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Tuesday 10 March 2020
Marshall County man admits to drug traffickingRead the Press Release
WHEELING, WEST VIRGINIA – Michael J. Blake, of Moundsville, West Virginia, has admitted to a drug charge, U.S. Attorney Bill Powell announced.
Blake, age 40, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine.” Blake admitted to having methamphetamine in October 2019 in Marshall County.
Blake faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams, Jr. is prosecuting the case on behalf of the government. The Drug Enforcement Administration and the Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Local man sentenced to more than 26 years in prison for string of armed robberiesRead the Press Release
DAYTON – A Dayton man was sentenced in U.S. District Court today to 318 months in federal prison for committing armed robberies in and around Dayton.
Jermaine Green, 37, pleaded guilty in January 2019 to two counts of robbery and two counts of brandishing a firearm in furtherance of a crime of violence.
According to court documents, in an attempt to pay off a drug debt, Green committed a string of robberies throughout the greater Dayton area between December 2017 and January 2018 in which he wore a disguise using a dreadlocks wig.
On Dec. 17, 2017, Green brandished a firearm and robbed the Walgreen’s Pharmacy on Hoover Ave. in Dayton. Later that same day, Green again brandished a firearm and robbed a Sunoco gas station on Wayne Ave. in Dayton.
Two days later, Green robbed Falb’s Restaurant on Kiser Street in Dayton. After ordering a hamburger, Green pointed his handgun at the owner and demanded the owner enter the safe. When another customer entered the restaurant, distracting Green, the owner pulled out his gun and fired two shots at Green. Green attempted to shoot the owner but the safety was on his firearm. As Green fled the restaurant, the owner’s brother arrived and also fired at Green. Green was hit by one of the bullets as he was fleeing. Green later staged a robbery so that he would appear to be a victim before seeking medical attention.
Green robbed four Dollar General stores in late December 2017 and early January 2018, including the stores on Valley Street in Riverside, North Gettysburg Ave. in Dayton, North Main Street in Clayton and South Gettysburg Ave. in Dayton.
Green had also committed a robbery at Loan Max on Dec. 17, 2017, which was the basis for his 2018 conviction in Montgomery County Common Pleas Court. In his state case, he was ordered to serve 21 years in prison.
“Green’s actions were drastic and reckless, and but for his arrest, Green confessed that he likely would have engaged in murder to save himself and his family from the drug dealer he owed money,” U.S. Attorney David M. DeVillers said. “Green brandished a loaded firearm over and over at various locations for small amounts of money. This office will not tolerate gun violence and will prosecute it accordingly.”
DeVillers is joined by Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Dayton Police Chief Richard S. Biehl; Montgomery County Sheriff Rob Streck; Clayton Police Chief Matt Hamlin; and Riverside Police Chief Frank Robinson in announcing the sentence imposed by U.S. District Judge Walter H. Rice. Assistant United States Attorney Amy M. Smith is representing the United States in this case.
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Large-Scale Cocaine Supplier Pleads Guilty to Drug and Firearms DistributionRead the Press Release
ALEXANDRIA, Va. – A Washington, D.C. man pleaded guilty today to supplying approximately 70 kilograms of cocaine to over 30 customers and for selling firearms.
According to court documents, Simeon Olayemi Orekoya, 47, distributed approximately 70 kilograms of cocaine between January 2017 and December 2019, which was then resold in Virginia and surrounding areas. He also sold cocaine and four firearms to undercover law enforcement officers during the investigation. Two of the firearms did not have serial numbers. Orekoya has five prior felony convictions.
Orekoya pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and possession of a firearm in furtherance of a drug trafficking crime, and faces a mandatory minimum of 15 years in prison when sentenced on July 24. 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.
This case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Mo Money. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation and prosecution of major drug trafficking organizations. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Mark Herring, Attorney General for Virginia; Henry P. Stawinski III, Chief of Prince George’s County Police; Marcus Jones, Montgomery County Chief of Police; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Timothy M. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office; Timothy Jones, Special Agent in Charge of the ATF’s Baltimore Field Division; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and M. Jay Farr, Arlington County Chief of Police, made the announcement after U.S. District Judge Rossie D. Alston, Jr. accepted the plea. Special Assistant U.S. Attorney Karolina Klyuchnikova is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-71.
Kinston Man Sentenced for Human-Trafficking-Related OffenseRead the Press Release
GREENVILLE – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced KORTNEY DONNELL CREWS, 32, of Kinston, North Carolina to 120 months’ imprisonment, followed by 5 years of supervised release.
CREWS was named in an Indictment filed on April 19, 2019, charging him with, among other offenses, transportation across state lines for prostitution (Mann Act). On September 9, 2019, CREWS pled guilty to that charge.
According to the investigation, CREWS prostituted numerous women across the United States. He lured them by promising big money, and then took most or all of their earnings. CREWS threatened or intimidated many of his victims and physically assaulted and emotionally abused one victim for years.
Mr. Higdon commented: “Crews’ actions, his abuse of these women, is a form of human trafficking. He used threats, intimidation, and physical abuse to force these women to humiliate and degrade themselves. And the Court’s sentence reflects the seriousness of this crime.”
The New Hanover County Sheriff’s Office, Charlotte-Mecklenburg Police Department and the Federal Bureau of Investigation conducted the investigation. Assistant United States Attorneys Erin Blondel and Bryan Stephany represented the government.
Illinois Man Was Part of a Scheme that Used Stolen ID’s to Obtain Loans for Expensive VehiclesRead the Press Release
PITTSBURGH, PA. – A resident of the state of Illinois pleaded guilty in federal court in Pittsburgh to charges of Aggravated Identity Theft and Conspiracy, United States Attorney Scott W. Brady announced today.
Michael W. Decker, age 32, of Vernon Hills, IL, pled guilty to two counts before United States District Judge Robert J. Colville.
According to the information provided to the Court at the time of the guilty plea, Decker submitted fraudulent applications for loans to purchase several expensive vehicles, including two Jeep Cherokee Trackhawks, from dealerships in Western Pennsylvania. Decker was part of a conspiracy based in Chicago. The members of the conspiracy travelled to dealerships in several states and used stolen identity information to obtain loans for high end vehicles. After obtaining the vehicles, members of the conspiracy would alter the Vehicles Identification Numbers and sell the vehicles.
Judge Colville scheduled the sentencing for August 5, 2020. The law provides for a maximum total sentence of not more than seven years in prison, a fine of $500,000, or both as to each count. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police Western Regional Auto Theft Task Force conducted the investigation leading to the superseding indictment in this case.
Hudson County Woman Sentenced to 70 Months in Prison for Enslaving Sri Lankan Woman for over Nine YearsRead the Press Release
A Hudson County, New Jersey, woman was sentenced today to 70 months of prison for her conviction on charges of forced labor, alien harboring for financial gain, and marriage fraud, the Department of Justice announced.
Alia Imad Faleh Al Hunaity, aka “Alia Al Qaternah,” 44, was found guilty in May 2019 on all counts of the indictment against her following a six-day trial before U.S. District Judge Robert B. Kugler, who imposed the sentence today in Camden federal court.
According to documents filed in this case and the evidence at trial:
Hunaity brought the victim, a Sri Lankan national, to the United States on a temporary visa in 2009 to perform domestic work. Hunaity caused the victim to overstay her visa and remain in the United States illegally for over nine years. Hunaity forced the victim to cook and clean her homes in Woodland Park and Secaucus, New Jersey, and to care for her three children, all without pay. She limited the victim’s interactions with the world outside of Hunaity’s homes. During this time, Hunaity required the victim to sleep on a bed in a public space in Hunaity’s homes, including in the kitchen. In 2018, Hunaity forced the victim to marry her so that the victim could obtain legal residence and Hunaity could continue to force her to work without fear of the victim being deported.
In addition to the prison term, Judge Kugler sentenced Al Hunaity to three years of supervised release.
U.S. Attorney Carpenito and Assistant Attorney General Dreiband credited special agents of U.S. Homeland Security Investigations, Newark Division, under the direction of Special Agent in Charge Brian Michael, and special agents of the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to today’s sentencing.
This case was prosecuted in conjunction with the interagency Anti-Trafficking Coordination Team initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
The government is represented by Assistant U.S. Attorney Andrew Macurdy and Trial Attorney Kate Hill of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Hudson County Woman Sentenced to 70 Months in Prison for Enslaving Sri Lankan Woman for over Nine YearsRead the Press Release
CAMDEN, N.J. – A Hudson County, New Jersey, woman was sentenced today to 70 months of prison for her conviction on charges of forced labor, alien harboring for financial gain, and marriage fraud, U.S. Attorney Craig Carpenito and Assistant Attorney General Eric Dreiband of the Civil Rights Division announced.
Alia Imad Faleh Al Hunaity, a/k/a “Alia Al Qaternah,” 44, was found guilty in May 2019 on all counts of the indictment against her following a six-day trial before U.S. District Judge Robert B. Kugler, who imposed the sentence today in Camden federal court.
According to documents filed in this case and the evidence at trial:
Hunaity brought the victim, a Sri Lankan national, to the United States on a temporary visa in 2009 to perform domestic work. Hunaity caused the victim to overstay her visa and remain in the United States illegally for over nine years. Hunaity forced the victim to cook and clean her homes in Woodland Park and Secaucus, New Jersey, and to care for her three children, all without pay. She limited the victim’s interactions with the world outside of Hunaity’s homes. During this time, Hunaity required the victim to sleep on a bed in a public space in Hunaity’s homes, including in the kitchen. In 2018, Hunaity forced the victim to marry her so that the victim could obtain legal residence and Hunaity could continue to force her to work without fear of the victim being deported.
In addition to the prison term, Judge Kugler sentenced Al Hunaity to three years of supervised release and ordered her to pay restitution of $1.2 million.
U.S. Attorney Carpenito and assistant Attorney General Dreiband credited special agents of U.S. Homeland Security Investigations, Newark Division, under the direction of Special Agent in Charge Brian Michael, and special agents of the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to today’s sentencing.
This case was prosecuted in conjunction with the interagency Anti-Trafficking Coordination Team initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
The government is represented by Assistant U.S. Attorney Andrew Macurdy and Trial Attorney Kate Hill of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Hudson County Man Admits Role in Car Accident Scheme to Defraud Personal Injury Protection InsurersRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man today admitted participating in an automobile accident scheme in which health care practitioners fabricated or exaggerated accident victims’ injuries to support fraudulent insurance claims to Personal Injury Protection (PIP) insurance plans for medically unnecessary services, U.S. Attorney Craig Carpenito announced.
Luis G. Aguirre, 59, pleaded guilty before U.S. District Judge Stanley R. Chesler in Newark federal court to an information charging him with one count of conspiracy to commit health care fraud.
According to documents filed in the case and statements made in court:
Aguirre helped to orchestrate an automobile accident scheme in Bergen County, New Jersey, by acting as a “runner” who identified and recruited accident victims to the scheme. Aguirre subsequently introduced the victims to various chiropractors, medical imaging centers, and others, who billed PIP insurance plans for medically unnecessary services.
Aguirre and an employee from an auto body shop in West New York, New Jersey, (Individual-1) identified and recruited individuals who had been in car accidents, finding them through word-of-mouth in the community and through relationships with health care providers in northern New Jersey. Aguirre paid Individual-1 a sum of money for each accident victim that Individual-1 helped identify and recruit to the scheme. Individual-1, in turn, paid accident victims for participating in the scheme. Aguirre also ensured that the victims had filed police reports to support subsequent insurance claims.
