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12 March 2020
Repeat Sex Offender Who Possessed Child Pornography and Failed to Register as A Sex Offender Sentenced to Thirty Years in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Jason Matthew Zeller (42, Orlando) to 30 years in federal prison for receiving child pornography and for failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).
Zeller had pleaded guilty on October 28, 2019.
According to court documents, on December 16, 2009, Zeller was convicted in the 24th Judicial District Court in Jefferson Parish, Louisiana for possessing pornography involving juveniles. On January 5, 2010, Zeller was sentenced to a term of three years’ imprisonment. Zeller was also required to register as a sex offender following his release from prison.
On January 7, 2019, Zeller was located and arrested in Seminole County, Florida on a Louisiana fugitive warrant. At the time of his arrest, Zeller stated that he had been in the central Florida area for approximately a year and a half, and had been living in the woods in Longwood. Zeller also admitted to accessing the internet via a cellphone, in violation of his conditions of release. Zeller used the mobile device to access various internet applications, which law enforcement has identified as being used for the online exchange of child pornography.
A search and forensics analysis of the cellphone revealed 17 videos and more than 600 images of child pornography, including an image received on December 24, 2018. That image showed a young girl being raped by an adult male.
Following his sex offense conviction in Louisiana, Zeller had an obligation to register in Louisiana and in any state where he later resided. Zeller was supposed to register again in Louisiana on January 1, 2017, but never did because he had absconded. Zeller was supposed to appear in court in Louisiana on January 7, 2017, for a solicitation of a minor charge, but failed to appear.
On January 7, 2019, the United States Marshals Service located Zeller in Altamonte Springs, where he admitted to law enforcement that he had not registered as a sex offender in Florida. A search by law enforcement showed that Zeller neither updated his Louisiana registration with a Florida residence, nor registered as a sex offender in Florida, as required by SORNA.
This case was investigated by the Federal Bureau of Investigation and the United States Marshals Service. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Rapid City Woman Indicted on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Journey Austin, age 24, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 12, 2019, Austin knowing she was an unlawful user of and addicted to a controlled substance as defined in 21 U.S.C. 802, and knowing she had been convicted of a felony, knowingly possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce.
The charge is merely an accusation and Austin is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Mike Elmore is prosecuting the case.
Austin was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted on Drug Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute Methamphetamine.
Daniel Roan Eagle, age 29, was indicted on January 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison, with a mandatory minimum of 5 years in prison, and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that on October 27, 2019, Roan Eagle did knowingly and intentionally possess with the intent to distribute 50 grams or more of methamphetamine in Todd County, on the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Roan Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Roan Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted on Domestic Assault by Habitual Offender, Child Abuse, and Meth ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender, Child Abuse, and Possession of a Controlled Substance With Intent to Distribute.
Alvin Bear Heels, Jr., age 45, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 7, 2019 and February 20, 2020, in Mellette County, South Dakota, Bear Heels unlawfully committed a domestic assault against a spouse or intimate partner and that, at the time of the domestic assault, Bear Heels had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner. The Indictment further alleges that at the same time and place, Bear Heels did abuse, expose, torture, torment, and cruelly punish two different children who had not attained the age of eighteen. The Indictment further alleges that in the district of South Dakota and elsewhere, Bear Heels knowingly and intentionally possessed with the intent to distribute methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Bear Heels is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Bear Heels was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Port Chester Narcotics and Firearms Trafficker Sentenced in White Plains Federal Court to 17 Years in PrisonRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CRISTIAN FERNANDEZ was sentenced to 204 months in prison for conspiring to distribute heroin and possessing firearms in furtherance of drug trafficking between 2017 and 2018. Fernandez pled guilty on December 5, 2019, before U.S. District Court Judge Vincent L. Briccetti, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Cristian Fernandez was a leader of a transnational criminal organization that trafficked illegal guns and drugs. Today he was handed the lengthy prison sentence his crimes deserve.”
According court filings and statements made at public court proceedings:
Between 2017 and 2018, FERNANDEZ led a transnational criminal organization that trafficked drugs and guns in Port Chester, New York, and other locations throughout the United States. FERNANDEZ received kilograms of heroin from a supplier in Mexico and headed a network of co-conspirators who helped distribute the drugs for profit in different parts of the United States.
In addition to trafficking drugs, FERNANDEZ also operated a firearms business, through which he sold and possessed at least six firearms, five of which were operable. In one transaction, on December 12, 2017, FERNANDEZ sold a 7.62 millimeter AK-type rifle with evidence of discharge in the barrel and a 20-gauge shotgun, both operable, along with nearly 450 grams of heroin mixed with fentanyl for the total price of $25,600.
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In addition to the prison term, FERNANDEZ, 45, of Port Chester, New York, was sentenced to five years of supervised release and ordered to forfeit $570,000, including $51,869 in cash that was seized from his residence on the day of his arrest.
Mr. Berman praised the outstanding investigative work of the FBI and the Port Chester Police Department. Mr. Berman also thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Westchester County Police Department, and the Peekskill Police Department for their assistance in this investigation.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Olga Zverovich and Samuel Adelsberg are in charge of the prosecution.
Pharmacist Sentenced to Three Years in Prison for Conspiring to Steal More than $4.5 Million in Prescription Reimbursements and for Unlawful Opioid Distribution and Agrees to Pay $300,000 to Settle False Claims Act LitigationRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Charles F. Kohlerman, IV, 50, of Media, PA, was sentenced to three years’ imprisonment and two years of supervised release by United States District Court Judge R. Barclay Surrick for one count of conspiracy to commit wire fraud and 14 counts of distributing and dispensing oxycodone outside the course of professional practice and not for a legitimate medical purpose. The Court further ordered the defendant to pay a special assessment of $1,500 and a forfeiture of $1.7 million. Kohlerman pleaded guilty to these criminal charges in September 2019.
The charges stem from Kohlerman’s role as a licensed pharmacist and the owner of Kohlerman Pharmacy. Kohlerman’s patients sought to fill prescriptions of brand-name Lipitor® and its generic equivalent, atorvastatin calcium. Regardless of their need, and often without their knowledge, Kohlerman enrolled the vast majority of these patients in Manufacturer One’s Lipitor Savings Card coupon program (the “Program”). Under the Program, Kohlerman billed a patient’s private insurance and then submitted a secondary claim to Manufacturer One for payment to his pharmacy in a scheme to defraud the Program.
In order to carry out his scheme, Kohlerman purchased a negligible quantity of brand-name Lipitor® for his pharmacy and significant quantities of its much cheaper generic equivalent. Kohlerman dispensed the generic equivalent in bottles with brand-name Lipitor® on the labels and then submitted claims to Manufacturer One for reimbursement for the brand-name drug that he neither purchased nor dispensed. To maximize his fraudulent returns, Kohlerman created fake prescriptions for Lipitor®—that neither he nor his pharmacy dispensed—and submitted claims for those fake prescriptions to the Program. Kohlerman also changed physician-issued, one-month supply prescriptions of Lipitor® to a three-month supply prescription to triple the fraudulent refund he would receive from Manufacturer One. Additionally, Kohlerman altered legitimate prescriptions that permitted generic substitution to require distribution of the brand name drug, all while he filled actual brand-only prescriptions with the generic equivalent. Kohlerman submitted false and fraudulent claims to Manufacturer One of $4,562,834.97 and was paid $1,696,566.22.
As part of his scheme, Kohlerman also submitted approximately 126 false and fraudulent Lipitor® claims to the Medicare program, approximately two false and fraudulent Lipitor® claims to the Medicaid program, and approximately 18 false and fraudulent Lipitor® claims to federal employee health benefits programs paid for by the Office of Personnel Management (OPM). Kohlerman was reimbursed $106,986.70 from Medicare, $2,686.60 from Medicaid, and $5,600.31 from OPM.
In addition to the wire fraud scheme, Kohlerman also ignored suspicious activity on 14 separate occasions and, in each instance, distributed or caused to be distributed 120 oxycodone 30 mg tablets to a purported pharmacy customer. The customer, however, was not the individual for whom the oxycodone was prescribed. Additional warning signs that Kohlerman ignored included: (1) the quantity of narcotics exceeded Center for Disease Control recommendations for standard medical usage; (2) both the customer and the purported patient lived over 45 minutes away from the pharmacy; (3) the purported patient’s prescribing physician practiced a similar distance away; (4) the purported patient never picked up his/her prescriptions in person and did not visit the pharmacy in person; and (5) the customer filled prescriptions on behalf of the purported patient before they were eligible for refills.
Finally, as part of a civil resolution, Kohlerman and Kohlerman Pharmacy have agreed to pay the United States $300,000.00 to resolve allegations under the False Claims Act, 31 U.S.C. §§ 3729 et seq., that both Kohlerman and the pharmacy submitted or caused the submission of approximately 146 false claims for Lipitor® when they had, in fact, substituted the generic equivalent for those claims. The civil allegations against Kohlerman Pharmacy are allegations only and there has been no finding of liability as to the pharmacy.
“Kohlerman put his own greed above his patients’ well-being,” said U.S. Attorney McSwain. “By changing patients’ legitimately prescribed medications, unbeknownst to them, Kohlerman pumped up the amount of money he could steal. By doing so, he ripped off the American taxpayer and private industry alike. Kohlerman’s self-interest is also reflected in his wanton distribution of illegal painkillers. This criminal sentence and civil resolution demonstrate the coordination between My Office’s Criminal and Civil Divisions and our Health Care Fraud Strike Force. We will use every weapon in our arsenal—criminal and civil—to prosecute medical professionals who put profits over the well-being of patients.”
Thomas W. South, Deputy Assistant Inspector General for Investigations, OPM OIG, said: “In addition to unethically changing patients’ prescriptions without their knowledge or consent, Mr. Kohlerman’s greed also endangered patients’ health through the careless prescription of opioids. The opioid crisis is fueled by corrupt providers that dispense and distribute narcotics outside the course of professional practice and for no legitimate medical purpose. OPM OIG will not tolerate those who put profits above the well-being of patients.”
