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Friday 20 November 2020
Two Individuals Charged in Connection with Armed RobberiesRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced the unsealing of an Indictment charging VICTOR RIVERA, 29, and MICHOLS PENA, 38, with conspiracy to commit robbery, robbery, and firearms offenses. RIVERA and PENA were arrested on this morning. PENA was arrested in Queens and will be presented early next week before United States Magistrate Judge Gabriel W. Gorenstein. RIVERA was arrested in Miami and will be presented early next week before United States Magistrate Judge Edwin Torres in the Southern District of Florida. This case is assigned to United States District Judge Alvin Hellerstein.
Acting U.S. Attorney Audrey Strauss said: “As alleged in the Indictment, the defendants are charged in connection with a violent robbery conspiracy. In one of the robberies a victim was shot. Thanks to the outstanding work of the Special Agents of our office and cooperation across multiple law enforcement agencies, the defendants now face federal charges for their crimes. We especially want to thank the Bergen County Prosecutor’s Office for its assistance in this matter.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
From at least in or about June 2020 up to and including November 2020, VICTOR RIVERA, MICHOLS PENA, and others known and unknown, agreed to commit robberies in which the objects of the robberies were Richard Mille watches worth hundreds of thousands of dollars, and the watches were owned by businesses transacting in interstate commerce. RIVERA participated in an armed robbery on June 11, 2020, in which the victim was shot. RIVERA also participated in an armed robbery on August 2, 2020.
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RIVERA and PENA are charged with conspiring to commit Hobbs Act robbery; this count carries a statutory maximum sentence of twenty years in prison. RIVERA is further charged with two counts of Hobbs Act robbery, each of which carries a statutory maximum sentence of twenty years in prison; aiding and abetting the use, carrying, and possession of a firearm, which firearm was brandished and discharged in furtherance of a crime of violence, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of ten years in prison, which must run consecutively to any other sentence imposed; and using, carrying, and possessing a firearm in furtherance of a crime of violence, which firearm was brandished, which carries a statutory maximum sentence of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other sentence imposed.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the New York City Police Department, the Bergen County Prosecutor’s Office, the Englewood Cliffs Police Department, the Weehawken Police Department, and the Nassau County Police Department.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Mathew Andrews is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, the description of the Indictment, and the statements made in related court filings and proceedings set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Honduran Men Sentenced for Illegally Re-Entering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Yojamis Lozano-Amaya, 42, and Hovet Ewersont Paz-Sagastume, 34, both of Honduras, pleaded guilty before Senior U.S. District Judge William M. Skretny to re-entry of a removed alien. Judge Skretny then sentenced each defendant to time served (approximately two months).
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the cases, stated that both defendants were found in Tonawanda on September 14, 2020, by Border Patrol Officers. Defendant Lozano-Amaya was previously deported from the United States in 2004 after being convicted of an aggravated felony. In 2013, defendant Paz-Sagastume was previously deported from the United States. Neither defendant had permission to re-enter the United States nor legal status in this country.
The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan.
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Twelve Lincoln Gang Members Indicted in Violent Crime and Firearms ConspiracyRead the Press Release
United States Attorney Joe Kelly announced federal criminal charges against 12 members of the No Name Demons Gang in Lincoln, Nebraska. The charges allege a firearms conspiracy; conspiracy to interfere with commerce by robbery (Hobbs Act); drug trafficking crimes; and multiple charges of possessing firearms in furtherance of crimes of violence and drug trafficking crimes. Some of the charged defendants, if convicted, face up to life in federal prison. Other defendants face up to 60 years in federal prison if convicted of their charges. The indictment was unsealed today and appearances by the defendants are scheduled to begin Monday, November 23, 2020, before United States Magistrate Judge Cheryl R. Zwart in Lincoln.
The indictment alleges, as part of the firearms conspiracy, the defendants stole firearms, to include a .45 caliber Smith and Wesson Tactical Handgun that was used in a homicide earlier this year, and purchased weapons illegally in order to arm juvenile members of the gang. The defendants are alleged to have used the firearms not only to further their drug trafficking but also to commit robberies of individuals in Lincoln.
The defendants are:
Jupree Y. Hill, age 25
Krysean Reynolds, age 19
Rice A. Hill, aka “Shay”, age 18
David L. Atem, age 20
Lorenzo Anderson, aka “Peace”, age 27
Kyce James Davis, age 18
Orion J. Ross, age 19
Yuko Joseph Gusko, age 18
Tang Lian, age 19
Isaiah James Dorsey, age 19
Bryan Castillo, age 18
Kalam K. Yiel, age 20
Special Agents with the Federal Bureau of Investigation, alongside officers and investigators of the Lincoln Police Department, deputies from the United States Marshals Service, and deputies and investigators with the Lancaster County Sheriff’s Office, executed a series of search warrants in connection with these charges earlier today and worked together to take these defendants into custody quickly and safely. All are in custody without incident. The charges announced today are a direct result of the hard work, successful cooperation, and seamless coordination amongst all of these state and federal law enforcement partners.
U.S. Attorney Kelly praised the efforts of the Lincoln Police Department, the Lancaster County Attorney’s Office, the Federal Bureau of Investigation, and other agencies for coming together on this investigation and prosecution. Kelly added, “Federal statutes provide effective tools to combat violent crimes involving firearms and the cooperation of all levels of law enforcement, as here, will keep our communities safe.”
After today’s arrests, FBI Omaha Special Agent in Charge Eugene Kowel said, “Protecting the public from violent criminals is a fundamental core of the FBI's mission. Today a violent gang has been dismantled. Working closely with our federal, state, and local law enforcement partners, the Lincoln Safe Streets Gang Task Force has struck a major blow against violent gang activity in the Lincoln area. We will continue to investigate, arrest, and charge violent gang members who terrorize our community. Our Safe Streets Task Force is committed to creating a higher quality of life for all residents in Lincoln by eliminating the threat of gang violence.”
Lincoln Chief of Police Jeffrey Bliemeister stated, “The collaborative efforts of federal and local law enforcement agencies combined with the support of the citizens of Lincoln are critical to impacting violent crime. We appreciate the focused work by so many talented and driven staff leading to the arrests.”
An Indictment is simply an accusation. Defendants are presumed innocent until evidence proves their guilt beyond a reasonable doubt.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
This case was primarily investigated by the Federal Bureau of Investigation and the Lincoln Police Department with operational assistance from the Lancaster County Sheriff’s Office and the United States Marshals Service.
Tampa Bay Area Medical Biller Indicted on Health Care Fraud and Aggravated Identity Theft ChargesRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Joshua Maywalt (40, Tampa) with 4 counts of health care fraud and 4 counts of aggravated identity theft. Maywalt faces a maximum penalty of 10 years in federal prison for each of the health care fraud counts, and up to 2 years’ imprisonment for the aggravated identity count. The indictment also notifies Maywalt that the United States intends to forfeit $2.2 million dollars and real property located at 5346 Northdale Boulevard, Tampa, Florida, alleged to be traceable to proceeds of the offense.
According to the indictment, Maywalt was a medical biller at a local company that provided credentialing and medical billing services for its medical provider clients. In that capacity, Maywalt was able to access and utilize the company’s financial, medical provider, and patient information. Maywalt was assigned to a Tampa Bay-area physician’s account (“Physician #1”) and was responsible for submitting claims to Florida Medicaid HMOs for services rendered by Physician #1 to Medicaid recipients.
The indictment alleges that Maywalt abused his role as a medical biller by wrongfully accessing and utilizing the company’s patient information and Physician #1’s name and identification number to submit false and fraudulent claims to a Florida Medicaid HMO for the medical services purportedly rendered by Physician #1, which were not actually rendered. Maywalt also altered the “pay to” information associated with the Florida Medicaid HMOs’ payment processor so that the payments for the non-rendered medical services were sent to bank accounts under Maywalt’s control.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation, the Florida Medicaid Fraud Control Unit – Office of the Florida Attorney General, and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorneys Maria Guzman and Suzanne Nebesky.
Suspected gang member charged in meth conspiracyRead the Press Release
HOUSTON – A 28-year-old Mexican citizen who illegally resided in Houston is set to appear in federal court on charges of conspiracy and possession with intent to distribute meth, announced U.S. Attorney Ryan K. Patrick.
Eduardo Leon-Mata is a suspected member of the Cartel Jalisco Nueva Generación. Today, he is set for an arraignment and detention hearing at 3 p.m. before U.S. Magistrate Andrew M. Edison.
On. Nov. 13, authorities executed a search warrant at Boyd Street in Houston, according to the charges. Upon their arrival, Leon-Mata allegedly attempted to flee through a bedroom window and hide in a nearby backyard. They arrested him shortly thereafter.
The residence was allegedly operating as a clandestine drug laboratory for converting meth from liquid to crystalized form. The charges allege law enforcement seized loose material and packages totaling 86 kilograms – 54 and 32 kilograms, respectively, of a crystal-like substance and meth in liquid form.
The complaint alleges Leon-Mata had been smuggled into the United States approximately two weeks prior for the purpose of converting the meth.
If convicted, he faces a minimum of 10 years and up to life in federal prison as well as a possible $10 million maximum fine.
Immigrations and Customs Enforcement’s Homeland Security Investigations and Drug Enforcement Administration conducted the investigation with the assistance of the Harris County Sheriff’s Office as part of the Organized Crime and Drug Enforcement Task Force (OCDETF).
Assistant U.S. Attorney Eric D. Smith is prosecuting the case.
OCDETF provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs and transnational criminal organizations.
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 HERE.
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
St. Thomas Man Apprehended in Red Hook Shopping Center Parking Lot with a 9mm Handgun and Ammunition Sentenced to Federal PrisonRead the Press Release
St. Thomas, USVI – The United States Attorney Gretchen C.F. Shappert announced today that Jabari Hodge, 30, of St. Thomas, was sentenced to 71 months in prison for being a felon in possession of a firearm followed by a three year term of supervised release.
According to court documents, on October 6, 2019 at approximately 1:10 a.m., VIPD officers approached the defendant, who was sitting in the driver’s seat of his parked vehicle, with the driver’s side door open, in the parking lot of a shopping center in the Red Hook area. Upon approaching, one of the officers noticed the smell of marijuana coming from the vehicle. The officer saw what appeared to be a marijuana on the floorboard near the defendant’s feet. Another VIPD officer noticed a partially-opened bag with what appeared to be a jar containing marijuana inside. The officers informed the defendant that they were going to search the vehicle, at which point the defendant stated, “Just take the weed and let me go.” The officers proceeded to search the vehicle and located a fully loaded, silver and black 9mm Kel tec handgun with one round in the chamber and seven rounds in the magazine.
Prior to his October 6, 2019 apprehension, the defendant had been convicted of a crime punishable by imprisonment for a term exceeding one year and was not authorized to possess a firearm under federal law.
This case was investigated by the Virgin Islands Police Department in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by Assistant United States Attorney Juan A. Albino.
St. Croix Man Pleads Guilty to Firearm and Carjacking OffensesRead the Press Release
St. Croix, USVI – Chriss Cepeda, 24, of St. Croix, pled guilty on November 20, 2020, in District Court to one count of Using a Firearm During a Violent Crime, and one count of Carjacking, United States Attorney Gretchen C.F. Shappert announced.