Aguirre then directed the accident victims to visit specific health care providers to obtain medically unnecessary medical exams and services, such as X-rays and MRIs, for fake or exaggerated injuries that they supposedly suffered during the automobile accidents.
Aguirre was paid approximately $500 in cash by the health care providers for each individual accident victim that he delivered. Aguirre thereby caused health care providers to submit insurance claims to PIP insurance plans on behalf of the accident victims.
For example, on Sept. 25, 2018, an individual from North Bergen, New Jersey, (Individual-3) was involved in an automobile accident in Elizabeth, New Jersey. Based on a police report of the incident, the accident was minor: Individual-3 was rear-ended by another car when both were stopped at a red light. According to the police report, Individual-3 refused medical treatment at the scene, stating that Individual-3 would seek separate medical attention. At the time of the accident, Individual-3 had an automobile insurance policy through Auto Insurer-1, which included PIP coverage.
Aguirre learned from Individual-1 that Individual-3 was willing to participate in the scheme in exchange for cash payment. On Oct. 12, 2018, Aguirre directed Individual-3 to visit the proprietor (Individual-2) of an MRI Center in Rochelle Park, New Jersey, where Individual-3 underwent a series of medically unnecessary X-rays. On Oct. 16, 2018, the MRI Center billed Individual-3’s PIP insurance policy.
Aguirre’s participation in the conspiracy caused an estimated loss to PIP insurance plans of over $250,000, while the total loss caused by the conspiracy exceeded $3.5 million.
Aguirre faces a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.
Sentencing is scheduled for July 14, 2020.
U.S. Attorney Carpenito credited special agents of the Department of Labor – Office of Inspector General (DOL-OIG), under the direction of Special Agent in Charge Michael C. Mikulka; and special agents of the FBI, under the direction Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the Health Care Fraud Unit at the U.S. Attorney’s Office in Newark.Defense Counsel: John Lynch Esq., Union, New Jersey
Henderson Man with Prior Manslaughter Conviction Sentenced to 7 Years in Federal Prison After ShootingRead the Press Release
GREENVILLE – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced QUINDARIUS DANTE RAINEY 30, of Henderson to 7 years imprisonment, followed by 3 years of supervised release.
RAINEY was named in an Indictment filed on July 31, 2019, charging him with possession of a firearm and ammunition by a felon. On November 12, 2019, RAINEY pled guilty to that charge.
According to the investigation, during the early morning hours of August 26, 2018, RAINEY was captured on video surveillance shooting a handgun with an extended magazine multiple times at another man. The shooting occurred in the parking lot of the 85 Bar & Lounge in Henderson. The victim attempted to flee and RAINEY continued to shoot at the man while chasing him. RAINEY then entered his vehicle and fled the scene. The victim was not injured, but several nearby businesses and cars sustained property damage.
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. 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 in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Henderson Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. Assistant United States Attorneys Robert J. Dodson and John Parris prosecuted the case on behalf of the government.
Guided Hunting Business Owner Sentenced for Lacey Act ViolationRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on March 5, 2020, Aaron M. Volkmar, age 46, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger for a felony Lacey Act Violation. The Court imposed a sentence of two years probation and a $5,000 fine. Volkmar was ordered to pay $10,000 in restitution and a $100 Special Assessment to the Crime Victims' Fund.
Volkmar is the owner and operator of Tails of the Hunt LLC., which provided guided hunts in southwest Iowa, Missouri, and Oklahoma. Volkmar provided a guided deer hunt to undercover agents in December 2013. While providing these guided hunt services, Volkmar violated Iowa state law by illegally tagging a deer and assisting with transportation of the deer across state lines.
This matter was investigated by the United States Fish and Wildlife Services and Iowa Department of Natural Resources. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Former West Virginia University professor pleads guilty to fraud that enabled him to participate in the People’s Republic of China’s “Thousand Talents Plan”Read the Press Release
CLARKSBURG – Dr. James Patrick Lewis, of Fairview, West Virginia, has admitted to a fraud charge involving West Virginia University, the Department of Justice announced.
Lewis, age 54, pleaded guilty to a one-count information charging him with “Federal Program Fraud.” From 2006 to August 2019, Lewis was a tenured professor at West Virginia University in the physics department, specializing in molecular reactions used in coal conversion technologies. In July 2017, Lewis entered into a contract of employment with the People’s Republic of China through its “Global Experts 1000 Talents Plan.” China’s Thousand Talents Plan is one of the most prominent Chinese Talent recruit plans that are designed to attract, recruit, and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security. These talent programs seek to lure overseas talent and foreign experts to bring their knowledge and experience to China and reward individuals for stealing proprietary information.
“Lewis defrauded a public university into giving him leave, so that he could satisfy his competing obligations to a Chinese institution, which he hid from the school,” said Assistant Attorney General for National Security John C. Demers. “I applaud the increased focus of the academic community to detect conflicts of interest and conflicts of commitment. Only with more transparency will we stem the tide of covert ties to Chinese institutions and programs, ties meant by the Chinese government to result in the transfer of intellectual property from the United States. ”
“This case represents an attempt to serve China to the detriment of West Virginia University and the United States. Academia is a prime target for these activities and we will remain committed to prosecuting such fraud wherever it is found. I want to thank the FBI, the IRS and our prosecution team for a job well done,” said U.S Attorney Bill Powell, Northern District of West Virginia.
“The FBI knows the Chinese government intentionally targets the advanced technologies and technical expertise developed in the U.S. to give themselves a competitive advantage in the world marketplace,” said FBI Pittsburgh Special Agent in Charge Robert Jones. “Participation in a talent plan like the one Dr. Lewis was part of it is not illegal. But FBI investigations have revealed participants are often incentivized to transfer proprietary information or research conducted in the U.S. to China. This remains a significant threat and a high priority threat for the FBI. We are dedicated to making sure foreign governments know U.S. trade secrets cannot and will not be bought.”
According to Lewis’s contract, the Chinese Academy of Sciences agreed to employ Lewis as a professor for at least three years. In return, Lewis agreed to maintain an active research program that yielded publications in high quality, peer-reviewed journals, and to provide research training and experience for Chinese Academy of Sciences students.
As a part of the program, Lewis was promised benefits, including a living subsidy of 1 million Yuan (approximately $143,000), a research subsidy of 4 million Yuan (approximately $573,000), and a salary of 600,000 Yuan (approximately $86,000). To receive the benefits, Lewis would have to work full time in China for three consecutive years, for no less than nine months per year, and would have to begin work no later than Aug. 8, 2018.
In March 2018, Lewis submitted a request to WVU for an alternate/parental work assignment, requesting to be released from his teaching duties for the fall 2018 semester in order to serve as the primary caregiver for a child he and his wife were expecting in June 2018. In fact, however, Lewis knew this request was fraudulent. Rather than caring for his newborn child, Lewis planned to work in China during the fall 2018 semester as a part of his agreement with the “1000 Talents Plan.” Based on the false justification Lewis offered, WVU granted his request.
In the fall of 2018, Lewis spent all but three weeks of the semester in China while his newborn child remained in the United States. During this period, Lewis received his full salary from WVU pursuant to his alternate/parental work assignment. Lewis’s scheme allowed him to fraudulently obtain $20,189 from WVU.
As a part of the plea agreement, Lewis has agreed to pay restitution in the amount of $20,189 in full to WVU. Lewis is no longer employed by WVU, having resigned in August 2019.
Lewis faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jarod J. Douglas and Trial Attorney Evan N. Turgeon with the Department of Justice’s Counterintelligence and Export Control Section, National Security Division, are prosecuting the case on behalf of the government. The FBI and the Internal Revenue Service investigated. WVU cooperated in the investigation of this case.
U.S. Magistrate Judge Michael John Aloi presided.
Former West Virginia University Professor Pleads Guilty to Fraud That Enabled Him to Participate in the People’s Republic of China’s “Thousand Talents Plan”Read the Press Release
Dr. James Patrick Lewis, of Fairview, West Virginia, has admitted to a fraud charge involving West Virginia University, the Department of Justice announced.
Lewis, age 54, pleaded guilty to a one-count information charging him with “Federal Program Fraud.” From 2006 to August 2019, Lewis was a tenured professor at West Virginia University in the physics department, specializing in molecular reactions used in coal conversion technologies. In July 2017, Lewis entered into a contract of employment with the People’s Republic of China through its “Global Experts 1000 Talents Plan.” China’s Thousand Talents Plan is one of the most prominent Chinese Talent recruit plans that are designed to attract, recruit, and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security. These talent programs seek to lure overseas talent and foreign experts to bring their knowledge and experience to China and reward individuals for stealing proprietary information.
“Lewis defrauded a public university into giving him leave, so that he could satisfy his competing obligations to a Chinese institution, which he hid from the school,” said Assistant Attorney General for National Security John C. Demers. “I applaud the increased focus of the academic community to detect conflicts of interest and conflicts of commitment. Only with more transparency will we stem the tide of covert ties to Chinese institutions and programs, ties meant by the Chinese government to result in the transfer of intellectual property from the United States."
“This case represents an attempt to serve China to the detriment of West Virginia University and the United States. Academia is a prime target for these activities and we will remain committed to prosecuting such fraud wherever it is found. I want to thank the FBI, the IRS and our prosecution team for a job well done,” said U.S Attorney Bill Powell, Northern District of West Virginia.
“The FBI knows the Chinese government intentionally targets the advanced technologies and technical expertise developed in the U.S. to give itself a competitive advantage in the world marketplace,” said FBI Pittsburgh Special Agent in Charge Robert Jones. “Participation in a talent plan like the one Dr. Lewis was part of is not illegal. But FBI investigations have revealed participants are often incentivized to transfer proprietary information or research conducted in the U.S. to China. This remains a significant threat and a high priority threat for the FBI. We are dedicated to making sure foreign governments know U.S. trade secrets cannot and will not be bought.”
According to Lewis’s contract, the Chinese Academy of Sciences agreed to employ Lewis as a professor for at least three years. In return, Lewis agreed to maintain an active research program that yielded publications in high quality, peer-reviewed journals, and to provide research training and experience for Chinese Academy of Sciences students.
As a part of the program, Lewis was promised benefits, including a living subsidy of 1 million Yuan (approximately $143,000), a research subsidy of 4 million Yuan (approximately $573,000), and a salary of 600,000 Yuan (approximately $86,000). To receive the benefits, Lewis would have to work full time in China for three consecutive years, for no less than nine months per year, and would have to begin work no later than Aug. 8, 2018.
In March 2018, Lewis submitted a request to WVU for an alternate/parental work assignment, requesting to be released from his teaching duties for the fall 2018 semester in order to serve as the primary caregiver for a child he and his wife were expecting in June 2018. In fact, however, Lewis knew this request was fraudulent. Rather than caring for his newborn child, Lewis planned to work in China during the fall 2018 semester as a part of his agreement with the “1000 Talents Plan.” Based on the false justification Lewis offered, WVU granted his request.
In the fall of 2018, Lewis spent all but three weeks of the semester in China while his newborn child remained in the United States. During this period, Lewis received his full salary from WVU pursuant to his alternate/parental work assignment. Lewis’s scheme allowed him to fraudulently obtain $20,189 from WVU.
As a part of the plea agreement, Lewis has agreed to pay restitution in the amount of $20,189 in full to WVU. Lewis is no longer employed by WVU, having resigned in August 2019.
Lewis faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jarod J. Douglas and Trial Attorney Evan N. Turgeon with the Department of Justice’s Counterintelligence and Export Control Section, National Security Division, are prosecuting the case on behalf of the government. The FBI and the Internal Revenue Service investigated. WVU cooperated in the investigation of this case.
