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25 February 2020
Former Immigration Officer Sentenced for Impersonating ICE SupervisorRead the Press Release
WICHITA, KAN. – A former federal immigration officer was sentenced today to nine months in prison for impersonating an Immigration and Customs Enforcement supervisor, U.S. Attorney Stephen McAllister said.
Andrew J. Pleviak, 42, Topeka, Kan., pleaded guilty in December to falsely claiming to be an officer of ICE’s Enforcement and Removal Operations. He made the claim to a deputy with the Kingman County Sheriff’s Office. Pleviak also submitted a memo on ICE letterhead requesting the release of a man being held in the custody of the Kingman County Sheriff’s Office. The man in custody was Juan Tapia-Alfaro, an acquaintance of Pleviak. Pleviak was arrested when he arrived at the jail pretending to be an ICE supervisory deportation officer.
McAllister commended the Kingman County Sheriff’s Office, Homeland Security Investigations and Assistant U.S. Attorney David Lind for their work on the case.
Former Hopi Reservation Ranger Sentenced in Arizona on Sexual Assault Charges and Destruction of EvidenceRead the Press Release
Mackenzie Davis, 25, a former Ranger with the Hopi Law Enforcement Services, was sentenced Monday in federal court in Phoenix, Arizona, to 51 months in prison for sexually assaulting a female arrestee in his custody and destroying evidence to cover up his crimes.
“This sentence demonstrates that law enforcement officers who use their official authority to target and sexually assault individuals in their custody will be held accountable,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice commends the victim who came forward to report this reprehensible conduct, so that this officer’s crimes could see the light of day.”
“The steadfast courage of the victim, together with the FBI’s excellent investigative work, made the successful prosecution possible,” said Michael Bailey, U.S. Attorney for the District of Arizona. “Davis’ sentence should serve as a warning to officials who breach the public’s trust.”
“The FBI will not tolerate officials who abuse their authority and violate the very people they were sworn to protect,” said Sean Kaul, Special Agent in Charge of the FBI’s Phoenix Field Office. “We too commend the victim who came forward to report this crime. The FBI will continue to work alongside our state, local, federal, and tribal law enforcement partners to protect all of our communities and hold those who abuse their positions of power, accountable.”
A federal jury convicted Davis last October. Evidence presented at trial established that on Nov. 15, 2016, Davis arrested the victim for driving under the influence. During a nearly two-hour transport to a detention center, Davis pulled over onto the side of the road and sexually assaulted C.A. Another witness testified that he engaged in similar conduct with her five years prior, when he was not a law enforcement officer. A jury found Davis guilty of violating C.A.’s civil rights, abusive sexual contact in Indian Country, and destruction of evidence.
In addition to his prison sentence, Davis will serve 120 months on supervised release. He will also forfeit his law enforcement certification, forfeit his weapons, and be required to register as a sex offender.
The case was investigated by the Flagstaff Resident Agency of the Phoenix Division of the FBI and is being prosecuted by Assistant United States Attorney Abbie Broughton Marsh, and Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division.
Federal Jury Finds Tennessee Man Guilty of Major Cocaine Conspiracy Stretching Across Several StatesRead the Press Release
Gulfport, Miss. –Fortrell Latrae Sain, 38, of Memphis, Tennessee, was found guilty by a federal jury on Friday of conspiring to possess with intent to distribute 5 kilograms or more of cocaine, announced United States Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”) in New Orleans.
In late 2018, HSI agents began investigating a drug trafficking organization with connections to Memphis, Tennessee and Indianapolis, Indiana. Through their investigation, agents determined Sain acted as the middle man in the multi-state, cocaine conspiracy that involved co-defendants, Ray Parham and Riondal Taylor. During trial, it was revealed that Sain played an intricate role in aiding the drug trafficking organization with making connections for their supply of cocaine. Throughout the conspiracy, Sain communicated with Parham and others with the goal of securing a purchase of 25 kilograms of cocaine.
Parham and Taylor pled guilty for their roles in the conspiracy on November 8, 2019. Taylor will be sentenced on March 3, 2020, at 1:30 p.m., and Parham will be sentenced on March 4, 2020, at 1:30 p.m. Both sentencings will be before Judge Guirola.
Sain will be sentenced on May 26, 2020, at 1:30 p.m. by Judge Guirola, and faces a maximum penalty of life in prison and a $10,000,000 fine.
The case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorneys Shundral H. Cole and Kathlyn Van Buskirk.
Executive Office for Immigration Review Expands Automated Case Information ChannelsRead the Press Release
The Executive Office for Immigration Review (EOIR) today announced the addition of an Internet option for checking case information. The new automated case information application is available on EOIR’s website, and is currently available in English and Spanish. This is another tool for parties with business before the agency, and the automated case information hotline at 800-898-7180 (TDD 800-828-1120) continues to be available.
The automated case information application allows users to receive the most recent information about a case after inputting a unique alien registration number. Available information includes next scheduled hearings, decision information at the immigration court and Board of Immigration Appeals (BIA) levels, and court and BIA contact information. Immigration courts’ operating statuses are also included.
To access the new automated case information application, visit: https://icor.eoir.justice.gov/en/.
Erie Woman Pleads Guilty in Scheme that Used Homeless to Cash Stolen ChecksRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today.
Jasmine Nicole Carter, 30, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that from in and around August 2015, to in and around September 2018, Carter and a co-defendant engaged in a scheme where they stole checks from the mail and used homeless people with valid identification to cash the checks. The defendants removed the legitimate name from the checks and replaced them with the homeless persons’ name.
Judge Baxter scheduled sentencing for June 16, 2020. The law provides for a total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police, the Erie Police Department and the Millcreek Police Department conducted the investigation that led to the prosecution of Carter.
Elwood Man Convicted of Producing Child Pornography Domestically and AbroadRead the Press Release
United States Attorney Joe Kelly announced that Dylan Hedrick, age 26, of Elwood, Nebraska, was sentenced today in federal court in Lincoln for Producing Child Pornography. Chief United States District Judge John M. Gerrard sentenced Hedrick to 198 months’ imprisonment. There is no parole in the federal system. Hedrick will begin a 10-year term of supervised release upon his release from prison and will be required to register as a sex offender.
An investigation was initiated against Hedrick following reports from Facebook about chats that Hedrick was engaging in involving the transmission of child pornography. An investigation by Homeland Security Investigations and the Nebraska State Patrol revealed two international victims and one victim in the United States who Hedrick had engaged in communications with over the internet. The minors lived in Thailand, the Philippines, and California. The victims were between the ages of 12 and 16. Hedrick initiated contact with the minors through online chatrooms before they began engaging in private communications over Facebook, Skype, Kik, or Discord. Hedrick would misrepresent his age to the victims. He told one of the victims that he had romantic feelings for her and that she meant “enough to risk jail” for and that he wanted to bring her to the United States. The private communications between Hedrick and the victims turned sexual and Hedrick would request the victims to send him nude images and videos, videos of them performing sexual acts on themselves, or would engage in video chats where Hedrick and the minor victim would perform sexual acts on themselves for the gratification of the other. Hedrick paid one of the victims for these chats using online gift cards. With a different victim, Hedrick also used an application to remotely access the victim’s webcam to watch her. Hedrick would then save or screen capture these images or videos that he received from the three victims. After Hedrick was contacted by law enforcement, his phone was searched and sexually explicit images and videos of the three victims were located.
United States Attorney Joe Kelly commented that the actions of Hedrick and similar predators on the internet serve as a reminder to parents to be vigilant about the online actions of their children.
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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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.
This case was investigated by the Nebraska State Patrol and Homeland Security Investigations including the North Platte office as well as HSI offices across the United States and internationally.
Eleven People Charged in Newark Drug Trafficking Conspiracy in Stephen Crane Village, Including One Charged with MurderRead the Press Release
NEWARK, N.J. – Eleven people were charged today for their roles as members and associates of a drug trafficking organization involved in the distribution of narcotics, including heroin, fentanyl, and cocaine base (crack) in the Stephen Crane Village Housing Complex in Newark, U.S. Attorney Craig Carpenito announced.
One defendant is also charged with the murder of a conspirator in an apartment in Crane Village.
The charges and arrests resulted from an investigation led by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office and in conjunction with numerous local law enforcement partners and the U.S. Drug Enforcement Administration.