“As a pharmacist, Kohlerman has a corresponding responsibility, similar to that of a doctor, to insure that prescriptions for controlled substances are filled for a legitimate medical purpose and within the course of professional practice,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “Kohlerman repeatedly ignored that responsibility by dispensing multiple prescriptions for powerful prescription painkillers such as oxycodone to people other than the patient named on the prescription, dispensed before they were eligible for refills, and for patients that lived over 45 minutes away from his pharmacy—all of which are indicative of illegal diversion activity.”
“Chuck Kohlerman used pharmacy patrons as pawns in his money-making scheme, soon adding phony prescriptions into the mix,” said Tara A. McMahon, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “All told, his litany of fraudulent claims netted nearly $2 million to which he wasn’t entitled. Add to that his reckless dispensing of addictive opioids, and it’s clear that the guiding principle here was greed. One of these days, medical professionals will get the message that health care fraud is a high priority for the FBI and we’re working every day to hold perpetrators accountable.”
“Kohlerman chose himself over his patients,” said Special Agent in Charge Maureen R. Dixon, Office of the Inspector General for the Department of Health and Human Services (HHS-OIG). “HHS-OIG and our law enforcement partners will continue to investigate and prosecute individuals who chose to enrich themselves at the expense of patients.”
The case was investigated by the Office of Personnel Management, Drug Enforcement Administration, Federal Bureau of Investigation, Health and Human Services Office of Inspector General, and the U.S. Marshals, and is being prosecuted by Assistant United States Attorney Paul J. Koob and Trial Attorney Adam G. Yoffie. Deputy Chief for Affirmative Litigation Charlene Keller Fullmer of the Eastern District of Pennsylvania is handling the parallel civil case.
Pensacola Compounding Pharmacy Owner Convicted in $4.8 Million Tricare Fraud and Money Laundering ConspiraciesRead the Press Release
PENSACOLA, FLORIDA – A federal jury in Pensacola has convicted Andrew E. Fisher, 34, of Gulf Breeze, of conspiring to use his pharmacy to defraud more than $4.8 million from TRICARE, a federal health care program for uniformed service members, retirees, and their families, and then laundering the money generated by the fraud. The guilty verdict, reached by the jury on Monday, was announced today by Lawrence Keefe, United States Attorney for the Northern District of Florida.
"This conspiracy stole from taxpayers at the expense of the health and well-being of heroes who willingly served our nation or supported loved ones as they did so," said U.S. Attorney Keefe. "This is a flagrant and shocking violation of the public trust, and this conviction proves we will not allow such actions to continue."
Fisher, the owner and operator of Physician Specialty Pharmacy (PSP) in Pensacola, was convicted of conspiracy to commit health care fraud and wire fraud and conspiracy to commit money laundering. Evidence at trial established that between October 2014 and December 2015, Fisher conspired with sales representative Michael Scott Burton and others to defraud TRICARE out of more than $4.8 million in fraudulent claims for prescription compounded pain cream, scar cream, and wellness vitamins. Fisher agreed to fill prescriptions at PSP from a doctor’s office in Georgia whose beneficiary information was provided by Burton and individuals working for him, knowing that these particular beneficiaries had never seen that doctor and the prescriptions were not based on a legitimate doctor-patient relationship. In exchange for recruiting TRICARE beneficiaries to receive the prescriptions, Burton received approximately 50% of the amount paid to Fisher in insurance reimbursements. Those commission payments were laundered in the form of large wire transfers and direct deposits into Burton’s bank account in Georgia.
"I am pleased by the results of the investigative team and the U.S. Attorney's office to bring justice to these individuals," said Special Agent in Charge Cynthia A. Bruce of the Defense Criminal Investigative Service Southeast Field Office. "The defendant in this case conspired to deprive the DoD of precious resources needed for the healthcare of DoD Families."
Evidence at trial also established that as part of the scheme, Fisher, who is not a licensed pharmacist, directed his pharmacist employees to use ingredient formulations for the drugs that would maximize the amount his pharmacy could bill to TRICARE – which was upwards of $10,000 to $17,000 per medication at the time – and other insurance companies without considering what was best for patient care. Fisher also directed Burton and his employees to tell beneficiaries not to worry about co-payments, in order to ensure that the beneficiaries would not decline receiving the medications over out-of-pocket cost. Because PSP was not a TRICARE network pharmacy, Fisher paid Burklow Pharmacy in Pace a commission of approximately 15% to allow PSP to bill TRICARE using Burklow’s network provider contract for prescriptions received, filled, and shipped at PSP, including ones Fisher knew were fraudulent. During the conspiracy, Fisher also purchased Jay Pharmacy in Jay, Florida, and used its existing insurance contracts with TRICARE and others to bill for fraudulent PSP prescriptions.
Five co-conspirators named in the indictment, including Burton, previously pled guilty in two related cases. Burton was sentenced to 96 months in prison, Bradley D. Pounds was sentenced to 21 months in prison, and Marie Ann Smith and Heather E. Pounds were sentenced to probation. Brad T. Hodgson is still awaiting sentencing. Fisher’s sentencing has been set for May 22, 2020, at 10:00 a.m.
Assistant United States Attorney Alicia H. Forbes prosecuted the case following a joint investigation by the Federal Bureau of Investigation, Defense Criminal Investigative Service, Florida Department of Law Enforcement, Florida Department of Financial Services-Bureau of Insurance Fraud, Florida Department of Health, Naval Criminal Investigative Service, and Army Criminal Investigative Command.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Pendleton County Man Sentenced to 37 Months for Possession of Firearm as Convicted FelonRead the Press Release
COVINGTON, Ky. - A Falmouth, Kentucky man, Charles E. Luke, 36, was sentenced to 37 months on Thursday, by U.S. District Judge David L. Bunning, for being a convicted felon in possession of a firearm.
Luke admitted that on July 27, 2019, he was stopped by police in Pendleton County. When the officers approached his vehicle, he placed a firearm in the glovebox. Luke further admitted that he knew he was a convicted felon and was not permitted to possess a firearm. Luke pleaded guilty in November 2019.
Luke had three prior felony convictions.
Under federal law, Luke must serve 85 percent of his prison sentence. Upon his release, Luke will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge for ATF, Louisville Field Office; and Commissioner Rodney Brewer, Kentucky State Police, jointly made the announcement.
The investigation was conducted by ATF and KSP. The United States was represented by Assistant U.S. Attorney Wade Napier.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Orange County Men Arrested on Drug ChargesRead the Press Release
ALBANY, NEW YORK – Peter Mami, age 41, and James Taylor, age 32, both of Orange County, New York, were ordered detained yesterday after being arrested last week and charged with possessing with the intent to distribute 500 grams or more of cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
Both Mami and Taylor appeared yesterday before United States Magistrate Daniel J. Stewart and were ordered detained pending further proceedings. The criminal complaint filed against them alleges that, on March 2, 2020, they possessed with intent to distribute approximately two kilograms of cocaine. The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The charges filed against Mami and Taylor carry a minimum sentence of 5 years and a maximum sentence of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Ontario Man Pleads Guilty to Transporting Illegal AliensRead the Press Release
ALBANY, NEW YORK – Kumanaraj Thurairajah, age 44, pled guilty yesterday to transporting illegal aliens, announced United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Thurairajah, a Canadian citizen and a resident of Ontario, Canada, admitted that, on the morning of October 5, 2019, he was waiting in a parking lot outside of a hotel in Canton, NY. While he was waiting, a van dropped off six Indian nationals, all of whom had recently crossed into the United States illegally. The aliens entered Thurairajah’s van and they departed intending to travel to New York City. Thurairajah and his passengers were thereafter apprehended by United States Border Patrol Agents. As part of his guilty plea, Thurairajah admitted that he knew or recklessly disregarded the fact that the Indian nationals were unlawfully in the United States, and that he acted with the intent to further their unlawful presence.
Thurairajah faces up to 5 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release when he is sentenced by Senior Judge Lawrence E. Kahn on July 8, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Omaha Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Jason David Oetter, age 48, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possession with intent to distribute methamphetamine. United States District Court Judge Brian C. Buescher sentenced Oetter to 130 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Oetter will begin a five-year term of supervised release.
On April 29, 2019, officers with the Omaha Police Department observed Oetter sitting on a motorcycle. Officers were aware that Oetter had an active warrant and attempted to make contact. Oetter tried to flee on the motorcycle but wiped out. Oetter was taken into custody and had 93.6 grams of pure methamphetamine in his possession.
This case was investigated by the Omaha Police Department.
Okreek Man Indicted on Assault and Child Abuse ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation and Suffocation and Child Abuse.
Sheldon Denoyer, age 30, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 12, 2019, Denoyer unlawfully committed a domestic assault against his intimate partner, by strangling and suffocating her, and further did abuse, expose, torture, torment, and cruelly punish a minor child.
The charges are merely accusations and Denoyer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Denoyer was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
North Carolina Man Indicted for Extorting a St. Louis CorporationRead the Press Release
St. Louis, MO –Gregory Clark, 54, of Chapel Hill, North Carolina, was indicted by a federal grand jury today on one count of Interstate Extortion; one count of Interstate Activity in Aid of Racketeering; and one count of Interference with Commerce by Means of Extortion.
According to the Indictment, Clark was employed by a St. Louis company. Following Clark’s termination, he sent an email to his former employer saying that he had stolen the company’s confidential business information and threatening to divulge that information to the company’s business associates unless the company either rehired him or paid him $200,000 not to release the information.
If convicted, the defendant faces a maximum penalty of 20 years in prison and a $250,000 fine. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The Federal Bureau of Investigation is investigating this case.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Murdo Woman Indicted on Drug Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Murdo, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Moriah Moran, age 32, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that on May 7, 2019, Moran knowingly and intentionally possessed with the intent to distribute methamphetamine in Todd County, on the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Moran was released on bond pending trial. A trial date has not been set.
Montgomery County Man Sentenced to 30 Years for Producing and Transporting Child PornographyRead the Press Release
ALBANY, NEW YORK – John D. Salisbury, age 49, of Hagaman, New York, was sentenced today to 360 months in prison for producing and transporting child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Susan Ferensic, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Keith M. Corlett, Superintendent of the New York State Police (NYSP).