The firearm offense carries a mandatory minimum of 7 years imprisonment, a maximum fine of up to $250,000, and a term of supervised release up to 5 years. The carjacking offense carries a prison sentence of up to 15 years, a maximum fine of up to $250,000, and a term of supervised release up to 5 years. Sentencing is set for March 24, 2021.
According to court documents, in the early morning hours of September 10, 2017, the defendant, along with two co-defendants, broke into the home of Stephen O’Dea and Kathryn Duncan, while brandishing a firearm. The defendants physically assaulted Mr. O’Dea and threatened to kill the couple while demanding money. The defendants forced the couple at gunpoint into the rear seat of Mr. O’Dea’s Toyota Tacoma pick-up truck and drove to the location where Mr. O’Dea had left his wallet. After obtaining the wallet, the defendants fled in the pick-up truck and Mr. O’Dea’s Jeep Wrangler. In addition to the vehicles, defendants stole $200 in currency, two iPhones valued at $600 each, and an iPad valued at $200.
The Virgin Islands Police Department and the Federal Bureau of Investigations investigated the case. The case was prosecuted by Assistant U.S. Attorney Daniel H. Huston.
South Florida Man Pleads Guilty in Credit Card Fraud SchemeRead the Press Release
Jacksonville, Florida – Henry William Carabeo Boned (28, Miami) has pleaded guilty to conspiracy to commit wire fraud. Boned faces a maximum penalty of 20 years in federal prison and payment of restitution to victims of his crime. A sentencing date has not yet been set.
According to the plea agreement, in the early part of 2019, Boned and his co-defendants, Duani Garcia and Raiquel Monteagudo Torres used credit or debit cards re-encoded with stolen account numbers to purchase, among other things, phone cards and gift cards at Walmarts throughout the Clay County, Florida area. In February 2019, deputies with the Clay County Sheriff’s Office (CCSO) detained Boned and Torres at the self-checkout area of a Walmart while both individuals were in the process of attempting to complete a fraudulent transaction. Deputies detained Garcia as he walked out of the store. During a search of the three individuals, deputies located 40 gift and credit cards that had been re-encoded with stolen credit card information. Further investigation resulted in the seizure of computer media associated with the three individuals. A forensic examination of the computer media located an additional 253 stolen credit card account numbers.
On March 16, 2020, United States District Judge Brian J. Davis sentenced Garcia, to 12 months and 1 day in federal prison and payment of restitution to the victims. Co-defendant, Torres is a fugitive from law enforcement.
This case was investigated by United States Secret Service - Jacksonville Field Office and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Somerton Man Sentenced to Prison for Transferring Obscene Material to a MinorRead the Press Release
PHOENIX, Ariz. – On Wednesday, Miles Spencer Coyote, 26, of Somerton, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to 42 months in prison, followed by three years of supervised release. Coyote previously pleaded guilty to transfer of obscene material to a minor.
Between February 11, 2019 and March 28, 2019, Coyote used his Facebook account to transfer obscene material to the minor victim. The National Center for Missing and Exploited Children (NCMEC) flagged these Facebook communications in June 2019 and referred the case for prosecution.
The Federal Bureau of Investigation and the Cocopah Tribal Police Department conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.
NCMEC is a private, non-profit 501(c)(3) corporation whose mission is to help find missing children, reduce child sexual exploitation, and prevent child victimization. NCMEC works with families, victims, private industry, law enforcement, and the public to assist with preventing child abductions, recovering missing children, and providing services to deter and combat child sexual exploitation. https://www.missingkids.org/home
CASE NUMBER: CR-19-00956-PHX-SMB
RELEASE NUMBER: 2020-106_Coyote# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Second Individual Charged with Arson of Target HeadquartersRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal criminal complaint against LEROY LEMONTE PERRY WILLIAMS, 34, charging him with attempt to commit arson. WILLIAMS made his initial appearance today before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the criminal complaint, on Wednesday, August 26, 2020, Minneapolis experienced arson, rioting, and looting, following the suicide of a suspect in a homicide, and in response to false rumors surrounding the man’s death. At approximately 11:06 p.m., City of Minneapolis and Target Headquarters surveillance video showed a man, later identified as WILLIAMS, light a cardboard box on fire and place it inside the Target Headquarters building through a shattered glass door. WILLIAMS made several attempts to reignite the cardboard box. At 11:10 p.m., WILLIAMS was seen making several additional attempts to start a fire inside of the vestibule of the building.
This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Minneapolis Fire Department, and the Minneapolis, Bloomington, and Richfield Police Departments.
This case is being prosecuted by Assistant United States Attorney Chelsea A. Walcker.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
LEROY LEMONTE PERRY WILLIAMS, 34
Charges:
- Attempt to commit arson, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
San Felipe man charged with assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Emery Garcia, 36, of San Felipe Pueblo, New Mexico, and an enrolled member of the Pueblo of San Felipe, appeared in federal court on Nov. 9 on two counts of assault with a dangerous weapon. On Nov. 12 Garcia was ordered detained pending trial.
According to a criminal complaint, on Oct. 8, Garcia allegedly attempted to enter a home through a window and attacked one of the residents, a child, with a board when the resident tried to stop him. Garcia then allegedly struck a second resident who attempted to intervene. The alleged incident occurred on San Felipe Pueblo.
A criminal complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Garcia faces a mandatory minimum of ten years and up to life in prison.
The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
Rochester Man Sentenced to Probation with Required Mental Health Treatment after Threatening Voicemail Message to U.S. CongressmanRead the Press Release
SPRINGFIELD, Ill. – U.S. District Judge Sue E. Myerscough today sentenced a Rochester, Ill., man, Randall E. Tarr, to serve two years of probation with a requirement that Tarr complete mental health counseling and treatment after he pleaded guilty to leaving a voicemail message in which he threatened to shoot U.S. Congressman Rodney Davis. In addition, Tarr, 65, was ordered to pay a fine of $2,000.
The government, in consultation with the victim, and in joint agreement with defendant’s counsel, recommended to the court that Tarr serve two years of probation with the additional condition that he be required to participate in mental health counseling and treatment as directed by the U.S. Probation Office. Tarr was also ordered to have no contact with the Congressman, his office, and members of his family.
In July 2020, Tarr pleaded guilty to calling the Decatur, Ill., office of Congressman Davis in the early morning hours of Nov. 25, 2019. Tarr then left a profanity-filled voicemail message in which he threatened to shoot the congressman.
According to court documents, the voicemail message was forwarded to U.S. Capitol Police, in Washington, D.C. Through caller ID, police identified Tarr as the alleged caller and U.S. Capitol Police contacted the Rochester Police Department to ask officers to contact Tarr. Rochester police officers made initial contact with Tarr on Nov. 25, at his residence, and FBI special agents subsequently interviewed Tarr.
Assistant U.S. Attorney Tanner K. Jacobs represented the government at today’s hearing. The U.S. Capitol Police, the FBI, and the Rochester Police Department conducted the investigation.
Richmond Man Sentenced for Distributing Heroin and FentanylRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to 30 months in prison for distributing a controlled substance containing heroin and fentanyl.
According to court documents, Tavarus Jermaine Williams, 40, was arrested on March 19 as part of a law enforcement focus on high violent crime areas of Richmond. In December 2019, law enforcement conducted two controlled purchases of narcotics from Williams. Lab testing confirmed that the substance purchased from Williams on both occasions was heroin mixed with fentanyl. During a search warrant executed on Williams’ residence, officers recovered a loaded Glock pistol with an extended magazine and 30 rounds of 9mm ammunition.
In the days following his arrest, Williams used another inmate’s PIN to place phone calls to his girlfriend. In these calls, Williams solicited his girlfriend to find information for the person he believed tipped off law enforcement to his drug activity, and concluded that someone needed to pay this person a visit. ATF agents promptly conducted an investigation to follow up on these phone calls.
At sentencing, Williams received enhancements under the sentencing guidelines for possessing a dangerous weapon for the firearm recovered during the search warrant and obstruction of justice for the phone calls.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and William C. Smith, Chief of Richmond Police, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne.
Assistant U.S. Attorney Janet Jin Ah Lee prosecuted 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. 3:20-cr-57.
Repeat Bank Robber Sentenced for Committing Bank Robberies in Depew, Gates, and PenfieldRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Ferrone, 29, of Utica, NY, who was convicted of three counts of bank robbery, was sentenced to serve 76 months in prison by U.S. District David G. Larimer.
Assistant U.S. Attorney Sean Eldridge, who handled the case, stated that the defendant committed three bank robberies: on August 20, 2019, Ferrone robbed the Bank of America, located at 5091 Broadway in Depew, NY; on October 31, 2019, Ferrone robbed the Chase Bank, located at 6 Spencerport Road in Gates, NY; and on December 17, 2019, Ferrone robbed the M&T Bank, located at 625 Panorama Trail in Penfield, NY. During each of the robberies, the defendant wore a high-quality latex mask and handed the tellers notes demanding money.
On January 13, 2020, a New York State Trooper conducted a traffic stop of a vehicle Ferrone was driving on the New York State Thruway. The vehicle did not have license plates displayed, nor did it display a valid inspection sticker. Troopers conducted a search of the vehicle and recovered controlled substances, as well as several high quality latex masks, including one that appears to have been used in the Bank of America robbery in Depew, and another mask that appears to have been used in both the Chase Bank and M&T Bank robberies in Gates and Penfield. Also recovered from the vehicle were numerous items of clothing matching the clothing worn during the three charged robberies, along with two handwritten notes that read “I Have Gun Large Bills” and “I Have Gun All Large Bills.”
Previously, in May 2013, Ferrone was convicted in U.S. District Court in the Northern District of New York on eight counts of federal bank robbery and sentenced to serve 36 months in prison.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Major Crimes Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the East Rochester Police Department, under the direction of Chief Steve Clancy; the Depew Police Department, under the direction of Chief Jerome Miller; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
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Postal Worker Charged with Stealing MailRead the Press Release
BOSTON – A U.S. Postal employee was arrested today and charged in connection with stealing mail on at least 21 occasions.
Angela Gomez, 40, of Lynn, was charged in a criminal complaint with theft of mail by an employee. Gomez made an initial appearance in federal court in Boston this afternoon.
According to charging documents, postal inspectors received information that customers in Lynn reported missing mail. For example, one USPS customer reported that an expected Lilly Pulitzer gift card never arrived in the mail. Further investigation revealed that USPS City Carrier Assistant Angela Gomez handled that particular customer’s route. Records indicated that the expected gift card was used in January 2020 for purchases delivered to Gomez’s then-home address and that the corresponding email address belonged to Gomez. Subsequent surveillance of Gomez during the performance of her duties revealed that she rifled through and stole mail on 21 separate occasions.
