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Tuesday 11 February 2020
Federal Jury Convicts Doctor on Fraud Charges for Approving Medically Unnecessary TestsRead the Press Release
CHICAGO — A federal jury in Chicago has convicted a physician on fraud charges for approving medically unnecessary tests that were billed to Medicare.
While working for Chicago-based Grand Medical Clinic Inc., DR. OMAR GARCIA authorized percutaneous allergen tests for numerous Medicare beneficiaries, knowing that the tests were not medically necessary. In most instances, Dr. Garcia issued his approval after the tests had already been completed. Dr. Garcia submitted or caused to be submitted fraudulent claims to Medicare for payment of the unnecessary tests.
The jury in federal court in Chicago on Monday convicted Dr. Garcia, 52, of Ocala, Fla., and formerly of Wilmington, Ill., on all six counts of health care fraud. Each count is punishable by a maximum sentence of ten years in prison. U.S. District Judge Matthew F. Kennelly set sentencing for May 6, 2020.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; and Martin J. Dickman, Inspector General of the U.S. Railroad Retirement Board. The U.S. Office of Personnel Management and the U.S. Food and Drug Administration provided valuable assistance. The government is represented by Assistant U.S. Attorneys Kavitha J. Babu and Saurish Appleby-Bhattacharjee.
Evidence at the five-day trial revealed that Dr. Garcia’s fraud scheme began in 2011 and continued until 2015. Dr. Garcia and others submitted the fraudulent bills from Grand Medical and other medical entities in an attempt to reduce the volume of billing by any single company and minimize scrutiny from Medicare. After the entities received payments from Medicare, Dr. Garcia was paid via checks reflecting his percentage of the payments.
Fayetteville Man Sentenced to 30 Months Imprisonment for Failing to Register as a Sex OffenderRead 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 LAQUAVIS DESHAWN ARCHER, 32, of Fayetteville to 30 months’ imprisonment, followed by 5 years of supervised release. ARCHER was named in a single-count Indictment on April 17, 2019, charging him with failing to register as a sex offender. On July 8, 2019, he pled guilty to the Indictment.
According to the investigation, on July 13, 2007, ARCHER was convicted of three counts of child molestation and one count of incest in Cobb County, GA. ARCHER was sentenced to 3 years’ incarceration and required to register as a sex offender for his lifetime. ARCHER first registered as a sex offender on July 2, 2009. On April 28, 2015, ARCHER was convicted in Georgia state court of failure to register as a sex offender. At that time, ARCHER again signed a form acknowledging his responsibility to register as a sex offender and to keep law enforcement informed of his residence if he were to move. In September of 2017, however, the Fulton County Sheriff's Office in Georgia found that ARCHER had absconded and obtained an arrest warrant for state sex offender registry violations.
The investigation revealed that ARCHER had relocated to North Carolina. Law enforcement obtained employment records showing that ARCHER had taken up residence in Fayetteville, NC, in August of 2017, and resided there until the time of his state arrest on July 10, 2018. During a post-arrest interview, ARCHER admitted that he had traveled to North Carolina during the summer of 2017 and had remained there as a resident. ARCHER had not registered as a sex offender in North Carolina, as required under the Sex Offender Registration and Notification Act (SORNA).
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
The U.S. Marshals Service conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Essex County Man Sentenced to Three Years in Prison for Bank Fraud and Aggravated Identity TheftRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced today to 36 months in prison for his role in a scheme to use credit cards stolen by mail carriers from the mail, U.S. Attorney Craig Carpenito announced.
Elhadj Fofana, 23, of Orange, New Jersey, previously pleaded guilty before U.S. District Judge Kathryn S. Hayden to an information charging him with bank fraud and aggravated identity theft. Judge Hayden imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From July 2017 to February 2018, Fofana and others used credit cards that were stolen by mail carriers to make unauthorized purchases of retail goods, such as Apple MacBook Pro devices and other Apple products, throughout New Jersey and New York, causing financial losses to the banks that issued the credit cards. Olagoke Araromi and Moussa Dagno, who bribed the mail carriers to steal the credit cards from the mail that were used for the scheme were sentenced in October to prison terms for their roles in the scheme.
In addition to the prison term, Judge Hayden sentenced Fofana to three years of supervised release and ordered him to pay restitution in the amount of $114,680.
U.S. Attorney Carpenito credited special agents with the U.S. Postal Service Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jihee G. Suh and Senior Trial Counsel Mark McCarren of the U.S. Attorney’s Office’s Special Prosecutions Division.
Erie Tax Preparer Charged with Violating Federal Tax LawsRead 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 tax laws, United States Attorney Scott W. Brady announced today.
The twenty-count Indictment named Erika A. Grandberry, 45, as the sole defendant.
According to the Indictment presented to the court, Grandberry, while working as a free-lance tax preparer, knowingly and repeatedly reported false and fraudulent income and expenses for non-existent businesses on Individual Tax Returns from 2015 to 2017.
The law provides for a maximum total sentence of 60 years in prison, a fine of $5,000,000, 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 Internal Revenue Service, Criminal Investigation Division conducted the investigation leading to the Indictment in this case.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Erie Man Indicted on Project Safe Childhood ChargesRead 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 Superseding Indictment named Randy Dwayne Tate, 38, as the sole defendant.
According to the Superseding Indictment presented to the court, in October 2015, Tate attempted to produce child pornography by recording a video of a minor female in a bathroom without her permission. Tate was then found in possession of that video on his cell phone.
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.
The law provides for a maximum total sentence of 40 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 United States Postal Inspection Service and the Erie Police Department conducted the investigation leading to the Superseding Indictment in this case.
A Superseding Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Dual Colombian-U.S. Citizen Charged with Illegally Exporting Assault Rifles from Florida to ColombiaRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Jhon Alejandro Marin-Moreno (39, Medellin, Colombia) with conspiracy to smuggle goods from the United States, smuggling goods from the United States, and shipment of a firearm with an obliterated serial number. If convicted on all counts, Marin-Moreno faces a maximum penalty of 80 years in federal prison.
According to the indictment, Marin-Moreno is a dual citizen of the United States and Colombia who recruited individuals in Florida to acquire firearms for him, including numerous types of assault rifles. Marin-Moreno then arranged to illegally export the firearms to Colombia by concealing the weapons in packages containing household items. Marin-Moreno and his coconspirators attempted to obliterate the serial numbers on the firearms so that they could not be traced. Some of the firearms were acquired to satisfy debts owed for drug purchases. Neither Marin-Moreno nor his coconspirators applied for or obtained the necessary licenses for exporting defense articles as required by federal law.
On February 10, 2020, Marin-Moreno was detained while traveling through Panama and was immediately removed to the United States to face the charges in the indictment.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Colombia’s Policía Fiscal y Aduanera (POLFA), a unit of the National Police of Colombia. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.
Douglas County Man to Serve 26 Years in Prison for Sex Crimes Against Minor GirlsRead the Press Release
URBANA, Ill. – A rural Douglas County, Ill., man, Dennis H. West, was sentenced today to 26 years in prison for committing sex crimes against minor girls. West, 44, of Atwood, Ill., a rural community approximately 30 miles east of Decatur, Ill., appeared before U.S District Judge Michael M. Mihm in Urbana. Judge Mihm ordered that West remain on supervised release for 15 years following release from prison. West has remained in law enforcement custody since his arrest in March 2019.
On Sept. 9, 2019, West pleaded guilty to five counts of sexual exploitation of minors in 2017 and 2018. According to court documents, West began grooming the minors when they were in junior high school. West paid the children to engage in sex acts and to send pictures to him of sexually explicit conduct.
The charges were investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations and the police departments of Atwood, Tuscola, Arthur, and Decatur, Ill., in coordination with the Piatt and Douglas County State’s Attorney’s Offices. The case was prosecuted by Assistant U.S. Attorney Elly M. Peirson.
This case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Dominican National Sentenced for Identity Theft and Stealing MassHealth BenefitsRead the Press Release
BOSTON – A Dominican national formerly residing in Lawrence was sentenced today in federal court in Boston for Social Security and benefit fraud.
Ismael Robles Tejeda, 30, was sentenced by U.S. District Court Judge Patti B. Saris to 18 months in prison and ordered to pay $17,520 in restitution. Judge Saris signed a stipulated judicial order of removal thereby expediting the defendant’s removal proceedings to the Dominican Republic following his incarceration. In October 2019, Robles Tejeda pleaded guilty to one count of false representation of a Security number and one count of false statements in matters relating to health care.
On Aug. 3, 2015, Robles Tejeda applied for a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican citizen. In October 2015, Robles Tejeda used that Massachusetts identification card to apply for and receive over $17,500 worth of MassHealth benefits in the Puerto Rican citizen’s name. When Robles Tejeda was arrested in April 2019, he had in his pocket a Massachusetts driver’s license issued to him in the identity of the Puerto Rican citizen. Robles Tejeda was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo. The defendant obtained the Massachusetts identification card in a fraudulent identity less than one month after he provided his true identity and was arrested for selling heroin in Lawrence, posted bail, and failed to appear at his Lawrence District Court arraignment date.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Phillip Coyne, Special Agent in Charge of Department of Health and Humand Services, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistants U.S. Attorney Lindsey E. Weinstein and Kenneth G. Shine of Lelling’s Criminal Division prosecuted the case.
Department of Justice Announces Agenda for Next Week's Workshop on Section 230 of the Communications Decency ActRead the Press Release
The Department of Justice has released a final agenda for the Feb. 19, 2020, public workshop on Section 230 of the Communications Decency Act. The public workshop, titled “Section 230 – Nurturing Innovation or Fostering Unaccountability?,” will discuss the evolution of Section 230 from its original purpose in granting limited immunity to Internet companies, its impact on the American people, and whether improvements to the law should be made.
The released agenda includes welcome remarks from Attorney General William P. Barr and distinguished panelists with a wide variety of perspectives on Section 230. The final agenda, and more information on the event, can be found here: https://www.justice.gov/ag/webform/section-230-workshop-registration. The workshop is free and open to the public, and will be held in the FBI Auditorium, 935 Pennsylvania Ave NW, Washington, D.C. 20535, from 9 a.m. Eastern Time to 12:45 p.m. Eastern Time.
The department has registered over 350 attendees for the event, but limited seats are still available. If you would like to attend, please RSVP before 5 p.m. on Wednesday, Feb. 12, 2020, through the event webpage. As seating is limited, invitations to attend will be sent to registered participants on a first-come, first-served basis. Members of the press should also email [email protected].
Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the department by sending an email to [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.
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 Taking Steps to Combat Dangerous and Unlawful Polices of “Sanctuary Jurisdictions”Read the Press Release
SALT LAKE CITY – U.S. Attorney General William P. Barr highlighted steps the Department of Justice is taking to combat the dangerous and unlawful practices of “sanctuary jurisdictions” in a speech at the National Sheriffs’ Association Winter Legislative and Technology Conference in Washington, D.C., late Monday afternoon. Utah’s U.S. Attorney John W. Huber shares those concerns, but says continued communication, cooperation and a shared commitment to protect Utah communities from criminal conduct is working in ICE cases in Utah.
“Let us state the reality upfront and as clearly as possible: When we are talking about sanctuary cities, we are talking about policies that are designed to allow criminal aliens to escape. These policies are not about people who came to our country illegally but have otherwise been peaceful and productive members of society. Their express purpose is to shelter aliens whom local law enforcement has already arrested for other crimes. This is neither lawful nor sensible,” the Attorney General said in his remarks to the Sheriffs Association. “It is not lawful because the Constitution vests the federal government with the sole authority to make and enforce immigration law,” the Attorney General said Monday.
“In 2017, I spoke from the podium in the White House Press Briefing Room regarding unwise sanctuary policies across the nation. I was reminded of those concerns as I listened to the remarks Attorney General Barr shared with sheriffs Monday afternoon,” U.S. Attorney John W. Huber said. “Removing unnatural impediments to cooperation between local and federal law enforcement will help keep our neighborhoods safe,” Huber said today.
“Each year my office prosecutes hundreds of criminal aliens with extensive criminal records and, in many cases, multiple previous deportations. We find these criminals back in Utah committing new crimes. If these offenders are released from local jails into our communities without coordinating with federal officers, there is no question our communities will be less safe. Unlike some areas around the country, we have the support and cooperation of Utah law enforcement agencies as we all work together to protect Utah communities,” Huber said.
According to Huber, the U.S. Attorney’s Office in Salt Lake City filed 42 illegal re-entry of previously removed alien cases in January of this year. The overwhelming majority of the defendants in these cases were illegal aliens found in local jails.
