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Friday 13 March 2020
Dark Web Narcotics Traffickers Sentenced to Prison for Importing and Distributing Controlled Substances from ChinaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Stephen Stroh, 56, of Morton, PA, and Vaughan Reiser, 21, of Landenberg, PA, have been sentenced to prison by United States District Judge C. Darnell Jones II for conspiracy to import numerous controlled substances from China using the dark web, conspiracy to distribute those substances, and related drug offenses. Stroh was sentenced to 17-and-a-half years in prison, while Reiser was sentenced to six-and-a-half years in prison.
From Spring 2017 until December 2017, the defendants conspired to import controlled substances, including furanyl fentanyl, methoxyacetyl fentanyl, U-47700, and other synthetic narcotics, from China into the Eastern District of Pennsylvania. Upon receiving these deadly substances through the mail, the defendants conducted research on various dark net websites to learn how to combine the substances to manufacture counterfeit pills. Some of the pills they made were counterfeit oxycodone pills which contained fentanyl and counterfeit Adderall pills which contained methamphetamine.
The defendants also used the dark web to order machinery and related parts from China in order to press the substances into pills. The defendants then distributed these counterfeit pills to customers via the Internet and through the mail. The pills were also distributed to customers who would test and provide feedback as to the quality of the counterfeit pills. The defendants were paid in bitcoin, and used cellular telephones, computers, and self-destructing messaging applications to communicate with one another.
“Stroh and Reiser are dangerous drug traffickers, pure and simple – it makes no difference that they were using the Internet as opposed to working street corners. If anything, it makes their criminal conduct even worse, given the reach of the Internet,” said U.S. Attorney McSwain. “The drugs these defendants were importing and distributing are extremely deadly, compounded by the fact that they were intentionally mislabeling them. A critical aspect of my Office’s efforts to combat the opioid epidemic is stopping and holding accountable international drug traffickers like these defendants, who richly deserve their significant prison sentences.”
“As Philadelphia continues to deal with a staggering opioid epidemic, these sentencings should serve as a reminder that trafficking in this poison will result in severe consequences,” said William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations Philadelphia. “Additionally, HSI Philadelphia’s Cyber Crimes Investigations Task Force and our partners remain vigilant in protecting our communities from all cyber-enabled drug trafficking.”
The case was investigated by Homeland Security Investigations, and it is being prosecuted by Senior Advisor to the U.S. Attorney Clare Putnam Pozos and Assistant United States Attorney MaryTeresa Soltis.
Dalton gang member sentenced to 15 years in federal prison for possessing pistol and short-barreled shotgunRead the Press Release
ATLANTA - Florencio Rodriguez, a member of the Sureños 13 gang and multi-convicted felon, has been sentenced to consecutive, maximum terms of imprisonment for unlawfully possessing firearms, including a sawed-off shotgun with an obliterated serial number.
“Gang members are relentless in their attempts to prey upon vulnerable communities in this district, including in North Georgia,” said U.S. Attorney Byung J. “BJay” Pak. “We will continue to work with our state, local, and federal law enforcement partners to target gang members and other violent criminals who endanger the public.”
“It appears the only way to stop Rodriguez from terrorizing our communities is to keep him off the streets, and this sentence will do that for a long time,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI and our law enforcement partners are dedicated to dismantling these violent criminal enterprises to make our communities safer places to live.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives is committed to the reduction of violent crime in our communities,” said ATF Special Agent in Charge Arthur Peralta. “Our law enforcement partnerships allow us to focus investigative resources on those individuals who pose the most danger. As a result, violent criminals receive the maximum sentence.”
"I am very pleased to see that the efforts of Dalton Police Department and our federal law enforcement partners has resulted in the successful prosecution of a local member of the Sur 13 street gang. Our community will be safer without this repeat offender being on the streets. This case is a great example of what can be accomplished when local, state, and federal law enforcement work together to target gang members and violent offenders,” said Dalton Police Chief Cliff Cason.
According to U.S. Attorney Pak, the charges, and other information presented in court: On July 11, 2019, police officers in Dalton, Georgia, approached Rodriguez, a member of the Sureños 13 gang, to arrest him on a pending probation warrant. Rodriguez ran from the officers when they ordered him to stop. Officers apprehended him when he fell during the chase. The officers found a .22 caliber pistol underneath Rodriguez and recovered approximately one ounce of methamphetamine from him.
At the time of his arrest, Rodriguez wore a blue bandana around his ankle, an article of clothing that gang members use to demonstrate their affiliation with the Sureños 13 gang. He also had been convicted of numerous felonies in North Georgia, including attempted robbery, street gang activity, and terroristic threats. Following his arrest, investigators seized a sawed-off shotgun and shotgun shells from a bedroom that Rodriguez shared with his girlfriend. The serial number on the sawed-off shotgun had been removed.
Florencio Rodriguez, also known as “Cheeto,” 29, of Dalton, Georgia, was sentenced by U.S. District Judge Steven D. Grimberg to 15 years in prison, followed by three years of supervised release.
The Federal Bureau of Investigation and Dalton Police Department investigated the case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Theodore S. Hertzberg prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Cozad, Nebraska, Man Sentenced for Being an Illegal Alien in Possession of a FirearmRead the Press Release
United States Attorney Joe Kelly announced that Roque Gonzalez-Segura, 30, of Cozad, Nebraska, was sentenced today to 30 months in prison by United States District Judge Robert F. Rossiter, Jr. for being an alien in possession of a firearm. There is no parole in the federal system. In addition to his prison term, he will serve two years of supervised release following his release from prison.
On November 15, 2018, Gonzalez-Segura went into the Cozad Police Department and told them that he was involved in a shooting in Lexington, Nebraska, a couple days prior. The officer observed a bulge in the jacket pocket of Gonzalez-Segura. A pat-down search was conducted and a 9mm handgun was found. Gonzalez-Segura is an illegal alien and prohibited from possessing firearms.
This case was investigated by the Lexington Police Department, the Cozad Police Department, Nebraska State Patrol, and Homeland Security Investigations.
Council Bluffs Man Sentenced for Firearm OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on March 12, 2020, Jordan James Collier, age 31, of Council Bluffs, was sentenced by United States District Court Senior Judge James E. Gritzner for Prohibited Person in Possession of a Firearm. Collier was sentenced to 84 months in prison to be followed by three years of supervised release.
The sentencing was the result of an investigation which began with a call from the American Inn in Council Bluffs regarding a firearm located in a patron’s room. Upon arrival, officers entered the room and located a black and silver, .32 caliber revolver on the bed along with drugs and drug paraphernalia. The defendant was contacted as he returned to the hotel room and it was determined he had previously been convicted and sentenced in the Southern District of Iowa for the crime of Possession of an Unregistered Firearm, making his possession of firearms or ammunition illegal.
This matter was investigated by the Council Bluffs Police Department and Southwest Iowa Narcotics Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Contractor Sentenced to More Than 3 Years in Prison for Paying Bribes to South Suburban MayorRead the Press Release
CHICAGO — A federal judge in Chicago has sentenced a contractor to more than three years in prison for paying bribes to the mayor of Markham to maintain and expand business with the south suburb.
MICHAEL JARIGESE, 67, of Frankfort, was convicted last year on nine counts of wire fraud and one count of bribery. The jury also convicted Mokena-based TOWER CONTRACTING LLC on the same charges. Jarigese was Tower’s president when he paid more than $80,000 in bribes to Markham Mayor DAVID WEBB JR. to maintain contracting work and obtain future business from the city. To conceal the bribes, Jarigese provided Webb with a false invoice and used coffee cups to hide cash payments. In exchange for the money, Webb took official action that benefited Jarigese and Tower, such as helping to award the company a multi-million dollar construction project.
U.S. District Judge Robert W. Gettleman on Thursday sentenced Jarigese to three years and five months in prison. Judge Gettleman fined Tower Contracting $1.2 million and sentenced it to four years of probation.
The sentences were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; and Kathy A. Enstrom, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. The U.S. Securities and Exchange Commission provided valuable assistance.
“By bribing Webb, Jarigese rigged the system, ensuring that Tower’s uncompetitive and unchallenged proposals were the only option presented to the Markham City Council,” Assistant U.S. Attorneys Steven J. Dollear, Heather K. McShain and Georgia N. Alexakis argued in the government’s sentencing memorandum. “Markham did not get the best value for each of the construction projects completed by Tower; instead, they were subject to a corrupt relationship between Jarigese, Tower, and Webb.”
Webb, who served as mayor of Markham from 2001 to 2017, pleaded guilty prior to trial and admitted participating in the scheme. Webb’s sentencing has not yet been scheduled.
A fourth defendant, THOMAS SUMMERS, owner of an Alsip-based sewer business, was tried separately and convicted last year of making false statements to the FBI and IRS. Summers is set to be sentenced by Judge Gettleman on April 28, 2020.
Clearwater Man Indicted for Causing an Overdose and A Death, Then Disposing of the BodyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an eight-count superseding indictment charging Sherman Michael Puckett (32, Clearwater) with one count of conspiring to distribute controlled substances, three counts of possessing controlled substances with the intent to distribute them, one count of distributing a controlled substance that caused death to its user, one count of distributing a controlled substance that caused serious bodily injury to its user, one count of using a property for the purpose of distributing controlled substances, and one count of obstructing justice. If convicted on all counts, Puckett faces a maximum penalty of life in federal prison. The superseding indictment also notifies Puckett that the United States intends to forfeit any assets that are traceable to proceeds of the offenses.
According to the superseding indictment, from at least July 23, 2018, through September 17, 2019, Puckett conspired with others to distribute fentanyl, fentanyl analogues, heroin, and methamphetamine. On July 23, 2018, law enforcement officers found Puckett in possession of fentanyl, acetylfentanyl, heroin, methamphetamine, and hydromorphone under circumstances that indicated he had intended to distribute these controlled substances to others. On September 6, 2018, law enforcement officers found Puckett in possession of fluoroisobutyryl fentanyl, heroin, and methamphetamine under circumstances that indicated he intended to distribute these controlled substances to others. In September 2018, Puckett distributed a substance that contained heroin, as well as fentanyl or a fentanyl analogues to T.W., who suffered serious bodily injury when she used the substance. From December 5 to December 8, 2018, Puckett maintained a hotel room for the purpose of distributing controlled substances to others. On December 7, 2018, Puckett distributed methamphetamine to S.C., who died from using the drug. Puckett then obstructed justice by disposing of evidence related to S.C.’s death, including her body. On September 17, 2019, law enforcement officers arrested Puckett and found him to be in possession of fluoroisobutyryl fentanyl, heroin, and methamphetamine under circumstances that indicated he intended to distribute these controlled substances to others.