U.S. Magistrate Judge Michael John Aloi presided.
Former Rapid City Priest Convicted on 65 Counts in Theft, Wire Fraud and Money Laundering SchemeRead the Press Release
United States Attorney Ron Parsons announced that Marcin Stanislaw Garbacz, age 41, formerly an ordained priest assigned to the Catholic Diocese in Rapid City, South Dakota, was found guilty by a federal trial jury of 50 counts of Wire Fraud, nine counts of Money Laundering, one count of Transportation of Stolen Money, and five counts of Making and Subscribing a False Tax Return following a week-long jury trial at the federal courthouse in Rapid City.
Wire Fraud carries a maximum penalty of 20 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
Money Laundering carries a maximum penalty of 20 years in federal prison and/or a $500,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
Transportation of Stolen Money carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
Making and Subscribing a False Tax Return carries a maximum penalty of three years in federal prison and/or a $250,000 fine, one year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
Evidence at trial established that Garbacz, while employed as a priest with the Catholic Diocese in Rapid City, devised a scheme to steal monies collected from parishioners at various church services by secretly entering the areas in three parish churches where such monies were stored. He took steps such as entering the church buildings late in the evening, removing and replacing special, tamper-proof bank bags, making multiple same-day deposits totaling tens of thousands of dollars of stolen money in ATMs well after midnight, and laundering such stolen money through a variety of banks, investment firms, and credit card companies.
Garbacz used the hundreds of thousands of dollars in stolen parishioner money to purchase for himself over a dozen gold-plated chalices, numerous bronze statues, a $10,000 diamond ring, Mont Blanc fountain pens, and more.
“The cache of worldly treasures accumulated by this common thief looks like something from Raiders of the Lost Ark,” said U.S. Attorney Parsons. “He bought it all using money he stole from his parishioners – money that was intended to help the Church and help the poor. The selfishness and greed of it all is mind-boggling.”
“Income is taxable, regardless of the source” said Karl Stiften, Special Agent in Charge, at the IRS Criminal Investigation division. “Special Agents are following the money to make sure everyone complies with the tax laws.”
Once he was made aware of the federal investigation, Garbacz drained his bank account of more than $50,000 and bought a one-way plane ticket to Poland. Fortunately, he was arrested by federal agents at Seattle-Tacoma International Airport in May 2019 just before his flight was to depart.
Assistant United States Attorney Benjamin Patterson prosecuted and tried the case, and the investigation was led by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation.
A sentencing date will be scheduled. Garbacz was remanded to the custody of the U.S. Marshals Service pending sentencing.
Former Owner of Oklahoma City Mail and Shipping Store Sentenced to 42 Months in Prison for Conspiracy and Identity TheftRead the Press Release
OKLAHOMA CITY – Earlier today, JOSHUA RAY CAMPBELL, 41, formerly of Oklahoma City, was sentenced to serve 42 months in prison for conspiracy to commit theft or receipt of stolen mail and aggravated identity theft, announced United States Attorney Timothy J. Downing.
According to a superseding information, Campbell was the owner of a commercial mail receiving business in Oklahoma City that offered private mailbox rentals. Campbell and others engaged in a conspiracy to steal mail from mailboxes at his business and from mailboxes around Oklahoma City for the purpose of converting stolen mail to cash and for the purpose of stealing mail recipients’ identities. Campbell additionally used the identity of one of his victims, specifically his victim’s name, PIN number, and bank account information, during and in relation to the crime of bank fraud.
On October 7, 2019, Campbell entered a plea of guilty to one count of conspiracy to commit theft or receipt of stolen mail and one count of aggravated identity theft in relation to bank fraud.
Today, U.S. District Judge Joe Heaton sentenced Campbell to serve a total of 42 months in prison, followed by a 3-year term of supervised release. Campbell must also pay restitution of $49,154.33 to his victims.
Campbell’s co-conspirator Gena Michele Walker was sentenced on September 28, 2018, to serve 21 months in prison after pleading guilty to conspiracy to possess stolen mail.
These charges are the result of an investigation by the U.S. Postal Inspection Service, the Oklahoma City Police Department, the Nicoma Park Police Department, the Village Police Department, and the Edmond Police Department. It was prosecuted by Assistant U.S. Attorney William E. Farrior.
Former Olney Police Chief Sentenced to 10 Years for Threatening Man at GunpointRead the Press Release
The former Acting Police Chief of Olney, Texas was sentenced today to 10 years in federal prison for threatening an individual at gunpoint, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Former Acting Chief Robert Michael Cross, 35, pleaded guilty in October to deprivation of rights under color of law following an investigation by the FBI’s Dallas Field Office.
“The city of Olney deserves police officers with respect for the rule of law,” said U.S. Attorney Nealy Cox. “Instead, this defendant abused his power, stripping citizens of their dignity for his own perverse ends. We are gratified he has been held to account for his despicable behavior.”
“Law enforcement officers are responsible for upholding the law and protecting their communities from harm. The defendant used his position of authority to prey on vulnerable individuals and exploit them for his personal gain,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The FBI is committed to preserving trust in law enforcement. We will criminally pursue any officer that violates the law and abuses their oath to protect and serve.”
In plea papers and in other information provided in court, Mr. Cross admitted that shortly after arresting two individuals for aggravated robbery offenses, he coerced them into engaging in conduct for his own personal benefit, promising to have the criminal cases against them dismissed if they complied with his demands.
About a month after the arrest, on Dec. 20, 2017, he took them out in his vehicle to eat dinner and catch a movie. That evening, he brandished a pistol, threatening one victim with bodily injury and coercing the victim to engage in sex acts with another individual, thereby willfully depriving the victim of the Constitutional right to be free from unreasonable force by a law enforcement officer.
The Federal Bureau of Investigation’s Dallas Field Office and the Texas Rangers conducted the investigation. Assistant U.S. Attorney Robert Boudreau is prosecuting the case. U.S. District Judge Reed C. O’Connor handed down the sentence.
Federal customs and border protection officer charged with smuggling 17 kilograms of cocaineRead the Press Release
ATLANTA - Ivan Van Beverhoudt has been arraigned on federal charges relating to importation of cocaine, possession with the intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking.
“This officer allegedly abused his office to engage in criminal conduct,” said U.S. Attorney Byung J. “BJay” Pak. “Federal law enforcement officers take an oath to uphold the law. When an officer violates that oath, he or she will be investigated and prosecuted to the fullest extent of the law.”
“A badge and a gun should be used for protecting the public, not for bypassing security to enable criminal activity,” said acting Special Agent in Charge Robert Hammer, who oversees Homeland Security Inspection (HSI) operations in Georgia and Alabama. “Corruption in law enforcement undermines the public’s trust and makes all of our jobs harder.”
“CBP officers take an Oath of Office, a solemn pledge that conveys great responsibility and one that should be carried out at all times with the utmost professionalism,” stated Todd Bellew, Area Port Director in Charlotte Amalie, St. Thomas, U.S. Virgin Islands. “Inappropriate behavior or misconduct is not tolerated, and does not reflect our values of vigilance, integrity and professionalism.”
“Van Beverhoudt allegedly abused his position as U.S. Customs and Border Protection Officer to smuggle drugs through the world’s busiest airport,” said DHS OIG’s Acting Special Agent in Charge Ronnie Tippett. “The public deserves better – they deserve officers who obey the laws that they are entrusted to enforce.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In January 2020, Ivan Van Beverhoudt was a sworn officer with the Department of Homeland Security Customs & Border Protection (“CBP”), stationed in the U.S. Virgin Islands. Part of Van Beverhoudt’s duties was the inspection of flights to prevent the importation of controlled substances on airplanes.
On January 10, 2020, Van Beverhoudt traveled on a flight from St. Thomas, U.S. Virgin Islands, through Atlanta, on his way to Baltimore, Maryland. At the time, Van Beverhoudt was carrying his U.S. Government-issued weapon that allowed him to bypass normal airport screening because he was a law enforcement officer “flying while armed.” When the flight arrived in Atlanta, Atlanta-based CPB officers at Hartsfield-Jackson Atlanta International Airport inspected the passengers on the flight with a K-9 handler and dog. As Van Beverhoudt passed by the K-9 handler and the dog, the dog alerted to his two carry-on bags.
CBP officers escorted Van Beverhoudt to an interview room where Van Beverhoudt claimed to be coming through Atlanta to see a doctor in Baltimore, although he could not identify the doctor or explain how the doctor would see him on the weekend and without a medical appointment. After the drug dog again alerted to his bags, CBP officers opened both bags and discovered 14 packages in one bag, and two additional packages in the other bag, containing a substance that field-tested positive for cocaine and weighed a total of 17.8 kilograms.
Ivan Van Beverhoudt, 40, of Saint Thomas, Virgin Islands, was arraigned before U.S. Magistrate Judge Regina D. Cannon. Van Beverhoudt was indicted by a federal grand jury on February 4, 2020. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
Homeland Security Investigations (HSI) and the Department of Homeland Security Office of Inspector General are jointly investigating this case.
Assistant U.S. Attorney Laurel R. Boatright is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
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.
Federal Prisoner Sentenced to 18 Months for Synthetic Cannabinoid Distribution SchemeRead the Press Release
PITTSBURGH – Terrell Williams pleaded guilty and was sentenced to 18 months in prison for conspiring to distribute Schedule I synthetic cannabinoid controlled substances between 2017 and 2019, United States Attorney Scott W. Brady announced today.
Williams, age 41 of Pittsburgh, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan also ordered Williams to serve six years of supervised release following his prison term. Williams was serving a prior federal prison sentence when he committed the crime to which he pled guilty and for which he was sentenced.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Erie Man Charged with Producing Child Pornography VideosRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The two-count Indictment named Dana Lindstrom, 38, as the sole defendant.
According to the Indictment presented to the court, in August 2019, Lindstrom produced child pornography by recording videos of a minor female in a bathroom without her permission.
"The U.S. Attorney’s office is participating in NO MORE week, March 8-14, 2020, a week dedicated to ending domestic violence and sexual assault by increasing awareness and inspiring everyone to become part of the solution," said U.S. Attorney Brady. "Today’s indictment demonstrates our steadfast commitment to safeguarding our children and bringing to justice individuals who commit child exploitation crimes."
The law provides for a maximum total sentence of 60 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Erie Police Department and the Erie County Detectives Bureau conducted the investigation leading to the Indictment in this case. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Erie Man Charged with Possessing Fentanyl and Distributing CocaineRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal drug laws, United States Attorney Scott W. Brady announced today.
The three-count Indictment named Jamie Darnell Pullium, 38, as the sole defendant.
According to the Indictment presented to the court, on or about February 3 and February 11, 2020, Pullium distributed cocaine in Erie, Pennsylvanian and on or about February 20, 2020, he possessed fentanyl with the intent to distribute.
The law provides for a maximum total sentence of 60 years in prison, a fine of $3,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Erie County Drug Taskforce, Erie County Detective Bureau, Millcreek Police Department, Erie Police Department, and Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
This case is being prosecuted as part of Operation S.O.S. (Synthetic Opioid Surge), a Department of Justice 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 as one of 10 districts from across the country to implement the S.O.S. program.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Eighteen South Jersey Residents Charged with Trafficking Prescription DrugsRead the Press Release
CAMDEN, N.J. – Eighteen alleged members of two drug trafficking operations based in Gloucester City and Camden have been charged in connection with their roles in distributing drugs, including high-dosage oxycodone pills, U.S. Attorney Craig Carpenito announced today.