Senior United States District Judge Norman A. Mordue also sentenced Salisbury to a lifetime term of supervised release, to begin following his term of imprisonment. Salisbury will also be required to register as a sex offender upon his release from prison
Salisbury pled guilty on June 21, 2019, to four counts of sexual exploitation of a child, and one count of transportation of child pornography.
In connection with his guilty plea, Salisbury admitted that on four occasions between October 2016 and February 2017, he used a hidden camera inside the bathroom of his residence to produce sexually explicit videos depicting a minor. Salisbury also admitted that he knowingly uploaded photos and videos depicting child pornography from a smartphone to an Internet-based email account.
In addition, the investigation determined that in November 2017, Salisbury exchanged text messages with an undercover investigator, in which he repeatedly expressed sexual interest in a child under his care whom he previously sexually exploited, and sent the investigator two photos of the child, including a screenshot from one of the videos filmed in the bathroom of his residence.
This case was investigated by the FBI and the New York State Police, with assistance from the Colonie Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Monmouth County Business Owner Admits Tax Evasion and Failing to Pay Employment Payroll TaxesRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, business owner admitted today to tax evasion and failure to pay the IRS over $540,000 in employment taxes, U.S. Attorney Craig Carpenito announced.
Wilson Salas-Molina, 39, of Howell, New Jersey, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of payroll tax evasion and one count of failure to collect, account for, and pay over payroll taxes.
According to documents filed in the case and statements made in court:
Salas-Molina was the owner and operator of US Contractor Inc. (a/k/a Wilson Contractors Inc., a/k/a WC Contractor Inc.), a roofing business located in Monmouth County. From 2012 to 2018, Salas-Molina was required to withhold and pay over to the IRS the employment taxes for US Contractor employees. Salas-Molina cashed checks he received from roofing clients at a check cashing service, and he paid his 14 employees in cash to conceal his payment of wages and his failure to report, account for, and pay over employment taxes to the IRS. The scheme resulted in a failure to withhold and pay over $540,000 in employment taxes to the IRS.
The count of tax evasion and the count of failure to collect, account for, and pay over payroll taxes each carry a maximum potential penalty of five years in prison and $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for XX.
U.S. Attorney Carpenito credited special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Courtney A. Howard of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Mexican National Sentenced to 144 Months in Prison for Six Armed RobberiesRead the Press Release
CONCORD - A Mexican national residing in Manchester was sentenced to 144 months in federal prison after being convicted of committing six armed robberies, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Guillermo Garcia Esquivel, 36, committed six armed robberies of convenience stores in Manchester between January 5, 2019 and February 24, 2019. During each of the robberies, Esquivel pointed what appeared to be a black handgun at the victim cashier and demanded money. In two of the robberies, he also displayed a knife. Esquivel stole in excess of $5,000 during these robberies.
Esquivel previously pleaded guilty on November 19, 2019. In addition to his prison sentence, he was ordered to pay $4,530 in restitution. Esquivel does not have lawful status in the United States. After serving his prison sentence, he faces likely removal to Mexico.
“This defendant’s actions terrorized clerks at multiple stores and jeopardized the safety of the public,” said U.S. Attorney Murray. “We will not tolerate violent crime in Manchester or anywhere in the Granite State. This case demonstrates our commitment to working with the Manchester Police Department, ATF, and all of our law enforcement partners to identify, prosecute, and incarcerate armed violent criminals who threaten our citizens.”
“Individuals such as Esquivel who are brazen enough to commit armed robberies present a clear and present danger to our community,” said Special Agent in Charge Kelly D. Brady, ATF Boston Field Division. “The sentence in this case sends an unequivocal message that this conduct will not be tolerated and provides further evidence of ATF’s commitment to combating violent crime by utilizing all available resources to make our communities safer.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Anna Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Mercer County Felon Illegally Possessed Multiple Drugs, a Firearm and AmmunitionRead the Press Release
PITTSBURGH, PA - A former Mercer County resident pleaded guilty in federal court to charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
Marvin Lee Houze, Jr., 24, of Sharon, Pennsylvania, pleaded guilty to three counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Houze possessed with the intent to distribute approximately 75 grams of a mixture and substance containing tramadol, fentanyl, heroin, acetyl fentanyl, and carfentanil; approximately 30 grams of a mixture and substance containing fentanyl and heroin; and approximately 30 grams of crack cocaine. In addition, Houze, a convicted felon, was in possession of a Smith & Wesson pistol, Model SD 40 VE and ammunition. Houze has felony convictions for firearms offenses in Ohio. As a convicted felon, Houze is prohibited by federal law from possessing a firearm.
"The prosecution of Marvin Houze, Jr. is a direct result of our partnership with the Mercer County District Attorney’s Office, led by DA Peter Acker, and our Project Guardian strategy. Project Guardian is a partnership of federal, state and local law enforcement to prosecute and remove the most violent offenders from our communities," said U.S. Attorney Brady. "Houze, a two-time felon, was trafficking in fentanyl and cocaine, and illegally possessed a firearm and ammunition. I commend the work of District Attorney Peter Acker and the County’s Drug Task Force to make Mercer County a safer community."
"The Office of the District Attorney of Mercer County is extremely grateful to U.S. Attorney Scott Brady and his staff for assuming prosecutorial responsibility of this case and obtaining the conviction," said Mercer County District Attorney Peter C. Acker. "We are also grateful to the Pennsylvania Office of Attorney General Region 6 Narcotics Strike Force, the U.S. Drug Enforcement Administration, the Mercer County Critical Incident Response Team and the Mercer County Drug Task Force in coordinating and executing the search warrant. The operation struck a blow to the interstate movement of narcotics into Mercer County."
Judge Schwab scheduled sentencing for August 12, 2020 at 9:30 a.m. The law provides for a mandatory minimum sentence of not less than five years in prison to a maximum of 40 years, and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses, and the criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the Pennsylvania Office of Attorney General, and the Mercer County Drug Task Force conducted the investigation leading to the charges in this case.
This case was brought as part of Project Guardian, the Attorney General’s initiative to prosecute those who violate the federal firearms laws. Reducing gun violence has always been among the Department of Justice’s highest priorities. Project Guardian serves as a complementary effort to the success of Project Safe Neighborhoods (PSN).
This case also was prosecuted as part of Operation S.O.S. (Synthetic Opioid Surge), a DOJ enforcement initiative designed to dismantle deadly fentanyl distribution networks through cooperation with local, state and federal law enforcement, as well as local and state prosecutors. The Western District of Pennsylvania is one of 10 districts from across the country to implement the S.O.S. program.
Manchester Man Charged with Dealing FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford returned an indictment yesterday charging MIKE CRUZ, also known as Mike Flores and “Mega,” 30, of Manchester, with fentanyl distribution offenses.
As alleged in court documents, in January 2020, law enforcement received information that Cruz was distributing large quantities of narcotics from his Manchester apartment. On February 18, 2020, investigators conducted a controlled purchase of approximately 50 grams of fentanyl from Cruz.
Cruz was arrested on a federal criminal complaint in Manchester on February 27, 2020. At the time of his arrest he possessed approximately 100 grams of compressed fentanyl. On that date, a search of his vehicle also revealed approximately 2,000 dose bags of fentanyl and a search of his residence revealed $29,408 in cash.
Cruz has been detained since his arrest.
The indictment charges Cruz with one count of possession with intent to distribute, and distribution of, 40 grams or more of fentanyl, and one count of possession with intent to distribute 40 grams or more of fentanyl. Each of the charges carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s Hartford Task Force and is being prosecuted by Assistant U.S. Attorney Margaret Maigret Donovan.
MS-13 member who shot and killed suspected rival gang member, threatened witness/victim at federal courthouse sentenced to 30 years in prisonRead the Press Release
COLUMBUS, Ohio – A defendant known as “Shadow” was sentenced in U.S. District Court today to 30 years in prison for participating in a racketeering conspiracy and murder through the use of a firearm during a crime of violence.
Jose Mendez-Peraza, 38, of Columbus, pleaded guilty in October 2019 and accepted responsibility for his involvement as a shooter in the December 2016 murder of Salvador Martinez-Diaz, a suspected 18th Street gang member.
On Dec. 3, 2016, co-conspirators waited in the parking lot of the Resolute Athletic Complex in Columbus where the victim was playing soccer. Others, including Mendez-Peraza, wore dark ski masks and waited for Martinez-Diaz near his apartment building at Melroy Ave. and Kelburn Road in Columbus.
When the victim arrived near his home, Mendez-Peraza and another MS-13 member opened fire on Martinez-Diaz with pistols, shooting him multiple times and killing him.
Mendez-Peraza also threatened a witness/victim in this case while at the Joseph P. Kinneary United States Courthouse in Columbus. Mendez-Peraza told the witness/victim that MS-13 members would kill the individual and his/her family if the individual cooperated with law enforcement.
Mendez-Peraza is one of 23 individuals charged in a second superseding indictment in February 2018 who are alleged to be members and associates of MS-13 in Columbus.
The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.
The second superseding indictment alleges that the defendants committed a host of overt acts in furtherance of the conspiracy, including: 1) the December 2006 murder of Jose Mendez, a confidential informant, in Perry County; 2) the November 2008 murder of Ramon Ramos on Lockbourne Road in Columbus; 3) the mid-2015 murder of Carlos Serrano-Ramos, a suspected rival gang member, near Innis Road in Columbus; 4) the November 2015 murder of Wilson Villeda near Innis Road in Columbus; and 5) the December 2016 murder of Salvador Martinez-Diaz, a suspected rival gang member, on Melroy Avenue in Columbus.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; Franklin County Sheriff Dallas Baldwin; and Columbus Police Chief Thomas Quinlan announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr.
Deputy Criminal Chief Brian J. Martinez and Assistant United States Attorney Noah R. Litton are representing the United States in this case.
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Lower Brule Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffrey Paul Jandreau, age 41, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 15, 2019, and February 22, 2020, Jandreau, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration as required by law.