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 Drug Enforcement Administration, the Department of Homeland Security, Homeland Security Investigations, the Pinellas County Sheriff’s Office, and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Mike Gordon.
Citizen of Jamaica with Criminal History Sentenced to 46 Months for Illegally Reentering U.S.Read the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that PAUL FITZGERALD WILLIAMS, 54, a citizen of Jamaica last residing in Hartford, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 46 months of imprisonment, followed by three years of supervised release, for illegally reentering the U.S. after being deported.
According to court documents and statements made in court, in June 1996, Williams, who has never held legal status in the U.S., was removed to Jamaica after sustaining multiple state convictions, including convictions for drug and firearm offenses. Williams illegally returned to the U.S. and, using an alias, was arrested in June 1999 in New Britain for narcotics trafficking offenses. He was subsequently convicted in state court of multiple narcotics sale offenses and sentenced to 10 years of incarceration. He was also convicted in federal court of one count of distribution of crack cocaine and one count of reentry of removed alien and, in December 2000, was sentenced to 100 months of imprisonment, to be served concurrently with his state sentence. Following his release from prison, Williams was removed to Jamaica in April 2008.
Williams has been detained since February 8, 2019, when he was arrested by Hartford Police after a traffic stop on a charge of interfering/resisting arrest. On December 19, 2019, he pleaded guilty to illegal reentry of a removed alien.
Williams has 12 serious prior convictions and has used approximately 16 aliases and 12 dates of birth in his prior offenses.
This matter was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. The case was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Boston Man Convicted of Armed Robbery of Brockton Cellular Phone Store and Shooting at PoliceRead the Press Release
BOSTON – A Boston man was convicted yesterday by a federal jury in relation to an armed robbery of a T-Mobile store in Brockton, where multiple gunshots were fired at Brockton Police Officers during a high-speed chase.
A jury convicted Diovanni Carter, 30, of Boston, yesterday of conspiracy to commit a robbery affecting interstate commerce, robbery affecting interstate commerce, and use and carrying, brandishing and discharge of a firearm during and in relation to the robbery. U.S. District Court Judge Allison Burroughs scheduled sentencing for July 7, 2020.
According to the trial testimony, on Jan. 26, 2019, Diovanni Carter orchestrated a plan with three other men to rob a T-Mobile store in Brockton. Diovanni Carter drove the group from Boston to Brockton. When they arrived, the three men went into the store carrying semi-automatic firearms that they pointed at the store manager, demanding cash and electronics, while Diovanni Carter waited in the getaway vehicle. During the robbery, the store manager was struck in the head with the firearm. The three men stole approximately $25,000 in cash and electronics, left the store, and entered the getaway vehicle driven by Diovanni Carter.
Brockton Police responded and located the getaway vehicle. A high speed chase ensued through residential neighborhoods reaching speeds of over 70 mph. During the chase, Diovanni Carter ordered the other men in the car to fire their weapons at the pursuing police cruisers as part of their effort to escape. In total, at least eight rounds were fired at the police. The suspects then abandoned the car nearby and ran on foot.
During the search by law enforcement, the stolen phones and cash and the three firearms used in robbery were recovered. Darius Carter, Stephan Rosser-Steward and a third man were apprehended shortly after the robbery. They were wearing clothes consistent with those worn in store video surveillance. Diovanni Carter was not apprehended that night.
Through the investigation, a warrant was obtained for Diovanni Carter’s arrest, and he remained a fugitive from state charges until March 5, 2019, when he was apprehended.
The charge of interference with commerce by robbery provides for a sentence of up to 20 years in prison, five years of supervised release and a fine of up to $ 250,000. The charge of being a felon in possession of ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of use of a firearm during the commission of a crime of violence provides for a sentence of up to life in prison, and a mandatory consecutive term of imprisonment ranging from: five years for the possession of a firearm, seven years for the brandishing of a firearm and 10 years for the discharge of a firearm. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Christopher S. Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy Cruz; Plymouth County Sheriff, Joseph D. McDonald, Jr.; and Brockton Police Chief Emanuel Gomes, made the announcement. AUSA Glenn MacKinlay Chief of Lelling’s Organized Crime and Gang Unit and AUSA Philip Mallard of the Organized Crime and Gang Unit prosecuted the case. Members of the Quincy Police and Boston Police also provided valuable assistance to the investigation.
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Boca Raton Man Sentenced on Federal Child Pornography ChargesRead the Press Release
WEST PALM BEACH – Today, U.S. District Court Judge Robyn Rosenberg sentenced Brian Sigouin, 33, on one count of receipt of child pornography, and three counts of possession of child pornography. Judge Rosenberg sentenced Sigouin to a prison term of 97 months, followed by 15 years of supervised release. Sigouin must also pay restitution to the victims in the amount of $36,000.
Sigouin previously pled guilty to these charges on January 2, 2020. Sigouin admitted that from 2016 through 2018, he accessed peer-to-peer networks to obtain images and videos of child pornography. Those images and videos included pre-pubescent children engaged in forced sexual acts.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation, (FBI), Miami Field Office, made the announcement.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Fajardo Orshan commended the investigation efforts of the FBI and FBI Miami’s Child Exploitation Task Force. This case was prosecuted by Assistant U.S. Attorney Gregory Schiller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Beltsville Man Convicted After Federal Jury Trial for Narcotics Distribution and Sex Trafficking Conspiracies and Related ChargesRead the Press Release
Greenbelt, Maryland – A federal jury has convicted Kenneth Wayne Hart, a/k/a Redds, Wayne Hawkins, Hawk, Big Daddy, Billy Reds, and Bill Red Hart, age 58, of Beltsville, Maryland, on federal charges of conspiracy to distribute and possess with intent to distribute narcotics; a sex trafficking conspiracy; sex trafficking by force, fraud, and coercion; and witness tampering. The verdict was returned late on March 12, 2020.
The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to the evidence presented at his seven-day trial, beginning in December 2016 and continuing until April 2017, Hart conspired to distribute narcotics and with a co-conspirator ran a prostitution business using force, threats, fraud, and coercion to cause women to engage in commercial sex acts. The evidence proved that Hart recruited women to engage in commercial sex acts in Maryland and Washington, D.C. Hart transported, photographed, and advertised the victims for commercial sex on websites set up for that purpose. According to trial testimony, Hart also supplied the victims with heroin and crack cocaine on a daily basis and threatened to withhold—and did withhold—the narcotics if the victims displayed any sign of disobedience or tried to leave the locations where the commercial sex acts occurred. According to trial evidence, in order to maintain control over the women he recruited to prostitute, Hart demanded that the women surrender to him their personal belongings, including identification cards, credit cards, cash, clothing, and cellular phones, and confiscated their earnings from the commercial sex acts. Hart also used physical force, threatened physical force, and verbally abused the victims to force them to engage in prostitution against their will.
The jury also found that the evidence proved that Hart used physical force and threatened physical force to prevent an individual from communicating to a law enforcement officer information related to the commission or possible commission of a federal offense.
Hart faces a maximum sentence of 20 years in federal prison for the drug distribution conspiracy; a maximum of life in federal prison for the sex trafficking conspiracy; a mandatory minimum sentence of 15 years in federal prison and a maximum of life in prison for each of two counts of sex trafficking by force, fraud, and coercion; and up to 30 years in federal prison witness tampering. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. U.S. District Judge Peter J. Messitte has scheduled sentencing for July 8, 2020 at 9:30 a.m.
The sex trafficking charges were investigated by the FBI-led Maryland Child Exploitation Task Force (MCETF), created in 2010 to combat child prostitution, with members from10 state and federal law enforcement agencies. The Task Force coordinates with the National Center for Missing and Exploited Children and the Maryland State Police Child Recovery Unit to identify missing children being advertised online for prostitution.
MCETF partners with the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
United States Attorney Robert K. Hur commended the ATF, FBI, and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jennifer R. Sykes and Daniel C. Gardner, who are prosecuting the case.
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Beatrice Woman Convicted for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Ashley A. Bartels, 22, of Beatrice, Nebraska, was sentenced today in Omaha by Senior United States District Judge Laurie Smith Camp to 7 years’ imprisonment after having entered a plea of guilty to conspiracy to distribute and possess with intent to distribute methamphetamine. There is no parole in the federal system. After her release from prison, Bartels will serve a five-year term of supervised release.
Agents with the United States Marshals Service, Nebraska State Patrol, Gage County Sheriff’s Department, Beatrice Police Department and Lincoln Police Department were involved in investigating substantial methamphetamine activity in the Gage County area. Their investigation led to a conspiracy involving Bartels, Candace Burr, and Charles Burr from November 2016 through September 2017. In particular, Bartels was involved from approximately June of 2017 through September 2017 and was responsible for more than 80 ounces of methamphetamine being distributed in the area.
Area man gets 35 years for sex trafficking adult women by forceRead the Press Release
HOUSTON – A 29-year-old former Katy resident has been ordered to prison for conspiring to compel three adult women to engage in sex trafficking by means of force and violence in Houston and other locations across the country, announced U.S. Attorney Ryan K. Patrick.
Marquis Holmes aka Goldie pleaded guilty June 13, 2019, to one count of conspiracy to engage in sex trafficking by means of force, fraud and coercion; two counts of transportation to engage in prostitution; and two counts of enticing and coercing another to travel in interstate commerce for prostitution.
Today, U.S. District Judge Sim Lake sentenced Holmes to 420 months for the conspiracy as well as 120 months and 240 months for the transportation and enticement convictions, respectively. The sentences will all run concurrently for a total 420-month-term of imprisonment. The court also heard from one of Holmes’ victims who described how he forced her to earn $1500 per day or suffer severe consequences. She described how Holmes physically assaulted her, which included kicking and whipping her repeatedly with a thick belt in order to exert his control. She said Holmes was amused during moments when he would physically assault her. The victim also detailed the paranoia, fear and depression she suffered for years after leaving Holmes.
In handing down the sentence, the court noted the heinous and violent nature of Holmes’ crimes. He will serve 20 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Holmes will also be ordered to register as a sex offender.
From June 2015 until his arrest in March 2018, Holmes scoured social media websites to recruit women, often under false pretenses, to work as prostitutes for him. Under threat of violence and actual violence, Holmes prostituted two of these women in Houston and Austin; New Orleans, Louisiana; Memphis, Tennessee; Pittsburgh, Pennsylvania; Mississippi; Alabama; South Carolina and other locations across the country. Holmes coerced the women to pose for pictures used in online advertisements for sex and to engage in commercial sex acts for money. Holmes collected all the money the women earned.