“The criminal complaint against these defendants details a brazen drug dealing operation going on right out in the open that used violence to accomplish its goals,” Carpenito said. “Thanks to the combined work of our federal, state, and local partners, we have been able to address a substantial threat to the public.”
“Tonight, residents of the Stephen Crane Village Apartments, and the Cities of Newark and Belleville, can rest a little easier,” ATF Special Agent in Charge Charlie J. Patterson said. “Through the relentless efforts of our ATF Newark personnel, along with the unmatched dedication of our partner agencies, we have collectively removed the worst of the worst from our community. These individuals worked in tandem as a hybrid gang, whose community spoilage included drug distribution, and murder. Their ruthless grip on the community has been broken thanks to law enforcement cooperation, and a common mission to remove the most dangerous offenders responsible for violent crime from the community.
“Belleville Police are committed to reducing violent crimes that directly have an impact on our residents,” Belleville Police Chief Mark Minichini said. “Today’s arrests sends a clear concise message that local, county, and state resources will work together to combat these types of crimes thereby making our community safer.”
“No one should have to live in fear in their homes or community,” Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, Susan A. Gibson said. “The defendants in this investigation were using Crane Village as their own personal drug market putting every resident at risk. This multi-agency investigation reinforces our commitment to the safety of the public.”
“Once again, collaboration brings results to a community that has been held hostage by a few people,” Newark Public Safety Director Anthony F. Ambrose said. “Our support to our federal partners for making another Newark community ridden of criminals.”
The complaint charges Gary Shahid, 60; Jose Lora, 22; Dayquan Jordan, 25; Ricky Terrell, 23; Charles Mells, 36; Raquan Rawls, 21; Nasir Williams, 23; Quadir Hatcher, 27; Tyree Purkett, 23; James Wicker, 27; and Mayse, 33 – all Newark residents – in one conspiracy spanning February 2019 to February 2020 and involving the distribution of heroin, fentanyl, and cocaine base in and around Crane Village. Jordan, Rawls, Williams, Hatcher, and Mayse, are additionally charged with distribution of cocaine base and heroin on Nov. 21, 2019. Mayse is additionally charged with murder during and in relation to a drug trafficking offense.
Seven defendants were arrested today and two – Mayse and Mells – were already in state custody. Two defendants – Rawls and Purkett – remain at large. Those arrested today are scheduled to have their initial appearances this afternoon before U.S. Magistrate Michael A. Hammer in Newark federal court.
According to the documents filed in this case and statements made in court:
Crane Village is a public housing complex near Branch Brook Park, on the border with Belleville. It consists of consists of standalone buildings, with 354 apartments in total, all of which are accessible via exterior entrances. The buildings are clustered around courtyards and pedestrian walkways with roadways bisecting the complex. Given its location and its layout, which makes it difficult for law enforcement to surveil, Crane Village is the site of an open-air drug market. Since at least February 2019, law enforcement officers have been investigating the organization that controls this drug market.
Through numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement determined that the defendants conspired to distribute narcotics, including heroin, fentanyl, and cocaine base, in and around Crane Village.
The organization used a drug stash apartment in Crane Village to package and store drugs for distribution. On Dec. 15, 2019, Mayse entered the stash apartment and allegedly murdered a conspirator over a monetary debt relating to the distribution of narcotics.
The count of conspiracy to distribute at least 28 grams of cocaine base and a quantity of heroin and fentanyl carries a minimum penalty of five years in prison, maximum penalty of 40 years in prison, and a fine of at least $5 million. The count of distribution of a quantity of heroin and cocaine base carries a maximum of 20 years in prison and a fine of $1 million. The count of murder during and in relation to a drug trafficking crime is eligible for the death penalty, or a maximum sentence of life in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents and task force officers with the ATF, Newark Division, under the direction of Special Agent in Charge Patterson; the Belleville Police Department, under the direction of Chief Minichini; special agents and task force officers of the DEA, under the direction of Special Agent in Charge Gibson in Newark; the Newark Police Department, under the direction of Director Ambrose; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; and the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura. He also thanked the U.S. Marshals Service, the Nutley Police Department, the Bloomfield Police Department, the West Orange Police Department, the Verona Police Department, the Orange Police Department and the Bergen County Sheriff’s Office for their assistance with this case.
This investigation is part of the Newark Violent Crime Initiative (VCI), where the U.S. Attorney’s Office has partnered with state, federal, county, and local law enforcement to investigate crime in Newark and the surrounding cities.
This case is also conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The government is represented by Assistant U.S. Attorney Tracey Agnew of the Organized Crime and Gangs Unit of the U.S. Attorney’s Office’s Criminal Division in Newark.
The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defense counsel: Shahid: Peter Carter Esq., Newark
Jordan: Stacy Biancamano Esq., Cranford, New Jersey
Terrell: Ernesto Cerimele Esq., Newark
Williams: John McGovern Esq., Newark
Hatcher: Kevin Buchan Esq., Roseland, New Jersey
Wicker: Julian Wilsey Esq., Livingston, New Jersey
Mayse: Richard Verde Esq., Caldwell, New Jersey
Lora: Laurie Fierro Esq., Kinnelon, New JerseyDubuque Cocaine Dealer Sentenced to Federal PrisonRead the Press Release
A Dubuque man who possessed and sold crack cocaine near a school was sentenced today to more than five years in federal prison.
John Saunders, age 44, from Dubuque, Iowa received the prison term after a September 9, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location.
In a plea agreement, Saunders admitted he possessed crack cocaine he intended to sell. Saunders was selling cocaine out of his residence which is located near Loras College in Dubuque, Iowa. A search warrant executed on his property recovered over 24 grams of crack cocaine, drug weighing and packaging materials, and a loaded handgun under the mattress.
Saunders was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Saunders was sentenced to 70 months’ imprisonment. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system.
Saunders is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Dubuque Drug Task Force, the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1027.
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Dubois Man Sentenced for Possessing of Child PornographyRead the Press Release
JOHNSTOWN, Pa. – A resident of DuBois, Pa. has been sentenced in federal court in Johnstown to ten years’ supervised release with 12 months home detention on his conviction of possession of child pornography, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Matthew Hutzell, 27.
According to information presented to the court, on October 31, 2013, Hutzell knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Pennsylvania State Police Computer Crime Task Force for the investigation that led to the successful prosecution of Hutzell.
Dominican National Sentenced for Role in Large-Scale Fentanyl Trafficking OrganizationRead the Press Release
Portland, Maine: A Dominican national residing in Massachusetts was sentenced today in federal court in Portland for conspiring to distribute and possess with intent to distribute 400 grams or more of fentanyl, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge D. Brock Hornby sentenced Enyel Mejia-Pimental, a/k/a “Gregori Velez-Sosa,” 28, to 40 months imprisonment. Mejia-Pimental pleaded guilty on March 29, 2019.
According to court records, Mejia-Pimentel was a primary drug courier for a drug trafficking organization based out of the Lawrence, Massachusetts area. The organization was responsible for distributing kilogram quantities of fentanyl to customers from Maine, New Hampshire and Massachusetts between approximately April 2016 and March 2018.
The U.S. Drug Enforcement Administration, the Sanford Police Department and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations investigated the case. The prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
District Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
WASHINGTON – Edward Banks, 47, of Washington, DC pled guilty to one count of involuntary manslaughter. The incident occurred on August 18, 2019 at the homeless shelter located at 2700 Martin Luther King Avenue, SE, U.S. Attorney Timothy Shea announced.
Banks pled guilty on February 24, 2020, in the Superior Court of the District of Columbia. The plea calls for a sentence of five years in prison for killing the decedent. He will be sentenced on March 16, 2020 by the Honorable Juliet McKenna.
The defendant entered the homeless shelter in the early morning hours of August 18, 2019. At a certain point, the defendant was walking down a hallway in the shelter when he came upon the decedent, Mr. Abraham Weldemichael, who was standing outside the bathroom door. The defendant became angry at the decedent and took an aggressive posture towards Mr. Weldemichael. The defendant then punched Mr. Weldemichael in the face once and fled the scene. Mr. Weldemichael collapsed to the ground and did not move. Mr. Weldemichael’s unconscious body was on the ground for approximately six minutes until he was eventually discovered by security staff. Medical personnel arrived at the scene and Mr. Weldemichael was transported to George Washington Hospital. Upon arrival, he was admitted in critical condition and it was determined that he was suffering from swelling and bleeding in the brain. He eventually succumbed to his injuries and was pronounced dead on August 21, 2019 at 2:32 am.