The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Matthew Modafferi, Special Agent in Charge, North East Area Field Office, United States Postal Service Office of Inspector General; and William Kalb, Special Agent in Charge of the North East Field Division, Treasury Inspector General for Tax Administration (TIGTA) made the announcement today. Assistant U.S. Attorney Eugenia M Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Postal Worker Arrested and Charged with Failing to Deliver over 1,300 Pieces of MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Barrett, 30, of Sanborn, NY, was arrested and charged by criminal complaint with delay or destruction of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on October 13, 2020, the Lewiston, NY, Police Department notified the United States Postal Service Office of Inspector General (USPS OIG) that USPS mail pieces were discovered by witnesses next to a trail in a wooded area off Pletcher Road in Youngstown, NY. The following day, the USPS OIG responded to the Lewiston Police Department and retrieved three mail bins and two garbage bags containing a total of 1,314 first class, certified, and standard mailings. The mail pieces included 15 political mailings and one blank election ballot destined for a Youngstown address. Subsequent investigation determined that the mail was destined for addresses on a mail route assigned to the defendant, who began working for the USPS in 2016. A check of USPS records found that Barrett’s assigned USPS scanner was dormant on October 13, 2020, between 12:20 pm and 3:54 p.m., in the area where the mail pieces were located. During this time period, the defendant’s true location could not be determined.
On October 19, 2020, the USPS OIG returned to the location where the mail pieces were located and found 14 bundles of Western New York Value Papers that had also been discarded. Another 14 bundles of the value papers were found about 30 yards away.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The complaint is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and the Lewiston Police Department, under the direction of Chief Frank Previte.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Postal Carrier Pleads Guilty to Stealing More Than 230 Pieces of MailRead the Press Release
Jacksonville, Florida – Terrell Andre Mosely (40, Jacksonville) has pleaded guilty to theft of mail by a postal employee. Mosely faces a maximum penalty of five years in federal prison and payment of restitution to victims of his crime. A sentencing date has not yet been set.
According to court documents, in August 2019, the United States Postal Service – Office of Inspector General (USPS-OIG) began investigating customer complaints regarding stolen mail involving a postal route in Jacksonville, Florida. During follow up investigation, the USPS-OIG linked a stolen Target gift card to a phone number associated with Mosely. They also determined that Mosely worked on the postal route experiencing mail theft. USPS-OIG agents made contact with Mosely and spoke to him about his connection to the stolen Target gift card. Mosely confessed to stealing gift cards, including the Target gift card, from the mail. During a subsequent search of Mosely’s personal belongings and his car, agents recovered more than 230 pieces of stolen mail.
The United States Postal Service - Office of Inspector General investigated this case. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Ponzi Schemer Who Bilked Investors out of Millions of Dollars is Sentenced to more than Six Years in PrisonRead the Press Release
NEWS RELEASE SUMMARY – November 20, 2020
SAN DIEGO – Jonny Ngo, the former president and chief executive officer of NL Technology, LLC, was sentenced in federal court today to 75 months in prison for operating a $65 million Ponzi scheme that caused investors to lose over $20 million. He was also ordered to pay $20,292,490.60 in restitution to the victims of his fraud.
According to court filings, Ngo induced his victims to invest funds in various short-term investment contracts by making false representations, including that: (a) Investor money would be used to fund wholesale purchase orders of smartphone screens and other electronic goods; (b) NL Technology was a regular supplier of smartphone screens to a number of buyers, including two buyers who each ordered approximately $2 million of product from NL Technology; (c) All wholesale orders funded by investor money was pre-purchased by NL Technology clients; and (d) The quality of the products and safety of investor funds used to purchase the products were guaranteed by a third-party escrow company.
In his plea agreement, Ngo admitted he created counterfeit invoices falsely indicating that NL Technology had substantial purchase orders from alleged wholesale companies. Ngo also provided false financial statements purportedly certified by an accountant showing NL Technology earned income from its wholesale business totaling $12.5 million in 2015 and $15.4 million in 2016. Moreover, Ngo admitted he fabricated bank statements or screenshots from bank statements held in the name of NL Technology with individual line items altered to appear as legitimate wholesale business transactions. Lastly, Ngo created false checks from wholesale companies allegedly doing business with NL Technology.
According to court documents, Ngo told investors that they could roll over their investments into future investment contracts with NL Technology, when in fact no such future investments were possible. Also, Ngo lulled investors about the continued viability of NL Technology through materially false representations, including that NL Technology had an outstanding purchase order from a smartphone repair company for approximately $300,000, when in fact, no such order existed.
Instead of investing the funds in the business, Ngo admitted that he converted investor funds to his own personal use and benefit by spending the money on a home, luxury cars and gambling. As a result of his investment fraud, Ngo caused more than $20 million in losses to investors in his Ponzi scheme.
During today’s sentencing hearing, U.S. District Judge Jeffrey T. Miller said that Ngo was “motivated by greed” to perpetrate a fraud that “was no mere mistake. This was calculated, broad in nature, deep in planning, and deadly in execution.” Judge Miller further noted that the victims “suffered a substantial loss and have had financial ruin, dreams dashed, fruits of a lifetime of labor dissipated, emotional distress, shame, shock, embarrassment, and emotional damage to last a lifetime.”
“Defendant Ngo preyed on his victims, cheated many of them out of their life savings, and caused a devastating impact on their personal and financial health,” said U.S. Attorney Robert Brewer. “Defendant Ngo destroyed the finances of many innocent and hardworking people. Today’s sentence sends a clear message to financial predators: The United States Attorney’s Office and our federal law enforcement partners will work tirelessly and relentlessly to unravel your fraud and bring you to justice.” Brewer praised prosecutor Joseph Orabona and agents with the Federal Bureau of Investigation and United States Postal Inspection Service for their outstanding work on this case.
FBI Special Agent in Charge Suzanne Turner said, “Ngo swindled and conned innocent investors out of their hard-earned money to support his lavish lifestyle. The false representations about wholesale purchase orders worth millions and supporting phony business records were all lies. Ngo's actions serve as an example of the unconscionable greed that fuels these all too common fraud cases. The FBI is committed to investigating those who prey upon trusting individuals for their own personal gain. We ask anyone who has information related to investor fraud submit a tip at https://tips.fbi.gov/.”
“Today’s sentencing sends a clear message to scammers who prey upon the public,” stated Postal Inspector in Charge Melisa Llosa. “The Postal Inspection Service has zero tolerance for those who use the nation’s mail system to commit fraud. Postal Inspectors will aggressively investigate these cases with our law enforcement partners to bring the scammers to justice.”
DEFENDANT Case Number: 19CR1391-JM
Jonny Ngo Age: 34 San Diego, CA
SUMMARY OF THE CHARGE
Title 18, United States Code, Section 1341 – Mail Fraud
Maximum Penalties: Twenty years in prison, $250,000 fine, three years of supervised release
AGENCIES
Federal Bureau of Investigation
United States Postal Inspection Service
New York Man and Passaic County Woman Admit Roles in Defrauding Customers of New Jersey Moving CompanyRead the Press Release
NEWARK, N.J. – A New York man and a Passaic County, New Jersey, woman admitted that they participated in a scheme to defraud over 260 customers of their moving company out of more than $540,000, U.S. Attorney Craig Carpenito announced today.
Lior Atiyas (a/k/a “David Cohen”), 42, of Hewlett, New York, pleaded guilty by videoconference today before U.S. District Judge Claire C. Cecchi to an information charging him with one count of conspiracy to commit wire fraud and one count of conspiracy to commit health care fraud. Lola Larios (a/k/a “Michelle Jacobs”), 37, of Haledon, New Jersey, pleaded guilty by videoconference before Judge Cecchi on Nov. 19, 2020, to an information charging her with one count of conspiracy to commit wire fraud.
According to documents filed in this case and statements made in court:
From as early as January 2016 through January 2019, Atiyas devised a scheme to enrich himself and his moving company, which used several names to conceal its true identity, including Premier Relocations LLC, Metro Van Lines Inc., Astoria Motor Van Company, Lyon Moving, and Empire Move. Larios began working for the company in January 2018, and immediately joined in the conspiracy. Atiyas and Larios regularly extorted customers by quoting them “low-ball” price estimates for moving household goods. Once the customers’ goods were loaded onto the moving trucks, Premier’s employees, at the direction of Atiyas and Larios, or Atiyas and Larios themselves, would drastically raise the price of the move (often two or three times that of the quoted estimate), and then refuse to deliver the goods until the customers paid the increased price. The aggregate difference between the initial low-ball estimates and the revised inflated amounts charged to victims was $547,525.
Atiyas also admitted participating in a scheme whereby he generated fake paystubs and a fake employment confirmation letter in order for an uncharged conspirator to obtain Medicaid benefits. As a result of his role in the health care fraud conspiracy, Atiyas caused the submission of over $40,000 in fraudulent medical claims.
The charge of conspiracy to commit wire fraud carries a maximum potential penalty of 20 years in prison, and a fine of $250,000, or twice the gross pecuniary gain to the defendants, or twice the gross pecuniary loss to the victims, whichever is greater. The charge of conspiracy to commit health care fraud carries a maximum potential penalty of 10 years in prison, and a fine of $250,000, or twice the gross pecuniary gain to the defendant, or twice the gross pecuniary loss to the victims, whichever is greater. Sentencing for both defendants is scheduled for April 1, 2021.
U.S. Attorney Carpenito credited special agents with the Department of Transportation, Office of the Inspector General, under the direction of Special Agent in Charge Douglas Shoemaker, Northeast Region, and the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorney Christopher Amore of the U.S. Attorney’s Office Government Fraud Unit in Newark.
New Bedford Man Indicted for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A New Bedford man was indicted yesterday by a federal grand jury with illegally possessing a Mustang .380 pistol and ammunition.
Victor Morales, 35, was indicted on one count of possessing a firearm and ammunition while being a convicted felon.
According to the indictment, on or about July 20, 2020, Morales possessed a Colt MK IV Mustang .380 loaded pistol and 12 rounds of .380 caliber ammunition in his apartment.
The charge of being a convicted felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant United States Attorney Evan Gotlob of Lelling’s Major Crimes Unit 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.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Naugatuck Man Sentenced to 10 Years in Federal Prison for Trafficking HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LARRY HALL, also known as “Chuito” and “Bobo,” 49, of Naugatuck, was sentenced today by U.S. District Judge Janet C. Hall to 120 months of imprisonment, followed by five years of supervised release, for trafficking heroin.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.
According to court documents and statements made in court, this matter stems from a joint investigation headed by the DEA New Haven Task Force and the Waterbury and Naugatuck Police Departments into a heroin and cocaine trafficking operation headed by Keith Jordan of Waterbury. The investigation, which included the use of court-authorized wiretaps, physical surveillance and controlled purchases of narcotics, revealed that Jordan was receiving large quantities of heroin from various suppliers, including Pedro Santos, of Waterbury, and selling to drug to other distributors and street-level customers. Jordan also purchased and distributed cocaine.
During the investigation, a wiretap identified Hall as Santos’ heroin supplier, and revealed that Hall was supplying other drug sellers with raw heroin on credit.
On March 13, 2019, a grand jury in Hartford returned an indictment charging Hall, Jordan, Santos and 26 other individuals with various offenses related to the distribution of heroin, fentanyl, cocaine and crack cocaine.