On March 30, 2018, authorities arrested Holmes, at which time they rescued a third victim whom he had kidnapped in his residence along with her infant child. While raping her daily, Holmes forced her to solicit commercial sex dates along the 1.3 mile stretch of Bissonnet Street, commonly referred to as “The Track,” while he kept close tabs on her and her infant child. If she did not meet the monetary quota Holmes had set, he beat her and deprived her of food.
Holmes has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Human Trafficking Rescue Alliance (HTRA) conducted the investigation.
HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.
Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.
Assistant U.S. Attorneys Sebastian Edwards and Carrie Wirsing prosecuted this case.
Another former federal detention center employee indicted for briberyRead the Press Release
McALLEN, Texas – A 21-year-old resident of Weslaco and former employee of the East Hidalgo Detention Center has been taken into custody, announced U.S. Attorney Ryan K. Patrick.
A McAllen grand jury returned an indictment March 10 charging Amber Estrada. She is expected to make her initial appearance March 16 at 11:30 a.m. before U.S. Magistrate judge Peter E. Ormsby.
According to the charges, federal authorities discovered various forms of contraband approximately January 2019 in the East Hidalgo Detention Center, a correctional facility under contract with the U.S. Marshals Service. The indictment alleges Estrada accepted things of value in exchange for bringing contraband into the detention center while employed as a correctional officer.
She is no longer employed at the facility.
Six others have also been charged related to crimes committed while employed at the East Hidalgo Detention Center.
If convicted, Estrada faces up to 15 years in federal prison as well as a possible $250,000 maximum fine.
The U.S. Marshals Service, Department of Justice - Office of Inspector General and FBI conducted the joint investigation.
Assistant U.S. Attorneys Patricia Cook Profit and Amy L. Greenbaum are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Nancy D. Freudenthal sentenced LESLIE JANAE ROMERO, 38, of Colorado Springs, Colorado on March 11, 2020 for conspiracy to distribute methamphetamine. Romero was arrested in Fort Collins, Colorado. She received seventy-six months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $400.00 and a $100.00 special assessment.
This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Cheyenne Police Department, the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Aberdeen Woman Indicted for Distributing OxycodoneRead the Press Release
United States Attorney Ron Parsons announced that an Aberdeen, South Dakota, woman has been indicted by a federal grand jury for Distribution of Oxycodone.
Sheila Salas, age 55, was indicted on December 10, 2019. She appeared through counsel before U.S. Magistrate Judge Mark A. Moreno on March 13, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in federal prison and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 7, 2018, Salas knowingly and intentionally distributed a prescription drug containing oxycodone in Aberdeen, South Dakota. The male victim, to whom Salas unlawfully distributed the oxycodone, suffered a fatal overdose the same day.
The charge is merely an accusation and Salas is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Aberdeen Police Department. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Salas was released on bond pending trial. A trial date has not been set.
A Female Charged with Illegal Purchase and Transfer of FirearmsRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced, a federal grand jury returned an indictment against Hanna N. DeCicco (age 22) of Milwaukee with Making a False Statement to a Federal Firearms Dealer, in violation of Title 18, United States Code, Section 922(a)(6) and 924(a)(2) on July 10, 2019.
DeCicco is charged with one count of being a straw purchaser of firearm. She knowningly made a false and fictitious that she was the actual buyer of the firearm, when in fact, she was acquiring the firearm for someone else. DeCicco faces a maximum of ten years of imprisonment, three years of supervised released, and a $250,000 fine.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
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; 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.
This case was investigated by the Milwaukee Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case is being prosecuted by Assistant United States Attorney Benjamin A. Wesson.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which time the government must prove guilt beyond a reasonable doubt.
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Public Information Officer Kenneth Gales 414-297-1700
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17 Defendants Indicted for $10 Million Conspiracy to Distribute 1,000 Kilos of MethRead the Press Release
KANSAS CITY, Mo. – A total of 17 defendants, primarily from the Kansas City metropolitan area, have been indicted for their roles in a nearly $10 million conspiracy to distribute almost 1,000 kilograms of methamphetamine.
Fahrudin F. Fejzic, also known as “Frank,” 48, Steven M. Lyons, also known as “Pops,” 60, Shelly Marie Exton, 38, Mary L. Corona, 38, and Jesus Banuelos Jr., 21, all of Kansas City, Missouri; Jessica E. Ashworth, also known as “Barbie,” 30, of Kansas City, Kansas; Justin D. Warren, 31, and Crystell A. Smith, 34, both of Independence, Missouri; John W. Tatom, 48, of Leavenworth, Kansas; and Lesley A. Wilkerson, 45, of Clinton, Missouri, were charged in a 44-count second superseding indictment that was returned under seal by a federal grand jury in Kansas City, Missouri, on Wednesday, March 11. That indictment was unsealed and made public today upon the arrests and initial court appearances of several defendants.
The second superseding indictment adds those 10 defendants to previous indictments that included seven additional defendants: Mirza Alihodzic, also known as “Poni Boi” and “Russian,” 34, a citizen of Bosnia residing in Kansas City, Missouri; Jason D. Rice, 42, Brandy N. Foster, 37, and Keith Dale Hughes, 48, all of Kansas City, Missouri; Michael B. Becher, 38, of Raytown, Missouri; Joshua A. Brown, 36, of Leavenworth; and Amy S. Janish, 44, of Lincoln, Missouri.
The federal indictment alleges that all of the defendants participated in a conspiracy to distribute methamphetamine from Sept. 1, 2018, to Nov. 5, 2019. The indictment also charges all of the defendants with a related money-laundering conspiracy.
The indictment also contains a forfeiture allegation, which would require payment of a money judgment representing all of the proceeds each defendant obtained as a result of the alleged drug-trafficking conspiracy. The forfeiture is based on a conservative street price of $2,300 for 226 grams (a half-pound) of methamphetamine and the total conspiracy distribution of nearly 979 kilograms (978,859 grams) of methamphetamine, totaling approximately $9,961,839.
In addition to the two conspiracy counts, Alihodzic is also charged with two counts of possessing firearms in furtherance of a drug-trafficking crime, illegally possessing a machine gun, two counts of possessing a stolen firearm, possessing an unregistered firearm, possessing a firearm with an obliterated serial number, and three counts related to distributing methamphetamine.
The indictment also charges various other defendants in the remaining counts with illegally possessing firearms and with possessing and distributing methamphetamine.
According to an affidavit filed in the original criminal complaint, Alihodzic made arrangements with a confidential source to pilot an airplane to California to purchase 40 kilograms of methamphetamine from a Mexican national who is wanted by federal law enforcement for drug trafficking. On Nov. 5, 2019 – the day of the trip – Alihodzic and the confidential source went inside Alihodzic’s residence. Federal agents heard popping noises similar to that of a firearm and the screaming sound of human voices. Investigators determined, based upon the safety of the individuals inside of the residence, to enter the residence. Alihodzic was taken into custody; no evidence of a violent act was immediately observed.
The affidavit also cites previous instances in which Alihodzic was confronted by law enforcement.
Law enforcement investigators were conducting surveillance at Alihodzic’s residence on Feb. 19, 2019. On that day, the affidavit says, investigators seized approximately six pounds of methamphetamine and two firearms, including an AK-47 type assault pistol with two high capacity magazines. Investigators also executed a search warrant at Alihodzic’s residence and seized additional methamphetamine and firearms. They also seized 18 firearms from Alihodzic’s vehicle, including a fully automatic machine gun, two sawed-off shotguns, and a stolen firearm.
Alihodzic was also involved in a shooting on July 5, 2019, in the area of 6th Street and Tracy Avenue in Kansas City, Missouri, according to the affidavit. Alihodzic was the driver of a Ford F250 pickup from which law enforcement officers seized two firearms. Officers also found a number of spent shell casings on top of the truck, in the street, and in a nearby residence’s front yard.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Bradley K. Kavanaugh and Special Assistant U.S. Attorney Sean T. Foley. It was investigated by the Kansas City, Mo., Police Department, the FBI, the Missouri State Highway Patrol, and the Mid-Missouri Drug Task Force.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.17 Alleged Members and Associates of MS-13 in San Francisco Charged Federally with Racketeering Conspiracy, Attempted Murder, Assault, and Weapons ChargesRead the Press Release
SAN FRANCISCO- A federal grand jury indicted 17 Bay Area residents for a broad range of racketeering crimes including RICO conspiracy, attempted murder, and assault, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. The Superseding Indictment handed down February 18, 2020 and unsealed today catalogues a litany of crimes allegedly perpetrated in and around the Mission District of San Francisco.
“San Francisco continues to suffer from gang violence and gang claims on our public spaces,” said U.S. Attorney Anderson. “I am grateful to the men and women of Homeland Security Investigations and the San Francisco Police Department for their professionalism and teamwork. San Francisco is safer when we all work together. We will oppose gang activity with professional law enforcement and vigorous prosecutions.”
“MS-13 gang members prey upon the communities they live in, committing the most heinous violent acts against their victims. The streets of San Francisco and the surrounding communities are safer when criminal gang members are held to account for their crimes,” said Special Agent In Charge King. “I’m proud of our agents’ exhaustive investigative work, together with the San Francisco Police Department and the U.S. Attorney’s Office, in bringing these subjects to justice. We also appreciate the law enforcement assistance with yesterday’s successful criminal arrests provided by the South San Francisco Police Department, the Mountain View Police Department and the San Mateo County Gang Intelligence Unit.”
According to the superseding indictment, the defendants were members of the transnational criminal organization MS-13. MS-13 operates in El Salvador, Honduras, Guatemala, Mexico, and at least 20 states in the United States. The superseding indictment describes how the 20th Street clique of MS-13 relies on crime to operate, including to avoid detection by law enforcement, to initiate new recruits, to enhance the reputation of the gang and individual gang members, to maintain control of drug distribution channels, and to intimidate people who might testify against or otherwise defy the gang.
In this case, the superseding indictment alleges 14 of the defendants conspired to engage in racketeering for the purpose of preserving the power, territory, reputation, and profits of the local MS-13 clique, known as MS-13 20th Street. The superseding indictment describes how MS-13 20th Street members bear tattoos, wear certain colors, and display gang signs to demonstrate allegiance to the clique. Also described in the superseding indictment is how the gang seeks to maintain control of drug “turf” by relying on robbery, extortion, and other violent crimes, including stabbings and shootings.