In announcing the plea, U.S. Attorney Shea commended the work of those who investigated the case from the Criminal Investigations Division Homicide Branch of the Metropolitan Police Department. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lashone Samuels; Victim Witness Specialist Jennifer Allen and Investigative Analyst Zachary McMenamin.
Finally, U.S. Attorney Shea commended the work of Assistant U.S. Attorney Shehzad Akhtar who investigated and prosecuted the matter.
District Man Found Guilty of Assault with Intent to Kill While Armed for Shooting the New Boyfriend of His Ex-GirlfriendRead the Press Release
WASHINGTON – Jerel Ruffin, 39, of Washington, D.C., has been found guilty by a jury of thirty-three charges, including assault with intent to kill while armed, assault with a dangerous weapon, obstruction of justice, and contempt, for shooting the new boyfriend of his ex-girlfriend, announced U.S. Attorney Timothy J. Shea.
The verdict was returned on February 24, 2020, following a two-week trial in the Superior Court of the District of Columbia. The Honorable Anita Josey-Herring scheduled sentencing for May 1, 2020.
According to the government’s evidence, in the early evening hours of November 26, 2018, Ruffin went to the home of his ex-girlfriend, rang the doorbell, and waited outside when she did not answer. A short time later, the victim arrived at the house to pick up the woman for a date. Before the victim and the woman could leave in the victim’s car, Ruffin drove past their car on the street, made a U-turn, and pulled up window to window with the victim’s car. He then fired six shots at the victim’s car, striking the victim in the leg. Ruffin drove off and the woman drove the victim to the hospital, where his wounds required surgery.
The government’s evidence also showed that following Ruffin’s arrest on November 27, 2018, he embarked on near-constant attempts to contact the woman and other witnesses in the case to get them to change their testimony. Many of those communications were captured on recorded jail calls and were introduced as evidence in the trial.
Ruffin, who was in custody pending trial, remains held pending the sentencing.
In announcing the verdict, U.S. Attorney Shea commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lu Lan; Paralegal Specialists Brenda Williams and Tiffany Fogle; and Criminal Investigator Nelson Rhone.
Finally, he commended the work of Assistant U.S. Attorneys Jennifer B. Loeb and Ryan Creighton, who investigated, indicted, and prosecuted the case at trial.
Defendant Sentenced to Life Imprisonment for 1997 Kidnapping, Traveling with Intent to Engage in Sexual Act with A JuvenileRead the Press Release
MUSKOGEE, OKLAHOMA – Henri Michelle Piette, who had been found guilty by a federal jury on June 6, 2019, was sentenced on February 20, 2020, to life imprisonment for Kidnapping, and 360 months for Traveling With Intent to Engage in Sexual Acts With a Juvenile. His sentenced included a $50,000 fine and restitution to the victim in the amount of $50,067.00.
During the trial, prosecutors presented evidence that the defendant had kidnapped the victim, who was 12 at the time, from Poteau, Oklahoma, in 1997 where she had been living with her mother, who had been in a relationship with the defendant. Over the course of the nearly 20 years that followed, the defendant repeatedly raped and inflicted additional physical and emotional abuse upon the victim. The victim gave birth to nine children, the first being born in 2000 when she was 15 years old. In July 2016 the victim was able to escape with her children to the United States Consular General Offices in Nogales, Mexico. The Federal Bureau of Investigation was notified and the investigation began.
The investigation revealed, and the victim testified at trial, that the defendant had moved her and their children dozens of times within the United States and Mexico. The Defendant used numerous aliases and forced the victim to use aliases, dye her hair, and wear glasses to change her appearance. He controlled the victim by extreme violence, threats of violence, and sexual abuse against her and her children.
Assistant United States Attorneys Sarah McAmis and Edward Snow represented the United States during the trial. The investigation was led by the Federal Bureau of Investigation, with assistance from the United States Department of State Diplomatic Security Service, and the District Attorney’s Office for Oklahoma’s 27th Prosecutorial District.
“Life in prison is a sentence the law reserves for the most serious offenders – offenders like Henri Michelle Piette. For 20 years he inflicted extreme physical and emotional abuse on the victim and her children. For 20 years she feared for her and her children’s lives,” said United States Attorney Brian J. Kuester. “The victim’s courage ended the defendant’s reign of terror. Unfortunately, the horrific memories may very well last a life time. It is fitting that the defendant’s sentence will also.”
“For over 20 years Henri Piette inflicted immeasurable harm upon his victims. We hope today’s sentencing provides closure to the victims and an opportunity to heal," said Melissa Godbold, Special Agent in Charge of the FBI Oklahoma City Division. "The FBI would like to thank our law enforcement partners for their dedication and efforts on this investigation.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Darwin Medina Sentenced to 135 Months for Drug Distribution and Firearms ConspiraciesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Darwin Medina (also known as “Weezy” to his former drug customers in Franklin County) was sentenced today in federal court on one count of conspiring to distribute 280 grams or more of cocaine base and one count of conspiring to possess firearms in furtherance of the drug trafficking crime. Medina—who is 35 and a resident of Boston, Massachusetts—was sentenced by U.S. District Judge Christina Reiss to a period of incarceration of 135 months, to be followed by 5 years of supervised release, for his role in the conspiracies.
The defendant pleaded guilty pursuant to a plea agreement he entered into with the United States. According to court records, Medina was responsible for the distribution of at least 2.8 kilograms of “crack” cocaine in the Franklin County area and for the trafficking of at least 30 illegally purchased firearms from Vermont to the Boston area. His offenses continued from at least September 2017 through March 2018. Medina and his codefendant, John Guerrero, used multiple drug customers in Swanton to purchase firearms for them in exchange for controlled substances. Those straw purchasers included Tyson Wells, Laci Baker, Sierra Lacoste, Megan West, and Kelly Champaine; Dara Bessette helped plan the straw purchases for Medina and Guerrero. All six of those individuals already pleaded guilty to related charges last year. Wells and Bessette are still awaiting sentencing.
As part of his plea agreement, Medina had agreed to a sentencing range of 120 to 180 months. In the absence of the plea agreement, the defendant could have been sentenced up to life imprisonment. In exchange for pleading guilty, the United States agreed to dismiss two additional criminal charges: possession of firearms in furtherance of a drug trafficking crime and interstate transportation of firearms from which the serial numbers had been removed, altered, or obliterated.
United States Attorney Christina E. Nolan stated, “This sentencing is the culmination of a lengthy investigation and prosecution involving multiple law enforcement organizations in multiple states. Darwin Medina was one of two leaders of a conspiracy to pour dangerous drugs into Franklin County. Their actions invited destruction in two communities. The citizens of Vermont suffered the consequences of the drugs they brought in, while the defendants took money and guns back to Boston to further gang activities there. The U.S. Attorney’s Office remains committed to the prosecution of crimes at the intersection of dangerous drugs and illegal firearms.”
The investigation of this case was a joint effort between agents with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and local law enforcement—particularly the St. Albans Police Department. “Trafficked firearms represent a danger to our community because they can end up in the hands of convicted felons, violent criminals, and many other kinds of people who are prohibited from having firearms,” said Kelly D. Brady, Special Agent in Charge of ATF’s Boston Field Division. “We will continue to work aggressively alongside our local, state, and federal law enforcement partners and the U.S. Attorney’s Office to fulfill the mission of ATF by targeting offenders like Darwin Medina and John Guerrero, as well as their straw purchasers, to get illegally trafficked guns off the street.”
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 enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.
This prosecution was handled by Assistant United States Attorney Matthew Lasher. Darwin Medina was represented by Mark Oettinger, Esq. of Burlington, Vermont.
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.
Crime Gun Intelligence Center investigations net separate federal firearm and drug chargesRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Donald Rudolph, 22, and Dorian Hayden, 24, both of Indianapolis, are currently in federal custody following federal charges for illegal possession of firearms and narcotics.
“It is a top priority of my office and federal law enforcement to work with state and local law enforcement to identify, investigate and eliminate those who are infecting our community with drugs, illegally possessing guns and perpetuating violence.” said Minkler. “Through the outstanding work by the officers at CGIC, that is exactly what happened in these two cases.”
