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14 April 2021
Odessa Area Methamphetamine Ring Members Sentenced to Federal PrisonRead the Press Release
In Midland, a federal judge sentenced the last of six defendants who were operating a methamphetamine distribution ring throughout the Odessa area. The judge sentenced 42-year-old Jeremy David Farley, aka “Biker,” to 30 years in federal prison for conspiring to distribute approximately 27 kilograms of methamphetamine throughout the Odessa area, announced U.S. Attorney Ashley C. Hoff, Odessa Police Chief Mike Gerke and DEA Special Agent in Charge Kyle Williamson, El Paso Division.
During yesterday’s sentencing hearing, U.S. District Judge David Counts also ordered that Farley be placed on supervised release for a period of 10 years after completing his prison term.
On September 15, 2020, jurors convicted Farley of one count of conspiracy to possess with intent to distribute methamphetamine. According to evidence presented during trial, Farley and others conspired between October 2019 and December 2019 to distribute approximately 27 kilograms of methamphetamine in the Permian Basin. Evidence also revealed that this was Farley’s second federal drug conviction after being sentenced in 2009 to 87 months in federal prison for possession of methamphetamine with intent to distribute in the Odessa area.
This case resulted in six convictions and federal prison sentences, including Farley. The other defendants who pleaded guilty to one count of conspiracy to distribute methamphetamine are:
- Alan Oszuel Gonzalez, age 35 of Midland, was sentenced on October 2, 2020 to 235 months in federal prison followed by five years of supervised release;
- Bryan Edward Madsen, age 49 of Odessa, was sentenced on October 9, 2020 to 312 months in federal prison followed by five years of supervised release;
- Timothy Granado Marquez, age 36 of Odessa, was sentenced on October 14, 2020 to 188 months in federal prison followed by five years of supervised release;
- Amber Rene Velarde, age 32 of Midland, was sentenced on October 14, 2020 to 135 months in federal prison followed by five years of supervised release; and,
- Michael Robert Spaulding, age 46 of Wink, was sentenced on October 2, 2020 to 235 months in federal prison followed by five years of supervised release.
The Odessa Police Department, with assistance from the DEA, investigated this case. Assistant U.S. Attorney Shane A. Chriesman prosecuted this case.
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North Carolina Man Who Used Snapchat to Solicit Minors in Galax Pleads Guilty in Federal CourtRead the Press Release
ABINGDON, Va. – A North Carolina man, who used the popular social media messaging app Snapchat to solicit minors to send him sexually explicit photographs and videos in exchange for expensive gifts, pleaded guilty today in U.S. District Court in Abingdon, Acting United States Attorney Daniel P. Bubar, Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Division, and Grayson County Sheriff Richard Vaughan announced today.
Jason Kelly Inman, 40, of Mount Airy, N.C., waived his right to be indicted and pleaded guilty today to a one-count Information charging him with persuading, enticing, and coercing and attempting to persuade, entice, and coerce minors to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. At sentencing, Inman faces a term of imprisonment of 15 to 17-and-one-half years, and a mandatory minimum term of supervised release of five years. A sentencing hearing has been scheduled for July 21, 2021 at 2:30 p.m.
“This defendant used the internet to prey on vulnerable victims, promising them expensive gifts and cash in order to facilitate this egregious behavior,” United States Attorney Bubar said today. “An unfortunate side effect of living our lives increasingly online is the increased ability of bad actors to reach across the internet into the bedrooms of our children through messaging apps, social media, and other platforms. I am thankful for the work of the FBI and the Grayson County Sheriff’s Office in bringing this case to justice.”
“Sending just one sexually explicit image could be the catalyst for possible child sexual exploitation. That's why it's imperative that we educate our communities about these threats to our youth, investigate and prosecute those that prey on our children, and mitigate the effects of these crimes. Reporting these crimes in a timely manner enables trained law enforcement personnel to initiate investigations and arrange for appropriate victim services,” Special Agent in Charge Meador said today. “FBI Richmond is grateful for the partnership of the Grayson County Sheriff's Office, the Virginia State Police and the United States Attorney's Office during this investigation.”
“I commend everyone involved with the investigation, arrest, and successful prosecution of this child predator,” Grayson County Sheriff Richard Vaughan said today. “The school administration, resource officers, investigators, and prosecutors did an outstanding job! We are thankful for the great working relationship we have with our law enforcement partners.”
Today Inman admitted that between June 2020 and December 2020, he used Snapchat to solicit minor victims living in Grayson County, Virginia, to send him sexually explicit photographs and videos of themselves. Inman targeted at least four minor, male victims, all who resided in Galax, Virginia, and ranged in age from 14 to 16 years old.
Inman’s general pattern of behavior was to exchange messages with his victims using Snapchat and provide the victims with gifts, including marijuana, vape cartridges, money, and cell phones. Inman would then turn the conversation toward sexual issues, eventually requesting and receiving sexually explicit photographs and videos from his victims via Snapchat, in exchange for the victims continuing to receive gifts. Inman also traveled to Grayson County, Virginia, to deliver gifts to his victims and meet with them in-person, including meeting at least one victim at a Grayson County school bus stop. There is no evidence of actual physical contact between Inman and the victims.
The investigation of the case was conducted by the Grayson County Sheriff’s Office, the Federal Bureau of Investigation, and the Virginia State Police. Assistant United States Attorneys Lena L. Busscher and Whit D. Pierce are prosecuting the case for the United States.
New York Man Sentenced on Federal Drug ChargeRead the Press Release
BANGOR, Maine: A New York man was sentenced today in federal court for possessing cocaine base and fentanyl with intent to distribute, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge John A. Woodcock, Jr. sentenced Terrence Robinson, aka “Trevor Scott,” 28, to five years in prison and four years of supervised release. Robinson pleaded guilty on December 11, 2020.
According to court records, on November 15, 2019, law enforcement officers encountered Robinson in Bangor. Robinson had active warrants for his arrest. Officers searched Robinson and located packages of drugs concealed in his pants. Officers seized a package containing 61.7 grams of a mixture containing cocaine base and a package containing 68.9 grams of a mixture containing fentanyl, heroin and methamphetamine.
The U.S. Drug Enforcement Administration, the Maine State Police and the Bangor Police Department investigated the case.
New York City Man Arrested for Carrying Out Hoax Bomb Threat at Manhattan RestaurantRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of a criminal Complaint charging MALIK SANCHEZ, a/k/a “Smooth Sanchez,” with making a hoax threat to detonate a bomb at a restaurant in the Flatiron neighborhood in New York, New York, on or about February 13, 2021. SANCHEZ was arrested today in Manhattan, and he will be presented this afternoon before United States Magistrate Judge Ona T. Wang.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Malik Sanchez perpetrated a hoax bomb threat at a Manhattan restaurant that frightened innocent victims, sowed chaos, and diverted precious law enforcement resources. Today’s arrest makes clear that such conduct will not be tolerated.”
FBI Assistant Director William F. Sweeney Jr. said: “Whether real or perceived, a threat of violence is a serious action with real-life consequences. In this case, Sanchez’s alleged behavior carries the potential for a federal prison sentence. Anyone who intends to carry out a similar hoax should know that the FBI’s JTTF is ready and willing to respond.”
NYPD Commissioner Dermot Shea said: “Malik Sanchez’s alleged hoax bomb threat, as detailed in today’s federal complaint, disrupted not only the safety and well-being of several innocent restaurant patrons but the fabric of society. Our NYPD detectives, with our partners in the FBI’s Joint Terrorism Task Force and the United States Attorney’s Office in the Southern District of New York, have zero tolerance for actions like these.”
As alleged in the Complaint unsealed in Manhattan federal court[1]:
SANCHEZ self-identifies as an “Involuntary Celibate” or “Incel,” which refers to a primarily online group of individuals, mostly men, who believe that society unjustly denies them sexual or romantic attention to which they are entitled. SANCHEZ has posted multiple videos to social media accounts depicting SANCHEZ harassing, threatening, and in one instance harming individuals whom SANCHEZ encounters in Manhattan, while expressing support for Incel ideology, including for carrying out violence against women in the name of the group.
For example, on or about February 7, 2021, SANCHEZ posted online a video with a caption including “INCEL ARMY RISE UP.” The video depicts SANCHEZ yelling at two women walking on a street in Manhattan that SANCHEZ has “Incel rage”; that he supports Incel’s unofficial founder, Elliot Rodger, who attacked a sorority house and pedestrians in California in 2014, killing six victims and injuring 14 others; and that Rodger’s victims “deserved to be run over and hit by a truck. They deserved to be slaughtered.”[2] On or about March 20, 2021, SANCHEZ posted another video filmed in Manhattan, which depicts SANCHEZ approaching multiple women at an outdoor seating area. In the video, SANCHEZ again proclaimed his support for Incels and Elliot Rodger, while making hand gestures mimicking pointing a gun. After multiple individuals attempted to get SANCHEZ to stop, SANCHEZ sprayed pepper spray in the face of one of those individuals. SANCHEZ was arrested by responding NYPD officers and charged with state offenses, and was thereafter released on bail.
On or about February 13, 2021, SANCHEZ posted a video that depicts him perpetrating a hoax bomb threat at a restaurant in Manhattan’s Flatiron neighborhood. The video shows SANCHEZ approaching an outdoor seating area in front of the restaurant and stating: “Let’s enhance their meal.” SANCHEZ then positioned himself close to two women seated at one of the tables, and conveyed that he was about to detonate a bomb. SANCHEZ loudly stated: “Allahu Akbar. Allahu Akbar. Bomb detonation in two, in two minutes. I take you with me and I kill all you. I kill all you right now. And I kill all you for Allah. . . . I’m gonna do it. I’m gonna fucking do it for Allah. I’m gonna do it, for, Allah, Allah, Allahu Akbar, Come on. I do it, bomb now, bomb now.” The two women appeared startled, gathered their belongings, and went into the restaurant; approximately four other individuals in the seating area grabbed their belongings and ran away. SANCHEZ then stated: “Yo, all of them scattered” and “Holy shit boys. That was fucking five stars. That was five stars.” At least one individual called 911 in connection with the bomb threat, and law enforcement responded to the scene. By that point, SANCHEZ had left the area.
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SANCHEZ, 19, of New York, New York, is charged with one count of conveying false and misleading information and hoaxes, in violation of Title 18, United States Code, Section 1038, which carries a maximum sentence of five years in prison. The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Ms. Strauss praised the outstanding investigative work of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Kaylan E. Lasky is in charge of the prosecution, with assistance from Trial Attorney Elisabeth Poteat of the Counterterrorism Section of the Department of Justice’s National Security Division.
The charge contained in the Complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations and every fact described should be treated as an allegation.
[2] Statements discussed and quoted herein are described in substance and in part.
New Jersey Man Indicted for Attempting to Hire A Hitman on Dark Net to Murder A 14-Year Old ChildRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man under investigation by the Atlantic County Prosecutor’s Office for child pornography-related offenses was indicted today for allegedly paying $20,000 in bitcoin to have the 14-year old child victim murdered, Acting U.S. Attorney Rachael A. Honig announced.
John Michael Musbach, 31, of Haddonfield, was charged by indictment with one count of murder-for-hire and will be scheduled for an arraignment at a later date.
According to documents filed in this case, and statements made in court:
In the summer of 2015, Musbach began communicating via an Internet Relay Chat (IRC) website with his victim, who was 13 years old at the time. Musbach began using those IRC conversations to request and receive sexually explicit videos and photographs of the minor victim and to send to the victim sexually explicit videos and photographs of himself.
In September 2015, the victim’s parents discovered the nature of Musbach’s communications with the victim and notified local law enforcement officers in the State of New York, where the victim resided. Officers began investigating Musbach’s conduct and called Musbach to notify him that he was under investigation for his online sexual contact with the victim and that he was to stay away from the victim. Upon identifying Musbach as a resident of Atlantic County, New Jersey, New York law enforcement officers reached out to the Atlantic County Prosecutor’s Office (ACPO), which continued the investigation.
On March 31, 2016, officers from the ACPO arrested Musbach on child pornography charges and executed a search warrant at his residence, then in Galloway, New Jersey. Law enforcement officers seized Musbach’s cellular telephone and his business. Musbach admitted to having sent sexually explicit images and videos of himself to the victim and having requested and received sexually explicit images and videos from the victim, all while knowing that the victim was 13-years old.
On Oct. 11, 2017, Musbach pleaded guilty to endangering the welfare of a child (the victim) by sexual contact and was sentenced on Feb. 9, 2018, by a New Jersey Superior Court Judge, to a two-year suspended sentence with parole supervision for life.
In 2019, a cooperating informant began providing law enforcement with messages between Musbach and a murder-for-hire website, which operated on the dark net, and which purported to offer contract killings or other acts of violence in return for payment in cryptocurrency.