Listed in the superseding indictment are dates on which particular defendants allegedly committed crimes to further the purposes of the gang. For example, the superseding indictment alleges that, on September 16, 2016, defendants Alexis Cruz Zepeda, a/k/a Zorro, and Kevin Reyes Melendez, a/k/a Neutron, fired shots at a suspected gang rival. Cruz Zepeda and Reyes Melendez then fled the scene in a vehicle allegedly driven by Ronaldy Dominguez, a/k/a “Smokey,” who, after a high-speed chase, evaded police by driving the wrong way down the Vermont Street off ramp of Highway 101. The victim suffered five gunshot entry and exit wounds but survived. Similarly, the superseding indictment alleges that, on November 26, 2017, when MS-13 gang members attempted to extort cash and drugs from street dealers, defendant Elmer Rodriguez, a/k/a Gordo, shot a victim in the chest at close range with a 12-gauge shotgun. Documents filed by the government in the case include a memorandum arguing that the violent nature of the alleged crimes should be considered when the court makes decisions regarding pre-trial detention. The government’s filings include surveillance footage allegedly depicting an attack described in paragraph 26 of the superseding indictment. The video of the incident can be viewed at the following link: https://youtu.be/waUtxpqZEGM.
In all, the superseding indictment charges 10 crimes of violence allegedly perpetrated by the defendants. The charges pending against each defendant are as follows:
Defendant
Age
Charges
Maximum Statutory Penalty
ROGELIO BELLOSO ALEMAN
a/k/a “Smiley”
26
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
EDWIN ALVARADO AMAYA
a/k/a “Muerte”
22
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
FERNANDO ROMERO BONILLA
a/k/a “Black”
22
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
KENNETH CAMPOS,
a/k/a “Nesio”
30
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
EVERT
GALDAMEZ
CISNEROS
a/k/a “Talentoso”
22
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
LUIS VELIS DIAZ
a/k/a “Popa”
21
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
RONALDY DOMINGUEZ,
a/k/a “Smokey”
24
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
OSCAR ESPINAL
a/k/a “Chuy”
29
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
WILFREDO IRAHETA LANDAVERDE
a/k/a “Wally”
20
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
KEVIN REYES MELENDEZ
a/k/a “Neutron”
26
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Discharge of a Firearm During and in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)
Life in prison
(Mandatory minimum of 5 years (7 years if brandished, 10 years if discharged))
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
MISSAEL MENDOZA
19
Assault with a Dangerous Weapon in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
CHRISTIAN QUINTANILLA
19
Assault with a Dangerous Weapon in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
ELMER RODRIGUEZ
a/k/a “Gordo”
30
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Discharge of a Firearm During and in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)
Life in prison
(Mandatory minimum of 5 years (7 years if brandished, 10 years if discharged)
Fine of $250,000
MARVIN OSEGUEDA SARAVIA
a/k/a “Chiquis”
19
Assault with a Dangerous Weapon in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
KEVIN RAMIREZ VALENCIA
a/k/a “Delincuente”
22
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
ALEXIS
CRUZ
ZEPEDA
a/k/a “Zorro”
26
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Discharge of a Firearm During and in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)(1)
Life in prison
(Mandatory minimum of 5 years (7 years if brandished, 10 years if discharged))
Fine of $250,000
KEVIN GUATEMALA ZEPEDA
a/k/a “Mision”
23
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
The court also may order additional terms of supervised release, fines, and restitution. Nevertheless, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The defendants are scheduled to make initial federal court appearances before U.S. Magistrate Court Judge Jacqueline Scott Corley today at 11:30 a.m.
This case is being prosecuted by the Organized Crime Strike Force of the Office of the United States Attorney. The prosecution is the result of an investigation by HSI and the San Francisco Police Department.
Thursday 12 March 2020
Walterboro Gang Associate Found Guilty on Federal Gun ChargesRead the Press Release
Charleston, South Carolina --- Acting United States Attorney A. Lance Crick announced today that a federal jury convicted Quentin John Fishburne, a/k/a “Q”, 40, of Walterboro, on numerous firearms charges, including two counts of being a felon in possession of a firearm and one count of conspiracy to make false statements in connection with the purchase of a firearm.
Evidence presented to the jury showed that in March 2018, Officers with the Walterboro Police Department discovered a loaded .40 caliber pistol under Fishburne’s seat at a traffic safety checkpoint. At the time, Fishburne was on federal supervision following a 2017 conviction for aiding and abetting attempted murder in aid of racketeering. This conviction arose from a November 6, 2015, shooting in Colleton County, in which members and associates of Walterboro’s violent street gang disputed the outcome of an illegal car race and then attempted to rob a man holding money wagered on the race. Two men were shot, but authorities were not able to identify all of the shooters. Fishburne admitted to being an associate of the gang and driving another gang member from the scene of the shooting, and he received a time-served sentence.
Shortly after Fishburne was arrested with the .40 caliber pistol, his girlfriend, who had purchased the pistol from a Walterboro gun store, claimed that she had inadvertently left the gun in the vehicle Fishburne was driving. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) became suspicious, however, when they discovered that Fishburne had previously been arrested with another gun purchased by the same woman.
Additionally, ballistic analysis showed the gun discovered under Fishburne’s seat matched three .40 caliber shell casings recovered from the scene of the November 6, 2015, shooting involving the gang, the same shooting that led to Fishburne’s 2017 conviction.
Fishburne was also convicted of possessing another firearm purchased by the same girlfriend, which was recovered by deputies of the Colleton County Sheriff’s Office following a high speed chase involving Fishburne in 2014. In this incident, Fishburne fled from deputies and reached speeds of over 90 miles-an-hour on country roads while he and his passenger brandished handguns at the pursuing officer.
The jury heard testimony from the officers and deputies who recovered these firearms from Fishburne, the ATF special agent who uncovered the pattern of Fishburne’s girlfriend providing him with guns, and a South Carolina Law Enforcement Division (SLED) firearms expert who linked the .40 caliber pistol discovered with Fishburne in 2018 to shell casings from the November 6, 2015 shooting. The jury took only three hours to find Fishburne guilty on all charges.
Fishburne previously spent ten years in a Georgia prison after killing his 18-year-old cousin over a dice game when he was 14 years old.
Fishburne faces of maximum penalty of 25 years in federal prison. United States District Judge David C. Norton, who presided over the day-and-a-half long trial, will sentence him after receiving and reviewing a sentencing report prepared by the United States Probation Office.
The case was investigated by the ATF, SLED, the Walterboro Police Department, and the Colleton County Sheriff’s Office.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was also made possible by investigative leads generated from ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
Assistant United States Attorney Chris Schoen and Special Assistant United States Attorney Carra Henderson, both of the Charleston office, prosecuted the case.
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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.
Wakonda Man Charged for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Wakonda, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Ricky Bryan Giedd, age 50, was indicted on March 3, 2020. He appeared before Veronica L. Duffy on March 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $10 million fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Beginning at an unknown date and continuing to on or about February, 2020, in the District of South Dakota and elsewhere, Ricky Bryan Giedd, did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown, to knowingly and intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Giedd is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash is prosecuting the case.
Giedd was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Unlicensed Gun Show Dealers Plead Guilty to Firearms OffensesRead the Press Release
Three firearm vendors who operated at DFW gun shows have pleaded guilty to unlicensed dealing, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox. None of the defendants were conducting background checks on their buyers.
Raleigh Merriam Selby III, 56, Jack Don Sims, 57, and James Cary Bennett, 79, each pleaded guilty to engaging in the business of dealing in firearms without a license before Magistrate Judge Irma C. Ramirez Thursday morning.
“Today, we’re taking aim at unlicensed dealers who allow guns to fall into dangerous hands,” said U.S. Attorney Erin Nealy Cox. “I’m proud to bring this case under Project Guardian, the Attorney General’s gun violence reduction initiative. Hopefully, these pleas send a message to would-be offenders: If you violate federal firearms laws, you will be held accountable for the guns you’ve illegally injected into our communities.”
“Engaging in the business of selling firearms without a license circumvents regulations designed to identify prohibitors such as felony offenses, dishonorable discharge from military service or substance abuse," stated ATF Special Agent in Charge Jeffrey C. Boshek II. “The firearms transfers made by Mr. Bennett, Mr. Selby and Mr. Sims undermine community safety and hinder the investigation of firearms recovered at crime scenes.”
Federal law requires that dealers engaged in the business of dealing firearms – defined as repeatedly devoting time and attention to purchasing and reselling guns for monetary gain – obtain Federal Firearms Licenses and run background checks on potential buyers. (Hobbyists who sell weapons in one-off private transactions are not required to be licensed or to run background checks.)
According to plea papers, Mr. Bennett, Mr. Selby, and Mr. Sims were caught engaging in the business of selling firearms without a license during an undercover investigation at several Dallas-area gun shows, including Big Town in Mesquite, Will Rogers Coliseum in Fort Worth, and Market Hall in Dallas.
None of them entered potential buyers into the National Instant Criminal Background Check System, NICS.
The defendants admit that many of the guns they sold ended up in the hands of prohibited persons, including a man convicted of drug dealing and another convicted of willful cruelty to a child. Others were recovered at crime scenes, from California to Florida to Mexico.
Both Mr. Bennett and Mr. Sims admit they explicitly promoted that sales at their booths involved “no paperwork” – in other words, no background check. Mr. Bennett even admits that he dealt in .380 caliber pistols, “preferred firearms for trafficking to Mexico.”
Each defendant now faces up to five years in federal prison.
The Bureau of Alcohol, Tobacco, Firearms, & Explosives conducted the investigation. Assistant U.S. Attorneys Brian McKay and Damien Diggs are prosecuting the cases, brought under Project Guardian, the Justice Department's signature initiative to reduce gun violence and enforce federal firearms laws.
Two San Gabriel Valley Residents Arrested in Marriage Fraud SchemeRead the Press Release
LOS ANGELES – As part of a multistate investigation, two San Gabriel Valley residents were arrested this morning on federal charges that allege they orchestrated a scheme in which Chinese nationals paid up to $60,000 to enter into sham marriages with United States citizens in the hope of obtaining lawful permanent resident status – commonly called getting a “Green Card” – that would allow them to legally reside in the United States.
In addition to the two Los Angeles-area residents, special agents with Homeland Security Investigations (HSI) arrested two Chinese nationals who each paid tens of thousands of dollars to enter into sham marriages with United States citizens to obtain Green Cards. The United States citizens in these situations were actually undercover HSI agents.