According to the complaint filed against Donald Rudolph, on February 5, 2020, officers with the Indianapolis Metropolitan Police Department (IMPD) conducted a traffic stop for traffic violations on I-65 in Marion County, Ind. The driver was identified as Donald Rudolph. Rudolph had active outstanding warrants out of Marion County for drug violations and Hamilton County, Ind. for probation violation.
Officers detected a strong odor of suspected burnt marijuana coming from the vehicle. In the course of their investigation, the officers found suspected marijuana, a large amount of U.S. currency, a loaded semi-automatic handgun, and ammunition that belonged to Rudolph. IMPD officers arrested Rudolph on the outstanding warrants, possession of marijuana, and carrying a handgun without a permit.
Rudolph is in federal custody and was charged with two federal charges:
- Possession of a Firearm by Fugitive from Justice
- Possession of a Firearm by Unlawful User of Controlled Substance
According to the complaint filed against Dorian Hayden, on February 13th, 2020, investigators with the Crime Gun Information Center were conducting surveillance on a residence they were about to serve a search warrant on. The search warrant was for an ongoing narcotics investigation into the suspected drug trafficking activities of Dorian Hayden.
During their surveillance and before the search warrant was served, officers noticed Hayden and another male exit the residence and enter a vehicle that Hayden is known to drive. Hayden, who has a suspended driver’s license, drove the vehicle away from the residence and shortly after driving away, uniformed officers made a traffic stop on the vehicle due to Hayden’s suspended license.
Officers identified the driver as Hayden and quickly noticed a semiautomatic handgun in the waistband of Hayden’s pants. While removing the handgun, a second handgun was observed and removed from Hayden’s pants pocket.
Investigators returned back to the residence and joined other officers to execute the search warrant. Officers located approximately 3.5 pounds of suspected methamphetamine, several ounces of suspected heroin, several pills suspected to be controlled substances, several grams of suspected marijuana, digital scales and other products associated with drug trafficking activities, a currency counter and over $38,000, and another semiautomatic handgun.
IMPD officers arrested Hayden for dealing in a narcotic, possession of a narcotic, dealing methamphetamine, possession of methamphetamine, dealing in marijuana, and possession of marijuana.
Hayden is in federal custody and was charged with the following federal charges:
- Possession with Intent to Distribute Controlled Substance
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indianapolis Metropolitan Police Department.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian
According to Assistant United States Attorney Jayson McGrath who is prosecuting the case for the government, Donald Rudolph faces up to 120 months’ imprisonment followed by three years of supervised release.
According to Assistant United States Attorney Michelle Brady who is prosecuting the case for the government, Dorian Hayden faces up to life imprisonment followed by five years of supervised release.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Columbus man sentenced for role in cocaine and heroin distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Kyuten J. Smith, of Columbus, Ohio, was sentenced today to 110 months incarceration for his role in a cocaine and heroin distribution operation, U.S. Attorney Bill Powell announced.
Smith, also known as “Mitch,” pled guilty to one count of “Possession with Intent to Distribute Cocaine Base” in July 2019. Kyuten, age 29, admitted to distributing cocaine base in Ohio County in September 2018.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The investigation was led by the Ohio County Drug & Violent Crimes Task Force, a HIDTA-funded initiative. The task force is comprised of the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department. Those assisting in the arrests are the United States Marshal Service; Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Martins Ferry, Ohio Police Department; and the Columbus, Ohio Police Department.
U.S. District Judge John Preston Bailey presided.
Citizen of Honduras with Multiple Drunk Driving Convictions Pleads Guilty to Immigration ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JORGE ALBERTO RODRIGUEZ RODRIGUEZ, 33, a citizen of Honduras last residing in Stamford, pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to unlawful reentry of a removed alien.
According to court documents and statements made in court, on February 20, 2010, Rodriguez Rodriguez was arrested in Stamford on a charge of operating under the influence. He was subsequently arrested in Westport for failure to appear. Rodriguez Rodriguez was convicted in Stamford Superior Court of operating under the influence and sentenced to four months of incarceration.
On August 30, 2010, Rodriguez Rodriguez was released from state custody and was served with a Notice to Appear by Immigration and Customs Enforcement (ICE) based on a charge that he entered the U.S without documentation. While released on bond and awaiting his immigration hearing, Rodriguez Rodriguez was arrested in Stamford on a charge of operating under the influence. He was convicted of the offense and sentenced to one year of incarceration, suspended after 150 days. On June 13, 2011, he was removed from the U.S. following service of his state sentence.
On December 18, 2018, Rodriguez Rodriguez was arrested by Stamford Police on a charge of operating under the influence and evading injury/property damage. A biometric fingerprint match subsequently confirmed Rodriguez Rodriguez’s unlawful reentry into the U.S. He has been detained in state custody since July 28, 2019, when he was arrested by Stamford Police on a charge of failure to appear. He was convicted of these offenses and, on September 26, 2019, was sentenced in state court to three years of incarceration, suspended after one year, and three years of probation.
Judge Dooley scheduled sentencing for May 18, 2020, at which time Rodriguez Rodriguez faces a maximum term of imprisonment of 10 years for illegal reentry.
This investigation is being conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. The case is being prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Cincinnati City Council president charged with honest services wire fraud, bribery, attempted extortionRead the Press Release
CINCINNATI – The Cincinnati City Council President Pro Tem has been arrested and charged federally with honest services wire fraud, bribery and attempted extortion.
Tamaya Dennard, 40, appeared in federal court this afternoon. The charges pending against her were unsealed at that time.
Dennard was elected to Cincinnati City Council in November 2017.
According to the affidavit filed in support of the criminal complaint, between August and December 2019, Dennard engaged in acts and attempted acts of bribery and extortion, attempting to exchange her votes for money.
“As the affidavit details, a concerned citizen contacted law enforcement following an interaction with Dennard, feeling an ethical and moral obligation to report any criminal wrongdoing,” U.S. Attorney David M. DeVillers said. “The individual then worked at the direction of law enforcement throughout this investigation. It takes courage for citizens to come forward and assist law enforcement as this individual did.”
Dennard allegedly requested between $10,000 and $15,000 from the individual to pay for her personal expenses.
At the direction of and in coordination with FBI, the individual and Dennard exchanged a total of $15,000, in increments of $10,000 and $5,000, for upcoming votes on a matter scheduled to be heard by Council.
Dennard deposited $10,000 in a personal bank account the same day she received it.
After receiving the initial $10,000, Dennard requested the additional $5,000 in advance. Records indicate the same day she received the $5,000 in cash, Dennard booked two seats on a Sept. 22, 2019 flight from Cincinnati to Destin-Fort Walton Beach Airport. On Sept. 27, 2019, she booked two return tickets. Financial records indicate Dennard spent more than $4,000 total on the Florida trip to include accommodations at the Opal Sands Resort in Clearwater, Fla. and the airfare.
Dennard allegedly continued to reach out to the individual asking for money on various occasions in October and November 2019. Text messages from Dennard to the individual during that time include “Happy to help you. But need yours too”; and “As I said, I’m sure there will be ways to help you as well and I will.”
Dennard is charged with one count each of honest services wire fraud (up to 20 years in prison), bribery concerning programs receiving federal funds (up to 10 years in prison) and attempted extortion under color of right (up to 20 years in prison).
David M. DeVillers, United States Attorney for the Southern District of Ohio; and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; announced the charges. Deputy Criminal Chief Emily N. Glatfelter and Assistant United States Attorney Matthew Singer are representing the United States in this case.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Career criminal sentenced to prison as final federal defendant in Operation 30906Read the Press Release
AUGUSTA, GA: The final federal defendant in a sweep targeting the worst criminals in Augusta’s highest-crime area has been sentenced to nearly 13 years in prison.
Marty Copeland, 45, of Augusta, was sentenced by Chief Judge J. Randal Hall to 151 months in federal prison after pleading guilty to Possession of Cocaine with Intent to Distribute, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After completion of his prison term, Copeland will be required to serve three years of supervised release.
“Copeland’s substantial sentence punctuates our joint operation aimed at helping the law-abiding citizens of an Augusta neighborhood rid themselves of criminal behavior inflicted on them by a relative handful of offenders,” said U.S. Attorney Christine. “Operation 30906 represents very real cooperation among local, state and federal agencies working together to make our communities safer.”