Those messages revealed that in May 2016, Musbach attempted to arrange a murder-for-hire through the website. He asked if a 14-year-old was too young to target, and upon hearing that the age was not a problem, paid approximately 40 bitcoin (approximately $20,000) for the hit. Musbach repeatedly messaged the website’s administrator following up on the hit and asking when it would occur. When pressed for an additional $5,000 to secure the hit, Musbach eventually sought to cancel and asked for a refund of his $20,000. The website’s administrator then revealed that the website was a scam and threatened to reveal Musbach’s information to law enforcement.
Agents were able to confirm Musbach’s identity through several means, including linking him to the same screen name he used to communicate with the murder-for-hire website and also by tracing the flow of monies from Musbach’s bank account to the purchase of bitcoin used to pay for the hit.
The charge of use of interstate commerce facilities in the commission of murder-for-hire is punishable by a maximum potential penalty of 10 years in prison and a fine of the greater of $250,000, twice the gross profits to Musbach or twice the gross losses to the victim of his offense.
Acting U.S. Attorney Honig credited special agents of Homeland Security Investigations, in Newark, under the direction of Special Agent in Charge Jason Molina, and in St. Paul, Minnesota, under the direction of Special Agent in Charge Tracy Cormier, with the investigation. She also thanked the Atlantic County Prosecutor’s Office for its assistance.
The government is represented by Assistant U.S. Attorney Diana Vondra Carrig in Camden.
The charge and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Rocco C. Cipparone, Jr., Esquire, of Haddon Heights, NJ.
New Ipswich Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONCORD - Christopher Hodgeman, 29, of New Ipswich, pleaded guilty in federal court on Tuesday to possession of child pornography, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on or about November 28, 2018, Hodgeman began communicating with an undercover officer on a social media platform used to exchange child pornography. The officer pretended to be an uncle with a nine-year-old niece. Hodgeman repeatedly asked the officer to send him pictures of his niece and allow him to talk to her. Hodgeman sent images of child pornography to the officer. Investigators traced the social media account to Hodgeman’s residence and executed a search warrant on April 15, 2019, where they seized various devices including a cellular phone. A forensic examination of the phone revealed images of child pornography. Hodgeman admitted to using the account, communicating with minor females online, and possessing and distributing child pornography.
Hodgeman is scheduled to be sentenced on August 10, 2021.
“Child pornography contains horrific images of children being exploited,” said Acting U.S. Attorney Farley. “In order to protect children from exploitation and harm, we work closely with our law enforcement partners to identify and prosecute those who manufacture, distribute or possess child pornography.”
“The individual in this case not only traded in child exploitation material, but also sought to make direct contact with children online. Homeland Security Investigations is committed to investigating crimes against children online to prevent their exploitation and stop predators from making contact with potential victims,” said Acting Special Agent in Charge for the Homeland Security Investigations Boston Field Office, William S. Walker.
This matter was investigated by Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Georgiana MacDonald.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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New Hampshire Man Sentenced to Prison for Facilitating Employment Tax FraudRead the Press Release
A New Hampshire man was sentenced today to 18 months in prison for employment tax fraud.
According to court documents, Walter Rodriguez, of Manchester, aided and abetted several drywall companies that were evading the payment of employment taxes from 2011 to 2013. Rodriguez found workers for the companies for construction jobs. The companies then issued checks in the names of fictitious or fraudulent identities and provided those checks to Rodriguez, who converted the checks to cash at local check-cashing businesses and paid the workers off-the-books. In total, Rodriguez enabled the payment of $1.7 million in unreported wages, causing a tax loss of $416,000.
In addition to the term of imprisonment, U.S. District Judge Steven J. McAuliffe ordered Rodriguez to serve one year of supervised release and to pay approximately $416,163 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney John J. Farley for the District of New Hampshire made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Brittney Campbell of the Justice Department’s Tax Division and Assistant U.S. Attorney Seth Aframe of the District of New Hampshire prosecuted the case.
New Hampshire Man Sentenced to 18 Months in Prison for Facilitating Employment Tax FraudRead the Press Release
CONCORD – Walter Rodriguez, of Manchester, was sentenced today to 18 months in prison for employment tax fraud.
According to court documents, from 2011 to 2013, Rodriguez aided and abetted several drywall companies that were evading the payment of employment taxes. Rodriguez found workers for the companies for construction jobs. The companies then issued checks in the names of fictitious or fraudulent identities and provided those checks to Rodriguez. He then converted the checks to cash at local check-cashing businesses and paid the workers off-the-books. In total, Rodriguez enabled the payment of $1.7 million in unreported wages, causing a tax loss of $416,000.
In addition to the term of imprisonment, U.S. District Judge Steven J. McAuliffe ordered Rodriguez to serve 1 year of supervised release and to pay approximately $416,163 in restitution to the United States.
Rodriguez previously pleaded guilty on January 12, 2021.
Acting United States Attorney John J. Farley and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
“The defendant committed a serious violation of federal law,” said Acting U.S. Attorney Farley. “The defendant’s elaborate scheme generated a significant number of false documents, allowed individuals to work off-the-books, and resulted in over $400,000 in unpaid taxes. As this case shows, tax cheaters in New Hampshire will face significant consequences for their unlawful conduct.”
“Under-the-table schemes like those perpetrated by the defendant are an affront to the hardworking businesses who play by the rules,” stated Ramsey E. Covington, Acting Special Agent in Charge of Internal Revenue Service-Criminal Investigation, Boston Field Office. “The terms handed down in today’s sentencing will hopefully serve as a clear warning about the penalties that await those involved in this type of criminal activity.”
IRS-Criminal Investigation investigated the case. Assistant U.S. Attorney Seth Aframe of the District of New Hampshire and Trial Attorney Brittney Campbell of the Justice Department’s Tax Division prosecuted the case.
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Muncie Police Officers Indicted on Additional Charges of Excessive Force and ObstructionRead the Press Release
A federal grand jury in Indianapolis, Indiana, returned a 17-count superseding indictment charging three officers and one sergeant of the Muncie Police Department with excessive force and obstruction.
According to court documents, Officers Joseph Chase Winkle, 34, Jeremy Gibson, 30, Corey Posey, 28, and Sergeant Joseph Krejsa, 50, were indicted for their roles in using excessive force against arrestees and attempting to cover up the misconduct.
The superseding indictment charges Winkle with 11 felony offenses, Gibson with three felony offenses, Krejsa with two felony offenses, and Posey with one felony offense.
Winkle is charged with five counts of depriving five different arrestees of their rights to be free from excessive force, and six counts writing false reports about his uses of force against those arrestees, as well as two other arrestees. According to the superseding indictment, Winkle’s actions included kicking, punching, knee-striking, and using a taser on arrestees without justification, and resulted in bodily injury to the arrestees.
Gibson is charged with two counts of depriving two arrestees of their rights to be free from excessive force, and one count of writing a false report about his use of force against one of those arrestees. According to the superseding indictment, Gibson’s actions included punching, stomping on, and knee-striking arrestees without justification, and resulted in bodily injury to both arrestees.
Krejsa is charged with two counts of writing false reports related to two of Winkle’s excessive force incidents. According to the superseding indictment, on one occasion, Krejsa minimized the level of force used by Winkle during one arrest, and, on another occasion, falsely represented that a different Muncie Police Department sergeant cleared Winkle of his use of force when it was actually Krejsa who conducted that review.
Posey is charged with one count of writing a false report related to one of Winkle’s excessive force incidents. According to the superseding indictment, Posey’s use of force report misrepresented the arrestee’s behavior, and mischaracterized and omitted Winkle’s unlawful use of force during the incident.
Winkle, Gibson, and Krejsa were previously charged in a 12-count indictment with civil rights and obstruction offenses arising from five of the six incidents charged in the superseding indictment. The superseding indictment adds additional excessive force and false report charges against Winkle and Gibson related to a sixth incident, and charges Posey (who was not included in the previous indictment) with obstruction.
The maximum penalty for the deprivation-of-rights offenses is 10 years of imprisonment and the maximum penalty for false report offenses is 20 years of imprisonment.
The FBI conducted the investigation. Trial Attorneys Mary J. Hahn and Katherine G. DeVar of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Nicholas J. Linder of the Southern District of Indiana are prosecuting the case.
An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.
Muncie Police Officers Indicted on Additional Charges of Excessive Force and ObstructionRead the Press Release
Indianapolis – Acting U.S. Attorney John Childress announced today that a federal grand jury in Indianapolis, returned a 17-count superseding indictment charging three officers and one sergeant of the Muncie Police Department with excessive force and obstruction.
According to court documents, Officers Joseph Chase Winkle, 34, Jeremy Gibson, 30, and Corey Posey 28 – and Sergeant Joseph Krejsa, 50, were indicted for their roles in using excessive force against arrestees and attempting to cover up the misconduct.
The superseding indictment charges Winkle with 11 felony offenses, Gibson with three felony offenses, Krejsa with two felony offenses, and Posey with one felony offense.
Winkle is charged with five counts of violating 18 U.S.C. § 242 for depriving five different arrestees of their rights to be free from excessive force, and six counts of violating 18 U.S.C. § 1519 for writing false reports about his uses of force against those arrestees, as well as two other arrestees. According to the superseding indictment, Winkle’s actions included kicking, punching, knee-striking, and using a taser on arrestees without justification, and resulted in bodily injury to the arrestees.
Gibson is charged with two counts of violating 18 U.S.C. § 242 for depriving two arrestees of their rights to be free from excessive force, and one count of violating 18 U.S.C. § 1519 for writing a false report about his use of force against one of those arrestees. According to the superseding indictment, Gibson’s actions included punching, stomping on, and knee-striking arrestees without justification, and resulted in bodily injury to both arrestees.
Krejsa is charged with two counts of violating 18 U.S.C. § 1519 for writing false reports related to two of Winkle’s excessive force incidents. According to the superseding indictment, on one occasion, Krejsa minimized the level of force used by Winkle during one arrest, and, on another occasion, falsely represented that a different Muncie Police Department sergeant cleared Winkle of his use of force when it was actually Krejsa who conducted that review.
Posey is charged with one count of violating 18 U.S.C. § 1519 for writing a false report related to one of Winkle’s excessive force incidents. According to the superseding indictment, Posey’s use of force report misrepresented the arrestee’s behavior, and mischaracterized and omitted Winkle’s unlawful use of force during the incident.
Winkle, Gibson, and Krejsa were previously charged in a 12-count indictment with civil rights and obstruction offenses arising from five of the six incidents charged in the superseding indictment. The superseding indictment adds additional excessive force and false report charges against Winkle and Gibson related to a sixth incident, and charges Posey (who was not included in the previous indictment) with obstruction.
The maximum penalty for the deprivation-of-rights offenses is 10 years of imprisonment and the maximum penalty for false report offenses is 20 years of imprisonment.
An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.
The FBI conducted the investigation. Trial Attorneys Mary J. Hahn and Katherine G. DeVar of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Nicholas J. Linder of the Southern District of Indiana are prosecuting the case.
Montville Man Admits Robbing Norwich Bank While on Supervised Release for Prior Bank Robbery ConvictionRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that ANTHONY HALL, 60, of Montville, pleaded guilty yesterday before U.S. District Judge Janet C. Hall in New Haven to one count of bank robbery.
According to court documents and statements made in court, in April 2011, Anthony Hall was sentenced in Hartford federal court to 87 months of imprisonment, followed by five years of supervised release, for robbing four Connecticut banks in 2008 and 2009. He was released from federal custody in January 2016.
On September 13, 2019, while on federal supervised release, Hall robbed the Eastern Savings Bank, located at 666 West Main Street in Norwich, of approximately $2,400.
Hall has been detained since his arrest on related state charges in October 2019.
Judge Hall scheduled sentencing for July 6, 2021, at which time Anthony Hall faces a maximum term of imprisonment of 20 years for the bank robbery offense, and additional penalties for violating the conditions of his supervised release.
This matter has been investigated by the Federal Bureau of Investigation and the Norwich Police Department. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Monroe County Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Sparano, age 30, of Stroudsburg, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearm offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Sparano with conspiracy to distribute over one kilogram of heroin (which is the equivalent of approximately 40,000 individual doses of heroin). The indictment further charges Sparano with possessing two firearms while knowing that he had previously been convicted of a felony.
The matter was investigated by the Federal Bureau of Investigation (FBI) the Monroe County District Attorney’s Office, the Monroe County Drug Task Force, and the Stroud Area Regional Police Department. Assistant United States Attorney James Buchanan is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is life years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monmouth County Man Admits Posing as Teenager on Facebook to Induce Minor to Send Sexually Explicit Pictures and VideosRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man today admitted to knowingly receiving child pornography, Acting U.S. Attorney Rachael A. Honig announced today.