The defendants were charged with conspiring to possess and distribute drugs in two complaints unsealed today. Sixteen of the defendants were arrested today and are scheduled to appear this afternoon before U.S. Magistrate Judges Joel Schneider and Karen M. Williams in Camden federal court. Two defendants remain at large. (See table below)
According to documents filed in this case and statements made in court:
The charges and arrests are the result of a wiretap investigation led by the FBI into drug distribution operations that dealt in, among other drugs, high-dose, 60- and 80-mg oxycodone pills. The operations’ leaders – Rocco DePoder for the Gloucester City operation and Erick Bell and Alfred Kee Jr. for the Camden operation – and the other suppliers, resellers and associates charged in the complaints generally employed the following means to facilitate the pill trafficking: Bell, Kee and DePoder would solicit the suppliers, including certain defendants named in the complaints, and others, primarily over the telephone, to supply them with quantities of oxycodone, Adderall and Xanax for DePoder, and oxycodone for Bell and Kee. After receiving substantial quantities of pills at Bell’s home in Camden, DePoder’s home in Gloucester City, and other locations in southern New Jersey (including Lindenwold and Woodbury), Bell and DePoder would take orders for pills over the telephone from others. Bell, Kee and DePoder would provide purchasers with these pills. The defendants employed coded language and used multiple phones to conceal their activities.
The conspiracies charged in the complaints carry a maximum prison term of 20 years and a maximum fine of $1 million.
U.S. Attorney Carpenito credited special agents of FBI Philadelphia Division, South Jersey Resident Agency, under the direction of Acting Special Agent in Charge Tara McMahon; U.S. Department of Health and Human Services-Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the Camden County Sheriff's Office, under the direction of Sheriff Gilbert L. Wilson; New Jersey Office of Homeland Security and Preparedness, under the direction of Director Jared M. Maples; the Camden County Police Department, under the direction of Chief Joseph Wysocki; and the U.S. Department of Agriculture-Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins, with the investigation leading to the charges.
He also thanked the FBI Newark Division, New Jersey State Police, Camden County Prosecutor’s Office, and U.S. Drug Enforcement Administration (DEA) for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni of the Office’s Camden branch, and Sara F. Merin and Mark J. McCarren of the Newark Office.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
*denotes at large
East Hartford Man Sentenced to 87 Months in Prison for Trafficking Heroin Cut with Horse TranquilizerRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALEXANDER PENA, 28, of East Hartford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 87 months of imprisonment, followed by four years of supervised release, for trafficking heroin.
According to court documents and statements made in court, in October 2016, the Drug Enforcement Administration’s Hartford Task Force began an investigation of an organization that was trafficking large quantities of heroin, fentanyl and other narcotics in Connecticut and western Massachusetts. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical surveillance, revealed that members of the organization were receiving bulk quantities of heroin and fentanyl from out-of-state suppliers. They then stored, processed and packaged the heroin/fentanyl in multiple locations, including apartments located at 280 Collins Street in Hartford where some members of the organization also resided, and then distributed the drug in the Hartford area, and also the Springfield and Holyoke, Massachusetts area. A significant amount of drug trafficking activity occurred at the Neighborhood Supermarket, located at 316 Farmington Avenue in Hartford.
Investigators made multiple controlled purchases of heroin and fentanyl from Pena and other members of the drug trafficking organization in and around the Neighborhood Supermarket. The heroin/fentanyl was cut with xylazine, which is a horse tranquilizer.
During the investigation, law enforcement executed 12 search warrants in Connecticut and Massachusetts and seized approximately 10 kilograms of heroin and fentanyl, much of which was packaged for resale in hundreds of thousands of bags. Investigators also seized numerous vials of xylazine. Seven firearms also were seized.
Pena has been detained since his arrest on June 29, 2017. On that date, a search of Pena’s East Hartford residence revealed quantities of heroin and cocaine and approximately $10,000 in cash.
On December 9, 2019, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute heroin.
Fourteen individuals have been charged with various narcotics, firearms and immigration offenses as a result of this investigation.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. Agencies assisting the investigation include the Federal Bureau of Investigation, U.S. Postal Inspection Service, U.S. Marshals Service and Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Dominican National Pleads Guilty to Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national pleaded guilty today in connection with using the identity of a U.S. citizen.
Yohnny Peguero Villalona, 33, a Dominican national who formerly resided in Lynn, pleaded guilty to one count of false representation of a Social Security number, one count of aggravated identity theft and one count of making a false statement relating to a health care benefit program. Sentencing is scheduled for July 8, 2020. Peguero Villalona was arrested in December 2019 and has been detained since that time.
Peguero Villalona used the name and identifiers of a U.S. citizen for at least 13 years, including to obtain a Massachusetts driver’s license and to apply for MassHealth benefits. When he was arrested on unrelated charges, Peguero Villalona used the identity of this U.S. citizen. Fingerprints taken during the booking process following the prior arrest of Peguero Villalona matched fingerprints showing him to be a citizen of the Dominican Republic. During a search of Peguero Villalona’s residence, a Massachusetts driver’s license and a MassHealth card under the name of the U.S. citizen whose identity Peguero Villalona had fraudulently assumed, were recovered.
The charges of false representation of a Social Security number and false statement relating to a health care benefit program provide for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a two-year sentence to be served consecutively to any other sentence, as well as up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General, made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; U.S. Department of State, Diplomatic Security Service; U.S. Department of Housing and Urban Development, Office of Inspector General; U.S. Department of Labor, Office of Inspector General; and the Lynn Police Department. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
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Doctor Pays Civil Penalties for Violating the Controlled Substances ActRead the Press Release
ALEXANDRIA, Va. – A Richmond physician agreed to pay $24,000 in civil penalties for forging prescriptions for controlled substances for her own use in violation of the Controlled Substances Act.
On at least six occasions, Dr. Tanja Zlatkovic Zanin obtained blank prescription forms from her place of employment, forged the signatures of two physicians, and wrote, for her own use, prescriptions for Adderall, a Schedule II controlled substance. Under the terms of a parallel administrative resolution, Dr. Zanin entered into a Memorandum of Agreement with the DEA under which she is not permitted to purchase or distribute controlled substances for twenty-four months. Dr. Zanin admitted to her misconduct and took full responsibility for her actions.
The Controlled Substances Act regulates individuals and companies that manufacture, distribute and dispense controlled substances. The law aims to protect the public’s health and safety from dangers posed by highly addictive or dangerous controlled substances, including the diversion or improper use of such substances, while also ensuring that patients have access to pharmaceutical controlled substances for legitimate medical purposes.
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia and the DEA’s Richmond District Office.
Assistant U.S. Attorneys Ilene Albala and Robert P. McIntosh handled the Controlled Substances Act civil penalty matter. The administrative action was handled by John E. Beerbower of the DEA Office of Chief Counsel’s Diversion & Regulatory Litigation Section.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Department of Justice Begins First Distribution of Funds Recovered Through Asset Forfeiture to Compensate Victims of Western Union Fraud SchemeRead the Press Release
The Department of Justice announced today that the Western Union Remission Fund began its first distribution of approximately $153 million in funds forfeited to the U.S. government from the Western Union Company (Western Union) to over 109,000 victims located in the United States and abroad. These victims, many of whom were elderly victims of consumer fraud and abuse, will be recovering the full amount of their losses.
“The $153 million distribution announced today brings some measure of justice for the elderly and other victims who were financially harmed by the fraudulent schemes in this case,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The department remains resolute in its efforts to not only prevent fraud from occurring in the first place, but also to find and return ill-gotten gains.”
“Money Transfer Businesses such as Western Union are particularly susceptible to misuse by scammers,” said U.S. Attorney David J. Freed for the Middle District of Pennsylvania. “In nearly every case of this nature that we have encountered in the Middle District of Pennsylvania, money transfer businesses are used to facilitate the crimes. Working together with MLARS and the skilled and dedicated investigators of the Postal Inspection Service, we have achieved outstanding results – bringing fraudsters to justice and holding businesses such as Western Union accountable. In addition to increased fraud detection and protections, an integral part of that accountability involves Western Union making victims whole. $153 Million is a good start.”
“The losses and the number of victims in this case are staggering. This initial disbursement will provide relief to more than 100,000 individuals, who lost $153 million,” said Assistant Postal Inspector in Charge John Walker of the U.S. Postal Inspection Service’s Philadelphia Division. “Some lost their life’s savings as a result of these scammers. Postal Inspectors continue to be out front when it comes to investigating these con men and in protecting American citizens from them. Today, we are happy to play a third role — returning money to those who were scammed. Delivering justice, and in this case, delivering restitution.”
“Western Union turned a blind eye to the fraudulent payments made through its money transfer system,” said Andrew Smith, Director of the Federal Trade Commission’s Bureau of Consumer Protection. “We’re glad to be returning money to those consumers who were ripped off by fraudsters exploiting the Western Union system, and we will not tolerate Western Union or other payments companies facilitating fraud.”
In 2017, Western Union entered into a deferred prosecution agreement (DPA) with the United States. Pursuant to the DPA, Western Union acknowledged responsibility for its criminal conduct, which included violations of the Bank Secrecy Act and aiding and abetting wire fraud, and agreed to forfeit $586 million, which has been made available to compensate victims of the international consumer fraud scheme through the remission process. Western Union simultaneously resolved a parallel civil investigation with the Federal Trade Commission.
In this case, fraudsters specifically targeted seniors through primarily three distinct scams. First, in grandparent scams, the fraudster would pose as the victim’s relative, usually a grandchild, in need of immediate money to avoid personal harm such as a payment for medical expenses or ambulatory transportation. Second, in lottery or sweepstakes scams, victims received phone calls telling them that they had won large cash prizes but had to pay fees such as taxes to claim the prize. Many of these victims were re-victimized several times, as they were told to transfer large sums of money in multiple transactions on the promise that they would receive their prizes. Third, romance scams preyed on seniors searching for love or companionship on the internet. These victims were lulled into believing that their online love interest needed funds for a visit to the United States or some other purpose.
Certain owners, operators or employees of Western Union agent locations were complicit in the schemes. Western Union aided and abetted the fraud scheme by failing to suspend or terminate complicit agents and by allowing them to continue to process fraud-induced monetary transactions. Western Union had fulfilled its obligations under the DPA and the government has filed a motion to dismiss the information, which the court granted today.
This first round of payments is one of several expected to occur in the Western Union remission. The Department of Justice sent petitions for remission to over 500,000 potential victims of the Western Union fraud and anticipates authorizing compensation for many more victims in the coming months.
The Justice Department, through the Asset Forfeiture Program, works diligently to restore lost funds to victims of crime and acknowledges the significant assistance of the U.S. Postal Inspection Service (USPIS) Philadelphia Division’s Harrisburg, Pennsylvania Office in the Western Union remission. The victim compensation payments in the Western Union case would not have been possible without the extraordinary efforts of the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section; the U.S. Attorney’s Offices for the Middle District of Pennsylvania, the Central District of California, the Eastern District of Pennsylvania, and the Southern District of Florida; and the USPIS Philadelphia Division’s Harrisburg, Pennsylvania Office, the FBI’s Los Angeles Field Office, the Internal Revenue Service-Criminal Investigations, Homeland Security Investigations, Federal Reserve Board and the Consumer Financial Protection Bureau Office of Inspector General, and Department of the Treasury Office of Inspector General.
More information about the Western Union remission and its compensation to victims is available on the Western Union remission website at www.westernunionremission.com. Further questions may be directed to the Western Union Remission Administrator by phone at 844-319-2124 or by email at [email protected].
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.