Operation 30906 coordinated law enforcement agencies and prosecutors through the U.S. Department of Justice Project Safe Neighborhoods and the FBI Safe Streets Gang Task Force. The operation targeted offenders in Augusta’s 30906 Zip code, an area identified by the Richmond County Sheriff’s Office as plagued by a disproportionate number of crimes committed by a core group of “alpha” criminals. Cocaine, methamphetamine and marijuana were seized during the operation, along with at least 29 firearms and approximately $1,000 in counterfeit money.
Since the indictments for drugs and firearms felonies were unsealed in December 2018, charges against all 20 defendants have been resolved, with 17 receiving sentences of up to 16½ years in federal prison. Four of the seven defendants charged in state court are awaiting trial. Most of the defendants charged in Operation 30906 had prior felony convictions.
Copeland’s substantial criminal history began 28 years ago with a conviction for drug possession, and included multiple felony convictions for drug possession and trafficking. Despite receiving state court sentences of up to 15 years in prison, he rarely served more than three years on any of the charges – and repeatedly violated parole when released. When arrested during Operation 30906, Copeland was on parole from a 2007 sentence for trafficking cocaine.
There is no parole in the federal system.
“Because of the efforts of the FBI and our local, state and federal law enforcement partners, neighborhoods in Augusta’s 30906 zip code are substantially safer today,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Copeland’s lengthy federal sentencing and the sentencings of 19 other defendants as part of Operation 30906 should serve as a warning to anyone thinking about taking up where they left off.”
“These convictions illustrate that drug trafficking at any level will not be tolerated in our state,” said Vic Reynolds, Director of the Georgia Bureau of Investigation (GBI). “The citizens of Augusta and the rest of the state of Georgia deserve to be safe in their neighborhoods. The Georgia Bureau of Investigation is fully committed to working with our local and federal partners to bring to justice those that perpetuate fear and intimidation while conducting their crimes.”
“It is a pleasure to continue joint prosecution efforts with the U.S. Attorney’s Office,” said Natalie S. Paine, District Attorney for the Augusta Judicial Circuit. “When federal and state agencies pool their resources the community benefits in more effective and efficient prosecution of violent offenders. Specifically, this operation was targeted to identify individuals that illegally carry firearms and to prevent the proliferation of gun violence in our community. We are pleased to be a part of joint efforts to make this community safer.”
“This operation has resulted in a significant blow to those who fuel gun violence,” said Richmond County Sheriff Richard Roundtree. “Those charged in this operation as well as others will be relentlessly pursued by the Sheriff’s Office and its federal partners. This pursuit will not end until the senseless gun violence stops.”
Agencies participating in Operation 30906 included the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Secret Service, the GBI, the Richmond County Sheriff’s Office and the Augusta Judicial Circuit District Attorney’s Office. The cases were prosecuted for the United States by Assistant U.S. Attorneys Tara Lyons, Hank Syms, and Alejandro V. Pascual IV and Special Assistant United States Attorney Michael Marchman.
California Man Sentenced to 12+ Years in Prison for Cross-Country Cocaine Distribution SchemeRead the Press Release
PITTSBURGH - A California resident has been sentenced in federal court to 151 months’ imprisonment and five years’ supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Robert Forbes, also known as "Daniel Kirkpatrick" and "Joe", age 46, of Pomona, California.
According to information presented to the court, Forbes conspired to distribute and possess with intent to distribute five kilograms or more of cocaine, a Schedule II controlled substance from April 2017 through April 2019. The conspiracy involved the shipment of cocaine from California using the United States Mail to various cities throughout the United States, including New Castle, Pennsylvania. The conspiracy also involved the shipment of cash, also through the United States Mail, from the recipients of the cocaine to the suppliers of cocaine. Many of the cocaine distributors were, like Forbes, originally from Jamaica.
Assistant United States Attorney Brendan T. Conway and Marnie Sheehan-Balchon prosecuted this case on behalf of the government.
United States Attorney Brady commended the federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) for the investigation leading to the successful prosecution of Forbes. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lawrence County Drug Task Force, Pennsylvania Office of Attorney General, Borough of Baldwin Police Department, McKees Rocks Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. In this case, the Lawrence County Drug Task Force and the New Castle Police Department also participated in the investigation.
California Man Indicted for Carrying Two Kilos of Cocaine Aboard Train Traveling Through KCRead the Press Release
KANSAS CITY, Mo. – A Sacramento, California, man was indicted by a federal grand jury today for carrying more than two kilograms of cocaine aboard a train traveling through Kansas City.
Eduardo Fernando Orozco-Lizaola, 22, was charged with possessing cocaine with the intent to distribute in an indictment returned by a federal grand jury in Kansas City. Today’s indictment replaces a federal criminal complaint that was filed against Orozco-Lizaola on Jan. 28, 2020.
According to an affidavit filed in support of the original complaint, a detective with the Kansas City Police Department contacted Orozco-Lizaola aboard a train that arrived at the Kansas City terminal for a layover on Jan. 28, 2020. Orozco-Lizaola had a ticket to Newark, New Jersey.
Orozco-Lizaola allowed the detective to search his backpack, which was underneath his seat. The backpack contained some clothes and two bundles with a total of approximately 2.4 kilograms of cocaine.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Kansas City Interdiction Task Force and the Drug Enforcement Administration.
California Fraudster Sentenced to Four Years in Federal Prison for International Mail and Wire Fraud ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel yesterday sentenced Saul Eady, age 36, of Los Angeles, California, to four years in federal prison, followed by three years of supervised release, for conspiracy to commit mail and wire fraud, in connection with a scheme to fraudulently obtain goods using what appeared to be a military e-mail address, but was actually a registered Yahoo e-mail address. Judge Hazel also entered an order requiring Eady to forfeit and to pay restitution in the full amount of the victim’s losses, which is $640,172.80. Eady has been detained since his arrest in October 2018.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Robert E. Craig, Jr. of the Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and Special Agent in Charge Nasir Khan of the U.S. Department of Commerce, Office of Export Enforcement's Washington Field Office.
According to Eady’s plea agreement, a co-conspirator established and used what was purported to be a U.S. Navy e-mail address, authentic forms, titles, addresses and other indicia to pose as U.S. government contracting agents and fraudulently obtain merchandise, including large-screen televisions, specialized communications equipment, cellular telephones and computers. Much of the fraud scheme was conducted from outside the United States, including from Nigeria. Three victim companies—one that provided wireless voice and data services that was headquartered in Washington State, one that was a wholesale audio-video distributor and manufacturer’s representative located in Virginia, and a defense contractor that designed, manufactured, and marketed communications equipment that was headquartered in Maryland—shipped merchandise, without prior payment, to Eady’s East Coast co-conspirators. Those individuals then shipped the stolen items to Eady and others on the West Coast.
Specifically, Eady admitted that from November 2016 until February 2017, he assisted in receiving, transporting, and storing the stolen televisions by renting trucks and transporting the stolen televisions to at least three storage locations in the Los Angeles area, where Eady and other had rented storage units. Following the sale of the televisions, Eady was paid in cash for receiving and moving the televisions. According to his plea agreement, the organization obtained approximately 2,109 televisions over the course of the scheme, and the number of televisions and loss attributable to Eady is 493 televisions worth at least $1,181,290.80.
Eady also admitted that he engaged in financial transactions using the proceeds of the fraud scheme. Specifically, Eady assisted in depositing cash obtained from the sale of the stolen goods into bank accounts of co-conspirators. At times, Eady received cash in excess of $10,000, but made smaller deposits at different bank locations in order to avoid detection by financial institutions and law enforcement.
Based on bank records, surveillance footage, financial and business records of the victim companies, and other information, the loss foreseeable to Saul Eady was between $1.5 million and $3.5 million.
Of the nine defendants charged in this case, six have pleaded guilty to their roles in the fraud scheme, including Saul Eady. Two others are scheduled for trial next month, and one defendant, Peter Unakalu, is a fugitive.
United States Attorney Robert K. Hur praised the Defense Criminal Investigative Service, Homeland Security Investigations, and the Department of Commerce’s Office of Export Enforcement for their work in the investigation, and thanked the FBI Washington Field Office and the Naval Criminal Investigative Service for their assistance. Mr. Hur thanked Assistant U.S. Attorneys Jennifer R. Sykes and Joseph R. Baldwin, who prosecuted the case.