Herman Christopher Jensen, 68, of Union Beach, New Jersey, pleaded guilty by videoconference before U.S. District Judge Peter G. Sheridan to an information charging him with one count of knowingly receiving child pornography.
According to the documents filed in this case and statements made in court:
Special agents of the FBI began investigating Jensen for assuming the identity of a 17-year-old boy to entice and solicit an underage girl to send nude and sexually explicit images over the internet. Jensen did this by creating a fake Facebook account, purporting to be a teenaged boy named “Kevin Bennett.” From January 2018 through August 2018, Jensen used the “Kevin Bennett” Facebook account to communicate with the victim frequently, causing her to believe that she was involved in a romantic relationship with “Kevin Bennett.”
Jensen requested nude and semi-nude photographs from the victim through Facebook’s messenger service and the victim sent him images. Jensen received increasingly explicit videos depicting the victim engaging in sexually explicit activity.
In August of 2018, Jensen revealed to the victim that he was not the 17-year-old boy he purported to be, but instead an adult named Chris Jensen. The victim continued to communicate with Jensen via the “Chris Jensen” Facebook account. In December 2018, the victim traveled to New Jersey to live with Jensen. On Dec.19, 2018, local authorities removed the victim from Jensen’s residence.
The charge of knowingly receiving child pornography carries a minimum sentence of five years and a maximum of 20 years in prison, and a statutory maximum fine equal to the greatest of $250,000, or twice the gross amount of any pecuniary gain or loss, whichever is greater. Sentencing is scheduled for September 14, 2021.
Acting U.S. Attorney Honig credited special agents and task force officers of the FBI and the Red Bank Resident Agencies Jersey Shore Gang and Criminal Organization Task Force, under the direction of Special Agent in Charge George M. Crouch Jr., with the investigation leading to today’s guilty plea. She also thanked the Union Beach, New Jersey, Police Department, under the direction of Chief of Police Michael J. Woodrow, for assistance in the investigation.
The government is represented by Assistant U.S. Attorney Perry Farhat of the Government Frauds Unit of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: John C. Feggeler Esq., Matawan, New Jersey
Mid-Level Participant in South Pittsburgh Drug Gang Sentenced to 5 Years in Federal PrisonRead the Press Release
PITTSBURGH - A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to five years’ (60 months’) imprisonment and four years’ supervised release on his conviction for conspiracy to distribute heroin and fentanyl. Williams was charged in connection with a large-scale investigation conducted by the Greater Pittsburgh Safe Streets Task Force, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge William S. Stickman, IV, imposed the sentence on Ronald Williams, age 28. Mr. Williams is one of 40 defendants charged in the Indictment and Superseding Indictment returned in the case.
According to information presented to the court, in 2017, the Greater Pittsburgh Safe Streets Task Force initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and its drug-trafficking activity in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, in February of 2019, the United States received authorization to conduct a federal wiretap investigation, which continued through June of 2019. Communications about drug trafficking between Williams and his codefendant, Christopher Highsmith, the leader of the organization, were intercepted. Additionally, agents made two controlled purchases of quantities of a fentanyl and heroin mixture from Mr. Williams and seized approximately there grams of a fentanyl and heroin mixture following a traffic stop of Mr. Williams’ vehicle.
Prior to imposing sentence, Judge Stickman advised Williams that his sentence was in keeping with other defendants sentences in the case that had a mid-level role within the drug-trafficking organization. Judge Stickman further ordered that $1,540 dollars in U.S. currency seized from Williams be forfeited to the United States.
Assistant United States Attorneys Carolyn J. Bloch and Brendan J. McKenna prosecuted this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Mebane Man Convicted of Possession of a Firearm by a Convicted Felon for a Second TimeRead the Press Release
RALEIGH, N.C. – A federal jury convicted a Mebane man yesterday on charges of Possession of a Firearm by a Convicted Felon.
According to court records and evidence presented at trial, Antonio Kortez Turner, 32, was indicted on November 20, 2019. On March 27, 2019, at approximately 1:45pm, Raleigh Police Department (RPD) Officers were conducting a security check of the parking lot at 500 W. Morgan Street, one block from the Ugly Monkey Bar. Officers located a black Honda Accord underneath a parking lot light and saw a firearm tucked between the passenger seat and the passenger door. After searching the vehicle registration, it was determined that the registered owner had the same address as Antonio Turner, a federally convicted felon who had previously been convicted in federal court for possession of a firearm by a convicted felon and distribution of cocaine base (crack). Officers also learned that Turner was on federal supervised release out of the Middle District of North Carolina for possession of a firearm by a convicted felon and distribution of cocaine.
Officers began surveillance on the parking lot and observed Turner enter the driver's seat and another man enter the passenger seat of the Honda Accord. RPD Officers approached the vehicle and observed Turner waving a firearm with an extended magazine outside the driver's side window. Officers gave verbal commands for Turner to drop the firearm and put his hands in the air. Turner instead attempted to conceal the firearm beneath the passenger's leg inside the Honda Accord. The passenger attempted to conceal the firearm under the passenger seat.
Turner faces up to 120 months imprisonment and 3 years of supervised release when he is sentenced at a later date.
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 Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF) and the Raleigh Police Department investigated the case and Assistant U.S. Attorneys Daniel Smith and David Fitzgerald prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.5:19-cr-00464-BO-1.
Maryland Tax Preparer Pleads Guilty to Preparing False ReturnsRead the Press Release
A Maryland tax preparer pleaded guilty today to conspiring to defraud the United States and to assisting in the preparation of a false tax return.
According to court documents and statements made in court, Veronica Fortune and two co-conspirators provided return preparation services from an office in Temple Hills. Fortune operated under several business names, including Fortune’s Professional Services LLC. Beginning in 2015, Fortune began preparing false returns for clients and permitted her co-conspirators to file false returns using Fortune’s IRS e-filing credentials. The IRS later expelled Fortune from its e-filing program, but she continued to prepare fraudulent returns through the 2018 tax year. In total, Fortune and her co-conspirators caused a tax loss to the IRS of $189,748.
Fortune is scheduled to be sentenced on Aug. 20, 2021. She faces a maximum penalty of five years on the conspiracy charge, and three years on the preparing a false tax return offense. A period of supervised release, restitution and monetary penalties also may be imposed. A federal district court judge will determine Fortune’s 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 Jonathan Lenzner for the District of Maryland made the announcement.
The IRS-Criminal Investigation is investigating the case.
Trial Attorney Kathryn Sparks of the Justice Department’s Tax Division and Assistant U.S. Attorney Leah Grossi of the U.S. Attorney’s Office for the District of Maryland are prosecuting the case.
Manchester Man Sentenced to 144 Months for Drug Trafficking and Firearms CrimesRead the Press Release
CONCORD - Justin McInnes, 32, of Manchester, was sentenced to 144 months in federal prison on Tuesday for unlawful possession of a firearm, possessing a firearm in furtherance of a drug trafficking offense and possession of cocaine with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on September 6, 2018, Manchester police officers approached McInnes as he was in the driver’s seat of a vehicle that had just backed out of a parking spot. As officers approached, McInnes accelerated toward the officers causing at least one to jump out of the way. Officers fired at the vehicle and, once the vehicle came to a stop, officers arrested McInnes. During a search incident to his arrest, officers found suspected cocaine and crack cocaine on McInnes’ person.
Officers obtained a search warrant for the vehicle and found three firearms, counterfeit money, and materials for manufacturing counterfeit money. Multiple cellular telephones were also seized that contained text messages related to drug distribution.
McInnes is legally prohibited from possessing firearms by virtue of prior felony convictions in 2008, 2013, 2014 and 2018.
“Armed criminals present a serious threat to the community,” said Acting U.S. Attorney Farley. “Thanks to the work of the Manchester Police Department and ATF, this dangerous armed drug trafficker will be in federal prison where he can no longer endanger the citizens of Manchester. We will continue to work closely with our law enforcement partners to identify and prosecute the violent criminals who threaten public safety in the Granite State.”
“I am very pleased with the sentence that the defendant received in this matter. His actions directly put the lives of Manchester Police officers and the community as a whole in grave danger and for that he is being held accountable. I am grateful to the officers, detectives and prosecutors who dedicated a great amount of effort and time to this case which directly impacted the defendant receiving the sentence that he did,” says Manchester Police Chief Allen Aldenberg.
This matter was investigated by the Manchester Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Anna Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man from Albuquerque pleads guilty to federal bank robbery chargeRead the Press Release
ALBUQUERQUE, N.M. – Dagoberto Ruiz, 25, of Albuquerque, pleaded guilty in federal court on April 7 to bank robbery.
A grand jury indicted Ruiz on June 11, 2019. In the plea agreement and other court documents, Ruiz admitted to entering a bank in Albuquerque on May 20, 2019, and robbing it using a demand note. After the teller handed Ruiz a bag of money, Ruiz left the bank, but was later located and arrested by law enforcement.
Ruiz will remain in custody pending sentencing. Ruiz faces 20 years in prison for this offense.
The FBI investigated this case. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
Man Sentenced for Attempted Robbery of ATMRead the Press Release
NEW ORLEANS, LA – THEODORE KEYS, age 40, a resident of New Orleans, was sentenced on April 13, 2021 for conspiracy to commit bank larceny, announced U.S. Attorney Duane A. Evans. KEYS was sentenced to 24 months in prison, 1 year of supervised release, and a $100 special assessment. He was also ordered to pay $39,324 in restitution to Capital One Bank for damage caused to the ATM machine.
According to court records, on or about February 5, 2020, KEYS and others attempted to break into an ATM located in the drive-through of a Capital One Bank using sledgehammers, crowbars, chains, and a truck. Just prior to this robbery attempt, KEYS and others were observed in the same truck attempting to break into an ATM at Hancock Whitney Bank.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Chief of the General Crimes
Man Pleads Guilty to Counterfeit COVID-19 Stimulus Checks SchemeRead the Press Release
ALEXANDRIA, Va. – A Reston man pleaded guilty today to bank fraud and aggravated identity theft in connection with a scheme to create counterfeit Economic Impact Payments (also known as COVID-19 stimulus checks), and for attempting to conduct a series of fraudulent financial transactions.
“The defendant illegally obtained the personal identifiers and financial information of more than 150 individuals in EDVA by stealing their mail, which he then used to conduct fraudulent transactions and create counterfeit COVID-19 stimulus checks,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We are firmly committed to holding accountable fraudsters who engage in identity theft and exploit a national economic crisis for personal gain at the expense of hardworking members of our communities.”
According to court documents, Jonathan Drew, 38, stole U.S. mail addressed to more than 150 individuals in Fairfax County between approximately December 2019 and August 2020. The mail Drew stole included bank statements, credit cards, credit card statements, W-2 forms, and more than $700,000 in checks, including a COVID-19 stimulus payment and checks Drew used to create counterfeit checks.
According to court documents, Drew used the stolen stimulus check to create counterfeit stimulus checks ranging from $1,200 to $2,400, and he negotiated his own authentically issued stimulus check twice. Drew also used the personally identifiable information of several individuals without authorization to lease an apartment, open bank accounts, and attempt to conduct fraudulent transactions through counterfeit checks, forged checks, unauthorized use of credit cards, and wire transfers.
Drew is scheduled to be sentenced on August 25. He faces a maximum penalty of 32 years in prison, including a mandatory minimum of two years. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; J. Russell George, Treasury Inspector General for Tax Administration; Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; David M. Rohrer, Fairfax County Interim Chief of Police and Deputy County Executive for Public Safety; and Michael L. Chapman, Loudoun County Sheriff, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea.
Special Assistant U.S. Attorney Roberta O. Roberts and Assistant U.S. Attorney Russell L. Carlberg are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-71.
Labor Contractor Indicted for Operating Undocumented Worker Conspiracy and Extensive Tax FraudRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Miguel Morales, 48, of Quarryville, PA; Jose Morales, 39, also of Quarryville, PA; Oscar Carrillo-Perez, 35, of West Grove, PA; and Santiago Garcia-Ramirez, 44, of Landenberg, PA; were arrested in a take-down operation conducted this morning following their Indictment on charges of conspiring to transport, and transporting, people who are not lawfully present in the United States. Additionally, Morales was charged with making false statements. In a separate Indictment, Miguel Morales and Lawrence Urena, 49, of Spring Lake, North Carolina (who was also arrested) were charged with conspiracy to defraud the United States and failure to collect and pay employment taxes.