The charge is merely an accusation and Jandreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Jandreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Los Angeles Man Convicted of Scheming to Sell Fake Art to South Florida GalleryRead the Press Release
Miami – Today, in federal court in Miami, a 43-year-old Los Angeles man pled guilty to defrauding a South Florida art gallery by trying to sell forgeries of works by renowned contemporary artists Keith Haring and Jean-Michel Basquiat to the gallery’s owner for more than $1 million.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to court records, Philip Righter’s fraud scheme started with buying art forgeries on-line, at marketplaces and auction sites. Once he had the fakes, Righter tried to make them appear legitimate by creating letters that falsely certified their authenticity. For example, he created letters that appeared to be from “The Estate of Keith Haring” and the “Authentication Committee of the Estate of Jean-Michel Basquiat.” In fact, they were not. Righter even designed and purchased embossers bearing the names of Haring and Basquiat. He stamped the fake letters with the custom embossers, trying to sharpen the look of legitimacy.
With the forgeries and letters in hand, Righter offered to sell the fraudulent art pieces to a South Florida gallery, auction houses, and others. When the gallery owner showed interest, Righter (who was in Los Angeles) shipped a number of the forgeries to a warehouse in South Florida. Righter’s price for the forgeries was $1,056,000. He directed the gallery owner to wire the money to Righter’s bank account.
Righter pled guilty to one count of mail fraud and one count of aggravated identity theft. His sentencing hearing is set for May 18, 2020, at 9:30 a.m. before United States District Judge Marcia G. Cooke. Righter faces up to 20 years in prison on the mail fraud charge. The aggravated identity theft charge carries a minimum prison sentence of two years, in addition to whatever Righter receives for mail fraud.
Righter also faces federal charges in the Central District of California, where he allegedly sold forgeries of works by Jean-Michel Basquiat, Keith Haring, Roy Lichtenstein, and Andy Warhol.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI’s Art Crime Team. Assistant United States Attorney Christopher Browne is prosecuting this case.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Leader of Massive Lee County Drug Ring Sentenced to Life in PrisonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Tony Wilson, Jr. (31, LeHigh Acres) to life in federal prison for conspiring to distribute cocaine base (crack cocaine), heroin, and fentanyl; distribution of fentanyl; and possessing multiple firearms as a convicted felon. The court also sentenced Wilson to a five-year mandatory, consecutive term of imprisonment for possessing a firearm in relation to a drug trafficking offense. Wilson was also ordered to forfeit a gold chain and pendant valued at over $80,000 and tens of thousands of dollars in cash, which were traced to proceeds of the offense.
According to court documents and evidence, Wilson (a/k/a “Big Homie” and “Caine”) was the head of a large drug distribution ring operating from 2013 until 2018 in the Suncoast Estates neighborhood of North Fort Myers, Florida. The organization occupied several houses and trailer homes in Suncoast Estates, inside which dealers worked side-by-side to distribute controlled substances to customers. The organization also used other homes (so-called “safe houses”) in Suncoast to store bulk drugs and proceeds, and to manufacture crack cocaine for distribution.
During its investigation of the ring, law enforcement conducted dozens of undercover drug purchases from Wilson’s dealers in Suncoast. They also executed multiple search warrants resulting in the seizure of tens of thousands of dollars, multiple firearms, and large quantities of cocaine base, heroin, and fentanyl. Evidence collected demonstrated that the organization often generated more than $10,000 per day in sales.
To date, the United States Attorney’s Office for the Middle District of Florida has secured the convictions of 18 members of the conspiracy. Wilson, its leader, is the 16th to be sentenced. The following is a list of defendants who have been charged in the United States District Court for the Middle District of Florida, Fort Myers Division, including the status of their prosecution:
Defendant
Charge(s)
Case Status
Tony Wilson, Jr. (31, Lehigh Acres)
Conspiracy to distribute controlled substances, distribution of controlled substances, and firearms offenses
Sentenced to life in prison, plus five years
Elizabeth Kuc (47, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 30 years in federal prison
William Thomas (26, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 24+ years in federal prison
Eileen Smith (22, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 13 years in federal prison
Tyrome Wright (46, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 12+ years in federal prison
Darniel Williams (24, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 11+ years in federal prison
Michael Perez (38, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 11+ years in federal prison
Patrick Graham (25, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 5+ years in federal prison
Danielle Hallmon (32, Bokeelia)
Conspiracy to distribute controlled substances
Sentenced to 10+ years in federal prison
Malik Timbers (26, St. Petersburg)
Conspiracy to distribute controlled substances
Sentenced to 10+ years in federal prison
Kenneth Tippins (48, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 9+ years in federal prison
James Estrella (50, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 8+ years in federal prison
Christopher Connor (30, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 7+ years in federal prison
Dorothy Rochford (27, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 6 years in federal prison
Michelle Gladys (49, North Fort Myers)
Distribution of a controlled substance
Sentenced to 33 months in federal prison
Samantha Badger (23, North Fort Myers)
Distribution of a controlled substance
Sentenced to 15 months in federal prison
Jeffrey Beard, II (29, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances
Pleaded guilty, faces up to 40 years in federal prison
Monique Moore (47, North Fort Myers)
Conspiracy to distribute controlled substances
Pleaded guilty, faces up to life in federal prison
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Michael Leeman and Trent Reichling.
Justice Department Files Lawsuit Against Philadelphia Condo Association for Discrimination Against Persons with DisabilitiesRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that a Philadelphia condo association has violated the Fair Housing Act by discriminating against persons with disabilities who need assistance animals, including emotional support and service animals.
The lawsuit arose from a complaint filed by a condo owner with the U.S. Department of Housing and Urban Development (HUD). The suit, filed in the U.S. District Court for the Eastern District of Pennsylvania, alleges that the Dorchester Owners Association (DOA) discriminated against persons with disabilities needing service animals and emotional support animals at The Dorchester on Rittenhouse Square by denying their requests for reasonable accommodations to its “no pets” policy. The complaint further alleges that the DOA, located at 226 West Rittenhouse Square, Philadelphia, PA, 19103, has engaged in a pattern or practice of discrimination since 2009 by maintaining policies that, among other things, exclude all assistance animals—including service animals—from the Dorchester’s common areas, impose a blanket ban on visitors’ assistance animals that have not been first qualified by the DOA from coming onto the Dorchester property, and require that residents granted reasonable accommodations for assistance animals obtain a $1 million insurance policy naming the DOA as an additional insured.
“People with disabilities who need assistance animals to live their lives should not have to surmount unreasonable hurdles to keep those animals in their homes,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Discriminating against people with disabilities is unacceptable and illegal, and the Justice Department will continue vigorously to enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for its victims.”
Today’s lawsuit seeks monetary damages to compensate victims, civil penalties, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct, which must be proven in federal court.
Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777, or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
Jury Convicts Repeat Offender of Distributing, Attempting to Receive, and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Yesterday evening a jury rejected a defense of insanity and convicted Benjamin Jakes-Johnson, age 42, of New York City and Syracuse, New York, of distributing, attempting to receive, and possessing child pornography, after a five-day jury trial. The verdict was announced by United States Attorney Grant C. Jaquith, Susan Ferensic, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.
The evidence at trial demonstrated that the defendant, who was convicted of possessing child pornography in 2008, used an online peer-to-peer file-sharing program to distribute and attempt to receive child pornography in December 2016. In March 2017, execution of a search warrant at a Syracuse apartment where the defendant regularly stayed established that he possessed child pornography on a thumb drive recovered there. The defendant traded child pornography from hotels, hoping that by using the hotels’ Wi-Fi connections he could conceal his online activity. He also possessed child pornography at the Syracuse apartment leased by his family’s business because he believed that federal Probation Officers would not search that location because he reported to them that he was staying at his parents’ home or other locations.
During trial, Jakes-Johnson claimed that, although he was not insane at the time he first possessed child pornography in 2008, he was insane at the time he committed the offenses in 2016 and 2017 because of post-traumatic stress disorder (PTSD). Jakes-Johnson suggested he had PTSD from abuse he suffered as a child that was exacerbated by abuse he claimed to have experienced while serving a sentence in federal prison from his first child pornography conviction. In addition to both defense and government expert witnesses who testified about the defendant’s mental state, the jury heard a recorded interview between Jakes-Johnson and law enforcement officers on the day of his arrest. During the interview, he advised that he understood what he was facing and knew what was going on. During that same interview, Jakes-Johnson admitted the offense conduct and displayed an understanding of the potential penalties he could face as a repeat offender.
Jakes-Johnson is scheduled to be sentenced on July 15, 2020 in Binghamton, New York by Senior United States District Judge Thomas J. McAvoy. At sentencing, he faces a mandatory minimum term of 15 years and a maximum term of imprisonment of 40 years for his distribution and attempt to receive child pornography. He faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of 20 years for his possession of child pornography. A defendant’s sentence is imposed by a judge based on the particular statute(s) the defendant violated, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Geoffrey J.L. Brown and Michael D. Gadarian.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Indictment: Arizona Veteran Committed Fraud to Obtain Government ContractsRead the Press Release
KANSAS CITY, KAN. – A Marine veteran was indicted Wednesday on charges she committed fraud to obtain government contracts for a business in Overland Park that sold commercial flooring and furniture, U.S. Attorney Stephen McAllister said.
Valerie Gonzalez, 51, Tucson, Ariz., is charged with seven counts of wire fraud and one count of making a false statement on a Veterans Administration vendor verification form. The indictment alleges Gonzalez falsely claimed to own more than 99 percent of The Primus Group, 6980 W.153rd, Suite B, Overland Park, Kan.
The indictment cites payments by the government totaling more than $2 million.
If convicted, she could face up 20 years in federal prison and a fine up to $250,000 on each fraud count, and up to five years and a fine up to $250,000 on the false statement count. The Veterans Affairs, Office of Inspector General (VA-OIG), the Government Services Administration – Office of Inspector General and the Department of Labor – Office of Inspector General investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
OTHER INDICTMENTS
Selvin De Jesus Morataya-Sagastume, 38, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. The indictment alleges the defendant was deported five times previously, in 2004, 2005, twice in 2006 and once in 2018.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigrations and Customs Enforcement investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Jaime Chico-Holguin, 47, who is not a citizen of the United States, is charged with illegally re-entering the United States after being deported. He was deported in May 2004. He was found Feb. 3, 2020, in Seward County, Kan.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Jose Romas, 29, who is not a citizen of the United States, is charged with illegally re-entering the United States after being deported. He was deported in April 2010. He was found Feb. 19, 2020, in Dodge City, Kan.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Anna Lakin, 34, Neodesha, Kan., and Donald Hamill, 31, Kansas City, Kan., are charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Sept. 27, 2019, in Miami County, Kan.