Department of Justice Begins First Distribution of Funds Recovered Through Asset Forfeiture to Compensate Victims of Western Union Fraud SchemeRead the Press Release
HARRISBURG – U.S. Attorney David J. Freed joined Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, in announcing that the Western Union Remission Fund began its first distribution of approximately $153 million in funds forfeited to the U.S. government from the Western Union Company (Western Union) to over 109,000 victims located in the United States and abroad. These victims, many of whom included elderly victims of consumer fraud and abuse, will be recovering the full amount of their losses.
“Money Transfer Businesses such as Western Union are particularly susceptible to misuse by scammers,” said U.S. Attorney David J. Freed for the Middle District of Pennsylvania. “In nearly every case of this nature that we have encountered in the Middle District of Pennsylvania, money transfer businesses are used to facilitate the crimes. Working together with MLARS and the skilled and dedicated investigators of the Postal Inspection Service, we have achieved outstanding results – bringing fraudsters to justice and holding businesses such as Western Union accountable. In addition to increased fraud detection and protections, an integral part of that accountability involves Western Union making victims whole. $153 Million is a good start.”
“The $153 million distribution announced today brings some measure of justice for the elderly and other victims who were financially harmed by the fraudulent schemes in this case,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The Department remains resolute in its efforts to not only prevent fraud from occurring in the first place, but also to find and return ill-gotten gains.”
“The losses and the number of victims in this case are staggering. This initial disbursement will provide relief to more than 100,000 individuals, who lost $153 million,” said Assistant Postal Inspector in Charge John Walker of the U.S. Postal Inspection Service’s Philadelphia Division. “Some lost their life’s savings as a result of these scammers. Postal Inspectors continue to be out front when it comes to investigating these con men and in protecting American citizens from them. Today, we are happy to play a third role—returning money to those who were scammed. Delivering justice, and in this case, delivering restitution.”
“Western Union turned a blind eye to the fraudulent payments made through its money transfer system,” said Andrew Smith, Director of the Federal Trade Commission’s Bureau of Consumer Protection. “We’re glad to be returning money to those consumers who were ripped off by fraudsters exploiting the Western Union system, and we will not tolerate Western Union or other payments companies facilitating fraud.”
In 2017, Western Union entered into a deferred prosecution agreement (DPA) with the United States. Pursuant to the DPA, Western Union acknowledged responsibility for its criminal conduct, which included violations of the Bank Secrecy Act and aiding and abetting wire fraud, and agreed to forfeit $586 million, which has been made available to compensate victims of the international consumer fraud scheme through the remission process. Western Union simultaneously resolved a parallel civil investigation with the Federal Trade Commission.
In this case, fraudsters specifically targeted seniors through primarily three distinct scams. First, in grandparent scams, the fraudster would pose as the victim’s relative, usually a grandchild, in need of immediate money to avoid personal harm such as a payment for medical expenses or ambulatory transportation. Second, in lottery or sweepstakes scams, victims received phone calls telling them that they had won large cash prizes but had to pay fees such as taxes to claim the prize. Many of these victims were re-victimized several times, as they were told to transfer large sums of money in multiple transactions on the promise that they would receive their prizes. Third, romance scams preyed on seniors searching for love or companionship on the internet. These victims were lulled into believing that their online love interest needed funds for a visit to the United States or some other purpose.
Certain owners, operators or employees of Western Union agent locations were complicit in the schemes. Western Union aided and abetted the fraud scheme by failing to suspend or terminate complicit agents and by allowing them to continue to process fraud-induced monetary transactions. Western Union had fulfilled its obligations under the DPA and the government has filed a motion to dismiss the information, which the court granted today.
This first round of payments is one of several expected to occur in the Western Union remission. The Department of Justice sent petitions for remission to over 500,000 potential victims of the Western Union fraud and anticipates authorizing compensation for many more victims in the coming months.
The Justice Department, through the Asset Forfeiture Program, works diligently to restore lost funds to victims of crime and acknowledges the significant assistance of the U.S. Postal Inspection Service (USPIS) Philadelphia Division’s Harrisburg, Pennsylvania Office in the Western Union remission. The victim compensation payments in the Western Union case would not have been possible without the extraordinary efforts of the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section; the U.S. Attorney’s Offices for the Middle District of Pennsylvania, the Central District of California, the Eastern District of Pennsylvania, and the Southern District of Florida; and the USPIS Philadelphia Division’s Harrisburg, Pennsylvania Office, the FBI’s Los Angeles Field Office, the Internal Revenue Service-Criminal Investigations, Homeland Security Investigations, Federal Reserve Board and the Consumer Financial Protection Bureau Office of Inspector General, and Department of the Treasury Office of Inspector General.
More information about the Western Union remission and its compensation to victims is available on the Western Union remission website at www.westernunionremission.com. Further questions may be directed to the Western Union Remission Administrator by phone at 844-319-2124 or by email at [email protected].
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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Cory Ryan Day Sentenced for Enticement of a Child for Sexual Purposes and Traveling with the Intent to Illicit Sexual ConductRead the Press Release
Knoxville, Tennessee – On March 10, 2020, Cory Ryan Day, 24, currently of Huntsville, was sentenced by the Honorable Thomas A. Varlan in the United States District Court for the Eastern District of Tennessee at Knoxville.
As part of a plea agreement, Cory Ryan Day agreed to plead guilty to an information charging him with one count of enticement of a child for sexual purposes in violation of 18 U.S.C. § 2422(b) and one count of traveling with the intent to illicit sexual conduct in violation of 18 U.S.C. 2423(a). Day was sentenced to 120 months in prison, followed by 12 years of supervised release. Day will be required to register with state sex offender registries and comply with special sex offender conditions during his supervised release.
In September and October of 2018, in the Eastern District of Tennessee, Day contacted a 15-year-old boy through Snapchat, a social media site. Day sent the minor a video of a couple having sex. Day then offered to pay the minor $200 and buy him alcohol if he would allow Day to have sexual contact with him. The minor refused.
At the end of December of 2018, a young girl began receiving messages on Snapchat from Day, who purported to be a teenage girl and sent naked photos of a teenage girl. Day subsequently requested naked photos of the young girl. Day then arranged a meeting with her, offering money and cigarettes in exchange for allowing Day to engage in illicit sexual conduct with her. Day traveled from Scott County in the Eastern District of Tennessee to the Eastern District of Kentucky to meet the girl.
At the time of the crimes, Day was a teacher and coach with the Scott County Schools.
“This case is unfortunately representative of the calculated misuse of the Internet and social media by sexual predators,” said U.S. Attorney J. Douglas Overbey. “As parents, we need to be ever vigilant in protecting the children entrusted to our care. The U.S. Attorney’s Office will continue to prosecute to the full extent of the law those who use social media to entice and prey on children for illicit purposes.”
“Children are among the most vulnerable members of our community. They must be protected in any way we can. This investigation is a great example of the work that can be done when state and federal law enforcement agencies work together to remove those intent on harming the safety and well-being of our youth,” said FBI Special Agent in Charge Joe Carrico.
The criminal information was the result of an investigation by the Federal Bureau of Investigation and the Tennessee Bureau of Investigation. This investigation was led by FBI Special Agent Kristina Norris.
Assistant United States Attorney Jennifer Kolman represented the United States.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit www.justice.gov/psc.
For more information about internet safety education, please visit www.justice.gov/psc/resources.html and click on the tab "resources.”
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Boardman Woman Sentenced to Two Years in Prison for Identity TheftRead the Press Release
Laura J. Entrikin, age 60 of Boardman, Ohio, was sentenced today to 24 months in prison and one year of supervised release for using her deceased mother’s identity to steal social security benefits.
The announcement was made by United States Attorney Justin E. Herdman and Andrew Boockmeier, Acting Special Agent in Charge of the Social Security Administration (SSA) Office of the Inspector General, Chicago Field Office.
As part of her November 26, 2019 guilty plea, Entrikin admitted to forging her deceased mother’s name on 147 checks in order to withdraw social security retirement benefits deposited into the account after her mother died.
Entrikin was also ordered to pay $322,322 in restitution to the SSA.
This case was investigated by the SSA Office of the Inspector General and prosecuted by Special Assistant United States Attorney Jason White.
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Biddeford, Maine Man Convicted of Hate Crime AssaultsRead the Press Release
Following a three-day jury trial, Maurice Diggins, 36, of Biddeford, Maine, was convicted today of conspiring to commit hate crimes and of actually committing hate crimes by engaging in a series of racially motivated attacks against black men in Maine, announced the Department of Justice.
“Today’s conviction demonstrates that the Department of Justice will not tolerate horrific racially-motivated attacks,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The jury’s verdict reflects the sad fact that racism and violence remain linked more than 150 years after our nation abolished slavery. The Department of Justice will continue forcefully to prosecute race-based violations of our federal civil rights laws.”
“Today, a jury found Maurice Diggins guilty of committing three hate crimes,” said U.S. Attorney Halsey B. Frank of the District of Maine. “At trial, the government proved that Diggins conspired with his nephew, Dusty Leo, to brutally assault two men because they were black. In both cases, the men’s jaws required surgery to repair extensive damage. Diggins’ and Leo’s behavior was despicable. It violated America’s and Maine’s core values that all men are created equal, that they are entitled to pursue their lives without racial discrimination, and entitled to be safe from being assaulted because of the color of their skin. I am grateful to the jurors for their service, to the trial team for ably presenting the case, and to the federal defender for providing Mr. Diggins with the type of vigorous defense that our system provides to all defendants.”
According to evidence presented at trial, on April 15, 2018, defendant Diggins and his nephew, Dusty Leo (who previously pled guilty in connection with this case), committed two separate racially motivated assaults, one in Portland and one in Biddeford. In the Portland assault, which occurred just before 1:00 a.m., Diggins attacked a black Sudanese male without provocation, breaking the victim’s jaw. During that same incident, Diggins and Leo assaulted another black man who was standing nearby. Witnesses heard Diggins and Leo using racial epithets during the incidents.
In the second incident, which occurred approximately an hour later and approximately 20 miles away in Biddeford, defendant Diggins and Leo drove in Leo’s truck into the parking lot of a convenience store, where Diggins got out of the truck and approached a black man who was walking toward the store’s entrance. Diggins directed a racial slur at the man and distracted him while Leo got out of the truck and sucker-punched him in the jaw, knocking him to the ground. The unprovoked attack broke the victim’s jaw in several places.
Leo pleaded guilty on Feb. 25, admitting that he conspired to commit hate crimes and that he committed the hate crime against the victim in Biddeford.
Diggins faces up to 10 years in prison and a $250,000 fine on each of the two hate crime charges, and five years in prison and a $250,000 fine on the conspiracy charge. Leo faces the same penalties for the hate crime charge and conspiracy charge to which he pleaded guilty. They will be sentenced after the preparation of presentence investigation reports by the U.S. Probation Office.
The Biddeford Police Department and the FBI investigated the case. The case was prosecuted by Assistant U.S. Attorney Sheila Sawyer and Civil Rights Division Trial Attorney Timothy Visser.
For more information about the Department of Justice’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to Department of Justice hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.
Biddeford Man Convicted of Hate Crimes AssaultsRead the Press Release
Portland, Maine: Following a three-day jury trial, Maurice Diggins, of Biddeford, Maine, was convicted today of conspiring to commit hate crimes and of actually committing hate crimes by engaging in a series of racially motivated attacks against black men in Maine, announced Assistant Attorney General Eric Dreiband of the Civil Rights Division and U.S. Attorney Halsey B. Frank of the District of Maine.
“Today’s conviction demonstrates that the Department of Justice will not tolerate horrific racially-motivated attacks,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The jury’s verdict reflects the sad fact that racism and violence remain linked more than 150 years after our nation abolished slavery. The Department of Justice will continue forcefully to prosecute race-based violations of our federal civil rights laws.”