According to the first Indictment, Miguel Morales, who owns and operates Morales Contractor based in Pennsylvania, provided a contracted labor force to various mushroom farms in Chester County, PA. These farms were businesses that were independent from Morales.' The labor force Morales provided was comprised of hundreds of undocumented workers. Morales provided some of these workers with housing in 10 properties that he owns in Lancaster and Chester Counties, and with transportation to and from the farms where they worked – charging those workers for both rent and transportation. The Indictment alleges that, from at least 2018, Miguel Morales, Carrillo-Perez, Garcia-Ramirez, and Jose Morales conspired to transport these undocumented workers who were illegally in the United States. The Indictment also alleges that Miguel Morales hired people regardless of their immigration status, hired undocumented aliens who were not lawfully present in the United States, did not file Form W-2 Wage and Tax Statements, and failed to collect and pay over to the IRS employment taxes for his business.
Defendants Carrillo-Perez, Garcia-Ramirez, and Jose Morales allegedly participated in the conspiracy by driving vehicles registered to Miguel Morales to transport the undocumented workers between their residences and the farms where they worked for Morales Contractor, handing out paychecks to the workers, and driving them to La Latina Intemational Market in Oxford, PA, where they could cash their paychecks and wire money to foreign countries. La Latina also was operated by Miguel Morales. The remaining counts of the Indictment charge all of the defendants with transporting undocumented people across state lines on various dates.
The second Indictment alleges that Miguel Morales and Lawrence Urena conspired to obstruct the IRS in its lawful assessment and collection of unemployment taxes. According to this Indictment, Urena operated Urena Accounting, which was a tax preparation business that handled accounting work for Morales, including weekly payroll. For calendar year 2020, Morales paid wages of $3,644,142 to employees, many of whom earned $10 per hour, which required him to withhold and pay over to the IRS approximately $921,968 in employment taxes. However, Morales allegedly paid no employment taxes to the IRS in 2020. Further, the Indictment also alleges that from 2015 to 2018, Morales paid the IRS only a fraction of what he owed, resulting in a tax loss of approximately $2 million.
“According to the Indictment, Miguel Morales and the other defendants knew they were employing undocumented workers as part of a years-long scheme to avoid paying their fair share of taxes to the United States,” said Acting U.S. Attorney Williams. “This case is about exploiting those less fortunate out of sheer greed. This type of fraud will not be tolerated in this District, and these defendants will now have to answer to these charges.”
If convicted, the defendants could face the following possible sentences: Miguel Morales faces a maximum possible sentence of 250 years of in prison, and a $8,750,000 fine; Lawrence Urena faces a maximum possible sentence of five years in prison, and a $250,000 fine; Carrillo-Perez faces a maximum possible sentence of 65 years of in prison, a $1,750,000 fine; Garcia-Ramirez faces a maximum possible sentence of 85 years in prison, and a$2,250,000 fine; and a Jose Morales faces a maximum possible sentence of 15 years of imprisonment, $500,000 and a period of supervised release of 3 years.
The case was investigated by Internal Revenue Service Criminal Investigation, Homeland Security Investigations, Department of Labor Office of Inspector General, and the Chester County Detectives; and is being prosecuted by Assistant United States Attorney Karen Grigsby.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Kent County Tax Preparer Indicted for Preparing False ReturnsRead the Press Release
A federal grand jury alleges Gonzalo Rodriguez concealed his involvement in the scheme
by using the IRS filing credentials of other tax return preparers.
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that a federal grand jury charged Gonzalo Ramon Rodriguez, of Kent County, with aiding and assisting in the preparation and presentation of false and fraudulent tax returns, and aiding and abetting the filing of false claims against the United States Department of the Treasury.
According to the indictment, Gonzalo Rodriguez provided tax preparation services using electronic filing identification and preparer tax identification numbers that were assigned to two other e-file providers. For the tax years 2014 through 2018, Rodriguez allegedly selected the wrong filing status for his clients to maximize his preparation fees, attached Schedules C to tax returns that reported business expenses that the taxpayers did not incur, and claimed the Earned Income Tax Credit for taxpayers who did not otherwise qualify. The indictment further alleges that those actions fraudulently reduced his clients’ tax liabilities and increased their refunds.
If convicted, Rodriguez faces a maximum sentence of 3 years in prison for the false and fraudulent tax return counts and 5 years in prison for the false claims counts. Rodriguez also faces a period of supervised release, restitution, and monetary penalties. Actual sentences for federal crimes are typically less than the maximum penalties provided by law. Upon conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges in the indictment are merely accusations and are not evidence of guilt. The defendant is presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
The Grand Rapids office of the Internal Revenue Service – Criminal Investigation is investigating this case. A date for Rodriguez’s arraignment has not yet been scheduled.
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Judges sentences St. Louis man for being a felon in possession of a firearmRead the Press Release
ST. LOUIS – United States District Judge John A. Ross sentenced Randy Clark to 77 months in prison today. The 34-year-old St. Louis, Missouri resident pleaded guilty to one count of being a felon in possession of a firearm.
On October 25, 2019, Clark was driving a vehicle with expired tags when officers from the North County Police Cooperative stopped him. At the time of the stop, Clark had a bag strapped to his torso. Police learned Clark was wanted as a suspect and asked him to exit the vehicle. Clark was initially non-compliant, but finally exited the vehicle after multiple requests.
Officers found a .40 caliber semiautomatic firearm in the bag around Clark’s torso. The firearm was loaded with nine rounds of ammunition.
The North County Police Cooperative investigated this case. Assistant United States Attorney Jason Dunkel is handling the case.
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Jamesville Man Pleads Guilty to Distribution, Transportation and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Roy Bovee, age 34, of Jamesville, New York, pled guilty today before United States District Judge David N. Hurd to one count of distribution of child pornography, one count of transportation of child pornography and one count of possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Acting New York State Police Superintendent Kevin P. Bruen.
Bovee, who remains detained pending his sentencing scheduled for August 11, 2021, faces 15 years imprisonment on the charges. The Court will also impose a term of supervised release of between five (5) years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
As part of his guilty plea, Bovee admitted that in July 2020 he used the Kik Messenger application on his cellular telephone to distribute child pornography to other other Kik users. A search of the defendant’s cellular telephone revealed that he possessed 152 images and 113 video files depicting minors engaged in sexually explicit conduct. The images and videos included depictions of the rape and sodomy of prepubescent children. In addition, Bovee admitted to uploading over 100 images and videos depicting minors engaged in sexually explicit conduct to his on-line cloud storage account. Bovee is registered sex offender who while in the military was convicted in 2010 of Distribution of Child Pornography sentenced to 20 months imprisonment and given a bad conduct discharge. He was also convicted in 2014 of failing to register as a sex offender and sentenced by United States District Judge David N. Hurd to 54 months in prison. The defendant faces an additional sentence for violating his terms of supervised release for his 2014 conviction.
Bovee’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and Computer Crimes Unit (CCU) with assistance from the United States Probation Office The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jackson Man Pleads Guilty to Armed Robbery of Jackson Ice Company Gas StationRead the Press Release
Jackson, Miss. – Timothy Dante Alexander, 27, of Jackson, pled guilty yesterday before U.S. District Judge Carlton W. Reeves, to brandishing a firearm during and in relation to a crime of violence, announced Acting U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On August 27, 2020, Timothy Dante Alexander robbed the Jackson Ice Company gas station on Jefferson Street at gunpoint. Surveillance video shows Alexander entering the store with a gun and walking behind the counter. Alexander pointed the gun at the store clerk and took $1000 cash from the register. Alexander was later apprehended wearing the same clothing in the surveillance video, a backpack as seen in the video, a gun and approximately $1000 in cash.
Alexander will be sentenced on July 15, 2021, at 9:00 a.m. and faces a minimum of seven years in prison and a maximum of life, as well as a potential maximum fine of $250,000.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Chris Wansley.
Illegal Alien Sentenced to 44 Months in Federal Prison for Possession of a FirearmRead the Press Release
RALEIGH, N.C. – The United States Attorney’s Office for the Eastern District of North Carolina announced that today, in federal court, Silvano Dominguez-Torres, age 32, a citizen of Mexico residing in Wake County, North Carolina, illegally present in the United States, was sentenced by United States District Judge Terrence W. Boyle to 44 months imprisonment following a guilty plea to unlawful and illegal alien in possession of a firearm.
According to an affidavit filed in support of a criminal complaint, Dominguez-Torres, illegally entered the United States without inspection at an unknown place and date. Thereafter, according to the affidavit, Dominguez-Torres was deported from the United States and reentered without permission as follows:
- On March 13, 2014, he was deported to Mexico at Laredo, Texas and reentered the United States thereafter without permission.
- On March 26, 2014, he was deported to Mexico at Brownsville, Texas and reentered the United States thereafter without permission.
- On September 18, 2014, he was deported to Mexico at Laredo, Texas and reentered the United States thereafter without permission.
- On May 3, 2016, he was deported to Mexico at El Paso, Texas and reentered the United States thereafter without permission.
- On October 12, 2017, he was deported to Mexico at El Paso, Texas and reentered the United States thereafter without permission.
Additionally, according to the affidavit, on March 5, 2019, Dominguez-Torres was arrested in Wake County, North Carolina by local law enforcement.
According to court records and information provided in court, on July 26, 2020, a traffic stop was conducted by North Carolina State Highway Patrol in Wake County, North Carolina, on a vehicle driven by Dominguez-Torres. Dominguez-Torres was suspected of driving while impaired. Dominguez-Torres attempted to flee the trooper on foot and resisted arrest for over 10 minutes. In addition, Dominguez-Torres bit the trooper on his hand to avoid being handcuffed. Dominguez-Torres was subsequently taken into custody. The trooper had to seek a medical evaluation. A search of Dominguez-Torres’s vehicle revealed a .380 caliber handgun located on the passenger side floor. The firearm was reported stolen. Fingerprints submitted to DHS and FBI databases confirmed Dominguez-Torres’s identity as a previously deported alien. Dominguez-Torres was charged with illegal reentry of a deported alien via criminal complaint on July 30, 2020, and on September 2, 2020, he was indicted for illegal reentry and unlawful and illegal alien in possession of a firearm. He pled guilty on November 16, 2020.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement. Agents with ICE’s Homeland Security Investigations and Enforcement and Removal Operations, in conjunction with the North Carolina State Highway Patrol, investigated the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case Nos. 5:20-cr-00376-BO and 5:20-mj-1789-JG.
- On March 13, 2014, he was deported to Mexico at Laredo, Texas and reentered the United States thereafter without permission.
Houston man admits to exploiting minors he met onlineRead the Press Release
HOUSTON – A 41-year-old Houstonian has entered guilty pleas to coercion and enticement of a minor as well as sexual exploitation of a child, announced Acting U.S. Attorney Jennifer B. Lowery.
Thomas Douglas Butler had met a 14-year-old female on a social media/video chat site. After grooming her through their communications, he traveled to San Antonio to pick her up and bring her to his residence in a Houston hotel. While there, the victim reported Butler engaged in sex acts with her, provided her with alcohol on numerous occasions and gave her very little food.
Authorities located the victim Aug. 18, 2020, reunited her with her family and arrested Butler.
Law enforcement searched Butler’s hotel residence and seized several documents and electronic devices. This led to the discovery of a second minor female victim who resided out of state. Butler had groomed her to perform sexually illicit behavior such as exposing her genitals in a lewd and lascivious manner during Skype video sessions, some of which he recorded.
Butler then coerced her into continuing to engage in sexually charged chats. If she failed to comply, he would threaten to notify her parents or others of their relationship and potentially distributing the videos he created from the Skype chats.
U.S. District Judge Alfred Bennett accepted the plea and set sentencing for June 24. If convicted, Butler faces up to life in prison for the coercion and enticement as well as another minimum of 15 and up to 30 years for sexual exploitation of a child. Both charges also carry potential fines up to $250,000. He could also be ordered to pay thousands of dollars in special assessments and restitution.
Found to be a danger to the community and a flight risk, Butler has been and will remain in custody pending that hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Sherri L. Zack is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Hazleton Man Indicted for Firearms and Drug Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Shirley, age 28, of Hazleton, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearms offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Shirley with distributing fentanyl and methamphetamine and possessing with the intent to distribute fentanyl, methamphetamine, and cocaine. The indictment further charges Shirley with possessing two firearms, including a 5.56 caliber rifle, in furtherance of a drug trafficking offense and for possessing them having been previously convicted of a felony offense.
The matter was investigated by the Federal Bureau of Investigations (FBI), and the Pennsylvania State Police. Assistant United States Attorney James Buchanan is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrison County Man Sentenced for Possessing Pipe BombRead the Press Release
MARSHALL, Texas – A Marshall, Texas man has been sentenced to prison for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei.
Thomas Asa Harbarger, 57, pleaded guilty on Nov. 17, 2020, to possession of an unregistered destructive device and was sentenced to 72 months in federal prison today by U.S. District Judge Rodney Gilstrap.