The criminal complaint that led to the arrests outlines how the sham marriages were arranged and how the participants were coached to make their marriages appear legitimate. Specifically, the arrangers recruited United States citizens to enter into marriages with Chinese nationals, and then they filed immigration documents with United States Citizenship and Immigration Services (USCIS). The arrangers coached the Chinese nationals and United States citizens on how to make their marriages appear genuine and pass interviews conducted by the USCIS, such as by creating a fraudulent paper trail for the couples and memorizing answers to questions immigration service officers could ask during their USCIS interviews.
The four defendants arrested Thursday morning are:
- Xiulan “Cindy” Wang, 46, of San Gabriel, the owner of Pacific Bizhub Consulting;
- Chang Yu “Andy” He, 54, of Monterey Park, the owner of Fair Price Immigration Service, who was taken into custody in San Diego County;
- Zhongnan Liu, 33, of San Diego, who allegedly paid for a sham marriage; and
- Huanzhang Wu, 28, of Saint Paul, Minnesota, who also allegedly paid for a “marriage” to obtain a Green Card.
A fifth defendant in this case is currently a fugitive being sought by authorities.
According to the affidavit in support of the criminal complaint, in the course of arranging the sham marriages involving the undercover HSI agents, He coached the “couples” on how to make their relationships appear legitimate to bypass U.S. immigration laws. He allegedly instructed them to obtain joint bank accounts and joint apartment leases, keep clothes in the apartments where the couples supposedly lived together, and visit the apartment several days a week so the neighbors would see them together.
The affidavit describes how the defendants went to considerable lengths to make the unions appear real. For example, He arranged one “marriage” ceremony at the Chapel of Love inside The Mall of America where Wu and an undercover agent took their wedding vows and swore under oath that the information they provided on their marriage license was true and accurate. After the ceremony and before leaving the mall, He paid the undercover agent $10,000, and then Wu and the undercover agent proceeded to file the marriage certificate with the county clerk.
The investigation in this case began in March 2017 based on information provided by an anonymous source. Law enforcement authorities believe the defendants’ clients learned about the service through word of mouth or from advertisements in Chinese newspapers.
Wang made her initial appearance this afternoon in United States District Court in Los Angeles, and she was ordered released on a $100,000 bond. Wang’s arraignment was scheduled for April 9.
Wu appeared earlier today in the District of Minnesota, where he was ordered detained pending further proceedings there on Monday. He and Wu are expected to make their first court appearances Friday in federal court in San Diego.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
If they were to be convicted of the charge of conspiracy to commit marriage fraud, each defendant named in this case would face a statutory maximum sentence of five years in federal prison.
This case is the result of a three-year undercover investigation by the Los Angeles Document and Benefit Fraud Task Force, which is led by HSI and includes the U.S. Department of State’s Diplomatic Security Service, and USCIS’ Fraud Detection and National Security unit. The San Gabriel Police Department, the West Covina Police Department, and the Los Angeles County Registrar-Recorder/County Clerk assisted in the investigation.
This matter is being prosecuted by Assistant United States Attorneys Robert S. Trisotto and Jerry C. Yang of the Riverside Branch Office.
Two Indicted on Federal Charges Stemming from Twelve Robberies in Six CountiesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announces that a federal grand jury sitting in Greenville indicted two individuals on numerous robbery and firearm offenses, stemming from a string of armed robberies of local businesses across six counties in July of 2019.
JACOB EVANS, 23, of Gates, and JEQUAYVES BRITT, 19, of Sharpsburg, were each indicted on twelve counts of interference of interstate commerce by robbery and twelve counts of possession of a firearm in furtherance of a crime of violence. The indictment alleges that EVANS and BRITT robbed or attempted to rob twelve separate businesses in Nash, Wilson, Halifax, Edgecombe, Pitt, and Greene counties in July of 2019. In each instance, EVANS and BRITT are alleged to have possessed a firearm in furtherance of the robbery. If convicted, EVANS and BRITT face penalties of up to life imprisonment.
These cases are 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. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted 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.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The charges and allegations contained in the Indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
Rocky Mount Police Department, Wilson Police Department, Roanoke Rapids Police Department, Greenville Police Department, Sharpsburg Police Department, Pine Tops Police Department, Wilson County Sheriff’s Office, Greene County Sheriff’s Office, North Carolina State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigations in this matter. Assistant United States Attorney J.D. Koesters is prosecuting the case for the government.
Two Cherry Creek Men Charged with Murder, Asault, and Tampering with EvidenceRead the Press Release
United States Attorney Ron Parsons announced that two Cherry Creek, South Dakota, men have been indicted by a federal grand jury for Second Degree Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Tampering with Evidence.
Jerome White Horse, Jr., age 60, was indicted on March 9, 2020, for Second Degree Murder, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Samuel White Horse, age 31, was indicted on March 9, 2020, for Second Degree Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Tampering with Evidence. They both appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 12, 2020, at Cherry Creek, South Dakota, Jerome and Samuel assaulted and, with malice aforethought, murdered a male victim by beating him with a garden hoe. Samuel later concealed the garden hoe with the intent to impair its availability for use in and obstruct the criminal investigation. Jerome is Samuel’s father.
The charges are merely accusations and Jerome and Samuel are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Jerome and Samuel were both remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 5, 2020.
Two Charged in Connection with Drug Activity at 50 Central Street, Brattleboro, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on March 11, 2020, Matthew Sinclair, 24, and Jorge Delaoz, 51, were arrested and charged with violations of the federal Controlled Substances Act in connection with drug activity at 50 Central Street in Brattleboro, Vermont.According to Court records, Sinclair and Delaoz engaged in drug transactions in January and February, selling cocaine base to a confidential informant inside the apartment located at 50 Central Street. During one of the controlled purchases, Sinclair was observed cooking cocaine base on the stove in the kitchen of the apartment. On the morning of March 12, 2020, detectives with the Vermont Drug Task Force executed a search warrant at the premises. Delaoz attempted to flee by jumping out of a second-story window of the residence. Delaoz was found in possession of suspected cocaine base and heroin at the time of his arrest. Sinclair was located in the bathroom of the residence, and was attempting to flush approximately 37 grams of cocaine base down the toilet. A search of the room out of which Delaoz jumped revealed a Taurus .380 caliber pistol in close proximity to a set of car keys for Sinclair’s vehicle.
The case is being investigated by the Vermont State Police Southern Vermont Drug Task Force and the Federal Bureau of Investigation.
The defendants made their initial appearance on March 11, 2020 before U.S. Magistrate Judge John M. Conroy, and were ordered detained pending a detention hearing on March 16, 2020.
If convicted, Delaoz and Sanchez each face up to twenty years of imprisonment on each charge. The actual sentences, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges contained in the complaints are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Matthew Sinclair is represented by Stephanie Greenlees, Esq. Jorge Delaoz is represented by Michael Straub, Esq.
Tangipahoa Man Indicted for Violating the Federal Controlled Substances Act and Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – AARON NAKEENEN WOMACK, a/k/a AARONE NAKEENAN WOMACK, 23, of Ponchatoula, LA, and SHAWANDA MCKAY, 50, of Independence, LA, were charged March 6, 2020, in a five-count indictment by a Federal Grand Jury with violating the Federal Controlled Substances Act, and witness tampering, announced U.S. Attorney Peter G. Strasser.
According to court records, WOMACK conspired to traffic more than 500 grams of methamphetamine in the Eastern District of Louisiana in February 2020, and possessed a firearm in furtherance of drug trafficking. If convicted, WOMACK faces a mandatory minimum term of imprisonment of at least 15 years and up to life, a fine of up to $10,000,000.00, and at least 5 years of supervised release following any term of imprisonment.
Furthermore, after WOMACK’s arrest, MCKAY threatened a witness in the investigation, in an attempt to influence, delay, or prevent the testimony of that witness. If convicted, MCKAY faces a term of imprisonment of up to 20 years, a $250,000 fine, and up to 3 years of supervised release following any term of imprisonment.
U.S. Attorney Strasser reiterated that the indictment is merely a charging document and that the defendants’ guilt must be proven beyond a reasonable doubt.
This case was investigated by the Homeland Security Investigations Border Enforcement Security Task Force, which is an initiative of the Gulf Coast High Intensity Drug Trafficking Area Task Force, with assistance from Customs and Border Protection Air and Marine Operations, Drug Enforcement Administration, Louisiana State Police, Hammond Police Department, Ponchatoula Police Department, St. Helena Parish Sheriff’s Office, Livingston Parish Sheriff’s Office, St. Tammany Parish Sheriff’s Office, and Tangipahoa Parish Sheriff’s Office. Assistant United States Attorney Paige O’Hale is in charge of the prosecution.
St. Clair County Man Indicted for Armed CarjackingRead the Press Release
St. Louis – A federal grand jury returned an indictment today against Keyshaun Jenkins, 19, of St. Clair County, Illinois, Missouri, on multiple criminal counts stemming from a February 28, 2020 carjacking.
According to court documents, on February 28, 2020, C.X. and C.G. were looking at the backup camera of C.X.’s Volkswagen Passat. While standing outside the car, Jenkins and another individual were wearing masks, all dark clothing and approached carrying handguns. One of the men struck C.X. in the side of the head with a gun and demanded his car keys, cell phone, and the password to his cell phone, which C.X. turned over. The other man pointed a gun at victim C.G. and demanded her cell phone and password. C.G. complied. The men got into C.X.’s Passat and drove away.
At the time of the carjacking, Jenkins was on supervised release at time for his prior conviction of possession of a stolen firearm. At the time of his arrest on March 4, 2020, Jenkins was carrying a bag which contained the key to C.X.’s Volkswagen Passat and other belongings of C.X.
Jenkins has been charged with one felony count of carjacking and one felony count of brandishing a firearm in furtherance of a violent crime. Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
If convicted, carjacking carries a penalty of not more than fifteen years and a fine of $250,000 and brandishing a firearm in furtherance of a violent crime carries a penalty of not less than seven years and no more than life and a fine of $250,000.
The St. Louis Metropolitan Police Department and the Federal Bureau of Investigation jointly investigating the case.
South Dakota Man Indicted on Gun and Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that a South Dakota man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Felon in Possession of a Firearm.
John Thin Elk, age 42, was indicted on March 3, 2020. He appeared before Veronica L. Duffy on March 6, 2020, and pled not guilty to the Indictment.
If convicted of Possession with Intent to Distribute a Controlled Substance, Thin Elk faces a mandatory 10 years, with a maximum penalty life, in custody and/or a $10 million fine, a mandatory period 5 years of supervised release, and $100 to the Federal Crime Victims Fund. The maximum penalty upon conviction for the Felon in Possession of a Firearm is up to 10 years in custody and/or a $250,000 fine, up to 3 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Thin Elk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
Thin Elk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
South Bend, Indiana Woman Sentenced to 10 Years in PrisonRead the Press Release
SOUTH BEND - Kayla Hampton, age 28, of South Bend, Indiana, was sentenced in South Bend before United States District Court Judge Jon E. DeGuilio to 120 months in prison for Conspiracy to Distribute Heroin, announced U.S. Attorney Thomas L. Kirsch II.