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Browning woman sentenced in crash that injured twoRead the Press Release
GREAT FALLS—A Browning woman who admitted she had been drinking and driving when she crashed a truck on the Blackfeet Indian Reservation and injured two passengers was sentenced today to 27 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Lisa Marie Skunkcap, 37, pleaded guilty in November to assault resulting in serious bodily injury.
U.S. District Judge Brian M. Morris presided.
The prosecution said in court records that the crash happened on the afternoon of April 23, 2019 when Skunkcap and others were drinking and driving around Browning. Skunkcap lost control of the truck she was driving. The vehicle went off the road and rolled. Skunkcap and two passengers were ejected and lost consciousness.
Skunkcap told investigators that she had been driving and admitted having consumed alcohol. Her blood alcohol concentration was .20 at the time of the crash. Both ejected passengers suffered serious injuries, including broken bones. One passenger was transferred to Seattle for treatment.
Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI, Blackfeet Law Enforcement Services and the Montana Highway Patrol.
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Brockton Man Pleads Guilty to Firearms ChargeRead the Press Release
BOSTON – A Brockton man pleaded guilty today in federal court in Boston to being a felon in possession of a firearm and ammunition.
Anibal Pires, 29, pleaded guilty to one count of being a felon in possession of a firearm and ammunition before U.S. District Court Judge Allison D. Burroughs, who scheduled sentencing for June 16, 2020.
On Nov. 29, 2018, Pires was found in Brockton in possession of a Taurus PT111, 9mm pistol and 10 rounds of 9 mm ammunition. Due to a prior felony conviction punishable by more than one year incarceration, Pires in prohibited from possessing firearms and ammunition.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release 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 and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Brockton Police Department and the Norfolk County District Attorney’s Office. Assistant U.S. Attorney William B. Brady of Lelling’s Criminal Division is prosecuting the case.
Boylston Man Pleads Guilty to Filing False Corporate and Personal Tax ReturnsRead the Press Release
BOSTON – A Boylston man pleaded guilty yesterday in federal court in Worcester to two counts of filing false and fraudulent tax returns.
Robert Fuller, 64, pleaded guilty to filing false and fraudulent personal and corporate tax returns for calendar year 2015 before U.S. District Court Judge Timothy S. Hillman who scheduled sentencing for June 15, 2020.
Fuller’s scheme was to cash checks written to his business, Fuller Motor Home, without reporting this cash on his corporate tax returns and then using the cash for his own personal enrichment, while also not reporting it as income on his personal tax returns.
The charge of filing a false and fraudulent tax return provides for a sentence of up to three years in prison, three years of supervised release and a fine of up to $100,000. 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 and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
Bismarck, ND Man Arrested for Theft of Knife River Indian Villages National Historic Site PropertyRead the Press Release
Bismarck – U.S. Attorney Drew H. Wrigley announced that on February 25, 2020, Charles Joseph Folk, Age 42 of Bismarck, ND, made his initial court appearance to face federal theft charges. A federal grand jury has indicted Folk on a single count of theft of government property. Specifically, over a two year period, while Folk was a national park service employee, he is alleged to have stolen approximately $10,000.00 worth of property belonging to the Knife River Indian Villages National Historic Site.
"Federal employees are placed in a position of special trust, which makes these allegations even more troubling," said U.S. Attorney Drew Wrigley.
An Indictment is an accusation and notice of charges, and the defendant is presumed innocent until proven guilty. A trial is scheduled for April 21, 2020, before Senior Judge Daniel L. Hovland.
This case was investigated by the National Park Service.
Assistant United Sates Attorney Jonathan J. O’Konek is prosecuting the case.
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Attorney General William P. Barr Names Michael Carvajal Director of the Bureau of PrisonsRead the Press Release
Attorney General William P. Barr today announced that Michael Carvajal will serve as the Director of the Bureau of Prisons (BOP). Current BOP Director Dr. Kathleen Hawk Sawyer will remain as a Senior Advisor to assist him with the transition.
“Today, I am appointing Michael Carvajal Director of the Bureau of Prisons. Michael’s nearly 30 years of experience with the Bureau will serve him exceptionally well as he takes on these new responsibilities, and I am confident he will do an outstanding job as director. I want to thank Kathy Hawk Sawyer for her exceptional leadership and helping us identify a highly qualified individual to serve as permanent director. I am grateful for Kathy’s service and that she has agreed to stay on as a senior advisor to assist the Bureau with this transition.”
Carvajal, a U.S. Army veteran, began his employment with the Bureau of Prisons in 1992 as a correctional officer. Since then, he took on positions of increasing responsibility for the Bureau, including Employee Development Specialist and Lieutenant at FCI Three Rivers; Captain at FCI Texarkana (TX) and USP Leavenworth (KS); Correctional Services Administrator for the South Central Region (TX); and Associate Warden at FCC Beaumont. He also served as Warden at FCI Texarkana (TX), and Complex Warden for FCC Pollock (LA), before being promoted to Regional Director for the Northeast Region in July 2016.
As Assistant Director for Correctional Programs since August of 2018, Carvajal was responsible for a wide variety of areas, including designations and sentence computation, the Witness Security and Victim-Witness Programs, security and emergency planning, inmate transportation, and unit and case management operations, and the agency's intelligence efforts that require coordination with law enforcement and counter terrorism agencies around the country.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Antioch Woman Sentenced to Federal Prison for EmbezzlementRead the Press Release
NASHVILLE, Tenn. – February 25, 2020 – Ilaine T. Newby, 51, of Antioch, Tennessee, was sentenced Friday to 12 months and 1 day in prison for embezzling over $206,000 from a Smyrna, Tennessee-based company, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. U.S. District Judge William L. Campbell, Jr. also imposed six months of home confinement at the conclusion of the sentence and ordered Newby to pay $147,289 in restitution to the victim company. Newby was charged in August 2019 and pleaded guilty in October to three counts of wire fraud.
According to Court documents, Newby was the comptroller of a company in Smyrna, Tennessee identified as C.A. As such, she was responsible for the company’s financial affairs, including managing the monthly financial reports, the profit and loss statements, Quickbooks entries, accounts payable, accounts receivable, and the company bank accounts and company credit card accounts. From November 2014 through June 2018, Newby embezzled approximately $206,000 by using company credit cards to pay personal expenses and using the company’s bank accounts to make payments to her own personal credit cards. Newby admitted she used the funds for personal expenditures, such as purchasing a Jeep Liberty and paying tuition to the University of Arizona. Newby concealed her fraud by making false entries in the company’s general ledger and providing those manipulated financial records to the business’s owner.
This case was investigated by the FBI and the Smyrna Police Department and was prosecuted by Assistant U.S. Attorneys Kathryn Booth and Stephanie N. Toussaint.
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Akron man admits selling fatal dose of fentanylRead the Press Release
Letroy Vaughn, 28, of Akron pleaded guilty today to Possession with Intent to Distribute Fentanyl with a sentencing enhancement for causing the death of another.
On September 28, 2015, Vaughn sold fentanyl to a 25-year-old Akron man who died after ingesting the drug. The Summit County Medical Examiner determined that the man died as a result of a fentanyl overdose. Detectives from the Akron Police Department Narcotics Unit learned that the man had purchased the fatal drugs from Vaughn hours before his death.
Vaughn is scheduled to be sentenced on June 16, 2020 at 10 a.m. Under the terms of his guilty plea, Vaughn is likely to be sentenced to 20 years in prison.
The Akron Police Department Narcotics Unit and the Drug Enforcement Administration investigated the case, which is being prosecuted by Assistant U.S. Attorneys Peter Daly and Aaron Howell.
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24 February 2020
“Southside” Gang Leader Sentenced to 30 Years for Murder, Racketeering, Narcotics, and Firearms ChargesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that today SKYLAR DAVIS, a/k/a “S-Dot,” was sentenced to 30 years in prison in connection with his robbery and participation in the murder of Samuel Stubbs, a community member in the City of Newburgh, New York, and DAVIS’s membership in and leadership of “Southside,” a violent street gang that operated in Newburgh. DAVIS previously pled guilty to racketeering and murder charges before United States District Cathy Seibel, who also imposed today’s sentence. Besides his gang leadership and his participation in the murder of Samuel Stubbs, DAVIS also committed or helped commit six additional nonfatal shootings of Southside’s gang rivals in Newburgh over an approximately nine-month period in 2015 and 2016.