“We are proud to work with our state and local partners to protect the public and ensure the safety of our community,” said Acting U.S. Attorney Nicholas J. Ganjei. “Thanks to the diligence and quick thinking of the Texas State Trooper in this case, a dangerous criminal is off the street.”
According to information presented in court, on August 2, 2019, Harbarger was working on a disabled vehicle on the side of Highway 49 in Cass County, Texas when he was approached by a Texas State Trooper. During the incident the trooper learned that the vehicle had been reported stolen. When asked for identification, Harbarger told the trooper he did not have his identification and gave a fictitious name. Harbarger was subsequently detained, where it was determined that he had outstanding warrants. After Harbarger’s arrest, a homemade pipe bomb was found in the driver’s side door pocket of the vehicle. A later inspection of the device by the ATF, concluded that the pipe bomb was capable of causing injury or death to a person.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Texas Department of Public Safety, and the Atlanta, Texas Police Department. The case was prosecuted by Assistant U.S. Attorney Jim Noble.
###
Green Island Man Sentenced to 151 Months for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Arthur L. Gurbey, age 48, of Green Island, New York, was sentenced today to 151 months in prison for receiving and possessing child pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Gurbey admitted to possessing 101 videos and 90 images of child pornography, which were found on a phone that Gurbey was carrying when he was arrested after attempting to meet with someone he believed to be a 15-year-old girl.
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, to begin after Gurbey is released from prison. Judge McAvoy also ordered Gurbey to pay $3,000 to each of three victims whose images of abuse Gurbey possessed.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, the Saratoga County Sheriff’s Office, and the Colonie Police Department. The case was prosecuted by Assistant U.S. Attorney Emily C. Powers.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s’ offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Grant County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Melissa Dawn Bailey, of Cabins, West Virginia, has admitted today to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Bailey, 41, pleaded guilty to one count of “Distribution of Methamphetamine.” Bailey admitted to selling methamphetamine, also known as “crystal meth,” in June 2020 in Grant County.
Bailey faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Moorefield Police Department investigated. The task force consists of the FBI, the West Virginia State Police, the Grant County Sheriff’s Office, the Mineral County Sheriff’s Office, the Hampshire County Sheriff’s Office, and the Keyser Police Department.
U.S. Magistrate Judge Michael John Aloi presided.
Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. – A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
DeForest Man Charged with Child Pornography Crimes & Extortion
Cash Otradovec, 30, DeForest, Wisconsin is charged with 3 counts of attempting to produce child pornography, 3 counts of producing child pornography, and 5 counts of extortion.
The indictment alleges that on three occasions in February through April 2020, Otradovec attempted to use, persuade, induce, entice and coerce three minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. It further alleges that on three additional occasions in March through April 2020, he used, persuaded, induced, enticed and coerced three other minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
The indictment also charges Otradovec with transmitting communications to 5 of the minor victims containing threats to injure the reputation of the victim, with the intent to extort a thing of value from the victim, in February through April 2020.
If convicted, Otradovec faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison on each child pornography charge. The maximum penalty for each extortion charge is 2 years in federal prison. The charges against Otradovec are the result of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Julie Pfluger is handling the prosecution.
Dane County Man Charged with Possession of Child Pornography
William Heitman, 34, Verona, Wisconsin, is charged with possessing child pornography. The indictment alleges that on June 5, 2020, Heitman possessed Micro SD cards containing depictions of minors engaging in sexually explicit conduct. The indictment further alleges that at least one of the depictions involved a minor who had not attained 12 years of age.
If convicted, Heitman faces a mandatory minimum sentence of 10 years and a maximum of 20 years in federal prison. The charge against him is the result of an investigation by the Verona Police Department and Federal Bureau of Investigation. Assistant U.S. Attorney Julie Pfluger is handling the prosecution.
Two Illinois Men Charged with Armed Robberies of Lake Delton Businesses
Deon Brown, 27, Zion, Illinois, and Cortez Thurmond, 28, North Chicago, Illinois, are charged with robbing two businesses in Lake Delton, Wisconsin. The indictment alleges that Brown and Thurmond robbed Alpha Red Studio and Gifts of the World on July 28, 2020, and that during each robbery the defendants brandished a dangerous weapon at the employees of the businesses.
If convicted, Brown and Thurmond face a maximum penalty of 20 years in federal prison on each charge. The charges against them are the result of an investigation by the Lake Delton Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Aaron Wegner is handling the prosecution.
Eau Claire Man Charged with Gun Crimes
Gavin Potter, 21, Eau Claire, Wisconsin, is charged with 2 counts of being a felon in possession of a firearm. The indictment alleges that from December 16 to 28, 2020, he possessed a .380 handgun, and that from December 28 to 29, 2020, he possessed a 9mm handgun.
If convicted, Potter faces a maximum penalty of 10 years in federal prison on each charge. The charges against him are the result of an investigation by the Eau Claire County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan is handling the prosecution.
Four individuals indicted on federal firearms feloniesRead the Press Release
SAVANNAH, GA: Four defendants face felony charges including illegal firearms possession after indictment by a U.S. District Court grand jury in the Southern District of Georgia.
The cases are being investigated in collaboration with federal, state and local law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). All of the defendants are prohibited from possessing firearms.
“Along with our law enforcement partners, we will vigorously enforce existing laws to keep guns from the hands of those who are prohibited from possessing them,” said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. “We especially applaud our continued collaboration with the ATF.”
In the past three years, more than 665 defendants were federally charged in the Southern District of Georgia for illegal firearms offenses – most often for possessing a firearm after having been convicted of a previous felony. The charge carries a statutory penalty upon conviction of up to 10 years in prison, and there is no parole in the federal system.
Those named in federal indictments from the April 2021 term of the U.S. District Court grand jury include:
- Donald Lorenzo Evans Jr., 43, of Augusta, charged with Possession of Cocaine with Intent to Distribute; Possession of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession of a Firearm by a Convicted Felon; and Possession of a Firearm by a Prohibited Person, in reference to a prior conviction for domestic violence;
- Matthew James Gordon, 26, of Savannah, charged with Possession of Cocaine and Crack Cocaine, and Possession of a Firearm by a Convicted Felon.
- Kevin James Allen, 42, of Savannah, charged with Possession of a Firearm by a Convicted Felon; and,
- King Coney, 29, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
In addition to these indictments, convicted felon Jonah Robert Schafner, 33, of Grovetown, was indicted on one count of Escape from Custody. On March 9, Schafner was sentenced in U.S. District Court in Augusta to 108 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon, and Possession of Firearms by a Convicted Felon. The new indictment alleges that after his sentencing hearing, Schafner escaped from the Jefferson County Jail while he was awaiting transfer to federal prison. He was taken into custody four days later in Columbia County, and if convicted of Escape faces an additional sentence of up to five years in prison.
These cases also were investigated under the Prosecutor to Prosecutor Program (P3), in which federal and state prosecutors collaborate to determine the most appropriate venue for adjudication of alleged crimes.
Agencies investigating these cases include the ATF; Savannah Police Department; the Richmond County Sheriff’s Office; and the Columbia County Sheriff’s Office, with assistance from the U.S. Marshals Service.
The cases are being prosecuted for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys, including Project Guardian Coordinator Henry W. Syms; Jennifer A. Stanley; Joseph McCool; and Marcela C. Mateo.
Under federal law, it is illegal for an individual to possess a firearm if he or she falls into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to purchase – firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, also is a federal offense.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
Four Men Arrested for Smuggling and Concealing $1.28 Million Following Apprehension Near Stumpy Beach on St. Thomas, V.I.Read the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that charges were filed against four men for smuggling and concealing approximately $1.28 million dollars. Geraldo Alverio Morales, Jesus Javier Lebron Pinto, and Alcibiades Flis Batista were arrested Wednesday evening, April 7, 2021, and made their initial appearances in federal court on April 8, 2021. Joshua Laboy Lozada was arrested on April 8, 2021 and made his initial appearance on April 9, 2021.
The detention hearings for Alcibiades Flis Batista and Joshua Laboy Lozada were held April 13, 2021. Flis Batista was ordered detained. Laboy Lozada was released on bail on home detention and electronic monitoring. Alverio Morales and Lebron Pinto’s detention hearings are scheduled for Friday, April 16, 2021.
According to court documents, on April 7, 2021 at approximately 5:00 p.m., Customs and Border Protection (CBP) Air and Marine officers were conducting border security patrols in the Stumpy Beach area, on the west end of St. Thomas, V.I. Stumpy Beach is known by law enforcement officers for its history of contraband smuggling activity. During the patrol, CBP officers observed a silver Ford Explorer passing with dark tinted windows. CBP officers continued down toward the beach and observed an unknown male emerge from the bushes. The unknown male appeared nervous upon seeing the CBP officers. The CBP officers continued to monitor the subject and observed him talking on his cell phone. CBP officers later observed that the silver Ford Explorer, previously seen along the road, had returned to the beach area. The occupant of the vehicle later approached the unknown male and they began talking to each other.
CBP officers continued their surveillance. At approximately 7:05 p.m., CBP officers observed a wake in the ocean and the sound of a boat engine on the beach. They notified other CBP team members that a vessel traveling without navigational lights was approaching Stumpy Beach. After the vessel arrived in the area, the silver Ford Explorer travelled from the beach area towards the main road. CBP officers, who were also located along the rugged road, saw the silver Ford Explorer attempting to leave the Stumpy Beach area. The officers identified themselves by shining their vehicle lights along with the law enforcement blue lights. After seeing the law enforcements lights, the driver, later identified as Alcibiades Flis Batista, suddenly reversed the silver Ford Explorer until it was stuck in the dirt. After the vehicle became stuck, Batista exited the vehicle and ran into the bush.
Officers approached the silver Ford Explorer and observed three large black bags in the trunk of the vehicle. The bags contained approximately $1.28 million dollars in U.S. currency. The bags were wet, and the currency was wrapped in bundles of vacuum sealed plastic.
Other officers who were at sea, observed that a boat was beached on Stumpy Beach. Additional law enforcement officers assisted with both the search of the occupants of the vessel and the driver of the silver Ford Explorer.
A few hours later, officers located Geraldo Alverio Morales, Jesus Javier Lebron Pinto, and Alcibiades Flis Batista in an area adjacent to Stumpy Beach. The following day, the officers returned to Stumpy Beach and located Joshua Laboy Lozada, who was also taken into custody.
This case is being investigated jointly by the Caribbean Anti-Money Laundering Alliance (CMLA) which promotes interagency collaboration to identify, disrupt, and dismantle money laundering organizations operating throughout the Caribbean Established in 2018, CMLA’s partner agencies include Homeland Security Investigations, U.S. Customs and Border Protection, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Internal Revenue Service, U.S. Postal Inspection Service, U.S. Secret Service, U.S. Marshals, the U.S. Attorney’s Offices for the Districts of the Virgin Islands and Puerto Rico, as well as state and local law enforcement agencies. It is being prosecuted by Assistant United States Attorney Juan Albino.
United States Attorney Shappert reminds the public that an information is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
Forty-Seven Defendants Charged in Illegal Gambling and Drug IndictmentsRead the Press Release
For further information contact: Assistant U. S. Attorneys A. Dale Blankenship (619) 546-6705, Matthew Brehm (619) 546-8983
SAN DIEGO – A federal grand jury has indicted 47 people who are allegedly associated with illegal gambling establishments that are closely tied to gangs, drugs and violence in San Diego neighborhoods.
UNSEALED SEARCH WARRANTEarly this morning, more than 450 members of the FBI Violent Crimes Task Force - Gang Group, the San Diego Police Department and many other law enforcement agencies made 35 arrests and searched 24 locations, mostly illegal gambling dens in East San Diego neighborhoods. In all, 44 firearms, more than 12 pounds of methamphetamine, $263,000 in cash, and 640 gambling machines were seized during the two-year investigation. Of the 35 people arrested, 15 are part of the indicted group, and the others were arrests for state offenses. Three of the indicted individuals were already in custody prior to the takedown.
The defendants are charged with conspiracy, operating illegal gambling businesses, maintaining drug involved premises, possession of methamphetamine with intent to distribute, distribution of methamphetamine, importation of methamphetamine, felon in possession of firearm and felon in possession of ammunition. The gambling dens continued to operate during the pandemic.
“We have taken down the illegal gambling dens, and we have lifted a weight off our neighborhoods,” said Acting U.S. Attorney Randy Grossman. “As a result of the collaboration of federal, state and local law enforcement officials, law-abiding citizens who live in these neighborhoods will be safer without these magnets for crime in their midst. I am particularly grateful to FBI Special Agent in Charge Suzanne Turner, SDPD Chief David Nisleit, and District Attorney Summer Stephan for their work on this investigation and their dedication to keeping our community safe.”