“Today, a jury found Maurice Diggins guilty of committing three hate crimes,” said U.S. Attorney Halsey B. Frank of the District of Maine. “At trial, the government proved that Diggins conspired with his nephew, Dusty Leo, to brutally assault two men because they were black. In both cases, the men’s jaws required surgery to repair extensive damage. Diggins’ and Leo’s behavior was despicable. It violated America’s and Maine’s core values that all men are created equal, that they are entitled to pursue their lives without racial discrimination, and entitled to be safe from being assaulted because of the color of their skin. I am grateful to the jurors for their service, to the trial team for ably presenting the case, and to the federal defender for providing Mr. Diggins with the type of vigorous defense that our system provides to all defendants.”
According to evidence presented at trial, on April 15, 2018, defendant Diggins and his nephew, Dusty Leo (who previously pled guilty in connection with this case), committed two separate racially motivated assaults, one in Portland and one in Biddeford. In the Portland assault, which occurred just before 1:00 a.m., Diggins attacked a black Sudanese male without provocation, breaking the victim’s jaw. During that same incident, Diggins and Leo assaulted another black man who was standing nearby. Witnesses heard Diggins and Leo using racial epithets during the incidents.
In the second incident, which occurred approximately an hour later and approximately 20 miles away in Biddeford, defendant Diggins and Leo drove in Leo’s truck into the parking lot of a convenience store, where Diggins got out of the truck and approached a black man who was walking toward the store’s entrance. Diggins directed a racial slur at the man and distracted him while Leo got out of the truck and sucker-punched him in the jaw, knocking him to the ground. The unprovoked attack broke the victim’s jaw in several places.
Leo pleaded guilty on February 25, admitting that he conspired to commit hate crimes and that he committed the hate crime against the victim in Biddeford.
Diggins faces up to 10 years in prison and a $250,000 fine on each of the two hate crime charges, and five years in prison and a $250,000 fine on the conspiracy charge. Leo faces the same penalties for the hate crime charge and conspiracy charge to which he pleaded guilty. They will be sentenced after the preparation of presentence investigation reports by the U.S. Probation Office.
The Biddeford Police Department and the FBI investigated the case. The case was prosecuted by Assistant U.S. Attorney Sheila Sawyer and Civil Rights Division Trial Attorney Timothy Visser.
For more information about the Department of Justice’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes a one-stop portal with links to Department of Justice hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.
Austin Man Sentenced to Federal Prison for Assaulting a Federal OfficerRead the Press Release
In Austin today, a federal judge sentenced 21-year-old Candido Rodriguez, III, to 92 months in federal prison for assaulting a Transportation Security Administration (TSA) security officer last year, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, U.S. District Judge Lee Yeakel ordered that Rodriguez be placed on supervised release for a period of three years after completing his prison term.
“I am pleased with the sentence in this case. We won’t tolerate violence against law-enforcement officers in Texas,” stated U.S. Attorney Bash.
On November 5, 2019, the victim was driving to work at the Austin Bergstrom International Airport and stopped at a traffic light just before the airport entrance. According to the factual basis filed in this case, to which Rodriguez admitted in court, Rodriguez approached the victim, who was behind the wheel of the vehicle with the driver’s side window open several inches. The victim was wearing an official TSA uniform with TSA insignia plainly visible. Rodriguez engaged in a brief verbal exchange with the victim, during which he referred to the victim being an “officer.” The victim responded by stating that the victim was employed as a security officer at the airport. Rodriguez then forcibly opened the driver’s side door of the vehicle and began striking, scratching and cutting the victim’s head, face and right hand with a piece of broken glass or other sharp object.
The victim ultimately escaped from Rodriguez by accelerating through the intersection and onto airport property. A number of stitches were necessary to close cuts on the victim’s face and right hand.
On December 18, 2019, Rodriguez pleaded guilty to one count of assaulting a federal officer.
The FBI conducted this investigation. Assistant U.S. Attorney Alan M. Buie prosecuted this case on behalf of the government. The U.S. Attorney’s Office appreciates the contributions of the Austin Police Department and the Travis County Sheriff’s Office.
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Athens Man Sentenced to 20 Years in Prison for Trafficking MethamphetamineRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced an Athens man for conspiracy to distribute methamphetamine, announced U.S. Attorney Jay E. Town, DEA Assistant Special Agent in Charge Clay Morris and Bureau of Alcohol Tobacco and Firearms Special Agent in Charge Marcus Watson.
U.S. District Judge Madeline H. Haikala sentenced David Matthew Pugh, to 20 years in prison for his role in a drug conspiracy in Morgan, Madison, and Lauderdale counties between January 2017 and July 2017. In August 2018, Pugh pled guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. Pugh also pled guilty to possession with the intent to distribute 50 grams or more of methamphetamine, and to possessing multiple firearms in furtherance of a drug-trafficking crime and being a felon in possession of a firearm.
“Those individuals who engage in drug trafficking belong in federal prison,” Town said. “This sentence assures the citizens of the Northern District that yet another peddler of this poison has been removed from the community and that criminals who plague our streets with drugs and guns will continue to be targets of federal prosecution.”
“This is yet another example of DEA’s unwavering commitment to keeping drug dealers from selling poison in our communities,” Morris said. “Drugs and guns are a deadly combination that often end with violent acts. This sentence should send a resounding message to all drug dealers in Alabama. We will target you, investigate you, and ensure that you go to prison in order to make our communities safe.”
ATF Special Agent in Charge Marcus Watson stated “ATF’s crime gun intelligence partnerships focused on the prohibited individual who used firearms to facilitate violent crimes.”
The DEA and ATF investigated the case, along with the Madison-Morgan County Strategic Counter-Drug Team (STAC), which Assistant U.S. Attorney Robert J. Becher, Sr. prosecuted.
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.
Associates of Western Addition “CDP” Gang Convicted of RICO Conspiracy and AccessoryRead the Press Release
SAN FRANCISCO – Earlier today, a federal grand jury convicted Barry Gilton, a/k/a “Prell,” of participating in a racketeering conspiracy, announced United States Attorney David L. Anderson and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The jury further found Gilton’s codefendant, Lupe Mercado, guilty of being an accessory to a murder committed by members of the San Francisco gang referred to as the Central Divisadero Players, a/k/a “Central Divis Playas” or “CDP.” The guilty verdicts follow a four-week jury trial before the Honorable William H. Orrick, U.S. District Judge, and represent the tenth and eleventh convictions in this racketeering case.
“The jury found that Gilton and Mercado participated in or assisted gang activity on San Francisco streets,” stated U.S. Attorney Anderson. “The jury’s verdict adds to nine prior convictions in the same case. Although much more work remains to be done, the verdicts are another significant step forward in dismantling a street gang that has imposed itself on San Francisco for far too long.”
“Gang members operate outside of the rule of law that allows our community to function as it should,” said FBI Special Agent in Charge Bennett. “Members of CDP showed no hesitation to use violence to further their activities, and as public servants sworn to protect our community we cannot and will not let that happen unchallenged.”
Evidence at trial showed that Gilton, 46, and Mercado, 45, both of San Francisco, Calif., associated with members of CDP. The evidence showed that CDP was a racketeering organization that worked collectively with other gangs in the Western Addition of San Francisco to preserve and protect the power, territory, reputation, and profits of the enterprise using intimidation, violence, assaults, and murder. CDP members and associates committed numerous crimes, including murder, attempted murder, pimping, robbery, firearms offenses, witness intimidation, drug trafficking, and the enticement of individuals to travel in interstate commerce for prostitution.
The eleven-defendant, 22-count second superseding indictment filed on August 14, 2014, in this case charged Gilton and Mercado with murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1); use, possession, brandishing, or discharge of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A); and use or possession of a firearm in a murder, in violation of 18 U.S.C. § 924(j). Gilton was also charged with racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); and Mercado was also charged as an accessory after the fact, in violation of 18 U.S.C. § 3. The jury convicted Gilton of the racketeering conspiracy and Mercado of being an accessory after the fact of a murder.
Judge Orrick has not yet scheduled Gilton’s and Mercado’s sentencing.
Gilton and Mercado face maximum statutory penalties of life in prison and 15 years, respectively. However, any sentence will 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.
The other nine defendants in this case have already been convicted and sentenced. Charles Heard (a/k/a “Cheese”) was sentenced to four life sentences; Jaquain Young (a/k/a “Loc”) was sentenced to four life sentences, plus additional terms of years; Adrian Gordon (a/k/a “Tit”) was sentenced to 27 years in prison; Alfonzo Williams (a/k/a “Fonz” or “Relly”) was sentenced to 25 years in prison; Antonio Gilton (a/k/a “TG” or “Tone”) was sentenced to 22 years in prison; Reginald Elmore (a/k/a “Fat Reg”) was sentenced to 22 years in prison; Esau Ferdinand (a/k/a “Sauce”) was sentenced to 20 years in prison; Monzell Harding, Jr. was sentenced to 12 years in prison; and Paul Robeson (a/k/a “P World”) was sentenced to six years in prison.
The U.S. Attorney’s Office’s Organized Crime Strike Force is prosecuting the case. The prosecution is the result of joint investigation by the FBI; the San Francisco Police Department’s Gang Task Force, Homicide Detail, Robbery Detail, Special Victims Unit, and the Northern, Park, and Bayview Stations; the San Francisco District Attorney’s Office; and the San Pablo Police Department.
Arizona Man Pleads Guilty to Drug ChargeRead the Press Release
PITTSBURGH – Krystian Zarate pleaded guilty to conspiring to distribute five kilograms or more of cocaine, United States Attorney Scott W. Brady announced today.
Zarate, age 28, previously resided in Santa Cruz, Arizona. He pled guilty before United States District Judge J. Nicholas Ranjan. Judge Ranjan scheduled sentencing to occur on July 16, 2020, at 2:00 p.m.
The law provides for a maximum sentence of at least 10 years and up to life in prison and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Alden Man Arrested, Charged with Possession and Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Kidder, 35, of Alden, NY, was arrested and charged by complaint with possession and receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, in August 2019, the FBI received information that a local IP address was accessing Tor, a computer network available to Internet users designed specifically to facilitate anonymous communication over the Internet to access child pornography. The IP address was subsequently traced to the defendant.
On January 28, 2020, the FBI executed a search warrant at Kidder’s Sandridge Road Apartment in Alden. Investigators seized two Samsung smartphones, a Thermaltake desktop computer, a Dell laptop computer, and two thumb drives. The two computers were submitted to the Western New York Regional Computer Forensics Laboratory (RCFL) for a full forensic exam. An initial search of the Samsung phones and thumb drives recovered videos and images of child pornography, some including infants and depictions of violence.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on March 10, 2020.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Monday 9 March 2020
Washington County Man Pleads Guilty to Cocaine and Methamphetamine Distribution ChargesRead the Press Release
ALBANY, NEW YORK – Nestor Cordero-Hernandez, age 43, of Fort Ann, New York, pled guilty on Friday to conspiring to distribute more than 500 grams of cocaine and more than 50 grams of methamphetamine. 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.
As part of his guilty plea, Cordero-Hernandez admitted that between September 2018 and November 2019, he agreed with others to participate in a drug trafficking conspiracy that distributed cocaine and methamphetamine. In furtherance of this drug trafficking conspiracy, he distributed over 600 grams of methamphetamine and 450 grams of cocaine in Fort Ann and elsewhere.