Hall and several codefendants were arrested on March 20, 2019. In association with the arrests, investigators seized approximately 3,000 bags of heroin, 400 grams of cocaine, 350 grams of fentanyl/heroin mixed, 400 grams of heroin, 10 grams of crack, 20 pounds of marijuana, fentanyl patches, a one-kilogram press, four handguns, approximately $120,000 in cash and four vehicles.
Approximately $30,000 of the cash seized was found in Hall’s residence.
Hall has been detained since his arrest. On November 4, 2019, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, one kilogram or more of heroin.
Jordan and Santos pleaded guilty to related charges. On September 18, 2020, Santos was sentenced to 66 months of imprisonment. Jordan awaits sentencing.
This investigation has been conducted by the Drug Enforcement Administration New Haven Task Force, Waterbury Police Department and Naugatuck Police Department, with the critical assistance of the U.S. Secret Service, New York Field Office. The DEA New Haven Task Force includes participants from the U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby, Middletown, Naugatuck and Waterbury Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Nathaniel J. Gentile through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
NDTX Round-Up: November 13-19Read the Press Release
GUILTY PLEA – MICHAEL DYWAYNE HARRIS
On November 17, Michael Dywayne Harris, 39, plead guilty to possession with intent to distribute cocaine. A coconspirator requested Harris to deliver four kilograms of cocaine to a Dallas area drug house. After delivering the cocaine and collecting the drug proceeds, Harris was stopped by Dallas Police Officers. The officers searched Harris’s car and found $67,137.81 in drug proceeds, cocaine, and pills. Harris faces up to 40 years in federal prison for his crimes. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Suzanna Etessam is prosecuting this case.
GUILTY PLEA – OLAYINKA ELIZABETH TAIWO
On November 17, Olayinka Elizabeth Taiwo, 34, plead guilty to make a false statement in an application for a passport. Taiwo submitted an executed passported application to the United States Post Office. In her application, Taiwo used another individuals name and personal identifying information as her own. Taiwo faces up to 10 years in federal prison for her crimes. This case was investigated by the U.S. Department of State and the FBI. Assistant U.S. Attorney Walt Junker is prosecuting this case.
SENTENCING – AIRUN DAMON DUNN
On November 18, Airun Damon Dunn, 25, was sentenced to 105 months in federal prison for possession with intent to distribute a controlled substance. Dunn sold heroin to another individual five times. In connection with the heroin sales, Dunn unlawfully sold three firearms. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosive. Assistant U.S. Attorney P.J. Meitl prosecuted this case.
Multi-Convicted Felon Sentenced to Ten Years in Prison on Federal Firearms CasesRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II today sentenced Christopher Maurice McCallum, Jr. (28, Ocala) to 8 years in federal prison for possession of a firearm by a convicted felon. In addition, McCallum received a consecutive 2-year prison term on a related violation of supervision in another firearm case.
According to the plea agreement, on May 25, 2020, City of Ocala police officers responded to a shooting in a local neighborhood. The officers soon observed McCallum driving an automobile that was attempting to flee the area. McCallum was apprehended after a short pursuit, once he abandoned the automobile and tried to run on foot. In the driver-side floorboard of the automobile, officers recovered a stolen rifle loaded with ammunition. McCallum, a multi-convicted felon already on supervision for a federal weapons offense, is prohibited from possessing firearms or ammunition under the law.
On June 6, 2020, officers again arrested McCallum on several outstanding federal warrants relating to this conduct. At the time of his arrest, McCallum had barricaded himself inside a rented apartment. A subsequent search of the apartment revealed two more loaded firearms—a stolen handgun and another rifle—along with illegal drugs and paraphernalia. This new criminal activity violated McCallum’s federal supervision from a 2014 conviction for the same charge—possession of a firearm affecting commerce by a convicted felon.
“A key component of ATF’s mission is reducing violent crime”, said ATF Special Agent in Charge Craig W. Saier, “ATF continues to aggressively pursue offenders related to firearms offenses and violent crime, and will continue to protect and serve our communities.
This case was investigated by the City of Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
More than 60 Aryan Brotherhood Gang Members and Associates Arrested for Violent Crime, Firearms, Fraud, and Drug TraffickingRead the Press Release
FRESNO, Calif. — As part of a multi-agency operation, more than 60 individuals associated with the Aryan Brotherhood were arrested in California, Nevada and Montana on federal and state charges in connection with their gang activities, including violent crimes, illegal firearms trafficking and possession and drug trafficking.
The charges were announced today by U.S. Attorney McGregor W. Scott, California Attorney General Xavier Becerra, Fresno County District Attorney Lisa Smittcamp, Special Agent in Charge Patrick Gorman of the ATF’s San Francisco Field Office, Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office, and Fresno County Sheriff Margaret Mims.
“For the second time in less than 18 months, we are announcing federal charges against Aryan Brotherhood members and associates, a violent gang operating in California prisons,” said U.S. Attorney Scott. “Yesterday, five inmates were transferred to federal custody from California state prisons. All were serving lengthy sentences, two were serving life sentences for murder. We are committed to doing everything we can to stop these violent inmates from orchestrating their criminal activities from inside prison walls.”
“This operation was an expansive multi-agency law enforcement investigation into the ongoing violent criminal activity conducted by the Aryan Brotherhood and associated gangs throughout the Fresno area and the nation,” said Special Agent in Charge Gorman. “ATF and our law enforcement partners knew that if we effectively and efficiently leveraged our resources and specialties that we would accomplish much more together than we could alone. From the outset, we had a clear plan and a sharp focus for running an investigation that would impact the community for the better. Thanks to a tremendous amount of great work on the street level, we have accomplished what we set out to do.”
“The FBI continues to work with our local, state, and federal law enforcement partners to ensure we all have safe neighborhoods for our families. Our collaborative investigation is a testament to the success of a multi-agency approach to identifying, disrupting, and dismantling criminal organizations,” said Special Agent in Charge Ragan. “In addition to the significant efforts of our partners, FBI agents, deputized task force officers, intelligence analysts, and support personnel alone have committed more than 6,000 hours of work to the success of this operation since August 2019.”
Earlier this year, investigators began seeing evidence that Aryan Brotherhood (AB) members and associates in prison were directing criminal activities outside of the prison walls. The AB is gang formed in the California prison system in about 1964 by white inmates who wanted to gain power and authority in prison. It includes other associated gangs, such as Fresnecks, Peckerwoods, and Skinheads.
During the course of the investigation, robberies, murders, drug trafficking, pervasive fraud, and firearms offenses occurring in Fresno, San Bernardino, Santa Barbara, Inyo, and other areas in California, were tied to the AB prison gang. Eventually, the investigation reached as far as Montana, Missouri, Idaho, and Alabama. Eleven acts of violence were intercepted before they were accomplished, and over 80 pounds of methamphetamine, 5 pounds of heroin, and over 25 firearms were seized.
According to the federal complaint, a network of defendants engaged in a series of firearms and drug trafficking offenses, mostly led by defendants Robert Eversole, Kenneth Bash, and Todd Morgan. The drug offenses involved pound quantities of methamphetamine, and the trafficking extended outside of California. Additionally, several defendants participated in a conspiracy to smuggle drugs and dangerous contraband into prisons. The complaint also alleges illegal firearms possession related to a plan to commit a murder. The complaint charges the following defendants:
1) Kenneth Bash, aka “Bash” of Salinas Valley State Prison (drug trafficking)
2) Robert Eversole, aka “Rage,” of Kern Valley State Prison (firearms and drug trafficking)
3) Stephanie Madsen of Torrance (drug trafficking)
4) Todd Morgan, aka “Fox,” of Salinas Valley State Prison (drug trafficking)
5) David Zachocki, aka “Lil David Z,” of Lodi (felon in possession of a firearm)
6) Cody Brown of Atascadero (drug trafficking)
7) Regina Broomall, aka “G,” of Santa Maria (firearms trafficking)
8) Geoffrey Guess, aka “Active,” of Fresno (firearms trafficking)
9) Angel Lopez, aka “Rascal,” of Salinas Valley State Prison (drug trafficking)
10) Joseph McWilliams, aka “Janky,” (drug trafficking, felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking offense)
11) James Armstrong (drug trafficking)
12) Marlon Palmer, aka “P-Nut,” of Salinas Valley State Prison (drug trafficking)
13) Samantha Booth of Clovis (drug trafficking)
14) Jacob Renshaw, aka “Shredder,” in custody in Montana (drug trafficking)
15) Amanda Gourley, aka “Biggie,” of Fresno (drug trafficking)
The Fresno County District Attorney’s office has charged more than 30 people in connection with this investigation for gang conspiracy, fraud and violent crimes including kidnapping, carjacking, assault with a firearm and arson.
As part of this operation, 39 federal and state search warrants were served in Fresno, Santa Maria, Los Angeles, and Montana. Multiple guns, and over 7 pounds of methamphetamine, prescription pills and heroin were found and seized as a result of these searches. Additionally, California Department of Corrections and Rehabilitation conducted searches of 63 cells in 14 state prisons in California related to this investigation. Among the items seized in the prisons were cellphones and drugs.
This investigation was conducted by the California Department of Justice and California Highway Patrol Special Operations Unit, the Multi-Agency Gang Enforcement Consortium (MAGEC), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Fresno County District Attorney’s Office, the Fresno County Sheriff’s Office, the Fresno Police Department, and the California Department of Corrections and Rehabilitation Special Services Unit (SSU).
Assisting in the arrests were the U.S. Marshals Service, the Bishop Police Department, and the Clovis Police Department. Assistant U.S. Attorneys Stephanie Stokman and Thomas Newman, and Fresno County Deputy District Attorneys Robert Veneman-Hughes and Dennis Lewis are handling the prosecutions.
The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Montana Chiropractor and his Wife Plead Guilty to Tax EvasionRead the Press Release
A Montana chiropractor and his wife pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Kurt G. Alme for the District of Montana.
According to court documents and statements made in court, Jonathan Wilhelm, owned and operated Pro Chiropractic PC (Pro Chiro) and Big Sky Spinal Care Center Inc. (Big Sky). From 2013 through 2018, the Wilhelms directed payments to cash and then did not report the cash transactions on Pro Chiro’s and Big Sky’s books and records, which they provided to a return preparer to prepare the businesses’ tax returns. The Wilhelms knew that omitting the cashed checks and cash payments resulted in an understatement of taxable income totaling $284,691 for tax years 2013, 2014, 2015, 2017, and 2018. In total, the defendants caused a tax loss to the IRS of $74,486.
U.S. Magistrate Judge Kathleen L. DeSoto has scheduled a sentencing for March 12, 2021. At sentencing the defendants each face a maximum sentence of five years. The defendants also each face a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Alme commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant Chief Andrew Kameros and Trial Attorney Sarah Kiewlicz of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Molotov Cocktails Earn an Ocala Man Nearly Five Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II today sentenced Tommy Lee Holt (27, Ocala) to four years and seven months in federal prison for possession of an unregistered destructive device. Following his prison term, Holt is ordered to serve three years of supervised release.