“These gambling dens were not only host to illegal gambling, but a hub for a variety of other criminal activity to include drug trafficking and unlawful possession of firearms,” said FBI Special Agent in Charge Suzanne Turner. “This serves as another example of what happens when you bring together dedicated law enforcement professionals using a comprehensive approach to detect, disrupt, and dismantle these criminal operations.”
“Numerous crimes have been linked to the illegal gambling operations,” said SDPD Chief David Nisleit. “The investigative work led by the Violent Crimes Task Force and the arrests made have created a safer environment for all of our communities.”
“This joint operation is a prime example of what can be accomplished when law enforcement works together to respond to community concerns over increased crime in their neighborhoods,” said San Diego County District Attorney Summer Stephan. “Our DA team worked tirelessly with the Violent Crimes Task Force and the U.S. Attorney’s Office assisting with critical search warrants during the course of this operation.”
Those arrested today include the owners of the businesses and employees who acted as doormen, security and bankers; those who audit the machines; and those who collect the money. Also arrested were alleged drug dealers who operated within the dens.
The indictments allege that illegal gambling dens were often located inside small businesses or inside houses, apartments, and outbuildings in residential neighborhoods predominantly in City Heights, in the East San Diego area. According to court records, it is common for gambling den owners to pay rent in cash to the owners of these properties and, in some cases, a percentage of the profits to cast a blind eye to all the foot traffic.
These establishments are equipped with electronic gambling machines which are programmed with several games of chance such as poker, blackjack, keno, jacks or better, and slot games. Most locations of these establishments are open 24 hours a day, seven days a week. The indictments allege that many of these gambling locations were taking in thousands of dollars a day.
The main draw to illegal gambling establishments is methamphetamine use and sales, according to the indictments. It’s rare to have a patron who does not use or sell methamphetamine inside these locations. The people selling drugs inside may be employees or independent drug dealers. According to court records, it is common for employees to hand out small amounts of methamphetamine and “comp” customers to keep them playing and coming back for more.
Grossman praised federal prosecutors Dale Blankenship and Matthew Brehm as well as the Deputy District Attorneys, FBI Special Agents, San Diego Police Department detectives and officers and other state, federal and local law enforcement agencies who worked so hard on this investigation.
*Denotes fugitives
DEFENDANTS
21CR1109-H INDICTMENT
Case Number 21CR1109-H
Name
Age
Hometown
LONG NGOC TRAN (1),
aka “Long Tu,”
41
San Diego
*TUNG THANH NGUYEN (2),
aka “Ang,”
51
San Diego
THANH LAN THI NGUYEN (3),
aka “Lan,”
42
San Diego
DENNIS MICHAEL DIBLASI (4),
aka “Drago,”
47
San Diego
*WAYNE JONATHAN CLAYTON Jr. (5),
aka “G-Wayne,”
50
San Diego
*YVONNE MICHELLE AGUILAR (6),
aka “Michelle,”
41
San Diego
*ROBERT JAMES WRIGHT (7),
38
San Diego
TAM ONH ONG (8),
aka “Fireball,”
43
San Diego
*SAENGAMPHAY M. PHOMMASANE (9)
aka “Melinda,”
38
San Diego
*KAREN RENE ANN PRANGSAMPHAN- PORTER (10),
aka “KK,”
31
Arizona
*JESSICA CASTILLO (11),
aka “Green Eyes,”
39
San Diego
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years’ imprisonment and a $500,000 fine.
Maximum Penalties: For Distribution of Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1111-H
21CR1111-H INDICTMENT
Name
Age
Hometown
*TRI MINH VO, (1),
37
San Diego
TIEN HONG HONG LE (2),
aka “Mr. Le,”
58
Phoenix, AZ
DONG VAN NGUYEN (3),
43
San Diego
*DANG VAN NGUYEN (4),
53
San Diego
*MICHELLE SALVADORE EDWARDS (5),
48
San Ysidro
*KHANG DINH NGUYEN (6),
aka “K-Y,”
45
San Diego
*LEETRI DANG (7),
36
San Diego
*KE VAN TRAN (8),
aka “Kevin,”
57
San Diego
*KIARA PORSHA EASLEY (9),
28
San Diego
TO VAN LAI (10),
aka “Took,”
42
San Diego
CU VAN HUYN (11),
aka “Cucu,”
39
San Diego
*DAPHNE NICOLE RIVERA (12),
45
El Cajon
*WILLIAM VANNA BOUNSAVATH (13)
aka “Ray Ray,”
34
San Diego
*ALMA SOCORRO SILVA (14),
48
San Diego
TONY NGUYEN (15)
aka “Lucky,”
40
San Diego
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Possession with Intent to Distribute Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years imprisonment and a $500,000 fine.
Maximum Penalties: For Possession with Intent to Distribute and Distribution of Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1110-H
21CR1110-H INDICTMENT
Name
Age
Hometown
*JIMMY HUI BANH (1),
43
San Diego
JOSE ANTONIO TORRESDAY (2),
aka “Pepe,”
29
San Diego
TINA SENKET (3),
33
San Diego
JIMMY LU (4),
aka “Nam Van Lu,”
aka “Nam Thao,”
54
San Diego
*ARCADIO MAMURI CRUZ (5),
aka “Bangsta,”
aka “Archie,”
36
San Diego
*MARK ANONAS ARCELAO (6),
aka “Lil Tipsy,”
28
Jacksonville, Florida
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years’ imprisonment and a $500,000 fine.
Maximum Penalties: For Felon in Possession of Firearm Charges: Ten years’ imprisonment and a $250,000 fine.
Case Number 21CR1112-H
21CR1112-H INDICTMENT
Name
Age
Hometown
*LE THI LE (1),
aka “Chi Le,”
70
San Diego
PHOUNG THANH BUI (2)
45
San Diego
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years’ imprisonment and a $500,000 fine.
Maximum Penalties: For Distribution of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1116-H
Name
Age
Hometown
*MARTA LIDIA GUTIERREZ
27
San Diego
SUMMARY OF CHARGES
Importation of Methamphetamine (Title 21, U.S.C., Secs. 952 & 960)
Maximum Penalties: Importation of Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1114-H
Name
Age
Hometown
*ENRIQUE SAMUEL DUENAS,
aka “Kiki,”
28
San Diego
SUMMARY OF CHARGES
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Importation of Methamphetamine (Title 21, U.S.C., Secs. 952 & 960)
Maximum Penalties: For Distribution of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Maximum Penalties: For Felon in Possession of Firearm Charges: Ten years’ imprisonment and a $250,000 fine.
Maximum Penalties: Importation of Methamphetamine Charges: life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1124-H
Name
Age
Hometown
*CESAR ALONZO VALLADOLID,
aka “Playboy,”
36
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Importation of Methamphetamine (Title 21, U.S.C., Secs. 952 & 960)
Maximum Penalties: For Possession with Intent to Distribute Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Maximum Penalties: For Felon in Possession of Firearm Charges: Ten years’ imprisonment and a $250,000 fine.
Maximum Penalties: Importation of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1113-H
Name
Age
Hometown
ARTHUR MARCELINO CASTILLO
40
San Diego
SUMMARY OF CHARGES
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Distribution of Methamphetamine Charge: life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1117-H
Name
Age
Hometown
*KEOUDONE INTHAVONG
47
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute/Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Possession with Intent to Distribute and Distribution of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1123-H
Name
Age
Hometown
*WILLIAM HENRY SCOVALL,
aka “Cap,”
24
San Diego
SUMMARY OF CHARGES
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm Charge: Ten years’ imprisonment and a $250,000 fine.
Case Number 21CR1115-H
Name
Age
Hometown
*JULIUS GREENOGE
39
San Diego
SUMMARY OF CHARGES
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm Charge: 10 years’ imprisonment and a $250,000 fine.
Case Number 21CR1119-H
Name
Age
Hometown
*PHINATH PETER KHVANN,
aka “Peanut,”
44
San Diego
SUMMARY OF CHARGES
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm Charge: Ten years’ imprisonment and a $250,000 fine.
Case Number 21CR1118-H
Name
Age
Hometown
*PHONETHIP PETE INTHAVONG
50
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Possession with Intent to Distribute Charge: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1121-H
Name
Age
Hometown
DAVID LIBANAN OPHEIM,
aka “Casper,”
46
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Possession with Intent to Distribute Charge: 40 years’ imprisonment with a mandatory minimum sentence of 5 years and a $5 million fine.
Case Number 21CR1120-H
Name
Age
Hometown
THANH NGUYEN,
aka “Poway,”
46
Poway
SUMMARY OF CHARGES
Felon in Possession of a Firearms and Ammunition (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm and Ammunition Charges: years’ imprisonment and a $250,000 fine.
Case Number 21CR1122-H
Name
Age
Hometown
SEAN MICHAEL RIED (1)
33
San Diego
TUNG NGOC NGUYEN (2)
24
San Diego
SUMMARY OF CHARGES
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Distribution of Methamphetamine Charge: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
AGENCIES
Members on the Violent Crimes Task Force
FBI
San Diego Police Department
San Diego Sheriff’s Department
Internal Revenue Service
Homeland Security Investigations
National City Police Department
Chula Vista Police Department
Federal Bureau of Prisons
California Department of Corrections and Rehabilitation
San Diego County Probation
San Diego County District Attorney’s Office
Additional partner agencies participating in the takedown.
Drug Enforcement Administration
Bureau of Alcohol, Tobacco, Firearms and Explosives
U.S. Marshals Service
California Bureau of Gambling Control
San Diego City Attorney’s Office
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Former Weyerhaeuser Employee Sentenced to Federal Prison for Multi-Million Dollar Fraud SchemeRead the Press Release
EUGENE, Ore.—Susan Tranberg, 62, of Eugene, Oregon, was sentenced to federal prison today for defrauding her former employer, the Weyerhaeuser Company, out of more than $4.5 million, announced Acting U.S. Attorney Scott Erik Asphaug.
Tranberg was sentenced to 57 months in federal prison and three years’ supervised release.
According to court documents, beginning as early as June 2004 and continuing to January 2019, Tranberg defrauded Weyerhaeuser out of more than $4.5 million by submitting fraudulent invoices for payment to a fake vendor she created. Tranberg had worked for Weyerhaeuser in Springfield, Oregon in various positions for more than 40 years. A financial analysis determined that the vast majority of the money was used to fund a lavish lifestyle of expensive dinners, vacations, six-figure wedding expenses, and shopping sprees.
At some point in or before June 2004, Tranberg created a fake timber contract between the company and a vendor she named after her mother, who was unaware of the scheme. Over the next 10 years, Tranberg would use her positions in the company’s accounting and finance departments to request cashier’s checks, which she then cashed into her own bank account. During this time period, Tranberg requested and received more than $2.6 million.
In June 2014, Weyerhaeuser transitioned to a new payment processing system. To continue her scheme, Tranberg set up a fake vendor account in the new system and attached a letter purportedly from her mother describing the documentation provided to set up the account. This documentation included a Form SSA-1099 Social Security Statement and a forged Form W-9 Request for Taxpayer Identification Number and Certification. At the time Tranberg sent the letter and documentation, Tranberg’s mother had been deceased for five years.
After setting up the fake vendor account, Tranberg continued her scheme by forging colleagues’ signatures on check requests and using her colleagues’ computer login credentials without authorization to create requests and approve fraudulent payments. All requested cashier’s checks were sent via private or commercial interstate carrier directly to Tranberg. During these final five years, ending in January 2019, Tranberg requested and received nearly $1.9 million.
On January 29, 2020, Tranberg was charged by superseding criminal information with mail fraud, aggravated identity theft, and tax evasion. On January 30, 2020, she waived indictment and pleaded guilty to all three charges.
During sentencing, U.S. District Court Judge Michael J. McShane also ordered Tranberg to pay more than $5.3 million in restitution, to include $775,984 to Weyerhaeuser, $3,805,223 to the Crime Victims Fund, and $807,033 to the IRS.
This case was investigated by IRS-Criminal Investigation (IRS-CI) and FBI, and prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon.
Former Local Union Vice President Indicted for Operating Overtime Kickback Scheme in the Allentown Post OfficeRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Joseph Whitbeck, 55, of Tamaqua, PA, was charged by Indictment with wire fraud and honest services wire fraud stemming from his operation of a scheme to defraud fellow union members out of rightfully earned overtime compensation.