“Cooperation between law enforcement agencies and ICE is in the best interest of the residents of Utah,” said Robert Culley, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations field director in Salt Lake City. “Let me be clear, we target specific individuals, not random immigrants in our communities. These criminal aliens come to our attention specifically because they have been arrested and booked by local law enforcement following the alleged commission of a crime. Allowing criminal aliens to be released to the streets puts our communities in avoidable potential danger.”
Examples of Utah cases include:
U.S. v Luis Fernando Bueso-Romero: A federal complaint filed Feb. 5, 2020, charges Bueso-Romero with damaging a building by means of fire. The complaint charges him in connection with a Feb. 1, 2020, fire at the Overlook Point Apartments in West Valley City. At about 8:25 p.m. that day, West Valley Fire and Police Departments were dispatched to a fire at the apartments. They found an eight-unit apartment building engulfed in flames. Two residents had to evacuate by jumping off second story balconies. The investigation led police officers to Bueso-Romero, a citizen of Honduras living illegally in the United States. Police officers took him into custody and booked into the county jail for attempted murder, aggravated arson, criminal trespass, and causing a catastrophe. Federal authorities filed a detainer with the jail. The U.S. Attorney’s Office filed federal charges Feb. 5 and brought him into federal custody. He faces up to 20 years in federal prison with a five-year minimum mandatory sentence if he is convicted of the charges in the complaint. His next court hearing is Feb. 20, 2020.
U.S. v Roberto Miramontes Roman – Roman is an armed drug dealer who boasted that he would kill a law enforcement officer to stay out of jail. He was previously deported to Mexico after being convicted of two felony drug offenses. On both occasions, he was found in possession of cocaine and firearms. After deportation, he twice re-entered the country illegally. On Jan. 5, 2010, he was stopped by Millard County Sheriff’s Deputy Josie Greathouse Fox on suspicion of drug trafficking. He had just sold methamphetamine and was armed with a handgun and a semi-automatic rifle. To avoid being apprehended, Roman intentionally shot and killed Deputy Fox. Following a state trial in the case, a federal grand jury charged Roman with intentionally killing a local law enforcement officer to avoid apprehension for a felony drug crime, drug trafficking offenses, firearms violations, and illegal re-entry by a previously removed alien. A jury convicted him on all counts. In May 2017, Roman was sentenced to life in prison plus 80 years in federal prison.
U.S. v Geronimo Cuara – Cuara had two previous removals from the United States – one on Aug. 9, 2012, and a second on Sept. 29, 2018. Prior to his removal in September 2018, he was convicted in Utah of possession of a firearm by an illegal alien and illegal re-entry of a previously removed alien. He was sentenced to 18 months in federal prison and one year of supervised release.
A few short months after his last conviction and removal, Cuara was back in Salt Lake County. On the Sunday evening, May 27, 2019, during Memorial Day weekend, many people were outside in their front yards celebrating a holiday weekend. Cuara was walking down the street when he pulled out a gun and began firing multiple shots into the air. Several people initially believed the shots were fireworks, but then realized what was actually happening. People grabbed their children and ran for cover inside their houses.
Residents of the neighborhood were in fear for their safety. Cuara walked a short distance and again removed the gun from his waistband, pointed it in the air, and fired several more shots. This was not new behavior for him. His prior conviction for illegal firearm possession was for the same conduct – using the firearm to shoot bullets into the air.
He was charged in a two-count indictment with felon in possession of firearm and illegal re-entry of a previously removed alien. He pleaded guilty to both counts and was sentenced to 46 months prison and three years of supervised release. He also received an eight-month sentence for his supervised release violation. Four months of that sentence will run consecutive to his new 46-month sentence.
U.S. v Harlin Colindres-Ramos: Ramos is an illegal alien with four previous deportations from the United States. Less than a year after his most recent removal, Ramos was discovered back in the United States.
“Please don't kill me. I have kids.” The victim's plea was in vain, as Harlin Ramos stabbed him eight times, including a fatal thrust to the heart. In April 2014, according to reports and court records, Joaquin Gonzalez had just left a movie when a complete stranger stabbed him to death. Gonzalez and a woman left the Gateway movie theater about 1:20 a.m. and returned to a car at 515 W. 100 South. Ramos was selling drugs in the area. He opened Gonzalez's passenger-side door, according to an arrest affidavit. Ramos and Gonzalez started fighting, during which time Ramos began stabbing Gonzalez. Ramos ultimately fled the scene. Despite aid from emergency responders, Gonzalez died at the scene. Officers eventually found Ramos at a motel near 1500 W. North Temple. They also found Ramos’ backpack, cellphone, and identification card at the scene. Bloodstained clothing, with Gonzalez’s DNA on it, was found in the room.
Ramos was convicted in state court of murder and was sentenced to 15 years to life. The United States Attorney’s Office also filed federal charges for illegal re-entry of previously removed alien. The federal case is pending.
Defendant Sentenced to 46 Months in Prison for Bank RobberyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge William H. Steele sentenced defendant Robert Bernard Carlise, also known as Robert Bernard Carlisle, 73, of Mobile, Alabama, to imprisonment for 46 months for bank robbery. As part of the sentence, the judge ordered the defendant to receive three years of supervised release after completing his prison term, pay a $100 mandatory special assessment, receive substance abuse testing and treatment as directed by the United States Probation Office, and pay restitution in the amount of $2,829.25 to BBVA Compass Bank.
The defendant has a lengthy criminal history and was previously convicted of federal felony offenses, including bank robbery, in the Southern District of Alabama. On September 14, 1973, the defendant appeared before the Court and was convicted of bank robbery. On October 17, 1980, he appeared before the Court and was convicted of forgery of a U.S. Treasury check and possession of stolen mail. On June 11, 1998, he appeared before the Court and was convicted of bank robbery and using a firearm in relation to a crime of violence.
On October 30, 2019, a federal grand jury for the Southern District of Alabama charged the defendant with one count of bank robbery in violation of 18 U.S.C. § 2113(a). On February 11, 2020, the defendant pleaded guilty to the felony offense before the Court and was sentenced after his plea hearing.
The defendant admitted to facts to include the following at his plea hearing. On September 6, 2019, an unmasked black male with sunglasses, later identified as the defendant, entered BBVA Compass Bank, on Bel Air Blvd in Mobile, a federally insured bank. The defendant told the teller that he was robbing the bank and ordered her to give him all of the money. He said he did not want to have to hurt her but that she needed to comply and give him the money. He repeatedly said, “You know what time it is.” The teller complied with the defendant’s demands out of fear of being harmed and gave him $2,829.25 from her drawer. The bank’s video surveillance captured the robbery and showed the defendant inside the bank speaking with the teller.
At 12:41am on September 7, 2019, the Mobile Police Department received a tip from a person who said he recognized and knew the defendant. Two days later, the Mobile Police Department visited BBVA Compass and met with its branch vice president, who said that the defendant was a BBVA customer who had an account with the bank.
On September 10, 2019, the Mobile Police Department arrested and interviewed the defendant. Post-Miranda, the defendant confessed to robbing BBVA Compass. The defendant said he was in debt to a drug dealer, that he owed the dealer lots of money, and that the dealer persuaded him to rob the bank. The defendant said that he had entered the bank and robbed it to get money to give to the drug dealer to get back his vehicle and phone, which the drug dealer was keeping as collateral.The Federal Bureau of Investigation and the Mobile Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Dallas Man Who Threatened to Shoot up Daycare Charged with Gun CrimeRead the Press Release
A father who threatened to shoot up a Dallas daycare has been charged with a gun crime, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Joshua Martinez, 28, was charged via criminal complaint with being a felon in possession of a firearm.
According to the complaint, Mr. Martinez – a felon convicted of robbery in 2010 – called his daughter’s mother on Feb. 6 and allegedly threatened to kill her. In a screenshot of the video call provided to law enforcement, Mr. Martinez could be seen brandishing a Glock handgun affixed to a laser/light apparatus.
The child’s mother told law enforcement Mr. Martinez had also allegedly threatened to shoot up his 4-year-old daughter’s daycare facility.
Following a high-speed chase through northwest Dallas, officers apprehended Mr. Martinez on a neighborhood side street. They then retraced the route the fleeing vehicle had traveled and found a Glock 22 – a weapon that matched the handgun in the screenshot of Mr. Martinez’s video call – on the roadway.
After waiving his Miranda rights, Mr. Martinez allegedly confessed to possessing the firearm, which had been reported stolen.
“This defendant allegedly threatened our city’s most precious, our most vulnerable,” said U.S. Attorney Nealy Cox. “A formerly convicted felon, he was not legally permitted to possess firearms. We’re thankful law enforcement was able to get this man and his gun off the streets before tragedy could strike.”
"The FBI-led Dallas Violent Gangs Safe Streets Task Force is a great example of how agencies working together can prevent violent crime in our communities," said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The task force is focused on finding ways to effectively prevent individuals from committing acts of violence. This includes using federal charges when convicted felons continue to possess weapons even though they are prohibited from doing so."
A criminal complaint is merely an allegation of criminal conduct, not evidence. The defendant is considered innocent unless and until proven guilty in a court of law.
If convicted, he faces up to 20 years in federal prison.
The case was brought under Project Guardian, the Justice Department's signature initiative to reduce gun violence and enforce federal firearms laws.
It is also part of the Project Safe Neighborhoods Initiative, a program that surges federal and local law enforcement resources to communities’ most violent neighborhoods in order to root out offenders and built positive relationships with victims and witnesses.
The Federal Bureau of Investigation’s Dallas Violent Gangs Safe Streets Task Force, the Dallas Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives conducted the investigation. Assistant U.S. Attorney P.J. Meitl is prosecuting the case.
Cross Lanes Woman Pleads Guilty to Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes woman pled guilty to a drug crime, announced United States Attorney Mike Stuart. Brandi Martin, 35, pled guilty to possession with intent to distribute 5 grams or more of methamphetamine.
“Although Martin attempted to flush evidence down the toilet, the only thing she was successful at flushing was her freedom,” said United States Attorney Mike Stuart. “She now faces significant time – up to 40 years – in federal prison.”
On January 25, 2018, law enforcement intercepted a package of approximately 6 pounds of methamphetamine headed for Martin’s address. On January 26, 2018, law enforcement obtained a search warrant for Martin’s residence. Officers executed the warrant and found Martin as she was attempting to flush 19 grams of cocaine, 73 grams of methamphetamine, and heroin. These drugs were recovered from the toilet and were sent to the DEA Mid-Atlantic Lab for forensic analysis. They analyzed the drugs and confirmed their substance and purity. The methamphetamine proved to be 96% pure. Ultimately, Martin admitted that she intended to distribute the methamphetamine she was attempting to flush. Two handguns were also recovered from her residence.
Martin has a previous federal felony conviction for the distribution of cocaine. She faces up to 40 years in prison when sentenced on June 15, 2020.
The Drug Enforcement Administration (DEA) and United States Postal Inspection Service conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
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Construction company owner pleads guilty to mail fraud involving worker safety and embezzlement from company 401(k) programRead the Press Release
CINCINNATI – The owner of a Cincinnati-based construction company pleaded guilty to fraudulently obtaining employee safety training certificates and embezzling from the company’s pension benefit program. Ron Craig Estes, owner of R&R Steel, LLC, pleaded guilty before U.S. District Judge Timothy S. Black to one count of mail fraud and one count of theft from an employee benefit plan.
According to the plea agreement, Estes devised a scheme in 2015 to skirt Occupational Safety and Health Administration (OSHA) requirements by buying fake employee training certifications in order to compete for a contract to provide steel installation and other work for the 8th and Sycamore project in Cincinnati. Estes paid $800 for 10 fake training certificates to avoid the costs and time associated with ensuring that all of the company’s employees had completed appropriate safety training. R&R received the $450,000 contract to do the work.
Court documents also say Estes embezzled between $15,000 and $40,000 from the company’s 401(k) retirement benefit plan established for the workers. Estes completed distribution forms for workers who had left the company and forged the participant’s signature on the distribution checks in order to cash the checks for his own benefit and use.
In addition to entering his guilty pleas before Judge Black on January 28, Estes agreed to a money judgement of $25,000, and to pay restitution to any victims as determined by the court at sentencing. Mail fraud is punishable by up to 20 years in prison and embezzlement has a statutory maximum sentence of five years. The court will determine a sentence based on federal sentencing guidelines which take into account the amount of loss, the number of victims and the victims’ vulnerability.