According to the plea agreement, on November 5, 2019, Holt manufactured eight “Molotov cocktails” using glass bottles filled with gasoline. All qualified as destructive devices and were subject to registration requirements under federal law. After illegally manufacturing the devices, Holt took them to a Marion County branch of the State of Florida’s Department of Children and Families. Once there, Holt lit the wicks on the destructive devices and unsuccessfully attempted to start a fire by throwing one at the building. When apprehended by police, Holt had a lighter clenched in his right hand and his clothing wreaked of gasoline.
“ATF’s primary focus is protecting the public from crimes involving firearms including the unlawful possession of unregistered destructive devices”, said ATF Special Agent in Charge Craig W. Saier.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Marion County Sheriff’s Office, and the City of Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Mississippi Man Convicted for Defrauding the Internal Revenue Service for up to $1.7 MillionRead the Press Release
Memphis, TN –After a four-day jury trial with proper COVID-19 health and safety protocols, Terry Benson, 47, of Senatobia, Mississippi, has been found guilty as charged of Theft of Government Funds, Mail Fraud, and Passing Fictitious Instruments. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee, announced the conviction today.
Benson was found guilty of defrauding the IRS by submitting fictitious financial instruments in the amounts of $393,053.78 and $1.3 million and other numerous fraudulent documents, causing the IRS to send him a refund check for $297,311.12. He then used those funds to open accounts with Morgan Stanley and Regions Bank and purchase a mobile home and other personal items. In addition, he was found guilty of using the U.S. Mail in furtherance of these crimes.
According to the indictment, Benson executed a scheme to steal funds from the IRS. Benson sent the IRS a fictitious money order as a “Tax Account Settlement Payment” which was applied to balances he owed for tax years 2006, 2007, and 2010 to settle his debt. The IRS issued him a refund check in the amount of $297,311.12 for the overage amount after applying amounts to his IRS debt and debt owed by Benson to the Tennessee Office of Child Support Enforcement Services. Benson filed many fraudulent documents with the IRS naming public officials, organizations or other entities in the documents. In some instances, Benson filed UCC-1 financing statements with the Tennessee Secretary of State naming Regions Bank, the U.S. District Court for the Western District of Tennessee, Shelby County Juvenile Court, the IRS and an employee of the IRS as debtors while identifying himself as the creditor.
On March 19, 2019, Benson was indicted for theft of government funds, mail fraud, and passing a fictitious financial instrument. A sentencing hearing is set for February 25, 2021, before U.S. District Court Judge Mark Norris, where Benson faces possible sentences of up to 10 years for the theft of government funds; up to 20 years for the mail fraud; and up to 25 years for passing fictitious instruments. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Protection of the integrity of the United States Treasury and the sanctity of the U.S. Mail system is a top priority for the Department of Justice and this office. This guilty verdict demonstrates our ability and resolve to expose fraudulent schemes against the government, hold offenders accountable for their dishonest criminal conduct, and to recover ill-gotten proceeds on behalf of the United States."
The Internal Revenue Service Criminal Investigations Division and the U.S. Postal Inspection Service investigated this case.
Assistant U.S. Attorney Damon K. Griffin and Assistant U.S. Attorney Eileen Kuo are prosecuting this case on behalf of the government.
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Mexican National Sentenced to Prison for Unlawful Reentry into the United StatesRead the Press Release
LAS VEGAS, Nev. – A Mexican national, who had been previously lawfully deported seven times, was sentenced to more than four years in prison for illegally returning to the United States, announced U.S. Attorney Nicholas A. Trutanich of the District of Nevada.
Josue Garcia-Rodriguez, also known as “Juan Pablo Mungia-Garcia” and “Josue Garcia Chapo,” 25, of Mexico, was sentenced to 51 months in prison by U.S. District Judge James C. Mahan. In addition, the Court ordered the term of imprisonment to run consecutively to an eight month sentence for supervised release violations: illegally reentering the United States and arrest for drug and gun charges in Henderson, Nevada. Garcia-Rodriguez previously pleaded guilty to one count of being a deported alien found in the United States.
According to court documents, from June 2012 to December 2018, Garcia-Rodriguez — a two-time convicted felon — was deported seven times from the United States to Mexico. In June 2019, he illegally reentered and remained in the United States until he was arrested by law enforcement for a possession of a controlled substance with intent to sell.
The case was investigated by the U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Kimberly Frayn prosecuted the case.
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Meridian Man Sentenced to 10 Years in Prison Under Project EJECT for Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – Marquis Howard McNeely, 38, of Meridian, was sentenced today by Chief U.S. District Judge Daniel P. Jordan III to two 120-month sentences, with the second sentence to be served concurrently with the first sentence, for two counts of possession of a firearm by a convicted felon, announced U.S. Attorney Mike Hurst and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives. McNeely was also ordered to pay a $1,500 fine.
On July 24, 2019 at approximately 4:00 a.m., a Lauderdale County Sheriff’s deputy was on patrol on Highway 19 when the deputy encountered McNeely in a vehicle parked in the wrong lane of traffic. McNeely was found to be intoxicated and placed under arrest. A stolen pistol was recovered from the vehicle. McNeely was charged and released on bond.
On October 8, 2019 McNeely drove up to a traffic safety checkpoint being conducted by the Lauderdale County Sheriff’s Office at the intersection of State Boulevard and Chandler Road. A deputy approached McNeely’s car and immediately saw that McNeely had an assault rifle style pistol held between his right knee and the center console. McNeely was again arrested and charged.
McNeely was indicted by a federal grand jury on November 19, 2019 for being a previously convicted felon in possession of firearms. McNeely has prior felony convictions for felony DUI, aggravated assault and manslaughter. He pled guilty before Judge Jordan on September 1, 2020.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Charles W. Kirkham.
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.
Member of Navajo Nation sentenced to two years in federal prison for burglary in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kari Johnson, 33, of Gallup, New Mexico was sentenced on Nov. 2 in federal court in Albuquerque to two years and three months in prison followed by one year of supervised release for residential burglary.
Johnson pleaded guilty to this offense on Sept. 11, 2019. According to court documents, on Feb. 19, 2016, Johnson and her co-defendant, Eric Martinez, forcibly broke into the home of the victims, who are enrolled members of the Navajo Nation, and stole an array of their personal items worth more than $60,000 dollars. The crime occurred on the Navajo Nation and Johnson and Martinez are both enrolled members of the Navajo Nation.
Martinez, 33, of Mentmore, New Mexico, pleaded guilty to an indictment on Nov. 13, 2019, and was sentenced on Aug. 27 to two years and 3 months in federal prison followed by one year of supervised release.
The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations services investigated this case. Assistant U.S. Attorney David P. Cowen prosecuted the case.
Martinsburg residents indicted on heroin and fentanyl chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Ian Andre Carr and Kasem Damone Humphrey, both of Martinsburg, West Virginia, are facing drug charges after a grand jury indicted them earlier this week, U.S. Attorney Bill Powell announced.
Carr, 49, was indicted on one count of “Conspiracy to Distribute Fentanyl and Heroin,” one count of “Aiding and Abetting the Distribution of Fentanyl and Heroin,” four counts of “Distribution of Fentanyl and Heroin,” and one count of “Possession with Intent to Distribute Fentanyl and Heroin.”
Humphrey, 36, was indicted on one count of “Conspiracy to Distribute Fentanyl and Heroin,” one count of “Aiding and Abetting the Distribution of Fentanyl and Heroin,” and two counts of “Distribution of Heroin.”
Both men are accused of working together to sell heroin and fentanyl from February 2018 to November 2020 in Berkeley County and elsewhere.
Carr and Humphrey each face up to 20 years of incarceration and a fine of up to $1,000,000 for each count.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Man admits armed robbery of Billings convenience storeRead the Press Release
BILLINGS – A man today admitted allegations that he held up a convenience store in Billings and shot the clerk before leaving in a pickup truck, U.S. Attorney Kurt Alme said.
Darren Samuel Whiteman, 36, a transient, pleaded guilty to robbery affecting commerce and to possession of a firearm in furtherance of a crime of violence as charged in an indictment. Whiteman faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the robbery charge and a mandatory minimum 10 years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm charge.
U.S. Magistrate Judge Timothy J. Cavan presided and ordered Whiteman detained pending further proceedings.
The prosecution said in court documents that on Nov. 24, 2019, the Billings Police Department responded to a robbery involving a firearm at the Gas n Go, at 800 Jackson Ave. During the robbery, the clerk was shot in the arm by the suspect, who possessed a pistol. Moments before firing, the victim reported that the suspect said, “Open the cash register. I’m robbing the place. Imma pop this bitch.” The suspect left the store immediately after firing the shot and was seen on surveillance footage leaving the area as a passenger in a pickup truck. Through the investigation, the BPD identified the suspect as Whiteman.
Assistant U.S. Attorney Colin Rubich is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Billings Police Department.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Montana Chiropractor and His Wife Plead Guilty to Tax EvasionRead the Press Release
WASHINGTON – A Montana chiropractor and his wife pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Kurt G. Alme for the District of Montana.
According to court documents and statements made in court, Jonathan Wilhelm, owned and operated Pro Chiropractic PC (Pro Chiro) and Big Sky Spinal Care Center Inc. (Big Sky). From 2013 through 2018, the Wilhelms directed payments to cash and then did not report the cash transactions on Pro Chiro’s and Big Sky’s books and records, which they provided to a return preparer to prepare the businesses’ tax returns. The Wilhelms knew that omitting the cashed checks and cash payments resulted in an understatement of taxable income totaling $284,691 for tax years 2013, 2014, 2015, 2017, and 2018. In total, the defendants caused a tax loss to the IRS of $74,486.
U.S. Magistrate Judge Kathleen L. DeSoto has scheduled a sentencing for March 12, 2021. At sentencing the defendants each face a maximum sentence of five years. The defendants also each face a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Alme commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant Chief Andrew Kameros and Trial Attorney Sarah Kiewlicz of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Lummi tribal member sentenced to 4 years in prison for sexual abuse of a minorRead the Press Release
Seattle - A 29-year-old member of the Lummi Nation was sentenced today in U.S. District Court in Seattle to 4 years in prison for sexual abuse of a minor, announced U.S. Attorney Brian T. Moran. GIDEON THOMAS BEWLEY was 23 years old and the victim was 12 years old when the sexual assaults first occurred. At the sentencing hearing, U.S. District Judge Robert S. Lasnik said, “This is a very painful case. The victim was so vulnerable … this was an aggressive act by a person almost twice the age of a 12-year-old girl.”
According to records filed in the case, in 2014 and 2015, BEWLEY assaulted the victim, who had just finished the 6th grade, at various locations on the Lummi Nation reservation. BEWLEY told the victim if she told anyone he would harm her. The victim first disclosed the abuse in 2014 to a school counselor who notified authorities, but the victim was too scared to discuss the assault with police. In 2016, Child Protective Services was notified, and in a forensic interview arranged by a detective with the Lummi Police Department, the victim disclosed the sex abuse.
BEWLEY was arrested by Lummi Police in December 2018 and was indicted in January 2019. BEWLEY pleaded guilty in August 2019.
At the sentencing hearing, a spokesperson for the Lummi Nation’s victim services told the Court that the victim has “dealt with a lot and is working on her healing.”