According to documents in this case, a group of individuals sold heroin between March 2017 through October 2017 in the South Bend and Mishawaka area. Members of the conspiracy shared cellphones to arrange heroin sales. Each would receive pre-packaged heroin from someone in the conspiracy, and then sell it to customers who called the cell phone. Hampton provided heroin and telephones to members of the group during part of those months, collected the proceeds from the sellers and occasionally sold heroin herself. Individual sellers routinely sold ten grams within a few hours or less. Hampton admitted she was responsible for distributing at least one kilogram of heroin, though the group was responsible for distributing over ten kilograms during the life of the conspiracy. Hampton was previously convicted of kidnapping, and she engaged in this heroin distribution conspiracy while awaiting sentencing in that case.
This case was investigated by the Drug Enforcement Administration with the assistance from the St. Joseph County Drug Investigations Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Joseph County Prosecutor’s Office, the Indiana State Police, and the Elkhart Police. Assistant United States Attorneys Joel Gabrielse and Molly Donnelly handled the case.
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Six Defendants Sentenced to Prison Terms for Running South Dade Drug Trafficking RingRead the Press Release
Miami, Florida -- U.S. District Judge Marcia G. Cooke sentenced six defendants, all from South Florida, to prison terms for their roles in an extensive drug trafficking operation located in Perrine, Florida. Their prison sentences are as follows:
- Tedrick King, 45, the leader of the drug ring, received 148 months.
- Wilhemnia Nottage, 35, received 20 months.
- Cory Evans, 28, received 30 months.
- Christopher McCollur (a/k/a “Block”), 32, received 48 months.
- Keyon Harris, 37, received 60 months.
- Jonis Webster (a/k/a “J.J.”), 39, received 18 months.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Kevin W. Carter, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Office, and Alfredo Ramirez III, Director, Miami-Dade Police Department (MDPD) made the announcement.
According to court records, from at least October 2018 through June 2019, Defendants ran a 24-hour, seven-day per week drug operation out of two locations in Perrine, Florida. In July 2019, law enforcement officers executed search warrants at the two locations and at the home of defendant King, the leader of the drug operation. They seized approximately 941 grams of cocaine, 221 grams of crack cocaine, 1006 grams of marijuana, and 145 grams of eutylone (which defendants sold as “Molly”).
Prior to receiving their prison sentences, each defendant pled guilty to his or her role in the drug trafficking operation.
This case is the result of ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
The case also involved the U.S. Attorney’s Office Violence Reduction Partnership (VRP) initiative. Through the VRP, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities throughout the Southern District of Florida.
U.S. Attorney Fajardo Orshan commended the FBI, DEA, and MDPD for their investigative efforts and the Miami-Dade State Attorney’s Office for its assistance. Assistant U.S. Attorney Cary O. Aronovitz prosecuted this case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Sioux Falls Man Charged with Possession of a Firearm by Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by Prohibited Person.
Vasiliy Vasilyevic Manuylo, age 25, was indicted on March 3, 2020. He appeared before Veronica L. Duffy on March 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about January 26, 2020, in the District of South Dakota, Manuylo, knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, and then being an unlawful user of and addicted to a controlled substance, did knowingly possess a firearm and ammunition, which had been shipped and transported in interstate commerce.
The charge is merely an accusation and Manuylo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Tamara Nash is prosecuting the case.
Manuylo was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 12, 2020.
San Clemente Agrees to Comply with Federal Law Stemming from Its Replacement of Two Bus Routes with Lyft Ridesharing ServiceRead the Press Release
LOS ANGELES – The City of San Clemente has entered into a settlement agreement with the United States to ensure that individuals with disabilities have equal access to its transportation program, the Department of Justice announced today.
Since October 2016, San Clemente has provided reduced-fare rides through the Lyft ridesharing service for persons along two discontinued bus routes. The Justice Department opened a compliance review to ascertain whether San Clemente’s Lyft program complied with the Americans with Disabilities Act (ADA). From October 2016 to March 2018, persons with disabilities who needed wheelchair-accessible vehicles could not use San Clemente’s Lyft program because it did not offer such vehicles.
The settlement agreement requires San Clemente to take several steps to ensure that its program complies with the ADA. Individuals with disabilities will have equivalent access to the program, including the abilities to reserve wheelchair-accessible vehicles.
Assistant United States Attorney Acrivi Coromelas of the Civil Division’s Civil Rights Section handled this matter.
For more information on the ADA or this settlement agreement, please call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA website at http://www.ada.gov.
This year marks the ADA’s 30th anniversary. The Department of Justice – including the U.S. Attorney’s Office – plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.
Repeat Sex Offender Who Possessed Child Pornography and Failed to Register as A Sex Offender Sentenced to Thirty Years in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Jason Matthew Zeller (42, Orlando) to 30 years in federal prison for receiving child pornography and for failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).
Zeller had pleaded guilty on October 28, 2019.
According to court documents, on December 16, 2009, Zeller was convicted in the 24th Judicial District Court in Jefferson Parish, Louisiana for possessing pornography involving juveniles. On January 5, 2010, Zeller was sentenced to a term of three years’ imprisonment. Zeller was also required to register as a sex offender following his release from prison.
On January 7, 2019, Zeller was located and arrested in Seminole County, Florida on a Louisiana fugitive warrant. At the time of his arrest, Zeller stated that he had been in the central Florida area for approximately a year and a half, and had been living in the woods in Longwood. Zeller also admitted to accessing the internet via a cellphone, in violation of his conditions of release. Zeller used the mobile device to access various internet applications, which law enforcement has identified as being used for the online exchange of child pornography.
A search and forensics analysis of the cellphone revealed 17 videos and more than 600 images of child pornography, including an image received on December 24, 2018. That image showed a young girl being raped by an adult male.
Following his sex offense conviction in Louisiana, Zeller had an obligation to register in Louisiana and in any state where he later resided. Zeller was supposed to register again in Louisiana on January 1, 2017, but never did because he had absconded. Zeller was supposed to appear in court in Louisiana on January 7, 2017, for a solicitation of a minor charge, but failed to appear.
On January 7, 2019, the United States Marshals Service located Zeller in Altamonte Springs, where he admitted to law enforcement that he had not registered as a sex offender in Florida. A search by law enforcement showed that Zeller neither updated his Louisiana registration with a Florida residence, nor registered as a sex offender in Florida, as required by SORNA.
This case was investigated by the Federal Bureau of Investigation and the United States Marshals Service. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Rapid City Woman Indicted on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Journey Austin, age 24, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 12, 2019, Austin knowing she was an unlawful user of and addicted to a controlled substance as defined in 21 U.S.C. 802, and knowing she had been convicted of a felony, knowingly possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce.
The charge is merely an accusation and Austin is presumed innocent until and unless proven guilty.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent crime.
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; 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.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Mike Elmore is prosecuting the case.
Austin was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted on Drug Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute Methamphetamine.
Daniel Roan Eagle, age 29, was indicted on January 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison, with a mandatory minimum of 5 years in prison, and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that on October 27, 2019, Roan Eagle did knowingly and intentionally possess with the intent to distribute 50 grams or more of methamphetamine in Todd County, on the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Roan Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Roan Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted on Domestic Assault by Habitual Offender, Child Abuse, and Meth ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender, Child Abuse, and Possession of a Controlled Substance With Intent to Distribute.
Alvin Bear Heels, Jr., age 45, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 7, 2019 and February 20, 2020, in Mellette County, South Dakota, Bear Heels unlawfully committed a domestic assault against a spouse or intimate partner and that, at the time of the domestic assault, Bear Heels had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner. The Indictment further alleges that at the same time and place, Bear Heels did abuse, expose, torture, torment, and cruelly punish two different children who had not attained the age of eighteen. The Indictment further alleges that in the district of South Dakota and elsewhere, Bear Heels knowingly and intentionally possessed with the intent to distribute methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Bear Heels is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Bear Heels was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Port Chester Narcotics and Firearms Trafficker Sentenced in White Plains Federal Court to 17 Years in PrisonRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CRISTIAN FERNANDEZ was sentenced to 204 months in prison for conspiring to distribute heroin and possessing firearms in furtherance of drug trafficking between 2017 and 2018. Fernandez pled guilty on December 5, 2019, before U.S. District Court Judge Vincent L. Briccetti, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Cristian Fernandez was a leader of a transnational criminal organization that trafficked illegal guns and drugs. Today he was handed the lengthy prison sentence his crimes deserve.”
According court filings and statements made at public court proceedings:
Between 2017 and 2018, FERNANDEZ led a transnational criminal organization that trafficked drugs and guns in Port Chester, New York, and other locations throughout the United States. FERNANDEZ received kilograms of heroin from a supplier in Mexico and headed a network of co-conspirators who helped distribute the drugs for profit in different parts of the United States.
In addition to trafficking drugs, FERNANDEZ also operated a firearms business, through which he sold and possessed at least six firearms, five of which were operable. In one transaction, on December 12, 2017, FERNANDEZ sold a 7.62 millimeter AK-type rifle with evidence of discharge in the barrel and a 20-gauge shotgun, both operable, along with nearly 450 grams of heroin mixed with fentanyl for the total price of $25,600.
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In addition to the prison term, FERNANDEZ, 45, of Port Chester, New York, was sentenced to five years of supervised release and ordered to forfeit $570,000, including $51,869 in cash that was seized from his residence on the day of his arrest.
Mr. Berman praised the outstanding investigative work of the FBI and the Port Chester Police Department. Mr. Berman also thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Westchester County Police Department, and the Peekskill Police Department for their assistance in this investigation.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Olga Zverovich and Samuel Adelsberg are in charge of the prosecution.
Pharmacist Sentenced to Three Years in Prison for Conspiring to Steal More than $4.5 Million in Prescription Reimbursements and for Unlawful Opioid Distribution and Agrees to Pay $300,000 to Settle False Claims Act LitigationRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Charles F. Kohlerman, IV, 50, of Media, PA, was sentenced to three years’ imprisonment and two years of supervised release by United States District Court Judge R. Barclay Surrick for one count of conspiracy to commit wire fraud and 14 counts of distributing and dispensing oxycodone outside the course of professional practice and not for a legitimate medical purpose. The Court further ordered the defendant to pay a special assessment of $1,500 and a forfeiture of $1.7 million. Kohlerman pleaded guilty to these criminal charges in September 2019.