The Indictment alleges that the defendant, while serving as the Vice President for the Local 274 branch of the National Association of Letter Carriers in the Lehigh Valley area, operated a kickback scheme involving certain letter carriers at the Allentown Post Office. As the Vice President, Whitbeck filed numerous grievances on behalf of groups of letter carriers, claiming that U.S. Postal Service managers violated overtime rules. The indictment charges that Whitbeck then settled these class-action grievances for total lump sums, without designating the specific individuals to whom overtime grievance payments were owed, so that he could select the payees at a later time. Meanwhile, according to the Indictment, Whitbeck offered to secure extra overtime grievance payouts for some letter carriers who agreed to kick back a portion directly to him, generally in cash. This kickback scheme, as charged, prevented non-participating letter carriers from receiving overtime grievance funds to which they were entitled. The Indictment also alleges that the defendant often made false and misleading statements to convince letter carriers to participate in his scheme; for example, the defendant frequently told letter carriers that he would use the kick-backed funds to assist other letter carriers who were out of work.
According to the Indictment, Whitbeck’s covert kickback scheme lasted more than a decade and was uncovered only when a concerned letter carrier raised the issue at a union Executive Board meeting in March 2018.
“Union representatives are supposed to act in the best interest of the union members, not manipulate them into participating in fraud,” said Acting U.S. Attorney Williams. “Here, Whitbeck held a position of trust and owed a fiduciary duty of honesty and loyalty to all letter carriers in the Allentown Post Office in connection with the equitable distribution of overtime grievance settlements. The defendant allegedly abused that trust and violated his obligation to union and non-union letter carriers alike.”
“The vast majority of the Postal Service's 630,000 employees are hard-working, trustworthy individuals who work around the clock to deliver the nation’s mail,” said Kenneth Cleevely, Executive Special Agent in Charge for the Eastern Area Field Office, United States Postal Service, Office of Inspector General. “However, when one of those individuals chooses to violate that trust, and the trust of their fellow employees, special agents with the U.S. Postal Service Office of Inspector General (USPS OIG) will vigorously investigate serious allegations, and seek the individual's prosecution and termination if appropriate. To report crimes committed by Postal Service employees, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”
“An important mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of corruption and fraud related to labor unions,” said Jonathan Mellone, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “We will continue to work with our law enforcement partners to investigate these types of allegations”
“Joseph Whitbeck failed in his fiduciary duties and betrayed the trust of the members of Letter Carriers Branch 274 and the union itself by using his union position to enrich himself. The U.S. Department of Labor’s Office of Labor-Management Standards is committed to seeking justice on behalf of the labor unions and their membership when anyone puts personal financial gain ahead of the best interests of their fellow union members. We will continue to work with our investigative partners to ensure that those who are affiliated with labor organizations adhere to the highest standards of conduct,” said OLMS Northeastern Regional Director Andriana Vamvakas.
If convicted, the defendant faces a maximum possible sentence of 400 years imprisonment, a $5,000,000 fine, three years supervised release, and a $2,000 special assessment.
The case was investigated by the U.S. Postal Service – Office of Inspector General, the U.S. Department of Labor – Office of Inspector General, and the U.S. Department of Labor – Office of Labor-Management Standards, and is being prosecuted by Assistant United States Attorney Patrick J. Murray.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Corporate Executive Charged in Connection with $30 Million Embezzlement SchemeRead the Press Release
BOSTON – The former Chief Financial Officer of Alden Shoe Co. was charged today and has agreed to plead guilty in connection with embezzling approximately $30 million from the company as part of a long-running scheme.
Richard Hajjar, 64, of Duxbury, has agreed to plead guilty to wire fraud, unlawful monetary transactions and filing a false tax return. A plea hearing has not yet been scheduled by the court.
According to the charging document, from at least 2011 through October 2019, when he was terminated by Alden Shoe Co., Hajjar embezzled money by writing checks to himself from company bank accounts and transferring funds from company accounts to his personal accounts and to another individual. In total, Hajjar embezzled approximately $30 million which he used to enrich himself and to buy gifts and luxury travel for others close to him, including private flights to the Caribbean and diamond jewelry.
In addition, between approximately 2014 and 2019, Hajjar failed to report the proceeds of his embezzlement as income on his tax returns, thereby failing to pay approximately $5,112,822 in taxes to the Internal Revenue Service.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine or twice the gross gain/loss, whichever is greater. The charge of unlawful monetary transaction provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000, or twice the value of the criminally derived property. The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations made the announcement today. Assistant U.S. Attorneys Mackenzie A. Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit and Carol E. Head of Mendell’s Asset Forfeiture Unit are prosecuting the case.
Foreign National from Trinidad Previously Convicted of Federal Felonies is Charged with Illegal Re-Entry into the United StatesRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that Allan Browne, a citizen of Trinidad, was charged with entering the United States after having been previously deported and removed from the United States. Browne made his initial appearance before the United States Magistrate Judge Ruth Miller on Friday, April 9, 2021. His detention and preliminary examination hearings were held on Tuesday, April 13, 2021.
According to Court documents, on April 8, 2021, Browne appeared at the U.S. Customs and Border Protection (CBP) primary inspection checkpoint at the Cyril E. King Airport, St. Thomas, Virgin Islands. Browne was a ticketed passenger on American Airlines Flight #943 traveling to Miami, Florida.
During the inspection, Browne presented a Pennsylvania driver’s license bearing the name Antonio S. Brown with a date of birth. CBP officers asked Browne if he were a citizen of the United States or a legal permanent residence, to which he replied that he was a legal permanent resident. Browne claimed he had a legal permanent resident card, but it was not with him. Based on record checks conducted using Browne ‘s fingerprints, officers ascertained Browne’s true and correct name and date of birth.
According to court documents, Browne was previously convicted in the Eastern District of New York for conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, and conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. He was sentenced to 41 months imprisonment on June 28, 2013. Browne was removed from the United States following his sentence. Officers also discovered Browne was removed from the U.S. as recently as last year after re-entering the United States illegally. Officers conducted record checks and verified that Browne was not a citizen of the United States and found no information showing Browne was granted any documentation to enter or remain in the U.S.
This case is being investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Juan A. Albino.
United States Attorney Shappert reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Florida Man Sentenced to More Than Three Years in Federal Prison for Credit Card Fraud at Theme ParksRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced Fredrick Bernard Lewis (32, Ft. Lauderdale) to 37 months in federal prison for using unauthorized access devices at theme parks in Orlando.
Lewis had pleaded guilty on January 6, 2021.
According to court documents, between March 2018 and June 2020, Lewis used stolen credit card numbers belonging to 36 different victims to purchase theme park and hotel packages from Universal Orlando Resort valued at approximately $62,300. Lewis called the Universal call center or visited the Universal website to make the fraudulent purchases, each time using a different stolen credit card number. Most of the reservations were made via phone and, to avoid detection, Lewis utilized more than 20 different telephone numbers when calling in to make the reservations. After making a fraudulent purchase, Lewis and his associates would either use the ticket and hotel packages and/or have Universal convert the packages to Universal gift cards.
This case was investigated by the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Five Individuals Charged in Offering Fraud, Stock Manipulation and Money Laundering SchemesRead the Press Release
A five-count indictment was filed today in federal court in Brooklyn charging Richard Dale Sterritt, Jr., Michael Greer, Robert Magness, Mark Ross and Robyn Straza with conspiracy to commit securities fraud, wire fraud and money laundering, among other offenses. The charged crimes arise out of a series of securities fraud schemes, including an offering fraud targeted at investors and potential investors in an oil and gas company in Texas and the attempted manipulation of the publicly traded stock of a cannabis company. The defendants were arrested today. Sterritt, Greer and Straza will make their initial appearance in federal court in Dallas, Texas; Magness and Ross will make their initial appearance in Brooklyn.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrests and indictment.
“Through a web of related schemes, Sterritt and his co-defendants allegedly stole millions of dollars from investors, attempted to manipulate a publicly-traded stock and laundered the proceeds of their crimes through the purchase of luxury items like a Bentley,” stated Acting U.S. Attorney Lesko. “This Office will identify and vigorously prosecute those who take advantage of investors to enrich themselves at the expense of the integrity of our financial markets.” Mr. Lesko thanked the U.S. Securities and Exchange Commission, New York Regional Office, for its assistance during the investigation.
“Investor confidence is essential to keeping our financial markets afloat. Actions like the ones Sterritt, Greer, Magness, Ross, and Straza are charged with today chip away at the faith investors place in the process and have the potential to create far-reaching consequences. Our office is committed to tackling these types of financial crimes and bringing their perpetrators to justice,” stated FBI Assistant Director-in-Charge Sweeney.
According to the indictment, between March 2018 and January 2021, Sterritt, Greer, Magness and Ross engaged in a series of related fraudulent schemes. The schemes included an offering fraud in the securities of Zona Energy (the “Zona Energy Offering Fraud”) and a scheme to manipulate the price and trading volume of publicly traded shares of stock in OrgHarvest, Inc., which traded under the stock ticker “ORGH” (the “ORGH Market Manipulation,” and, together with the Zona Energy Offering Fraud, the “Fraudulent Schemes”). In addition, all of the defendants, including Straza, laundered the proceeds of the Fraudulent Schemes by facilitating financial transactions to conceal and promote the Fraudulent Schemes.
As part of the Zona Energy Offering Fraud, the defendants misappropriated more than $10 million of investor funds through the sale of shares in Zona Energy, an oil and gas exploration production company based in the Permian basin of West Texas. Sterritt elicited investors in Zona Energy using the alias “Richard Richman.” Sterritt and his co-conspirators made material misrepresentations about Zona Energy’s business, management and the use of proceeds from the share offering. Of the more than $16 million raised from Zona Energy investors in the offering, Sterritt and his co-conspirators, including Ross, Straza and Greer, misappropriated more than $10 million, including to purchase luxury items, pay personal expenses or funnel funds into other businesses Sterritt controlled, including a cannabis company.
With regard to the ORGH Market Manipulation scheme, Sterritt, Magness and Ross engaged in matched trading to artificially prop up the price of ORGH shares as a part of a scheme to raise revenue and hide the misappropriation from and true financial condition of Zona Energy. They coordinated those ORGH trades with an undercover law enforcement agent (the “Undercover Agent”) posing as a corrupt stock promoter, who they believed controlled a team of corrupt brokers who would buy the artificially inflated ORGH stock in their customers’ accounts. Sterritt, who secretly controlled the majority of ORGH shares through trusts in the name of his girlfriends, family members and co-conspirators, agreed with the Undercover Agent to place matched trades at specific prices, volumes and times to inflate the price of ORGH stock
To facilitate the misappropriation of funds from Zona Energy, Sterritt, Greer, Ross and Straza laundered investor money from the sale of Zona Energy shares between bank accounts controlled by Sterritt, Greer and Straza. In some cases, investor funds were wired between bank accounts for multiple different entities in the name of Greer and/or Straza, or their entities, before those funds were used to pay personal expenses; to purchase luxury goods, including plastic surgery; or provided in cash to Sterritt’s family, friends, girlfriends and to co-conspirators.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of securities fraud or money laundering, they face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys David C. Pitluck and Michael P. Robotti are in charge of the prosecution, with assistance on forfeiture matters from Assistant United States Attorney Laura D. Mantell of the Office’s Asset Forfeiture Section.
The Defendants:
RICHARD DALE STERRITT, JR., (also known as “Richard Richman”)
Age: 64
Garland, TexasMICHAEL GREER
Age: 45
Dallas, TexasROBERT MAGNESS
Age: 51
New York, New YorkMARK ROSS
Age: 53
Parkland, FloridaROBYN STRAZA
Age: 58
Dallas, TexasE.D.N.Y. Docket No. 21-CR-193 (KAM)
Felon Sentenced to Nearly Five Years in Prison for Possession of a Gun during Walmart DisturbanceRead the Press Release
PEORIA, Ill. – Senior U.S. District Judge Joe Billy McDade today sentenced Tariq C. Lawson, 22, to 57 months (4 years, 9 months) in federal prison for illegal possession of a firearm by a felon.
At today’s hearing, immediately prior to sentencing, Lawson, of the 2400 block of Flora St., formally entered a plea of guilty as charged to the indictment. According to court documents and statements made in court, police responded to a disturbance on June 30, 2020, at the Walmart at 8915 N. Allen Rd., Peoria. A Peoria police officer observed the disturbance on Facebook in a live stream on Lawson’s account where Lawson appeared to have a handgun in his waistband while riding a motorized scooter in the store. The officer observed a juvenile who also had a gun, with Lawson.
When officers arrived at the store, they saw Lawson get into a vehicle. The vehicle’s owner consented to a search and officers found two handguns on top of groceries directly behind the area where Lawson was seated. At the time, Lawson had previously been convicted of a felony, and was on probation in Peoria County, and could not legally possess a gun.
Lawson has remained in the custody of the U.S. Marshals Service since his arrest on a federal criminal complaint on Aug. 27, 2020.