U.S. Attorney Geoffrey S. Berman said: “On a summer night in 2015, Southside gang leader Skylar Davis participated in the murder of Samuel Stubbs. Davis also committed or participated in more than half a dozen other attempted murders over the ensuing year. Now he will spend many years in federal prison for his reign of violence.”
According to the various Indictments filed in this case, other documents filed, as well as statements made in open court:
From at least 2014 through June 2017, the Southside Gang was a criminal enterprise centered in and around the intersection of South Street and Chambers Street in an area of Newburgh known as the “Southside.” In order to gain funds for the gang, protect the gang’s territory, and promote the gang’s standing, members of Southside engaged in, among other things, narcotics trafficking, robbery, and acts involving murder. To that end, Southside members sold heroin, crack cocaine, and marijuana in the gang’s territory, promoted their gang affiliation on social media sites such as Facebook, possessed firearms, and engaged in shootings as part of their gang membership. Southside members participated in numerous shootings of rival gang members and innocent bystanders, including two murders.
DAVIS was a longtime member of Southside and one of the gang’s leaders. On August 13, 2015, DAVIS, along with others, decided to rob a high-stakes card game that Stubbs was playing outside, near the intersection of Lander and Courtney Streets in Newburgh. DAVIS and a co-conspirator approached the three card players with guns drawn and then started firing. All three men were hit by the ensuing gunfire, and Stubbs, 67, died of his injuries.
The Stubbs murder was only one of many acts of violence DAVIS participated in as part of his leadership of the Southside gang, including numerous violent crimes after DAVIS participated in Stubbs’s murder. Beginning in the summer of 2015, Southside engaged in a series of retaliatory shootings with its primary rival gang in Newburgh, the Yellow Tape Money Gang, or “YTMG,” and with other Newburgh gangs allied with YTMG. DAVIS committed, assisted, and/or caused the following additional Newburgh shootings:
- The attempted murder of rival gang member Gabriel Warren, a/k/a “Stacks,” in the late summer or early fall of 2015;
- The attempted murder of rival gang member Armad Evans, a/k/a “Yellow,” on or about October 5, 2015;
- The attempted murder of rival gang member Tyrin Gayle, a/k/a “Spazzo,” and other YTMG members on or about December 11, 2015;
- The attempted murder of rival YTMG gang members on or about March 17, 2016;
- Aiding and abetting the attempted murder of rival gang member Romeo Herring on or about April 3, 2016; and
- The attempted murder of rival gang members in the vicinity of the 845 Lounge located at 778 Broadway on or about May 21, 2016.
DAVIS bragged about his violence, his drug dealing, and his firearms possession on Facebook, which helped further fuel the violent rivalry between Southside and YTMG.
DAVIS, 22, of Newburgh, was arrested in June 2017 as a result of a multi-year investigation by the FBI’s Hudson Valley Safe Streets Task Force and the City of Newburgh Police Department into gang violence in Newburgh. DAVIS was previously serving a lengthy sentence for New York state weapon and controlled substance offenses. The Hudson Valley Safe Streets Task Force and the City of Newburgh Police Department had previously arrested members of YTMG in 2016; every charged member of YTMG was sentenced by Judge Seibel in 2017 and 2018.
Davis is the thirteenth member of Southside to be sentenced by Judge Seibel. Judge Seibel has imposed substantial periods of incarceration on each:
Name
Convictions:
Sentence
Skylar Davis
Racketeering Conspiracy
Murder in Furtherance of Drug Trafficking
Murder Through Use of a Firearm
Ardae Hines
Racketeering Conspiracy
Narcotics Conspiracy
180 months
Michael Simmons
Racketeering Conspiracy
Possessing Firearms During and in Relation to Drug Trafficking
111 months
Demetrice McLean
Racketeering Conspiracy
Possessing Firearms During and in Relation to Attempted Murder in Aid of Racketeering
180 months
Christopher Davis
Racketeering Conspiracy
Narcotics Conspiracy
126 months
Diamante Frazier
Narcotics Conspiracy
Brandishing Firearms During and in Relation to Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering
120 months
Ditavious Williams
Racketeering Conspiracy
Narcotics Conspiracy
121 months
Donte Nugent
Racketeering Conspiracy
Narcotics Conspiracy
108 months
Davante Nugent
Racketeering Conspiracy
Narcotics Conspiracy
60 months
Calvin Lembhard
Discharging Firearm in Furtherance of Attempted Murder in Aid of Racketeering
120 months
Paradise Branch
Racketeering Conspiracy
Narcotics Conspiracy
120 months
William Fennell
Racketeering Conspiracy
Narcotics Conspiracy
Discharging Firearms in Furtherance of Drug Trafficking
240 months
Troy Young
Racketeering Conspiracy
Using a Firearm in Furtherance of Murder in Aid of Racketeering
180 months
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Mr. Berman praised the outstanding investigative work of the FBI, the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and the City of Newburgh Police Department. Mr. Berman thanked the Orange County District Attorney’s Office for its invaluable ongoing assistance in the case. Mr. Berman also thanked the Town of Newburgh Police Department, the New York State Police, the Orange County Sheriff’s Department, the Town of New Windsor Police Department, and the New York Department of Corrections and Community Supervision for their assistance in the case.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Jacqueline Kelly, Allison Nichols, Maurene Comey, and Samuel Raymond are in charge of the prosecution.
Wright City Man Sentenced for Stealing Firearms from Williamsburg StoreRead the Press Release
JEFFERSON CITY, Mo. – A Wright City, Missouri, man was sentenced in federal court today for stealing firearms from a Williamsburg, Missouri, store then leading law enforcement officers on a high-speed chase in which a state trooper was injured.
Jack Arnold Wodke, 25, was sentenced by U.S. District Judge Roseann Ketchmark to eight years in federal prison without parole.
On June 26, 2019, Wodke pleaded guilty to stealing firearms from a licensed dealer. Wodke admitted he stole 25 firearms and other items when he burglarized Crane’s Country Store, 10675 State Road D in Williamsburg, on Dec. 19, 2017.
On Dec. 20, 2017, law enforcement officers responded to the Missouri Department of Transportation building in Williamsburg when Wodke pointed a handgun at an employee and threatened him. Wodke was driving a Ford F-250 pickup truck with no license plates, which was later determined to be stolen. As a state trooper and sheriff’s deputy arrived at that location, Wodke fled from them at a high rate of speed. The trooper and several deputies pursued Wodke.
While pursuing Wodke on County Road 1005, the trooper was involved in a single-vehicle accident where he was trapped in his patrol car for nearly two hours and was later transported to University Hospital by ambulance for his injuries.
Deputies continued pursuing Wodke until he drove into a bean field. At the intersection of County Roads 1022 and 1034, Wodke lost control of his vehicle and the truck spun into the grass. As deputies approached, Wodke put the truck into reverse and rammed it into the side of a Ford Explorer, operated and occupied by a Callaway County deputy, and attempted to drive away. At this point, deputies took Wodke into custody.
Wodke appeared to be under the influence of a controlled substance. He was animated, had exaggerated movements, and kept twitching and talking about people that were not in the truck with him. Wodke admitted to using amphetamine, and later admitted that he had been up for three days and started seeing an imaginary person on the third day.
Deputies searched Wodke, who had a Ruger .380-caliber pistol in his left coat pocket along with numerous rounds of ammunition and knives. Found just outside the driver’s door of the truck was a black cloth pull string bag that containing a glass methamphetamine smoking pipe with a crystal residue inside and a small tin containing methamphetamine.
Deputies searched the truck and found several firearms that had been reported stolen from Crane’s Country Store.
In the bed of the truck was an ATM machine, numerous surveillance cameras, well over 100 packages of cigarette, display cases containing chewing tobacco, alcohol, and other items. Montgomery County deputies were investigating a commercial burglary at R&G Fuels, a gas station at the Danville exit of I-70. The owner of the business arrived and confirmed the items in the bed of the truck had been stolen from his business.
Deputies later recovered a Glock handgun with the serial number defaced, which had been reported stolen from Crane's Country Store, from the Missouri Department of Transportation parking lot.
All of the firearms stolen from Crane’s Country Store were recovered.