If convicted, they could face not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle McFarlane is prosecuting.
Robert Hicks, 40, Leavenworth, Kan., is charged with one count of escaping from federal custody at Grossman Community Corrections Center in Leavenworth. The crime is alleged to have occurred Nov. 20, 2019.
If convicted, he could face up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Honduran National Charged with Misuse of a Social Security NumberRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JERONIMO MURILLO-TORRES, age 46, a citizen of Honduras, was charged on March 10, 2020 in a one-count bill of information with misuse of a social security number in violation of 42 U.S.C. ' 408(a)(7)(B).
According to the bill of information, MURILLO-TORRES attempted to obtain a Louisiana State Driver’s License using a valid social security number assigned to another person.
If convicted, MURILLO-TORRES faces a maximum term of imprisonment of five years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Social Security Administration, Office of Inspector General, in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Hampton, Virginia, Return Preparer Indicted for Tax FraudRead the Press Release
A Hampton, Virginia, tax preparer was arrested yesterday on a federal grand jury indictment charging him with aiding and assisting in the preparation of false tax returns, theft of government funds, and failing to file tax returns, announced Principal Deputy Assistant Attorney General Richard Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia. The March 9, 2020, indictment was unsealed following the arrest.
According to the indictment, from 2013 through 2019, Carl L. Burden prepared tax returns for clients in Hampton and the surrounding counties. Burden allegedly falsified those returns by fraudulently claiming dependents, residential energy credits, deductions, and child and dependent care expenses, in order to inflate the refunds sought from the Internal Revenue Service (IRS). Burden also allegedly directed a portion of a fraudulently obtained refund to be directly deposited to his bank account. The indictment also alleges that during this period, Burden did not file his own tax returns.
If convicted, Burden faces a statutory maximum sentence of ten years in prison for theft of public money, three years in prison for each count of aiding and assisting in the preparation of a false return, and one year in prison for each count of failing to file a tax return. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Richard Zuckerman and U.S. Attorney Terwilliger commended special agents of IRS-Criminal Investigation and the Office of Inspector General, U.S. Department of Housing and Urban Development, who investigated the case, and Trial Attorneys Grace Albinson and Francesca Bartolomey of the Tax Division, and Assistant U.S. Attorney Brian Samuels, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Guilty Verdict in Heroin Trafficking CaseRead the Press Release
KANSAS CITY, KAN. – A jury convicted a Kansas City, Kan., man Wednesday on federal charges of heroin trafficking, U.S. Attorney Stephen McAllister said.
During trial, jurors saw video from hidden cameras in the drug house where the defendant and others distributed heroin.
George Bush Jr., 29, Kansas City, Kan., was convicted on the following charges:
Count one: Conspiracy to possess with intent to distribute heroin.
Count two: Distributing heroin.
Count three: Conspiracy to maintain a residence in furtherance of drug trafficking.
Count four: Possession with intent to distribute heroin.
Count five: Possession with intent to distribute heroin.
Count seven: Possession with intent to distribute heroin.
Count eight: Possession with intent to distribute.
During trial, prosecutors presented evidence that Bush and co-defendants dealt heroin out of a house at 823 Parallel Avenue in Kansas City, Kan.
Five co-defendants pleaded guilty in the case: Albert Brown, 31, Kansas City, Kan. ; Isaiah Lewis, 23, Kansas City, Kan. ; Maurice Bluett, 26, Kansas City, Mo. ; Markelo Paden, 25, Olathe, Kan. ; and Benjamin Mims, 32, Lawrence, Kan.
Bush is scheduled for sentencing June 18. The counts carry the following potential penalties:
Count one: Not less than five years, not more than 40 years, and a fine up to $5 million.
Counts two, four, five, seven and eight: Up to 20 years and a fine up to $1 million.
Count three: Up to 20 years and a fine up to $500,000.McAllister commended the FBI and Assistant U.S. Attorney David Zabel for their work on the case.
Gettysburg Man Indicted on Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Gettysburg, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Jamie Holzwarth, a/k/a Dream, age 38, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 26, 2020, in Eagle Butte, South Dakota, Holzwarth, knowing that he had been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess a firearm.
The charge is merely an accusation and Holzwarth is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Holzwarth was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Former Prisoner Transport Officer Convicted of Sexual Assault of Two Woman in His Custody and Possessing a Firearm in Furtherance of His Sexual AssaultRead the Press Release
A federal jury in Little Rock, Arkansas, found Eric Scott Kindley, 52, a private prisoner transport officer, guilty of sexually assaulting two different women in his custody during two different transports in 2014 and 2017, and for knowingly possessing a firearm in furtherance of the 2017 sexual assault.
“The defendant was a prison transport officer who abused his law enforcement authority by sexually assaulting prisoners entrusted to his custody. That is a federal crime, and the Department of Justice will vigorously investigate and prosecute law enforcement officers who unlawfully use their position to abuse those in their custody,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Today’s conviction was made possible by the brave women who testified about their abuse, and the tireless work of federal investigators and prosecutors over the last three years.”
"Kindley took advantage of his authority to exploit the very people he was entrusted with transporting across the country,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “We commend the many victims, across the nation, who came forward to report this despicable crime. This conviction should serve as notice that anyone who uses their authority to exploit individuals in their custody, will be held accountable and the FBI will continue to aggressively pursue these types of cases. We would like to thank the FBI agents across the country whose tireless efforts helped bring Kindley to justice and the Department of Justice for their tremendous work on this case.”
Evidence at trial showed that Kindley operated a private prisoner transport company that contracted with local jails throughout the country to transport individuals who were arrested on out-of-state warrants. Kindley transported individuals alone, without any oversight, in his unmarked white minivan, often for hundreds of miles. The jury heard from six women whom he transported between 2013 and 2017, all of whom described Kindley’s pattern of conduct. Kindley transported them alone over long distances, handcuffed and shackled in the backseat of the van. Kindley forced them to listen to sexually explicit comments that escalated in intensity and depravity. Some women dealt with the comments by trying to make a joke of it; others attempted to talk back and end the comments, while others sat silently. In each instance, Kindley drove to desolate locations, putting the women in fear of being sexually assaulted, severely hurt, or worse.
One of those women testified at trial that when Kindley transported her Alabama to Arizona in 2017, he stopped his van in a deserted area near Little Rock and sexually assaulted her while she was handcuffed, reminding her, as he did with other victims that she was “an inmate in transport” and that no one would believe her if she reported her. A second woman testified that when Kindley transported her in 2014, he stopped his van in a deserted area, also in Arkansas, and forced her to perform a sex act on him. A third woman testified that during her transport by Kindley in 2013 from Florida to Texas, he pulled his van over on the side of a dark road and sexually assaulted her. A fourth woman also testified that during her 2012 transport by from Nevada to California, Kindley stopped his van in a deserted park. He forced her to perform a sex act on him in a park bathroom. A fifth woman testified that during her 2013 transport from California to Montana, Kindley attempted to sexually assault her after he pulled over on the side of the road during a snowstorm. The jury heard testimony that none of the women who testified knew one another.
Kindley is also under indictment in the Central District of California for committing similar offenses related to his sexual assault of two other women in his custody in 2012 and 2017, and for brandishing a firearm during one of the sexual assaults. One of those women testified at this trial.
Kindley faces a maximum of life in prison. A sentencing date has not yet been set.
This case is being investigated by the Phoenix Division of the FBI with assistance from FBI field offices throughout the United States. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice, with assistance from the United States Attorney’s Offices for the Eastern District of Arkansas and the District of Arizona.
Former Operator of Veterans Affairs Outpatient Clinics Agrees to Pay $1.85 Million to Resolve False Claims Act Allegations Concerning Veterans’ Wait TimesRead the Press Release
The Justice Department announced today that Sterling Medical Associates Inc. (Sterling) will pay $1.85 million to resolve allegations under the False Claims Act that it failed to schedule veterans’ medical appointments timely at two outpatient clinics in Minnesota, resulting in the submission of false claims to the Department of Veterans Affairs (VA). Sterling is a Cincinnati-based company that provides various services in the healthcare industry, including staffing, departmental operation, and outpatient clinic operation.
“We expect companies doing business with the government to comply with their contractual obligations, particularly when they relate to the health of our veterans,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department is committed to ensuring that our veterans receive the timely medical care that they need and deserve.”
VA maintains community-based outpatient clinics across the country, including clinics in Minnesota. VA awarded Sterling a contract to operate its clinics in Hibbing and Ely, Minnesota, in March 2013. The contract incorporated VA requirements that routine appointments be scheduled within 14 calendar days of the veteran’s requested appointment date. Today’s settlement resolves allegations that, between July 2013 and April 2014, Sterling did not schedule patient appointments at the Hibbing clinic in compliance with these requirements and changed veterans’ requested appointment dates to make appointment wait times appear shorter.
“Today’s settlement exhibits the importance we place on the health and welfare of our veterans,” said U.S. Attorney Erica H. MacDonald for the District of Minnesota. “The women and men who have bravely served our country deserve to receive timely care without exception.”
“We are pleased with the settlement and the willingness of the company to recognize the importance of timely scheduling medical appointments when veterans seek the healthcare treatment they earned,” said Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General.
This matter was investigated by the U.S. Attorney’s Office for the District of Minnesota, the Civil Division’s Commercial Litigation Branch, and the Office of Inspector General of the Department of Veterans Affairs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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.