BEWLEY is required to register as a sex offender following prison. He will be on five years of supervised release.
The case was investigated by the Lummi Police Department and the FBI. The case was prosecuted by Assistant United States Attorney J. Tate London. Mr. London serves as a Tribal Liaison for the U.S. Attorney’s Office, Western District of Washington.
Leader of Lee County Drug Distribution Ring Sentenced to Fourteen Years in Federal PrisonRead the Press Release
Fort Myers, Florida – United States District Judge John L. Badalamenti has sentenced Alphonda Baker, Sr. (45, Cape Coral) to 14 years in federal prison for conspiring to distribute heroin and fentanyl and possessing multiple firearms as a convicted felon. Baker had pleaded guilty on February 5, 2020. Three of Baker’s associates were previously sentenced to federal prison for the conspiracy: Travis Lee Watkins (13 years); Tafawah Horrobin (10 years); and Michael Horrobin (4 years, 9 months).
According to court documents, Baker headed a drug organization that distributed significant amounts of heroin and fentanyl in Lee County, Florida. The investigation leading to Baker began in 2018, when law enforcement successfully purchased heroin laced with fentanyl from Horrobin, in Cape Coral, on multiple occasions. Law enforcement learned that Horrobin resided in Cape Coral but frequently visited a house in Lehigh Acres, where Watkins and Horrobin lived. Investigators eventually determined that the Lehigh Acres residence was rented by the leader of the organization, Baker, to serve as a “safe house” where large quantities of drugs intended for distribution could be stockpiled.
On August 16, 2018, the Drug Enforcement Administration and the Cape Coral Police Department executed search warrants at Horrobin’s Cape Coral residence, the Lehigh Acres safe house, and Baker’s Cape Coral residence. Inside Horrobin’s residence, law enforcement seized various items used to facilitate the distribution of drugs, an illegally possessed firearm, and cash. Inside the Lehigh Acres safe house, law enforcement seized approximately one kilogram of a fentanyl/heroin mixture, approximately 400 grams of cocaine, smaller amounts of crack cocaine and methamphetamine, and four firearms. Eight firearms were seized from inside Baker’s Cape Coral residence.
This case was investigated by the Drug Enforcement Administration and the Cape Coral Police Department, with assistance from the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael V. Leeman.
Laurel man admits meth trafficking, firearm crimesRead the Press Release
BILLINGS – A Laurel man who estimated he sold nearly a pound a methamphetamine a week for the past year admitted drug trafficking and firearms crimes today after law enforcement found more than seven pounds of the drug in his residence, U.S. Attorney Kurt Alme said.
Robert Earnest Frazier II, 45, pleaded guilty to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime. Frazier faces mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug crime and a mandatory minimum five years to life in prison consecutive to any other sentence on the firearms crime.
U.S. Magistrate Judge Timothy J. Cavan presided and ordered Frazier detained pending further proceedings.
In court documents filed in the case, the prosecution said law enforcement agents used a confidential informant to make two controlled drug purchases of about two ounces of meth each time from Frazier. On Feb. 19, 2019, agents executed a search warrant on Frazier’s residence and vehicle. In the residence, agents found about seven pounds of meth, marijuana, drug paraphernalia and firearms. Two pistols were found in the same safe in which Frazier stored meth. In Frazier’s vehicle, agents found another large stash of meth, marijuana and drug paraphernalia.
In a recorded statement, Frazier admitted to being a meth distributer and estimated he had sold nearly one pound of meth a week for the last year. Frazier also said he received a 10-pound delivery of meth the last week and that what agents found was what was left. In all, Frazier estimated he had received three shipments of meth totaling 37 to 40 pounds. Forty pounds of meth is the equivalent of about 144,960 doses.
Assistant U.S. Attorney Colin Rubich is prosecuting the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 through 2019. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Las Vegas Resident Charged with Possession of Stolen Mail, Including Mail-In Ballots and Unemployment Insurance Benefits Debit CardRead the Press Release
LAS VEGAS, Nev. – A Las Vegas resident was charged today with possession of stolen mail — including two Clark County mail-in voter ballots and a Nevada Department of Employment, Training, and Rehabilitation (DETR) unemployment insurance benefits debit card — and possession of nearly two dozen debit and credit cards in other peoples’ names, announced U.S. Attorney Nicholas A. Trutanich.
Francisco Luis McArthur, 41, was charged with one count of possession of stolen mail and one count of possession of 15 or more unauthorized access devices.
“Theft of U.S. mail is a serious federal crime, particularly when it occurs just days before a general election,” said U.S. Attorney Trutanich. “Our office looks forward to continuing working closely with the U.S. Postal Inspection Service to investigate and prosecute mail theft.”
According to allegations contained in the criminal complaint, on November 2, 2020, McArthur had in his possession a box containing over 100 pieces of mail not in McArthur’s name, including two Clark County Election Department Official Absentee Voter Ballots. In addition, McArthur also had in his possession:
- Seven credit and debit cards that had been fraudulently re-encoded with account numbers that did not match the number printed on the card;
- 16 credit and debit cards that were in the names of other people, including at least one debit card issued by DETR (the state agency that distributes unemployment insurance benefits);
- A card encoder; and
- Keys used to open United States Postal Service mailboxes. McArthur admitted that he used the keys to gain access to gated neighborhoods and community mailboxes.
If convicted, the maximum statutory penalties are: (a) five years imprisonment and a $250,000 fine for possession of stolen mail; and (b) 10 years imprisonment and a $250,000 fine for possession of 15 or more unauthorized access devices.
A complaint contains merely allegations and the defendant is presumed innocent until and unless proven guilty in a court of law.
The case was investigated by the U.S. Postal Inspection Service.
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Las Cruces man sentenced to seven years in federal prison for methamphetamine possessionRead the Press Release
ALBUQUERQUE, N.M. – Ramon Gomez, 41, of Las Cruces, New Mexico, was sentenced on Nov. 4 in federal court to seven years and three months in prison for possession with intent to distribute methamphetamine.
Gomez pleaded guilty on Jan. 30. In his plea agreement, Gomez admitted to possessing 111.836 grams of methamphetamine on April 17, 2019, that he intended to sell to other individuals. The methamphetamine was found in Gomez’s residence during execution of a search warrant.
Upon release from prison, Gomez will serve five years of supervised release.
The FBI and Las Cruces/Doña Ana County Metro Narcotics agents investigated this case. Assistant U.S. Attorney Bradley H. Bartlett prosecuted the case.
Lame Deer man sentenced more than 10 years in prison in attempted sexual abuse of minorRead the Press Release
BILLINGS—A Lame Deer man who admitted attempting to sexually abuse a minor was sentenced today to 10 years and one month in prison and 10 years of supervised release, U.S. Attorney Kurt Alme said.
Jason Jay Tallbull, 39, pleaded guilty on June 18 to attempted sexual abuse of a minor.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court records that in December 2018, Tallbull and the victim, a boy between the ages of 12 and 16, were at Tallbull’s residence on the Northern Cheyenne Indian Reservation. Both Tallbull and the victim were drinking. At some point, the victim tried to leave, but Tallbull made a sexually-charged comment, overpowered the victim and knocked him out. When the victim woke up, he was wearing different clothing and had injuries. He underwent a sexual assault examination.
When interviewed by the FBI, Tallbull said he and the victim had been drinking. He did not remember exactly what occurred, but that he felt like something happened. Tallbull admitted he was probably physically attracted to the victim.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI.
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Kissimmee Man Pleads Guilty to 13 Counts of Fentanyl and Heroin Distribution and Conspiracy in Case Involving Fentanyl Overdose DeathRead the Press Release
Orlando, Florida – Irving Cepeda-Chico (39, Kissimmee) today pleaded guilty to 1 count of conspiracy to distribute heroin and fentanyl and 12 counts of distribution of heroin and fentanyl. Cepeda-Chico faces a mandatory minimum penalty of 10 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to court documents, Cepeda-Chico was involved in obtaining and distributing heroin and fentanyl-laced heroin in Orlando and elsewhere in central and northern Florida. Audio and video recordings showed Cepeda-Chico selling thousands of dollars of fentanyl-laced heroin on multiple occasions. Court-authorized wiretap recordings captured Cepeda-Chico discussing distribution plans, discussing the quality of his product with a Mexican supplier, offloading bad fentanyl and heroin on another distributor, and arranging to pay his supplier through money orders. The investigation specified 14 instances, in December 2018 through August 2019, where Cepeda-Chico either possessed with intent to distribute or distributed a total of over 1.3 kilograms of heroin, nearly 500 grams which were laced with fentanyl. In addition, Cepeda-Chico distributed fentanyl-laced heroin to an individual, M.D., who died in a fatal overdose on July 19, 2019. The United States will be seeking to hold Cepeda-Chico responsible for that death at his sentencing hearing.
Cepeda-Chico’s conspirators – Jeremy Zamot (23, Tampa) ; Kristen Ortiz (24, Orlando); Rachel Torres (25, Orlando); Christian Millan (36, Panama City); and Claribel Rivas (32, Panama City) — have all pleaded guilty to their roles in this conspiracy. They are scheduled to be sentenced on January 21 and January 22, 2021.
This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations, the Orange County Sherriff’s Office, the Osceola County Sherriff’s Office, the Florida Highway Patrol, the Lakeland Police Department, the Florida Department of Law Enforcement, the Central Florida High-Intensity Drug Trafficking Area (HIDTA), and District 9 and 25 Medical Examiner Offices. It is being prosecuted by Assistant United States Attorney Dana E. Hill.
Kansas Hunting Guide Sentenced for Violating Migratory Bird Treaty ActRead the Press Release
WICHITA, KAN. – A Kansas guide is losing his hunting privileges for three years because he violated the Migratory Bird Treaty Act, U.S. Attorney Stephen McAllister said today
Zachary B. White, 35, Ellinwood, Kan., pleaded guilty today in federal court in Wichita to violating the Migratory Bird Treaty Act. In his plea, White admitted he acted as a waterfowl guide to a party of 13 hunters during a hunt conducted during December 2015, in Barton County, Kan. With White’s assistance, the hunters killed 31 white-fronted geese, violating a daily bag limit of two per person. The unlawful hunting and guiding services were provided to the hunters by White and another guide, both co-owners and operators of Prairie Thunder Outfitters (PTO), located near Ellinwood, Kansas.
White was sentenced to three years on probation, during which he is prohibited from hunting and fishing or acting as a guide. In addition, he was ordered to pay a $5,000 fine directed to the North American Wetlands Conservation Fund, $10,000 in restitution directed to the Kansas Department of Wildlife, Parks and Tourism-Law Enforcement Division Restitution Fund, and forfeited approximately 148 ducks and geese seized from the PTO Lodge during a federal search warrant conducted in December, 2016.
White's sentencing is the final conviction related to a joint investigation of Prairie Thunder Outfitters by the U.S. Fish and Wildlife Service and the Kansas Department of Wildlife, Parks and Tourism. Nine other defendants have plead guilty or been adjudicated on various migratory bird hunting violations that occurred during guided hunts at PTO in 2015 and 2016 including taking in excess of daily bag limit, possession of unlawfully taken waterfowl, and possession and transport of untagged waterfowl or without required species identification. Bryan Boxberger was sentenced in August 2020 in the District of Kansas for assisting with a PTO hunt involving hunters taking waterfowl in excess of the daily bag and was ordered to pay $12,500 in fines and restitution. Eight other PTO guides, clients, and associates previously paid fines related to misdemeanors charged by violation notices.