Sentencing has been set for May 13th. Victims are encouraged to contact Victim Witness Specialist Krista Zeller, at Toll Free: 888-283-5715 or [email protected], by March 3 for more information about submitting claims for restitution.
U.S. Attorney DeVillers and the U.S. Department of Labor Office of Inspector General and Employee Benefits Security Administration announced the plea. Assistant United States Attorney Ebunoluwa Taiwo is representing the United States in this case.
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Columbia Man Pleads Guilty to Federal Firearm/Ammunition Charge Stemming from ShotSpotter AlertRead the Press Release
Columbia, South Carolina --- Acting United States Attorney A. Lance Crick announced today that Corey Kimani Sanders, age 30, of Columbia, pleaded guilty in federal court to being a felon in possession of firearms and ammunition.
Evidence presented to the court showed that early Sunday morning, September 15, 2019, officers with the Columbia Police Department responded to a “ShotSpotter” alert of numerous shots fired on Oakland Avenue. The technology known as “ShotSpotter” relies on acoustic sensors to pinpoint where gunfire occurs. Information from the sensors is sent to officers of the Columbia Police Department and 9-1-1 dispatchers through real-time digital alerts. Upon canvassing the area, officers located Sanders and learned that he was in possession of two firearms, a Glock 9mm handgun and a Diamondback 5.56mm pistol with a 50-round drum magazine, as well as ammunition. The investigation also revealed that Sanders was a felon and prohibited from possessing firearms and ammunition. Sanders, a gang member out on state bonds at the time of the incident, has prior state convictions for assault and battery of a high and aggravated nature and assault with intent to kill, both of which involved shootings.
Sanders faces a maximum penalty of 10 years in federal prison. United States District Judge J. Michelle Childs accepted the guilty plea and will sentence him after receiving and reviewing a sentencing report prepared by the United States Probation Office.
The charge against Sanders was the result of an investigation by the Columbia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Stacey D. Haynes of the Columbia office is prosecuting the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Cleveland man charged with insurance and housing fraud schemesRead the Press Release
Harvey Short, 32, of Cleveland, was arraigned today on two counts of conspiracy to commit wire fraud as well as 26 counts of wire fraud.
The indictment alleges that, from March 10, 2017, through October 10, 2018, Short was part of a conspiracy that entered into a lease and obtained renters insurance for a residential property in Cleveland that later burned in a fire under suspicious circumstances. Short submitted fictitious receipts to obtain monies for purported living expenses and personal property.
The indictment further alleges that, from April 14, 2017, through September 7, 2018, Short was part of a conspiracy that submitted fraudulent paperwork understating his income to obtain subsidized housing benefits as part of a housing assistance program. He claimed he had no present income when, in fact, he knew that he was receiving income.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Fire Arson Unit. The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and John Hanley.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at https://www.justice.gov/history.
Champaign Man Sentenced to Nine Years in Prison for Attempted Enticement of a MinorRead the Press Release
URBANA, Ill. – U.S. District Judge Michael M. Mihm today sentenced Thomas L. Bishop, 60, of the 1600 block of West Bradley Ave., in Champaign, Ill., to nine years in federal prison for attempted enticement of a minor in August 2019. Judge Mihm ordered that Bishop remain on supervised release for a ten-year term following his release from the federal Bureau of Prisons. Bishop has been in the custody of the U.S. Marshals Service since his arrest in August 2019.
On Oct. 24, 2019, Bishop pleaded guilty to attempted enticement of a minor. Bishop admitted that on Aug. 20, he initiated a text message conversation with an online covert profile of a law enforcement officer on a popular online dating / chatting application. Following the initial contact, Bishop and the undercover officer engaged in numerous sexually explicit text message conversations, including conversations in which Bishop asked the minor to send sexually explicit photos of himself. On Aug. 23, Bishop was arrested when he arrived at a pre-determined location in Champaign to meet who Bishop believed to be a 15-year-old boy with the intention to take the minor to his residence for a sexual encounter.
Assistant U.S. Attorney Elly M. Peirson prosecuted the case which was investigated by the Federal Bureau of Investigation with the assistance of the Champaign Police Department’s Street Crimes Unit.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat child sexual exploitation and abuse launched in May 2006 by the Department of Justice. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Carrizo Springs Man Sentenced to 200 Months in Federal Prison for Setting up Hidden Camera to Videotape Minor FemalesRead the Press Release
In San Antonio today, a federal judge sentenced a Carrizo Springs man to 200 months in federal prison for setting up a hidden camera in his bathroom to video minor females over a four-year period beginning in August 2012, 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 Xavier Rodriguez ordered that 44–year-old Ruben Gallegos Loera pay a $10,000 assessment under the Justice for Victims of Trafficking Act (JVTA) and be placed on supervised release for a period of five years after completing his prison term.
On October 28, 2019, Loera pleaded guilty to one count of production of child pornography and one count of possession of child pornography. According to court records, on April 6, 2019, Dimmit County Sheriff’s deputies responded to a call from someone at the defendant’s residence concerning images of child pornography discovered on the defendant’s computer. A subsequent forensics review of the seized computer revealed the presence of approximately 200 videos depicting the sexual exploitation of children.
“The reprehensible conduct in this case is yet another example of the child exploitation and abuse occurring all over this country. We will keep fighting for children. But this issue must be a priority for leaders everywhere,” stated U.S. Attorney Bash.
Loera has remained in federal custody since his arrest on April 18, 2019.
The FBI’s San Antonio Crimes Against Children Task Force and the Texas Rangers, with the assistance of the Dimmit County Sheriff’s Office, investigated this case. Assistant U.S. Attorney Tracy Thompson prosecuted this case on behalf of the government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Canfield, Ohio Man Pleads Guilty in Counterfeit Check SchemeRead the Press Release
PITTSBURGH, PA – A resident of Ohio plead guilty in federal court to a charge of identity theft, United States Attorney Scott W. Brady announced today.
Robert Lee Weaver, III, 35, of Canfield, OH, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, between February, 2017 and March, 2017, Weaver used false state photo identification cards from other states to negotiate counterfeit checks at several casinos, including the Rivers Casino in Pittsburgh in February, 2017. Losses associated with counterfeit checks total approximately $32,000.
Judge Fischer scheduled the sentencing for July 9, 2020. The law provides for a maximum sentence of 15 years in prison, a fine of $250,000 or both, for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
Agents from Homeland Security Investigations and the Pennsylvania State Police conducted the investigation that led to the prosecution of Robert Lee Weaver, III.
California Man Sentenced for Role in International Money Laundering NetworkRead the Press Release
BOSTON – A California man was sentenced yesterday in federal court in Boston in connection with his role in an international money laundering scheme designed to hide the illicit proceeds of business email compromise (BEC) schemes.
Oghenetchouwe Adegor Ederaine, Jr. of Santa Monica, Calif., was sentenced by U.S. District Court Judge William G. Young to 40 months in prison and three years of supervised release. In April 2019, Ederaine pleaded guilty to one count of conspiracy to engage in money laundering and one count of aggravated identity theft.
Ederaine and his co-conspirators were members of an organization that engaged in wire fraud, money laundering and related criminal activity. Ederaine acted as a money mule for the organization by opening numerous bank accounts using different fraudulent identities for the purpose of receiving, withdrawing and transferring proceeds of criminal activity. Specifically, between March 2016 and November 2017, Ederaine used counterfeit passports and other false identification documents to open approximately 23 fraudulent bank accounts at different banks in the Los Angeles area using six different false identities. Ederaine personally laundered between $1.5 million and $3.5 million in fraudulent funds between March 2016 and February 2018.
In January 2018, Ederaine’s co-conspirators gained access to email accounts belonging to a Massachusetts real estate attorney. Ederaine’s co-conspirators sent emails to individuals in Massachusetts that “spoofed” the real estate attorney’s account in an attempt to cause these individuals, who were purchasing real estate, to transfer $531,981 to the account of a woman who, in turn, sent $60,000 to an account controlled by Ederaine. Ederaine then withdrew approximately $9,000 in cash from the account.
In a separate scheme from approximately 2017 through 2018, Ederaine made fraudulent purchases and engaged in fraudulent online transactions using the personally identifiable information (PII) and financial information of numerous students at a Santa Monica ELS Education Services, Inc. Ederaine, who worked at ELS, had access to the PII and financial information of the students, and used that access to make purchases of personal items.
United States Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division made the announcement. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Lelling’s Cybercrime Unit prosecuted the case.
California Man Admits Plot to Distribute over 30 Pounds of Crystal Methamphetamine and Five Kilos of Fentanyl into New JerseyRead the Press Release
CAMDEN, N.J. – A California man today admitted shipping approximately 30 pounds of crystal methamphetamine and conspiring to send an additional 5 kilograms of fentanyl into New Jersey, U.S. Attorney Craig Carpenito announced.
Jesus Zavala-Torres, 34, of San Jacinto, California, pleaded guilty before U.S. District Judge Noel Hillman in Camden federal court to an information charging him with one count of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and a quantity of fentanyl.
According to documents filed in this case and statements made in court:
In September 2018, law enforcement officers received information that an individual identified as Isabel Otanez-Sanchez, was shipping large quantities of narcotics to New Jersey from California. On Jan. 28, 2019, Sanchez agreed to send 30 pounds of methamphetamine to a law enforcement confidential source (the “CS”) in Atlantic City, New Jersey. Torres and Sanchez hid 28 packages of methamphetamine inside a salvaged vehicle that was shipped from California to New Jersey. Agents recovered the 28 packages, totaling approximately 30 pounds, from the car’s gas tank. On Feb. 12, 2019, the CS met with Sanchez and Torres in Riverside, California. At this meeting, Sanchez and Torres also agreed to sell an additional five kilograms of fentanyl that would be shipped to the CS in New Jersey in the same manner as the methamphetamine. Following this meeting, Sanchez and Torres were arrested by law enforcement and the five kilograms of fentanyl they intended to ship to New Jersey were recovered. Sanchez and Torres were charged by criminal complaint in the District of New Jersey with conspiracy to distribute methamphetamine and fentanyl.
The conspiracy charge carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine. Sentencing is scheduled for June 17, 2020.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations (HSI), Cherry Hill, under the direction of Special Agent in Charge Brian Michael in Newark, with the investigation leading to the arrests. He also thanked HSI in Riverside, CA; the New Jersey State Police; the Hemet, California, Police Department; and the Atlantic City Task Force for their assistance.
The government is represented by Special Assistant U.S. Attorney Meriah Russell of the U.S. Attorney's Office Criminal Division in Camden.
Buffalo Man Going to Prison for Selling Crack CocaineRead 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 Julian Brown, 47, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to serve 30 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that on February 16, 2018, the defendant supplied his co-defendant, Andre Honeycutt, with a quantity of crack cocaine. Honeycutt in turn sold the drugs to an individual working with the Drug Enforcement Administration. Brown also supplied crack cocaine on two other occasions during the investigation.
Andre Honeycutt was previously convicted and sentenced.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Brockton Man Sentenced for Narcotics Distribution and Firearm PossessionRead the Press Release
BOSTON – A Brockton man was sentenced yesterday in federal court in Boston for cocaine distribution and illegal firearm possession.
Raul Robles, 30, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 48 months in prison and six years of supervised release. In November 2019, Robles pleaded guilty to one count of distribution of cocaine, one count of possession with intent to distribute of cocaine, and one count of being a felon in possession of a firearm and ammunition.
In May 2018, an undercover officer made a controlled purchase of cocaine from Robles. In June of 2018, during the execution of an arrest warrant at Robles’s home in Brockton, law enforcement seized approximately 30 grams of cocaine, a Glock, Model 23, .40 caliber semi-automatic pistol, and nine (9) rounds of .40 caliber ammunition. In 2012, Robles was convicted of possession with intent to distribute heroin, and was therefore prohibited from possessing a firearm.
This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston who have prior convictions for acts of violence, firearm offenses and/or drug trafficking.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachael Rollins; Boston Police Commissioner William G. Gross; and Acting Brockton Police Chief Emanuel Gomes made the announcement. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Operation Landshark is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Bridgeport Tax Preparer Pleads GuiltyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that VERONICA HUITZIL, 39, of Bridgeport, waived her right to be indicted and pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to preparing false tax returns for clients.
According to court documents and statements made in court, Huitzil, who operated a tax return preparation practice in Bridgeport, assisted in the preparation and filing of more than 3,700 federal tax returns for the 2014 through 2018 tax years. Many of the filed tax returns claimed dependents who were not dependents, deducted thousands of dollars in business losses for fictitious businesses, and included inflated or fabricated medical expenses, charitable contributions and employee business expenses.