Sentencing is scheduled for July 2, 2020, at which time Cordero-Hernandez faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 5 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 was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
U.S. Attorney Davis Announces New Criminal ChiefRead the Press Release
BOISE – Assistant U.S. Attorney Justin D. Whatcott will be the new Criminal Chief for the U.S. Attorney’s Office for the District of Idaho, announced U.S. Attorney Bart M. Davis. He succeeds Assistant U.S. Attorney Aaron Lucoff as the Criminal Chief. Mr. Lucoff was the Criminal Chief for over nine years. At Mr. Lucoff’s request, U.S. Attorney Davis allowed him to step down as Criminal Chief so that he could pursue other opportunities within the Department of Justice. Mr. Whatcott will become the Criminal Chief on March 15, 2020.
Mr. Whatcott is a graduate of the University of Idaho College of Law. There, he served as an intern at the Latah County Prosecutor’s Office and was a dean’s list student. After graduating law school in 2001, he joined the Blaine County Prosecuting Attorney’s Office, where he handled a number of major felony cases. In September 2005, Mr. Whatcott joined the Ada County Prosecutor’s Office. In December 2005, he joined the Idaho Attorney General’s Office, serving as Lead Deputy Attorney General in the Special Prosecutions unit. In February 2009, he became the second Gang Special AUSA to work for the U.S. Attorney’s Office for the District of Idaho. In September 2010, he took the oath of office to become an Assistant United States Attorney. He served as the District of Idaho’s Immigration Coordinator, Project Safe Childhood Coordinator, and Computer Hacking and Intellectual Property Coordinator. Mr. Whatcott has also been an active criminal litigator throughout his tenure with the office, and will continue to litigate cases in addition to filling the role of Criminal Chief.
“It has been a privilege to have Aaron guide our criminal division for nearly a decade. His service to our District was remarkable and I will always be grateful for the contributions he has made to better our office,” said U.S. Attorney Davis. “I am excited about this new opportunity for Justin to lead our criminal division. He is a natural leader and is well respected within the office. I look forward to working alongside him.”
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U.S. Attorney Attends Department of Justice 2020 National Opioid SummitRead the Press Release
U.S. Attorney Ron Parsons, DEA Acting Administrator Uttam Dhillon and AUSA Jennifer MammengaWASHINGTON D.C. – United States Attorney Ron Parsons attended the Department of Justice’s National 2020 Opioid Summit held on March 4-6, 2020, at the Robert F. Kennedy Building in Washington D.C. The summit brought together U.S. Attorneys, prosecutors, law enforcement officials, health professionals, and other experts from across the country to discuss strategies for confronting and solving the opioid crisis. Featured speakers included U.S. Attorney General William Barr, Deputy Attorney General Jeffrey Rosen, First Lady Melania Trump, Uttam Dhillon (Acting Administrator of the Drug Enforcement Administration), and Sam Quinones (Journalist and Author of Dreamland). Assistant U.S. Attorney Jennifer Mammenga, Opioid Coordinator for the District of South Dakota, was also in attendance at the summit.
Two Men Indicted for Vandalizing Archaeological ResourceRead the Press Release
LAS VEGAS, Nev. – A federal grand jury indicted two Elko residents for allegedly conspiring to vandalize U.S. government property, including an archaeological site, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Bureau of Land Management (BLM)-Nevada State Director Jon Raby.
Daniel Plata, 25, and Jonathan Pavon, 25, were each charged with one count of conspiracy, one count of destruction of government property, and one count of unauthorized damage, alteration or defacement of archaeological resources. The defendants made their initial court appearance on March 6, before U.S. Magistrate Judge Carla Baldwin in Reno.
“This case reinforces the importance of law enforcement working together to maintain Nevada’s landscape, natural resources, and cultural artifacts for everyone to enjoy,” said U.S. Attorney Trutanich.
"I would like to thank all of our inter-agency partners for their continued efforts to protect the archaeological resources on public lands that are so critically important to our tribal nations and the American public, including the efforts to prosecute those who vandalize and destroy these important sites," said State Director Raby.
According to allegations contained in the indictment, on September 19, 2019, Pavon posted a video on his Instagram page showing Plata vandalizing: (a) property near the Schelbourne rest stop in White Pine County, Nevada; (b) property in McGill and Lund, Nevada; and (c) rock formations within the White River Narrows Archeological District in the Basin and Range National Monument. The indictment alleges that Pavon acted as a lookout while Plata spray-painted on rock formations that contained petroglyphs.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is a product of an investigation by the BLM. Special Assistant U.S. Attorney Rachel Kent is prosecuting the case.
To report natural resources crimes on BLM-managed public lands, please call the BLM tip line at (833) 660-5771 or email [email protected].
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Two Lynn Men Plead Guilty to Drug and Firearm PossessionRead the Press Release
BOSTON – Two Lynn men pleaded guilty today in federal court in Boston in connection with drug and firearm charges.
Carlos Lopez, aka “C-Lo,” 31, pleaded guilty to one count of possession with intent to distribute heroin and marijuana, one count of being a felon in possession of firearms and ammunition and one count of possession of firearms in furtherance of drug trafficking crimes. Dionis Lopez, aka “Kuku,” 29, pleaded guilty to one count of possession with intent to distribute fentanyl, cocaine and marijuana, one count of possession of a firearm with an obliterated serial number and one count of possession of firearms in furtherance of drug trafficking crimes. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for July 13, 2020. The defendants were arrested and charged in September 2018.
On Nov. 14, 2017, Carlos Lopez possessed and intended to distribute heroin and marijuana while in possession of a Bersa, Model Thunder 380, .380 caliber pistol and a Beretta, Model Px4, 9mm pistol with various rounds of 9mm ammunition. Due to a previous conviction for a crime punishable by more than one year in prison, Carlos Lopez was prohibited from possessing a firearm or ammunition. Dionis Lopez possessed and intended to distribute fentanyl, cocaine and marijuana while in possession of a Glock, Model 27, .40 caliber pistol with an obliterated serial number and a Glock, Model 19, 9 mm pistol.
The charge of possession with intent to distribute heroin and marijuana provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of $1 million. The charge of being a felon in possession of firearms and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of possession of firearms in furtherance of drug trafficking crimes provides for a mandatory sentence of five years in prison to be served consecutive to any other term imposed and up to three years of supervised release. The charge of possession of a firearm with an obliterated serial number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Lynn Police Chief Michael Mageary made the announcement today. Assistant U.S. Attorney Timothy Moran, Deputy Chief of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
Two Commercial Flooring Executives Plead Guilty to Rigging Bids in Violation of Federal Antitrust LawsRead the Press Release
Two commercial flooring executives, Robert A. Patrey Jr. and Kenneth R. Smith, pleaded guilty for their role in an antitrust conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced. The defendants are cooperating with the Justice Department’s ongoing investigation.
According to plea agreements filed in U.S. District Court in Chicago, Illinois, from at least as early as 2009 until at least June 22, 2017, the defendants engaged in a conspiracy to suppress and eliminate competition in the commercial flooring market by agreeing with other individuals and companies to submit “comp,” or complementary, bids so that the designated company would win the bidding. Smith’s plea today is the fifth plea in the investigation. Patrey entered a guilty plea on Feb. 27, 2020.
“The recent guilty pleas are the latest in the government’s investigation, and they won’t be the last,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “This scheme among commercial flooring contractors in the Chicago area victimized American taxpayers by targeting public institutions, including vulnerable public schools operating in a resource-constrained environment. The Antitrust Division and its law enforcement partners are committed to protecting taxpayer dollars and bringing to justice executives involved in these harmful bid-rigging cartels.”
“These defendants illegally manipulated the bidding process, victimizing American taxpayers and vulnerable institutions in the process,” said Special Agent in Charge Emmerson Buie, Jr. of the Federal Bureau of Investigation’s Chicago Field Office. “The FBI and its partners will continue to protect our communities by holding companies and their executives responsible for bid-rigging schemes.”
Individual violations of the Sherman Act carry maximum penalties of 10 years in prison and a $1 million criminal fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
The guilty pleas are the result of an ongoing federal antitrust investigation into bid rigging, price fixing, and other anticompetitive conduct in the commercial flooring industry, conducted by the Antitrust Division’s Chicago Office and the FBI’s Chicago Field Office. Last week, in a case arising out of this investigation, Carter Brett, an account executive for a large flooring manufacturer, pleaded guilty to two counts related to a bid-rotation conspiracy and a money-laundering conspiracy.
Anyone with information on bid rigging, price fixing, or other anticompetitive conduct related to the commercial flooring industry should contact the Antitrust Division’s Chicago Office at 312-984-7200, contact the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
Third Defendant Sentenced to Prison for Counterfeiting $100 BillsRead the Press Release
KANSAS CITY, KAN. – John Sebestyen, 51, Mission Viejo, Calif., was sentenced today to 37 months in prison for “washing” $1 bills to produce counterfeit $100 bills, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $19,900 in restitution.
Sebestyen was the third of three defendants sentenced in the case. Two co-defendants already were sentenced: Courtney Campbell, 38, Bouse, Ariz. (37 months, $18,100 restitution) and Steven Shane Escamilla, 31, Laguna Hills, Calif. (27 months, $19,900 restitution).
According to documents filed in court, an employee at a hotel in Overland Park contacted police to report that the defendants, who were staying at the hotel, were acting suspiciously. They deposited trash in containers away from their rooms that contained evidence of criminal activity.
The defendants washed the ink off $1 bills and reprinted them to look like $100 bills. They used the counterfeit bills to purchase items from retailers in the Kansas City metro area including Target and Ulta Beauty. In some cases, they returned items and received refunds in genuine currency.
McAllister commended the Overland Park Police Department, the U.S. Secret Service and Assistant U.S. Attorney Leon Patton for their work on the case.
Springfield Man Pleads Guilty to Meth, Illegal FirearmsRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man pleaded guilty in federal court today to illegally possessing firearms and methamphetamine to distribute.
Jacob Winterhawk Ryder, 38, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of possessing methamphetamine to distribute and one count of possessing firearms in furtherance of a drug-trafficking crime.
Springfield police officers noticed suspicious behavior and approached Ryder, the driver of a Ford Ranger that was parked beside another vehicle in a parking lot, on Jan. 21, 2016. When it appeared as if Ryder was attempting to conceal something underneath the front seat, an officer directed him to step out of his vehicle. The officer saw a live round for a 9mm handgun lying on the driver’s seat.
Police officers searched Ryder’s vehicle and found a loaded Walther .380-caliber semi-automatic pistol underneath the armrest, a loaded New England Firearms 20-gauge sawed-off shotgun under the driver’s seat, and more ammunition. Officers also found a black cloth bag with four Ziploc baggies that contained a total of 63.93 grams of pure methamphetamine, a Ziploc baggie that contained 17.8 grams of pure methamphetamine, a Rubbermaid container that contained 297.6 grams of pure methamphetamine, two LSD tabs, a Ziploc baggie containing mushrooms, a Ziploc baggie with unknown pills, and $1,175.
Under federal statutes, Ryder is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Jessica R. Keller. It was investigated by the Springfield, Mo., Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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.Sissonville Man Pleads Guilty to Role in Federal Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Sissonville man pled guilty in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart. Michael Eugene Hicks, 36, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine.
“Hicks is one of 21 individuals indicted for their roles in a large meth trafficking conspiracy,” said United States Attorney Mike Stuart. “My office will use every available resource to shut down the pipeline of deadly drugs coming into West Virginia, prosecute those responsible to the fullest extent of the law, and protect the people of our state.”
Hicks admitted that between the July and September of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Sissonville and Charleston areas. During the conspiracy, Hicks repeatedly obtained large quantities of methamphetamine which were transported from Akron to West Virginia. Hicks would in turn distribute the methamphetamine to various customers and admitted that he knew some of his customers intended to re-distribute the methamphetamine they were purchasing.