Assistant U.S. Attorney Ronald L. Hanna represented the government in the prosecution. The charges were investigated by the Peoria Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Essex County Man Admits Conspiring to Defraud Banks of over $250,000 Using Stolen Credit Cards and Blank ChecksRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted conspiring to defraud two banks of more than $250,000 using stolen credit cards and blank checks, Acting U.S. Attorney Rachael A. Honig announced.
Allen Varice, 24, of East Orange, New Jersey, pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
From August 2018 through August 2019, Varice and others engaged in a scheme to use stolen credit cards and checks to fraudulently make purchases and withdraw money from two banks, leaving the banks to bear the losses.
The credit cards were stolen from facilities used by the U.S. Postal Service in Pine Brook and Warren, New Jersey. Because the cards were stolen, they never reached the intended cardholders. After obtaining the stolen cards, Varice and his conspirators used them to make unauthorized purchases at various retail stores and to withdraw cash from automated teller machines (ATMs) in New Jersey and elsewhere.
The blank checks were also stolen from various New Jersey-based postal facilities and never reached their intended recipients. Varice and his conspirators altered the date, payee, and amount of the stolen checks prior to deposit. He and his conspirators would then fraudulently withdraw money at various ATMs from the account holders’ accounts.
Three of Varice’s conspirators – his brother, Alexander Varice, Nasheed Jackson, and Dashawn Duncan – pleaded guilty last month to identical charges and are scheduled to be sentenced in July 2021.
The charge of conspiracy to commit bank fraud carries a maximum penalty of 30 years in prison and a maximum fine of $1 million. Sentencing is scheduled for August 18, 2021.
Acting U.S. Attorney Honig credited inspectors of the U.S. Postal Inspection Service, in Newark, under the direction of Acting Inspector in Charge Rodney M. Hopkins, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Blake Coppotelli of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense counsel: Kathleen Theurer Esq., Jersey City, New Jersey
East Haven Man Sentenced to 5 Years in Federal Prison for Drug Distribution and Gun Possession OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JESUS MANUEL VALLE, also known as “LoLo,” 24, of East Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 60 months of imprisonment, followed by four years of supervised release, for narcotics distribution and firearm possession offenses.
According to court documents and statements made in court, law enforcement identified Valle’s residence on Charter Oak Avenue in East Haven as a hub of narcotics distribution activity. On February 5, 2020, investigators searched the residence and seized approximately 17 grams of heroin packaged for distribution, 35 grams of loose heroin, 17 grams of packaged cocaine, nine grams of packaged crack cocaine, items used to process and package narcotics for street sale, and a loaded Ruger .44 magnum handgun.
On September 2, 2020, Valle pleaded guilty to one count of possession with intent to distribute heroin, cocaine and cocaine base (“crack”), and one count of possession of a firearm in furtherance of a drug trafficking crime.
Valle who is released on a $250,000 bond, is required to report to prison on June 25, 2021.
This matter was investigated by the DEA Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, the FBI Bridgeport Safe Streets Task Force and the East Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Joseph Vizcarrondo.
Ethete Woman Charged with Involuntary Manslaughter in Drinking and Driving CrashRead the Press Release
Acting United States Attorney Bob Murray announced today that BURDETTE LYNN MESTETH, a.k.a. Burdette Lynn Seminole, 32, of Ethete, Wyoming, was indicted by a federal grand jury on March 25, 2021, for involuntary manslaughter. The Indictment alleges that on September 13, 2020, in the District of Wyoming and within the Wind River Reservation, Mesteth showed a reckless disregard for human life when she drove a motor vehicle, under the influence of alcohol, resulting in the death of a passenger.
She appeared on April 13, 2021 before United States Magistrate Judge Teresa McKee and pleaded not guilty to the Indictment. A jury trial is set for June 14, 2021, in Casper before Federal District Court Chief Judge Scott Skavdahl. The maximum penalty upon conviction is up to 8 years in prison, a $250,000 fine, and 3 years of supervised release. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant United States Attorney Timothy W. Gist is prosecuting the case.
The charge against Mesteth is merely an accusation, and she is presumed innocent until proven guilty.
Department of Justice Closes Investigation into the Death of Ashli BabbittRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia and the Civil Rights Division of the U.S. Department of Justice will not pursue criminal charges against the U.S. Capitol Police officer involved in the fatal shooting of 35-year-old Ashli Babbitt, the Office announced today.
The U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division, with the Metropolitan Police Department’s Internal Affairs Division (IAD), conducted a thorough investigation of Ms. Babbitt’s shooting. Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy. Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.
The investigation determined that, on January 6, 2021, Ms. Babbitt joined a crowd of people that gathered on the U.S. Capitol grounds to protest the results of the 2020 presidential election. Inside the Capitol building, a Joint Session of Congress, convened to certify the results of the Electoral College vote, was underway. Members of the crowd outside the building, which was closed to the public during the Joint Session, eventually forced their way into the Capitol building and past U.S. Capitol Police (USCP) officers attempting to maintain order. The Joint Session was stopped, and the USCP began evacuating members of Congress.
The investigation further determined that Ms. Babbitt was among a mob of people that entered the Capitol building and gained access to a hallway outside “Speaker’s Lobby,” which leads to the Chamber of the U.S. House of Representatives. At the time, the USCP was evacuating Members from the Chamber, which the mob was trying to enter from multiple doorways. USCP officers used furniture to barricade a set of glass doors separating the hallway and Speaker’s Lobby to try and stop the mob from entering the Speaker’s Lobby and the Chamber, and three officers positioned themselves between the doors and the mob. Members of the mob attempted to break through the doors by striking them and breaking the glass with their hands, flagpoles, helmets, and other objects. Eventually, the three USCP officers positioned outside the doors were forced to evacuate. As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out. An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor. A USCP emergency response team, which had begun making its way into the hallway to try and subdue the mob, administered aid to Ms. Babbitt, who was transported to Washington Hospital Center, where she succumbed to her injuries.
The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute. In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure. Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully,” which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law. As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required under Section 242.
The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.
Customs and Border Protection Officer Charged with Using Unreasonable Force at Calexico Port of EntryRead the Press Release
Assistant U. S. Attorney Christopher P. Tenorio (619) 546-8413
NEWS RELEASE SUMMARY – April 14, 2021
SAN DIEGO – U.S. Customs and Border Protection Officer Marcos Valenzuela is charged in an indictment unsealed today with using unreasonable force on an individual who had applied for admission to the United States from Mexico.
According to the indictment, Valenzuela encountered the individual, identified only as “J.L.,” on August 16, 2019, while Valenzuela was on duty at the Calexico West Port of Entry. During the course of the inspection, Valenzuela allegedly deprived the individual of the Constitutional right not to be subjected to unreasonable force. The indictment also alleges that Valenzuela’s actions resulted in bodily injury to the person seeking admission into the U.S.
“The protection of the civil rights of all persons entering the United States remains a high priority of the Justice Department, and our office in particular,” said Acting U.S. Attorney Grossman. “All allegations of excessive force by law enforcement officers are investigated thoroughly and carefully reviewed to ensure public confidence in our commitment to redressing violations of Constitutional rights.” Grossman praised prosecutor Chris Tenorio and agents from the FBI and U.S. Customs and Border Protection, Office of Professional Responsibility for their excellent work on this case.
“No one is above the law and this indictment should assure the public that the FBI is committed to rooting out any public servant who violates their oath – regardless of where they work,” said FBI Special Agent in Charge Suzanne Turner. “Actions such as the ones alleged in this case violate an officer’s oath, the public's trust, and damage law enforcement's reputation. I want to thank Customs and Border Protection’s Office of Professional Responsibility for their collaboration and partnership in bringing this case to fruition.”
Customs and Border Protection (CBP), Office of Professional Responsibility (OPR) Special Agent in Charge Elizabeth Cervantes stated, “All CBP employees are required and expected to abide by all laws they enforce. CBP stresses professionalism, honor, and integrity in every aspect of its mission and CBP OPR is fully committed to investigating all allegations of misconduct while supporting the men and women who proudly uphold their duties to serve and protect.”
The defendant was arraigned on the Indictment before U.S. Magistrate Judge Ruth Bermudez Montenegro. He is scheduled to appear before U.S. District Court Judge Janis L. Sammartino on May 21, 2021 at 1:30 p.m., for a motion hearing. This case is being prosecuted by Assistant U. S. Attorney Christopher P. Tenorio.
DEFENDANT Case Number 21cr1056-JLS
Marcos Valenzuela Age: 29 El Centro, CA
SUMMARY OF CHARGES
Deprivation of Rights under Color of Law – Title 18, U.S.C., Section 242
Maximum penalty: Ten years of imprisonment and $250,000 fine
AGENCIES
U.S. Customs and Border Protection, Office of Professional Responsibility
Federal Bureau of Investigation
Covina Man Sentenced to 18 Months in Prison for CyberstalkingRead the Press Release
LOS ANGELES – A San Gabriel Valley man was sentenced today to 18 months in federal prison for sending hundreds of messages over several years to two victims, including a teenage girl, demanding they engage in sex acts with him and threatening to physically harm or kill them if they refused.
Carl De Vera Bennington, 34, of Covina, was sentenced by United States District Judge Dolly M. Gee, who described Bennington’s messages to his victims as “repeated, cruel” and “sadistic.” Bennington pleaded guilty in December 2020 to two counts of cyberstalking.
Bennington repeatedly sent one victim unsolicited online messages over a period of several years. When she blocked him from contacting her from one of her online accounts, Bennington created new online accounts and then continued sending her messages, including graphic messages between June and November 2019 in which he insulted the victim, demanded she engage in sex acts with him, and threatened to sexually assault her. When the victim demanded that Bennington stop harassing her, he threatened to kill her and her family.
Bennington also harassed another victim, who deactivated her social media accounts in 2017 after he solicited her to engage in a sexual relationship with him. In August 2019, after she reactivated her social media accounts, Bennington sent her numerous online messages threatening to kill her unless she responded to his demands for sex acts.
Neither victim ever met Bennington in person. Bennington frequently promoted incel (involuntarily celibate) ideology, which involves individuals who are unable to find a willing sex partner, according to a sentencing memo filed by prosecutors, which notes the ideology ranges in tone from expressing sadness and self-loathing to advocating the “absolute hatred” of women.
While Bennington suffers from mental health issues – which prompted prosecutors to seek enhanced supervision and mental health treatment following his release – a prison sentence was warranted because of his long pattern of cyberstalking activity and “his deep-seated and violent ideology regarding women,” according to the sentencing memo.
The FBI’s Joint Terrorism Task Force investigated this matter.
Assistant United States Attorney David T. Ryan of the Terrorism and Export Crimes Section prosecuted this matter.
Columbus men sentenced to more than 100 years for their roles in a drug distribution operation that spanned three statesRead the Press Release
WHEELING, WEST VIRGINIA –Rodriquies M. Evans and Cedric L. Douglas, both of Columbus, Ohio, were sentenced to a combined 104 years in prison today for their roles in a methamphetamine distribution operation that spanned multiple states, Acting United States Attorney Randolph J. Bernard announced.
Evans, also known as “Dree”, age 30, was sentenced today to 960 months of incarceration. Douglas, age 32, was sentenced today to 296 months of incarceration. In October 2020, a jury found Evans and Douglas each guilty of one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Controlled Substances,” two counts of “Distribution of Methamphetamine,” and one count of “Possession with Intent to Distribute Methamphetamine.” The crimes took place in Wetzel County and elsewhere, including the Southern District of West Virginia, Ohio, and Georgia from July 2015 to April 2018.
“Methamphetamine, particularly crystal methamphetamine, has become a tremendous challenge for the Northern District of West Virginia and the entire Nation. It destroys lives and communities. The sentences handed down today should send a clear message to those who want to sell drugs in the Mountain State. If you bring illegal substances to West Virginia and prey on our neighbors, you will face substantial federal time,” said Bernard.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the cases on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol; Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio Police Department Gang Crimes Unit assisted in the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
U.S. District Judge John Preston Bailey presided.
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Jalen Chapman, 28, of Charleston, pleaded guilty today to being a felon in possession of a firearm. Chapman was charged in a Superseding Indictment returned by a federal grand jury in December 2019.
According to the plea agreement and statements made in court, on or about September 29, 2018, officers with the Charleston Police Department arrested Chapman on outstanding warrants at a residence on Barber Drive in Charleston. Officers later searched the residence and seized two firearms, a .45 caliber Sig Sauer 1911 pistol and a .38 Special Taurus revolver, that Chapman admitted belonged to him. Chapman further admitted that he knew he was prohibited from possessing the firearms because he was previously convicted of a felony drug trafficking offense in Kanawha County Circuit Court.
Chapman faces up to 10 years in prison when sentenced on July 12, 2021.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00058.
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