Huitzil pleaded guilty to one count of aiding and assisting the filing of a false tax return, an offense that carries a maximum term of imprisonment of three years.
In pleading guilty, Huitzil agreed that losses suffered by the IRS as a result of her fraud totaled $898,665.
As a result of Huitzil’s fraudulent conduct, many of her clients’ filed tax returns will need to be amended. The amount of Huitzil’s restitution may be reduced as her clients resolve their own tax liability with the IRS.
Huitzil is released pending sentencing, which is scheduled for May 6, 2020.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Brattleboro Man Charged with Distributing Heroin and Fentanyl Leading to Overdose DeathRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Curtis Bunkley, a.k.a. “Punisher,” of Brattleboro, has been indicted by a federal grand jury for distributing heroin and fentanyl leading to the overdose death of a Winhall, VT resident. Bunkley was arraigned today by United States Magistrate Judge John M. Conroy, who ordered Bunkley detained pending trial.
According to court records, a resident of Winhall, VT was found deceased on January 16, 2019. The cause of the resident’s death was determined to be “acute mixed (heroin and fentanyl) intoxication.” Inside the decedent’s residence were five empty bags and three bags containing heroin and fentanyl, all stamped with the symbol “12/24.” Text messages found on the decedent’s cell phone showed communications with the individual who distributed the heroin and fentanyl to the decedent. Witness testimony further revealed that the individual who distributed the heroin and fentanyl to the decedent purchased the substances from Bunkley.
On August 20, 2019, Bunkley pled guilty to a separate indictment charging him with distributing heroin and fentanyl. In that case, according to Court records, Bunkley sold 50 bags of heroin and fentanyl to an informant on January 14, 2019. The bags containing the heroin and fentanyl were stamped with the symbol “12/24.” At the time of Bunkley’s arrest on April 11, 2019, he was found to be in possession of 320 additional bags of heroin and fentanyl.
The new charges against Bunkley are merely accusations and he is presumed innocent unless and until proven guilty. If convicted, Bunkley faces up to life imprisonment and a mandatory minimum sentence of 20 years. Bunkley’s ultimate sentence will be advised by the Federal Sentencing Guidelines.
The case will be prosecuted by Deputy Criminal Chief Jonathan Ophardt and Assistant United States Attorney Nate Burris. Bunkley is represented by Attorney Lisa Shelkrot.
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.
Belmont County, Ohio man admits to fentanyl chargeRead the Press Release
WHEELING, WEST VIRGINIA – Nathan Parker, of Martins Ferry, Ohio, has admitted to a fentanyl distribution charge, U.S. Attorney Bill Powell announced.
Parker, age 39, pled guilty to one count of “Distribution of Fentanyl within 1,000 feet of a Protected Location.” Parker admitted to selling fentanyl near Madison Elementary School in July 2019 in Ohio County.
Parker faces at least one year and up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Bank of San Juan Internacional, Inc. and the U.S. Attorney’s Office for the District of Puerto Rico Resolve Pending Litigation and Related MattersRead the Press Release
SAN JUAN, P.R. – Bank of San Juan Internacional, Inc. (“BSJI”) and the United States Attorney’s Office for the District of Puerto Rico (“USAO-PR”) have resolved pending investigations and litigation and matters related to that litigation. The litigation stemmed from a federal investigation of BSJI that involved the search of BSJI’s offices in February 2019, and the subsequent seizure of $53,082,824.19 from BSJI and related accounts. The funds were seized based on their connection to certain sophisticated financial transactions (“Financial Transactions”) and underlying agreements to which BSJI was a party. The litigation also involved the USAO-PR filing of a civil forfeiture action relating to those funds. The federal investigation by the USAO-PR further involved review of BSJI’s practices with respect to compliance with the Bank Secrecy Act (“BSA”), including laws and regulations relating to BSJI’s actions, policies and procedures with respect to the filing of suspicious activity reports (“SARs”).
During the period following the February 2019 searches and the seizure of funds from BSJI, Counsel for BSJI and the USAO-PR met and exchanged information regarding the facts underlying the investigation and litigation. BSJI provided to the USAO-PR a comprehensive explanation of the Financial Transactions and relevant facts known to it regarding those Financial Transactions, including the background to, and the mechanics and accounting governing, the Financial Transactions. BSJI cooperated fully in the investigation, agreed to requests from the USAO-PR for information and provided access to its subject matter experts and counsel.
After a thorough review and careful consideration of the information and materials BSJI provided to the USAO-PR with respect to the Financial Transactions, the USAO-PR agreed that dismissal of the civil forfeiture action and returning of the seized funds ($53,082,824.19) to BSJI was appropriate and warranted. As a result, on February 5, 2020, the USAO-PR dismissed the civil forfeiture action, will return all seized funds to BSJI, and has ended its investigation of BSJI and its officials.
In addition to providing the USAO-PR with information and materials relating to the Financial Transactions, BSJI has represented that, as of February 2019, BJSI engaged in numerous substantive measures to strengthen its governance, risk management and control procedures.
As noted above, the USAO-PR conducted an investigation of BSJI regarding its BSA compliance and BSJI’s activities relating to the filing of SARs. In connection with the USAO-PR’s BSA investigation, BSJI has acknowledged that it had opportunities to improve governance, risk management and controls with respect to its BSA compliance and the filing of SARs with respect to a number of depositor account-holders. In turn, the USAO-PR has acknowledged (and taken into consideration in reaching an agreement) the corrective actions BSJI has undertaken in order to improve its BSA and Anti-Money Laundering policies and procedures. As part of the agreement to resolve the USAO-PR’s BSA investigation, BSJI has agreed to pay to the USAO-PR the sum of $1,000,000.
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Auburndale Man Sentenced to 8 Years’ Imprisonment for Methamphetamine OffenseRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Edward W. Prickett (53, Auburndale) to eight years in federal prison for possessing methamphetamine with the intent to distribute it.
Prickett had pleaded guilty on November 26, 2019.
According to court documents, on August 22, 2019, Prickett was a passenger in a vehicle that was pulled over by an officer with the Lake Wales Police Department. As the officer approached the vehicle, he saw Prickett attempting to conceal a green bag under the dashboard. The officer called for a narcotics detection dog, which alerted positively to the vehicle. Officers searched the vehicle and recovered the green bag, which contained approximately 182 grams of methamphetamine that had been packaged for distribution.
This case was investigated by Federal Bureau of Investigation and the Lake Wales Police Department. It was prosecuted by Assistant United States Attorney Callan L. Albritton.
This investigation is also the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Attorney General William Barr Makes Announcement on Sanctuary Cities at National Sheriffs’ Association ConferenceRead the Press Release
Memphis, TN – Attorney General William Barr has announced further actions the Department of Justice will take to protect the American people and allow for the proper and lawful functioning of our nation’s federal immigration system. Barr delivered remarks at the National Sheriffs’ Association Winter Legislative and Technology Conference in Washington, D.C., and announced the filings of lawsuits against various jurisdictions around the country, including the State of California, the State of New Jersey, and King County, Washington, alleging that the policies of these states and counties interfere with lawful federal immigration and enforcement activities and jeopardize public safety. Read more details here:
• https://www.justice.gov/opa/pr/justice-department-sues-state-california-california-governor-and-california-attorney-general
• https://www.justice.gov/opa/pr/justice-department-sues-state-new-jersey-new-jersey-governor-and-new-jersey-attorney-general
• https://www.justice.gov/opa/pr/justice-department-sues-king-county-washington-and-king-county-executive-prohibiting-usAttorney General Barr said: "Today is a significant escalation in the federal government’s efforts to confront the resistance of ‘sanctuary cities.’ But by no means do the efforts outlined above signify the culmination of our fight to ensure the rule of law, to defend the Constitution, and to keep Americans safe. We will consider taking action against any jurisdiction that, or any politician who, unlawfully obstructs the federal enforcement of immigration law." Read the Attorney General’s full remarks at this link: https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-national-sheriffs-association-winter. Sanctuary jurisdiction policies jeopardize public safety by preventing the federal government from locating, arresting, and prosecuting removable aliens inside the United States. While jurisdictions are not compelled by federal law to participate in federal immigration enforcement activities, they are not permitted to actively obstruct the enforcement of federal law.
U.S. Attorney D. Michael Dunavant said, "Our office actively partners with local, state and federal law enforcement across the district to help remove these violent and drug offenders from our communities. I support the actions of Attorney General Barr and join him in our quest to make America’ cities safer by the aggressive and unapologetic federal prosecution of dangerous criminal aliens."
"While the dangers to public safety as a result of sanctuary polices cannot be understated, Homeland Security Investigations in Tennessee is proud to work in cooperation with our federal, state, and local partners to ensure our communities remain safe," stated Jerry C. Templet Jr, Special Agent in Charge, Nashville, Tennessee.
Past examples of dangerous illegal aliens detained and prosecuted through this office include:
• Argel Hernandez-Escobar, 32 – was indicted in December, 2019, for Unlawful Reentry Into the United States After Deportation and Illegal Possession of a Firearm Used in the fatal shooting of his minor child. https://www.justice.gov/usao-wdtn/pr/illegal-alien-indicted-unlawful-reentry-united-states-after-deportation-and-illegal.
• Christino Alcazar-Ortiz, 37 and Armando Alcazar-Ortiz, 40, were both sentenced to 10 years in federal prison for conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine and Illegal Reentry into the United States after having been previously deported. https://www.justice.gov/usao-wdtn/pr/two-illegal-aliens-sentenced-120-months-imprisonment-federal-drug-trafficking-charges.
• An illegal alien from Mexico, Jesus Vega, 38, was sentenced to over 10 years in federal prison for conspiracy and possession with intent to distribute methamphetamine. https://www.justice.gov/usao-wdtn/pr/illegal-alien-sentenced-10-years-federal-prison-role-drug-trafficking-organization.
The Department of Homeland Security Investigations (HSI) and the Federal Bureau of Investigation (FBI) investigated these cases.
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Attorney General William Barr Holds National Press Conference on Sanctuary CitiesRead the Press Release
Knoxville, Tenn. - On February 10, 2020, Attorney General William Barr announced the filing of 3 lawsuits against California, New Jersey and Washington State, alleging that sanctuary city municipal jurisdiction policies interfere with lawful federal immigration and enforcement activities.
Sanctuary jurisdiction policies jeopardize public safety by preventing the federal government from locating, arresting, and prosecuting removable aliens inside the United States. While jurisdictions are not compelled by federal law to take part in federal immigration enforcement activities, they are not permitted to actively obstruct the enforcement of federal law. The consequences of cities establishing themselves as sanctuary cities impact more than just the communities of the sanctuary jurisdiction where heinous, violent crimes have been committed by those in this country illegally.
Past examples of federal prosecution of violent persons who were illegally present in the Eastern District of Tennessee include the cases of Martinez Rubi and Gama Bahena.
- Rubi has been removed from the United States a total of seven times and has twice been prosecuted for illegal reentry in this district. His criminal history includes six prior felony convictions, one of which was for aggravated assault when he threatened to kill a woman at knifepoint. His most recent illegal reentry conviction netted him a 78-month sentence in prison.
- Bahena has a criminal history that includes stabbing his wife in the stomach. He later committed another aggravated assault when he pointed a loaded gun at her and their daughter while threatening to kill them. That conduct was the basis for his federal conviction for possession of a firearm and ammunition by an illegal alien, which resulted in a 65-month sentence in federal prison.
“These two defendants highlight the need for the aggressive stance the Eastern District of Tennessee takes in the prosecution of violent persons who are in the United States illegally. By working closely with our federal, state, and local law enforcement partners, we are able to identify and remove dangerous offenders from our communities,” said United States Attorney J. Douglas Overbey.
Cases are investigated by Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (“ERO”).
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Arnold, PA Man Pleads Guilty to Distributing Fentanyl and Accepts Responsibility for Causing a Man’s DeathRead the Press Release
PITTSBURGH – A Westmoreland County man has pleaded guilty to distributing fentanyl, United States Attorney Scott W. Brady announced today.
Jarrel Williams, age 32, of Arnold, pleaded guilty before United States District Judge Mark R. Hornak.
During the guilty plea hearing, Williams admitted to distributing fentanyl on January 17, 2017. As part of his plea agreement, Williams accepted responsibility for causing the death of M.S., a 33-year-old male who lived in Westmoreland County, and agreed to serve 162 months in prison.