The charges stem from Kohlerman’s role as a licensed pharmacist and the owner of Kohlerman Pharmacy. Kohlerman’s patients sought to fill prescriptions of brand-name Lipitor® and its generic equivalent, atorvastatin calcium. Regardless of their need, and often without their knowledge, Kohlerman enrolled the vast majority of these patients in Manufacturer One’s Lipitor Savings Card coupon program (the “Program”). Under the Program, Kohlerman billed a patient’s private insurance and then submitted a secondary claim to Manufacturer One for payment to his pharmacy in a scheme to defraud the Program.
In order to carry out his scheme, Kohlerman purchased a negligible quantity of brand-name Lipitor® for his pharmacy and significant quantities of its much cheaper generic equivalent. Kohlerman dispensed the generic equivalent in bottles with brand-name Lipitor® on the labels and then submitted claims to Manufacturer One for reimbursement for the brand-name drug that he neither purchased nor dispensed. To maximize his fraudulent returns, Kohlerman created fake prescriptions for Lipitor®—that neither he nor his pharmacy dispensed—and submitted claims for those fake prescriptions to the Program. Kohlerman also changed physician-issued, one-month supply prescriptions of Lipitor® to a three-month supply prescription to triple the fraudulent refund he would receive from Manufacturer One. Additionally, Kohlerman altered legitimate prescriptions that permitted generic substitution to require distribution of the brand name drug, all while he filled actual brand-only prescriptions with the generic equivalent. Kohlerman submitted false and fraudulent claims to Manufacturer One of $4,562,834.97 and was paid $1,696,566.22.
As part of his scheme, Kohlerman also submitted approximately 126 false and fraudulent Lipitor® claims to the Medicare program, approximately two false and fraudulent Lipitor® claims to the Medicaid program, and approximately 18 false and fraudulent Lipitor® claims to federal employee health benefits programs paid for by the Office of Personnel Management (OPM). Kohlerman was reimbursed $106,986.70 from Medicare, $2,686.60 from Medicaid, and $5,600.31 from OPM.
In addition to the wire fraud scheme, Kohlerman also ignored suspicious activity on 14 separate occasions and, in each instance, distributed or caused to be distributed 120 oxycodone 30 mg tablets to a purported pharmacy customer. The customer, however, was not the individual for whom the oxycodone was prescribed. Additional warning signs that Kohlerman ignored included: (1) the quantity of narcotics exceeded Center for Disease Control recommendations for standard medical usage; (2) both the customer and the purported patient lived over 45 minutes away from the pharmacy; (3) the purported patient’s prescribing physician practiced a similar distance away; (4) the purported patient never picked up his/her prescriptions in person and did not visit the pharmacy in person; and (5) the customer filled prescriptions on behalf of the purported patient before they were eligible for refills.
Finally, as part of a civil resolution, Kohlerman and Kohlerman Pharmacy have agreed to pay the United States $300,000.00 to resolve allegations under the False Claims Act, 31 U.S.C. §§ 3729 et seq., that both Kohlerman and the pharmacy submitted or caused the submission of approximately 146 false claims for Lipitor® when they had, in fact, substituted the generic equivalent for those claims. The civil allegations against Kohlerman Pharmacy are allegations only and there has been no finding of liability as to the pharmacy.
“Kohlerman put his own greed above his patients’ well-being,” said U.S. Attorney McSwain. “By changing patients’ legitimately prescribed medications, unbeknownst to them, Kohlerman pumped up the amount of money he could steal. By doing so, he ripped off the American taxpayer and private industry alike. Kohlerman’s self-interest is also reflected in his wanton distribution of illegal painkillers. This criminal sentence and civil resolution demonstrate the coordination between My Office’s Criminal and Civil Divisions and our Health Care Fraud Strike Force. We will use every weapon in our arsenal—criminal and civil—to prosecute medical professionals who put profits over the well-being of patients.”
Thomas W. South, Deputy Assistant Inspector General for Investigations, OPM OIG, said: “In addition to unethically changing patients’ prescriptions without their knowledge or consent, Mr. Kohlerman’s greed also endangered patients’ health through the careless prescription of opioids. The opioid crisis is fueled by corrupt providers that dispense and distribute narcotics outside the course of professional practice and for no legitimate medical purpose. OPM OIG will not tolerate those who put profits above the well-being of patients.”
“As a pharmacist, Kohlerman has a corresponding responsibility, similar to that of a doctor, to insure that prescriptions for controlled substances are filled for a legitimate medical purpose and within the course of professional practice,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “Kohlerman repeatedly ignored that responsibility by dispensing multiple prescriptions for powerful prescription painkillers such as oxycodone to people other than the patient named on the prescription, dispensed before they were eligible for refills, and for patients that lived over 45 minutes away from his pharmacy—all of which are indicative of illegal diversion activity.”
“Chuck Kohlerman used pharmacy patrons as pawns in his money-making scheme, soon adding phony prescriptions into the mix,” said Tara A. McMahon, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “All told, his litany of fraudulent claims netted nearly $2 million to which he wasn’t entitled. Add to that his reckless dispensing of addictive opioids, and it’s clear that the guiding principle here was greed. One of these days, medical professionals will get the message that health care fraud is a high priority for the FBI and we’re working every day to hold perpetrators accountable.”
“Kohlerman chose himself over his patients,” said Special Agent in Charge Maureen R. Dixon, Office of the Inspector General for the Department of Health and Human Services (HHS-OIG). “HHS-OIG and our law enforcement partners will continue to investigate and prosecute individuals who chose to enrich themselves at the expense of patients.”
The case was investigated by the Office of Personnel Management, Drug Enforcement Administration, Federal Bureau of Investigation, Health and Human Services Office of Inspector General, and the U.S. Marshals, and is being prosecuted by Assistant United States Attorney Paul J. Koob and Trial Attorney Adam G. Yoffie. Deputy Chief for Affirmative Litigation Charlene Keller Fullmer of the Eastern District of Pennsylvania is handling the parallel civil case.
Pensacola Compounding Pharmacy Owner Convicted in $4.8 Million Tricare Fraud and Money Laundering ConspiraciesRead the Press Release
PENSACOLA, FLORIDA – A federal jury in Pensacola has convicted Andrew E. Fisher, 34, of Gulf Breeze, of conspiring to use his pharmacy to defraud more than $4.8 million from TRICARE, a federal health care program for uniformed service members, retirees, and their families, and then laundering the money generated by the fraud. The guilty verdict, reached by the jury on Monday, was announced today by Lawrence Keefe, United States Attorney for the Northern District of Florida.
"This conspiracy stole from taxpayers at the expense of the health and well-being of heroes who willingly served our nation or supported loved ones as they did so," said U.S. Attorney Keefe. "This is a flagrant and shocking violation of the public trust, and this conviction proves we will not allow such actions to continue."
Fisher, the owner and operator of Physician Specialty Pharmacy (PSP) in Pensacola, was convicted of conspiracy to commit health care fraud and wire fraud and conspiracy to commit money laundering. Evidence at trial established that between October 2014 and December 2015, Fisher conspired with sales representative Michael Scott Burton and others to defraud TRICARE out of more than $4.8 million in fraudulent claims for prescription compounded pain cream, scar cream, and wellness vitamins. Fisher agreed to fill prescriptions at PSP from a doctor’s office in Georgia whose beneficiary information was provided by Burton and individuals working for him, knowing that these particular beneficiaries had never seen that doctor and the prescriptions were not based on a legitimate doctor-patient relationship. In exchange for recruiting TRICARE beneficiaries to receive the prescriptions, Burton received approximately 50% of the amount paid to Fisher in insurance reimbursements. Those commission payments were laundered in the form of large wire transfers and direct deposits into Burton’s bank account in Georgia.
"I am pleased by the results of the investigative team and the U.S. Attorney's office to bring justice to these individuals," said Special Agent in Charge Cynthia A. Bruce of the Defense Criminal Investigative Service Southeast Field Office. "The defendant in this case conspired to deprive the DoD of precious resources needed for the healthcare of DoD Families."
Evidence at trial also established that as part of the scheme, Fisher, who is not a licensed pharmacist, directed his pharmacist employees to use ingredient formulations for the drugs that would maximize the amount his pharmacy could bill to TRICARE – which was upwards of $10,000 to $17,000 per medication at the time – and other insurance companies without considering what was best for patient care. Fisher also directed Burton and his employees to tell beneficiaries not to worry about co-payments, in order to ensure that the beneficiaries would not decline receiving the medications over out-of-pocket cost. Because PSP was not a TRICARE network pharmacy, Fisher paid Burklow Pharmacy in Pace a commission of approximately 15% to allow PSP to bill TRICARE using Burklow’s network provider contract for prescriptions received, filled, and shipped at PSP, including ones Fisher knew were fraudulent. During the conspiracy, Fisher also purchased Jay Pharmacy in Jay, Florida, and used its existing insurance contracts with TRICARE and others to bill for fraudulent PSP prescriptions.
Five co-conspirators named in the indictment, including Burton, previously pled guilty in two related cases. Burton was sentenced to 96 months in prison, Bradley D. Pounds was sentenced to 21 months in prison, and Marie Ann Smith and Heather E. Pounds were sentenced to probation. Brad T. Hodgson is still awaiting sentencing. Fisher’s sentencing has been set for May 22, 2020, at 10:00 a.m.
Assistant United States Attorney Alicia H. Forbes prosecuted the case following a joint investigation by the Federal Bureau of Investigation, Defense Criminal Investigative Service, Florida Department of Law Enforcement, Florida Department of Financial Services-Bureau of Insurance Fraud, Florida Department of Health, Naval Criminal Investigative Service, and Army Criminal Investigative Command.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
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.
Pendleton County Man Sentenced to 37 Months for Possession of Firearm as Convicted FelonRead the Press Release
COVINGTON, Ky. - A Falmouth, Kentucky man, Charles E. Luke, 36, was sentenced to 37 months on Thursday, by U.S. District Judge David L. Bunning, for being a convicted felon in possession of a firearm.
Luke admitted that on July 27, 2019, he was stopped by police in Pendleton County. When the officers approached his vehicle, he placed a firearm in the glovebox. Luke further admitted that he knew he was a convicted felon and was not permitted to possess a firearm. Luke pleaded guilty in November 2019.
Luke had three prior felony convictions.
Under federal law, Luke must serve 85 percent of his prison sentence. Upon his release, Luke will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge for ATF, Louisville Field Office; and Commissioner Rodney Brewer, Kentucky State Police, jointly made the announcement.