On August 5, 2019, Hicks traveled from West Virginia to the Canton, Ohio area to acquire additional methamphetamine. After receiving the methamphetamine in a shopping mall parking lot, Hicks was stopped by the Ohio State Highway Patrol in Canton. Hicks was found to be in possession of approximately 5 pounds of methamphetamine that he was transporting to West Virginia to sell.
As part of his plea, Hicks admitted that he was responsible for distributing up to 5 kilograms of methamphetamine during the conspiracy.
Hicks faces 10 years to life in prison when sentenced on June 29, 2020.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
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Savannah man claiming to be a 'sovereign citizen' convicted of illegally carrying a firearmRead the Press Release
SAVANNAH, GA: A federal jury took less than 15 minutes to find a so-called ‘sovereign citizen’ guilty of illegally carrying a gun.
Michael Levant Williams, 36, of Savannah, was found guilty after a two-day trial in U.S. District Court in Savannah, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a penalty of up to 10 years in prison, followed by a period of supervised release. There is no parole in the federal system.
“For the second time this year, a so-called ‘sovereign citizen’ has tried, and failed, to excuse his illegal actions in the Southern District by claiming to be above the law,” said U.S. Attorney Christine. “No one is above the law – especially those claiming fictitious legal status in an attempt to circumvent their guilt for repeated criminal behavior.”
Williams, who had a previous federal felony conviction for Possession with Intent to Distribute Controlled Substances, was arrested during a traffic stop by Savannah Police officers Nov. 22, 2018 on a traffic violation. A firearm was recovered during a subsequent search. As a convicted felon, he is prohibited from possessing weapons.
After his arrest, and during subsequent legal proceedings, Williams acted as his own attorney and claimed to be a “sovereign citizen” who was immune from the law. In an unrelated case in U.S. District Court in January, an Augusta man who similarly claimed “sovereign citizen” status was sentenced to 25 years in prison for fraudulent legal filings that targeted federal officials.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Savannah Police Department, and prosecuted for the United States by Assistant U.S. Attorneys Joshua Bearden and Karl Knoche.
San Bernardino County Man Who Brought Rifle into Restaurant after Being Denied Alcohol Sentenced to 10 Years in Federal PrisonRead the Press Release
LOS ANGELES – A convicted felon who brought an assault rifle into a restaurant and brandished it at the manager after employees refused to serve him an alcoholic beverage was sentenced today to 120 months in federal prison.
Francisco Alvarado Felix, 33, of Hesperia, was sentenced by United States District Judge R. Gary Klausner.
Felix and a friend visited a BJ’s Restaurant and Brewhouse in Victorville during the early morning hours of December 29, 2018. He attempted to order an alcoholic drink, but BJ’s employees declined to serve him because he did not have proper identification. When restaurant employees later saw Felix sipping from his friend’s alcoholic beverage, the manager warned Felix he was not allowed to drink alcohol without identification and he would be forced to leave the restaurant if he did it again.
Felix then went to his car and returned with a concealed AR-15 rifle. He flashed the rifle at the manager and the two ended up in a fight on the ground, which resulted in one round being discharged from the rifle. No one was hit. Felix fled the scene with the rifle and hid until the next morning when officers executed a search warrant and arrested him at his house. During the search, officers recovered the AR-15 rifle, ammunition, and, on Felix’s person, 37.6 grams of methamphetamine packaged in two separate baggies.
In August 2019, Felix pleaded guilty to one count of being a felon in possession of a firearm and ammunition, and one count of possession with intent to distribute methamphetamine. Felix previously was convicted in San Bernardino County Superior Court for felony DUI in 2014 and of three separate felony methamphetamine-related charges in 2015 and 2016.
At the time of the scuffle with the manager at BJ’s Restaurant, Felix was out on bail in a state case. The state case stemmed from a December 5, 2018 incident at a Highland casino when a valet parking attendant found a semi-automatic pistol attached to the front console of Felix’s car next to the driver’s seat. Felix was subsequently charged by the United States Attorney’s Office in that matter, and he has pleaded guilty to one count of being a felon in possession of a firearm and ammunition. His next court hearing in that matter is March 16 before United States District Judge Dale S. Fischer, who may impose a sentence at that time. Felix faces a statutory maximum sentence of 10 years in federal prison in this second firearms-related case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the San Bernardino County Sheriff’s Department investigated this case.
This matter was prosecuted by Assistant United States Attorney Jerry C. Yang of the Riverside Branch Office.
Primgar Man Sentenced to Federal Prison for Theft of 55 Guns.Read the Press Release
A convicted felon who possessed stolen guns was sentenced on March 6, 2020, to more than a year in federal prison.
Thomas Robert Ginger, Jr., age 45, from Primgar, Iowa, received the prison term after a guilty plea to one count of possession of a firearm by a felon and one count of possession of a stolen firearm. Ginger was previously convicted of felony sponsoring a gathering for use of drugs. Ginger also has four convictions for OWI.
Information provided by the United States at the arraignment, change of plea and sentencing hearings, showed that when Ginger learned of his father’s death, he left his grieving family at the hospital, drove nearly two miles to his mother’s home, and kicked in the exterior door. Once inside, Ginger then broke through another door into an interior “gun room” and stole 55 firearms that had belonged to his father’s Federal Firearm Licensee business. Ginger also took $7,700 in cash and a briefcase that contained a coin collection. He hid the guns in a car at one person’s home and hid the money underneath a sink at his home. When law enforcement confronted Ginger about the crime he initially lied about his whereabouts and involvement. Later, after the weapons were discovered, he confessed.
Ginger was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ginger was sentenced to 18 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Ginger will self-report to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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 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. The United States Attorney’s Office has prosecuted this case with support from our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the O’Brien (Iowa) County Sheriff’s Office, and the Sanborn, Iowa Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4056.
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Plainville Man Charged with Producing Child PornographyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Jason J. Molina, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), today announced that KYLE FASOLD, 49, of Plainville, was arrested on Friday and charged with child pornography offenses.
After his arrest, Fasold appeared before U.S. Magistrate Judge Thomas O. Farrish in Hartford and was ordered detained. Judge Farrish scheduled a detention hearing for tomorrow at 10:00 a.m.
As alleged in court documents and statements made in court, on March 6, 2020, HSI special agents, with the assistance of the Plainville Police Department and Connecticut State Police, executed a court-authorized search of Fasold’s residence and seized numerous electronic items, including an Apple iPhone X. Preliminary forensic analysis of the iPhone revealed multiple video files and an image file of girls changing in a locker room.
It is alleged that Fasold produced the videos and image himself.
The complaint charges Fasold with production and attempted production of child pornography, and possession of child pornography. Production of child pornography carries a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, and possession of child pornography carries a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
U.S. Attorney Durham noted that this investigation is in its early stages and investigators are working to identify and notify victims.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Plainville Police Department and Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorneys Nancy V. Gifford and Sarala V. Nagala.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Pittsburgh Man on Parole Sentenced to 6+ Years for Conspiring to Distribute Heroin and a Fentanyl AnalogueRead the Press Release
PITTSBURGH – Tyrone Swan was sentenced to six years and three months (75 months) in federal prison for conspiring to distribute heroin and para-fluoroisobutyryl fentanyl in 2018, United States Attorney Scott W. Brady announced today.
Swan, age 30 of Pittsburgh, was sentenced by United States District Judge Cathy Bissoon. Judge Bissoon also sentenced Swan to serve six years of supervised release following his prison sentence. Swan was on state parole from a prior prison sentence for voluntary manslaughter and aggravated assault when he conspired to distribute heroin and para-fluoroisobutyryl fentanyl in 2018.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Jefferson Hills Police Department, the Pleasant Hills Police Department, the Allegheny County District Attorney’s Office Narcotics Enforcement Team, the Federal Bureau of Investigation, and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the conviction and sentence in this case.
Pittsburgh Man Pleads Guilty to Running a Methamphetamine Pill Pressing OperationRead the Press Release
PITTSBURGH – A resident of Pittsburgh, PA, has pleaded guilty to federal narcotics charges, United States Attorney Scott W. Brady announced today.
Zachery Hyde, age 27, pleaded guilty to one count of conspiracy to possess with the intent to distribute and distribute 50 grams or more of methamphetamine, possession with intent to distribute 50 grams or more of methamphetamine, and maintaining a drug involved premises before United States District Court Judge Nicholas Ranjan. Judge Ranjan scheduled his sentencing for June 29, 2020 at 11:00 a.m.
According to information presented to the court, Hyde conspired with other individuals to acquire large quantities of methamphetamine. Hyde sourced the methamphetamine in a variety of ways, including ordering quantities of methamphetamine over the internet and having it shipped to the Pittsburgh area from out of the country. Hyde then used a location in McKees Rocks to press the methamphetamine into pill form for distribution. On December 7, 2017, the Western District of Pennsylvania FBI Opioid Task Force executed a search warrant at a location in McKees Rocks when Hyde and others were present. FBI recovered approximately 447 grams of a mixture of methamphetamine, pill pressing material, drug paraphernalia, and shipping boxes. At a later date, FBI seized a large hydraulic pill press used in connection with the operation. As part of his guilty plea, Hyde agreed to forfeit the pill press.
The law provides for a mandatory minimum sentence of five years in prison and a maximum sentence of not more than 40 years in prison and/or a fine of not more than $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the conviction in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, Stowe-Rox Police Department, and Pennsylvania Attorney General’s Office. The Allegheny Office of the Medical Examiner and Stowe-Rox Police Department also assisted in the prosecution of this case.
Phony Immigration Attorney Who Filed More Than 215 Fraudulent Asylum Applications IndictedRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of a 25-count indictment charging Elvis Harold Reyes (56, Brandon) with 8 counts of mail fraud, 8 counts of making false statements in immigration documents, and 9 counts of aggravated identity theft. If convicted, Reyes faces a maximum penalty of 20 years in federal prison for each count of mail fraud, up to 15 years’ imprisonment for each false statement count, and a mandatory, consecutive term of two years’ imprisonment for the aggravated identity theft counts.
According to the
indictment , Reyes, who owned and operated EHR Ministries Inc., portrayed himself as an immigration attorney, pastor, accountant, immigration expert, former immigration official, and former federal law enforcement officer. Reyes is not and has never been a licensed attorney. Reyes targeted undocumented immigrants from Spanish-speaking countries who were seeking Florida driver licenses and work authorization. He gave false, inaccurate, and incomplete legal and immigration advice to victims in order to induce them to retain his services and those of EHR Ministries.Victims retained and paid Reyes to represent them in immigration-related matters before U.S. Citizenship and Immigration Services (USCIS) and other agencies. Reyes allegedly filed fraudulent immigration applications in the victims’ names, seeking asylum relief and withholding-of-removal protections provided for under the United Nations Convention Against Torture. In doing so, Reyes falsified answers to questions in the asylum applications—fabricating stories about threats, persecution, and the applicants’ fear of returning to their native countries. Reyes did not inform the victims of the answers that he had provided on their behalf. He also did not inform the victims about the legal, administrative, and other immigration-related consequences that might follow from filing for asylum relief or for Convention Against Torture protection.
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.
Reyes is believed to have filed more than 215 fraudulent applications, with intended losses to victims exceeding $1 million. Any person who was, or knows of someone who may have been, a possible victim is urged to contact the Department of Homeland Security, Homeland Security Investigations, at 1-866-DHS-2ICE or http://www.ice.gov/webform/hsi-tip-form.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations, the United States Citizenship and Immigration Service, and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Frank Murray.