Judge Hornak scheduled sentencing to occur on June 3, 2020, at 9:30 a.m.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Drug Enforcement Administration, the Westmoreland County District Attorney’s Office, the West Leechburg Police Department, the Allegheny Township Police Department, and the Pennsylvania State Police conducted the investigation leading to the conviction in this case.
Armed Heroin Dealer Sentenced to 65 MonthsRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Reginald Lawrence, 53, of Madison, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 65 months in federal prison, followed by a three-year term of supervised release, for possessing heroin with intent to distribute and for possessing two firearms in furtherance of that offense. Lawrence pleaded guilty to these charges on November 21, 2019.
On July 22, 2019, a woman called police and said Lawrence had pulled a gun on her and that he pushed her out of his apartment by her neck. When police arrived, Lawrence was observed by an officer carrying a backpack as he was running away from the apartment building. When police subsequently arrested Lawrence, he was not carrying a backpack, but was in possession of a large amount of cash.
Lawrence consented to a search of his apartment, and officers recovered small quantities of heroin. They searched the area where Lawrence had been seen running, and recovered a green backpack. Lawrence's Medicare card was in the backpack, as was as a loaded 9mm pistol. Two additional, loaded firearm magazines were also in the backpack, along with 94 grams of heroin, drug packaging materials, and a scale. In another pocket of the backpack, there was a .380 caliber pistol. Lawrence later admitted he had been selling heroin for six months.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
The charges against Lawrence were the result of an investigation conducted by the Madison Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Rita M. Rumbelow.
Anchorage Felon Receives Max Penalty for Illegally Possessing Firearm Resulting in July 2018 Shooting DeathRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Clint Registe, 38, of Anchorage, was sentenced today by Chief U.S. District Judge Timothy M. Burgess to serve 10 years in federal prison, after previously pleading guilty to illegal possession of a firearm as a convicted felon. The federal charge stems from an investigation into the death of Brittney Sparks, who was killed by a gunshot wound on July 20, 2018.
According to court documents, on July 20, 2018, Registe shot the victim in the head while handling a Mak-90 rifle in his Anchorage apartment. Another resident of the building heard the shot and came inside Registe’s apartment to investigate. Registe told him to call 911 and said that he planned to turn himself in before fleeing the scene. Medics declared the victim dead on scene.
Investigators from the Anchorage Police Department searched Registe’s apartment and found the Mak-90 rifle as well as three semi-automatic pistols, one of which was stolen. Drugs and a substantial supply of ammunition and high capacity magazines were also recovered from the apartment. Registe was arrested on Sept. 11, 2018, and told detectives that he had accidentally shot the victim while they were cleaning the apartment.
Registe has prior felony convictions for assault and being a felon in possession of a firearm, and is therefore prohibited from possessing firearms under federal law. In imposing the 10 year sentence, Judge Burgess noted that Registe’s criminal history “involves guns, over and over and over again.” He explained that the sentence was necessary to protect the public, and that “to say that the defendant is dangerous would be an understatement.”
Registe currently faces additional charges in state court for Manslaughter and Murder in the Second Degree in connection with the victim’s death.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorneys James Klugman and Allison O’Leary.
This case was investigated as part of Project Safe Neighborhoods (PSN), the Department of Justice’s 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. In November 2019, DOJ also announced the launch of Project Guardian, a nationwide strategic plan to reduce gun violence, which serves as a complementary effort to the success of PSN, and emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
American Businessman Who Ran Houston-Based Subsidiary of Chinese Company Sentenced to Prison for Theft of Trade SecretsRead the Press Release
The head of a Houston-based company that was the subsidiary of a Chinese company that developed stolen trade secrets was sentenced to 16 months in prison and ordered to forfeit more than $330,000 by U.S. District Judge Christopher R. Cooper of the District of Columbia.
Shan Shi, 55, of Houston, Texas, had previously been found guilty of conspiracy to steal trade secrets by a jury on July 29, 2019. Evidence admitted during a three-week trial showed that Shi had signed an agreement with Taizhou CBM Future New Material Science and Technology Co. Ltd (CBMF), to develop the manufacture of syntactic foam, which is a buoyancy material that aids in offshore oil and gas drilling. The defendant specifically pledged to “digest/absorb” the relevant technology in the United States. The defendant then set up a U.S.-based corporation, CBM International Inc., (CBMI) and hired ex-employees of a victim company that manufactured syntactic foam, located in Houston, Texas. These employees had access to trade secrets developed by the victim company, and the defendant was aware that they had signed agreements with the victim company not to disclose proprietary information. The other employees then transferred proprietary information to CBMI and the defendant, who used the information to create a syntactic foam manufacturing process in China.
The defendant was arrested along with five other individuals in the United States after he and CBMI attempted to market related-technology in the District of Columbia. An additional Chinese national living in China, Hui Huang, was also charged. The trial was solely of defendant Shi.
“The Department of Justice is committed to protecting the intellectual property of American companies, particularly against Chinese malign economic aggression,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “As Shan Shi’s prosecution demonstrates, we will steadfastly defend the right of U.S. entrepreneurs to reap the benefits of their innovations.”
“Yesterday’s sentencing underscores our determination to prosecute those who would steal trade secrets from American businesses and further misuse them for their own research and development,” said U.S. Attorney Timothy J. Shea for the District of Columbia. “The Court made clear that the defendant knew or intended that the offense would benefit the People’s Republic of China. To those who would steal proprietary information from U.S. companies and provide it to a foreign government, our message is that you will be prosecuted to the fullest extent of the law.”
“Shan Shi will now pay the consequences in prison for stealing trade secrets from a U.S. company for the benefit of China, while he himself also profited from that theft. This is just another example of the serious and growing threat the Chinese government poses to the United States and our industries,” said Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office. “Just as the People’s Republic of China is determined to steal from the United States, the FBI and DOJ is determined to protect America's national and economic security and intellectual property from unscrupulous foreign adversaries.”
The FBI’s Houston Field Office, Commerce’s Bureau of Industry and Security Office of Export Enforcement and IRS-Criminal Investigation investigated the case.
Senior Counsel Matthew R. Walczewski of the Criminal Division’s Computer Crime and Intellectual Property Section, Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section, Assistant U.S. Attorneys Jeff Pearlman, Luke Jones and Zia Faruqui of the District of Columbia, and former Special Assistant U.S. Attorney W. Joss Nichols prosecuted the case.
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.
American Businessman Who Ran Houston-Based Subsidiary of Chinese Company Sentenced to Prison for Theft of Trade SecretsRead the Press Release
WASHINGTON – The head of a Houston-based company that was the subsidiary of a Chinese company that developed stolen trade secrets was sentenced Monday to sixteen months in prison and ordered to forfeit $342,424.96 by U.S. District Judge Christopher R. Cooper of the District of Columbia.
Shan Shi, 55, of Houston, Texas, had previously been found guilty by a jury on July 29, 2019, of Conspiracy to Steal Trade Secrets. Evidence presented during a three-week trial established that Shi had entered into an agreement with Taizhou CBM Future New Material Science and Technology Co. Ltd (CBMF) to develop the manufacture of syntactic foam, which is a buoyancy material that aids in offshore oil and gas drilling. The defendant specifically pledged to build “China’s first deep[-]sea drilling buoyance [sic] material production line” by moving to “digest/absorb” the relevant, critical U.S. technology. The defendant then set up a U.S.-based corporation, CBM International, Inc., (CBMI) and hired ex-employees of a victim company that manufactured syntactic foam, located in Houston, Texas. These employees had access to trade secrets developed by the victim company, and the defendant was aware that they had signed agreements with the victim company not to disclose proprietary information. The former employees of the victim company then transferred proprietary information to CBMI and the defendant, who used the information to create a syntactic foam manufacturing process in China.
The government also entered into evidence that the defendant intended to benefit the People’s Republic of China (PRC) by developing the technology, and that after the technology was stolen, the defendant attempted to sell syntactic foam based on the stolen proprietary information to the China National Offshore Oil Corporation (CNOOC) and the People’s Liberation Army (PLA) of the PRC. The defendant was arrested along with five other individuals in the United States after he and CBMI attempted to market related-technology in the District of Columbia. An additional Chinese national living in China, Hui Huang, was also charged. Shi, defendant Gang Liu, CBMI, and CBMF were subsequently charged in a superseding indictment with Conspiracy to Commit Economic Espionage, in violation of 18 U.S.C. § 1831. Shi and CBMI and CBMF were additionally charged in the superseding indictment with Conspiracy to Commit Money Laundering, in violation of 18 U.S.C. § 1956(h). The jury found the defendant guilty of Conspiracy to Steal Trade Secrets, and acquitted on the remaining counts. The trial was solely of defendant Shi.
“Yesterday’s sentencing underscores our determination to prosecute those who would steal trade secrets from American businesses and further misuse them for their own research and development,” said U.S. Attorney Timothy J. Shea for the District of Columbia. “The Court made clear that the defendant knew or intended that the offense would benefit the People’s Republic of China. To those who would steal proprietary information from U.S. companies and provide it to a foreign government, our message is that you will be prosecuted to the fullest extent of the law.”
This case was investigated by the Houston Field Office of the Federal Bureau of Investigation, the Bureau of Industry and Security (BIS) Office of Export Enforcement of the U.S. Department of Commerce, and the Internal Revenue Service-Criminal Investigation (IRS-CI).
The case was prosecuted by Assistant U.S. Attorneys Jeff Pearlman, Luke Jones, Zia Faruqui, and former Special Assistant United States Attorney W. Joss Nichols of the District of Columbia; Senior Counsel Matthew R. Walczewski of the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice; and Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section of the Department of Justice.
Ada Man Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neal Lee Morris, age 43, of Ada, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that on or about June 21, 2019, within the Eastern District of Oklahoma, the defendant, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Clay Compton represented the United States.
Monday 10 February 2020
Williston Man Arrested for Failure to Update Sex Offender RegistrationRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on February 10, 2020 Richard Valenzuela Velasquez made his initial appearance and was arraigned before Magistrate Judge Clare R. Hochhalter on the charges of Failure to Update Sex Offender Registration. The trial has been scheduled for March 31, 2020 before District Judge Daniel M. Traynor.
Velasquez is a registered sex offender based on his conviction under Colorado law for Attempted Sexual Assault of a Child in 2005. It is alleged that sometime after January 21, 2016, Velasquez traveled to North Dakota and failed to register with any sex offender registration authority despite his requirement to do so. Velasquez was previously registered as a sex offender in California. Under Federal law, sex offenders must update their registration within 3 business days of any change to their address, employment, and other matters.
This case was investigated by the US Marshal’s Service; ND Bureau of Criminal Investigation; Williams County Sheriff; Williston Police Department;
Assistant United Sates Attorney Rick Volk is prosecuting the case.
WILLISTON, ND Man Arrested for Failure of Registered Sex Offender to Report International TravelRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on February 10, 2020 Leonard Barton Higdon made his initial appearance and was arraigned before Magistrate Judge Clare R. Hochhalter on the charges of Failure of Registered Sex Offender to Report International Travel. The trial has been scheduled for March 31, 2020 before Senior Judge Daniel L. Hovland.
Higdon is a registered sex offender based on his convictions under Georgia law for Statutory Rape of a 13 year old child on 10/28/1996 and Sexual Battery of a Child Under Age 16 on 8/28/2006. Under Federal law, registered sex offenders must report all intended foreign travel to the registration authority 21 days in advance of any such travel and complete an international travel form with the US Marshal’s Service. It is alleged that Higdon traveled outside of the United States at the end of November 2019 without reporting such intended travel and/or completing the international travel form.
This case was investigated by the US Marshal’s Service; U.S. Customs and Border Protection; ND Bureau of Criminal Investigation; Williams County Sheriff; Williston
Police Department; Assistant United Sates Attorney Rick Volk is prosecuting the case.
United States Reaches $900,000 Settlement for Damages Caused by Forest Fire in Kern CountyRead the Press Release
FRESNO, Calif. — Southern California Edison has paid $900,000 to resolve the United States’ claim for damages resulting from a 2014 wildfire that burned more than 4,392 acres, including Forest Service lands in Kern County, U.S. Attorney McGregor W. Scott announced today.
The fire, known as the “Way Fire,” ignited on August 18, 2014, in the community of Wofford Heights in Kern County. The United States alleges that the fire ignited when, as a result of SoCal Edison’s negligence, an insulator broke free from its pin on the cross arm of a SoCal Edison power pole, allowing the conductor to come into contact with another conductor.