Former Operator of Minnesota VA Outpatient Clinics Agrees to Pay $1.85 Million to Resolve False Claims Act Allegations Concerning Veterans’ Wait TimesRead the Press Release
WASHINGTON – The Justice Department announced today that Sterling Medical Associates Inc. (Sterling) will pay $1.85 million to resolve allegations under the False Claims Act that it failed to schedule veterans’ medical appointments timely at two outpatient clinics in Minnesota, resulting in the submission of false claims to the Department of Veterans Affairs (VA). Sterling is a Cincinnati-based company that provides various services in the healthcare industry, including staffing, departmental operation, and outpatient clinic operation.
“We expect companies doing business with the government to comply with their contractual obligations, particularly when they relate to the health of our veterans,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department is committed to ensuring that our veterans receive the timely medical care that they need and deserve.”
VA maintains community-based outpatient clinics across the country, including clinics in Minnesota. VA awarded Sterling a contract to operate its clinics in Hibbing and Ely, Minnesota, in March 2013. The contract incorporated VA requirements that routine appointments be scheduled within 14 calendar days of the veteran’s requested appointment date. Today’s settlement resolves allegations that, between July 2013 and April 2014, Sterling did not schedule patient appointments at the Hibbing clinic in compliance with these requirements and changed veterans’ requested appointment dates to make appointment wait times appear shorter.
“Today’s settlement exhibits the importance we place on the health and welfare of our veterans,” said United States Attorney Erica H. MacDonald. “The women and men who have bravely served our country deserve to receive timely care without exception.”
“We are pleased with the settlement and the willingness of the company to recognize the importance of timely scheduling medical appointments when veterans seek the healthcare treatment they earned,” said Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General.
This matter was investigated by the U.S. Attorney’s Office for the District of Minnesota, the Civil Division’s Commercial Litigation Branch, and the Office of Inspector General of the Department of Veterans Affairs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Eastern Shore Repeat Offender Sentenced to 13 Years in Federal Prison for Cocaine Distribution and Firearms ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Takii Nikeya Smith, age 44, of Cambridge, Maryland, to 13 years in federal prison, followed by four years of supervised release, on the federal charges of conspiracy to distribute five kilograms or more of cocaine, possession with intent to distribute cocaine, and to being a felon in possession of a firearm.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and the members of the Dorchester and Wicomico County Narcotics Task Forces, including: Colonel Woodrow W. Jones III, Acting Superintendent of the Maryland State Police; Dorchester County Sheriff James W. Phillips, Jr.; Chief Mark Lewis of the Cambridge Police Department; Chief Bruce Jones of the Hurlock Police Department; Wicomico County Sheriff Mike Lewis; Chief Barbara Duncan of the Salisbury Police Department; Chief Brian Swafford of Fruitland Police Department; Dorchester County State’s Attorney William Jones; and Wicomico County State’s Attorney Jamie Dykes.
According to Smith’s guilty plea, in early 2018, an investigation was conducted into the distribution of large quantities of cocaine on the Eastern Shore of Maryland, involving hundreds of hours of physical and electronic surveillance, and numerous controlled purchases of narcotics.
Information gathered through surveillance and the execution of search warrants—one of which turned up more than a kilogram of cocaine packaged for distribution—suggested that Smith was a large-scale cocaine supplier in the area. After several weeks of surveillance, Smith was stopped by the Maryland State Police and members of the Wicomico County Narcotics Task Force as he returned to Maryland from Delaware. Smith fled the traffic stop after being advised that a police K-9 would be conducting an open-air scan of his vehicle, which led to a vehicle pursuit. Law enforcement ultimately apprehended Smith when his vehicle got stuck in mud while driving over farmland. Later, after receiving citizen complaints about packages found along roadways traversed during the pursuit, law enforcement recovered two kilogram packages of cocaine. According to the guilty plea, Smith admitted that the drugs belonged to him and that he had discarded them during his flight from law enforcement.
Law enforcement subsequently executed search warrants at one of Smith’s properties in Mardela Springs, Maryland and at a trailer that Smith had stored at an auto body shop. Law enforcement recovered more than 600 grams of cocaine, a digital scale, cutting agents, and other drug distribution paraphernalia, as well as several rounds of .40-caliber ammunition from in and near the house. From the trailer, law enforcement recovered three firearms—a 9mm pistol, a .40-caliber pistol, and an AR-15 rifle—as well as $347,000 in cash in a vacuum-sealed bag. Smith knew that he was prohibited from possessing a firearm or ammunition as the result of a previous felony conviction.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended HSI, and participating agencies in the Dorchester and Wicomico County Narcotics Task Forces, who are both part of the High Intensity Drug Trafficking Area (HIDTA) Initiative, for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Christopher M. Rigali and Christopher J. Romano, who prosecuted this Organized Crime Drug Enforcement Task Force case.
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Eastern District of Tennessee Investigation Leads to the Seizure of More Than One Ton of MethamphetamineRead the Press Release
KNOXVILLE, Tennessee — Jose Cruz Landeroz-Tovar, Mariono Gonzales, Luis Albert Cruz, Aldolfo Dominguez, Luis Fernando Pena-Fierro, and Maria Magana, all of Mexico, were arrested on March 10, 2020, in the Northern District of Georgia by agents of Homeland Security Investigations on charges involving the conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine.
All six of the defendants had their initial appearance on March 10, 2020, in the United States District Court in Knoxville, Tennessee, before the Honorable Debra C. Poplin, United States Magistrate Judge.
The details of the charge, the conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine, are outlined in the criminal complaint and supporting affidavit, which are attached to this press release and are filed as public records in the United States District Court for the Eastern District of Tennessee at Knoxville. If convicted each defendant faces a mandatory term of imprisonment of 10 years with a maximum term of imprisonment of life, at least 5 years on supervised release, and a fine of up to $10,000,000.
In summary, the affidavit alleges that a drug trafficking organization coordinated the distribution of kilogram quantities of methamphetamine from the Northern District of Georgia into the Eastern District of Tennessee and other areas. During the investigation, using a variety of investigative techniques, law enforcement identified a stash location in the Northern District of Georgia. On March 9, 2020, a federal search warrant was executed at that location and approximately 864 kilograms of methamphetamine were seized. A search warrant at a separate location yielded an additional 52 kilograms of methamphetamine. In total, the seized methamphetamine has a street level value in excess of $13,000,000.
The ongoing investigation leading to this seizure and arrests was the product of a partnership between Homeland Security Investigations, Knoxville; Tennessee Bureau of Investigation; Internal Revenue Service, Knoxville; Homeland Security Investigations, Atlanta; Drug Enforcement Administration, Atlanta, Georgia Bureau of Investigation, Georgia Department of Corrections, Gwinnett Metro Task Force, Gwinnett County, Georgia, the Georgia Highway Patrol, the Federal Bureau of Investigation, Atlanta, Drug Enforcement Administration, Knoxville, and the 9th Judicial Drug Task Force, Tennessee. The United States Attorney’s Office for the Northern District of Georgia was a critical partner in this investigation. Assistant U.S. Attorney Kevin Quencer, with the Eastern District of Tennessee, will represent the United States.
Members of the public are reminded that these are only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. 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.
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East Hartford Man Sentenced to More Than 8 Years in Federal Prison for Gun Trafficking, Drug DealingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LAWRENCE CHRISTIE, also known as “L,” 28, of East Hartford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 100 months of imprisonment, followed by four years of supervised release, for his role in a gun trafficking ring and for distributing crack cocaine.
This matter stems from an investigation headed by the ATF and East Hartford Police Department into drug trafficking and related acts of violence by a group of individuals operating out of the Mayberry Village housing complex in East Hartford.
According to court documents and statements made in court, sometime in or before 2014, Daniel Vazquez, of East Hartford, and others were robbed at gunpoint while they were attempting to purchase marijuana that they intended to redistribute. On July 6, 2016, Vazquez saw the person who had robbed him driving a car at the intersection of Tolland Street and Moore Avenue in East Hartford and shot at him. Vazquez was arrested on that date, and a search of his residence revealed a Ruger LC93 9mm handgun, which he had used in the shooting, and a Taurus 9mm handgun. The two firearms were traced to Minot, North Dakota.
The investigation revealed that Christie was trafficking cocaine, crack and marijuana in and around Hartford. Shortly after his associate, Courtney Johnson, moved from East Hartford to North Dakota at the end of 2015, Christie began trafficking cocaine to North Dakota. On June 26, 2016, Christie and several associates forcibly stole a firearm from an individual in Minot. After the theft, Christie contacted Vazquez and asked him to drive from Connecticut to North Dakota to assist him in purchasing firearms. Vazquez and Justin Gay, also from East Hartford, then drove to North Dakota and stayed with Johnson. In Minot, Christie, Vazquez, Johnson, Gay and others, sometimes using counterfeit currency, purchased firearms from sellers who had advertised the guns for sale on a website. Christie, Vazquez and Gay then transported five firearms from North Dakota to Connecticut. Two of these five guns were found in Vazquez’s residence on July 6, 2016.
To date, the investigation has revealed that at least nine firearms that were obtained in North Dakota were transported to Connecticut. Some of the guns have been used in shootings in the Hartford area.
Between September and November 2017, investigators conducted controlled purchases of distribution quantities of crack from Christie.
Christie has been detained since his arrest on November 7, 2017. On October 31, 2018, he pleaded guilty to one count of conspiracy to possess with intent to distribute 28 grams or more of cocaine base (“crack”) and one count of conspiracy to unlawfully transport firearms in interstate commerce.
On March 5, 2019, Vazquez was sentenced to 84 months of imprisonment. Courtney Johnson, Justin Gay, Andre Johnson and Eyisiel Ortega have pleaded guilty to firearm and drug offenses related to this scheme and await sentencing.
This investigation is being conducted by the ATF and East Hartford Police Department, with the assistance of the Connecticut Department of Correction and the Minot (N.D.) Police Department. The case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
Eagle Butte Woman Indicted on Larceny and Bank Fraud ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Larceny and Bank Fraud.
Yesica Rose Lara, age 34, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 29, 2018 and September 11, 2018, Lara did unlawfully forge checks from closed accounts and attempted to cash them at multiple locations in Eagle Butte. The Indictment further alleges that Lara attempted to execute a scheme and artifice to obtain moneys, funds, credits, asset, securities, or other property owned by financial institutions.