The investigation was conducted by ATF and KSP. The United States was represented by Assistant U.S. Attorney Wade Napier.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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. Click here for more information about Project Guardian.
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.
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Orange County Men Arrested on Drug ChargesRead the Press Release
ALBANY, NEW YORK – Peter Mami, age 41, and James Taylor, age 32, both of Orange County, New York, were ordered detained yesterday after being arrested last week and charged with possessing with the intent to distribute 500 grams or more of cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
Both Mami and Taylor appeared yesterday before United States Magistrate Daniel J. Stewart and were ordered detained pending further proceedings. The criminal complaint filed against them alleges that, on March 2, 2020, they possessed with intent to distribute approximately two kilograms of cocaine. The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The charges filed against Mami and Taylor carry a minimum sentence of 5 years and a maximum sentence of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Ontario Man Pleads Guilty to Transporting Illegal AliensRead the Press Release
ALBANY, NEW YORK – Kumanaraj Thurairajah, age 44, pled guilty yesterday to transporting illegal aliens, announced United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Thurairajah, a Canadian citizen and a resident of Ontario, Canada, admitted that, on the morning of October 5, 2019, he was waiting in a parking lot outside of a hotel in Canton, NY. While he was waiting, a van dropped off six Indian nationals, all of whom had recently crossed into the United States illegally. The aliens entered Thurairajah’s van and they departed intending to travel to New York City. Thurairajah and his passengers were thereafter apprehended by United States Border Patrol Agents. As part of his guilty plea, Thurairajah admitted that he knew or recklessly disregarded the fact that the Indian nationals were unlawfully in the United States, and that he acted with the intent to further their unlawful presence.
Thurairajah faces up to 5 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release when he is sentenced by Senior Judge Lawrence E. Kahn on July 8, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Omaha Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Jason David Oetter, age 48, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possession with intent to distribute methamphetamine. United States District Court Judge Brian C. Buescher sentenced Oetter to 130 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Oetter will begin a five-year term of supervised release.
On April 29, 2019, officers with the Omaha Police Department observed Oetter sitting on a motorcycle. Officers were aware that Oetter had an active warrant and attempted to make contact. Oetter tried to flee on the motorcycle but wiped out. Oetter was taken into custody and had 93.6 grams of pure methamphetamine in his possession.
This case was investigated by the Omaha Police Department.
Okreek Man Indicted on Assault and Child Abuse ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation and Suffocation and Child Abuse.
Sheldon Denoyer, age 30, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 12, 2019, Denoyer unlawfully committed a domestic assault against his intimate partner, by strangling and suffocating her, and further did abuse, expose, torture, torment, and cruelly punish a minor child.
The charges are merely accusations and Denoyer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Denoyer was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
North Carolina Man Indicted for Extorting a St. Louis CorporationRead the Press Release
St. Louis, MO –Gregory Clark, 54, of Chapel Hill, North Carolina, was indicted by a federal grand jury today on one count of Interstate Extortion; one count of Interstate Activity in Aid of Racketeering; and one count of Interference with Commerce by Means of Extortion.
According to the Indictment, Clark was employed by a St. Louis company. Following Clark’s termination, he sent an email to his former employer saying that he had stolen the company’s confidential business information and threatening to divulge that information to the company’s business associates unless the company either rehired him or paid him $200,000 not to release the information.
If convicted, the defendant faces a maximum penalty of 20 years in prison and a $250,000 fine. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The Federal Bureau of Investigation is investigating this case.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Murdo Woman Indicted on Drug Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Murdo, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Moriah Moran, age 32, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that on May 7, 2019, Moran knowingly and intentionally possessed with the intent to distribute methamphetamine in Todd County, on the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Moran was released on bond pending trial. A trial date has not been set.
Montgomery County Man Sentenced to 30 Years for Producing and Transporting Child PornographyRead the Press Release
ALBANY, NEW YORK – John D. Salisbury, age 49, of Hagaman, New York, was sentenced today to 360 months in prison for producing and transporting child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Susan Ferensic, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Keith M. Corlett, Superintendent of the New York State Police (NYSP).
Senior United States District Judge Norman A. Mordue also sentenced Salisbury to a lifetime term of supervised release, to begin following his term of imprisonment. Salisbury will also be required to register as a sex offender upon his release from prison
Salisbury pled guilty on June 21, 2019, to four counts of sexual exploitation of a child, and one count of transportation of child pornography.
In connection with his guilty plea, Salisbury admitted that on four occasions between October 2016 and February 2017, he used a hidden camera inside the bathroom of his residence to produce sexually explicit videos depicting a minor. Salisbury also admitted that he knowingly uploaded photos and videos depicting child pornography from a smartphone to an Internet-based email account.
In addition, the investigation determined that in November 2017, Salisbury exchanged text messages with an undercover investigator, in which he repeatedly expressed sexual interest in a child under his care whom he previously sexually exploited, and sent the investigator two photos of the child, including a screenshot from one of the videos filmed in the bathroom of his residence.
This case was investigated by the FBI and the New York State Police, with assistance from the Colonie Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Monmouth County Business Owner Admits Tax Evasion and Failing to Pay Employment Payroll TaxesRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, business owner admitted today to tax evasion and failure to pay the IRS over $540,000 in employment taxes, U.S. Attorney Craig Carpenito announced.
Wilson Salas-Molina, 39, of Howell, New Jersey, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of payroll tax evasion and one count of failure to collect, account for, and pay over payroll taxes.
According to documents filed in the case and statements made in court:
Salas-Molina was the owner and operator of US Contractor Inc. (a/k/a Wilson Contractors Inc., a/k/a WC Contractor Inc.), a roofing business located in Monmouth County. From 2012 to 2018, Salas-Molina was required to withhold and pay over to the IRS the employment taxes for US Contractor employees. Salas-Molina cashed checks he received from roofing clients at a check cashing service, and he paid his 14 employees in cash to conceal his payment of wages and his failure to report, account for, and pay over employment taxes to the IRS. The scheme resulted in a failure to withhold and pay over $540,000 in employment taxes to the IRS.
The count of tax evasion and the count of failure to collect, account for, and pay over payroll taxes each carry a maximum potential penalty of five years in prison and $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for XX.
U.S. Attorney Carpenito credited special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Courtney A. Howard of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Mexican National Sentenced to 144 Months in Prison for Six Armed RobberiesRead the Press Release
CONCORD - A Mexican national residing in Manchester was sentenced to 144 months in federal prison after being convicted of committing six armed robberies, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Guillermo Garcia Esquivel, 36, committed six armed robberies of convenience stores in Manchester between January 5, 2019 and February 24, 2019. During each of the robberies, Esquivel pointed what appeared to be a black handgun at the victim cashier and demanded money. In two of the robberies, he also displayed a knife. Esquivel stole in excess of $5,000 during these robberies.
Esquivel previously pleaded guilty on November 19, 2019. In addition to his prison sentence, he was ordered to pay $4,530 in restitution. Esquivel does not have lawful status in the United States. After serving his prison sentence, he faces likely removal to Mexico.
“This defendant’s actions terrorized clerks at multiple stores and jeopardized the safety of the public,” said U.S. Attorney Murray. “We will not tolerate violent crime in Manchester or anywhere in the Granite State. This case demonstrates our commitment to working with the Manchester Police Department, ATF, and all of our law enforcement partners to identify, prosecute, and incarcerate armed violent criminals who threaten our citizens.”
“Individuals such as Esquivel who are brazen enough to commit armed robberies present a clear and present danger to our community,” said Special Agent in Charge Kelly D. Brady, ATF Boston Field Division. “The sentence in this case sends an unequivocal message that this conduct will not be tolerated and provides further evidence of ATF’s commitment to combating violent crime by utilizing all available resources to make our communities safer.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Anna Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Mercer County Felon Illegally Possessed Multiple Drugs, a Firearm and AmmunitionRead the Press Release
PITTSBURGH, PA - A former Mercer County resident pleaded guilty in federal court to charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
Marvin Lee Houze, Jr., 24, of Sharon, Pennsylvania, pleaded guilty to three counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Houze possessed with the intent to distribute approximately 75 grams of a mixture and substance containing tramadol, fentanyl, heroin, acetyl fentanyl, and carfentanil; approximately 30 grams of a mixture and substance containing fentanyl and heroin; and approximately 30 grams of crack cocaine. In addition, Houze, a convicted felon, was in possession of a Smith & Wesson pistol, Model SD 40 VE and ammunition. Houze has felony convictions for firearms offenses in Ohio. As a convicted felon, Houze is prohibited by federal law from possessing a firearm.
"The prosecution of Marvin Houze, Jr. is a direct result of our partnership with the Mercer County District Attorney’s Office, led by DA Peter Acker, and our Project Guardian strategy. Project Guardian is a partnership of federal, state and local law enforcement to prosecute and remove the most violent offenders from our communities," said U.S. Attorney Brady. "Houze, a two-time felon, was trafficking in fentanyl and cocaine, and illegally possessed a firearm and ammunition. I commend the work of District Attorney Peter Acker and the County’s Drug Task Force to make Mercer County a safer community."
"The Office of the District Attorney of Mercer County is extremely grateful to U.S. Attorney Scott Brady and his staff for assuming prosecutorial responsibility of this case and obtaining the conviction," said Mercer County District Attorney Peter C. Acker. "We are also grateful to the Pennsylvania Office of Attorney General Region 6 Narcotics Strike Force, the U.S. Drug Enforcement Administration, the Mercer County Critical Incident Response Team and the Mercer County Drug Task Force in coordinating and executing the search warrant. The operation struck a blow to the interstate movement of narcotics into Mercer County."
Judge Schwab scheduled sentencing for August 12, 2020 at 9:30 a.m. The law provides for a mandatory minimum sentence of not less than five years in prison to a maximum of 40 years, and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses, and the criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the Pennsylvania Office of Attorney General, and the Mercer County Drug Task Force conducted the investigation leading to the charges in this case.
This case was brought as part of Project Guardian, the Attorney General’s initiative to prosecute those who violate the federal firearms laws. Reducing gun violence has always been among the Department of Justice’s highest priorities. Project Guardian serves as a complementary effort to the success of Project Safe Neighborhoods (PSN).
This case also was prosecuted as part of Operation S.O.S. (Synthetic Opioid Surge), a DOJ enforcement initiative designed to dismantle deadly fentanyl distribution networks through cooperation with local, state and federal law enforcement, as well as local and state prosecutors. The Western District of Pennsylvania is one of 10 districts from across the country to implement the S.O.S. program.