“This settlement goes a long way toward compensating the public for the damage to public lands caused by the fire and the expense of fighting the Way Fire,” U.S. Attorney Scott said. “This office will continue to pursue recovery against those whose carelessness results in fires that place public lands and communities at risk and require public funds to suppress.”
“I’m pleased that this issue was resolved in a positive manner for our agency,” Randy Moore, Regional Forester for the USDA Forest Service Pacific Southwest Region. “A lot of time and resources go into both fighting fires and cost recovery, and recouping these costs is important.”
Since 2012, the U.S. Attorney’s Office for the Eastern District of California has secured settlements in more than 25 different cases involving wildfire damage to federal lands, with settlements valued at nearly $200 million.
Assistant U.S. Attorney Vincente A. Tennerelli handled the case.
United States Department of Justice Sues King County over Unlawful and Unconstitutional Restrictions on Use of Boeing FieldRead the Press Release
Spokane – The U.S. Department of Justice today filed suit in federal court against King County asking the Court to invalidate and enjoin a King County policy aimed at banning all immigration related flights at Boeing Field in Seattle. In April 2019, King County announced the executive order designed to ban all deportation flights from the airfield. Because ICE can no longer use Boeing Field, it has had to transport detainees to and from the Yakima airport via bus – a trip of 150 miles.
“King County doesn’t get to pick and choose which federal laws it wants to follow,” said Brian T. Moran, U.S. Attorney for the Western District of Washington. “The federal government transferred Boeing Field to the County in 1948 – and the agreement states that the federal government retains the right to use the field at no cost. King County is violating the law, the U.S. Constitution’s Supremacy clause, and the very agreement it signed to gain ownership of the airport.”
“The vast majority of people being deported from our state have previously committed crimes in this country that lead to their deportation,” said William D. Hyslop, U.S. Attorney for the Eastern District of Washington. “We don’t refuse to send a criminal defendant to another state to face charges – neither should we fail to return illegal aliens to their country of origin if they have committed crimes that make them inadmissible to the United States and a danger to our communities.”
In order to continue the lawful transport of detainees both to and from the Northwest ICE Processing Center, ICE must subject them to a 150-mile bus trip to Yakima, increasing the cost and lengthening the trip for the detainees.
The litigation charges the restrictions placed on Boeing Field and the contractors that service aircraft there with violating the Airline Deregulation Act (ADA), as well as the Supremacy Clause of the Constitution, by obstructing and burdening federal activities.
The litigation in Western Washington was announced today by Attorney General William Barr in a speech to the nation’s Sheriffs. In addition to the Boeing Field litigation, the Department of Justice filed suit in New Jersey seeking to invalidate laws preventing the sharing of information between state and local law enforcement and the Department of Homeland Security.
The litigation is being handled by Michael J. Gerardi, a Trial Attorney with DOJ’s Federal Programs Branch, in consultation with Assistant United States Attorney Kristin B. Johnson with the U.S. Attorney’s Office, Western District of Washington.
Press contact for the U.S. Attorney’s Office for the Western District of Washington is Communications Director Emily Langlie at (206) 553-4110 or [email protected].
United States Attorney Addresses Topic of Sanctuary CitiesRead the Press Release
United States Attorney Joe Kelly touted increased public safety as a result of cooperation among law enforcement agencies Monday during a press conference addressing the lack of so-called “sanctuary jurisdictions” in Nebraska. Attendees also included Shawn Byers, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in St. Paul, Minnesota, which oversees Nebraska; Eric Ouellette, Assistant Field Office Director, ICE Omaha; Greg Jensen, Assistant Field Office Director, ICE Omaha; and James Webb, Assistant Special Agent in Charge, Homeland Security Investigations Omaha. All are with various components of ICE.
Kelly advised that immigration authorities in Nebraska, unlike in some other states, enjoy excellent cooperation between federal and state authorities when dealing with offenders who are found to be in the United States illegally. Kelly reported that in the District of Nebraska, immigration authorities routinely receive timely notice and assistance when undocumented offenders are encountered by law enforcement and/or correctional facilities. The cooperation between state and federal authorities has made it possible to remove many dangerous offenders from the community before additional crimes could be committed. Kelly noted several cases, (summaries accompany this release), where aliens arrested and convicted of serious offenses such as first degree sexual assault and sexual assault of a child, were seamlessly transferred from the custody of state authorities to the custody of federal authorities who promptly removed them from the country. According to U.S. Attorney Kelly, “Public safety is paramount and the solid cooperation that exists between authorities at every level in Nebraska allows us to have a safer state. If local authorities did not cooperate with federal officials like they do, it is a certainty that many dangerous offenders would have been released to the streets of Nebraska rather than removed from the country.”
Shawn Byers, Acting Field Office Director for ICE St. Paul, which oversees Nebraska, added “Cooperation between federal, state and local law enforcement agencies is quite simply the most effective way of promoting public safety. Sanctuary city policies simply don’t work. Instead of promoting public safety, sanctuary policies put the lives of our communities’ residents at greater risk. The District of Nebraska has no communities that identify as sanctuary jurisdictions. As such, the public is more secure as a direct result of cooperation between law enforcement agencies in this District.”
Further information can be obtained from Shawn Neudauer, Public Affairs Officer, ICE Spokesman, St. Paul, Minnesota, (612) 843-8985.
Convicted Aliens Removed After First Contact with State Authorities
- Elvin SIBRIAN-Monge
- Entered without inspection and found to have no immigration status
- 2018 - Arrested in Sarpy County for sexual assault on a child in the first degree. Immigration detainer filed.
- 2019 – Convicted of third degree sexual assault of child and sentenced to the state penitentiary. Immigration detainer followed him.
- Came to ICE custody on 01/03/2020
- Deported to El Salvador on 01/20/2020
- Javier VELASQUEZ-Velazquez
- Found with long-expired temporary work permit and no current immigration status
- 2006 – convicted in Lancaster County of burglary, attempted first degree sexual assault, and attempted robbery, and sent to the state penitentiary.
- ICE filed detainer with the state in 2009.
- Came to ICE custody on 11/01/2019.
- Deported to Mexico on 11/13/2019.
- Gonzalo LOPEZ-Rios
- Entered without inspection and later found with no immigration status
- 2018 – Lancaster County arrest for first degree sexual assault. Immigration detainer filed.
- 2019 – Convicted and sent to state penitentiary and the detainer followed.
- Came to ICE custody on 10/31/2019
- Deported to Mexico on 11/06/2019.
- Juleio LOPEZ-Cayax
- Entered without inspection and later found to have no immigration status
- Hall County conviction for third degree sexual assault of a child. ICE filed a detainer.
- Sent to the state penitentiary and the ICE detainer followed.
- Came to ICE custody on 10/09/2019.
- Deported to Guatemala on 10/18/2019.
- Jose MENDES-Hernandez
- Entered without inspection and found to have no immigration status
- 2018 –Arrested for terroristic threats and use of a weapon to commit a felony. Immigration detainer filed due to a previous conviction for attempted robbery.
- Came to ICE custody on 01/08/2019
- Deported to Honduras on 02/08/2019
Aliens Prosecuted Federally Following an Illegal Reentry
Reentering the United States after being deported is a felony under federal law, punishable by up to 20 years in prison depending on the alien’s criminal record. The U.S. Attorney’s Office prosecutes those found to have illegally reentered the United States and been arrested in Nebraska.
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- This past fall, ICE arrested an individual in Harvard, NE who had been deported in 2010. This individual had been convicted of robbery in 2008, and had known gang affiliations. ICE and the U.S. Attorney’s Office prosecuted him for illegal reentry, and he is currently serving a 10-month sentence. He will be deported again following his discharge from prison.
- Just last month, Merrick County authorities arrested an individual that had been deported from the United States twice, with four previous convictions for driving without a license, four for other traffic violations, and other convictions for assault on a female, intoxicated and disruptive behavior, and visa or document fraud, as well as illegal entry into the U.S. This person is currently being prosecuted in Nebraska for illegally reentering the United States after deportation, and will likely serve a prison sentence before being deported to Mexico.
- Last year, ICE arrested an individual here in Omaha during a vehicle stop. This individual had previously been convicted of manslaughter and deported from the United States. He was prosecuted here in Omaha and is currently serving a 15-month sentence for illegal reentry after deportation.
- Elvin SIBRIAN-Monge
Un hombre de Luisiana se declara culpable de prender fuego a tres iglesias bautistas en la Parroquia de St. LandryRead the Press Release
Holden Matthews, de 22 años, se declaró culpable hoy en el Distrito Occidental de Luisiana de prender fuego intencionalmente a tres iglesias bautistas por motivo del carácter religioso de esos edificios. En concreto, Matthews se declaró culpable ante tres cargos de vulneración de la ley de Prevención de Incendios Provocados en Iglesias, Sección 247(a)(1) del Título 18 del Código de los EE. UU. —un cargo por cada iglesia— y un cargo de uso de incendio para la comisión de un delito federal, lo que contraviene la Sección 844(h) del Título 18 del Código de los EE. UU. Los incendios, que Matthews provocó a lo largo de un período de diez días entre marzo y abril del 2019, destrozaron completamente a cada una de las iglesias.
En la audiencia en la que se declaró culpable, Matthews admitió que entre el 26 de marzo y el 4 de abril, provocó incendios intencionalmente en tres iglesias bautistas, cuyas congregaciones son mayoritariamente afroestadounidenses, en la zona de Opelousas, Luisiana. Primero, el 26 de marzo del 2019, Matthews provocó un incendio en a la Iglesia Bautista St. Mary en Port Barre, Luisiana. Luego, el 2 de abril del 2019, Matthews provocó un incendio en la Iglesia Bautista Greater Union en Opelousas, Luisiana. Finalmente, el 4 de abril del 2019, Matthews provocó un incendio en la Iglesia Bautista Mount Pleasant en Opelousas, Luisiana. Los incendios que Matthews provocó destrozaron cada una de las iglesias. Matthews admitió que provocó los incendios por el carácter religioso de los edificios, en un intento de realzar su imagen como músico de «black metal» al copiar delitos similares que cometidos en Noruega en los años 90. Más aún, Matthews admitió que, tras prender el tercer fuego, había colgado fotografías y vídeos en Facebook que mostraban las primeras dos iglesias quemándose. Matthews admitió que había tomado esos vídeos y fotografías en tiempo real en su celular mientras se quedó viendo las iglesias quemarse y que los había colgado en Facebook en un intento de realzar su imagen en la comunidad de black metal.
«El Departamento de Justicia se mantiene firme en su compromiso a proteger el derecho al culto sin amenazas de discriminación o violencia», afirmó el Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband. «Matthews admitió que prendió fuego a las tres iglesias por motivo de su carácter religioso. Su conducta desgraciada vulneró los derechos civiles de los feligreses de la iglesia y dañó a sus comunidades».
«Hoy, el acusado se ha hecho responsable de la quema y destrucción de nuestras tres iglesias», dijo David C. Joseph, el Fiscal Federal para el Distrito Occidental de Luisiana. «La libertad de culto y reunión segura en nuestras iglesias es un derecho fundamental de todo estadounidense, y mi oficina y nuestras agencias asociadas del orden público lo defenderemos enérgicamente. Quisiera dar las gracias a la Agencia de Control de Bebidas Alcohólicas, Tabaco, Armas de Fuego y Explosivos (ATF, por sus siglas en inglés), el Buró Federal de Investigaciones (FBI, por sus siglas en inglés), la Oficina del Sheriff de la Parroquia de St. Landry, los Bomberos de la Parroquia de St. Landry, el Jefe de Bomberos del Estado de Luisiana, la Unidad de Delitos Cibernéticos del Fiscal General de Luisiana, la Policía Estatal de Luisiana y el Jefe de Bomberos del Estados de Florida por su trabajo intenso y colaboración continua en este caso».
«Holden Matthews tomó una decisión consciente de elegir como objetivo y destrozar iglesias dentro de su propia comunidad. Sus acciones atroces infligieron dolores y angustias graves en aquellas congregaciones, así como en toda la Parroquia de St. Landry», declaró Bryan Vorndran, el Agente Especial Encargado del FBI en la Oficina Local de Nueva Orleans. «A lo largo de esta investigación, los hombres y las mujeres del FBI, la ATF, la Oficina del Jefe de Bomberos del Estado de Luisiana, la Oficina del Sheriff de la Parroquia de St. Landry, la Fiscalía de Distrito para la Parroquia de St. Landry, la Policía Estatal de Luisiana, la Unidad de Delitos Cibernéticos del Fiscal General de Luisiana Jeff Landry y la Oficina del Jefe de Bomberos del Estado de Florida trabajaron sin tregua para llevar a Holden Matthews ante la justicia».