The charges are merely accusations and Lara is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Lara was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Lucian Rising Sun, a/k/a Sonny Rising Sun, age 28, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 29, 2020, Rising Sun unlawfully assaulted an individual and the assault resulted in serious bodily injury to the victim.
The charge is merely an accusation and Rising Sun is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Rising Sun remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dutch National Charged in Takedown of Obscene Website Selling over 2,000 "Real Rape" and Child Pornography Videos, Funded by CryptocurrencyRead the Press Release
WASHINGTON –Dutch National Michael R. M. a/k/a Mr. Dark, 32, was indicted by a federal grand jury in the District of Columbia for his operation of Dark Scandals, a site on both the Darknet and Clearnet that featured violent rape videos and depictions of child pornography. The nine-count indictment was unsealed today along with a parallel civil forfeiture action. The defendant was charged with various counts of Distribution of Child Pornography, Production and Transportation of Obscene Matters for Sale or Distribution, Engaging in the Business of Selling or Transferring Obscene Matter, and Laundering of Monetary Instruments.
“Darknet sites that profit from rape and the sexual exploitation of children are among the most vile and reprehensible forms of criminal behavior,” said U.S. Attorney Timothy J. Shea. “This Office will not allow predators to use lawless online spaces as a shield. We are firmly committed to working closely with our partners in the Netherlands and around the world to bring to justice the perpetrators of these abhorrent crimes.”
“The types of crimes described in this indictment are the most disgusting I’ve encountered in 30 years of law enforcement. It is a special kind of evil to prey on and profit from the pain of others,” said Don Fort, Chief, IRS Criminal Investigation. “Criminals should know if you leave a digital footprint, we will find you. If you exploit our children, we will put you behind bars. If you thought you were anonymous, think again. The dark web is not quite as dark today due to the hard work of IRS-CI and our partner agencies.”
“The obscene material distributed by the defendant victimizes innocent and vulnerable people in our communities,” said Alysa Erichs, acting executive associate director of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. “We will continue to work with our law enforcement partners to investigate and prosecute these crimes, using all available resources to ensure that additional vulnerable victims aren’t exploited.”
The pleadings allege that the defendant, who resides in the Netherlands, operated the Dark Scandals sites that hosted and distributed videos and images featuring nonconsensual and violent sexual abuse. Dark Scandals began operating in or about 2012. Dark Scandals boasted over 2,000 videos and images and advertised that it offered “real blackmail, rape and forced videos of girls all around the world.” Dark Scandals offered users two ways to access this illicit and obscene content, which was delivered in “packs” by the defendant via email to customers to download. Users could either pay for the video packs using cryptocurrency, such as Bitcoin, or upload new videos to add to the content of the Dark Scandals sites. The Dark Scandals sites included specific rules for the video uploads to the sites, which included “real rape/forced” content, and stated a preference for “own made material.” The site specifically forbade “fake, amateur…or acted movies,” rejecting content if it did not portray real sexual violence. The defendant allegedly received almost 2 million dollars from selling this obscene and illicit content.
A forfeiture complaint was also unsealed today. The complaint alleges that law enforcement was able to trace payments of bitcoin and ethereum to the Dark Scandals site by following the flow of funds on the blockchain. The 303 virtual currency accounts identified in the complaint were allegedly used by customers across the world to fund the website and promote the exploitation of children and other vulnerable victims. The forfeiture complaint seeks to recover these funds and return the illicit funds to victims of the crime through the restoration process. The forfeiture complaint also seeks to forfeit the previously seized website domains associated with DarkScandals.
The charges in the pleadings are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was jointly investigated by the Internal Revenue Service-Criminal Investigations (Washington, D.C.) and Homeland Security Investigations (Colorado Springs and The Hague). The Dutch National Police of the Netherlands, Europol, and the German Federal Criminal Police (the Bundeskriminalamt) provided assistance and coordinated with their parallel investigations.
The case is being handled by Assistant U.S. Attorneys Lindsay Suttenberg and Zia M. Faruqui, Special Assistant U.S. Attorney Dan Olinghouse, Supervisory Paralegal Specialist Elizabeth Swienc and Paralegal Specialist Brian Rickers, and Legal Assistant Jessica McCormick of the U.S. Attorney’s Office for the District of Columbia. Additional assistance has been provided by Assistant U.S. Attorney David Goodhand, former Assistant U.S. Attorney Youli Lee, and the Criminal Division’s Office of International Affairs.
Dominican National Sentenced for False Identity CrimeRead the Press Release
Boston – A Dominican national, formerly residing in Lawrence, was sentenced to 12 months in prison in federal court in Boston today for his conviction for false representation of a Social Security number.
Santo Pascual Soto Diaz, 39, pleaded guilty in December to false representation of a Social Security number before U.S. District Court Judge Richard G. Stearns. Soto Diaz was sentenced to 12 months in prison to be followed by one year of supervised release. He is also subject to deportation proceedings upon completion of his sentence.
On April 12, 2016, Soto Diaz falsely represented that a Social Security number was his in an application for an identification card at the Massachusetts Registry of Motor Vehicles. In connection with the application, Soto Diaz provided various documents, including a Social Security card, in order to obtain the Massachusetts identification.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Major Crimes Unit prosecuted the case.
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Dominican National Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Dominican national was pleaded guilty today in federal court in Boston to distributing fentanyl.
Rosario Lara, 37, a Dominican national formerly residing in Lawrence, pleaded guilty today before U.S. District Court Judge William G. Young who scheduled sentencing for July 9, 2020. Lara admitted to distributing cocaine and more than 400 grams of fentanyl.
Lara sold more than a half-kilogram of fentanyl to a confidential informant in Lawrence on Feb. 21, 2019.
Lara faces up to 10 years in prison, to be followed by up to five years of supervised release and a fine of $10 million. Lara will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Middlesex District Attorney’s Office, Massachusetts State Police and Lawrence Police Department. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, prosecuted the case.
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Customs and Border Protection Officer Arrested for Child ExploitationRead the Press Release
Fort Lauderdale, Florida -- Today, the federal government charged Fabio Lopez, 61, of Weston, Florida, with enticing a 16-year-old girl into engaging in sexual activity and with attempting to produce child pornography by trying to convince the underage girl to pose for sexually suggestive pictures.
According to the allegations of the criminal complaint affidavit, Lopez met the 16-year-old through her mother. While on duty as a Customs and Border Protection (CBP) officer at Miami International Airport, Lopez allegedly stopped the mother as she was about to board an international flight. Lopez requested the mother’s cell phone number, which she gave him. They developed a friendship. Lopez visited the mother at home, where he met the 16-year-old daughter. Over about eight months, Lopez developed a relationship with the child, texting her often. It allegedly progressed to Lopez fondling the child and offering to pay her money to let him take pornographic pictures of her. The child told her mother about Lopez’s conduct. The mother contacted law enforcement, who later arrested Lopez.
Lopez had his initial appearance today at 11:00 a.m. before U.S. Magistrate Judge Jared M. Strauss in Fort Lauderdale. Lopez’s pretrial detention hearing is set for Monday, March 16 at 10:00 a.m. before Judge Strauss. His arraignment is set for March 25.
Criminal complaints and their affidavits are allegations of criminal conduct. A defendant is innocent until found guilty.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida; Anthony Salisbury, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), Miami Field Office; Jeffrey Arndt, Special Agent in Charge, CBP Office of Professional Responsibility (CBP-OPR); and Chief Kipp Shimpeno, Pembroke Pines Police Department, made the announcement.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI, CBP-OPR, and Pembroke Pines Police Department. Assistant U.S. Attorney Jodi L. Anton is prosecuting this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Corona Lawyer Found with Unregistered Firearms, Silencers and Hand Grenade Sentenced to Two Years in Federal PrisonRead the Press Release
LOS ANGELES – A California lawyer and former Rialto Police officer was sentenced this afternoon to 24 months in federal prison for possessing unregistered firearms, silencers and a hand grenade inside his pickup truck during a law enforcement stop.
Sergio Lopez de Tirado, 44, of Corona, was sentenced by United States District Judge Fernando M. Olguin after he pleaded guilty in April 2019 to one count of possession of unregistered firearms and a destructive device.
On December 21, 2018, law enforcement found Lopez de Tirado asleep and apparently intoxicated in the passenger’s seat of a pickup truck that was parked with its doors wide open and blocking a driveway in Norco.
Upon searching the vehicle, law enforcement found two unregistered firearm silencers, including one that was attached to a semiautomatic rifle; an unregistered 9mm semiautomatic short-barreled rifle; and an unregistered hand grenade.
Law enforcement also found high-capacity magazines, ammunition, knives, a baton, brass knuckles, a Kevlar military-style helmet, and small bags containing marijuana and methamphetamine. That same evening, officers located enough bomb-making materials inside Lopez de Tirado’s home to construct several more homemade bombs.
Lopez de Tirado admitted in his plea agreement that he had not registered the short-barrel rifle, the silencers or the hand grenade with the National Firearms Registration and Transfer Record.
This case was investigated by the FBI’s Inland Empire Joint Terrorism Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Substantial assistance was provided by the Riverside County Sheriff’s Department, the Rialto Police Department, the Corona Police Department, and the California Highway Patrol.
This case was prosecuted by Assistant United States Attorney Reema M. El-Amamy of the Terrorism and Export Crimes Section.
Convicted Felon from Clinton Indicted for Possession with Intent to Distribute Kilogram of CocaineRead the Press Release
BOSTON - A Clinton man previously convicted in a federal court of cocaine conspiracy was indicted today for again committing cocaine offenses.
Emmanuelli Rojas-Moraza, 40, was indicted for possession with intent to distribute 500 grams or more of cocaine and use of a communications facility in connection with a narcotics offense. According to the indictment, Rojas-Moraza used the U.S. mail to facilitate his cocaine offense.