McAllister commended the Kansas Department of Wildlife, Parks and Tourism, the U.S. Fish and Wildlife Service and Assistant U.S. Attorney Matt Treaster for their work on the case.
Jacksonville Radiology Practice Agrees to Pay $1.4 Million to Resolve Health Care Fraud AllegationsRead the Press Release
United States Attorney Maria Chapa Lopez announces today that Mori, Bean and Brooks, P.A. (MBB), a radiology practice in the Jacksonville, Florida area, has agreed to pay the United States $1.4 million to resolve allegations that it knowingly submitted false claims to Medicare and Medicaid for radiological images that were ineligible for reimbursement.
“Today’s announcement demonstrates the Justice Department’s commitment to protect public funds and our healthcare beneficiaries,” said United States Attorney Chapa Lopez. “We will aggressively pursue healthcare providers who violate Medicare regulations and hold accountable providers who knowingly submit fraudulent claims to Medicare and Medicaid.”
The settlement resolves allegations that from April 27, 2012, through February 5, 2019, MBB billed healthcare programs for radiological images that were interpreted outside the United States. Medicare requires that for tele-radiology services to be eligible for reimbursement, they must be performed within the United States. The agreement also resolves allegations that the practice group billed for radiology services that were initially performed overseas but were re-interpreted by another radiologist in the U.S. and billed to the second, domestic radiologist as if the latter doctor had performed the original read.
“Knowingly submitting false claims for financial gain is unacceptable,” said Special Agent in Charge Omar Perez Aybar of the U.S. Health and Human Services, Office of Inspector General. “Medicare only pays for services provided in accordance with Medicare rules. Today’s settlement should serve as a warning that anyone attempting to defraud taxpayer-funded health care programs will be vigorously pursued. ”
While MBB continued to bill Medicare and Medicaid for reads performed outside the country until after the United States informed it of the ongoing investigation, after being informed of the investigation MBB successfully reduced the amount owed to the government through diligent and effective cooperation.
This case was handled by Assistant U.S. Attorneys Shea Gibbons and Sean Keefe for the Middle District of Florida. It was investigated by the U.S. Department of Health and Human Services – Office of Inspector General.
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Thomas Heyck, a radiologist who formerly worked for Mori, Bean and Brooks. Heyck sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The case is captioned U.S. ex rel. Thomas Heyck v. Mori, Bean and Brooks, P.A, No. 3:18-cv-590-J-39PDB. The Act also allows the United States to intervene and prosecute the action. Heyck will receive 19% of the proceeds from the settlement.
Jacksonville Felon Pleads Guilty After Throwing A Gun While Fleeing from the PoliceRead the Press Release
Jacksonville, Florida – Bruce Lanier Jefferson (46, Jacksonville) has pleaded guilty to being a convicted felon in possession of a firearm. Because of Jefferson’s criminal history, he faces a mandatory minimum penalty of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on April 14, 2020, Jefferson was driving a Chevrolet Cobalt at high rate of speed in the Brentwood neighborhood of Jacksonville. A patrol officer with the Jacksonville Sheriff’s Office (JSO) observed Jefferson’s erratic driving and attempted to pull him over. Jefferson positioned the car diagonally, as if he were going to drive on the sidewalk, exited the vehicle, and fled on foot. While fleeing, Jefferson threw a Taurus 9mm caliber pistol onto the sidewalk, then fell down. Jefferson attempted to regain his footing, at which point the JSO officer tased Jefferson and detained him. Other JSO patrol officers arrived on scene shortly thereafter, one of whom recovered Jefferson’s firearm from the sidewalk. The firearm had been equipped with an extended magazine and was loaded with 27 rounds of ammunition. Jefferson admitted to officers that he knew that he was a felon and that the Taurus 9mm caliber pistol belonged to him. The firearm had been reported stolen in 2019.
A subsequent search of Jefferson revealed that he was in possession of drugs, including suspected fentanyl. Before possessing the pistol, Jefferson had been convicted of ten felonies, including drug distribution offenses on three separate occasions. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
Interagency operation nets indictments in drug conspiracyRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson today announced the federal indictments of 18 individuals in the Roswell, New Mexico, area on charges ranging from distribution of methamphetamine to money laundering. The charges are contained three separate indictments totaling 66 counts.
According to the indictments and other court records, the defendants allegedly conspired to traffic large amounts of methamphetamine in and around Roswell. The investigation began in 2019 when the Drug Enforcement Administration, Homeland Security Investigations, the Chaves County Metro Narcotics Task Force and the Pecos Valley Drug Task Force began an investigation of a Roswell resident who was selling significant quantities of methamphetamine.
“Methamphetamine is a persistent scourge on our state, and southeastern New Mexico has been substantially impacted by methamphetamine trafficking and use,” said U.S. Attorney Anderson. “This investigation prevented over 100 pounds of methamphetamine from reaching our streets and stopped that methamphetamine from further damaging our communities. This operation is yet another example of our federal agencies working collaboratively with state and local law enforcement partners to reduce dangerous crime in this district. My office is prosecuting 18 individuals on a variety of drug trafficking, money laundering and firearms charges, and putting others on notice that if you traffic methamphetamine in New Mexico, you will be found and prosecuted.”
Investigators executed four search warrants at locations in Roswell and Dexter, New Mexico. As of today, 17 defendants have been arrested, while one defendant is not yet in custody.
The investigation included agents from the Drug Enforcement Administration, Homeland Security Investigations, the IRS, the U.S. Marshals Service, the Chaves County Metro Narcotics Task Force and the Pecos Valley Drug Task Force.
“A year ago, we established a Post of Duty in Roswell to quickly and efficiently respond to requests for DEA assistance from local law enforcement, and to further investigative efforts throughout the southeastern region of the state of New Mexico,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “This is one of the successful operations as a result of this post of duty. DEA will continue to work with other federal, state, local and tribal law enforcement agencies to leverage and strengthen our respective resources to pursue those who would threaten our communities.”
“This joint effort is a direct reflection of the incredible cooperation between our law enforcement partners and will provide these communities with peace of mind and a stronger sense of community security,” said Sonya K. Chavez, United States Marshal for the District of New Mexico.
“HSI remains committed to working with our federal, state, and local law enforcement partners to combat drug trafficking in Southeast New Mexico,” said Erik P. Breitzke, acting Special Agent in Charge for HSI El Paso. “I commend the hard work of all involved to successfully plan and execute an operation of this magnitude, especially during an unprecedented pandemic, to ensure that dangerous drugs are kept off our streets.”
“It takes a significant amount of coordination, cooperation, and hard work from numerous agencies to investigate a case of this scale,” stated Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation. “IRS-CI is fully committed to investigating money laundering by transnational drug trafficking organizations.”
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
The High Intensity Drug Trafficking Areas (HIDTA) Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The HIDTA Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department. Both are part of the New Mexico HIDTA Region VI Drug Task Force. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
The Las Cruces branch of the U.S. Attorney’s Office for the District of New Mexico is prosecuting this case.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Nov. 17 was:
Jerard David Threefingers, 31, of Lame Deer, on charges of involuntary manslaughter. If convicted of the most serious crime, Threefingers faces a maximum eight years in prison, a $250,000 fine and three years of supervised release. Threefingers was released pending further proceedings. The Bureau of Indian Affairs investigated the case. PACER case reference. 20-101.
Appearing and pleading not guilty Nov. 19 was:
Tyler Nathaniel Patterson, 26, of Billings, on charges of false statement during firearms transaction and illegal receipt of a firearm by a person under indictment. If convicted of the most serious crime, Patterson faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Patterson was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-127.
Kaycee Nicole Kolka, 26, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Kolka faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Kolka was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-126.
Jennifer Lee Adams, 41, of Billings, on charges of false statement during a firearms transaction. If convicted of the most serious crime, Adams faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Adams was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-118.
Gary Lee Paul Adams, 38, of McCammon, Idaho, on charges of felon in possession of a firearm. If convicted of the most serious crime, Adams faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Adams was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Gallatin County Sheriff’s Office and Manhattan Police Department investigated the case. PACER case reference. 20-27.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 17 was:
Laura Ann Matye, 42, of Great Falls, on charges of conspiracy to possess with intent to distribute heroin and possession with intent to distribute heroin. If convicted of the most serious crime, Matye faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Mayte was released pending further proceedings. The Department of Homeland Security and Great Falls Police Department investigated the case. PACER case reference. 20-80.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Nov. 17 was:
Scott George Michael Daniels, 31, of Kalispell, on charges of conspiracy to distribute drugs, possession with intent to distribute drugs and prohibited person in possession of a firearm. If convicted of the most serious crime, Daniels faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Daniels was released pending further proceedings. The FBI investigated the case. PACER case reference. 20-46.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Home Health Agency and Former Owner to Pay $5.8 Million to Settle False Claims Act AllegationsRead the Press Release
Doctor’s Choice Home Care, Inc. and its former executives, Timothy Beach and Stuart Christensen, have agreed to pay $5.15 million to resolve allegations that the home health agency provided improper financial inducements to referring physicians through sham medical director agreements and bonuses to physicians’ spouses who were Doctor’s Choice employees, the Department of Justice announced today.
Timothy Beach and Stuart Christensen founded Doctor’s Choice and formerly served as its top executives. Doctor’s Choice is a home health agency based in Sarasota, Florida, with branches throughout the state.
Doctor’s Choice will pay $3,856,000 to settle these allegations and Beach and Christensen will each pay $647,000. Doctor’s Choice will pay an additional $675,000 to resolve separate allegations that employees pressured clinical personnel to increase the number of home visits for Medicare patients to avoid the Medicare Low Utilization Payment Adjustment that would have decreased the reimbursement Doctor’s Choice received from Medicare in the absence of these unnecessary services.
“The Department of Justice will continue to hold companies and individuals accountable for the payment of illegal remuneration in any form,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “Improper inducements have no place in our federal healthcare system, which relies on healthcare providers making decisions based on the healthcare needs of their patients and rather than their personal financial interests.”
“Operating an illegal referral scheme and providing medically unnecessary services places patients at risk and jeopardizes millions of taxpayer dollars,” said Special Agent in Charge of the FBI Tampa Division Michael McPherson. “This settlement highlights the FBI’s commitment to protect the integrity of the federally funded healthcare system.”
The Anti-Kickback Statute prohibits the offering or payment of remuneration to induce or reward referrals for services paid for by federal healthcare programs. The Stark Law forbids certain medical providers, including home health agencies, from submitting claims to Medicare for services provided to patients who were referred by a physician with whom the provider has a prohibited financial relationship, unless that relationship falls within an applicable exception.