«Una parte vital de nuestra misión es la protección de las comunidades», comentó el Agente Especial Encargados de la ATF Kurt Thielhorn. «La ATF seguirá aportando sus recursos y experiencia a la investigación de incendios provocados en lugares de culto, los que amenazan el bienestar de nuestras comunidades. Quiero dar las gracias a todas nuestras agencias del orden público por haberse esforzado tanto en garantizar que se haga justicia».
Matthews será condenado el 22 de mayo del 2020. Se enfrenta a una pena mínima de diez años de cárcel y una pena máxima legal de 70 años de cárcel.
Este caso fue investigado por el Equipo Nacional de Respuesta de la ATF; la Oficina Satélite en Lafayette de la División Local de la ATF de Nueva Orleans; la Agencia Residente en Lafayette de la Oficina Local del FBI en Nueva Orleans; la Oficina del Jefe de Bomberos del Estado de Luisiana, la Policía Estatal de Luisiana; la Unidad de Delitos Cibernéticos del Estado de Luisiana; los Bomberos de la Parroquía de St. Landry; y la Oficina Sheriff de la Parroquia de St. Landry. El Fiscal Federal John Luke Walker, de la Fiscalía Federal para el Distrito Occidental de Luisiana, y la Abogada de Litigios Risa Berkower, de la División de Derechos Civiles del Departamento de Justicia son responsables del enjuiciamiento del caso.
Para más información sobre el trabajo del Departamento de Justicia por combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: es un portal único con enlaces a recursos del Departamento de Justicia relacionados con delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo, y otras organizaciones y personas.
US Attorney Scott Blader Emphasizes Public Safety in Immigration ProsecutionsRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, today joined with Attorney General William Barr to emphasize the importance of apprehending, prosecuting, and removing aliens who are in the United States illegally and have committed criminal acts.
The Western District of Wisconsin echoes the sentiments expressed today by the Attorney General regarding “sanctuary” policies that prevent local law enforcement from sharing information and honoring federal detention requests in the context of immigration crimes. Such policies jeopardize public safety by increasing the risk that undocumented persons may commit further crimes before federal authorities can apprehend them.
Although challenges exist in the Western District of Wisconsin, the U.S. Attorney’s Office has successfully partnered with many local, state, and federal law enforcement agencies to prosecute criminal aliens who pose a threat to public safety.
“The U.S. Department of Justice and the U.S. Attorneys’ Offices throughout the country have a vital public safety role in locating, arresting, and prosecuting aliens who are illegally in the United States,” said United States Attorney Blader. “My office relies on state and local law enforcement to honor detainers issued by federal law enforcement. Such cooperation prevents illegal aliens in the custody of local jurisdictions from being released into the community.”
“Cooperation amongst federal, state and local agencies is quite simply the most effective way of promoting public safety,” said Robert Guadian, field office director for ICE Chicago, which oversees Wisconsin. “Sanctuary city policies simply don’t work. Instead of promoting public safety, sanctuary policies put the lives of our community’s residents at greater risk.”
The U.S. Attorney’s Office for the Western District of Wisconsin prosecutes individuals who are found to be in the United States illegally after prior deportations. In almost all cases, those persons have come to the attention of federal law enforcement after being arrested for or convicted of additional state offenses. Some examples, which include the conduct which brought them to the attention of federal authorities, their criminal history, and prior removals, are as follows:
Isaac Gutierrez-Blandon, Nicaraguan citizen, was arrested in May 2019 in Marquette County for obstructing an officer and operating a vehicle after revocation. Marquette County Officers transferred Gutierrez-Blandon to Dane County after discovering multiple Dane County arrest warrants lodged against him for repeat operating while intoxicated (OWI) offenses. In 2007, Gutierrez-Blandon was convicted in Wisconsin for homicide by intoxicated use of a vehicle. He had been removed from the United States six times, including twice after felony convictions in the Western District of Wisconsin for illegally reentering the United States after being deported. In September 2019, he was sentenced to 48 months in federal prison after his third felony conviction for illegally reentering the United States.
Rodrigo Miranda-Arias, a Mexican citizen, was convicted in Dane County in April 2018 of sexual assault of a child and incest. Miranda-Arias was deported in 2008 after being convicted in Iowa of misdemeanor assault causing bodily injury. In May 2019, he was sentenced to 15 months in federal prison for illegally reentering the United States.
Martin Orozco-Lopez, a Guatemalan citizen, was arrested in Monroe County in February 2017 for first degree sexual assault of a child. He was convicted of a felony domestic violence offense in Monroe County in 2014. He had been removed from the United States three prior times. In July 2019, he was sentenced to six months in federal prison for illegally reentering the United States.
Ascension Pascual-Rodriguez, a Mexican citizen, was arrested in Trempealeau County for stalking, violating a foreign protection order, and bail jumping. He had been removed from the United States twice, including after a felony drug conviction in Missouri. In May 2018, he was sentenced to 12 months in federal prison for illegally reentering the United States.
Jose Hernandez-Mendoza, a Mexican citizen, was arrested in Jefferson County in May 2019 for felony bail jumping and an outstanding warrant for delivery of cocaine. He has prior convictions for offenses that include possession of THC, battery (domestic abuse), failure to support a child, and resisting an officer. He was removed from the United States in 2017 and 2018. On January 30, he was sentenced to two years in federal prison for illegally reentering the United States.
Jose Marcos Torres, a citizen of Mexico, was arrested in Trempealeau County for false imprisonment, substantial battery, OWI, and disorderly conduct (domestic abuse). He has been removed from the United States twice. He has pleaded guilty to illegally reentering the United States and will be sentenced in U.S. District Court in Madison on February 12, 2020.
“These stark examples demonstrate the need for all law enforcement agencies to work together to protect public safety and ensure that our immigration laws fairly protect the interest of current citizens, as well as those who seek to become citizens,” said United States Attorney Blader.
U.S. Department of Justice sues King County over unlawful and unconstitutional restrictions on use of Boeing FieldRead the Press Release
Seattle – The U.S. Department of Justice today filed suit in federal court against King County asking the Court to invalidate and enjoin a King County policy aimed at banning all immigration related flights at Boeing Field in Seattle. In April 2019, King County announced the executive order designed to ban all deportation flights from the airfield. Because ICE can no longer use Boeing Field, it has had to transport detainees to and from the Yakima airport via bus – a trip of 150 miles.
“King County doesn’t get to pick and choose which federal laws it wants to follow,” said Brian T. Moran, U.S. Attorney for the Western District of Washington. “The federal government transferred Boeing Field to the County in 1948 – and the agreement states that the federal government retains the right to use the field at no cost. King County is violating the law, the U.S. Constitution’s Supremacy Clause, and the very agreement it signed to gain ownership of the airport.”
“The vast majority of people being deported from our state have previously committed crimes in this country that lead to their deportation,” said William D. Hyslop, U.S. Attorney for the Eastern District of Washington. “We don’t refuse to send a criminal defendant to another state to face charges – neither should we fail to return illegal aliens to their country of origin if they have committed crimes that make them inadmissible to the United States and a danger to our communities.”
In order to continue the lawful transport of detainees both to and from the Northwest ICE Processing Center, ICE must subject them to a 150-mile bus trip to Yakima, increasing the cost and lengthening the trip for the detainees.
The litigation charges the restrictions placed on Boeing Field and the contractors that service aircraft there with violating the Airline Deregulation Act (ADA), as well as the Supremacy Clause of the Constitution, by obstructing and burdening federal activities.
The litigation in Western Washington was announced today by Attorney General William Barr in a speech to the nation’s Sheriffs. In addition to the Boeing Field litigation, the Department of Justice filed suit in New Jersey seeking to invalidate laws preventing the sharing of information between state and local law enforcement and the Department of Homeland Security.
The litigation is being handled by Michael J. Gerardi, a Trial Attorney with DOJ’s Federal Programs Branch, in consultation with Assistant United States Attorney Kristin B. Johnson with the U.S. Attorney’s Office, Western District of Washington.
us_v_king_county_boeing_field.pdfU.S. Attorney Statement on Justice Department Sanctuary Jurisdiction Legal ActionRead the Press Release
PORTLAND, Ore.—Billy J. Williams, U.S. Attorney for the District of Oregon, provides the below statement on the sanctuary jurisdiction legal action announced today by Attorney General William P. Barr.
“Today, Attorney General Barr announced new legal actions in several states being taken by the Justice Department to address sanctuary jurisdictions. I share the Attorney General’s belief that sanctuary status declarations directly contravene federal immigration law and threaten public safety. In our country, the Congress makes immigration law and has directed federal authorities to enforce it. The notion that states and other jurisdictions can interfere in the sharing of critical public safety information involving criminal conduct ignores the supremacy of federal law. Each year, many preventable crimes are committed when jurisdictions refuse to cooperate with lawful federal immigration enforcement activities.
Oregon sheriffs and other law enforcement officers are caught in the middle of a highly politicized local and national debate over these policies. Many are left to choose whether to violate state or federal law. This is an untenable position for the men and women who work tirelessly to protect our communities. Since 2015, we have worked with our federal, state, and local law enforcement partners here in Oregon to cure this impasse. Our work will continue tomorrow when we will again convene a large group of law enforcement partners to discuss these new lawsuits and other related issues.”
U.S. Attorney Statement on the Actions Announced Today by the Department of Justice Against Sanctuary City JurisdictionsRead the Press Release
NASHVILLE, Tenn. – February 10, 2020 – U.S. Attorney Don Cochran issued the following statement:
“Today, Attorney General William Barr announced significant actions the Justice Department is undertaking involving several jurisdictions around the country alleging that the policies of these cities and states interfere with lawful federal immigration and enforcement activities and jeopardize public safety. I applaud the actions of Attorney General Barr and join with him in our quest to make America’s cities safer.
I am grateful that the State of Tennessee enacted a law last year, which prohibits local jurisdictions from enacting sanctuary city policies. The misguided attempts and efforts of a few to provide sanctuary for illegal aliens would have placed our communities in grave danger and severely hampered the efforts of law enforcement to protect our communities from preventable criminal acts.
Recent and past examples where dangerous, illegal aliens were removed from our communities and prosecuted by my office during the last year include:
- Douglas Benitez Herrera, of Honduras, was charged with illegal re-entry into the United States after having been deported in 2015 following convictions for first degree manslaughter, robbery, aggravated assault and other aggravated felonies.
- Juan Hernandez-Moreno, a citizen of Mexico, was charged with illegal re-entry, after being arrested in Clarksville for domestic assault. Hernandez-Moreno had previously been convicted and deported after having been arrested on numerous occasions for domestic violence offenses.
- Cuauhtemoc Serafin-Benitez, a citizen of Mexico, was charged with illegal re-entry after having been previously deported five times. In 2014 he was convicted in U.S. District Court, in Nashville, of conspiracy to distribute five kilograms or more of cocaine.
- Carlos A. Vaquerano-Rodriguez was charged with illegal re-entry after being arrested in Nashville for aggravated assault and robbery, while brandishing a machete. He had previously been charged in California with serious crimes including robbery, aggravated assault and having sex with a minor. He had also been previously deported.
- Gerson Serrano-Ramirez, a previously deported illegal alien and MS-13 gang member from El Salvador, was convicted by a jury of torturing a witness, multiple firearms violations and multiple cocaine distribution charges. Serrano-Ramirez was sentenced last year to 19 years in prison.
- Angel Daniel-Garcia, of Mexico, twice previously deported and convicted of armed robberies, was indicted last fall and is facing new firearm and drug offenses.
- Franklin Pineda-Caceras, of Honduras, previously deported in 2018, was indicted last fall for illegally re-entering the United States and firearms and drug distribution crimes. He is also accused of kidnapping a local high school student and attempting to force the student to join the MS-13 gang.
- Oscar Degaldo Flores, of El Salvador, and Luis Colindres, of Honduras, also MS-13 gang members, were charged in 2018 with conspiracy; witness tampering; firearms offenses and causing death through the use of a firearm. They are accused of killing one individual and then killing another individual to prevent them from testifying.
- Jose Lopez-Ruiz, an illegal alien from Guatemala was charged last year with illegally re-entering the United States. Lopez-Ruiz had previously been deported seven times and had been convicted of five DUI offenses, with a sixth DUI charge pending.