Because Rojas-Moraza has a prior drug conviction, the charge of possession with intent distribute 500 grams of cocaine provides for a sentence of 10 years to life in prison, a term of supervised release of eight years to life and a fine of $8 million. The communications facility charges provides for a sentence of up to eight years in prison, a term of supervised release of up to three years and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; and Chief Mark R. Laverdure of the Clinton Police Department and made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Pleads Guilty to Possessing Firearms and Ammunition following Standoff with US Marshals Fugitive Task ForceRead the Press Release
John Shear, age 38 of Cleveland, pled guilty to two separate federal indictments charging him with possessing ammunition and/or firearms as a felon. Shear faces a maximum of 10 years in prison on each indictment, and is scheduled to be sentenced before Judge Donald C. Nugent on June 29, 2020, at 9:30am.
According to Shear's guilty plea and other court documents:
On January 30, 2018, Shear was arrested by Ohio Adult Parole Authority (APA) officers for violating his parole conditions. While conducting the arrest, APA officers found one round of 9mm ammunition in Shear's pocket. Shear was prohibited from possessing ammunition or firearms due to multiple prior felony convictions, including involuntary manslaughter, aggravated robbery, escape, burglary, felonious assault, and drug trafficking.
Several months later, Shear became a fugitive on multiple arrest warrants, including a warrant for aggravated vehicular assault in Cuyahoga County. The United States Marshals Service Northern Ohio Violent Fugitive Task Force adopted the case and began looking for Shear. On August 15, 2018, the Marshals Task Force received information that Shear was staying at a hotel room in Willoughby, Ohio. The Marshals Task Force surrounded the hotel room and knocked on the door. At first, there was no response. But when the Marshals Task Force knocked a second time, Shear yelled, "don’t come in here because if you do I will shoot you and I have a hostage." A negotiator made contact with Shear, and after a brief standoff, he agreed to surrender. Shear and a female were the only two people inside the hotel room.
APA officers were called to the scene to help search the hotel room. During a search of the hotel room, APA officers and the Marshals Task Force found three handguns, ammunition, a holster, a digital scale, marijuana, and crack pipes.
The cases were investigated by the ATF, the United States Marshals Service Northern Ohio Violent Fugitive Task Force, and the Ohio Adult Parole Authority. The cases are being prosecuted by Assistant United States Attorneys James Lewis and Yasmine Makridis.
Colorado Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Jenna Lynn Martinez, 34, of Denver, Colorado, was sentenced today to 84 months in prison by United States District Judge Brian C. Buescher for possession with intent to distribute five grams or more of methamphetamine (actual). There is no parole in the federal system. Upon her release from prison, Martinez will serve four years of supervised release. She will also forfeit $16,747.00 in U.S. currency.
On July 16, 2019, a Nebraska State Patrol trooper conducted a traffic stop in Dawson County, Nebraska, in which Martinez and Jesus Noel Garfio, also of Denver, Colorado, were found in possession of 26 grams actual methamphetamine, 53 grams of heroin and $16,747 in U.S. currency. Garfio has entered a plea of guilty and is scheduled for sentencing in April.
This case was investigated by the Nebraska State Patrol.
Carter Lake Man Sentenced for Drug and Child Pornography ChargesRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on March 5, 2020, Gregory Herbert Markham, age 52, of Carter Lake, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger after pleading guilty to Transportation with Intent to Engage in Sexual Activity, Distribution of Marijuana and Cocaine to a Person Under the Age of Twenty-One, and Distribution of Child Pornography. Markham was sentenced to 151 months in prison for the transportation and child pornography charge and 120 months in prison for the drug charge; all sentences are to run concurrently. Markham’s term of imprisonment is to be followed by supervised release for seven years. Markham was ordered to pay $1,500 in restitution.
This investigation began in March 2019, when a Douglas County (Nebraska) Sheriff’s Department Deputy encountered a suspicious vehicle in the parking lot of the Travel Inn. The driver was subsequently arrested and the two females involved in this matter were left at the motel. One of the females contacted the Defendant Markham for a ride. Markham picked up the two females, ages seventeen and eighteen from the Omaha motel and drove them to his home. Markham had previously transported one of the females from Omaha across the state line to his home for prostitution. Markham allowed the females to stay at his home and set up prostitution dates for sex. He also provided them with cocaine and marijuana. Markham took pictures of the seventeen year old on his cell phone and distributed the child pornography to a friend.
This case was investigated by the Douglas County Sheriff’s Department, Omaha FBI Child Exploitation Task Force, Carter Lake Police Department, Council Bluffs Police Department, and Pottawattamie County Sheriff’s Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.Buffalo Man Pleads Guilty to Being A Felon in Possession of A WeaponRead 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 Demario T. Chatmon, a/k/a/ Shawn, 41, of Buffalo, pleaded guilty before U.S. District Judge William M. Skretny, to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.
Assistant U.S. Attorneys Laura A. Higgins and Joshua A. Violanti, who are handling the case, stated that on or about May 15, 2017, during a search warrant executed at the defendant’s residence, he was found to be in possession of a 9 mm caliber semi-automatic pistol and 50 rounds of ammunition. Law enforcement also recovered a plastic bag containing 70.10 grams of cocaine, and a second plastic bag containing 168.86 grams of cocaine base. Other paraphernalia including scales, calibration weights, and razor blades were found inside the apartment along with $12,000 in U.S. currency.
The defendant was a known felon, having been convicted of criminal possession of a narcotic drug in the fourth degree in June 25, 2007 and convicted of attempted criminal sale of a controlled substance on July 11, 2011.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for June 17, 2020, U.S. District Court Judge William M. Skretny.
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Brooklyn Man Convicted of Robberies and Attempted Robbery of Four Convenience Stores in QueensRead the Press Release
Following two weeks of trial, a federal jury in Brooklyn today convicted Elgin Brack of Hobbs Act robbery conspiracy and related crimes for his participation in the gunpoint robberies and attempted robbery of four convenience stores in Queens in November 2018. During the attempted robbery of a Duane Reade store, Brack shot the store’s clerk in the head and hand. When sentenced by United States District Judge Eric N. Vitaliano, Brack faces a mandatory minimum of 31 years’ imprisonment.
Brack’s uncle and co-defendant, Scott Brack, pleaded guilty to Hobbs Act robbery conspiracy in November 2019 and is awaiting sentencing.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the verdict.
“The defendant has been held responsible by the jury for his crime spree that left bloodshed and terrorized victims in its wake,” stated United States Attorney Donoghue. “Today’s verdict ensures that Elgin Brack will face substantial punishment. I commend the NYPD detectives and ATF Special Agents for quickly apprehending the defendants and preventing further mayhem.”
“Today’s verdict ensures that Elgin Brack will pay a price for the violence and terror that he perpetrated on the streets of New York,” stated ATF Special Agent-in-Charge DeVito. “The reckless violence the defendant left in his wake will be met with years in prison contemplating his crimes and harm done to his fellow citizens. The robust partnership between the ATF Special Agents and NYPD detectives of the ATF/ NYPD Joint Robbery Task Force that worked this case led to quick arrests preventing additional violence and harm to the community. I would like to thank the United States Attorney’s Office for their work in prosecuting this case.”
“Today’s conviction assures a measure of justice for the victims of these violent robberies. I commend our detectives, working with our federal partners, for vigorously investigating this case from the moment these crimes occurred,” stated NYPD Commissioner Shea.
On November 26, 2018, between approximately 3:35 a.m. and 5:45 a.m., defendant Elgin Brack attempted to rob a Duane Reade store in Woodside, and completed three robberies of a 7-Eleven store in Long Island City, a Rite Aid store in Astoria and a second Rite Aid store in Jamaica, together with Scott Brack, who served as the getaway driver.
As proven at trial, at approximately 3:30 a.m., Elgin Brack entered the Duane Reade store, pretended to make a purchase, then pointed a gun at the store clerk. When the clerk did not respond quickly, Brack shot him in the hand and the head as he resisted. Brack fled the store empty handed and, together with Scott Brack, drove to the 7-Eleven store, where he robbed the store of $300 at gunpoint from a store employee. The defendants then drove to the first Rite Aid store, where Elgin Brack approached a store clerk and asked to purchase chewing gum. When the store clerk opened the cash register, Brack pointed a gun at the clerk and demanded money. The store clerk handed Elgin Brack $802. Finally, at approximately 5:45 a.m., Elgin Brack entered the second Rite Aid store, pointed a gun at the store clerk and robbed the store of $200.
Later that day, at approximately 9:00 p.m., detectives and Special Agents from the ATF-NYPD Joint Robbery Task Force, Strategic Pattern Armed Robbery Technical Apprehension team, located the getaway vehicle in the Bronx and arrested the defendants. The law enforcement officers recovered clothing from the back seat of the car that matched the clothes Elgin Brack wore during the robberies and attempted robbery, and a backpack containing a .357 revolver that was later determined to have Elgin Brack’s DNA on it. Elgin Brack’s cell phone contained Internet searches for 24-hour stores made shortly before the defendants’ crimes occurred.
This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Phil Selden, Jonathan Siegel and Jonathan Lax are in charge of the prosecution. Assistant United States Attorney Tanisha R. Payne of the Office’s Civil Division is handling the forfeiture matters.
The Defendant Convicted Today:
ELGIN BRACK
Age: 24
Brooklyn, New YorkThe Co-Defendant Who Previously Pleaded Guilty:
SCOTT BRACK
Age: 51
Bronx, New YorkE.D.N.Y. Docket No. 18-CR-684 (ENV)
Brazilian National Sentenced for Illegally Re-entering the United StatesRead the Press Release
St. Thomas, USVI – Cairo Gaspar Ferreira, 33, was sentenced today on his conviction of illegally reentering the United States after having been previously deported, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Curtis V. Gomez sentenced Ferreira to six months incarceration, one year supervised release, and ordered him to pay $100 as a special assessment.
According to court documents, on June 7, 2019 Ferreira was a passenger on a boat traveling without navigational lights from the Sand Filled Dock in St. Thomas. Customs and Border Protection Marine Unit interdicted the vessel as it neared Savanna Island and discovered Ferreira and four other illegal aliens on board. The illegal aliens along with the boat captain were arrested and charged with immigration offenses. Ferreira was identified as a national of Brazil who was previously removed from the United States in March of 2019.
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Everard E. Potter.