This settlement resolves allegations that Doctor’s Choice, Beach, and Christensen violated the Anti-Kickback Statute and the Stark Law by entering into sham medical director agreements with physicians as a means of providing remuneration for referrals, and also violated the Stark Law by providing bonuses to employees based on referrals to Doctor’s Choice by the employees’ physician spouses. In addition, the agreement resolves allegations that Doctor’s Choice provided unnecessary services to Medicare patients in order to increase the number of skilled service visits provided during a home health episode to avoid the Low Utilization Payment Adjustment which otherwise would have decreased Doctor’s Choice Medicare reimbursement. This adjustment is triggered when a home health patient has a treatment episode consisting of less than five skilled service visits and results in the provider receiving a standardized per visit payment rather than the higher payment for a full home health episode.
The allegations resolved in this settlement were originally brought in two lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act; one case was filed by Corina Herbold and the second case was filed by Sara Billings, Misty Sykes, and Marina Eschoyez-Quiroga, all of whom are former employees of Doctor’s Choice. The Act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. Billings, Sykes, and Eschoyez-Quiroga will jointly receive a share of approximately $145,000 arising from the government’s recovery for the Low Utilization Payment Adjustment allegations. Herbold’s share has not yet been determined.
The government’s intervention in these matters illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the U.S. Attorney’s Office for the Middle District of Florida, the Office of Inspector General of the Department of Health and Human Services, and the FBI.
The cases are captioned United States ex rel. Herbold v. Doctor’s Choice Home Care Inc., et al., No. 8:15- cv-01044 (M.D. Fla.) and United States ex rel. Billings, Sykes, and Eschoyez-Quiroga v. Doctor’s Choice Home Care Inc., No. 8:16-cv-3112 (M.D. Fla.).
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Group with Ties to White Supremacy Including One Current and Two Former Marines Charged with Illegally Manufacturing FirearmsRead the Press Release
RALEIGH, N.C. – This week, Paul James Kryscuk, 35, Liam Collins, 21, Jordan Duncan, 26, and Justin Wade Hermanson, 21, were charged via a superseding indictment obtained in the Eastern District of North Carolina. Collins and Duncan are former Marines assigned previously to Camp Lejeune in Jacksonville, North Carolina.
According to court documents, Collins, Kryscuk, and Duncan conspired to manufacture, transport, and sell hard to obtain firearms and firearm parts in a manner that would hide these purchases from the federal government. From May 2019 to the present, Collins made multiple money transfers through his personal account to Kryscuk to purchase firearms to include a 9mm pistol and suppressor and a short barrel rifle. In turn, Kryscuk purchased items from vendors to manufacture the firearms and suppressors. In furtherance of the crime, Kryscuk, using an alias, mailed the manufactured weapons from Idaho to Jacksonville, North Carolina. Kryscuk also shipped the short barrel rifle, not registered as required by the federal government, to Collins. Duncan, a military contractor, and Hermanson, currently a U.S. Marine, were aware of and participated in the conspiracy.
The indictment alleges that Collins and Kryscuk were members of and made multiple posts on the “Iron March” forum, a gathering point for young neo-Nazis to organize and recruit for extremist organizations, until the forum was closed in late 2017. Collins and Kryscuk met through the forum and expanded their group using an encrypted messaging application as an alternate means of communication outside of the forum. Collins and Kryscuk recruited additional members, including Duncan and Hermanson, and conducted training, including a live-fire training in the desert near Boise, Idaho. From video footage recorded by the members during the training, Kryscuk, Duncan, and others produced a montage video of their training. In the video, the participants are seen firing short barrel rifles and other assault-type rifles, and the end of the propaganda video shows the four participants outfitted in skull masks giving the “Heil Hitler” sign, beneath the image of a black sun, a Nazi symbol. The last frame bears the phrase, “Come home white man.” Prior to their arrests, Collins and Duncan had recently relocated from North Carolina and Texas, respectively, to Boise to be near Kryscuk.
All four are charged with violating 18 U.S.C. § 371, conspiracy to manufacture firearms and ship them interstate; Collins, Kryscuk and Hermanson are additionally charged with violation of 18 U.S.C. § 922(a) (3) and 2, interstate transportation of firearms without a license, and Collins and Kryscuk with violations of 26 U.S.C. § 5841, 5861(j), and 5871 and 2, interstate transportation of a firearm not registered as required. Collins and Kryscuk each face a maximum penalty of a combined 20 years in prison if convicted; Hermanson, a maximum penalty of a combined 10 years in prison if convicted; and Duncan, charged with violating 18 U.S.C. § 371, conspiracy to manufacture firearms and ship them interstate (18 U.S.C. § 922(a) (3)), faces a maximum of 5 years in prison.
An indictment and complaint are merely accusations. The defendants are presumed innocent until proven guilty.
The Naval Criminal Investigative Service, the Federal Bureau of Investigation field offices in Salt Lake City and Charlotte with assistance from field offices in Boston, New York, and Newark, the Boise Police Department, the United States Postal Inspection Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are investigating the case. Assistant U.S. Attorneys from the Eastern District of North Carolina are prosecuting the case for the government with assistance from Assistant United States Attorneys for the District of Idaho, District of New Jersey, Eastern District of New York, the District of Rhode Island and attorneys from the National Security Division.
This case falls within the purview of the Attorney General’s Task Force to Combat Violent Anti-Government Extremism. Launched in June 2020, the Task Force is dedicated to supporting the investigation and prosecution of any person or group who commits violence in the name of an anti-government ideology.
A copy of this press release is located on our website.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Greenbelt Felon Sentenced to 10 Years in Federal Prison for Drug Charges and to Illegal Possession of a FirearmRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Lucian Bernard Jackson, age 53, of Greenbelt, Maryland, yesterday to 10 years in federal prison, followed by five years of supervised release, for conspiracy, possession with intent to distribute controlled substances, and being a felon in possession of a firearm. Judge Hazel also ordered Jackson to forfeit the $81,957 in cash, two firearms and ammunition seized from his residence during a search of his residence. This case was the result of investigative efforts by the U.S. Attorney’s Offices for the District of Maryland and for the Eastern District of Virginia.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; United States Attorney for the Eastern District of Virginia G. Zachary Terwilliger, Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Special Agent in Charge Jesse R. Fong of the Drug Enforcement Administration - Washington Field Division; and Interim Chief Hector Velez of the Prince George’s County Police Department; and Attorney General of Virginia Mark R. Herring.
“Drug traffickers must know that using a gun will lead to federal time, which has no parole—ever,” said United States Attorney Robert K. Hur. “Lucian Jackson will now serve 10 years in federal prison. We will continue to work with our law enforcement partners to remove those who would deal drugs and commit violence from our community.”
According to his guilty plea, from June 2017 to September 2019, Jackson was a supplier of cocaine in and around the Maryland region, redistributing cocaine to local dealers. For example, from October 2017 to September 2019, Jackson distributed approximately 500 grams of cocaine per week to a co-conspirator, with the transactions generally occurring at Jackson’s residence. The co-conspirator then redistributed the cocaine to 30 or more customers. The hierarchal distribution continued with the customers redistributing the cocaine around the region, including in the Eastern District of Virginia and in the District of Maryland. In addition, Jackson occasionally purchased cocaine from other suppliers through the co-conspirator. During one month, Jackson, through the co-conspirator, purchased approximately four kilograms of cocaine from another supplier.
Law enforcement executed a search warrant at Jackson’s residence in Greenbelt, Maryland, on September 26, 2019, and recovered: $81,957 in cash; more than 700 grams of cocaine; a .45-caliber pistol and 54 rounds of .45-caliber ammunition; a 9mm pistol and 114 rounds of 9mm ammunition; and an additional $400 in cash recovered from Jackson’s person. Jackson admitted that the cash from the residence and Jackson’s person were proceeds from his cocaine distribution. Further, Jackson admitted that he knew he was prohibited from possessing firearms or ammunition as a result of a previous felony conviction.
Jackson was personally involved in the distribution of, or it was reasonably foreseeable to Jackson that his co-conspirators distributed, in furtherance of the conspiracy, at least 50 kilograms but less than 150 kilograms, of cocaine.
As agreed upon in Jackson’s plea agreement, now that Jackson has been sentenced, related charges filed in federal court in the Eastern District of Virginia will be dismissed.
United States Attorneys Robert K. Hur and G. Zachary Terwilliger commended the ATF, and the Prince George’s County Police Department for their work in the Maryland investigation and thanked the DEA, the FBI Washington Field Office, the Arlington County Police Department, the Loudoun County Sheriff’s Office, the Fairfax County Police Department, and the Alexandria Police Department for their work in the Virginia investigation. Mr. Hur and Mr. Terwilliger thanked Assistant U.S. Attorney Burden Walker and Special Assistant U.S. Attorney Karolina Klyuchnikova, who prosecuted the Maryland and Virginia cases, respectively.
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Grand Jury Indicts Buffalo Man in Connection with Shooting Following A Botched Drug DealRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Charlie Yancey, 29, of Buffalo, NY, with conspiring to distribute marijuana, attempted possession of marijuana, discharge of a firearm in furtherance of drug trafficking, being a felon-in-possession of a firearm and ammunition, and possession of a firearm with an obliterated serial number. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment, on July 28, 2019, the defendant met an individual (Victim) in the parking lot of a convenience store to obtain marijuana. When Yancey arrived, he got into the backseat of the Victim’s vehicle. The defendant attempted to give the Victim fake money in exchange for the marijuana. As a result, the Victim got out of the driver’s seat and went to the rear passenger door, at which point Yancey exited the vehicle and began shooting at the Victim, firing a total of nine rounds. The Victim was transported to the hospital where he was treated for non-life threatening gunshot wounds.
Yancey, who was on New York State parole at the time of the alleged shooting, absconded from parole and was later arrested, convicted, and sentenced on a parole violation in October 2019.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; and the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Anthony Annucci.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Grand Island Man Indicted by A Federal Grand Jury on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned a five count indictment against David Montemage, 37, of Grand Island, NY, charging him with conspiring to distribute, attempting to possess with intent to distribute, and possessing with intent to distribute marijuana: in addition, Montemage is also charged with maintaining a drug-involved premises and possessing a firearm in furtherance of drug trafficking crimes. The charges carry a maximum penalty of life in prison, and a $1,000,000 fine.
Assistant U.S. Attorneys Justin G. Bish and Joshua A. Violanti, who are handling the case, stated that according to the indictment and a previously filed criminal complaint, on August 5, 2020, federal and state law enforcers from Homeland Security Investigations (HSI), U.S. Border Patrol, U.S. Customs and Border Protection, the Niagara County Sheriff’s Office, and the Erie County Sheriff’s Office, executed a search warrant at defendant’s residence on Blue Pointe Lane on Grand Island. During the search of that residence, investigators recovered: a .22 caliber rifle; 28 rounds of .22 caliber ammunition with magazines; approximately 1.88 kilograms of marijuana; marijuana and THC based products; several large plastic vacuum seal type packages containing marijuana residue; several small plastic bags containing marijuana; a digital scale; $7,480 in cash; and marijuana smoking pipes.
According to the previously filed complaint, Montemage, who was arrested following the execution of the warrant, is believed to have been involved in the trafficking and distribution of drugs for over a decade.
Montemage was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael J. Filicetti, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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