These are but a few examples of cases in the Middle District of Tennessee where serious crimes have been committed by persons who were in this country illegally. Without the cooperation of our local, state and federal law enforcement partners, it is highly likely that other innocent people would have been subjected to acts of intimidation, torture, and even murdered; more illicit and addictive drugs would have flowed into our neighborhoods; more businesses would have been robbed; other women and children would have been assaulted by an abusive partner; and thousands of motorists would have had to navigate our roadways with another drunk driver.
Sanctuary jurisdiction policies jeopardize public safety by preventing the federal government from locating, arresting, and prosecuting removable aliens inside the United States. I am grateful for the cooperative spirt of our law enforcement partners in the Middle District of Tennessee. Just as it is with all other investigations, we are only able to achieve the best outcomes when we all work together. Anything less hampers our prevention and enforcement efforts.”
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U.S. Attorney Praises Cooperation of State, Local Law Enforcement Agencies to Combat Illegal ImmigrationRead the Press Release
KANSAS CITY, Mo. – United States Attorney Tim Garrison praised the cooperation of state and local law enforcement agencies in the Western District of Missouri today, as U.S. Attorney General William Barr addressed the problem of sanctuary cities elsewhere in the nation.
“We appreciate the cooperation in this district among state, local, and federal law enforcement agencies,” said Garrison. “We know that, unfortunately, some parts of the country don’t benefit from such cooperation. The partnership between law enforcement officers at all levels throughout the Western District of Missouri is essential to presenting a united front against illegal immigration and the drug trafficking and violent crime often associated with it.”
“Local law enforcement agencies are often our first line of defense,” Garrison added. “We count on them to coordinate with federal authorities who enforce immigration laws aimed at protecting our neighborhoods and keeping our communities safe.”
In a recent example, Independence, Missouri, police officers arrested Carlos Colato, a citizen of El Salvador, when they received reports of a man pointing a firearm at motorists. After taking him into custody and learning that he had an active immigration detainer, officers turned him over to Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO). Colato was recently charged in federal court with being a felon and an illegal alien in possession of a firearm. According to an affidavit filed in support of the Jan. 27, 2020, federal criminal complaint, Colato has illegally entered the United States on at least five separate occasions. Garrison noted this case is being handled by a cross-designated prosecutor from the Missouri Attorney General’s office as part of the Safer Streets Initiative to combat violent crime.
“Cooperation between federal, state and local law enforcement agencies is quite simply the most effective way of promoting public safety,” said Robert Guadian, field office director for ICE Chicago, which oversees Kansas City. “Sanctuary city policies simply don’t work. Instead of promoting public safety, sanctuary policies put the lives of our community’s residents at greater risk. The Western District of Missouri has no communities that identify as sanctuary jurisdictions, as such the public is more secure as a direct result of cooperation between law enforcement agencies in this district.”
Garrison cited several more examples of local and federal agency cooperation:
On Aug. 31, 2019, Pleasant Valley, Missouri, police officers arrested Rex Ruiz-Velazquez, a citizen of Mexico, on local charges related to a neighborhood disturbance. At the time of his arrest, Ruiz-Velazquez had a loaded Glock 9mm semi-automatic pistol in his pickup truck. Ruiz-Velazquez, who has illegally entered the United States at least four times, was turned over to ICE-ERO agents and indicted last fall for being a felon in possession of a firearm and for illegally reentering the United States after having been deported.
Kansas City, Missouri, police officers responded to neighbors’ reports of gunshots on Aug. 5, 2018. They discovered that Juan Carlos Cuevas-Alvarez and Nestor K. Rodriguez, both citizens of Mexico who illegally entered the United States, had been shooting firearms in their back yard. Officers found a Cobray 9mm pistol, a Walther .380-caliber handgun, and a Sig Saur 9mm pistol at the residence. Officers also found 26 pounds of marijuana inside two black trash bags and more than $35,000 in cash. Cuevas-Alvarez and Rodriguez each pleaded guilty to being an illegal alien in possession of a firearm; Cuevas-Alvarez also pleaded guilty to possessing marijuana to distribute. Cuevas-Alvarez was sentenced to four years and six months in federal prison without parole. Rodriguez was sentenced to three years and two months in federal prison without parole.
On Sept. 16, 2018, Riverside, Missouri, police officers arrested Miguel Angel Rodriguez-Vazquez for loitering but later learned he had illegally entered the United States from Mexico on five different occasions and had a prior drug-trafficking conviction. Rodriguez-Vazquez was sentenced last summer to almost five years in federal prison without parole.
U.S. Attorney Highlights Danger of Sanctuary Laws; Urges Change to Enhance Public SafetyRead the Press Release
NEWS RELEASE SUMMARY – February 10, 2020
SAN DIEGO – U.S. Attorney Robert Brewer today called for an end to “Sanctuary City” laws, saying the state statute prohibiting local law enforcement officials from sharing information with federal counterparts about dangerous criminals has made our communities less safe.
California Senate Bill 54 largely restricts local law enforcement’s ability to cooperate with federal immigration authorities. The law generally prohibits state and local authorities from inquiring about a person’s immigration status, detaining them based on a “detainer” request from immigration authorities, and providing information about an undocumented criminal’s release date or other personal information, such as address information that could be used to locate someone potentially subject to deportation or removal. The law does provide for some exceptions for individuals convicted of certain crimes.
“The law’s prohibition against local law enforcement cooperating with their federal counterparts is inconsistent with their shared mission to protect the public above all else,” said U.S. Attorney Robert Brewer. “The law not only results in the release of individuals who may pose a threat to the safety of our communities, but it also increases the risk for law enforcement.”
Brewer continued: “Any time a detainer is not honored or the sharing of information about individuals in police custody is prohibited, our local law enforcement officers and our communities are put in danger unnecessarily. For instance, the prohibition on honoring detainers necessarily means that rather than taking custody of someone from a local jail, law enforcement must arrest that person in the community, which presents more risk to both our citizens and our officers.”
In San Diego County recently, the Sheriff’s Department was unable to notify immigration authorities when illegal immigrants were released on bond following arrests for possession of methamphetamine, drunken driving and carrying a concealed weapon.
“Our No. 1 priority is to protect the public, but sanctuary laws prevent us from doing that to the best of our ability,” Brewer said. “We have an excellent relationship with our local law enforcement partners, but, dangerously, this law ties their hands. Sanctuary laws jeopardize public safety by preventing the federal government from locating, arresting, and prosecuting removable aliens inside the United States.”
“While we value our relationships with our local law enforcement partners in San Diego, it is important to remind the public of the serious threat that dangerous state sanctuary laws pose on public safety in our communities,” said Gregory Archambeault, Immigration and Customs Enforcement, Enforcement and Removal Operations Field Office Director in San Diego. “Currently the state sanctuary laws allow criminals to be released to the street and commit more crimes, which increases the threat to public safety, national security and the safety of our community. It would be much safer if ICE were able to transfer the criminals while they are inside the county jail.”
U.s. Attorney’s Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin and the Justice Department’s Civil Rights Division hosted a roundtable Friday February 7th 2020 for community organizations to discuss the problem of sexual harassment in housing.
The event included legal aid offices, fair housing organizations, government agencies, shelters, and transitional housing providers. Those organizations were invited because they often work with vulnerable populations who are most likely to become victims of sexual harassment in housing.
“Sexual harassment in housing is often underreported, but it is an egregious violation of a person’s right to fair housing,” U.S. Attorney Krueger said. “Landlords, superintendents, and anyone else who uses their power over tenants to extort sexual acts, or even commit assaults, is intolerable. Our office is dedicated to uncovering such violations and vigorously enforcing the law.”
The Department of Justice, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
The Justice Department’s Civil Rights Division launched the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing, in October 2017 and expanded it nationwide in April 2018. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts among people who have experienced sexual harassment in housing and those they may report to, and collaborate with federal, state, and local partners to increase reporting and help people who have experienced sexual harassment quickly and easily connect with federal resources.
Our office is working closely with the Civil Rights Division to spread the word here in the Eastern District of Wisconsin about options to help people experiencing sexual harassment or who experienced sexual harassment in housing in the past. Roundtable discussions like the one that U.S. Attorney Krueger hosted today are one way to increase awareness and build strong partnerships in the community to combat this problem together.
Our community organizations, such as local law enforcement, legal aid offices, fair housing organizations, shelters, and transitional housing providers can identify the misconduct and recommend that victims report sexual harassment to the Civil Rights Division. Not only should people who experience sexual harassment in housing be aware of the Justice Department’s enforcement efforts, but people or organizations they may tell about the sexual harassment should also be aware where to refer them to report the misconduct. Local police departments or legal aid offices may be able to help victims, if the behavior is a crime or if there is an imminent eviction. In addition, organizations should recommend that the victim report the harassment to the Civil Rights Division and the U.S. Attorney’s Office.
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in housing, and the Fair Housing Act prohibits it. The Justice Department brings cases each year involving egregious conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual acts in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.
Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been occurring for years or decades and identify numerous victims who never reported the conduct to federal authorities.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Division by calling (844) 380-6178 or emailing [email protected]. Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at 414-297-1700.
Individuals or organizations who want more information about how to raise awareness of sexual harassment or discrimination should likewise contact the U.S. Attorney’s Office.
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Tank vessel operator convicted of unlawful discharge of bilge waste, sentenced to $1.75 million fineRead the Press Release
HONOLULU, Hawaii – Bernhard Schulte Shipmanagement (Singapore) PTE LTD. (“Bernhard”), a vessel operating company, pleaded guilty today in federal court to one count of maintaining false and incomplete records relating to the discharge of bilge waste from the tank vessel Topaz Express, a felony violation of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1908(a), announced Assistant Attorney General Jeffrey Bossert Clark and United States Attorney for the District of Hawaii Kenji M. Price.
U.S. District Judge Derrick K. Watson accepted the guilty plea. Chief Engineer Skenda Reddy and vessel Second Engineer Padmanaban Samirajan previously pled guilty to their involvement in the offense.
Judge Watson imposed a total fine of $1,750,000 and a four-year term of probation. This is the largest fine ever imposed in the District of Hawaii for this type of offense. Bernhard further must implement a robust Environmental Compliance Plan, which applies to all 38 tank vessels operated by the company that call on U.S. ports.
According to court documents and information presented in court, the defendants illegally dumped bilge waste from the Topaz Express directly into the ocean, without properly processing it through pollution prevention equipment. Bilge waste typically contains oil contamination from the operation and cleaning of machinery on the vessel. The defendants admitted that these illegal discharges were not recorded in the vessel’s oil record book as required by law. Specifically, on three separate occasions between May and July 2019, Bernhard, acting through Chief Engineer Reddy and Second Engineer Samirajan, its employees, used a portable pneumatic pump and hose to bypass the ship’s pollution prevention equipment and discharge bilge waste directly into the ocean. They then failed to record the improper overboard discharges in the vessel’s oil record book. Additionally, during the U.S. Coast Guard’s inspection of the Topaz Express, Reddy destroyed paper sounding sheets and altered a copy of the vessel’s electronic sounding log, in an effort to conceal how much bilge waste had been discharged overboard without being processed through the vessel’s pollution prevention equipment.
“The Environment and Natural Resources Division of the Department of Justice is charged with enforcing federal and international laws designed to protect our oceans from pollutants,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “Under those laws, vessel operators are required to either properly treat their bilge waste onboard before discharging it into the sea or offload their bilge waste to disposal facilities. This case should serve as a deterrent to individuals and companies that flout our laws and pollute our oceans.”
“Prosecutions like this one are important because, by holding companies accountable for the harm they cause to the ocean’s ecosystem, we do our part to protect the planet and its finite resources. In Hawaii, we are surrounded by the beauty of the Pacific Ocean, and companies that intentionally damage the ocean’s ecosystem must be held accountable for their criminal conduct,” stated U.S. Attorney Price. “My office will continue to bring to justice companies that illegally discharge bilge waste into the ocean and then attempt to conceal their misconduct.”
“This case was built on the hard work of Coast Guard inspectors and investigators and we appreciate the strong partnership with the Department of Justice to hold polluters accountable,” said Captain Arex Avanni, commander, Coast Guard Sector Honolulu. “All vessel owners and operators are responsible for maintaining their vessels and preventing illegal discharges of oily wastes into the ocean. We are committed to the people of Hawaii to protect our waters and the Pacific Ocean from the damage caused by pollution from illegal dumping.”
This case was investigated by the U.S. Coast Guard Sector Honolulu, and the U.S. Coast Guard Investigative Service. The case is being prosecuted by Trial Attorney Stephen Da Ponte of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Marc A. Wallenstein of the U.S. Attorney's Office for the District of Hawaii.