This case was prosecuted by Assistant U.S. Attorney Ashley Turner. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Callaway County, Mo., Sheriff’s Department, and the Missouri State Highway Patrol.
Woman Arrested for Assaulting a Federal Air MarshalRead the Press Release
ALEXANDRIA, Va. – A North Carolina woman made her initial appearance in federal court today on charges of allegedly assaulting a Federal Air Marshal.
According to allegations detailed in the affidavit in support of the criminal complaint, on February 22, Dana Ghazi Mustafa, 27, assaulted a Federal Air Marshal on board United Airlines flight 933 that departed from Frankfurt, Germany, and landed at Dulles International Airport.
According to court documents, at some point during the flight, flight attendants were alerted to the activation of a flight lavatory smoke detector, encountered Mustafa in the lavatory and directed her to not smoke aboard the aircraft and return to her seat. After flight attendants observed Mustafa crying and visibly upset, Mustafa stated that she was flying home to see her family, but they had died in a car accident caused by a drunk driver.
After being relocated a second time, a Federal Air Marshal observed Mustafa leave her seat and walk to the rear of the plan while striking the flint of a lighter. As a flight attendant attempted to stop Mustafa from entering the lavatory, Mustafa pushed the flight attendant and tried to close the lavatory. At that time, two Federal Air Marshals interceded. Mustafa allegedly refused to comply and was combative, including resisting being handcuffed, yelling, and kicking at the Federal Air Marshals.
After being handcuffed and relocated next to a Federal Air Marshal, Mustafa stated that, “I’m going to stab everyone on this plane. Then kill myself. I’m Palestinian! That’s how we get down.”
Upon landing at Dulles International Airport, an FBI agent interviewed Mustafa about the incident, including her statement regarding her family being killed by a drunk driver. Mustafa allegedly admitted the story was a lie.
Mustafa is charged with assaulting a federal officer and faces a maximum penalty of eight years in prison, if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Mustafa is scheduled for a preliminary hearing tomorrow at 2 p.m. at the federal courthouse in Alexandra.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Larissa Knapp, Special Agent in Charge, Counterterrorism Division, FBI Washington Field Office, made the announcement. Assistant U.S. Attorney John C. Blanchard is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-mj-82.
WDLA News Round-UpRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced the resolution of two Project Safe Childhood cases last week, each separately noted.
SENTENCING – JOHN MICHAEL WARD
Westlake Man Sentenced to 60 Years in Federal Prison for Production of Child Pornography
Ward was the former pastor of Bellview Baptist Church
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that John Michael Ward, 45, of Westlake, Louisiana, was sentenced on February 19, 2020, to 60 years in federal prison after pleading guilty in November 2019 to two counts of production of child pornography. U.S. District Judge James D. Cain Jr. sentenced Ward to 30 years for each count, to run consecutively, and a lifetime term of court supervision.
According to information presented to the court, Ward, the former pastor of Bellview Baptist Church in Westlake, sexually abused a minor female for two years, and on two occasions, coerced the minor to engage in sexually explicit conduct for the purpose of capturing sexually explicit videos of the minor.
The U.S. Department of Homeland Security Investigations and the Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney John Luke Walker prosecuted the 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.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
SENTENCING – JAMES GAHARAN
Former LeGrange High School Teacher Sentenced to Eight Years in Federal Prison for Possessing Child Pornography
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that James Gaharan, 56, of Laker Charles, was sentenced on February 19, 2020, by U.S. District Judge James D. Cain Jr., to 97 months in prison for possession of child pornography. Following his imprisonment, Gaharan will be supervised by the United States Probation Office for 10 years and will be required to register with the state sex offender registry in any state in which he lives or works. Gaharan pleaded guilty on September 18, 2019.
According to information disclosed during court proceedings, Calcasieu Parish Sheriff’s Office (CPSO) received a complaint that Gaharan, a school teacher at LeGrange High School, was having a sexual relationship with a student. After an interview with Gaharan, CPSO obtained a court approved search warrant of his residence. When officers arrived at Gaharan’s residence, they discovered a program running on his computer which was in the process of wiping the hard drive clean. At that point the wipe was 96% complete. Officers also found a jump drive in Gaharan’s book satchel. A subsequent forensic examination of the jump drive revealed over 1,500 child pornography images of mainly young, prepubescent children. Gaharan had downloaded these images from the internet.
The FBI and Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney John Luke Walker prosecuted the 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.
Those concerned may leave tips with the FBI at tips.fbi.gov. Tips may be submitted anonymously.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Urologist Sentenced to Nearly Six Years in Prison for Fraudulent Billings of Nonexistent Patient Visits and Unnecessary TestsRead the Press Release
LOS ANGELES – A urologist was sentenced today to 71 months in federal prison for submitting fraudulent billings totaling more than $700,000 to Medicare for medically unnecessary and nonexistent treatments, sometimes billing for purported patient visits miles apart and occurring at the exact same time.
Mark Wilfred Tamarin, 65, of Manhattan Beach, was sentenced by United States District Judge Dale S. Fischer, who also ordered him to pay nearly $345,000 in restitution.
After a seven-day trial in July 2019, a jury found Tamarin guilty of six counts of wire fraud and one count of attempted health care fraud. He has been in federal custody since the trial’s conclusion.
According to the evidence presented at trial, from 1987 until 2014, Tamarin was a partner at Advanced Urology Medical Offices (AUMO), which had offices in Torrance and West Los Angeles.
From January 2009 until January 2013, at AUMO, where the majority of the patients were covered by Medicare, Tamarin billed Medicare for services he did not and could not have performed and also ordered medically unnecessary tests. Tamarin covered Kindred Hospital, a sub-acute medical center in Ladera Heights, for AUMO. Kindred is a facility designed for patients with serious medical problems and in need of long-term care, but for whom a traditional hospital setting is unnecessary. There, he billed for numerous patient visits that never happened and for services he never provided. The evidence presented at trial showed that on multiple occasions between 2009 and 2013, Tamarin purportedly was in two places miles apart at the same time he was treating patients in both locations.
At his office at AUMO, Tamarin ordered medically unnecessary tests for his patients. In particular, he ordered two to three times the number of post-void residual (PVR) tests and renal ultrasounds for urology patients in comparison to his three medical partners. Tamarin ordered so many PVRs that the office’s medical assistants suggested that the office purchase a second PVR machine. Tamarin ordered these tests before speaking with or seeing a patient despite the fact that the tests themselves only were appropriate in limited medical circumstances.
In total, Tamarin caused more than $700,000 in fraudulent claims to be billed to Medicare, of which Medicare paid approximately $219,934 in fraudulent Kindred claims and $124,802 in medically unnecessary PVR and renal ultrasound claims.
This matter was investigated by the FBI and U.S. Department of Health and Human Services Office of Inspector General.
This case was prosecuted by Assistant United States Attorney Poonam G. Kumar of the Major Frauds Section.
U.S. Attorney Matthew Schneider Announces Progress in Making our Communities Safer through Project Safe Neighborhoods Unveils Media Campaign Aimed at Raising AwarenessRead the Press Release
Federal prosecution against felons and violent offenders with guns in the Eastern District of Michigan increased 10% in 2019. The strong partnership we have with our state and local law enforcement agencies, particularly the Detroit Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Wayne County Prosecutor’s Office, and Federal Bureau of Investigation enabled us to identify the most significant violent offenders in our district for federal prosecution.
“Ensuring that guns stay out of the hands of prohibited people is critical to the mission of preventing violent crimes,” stated United States Attorney Matthew Schneider. “We are working hard to identify and target the most violent offenders in our communities in an effort to reduce and prevent further violence.”
“By utilizing ATF’s Crime Gun Intelligence Center and NIBIN technology, investigators are using crime gun intelligence to quickly identify serial shooters, firearms traffickers, and other violent offenders and hold them accountable for the violence their actions cause throughout our community,” said Special Agent in Charge James Deir. “When you add in the great collaboration of our federal, state, and local law enforcement partners, the community benefits with safer streets.”
“Ensuring the safety and security of our residents in the city of Detroit is our number one priority. Project Safe Neighborhood is yet another example of how we can work collaboratively to create safe neighborhoods and will continue our efforts in targeting violent offenders that pose a threat to the quality of life for the residents”, said Chief James Craig.
Through advances in technology, we have been able to identify offenders who are driving violent crime rates in certain areas of Detroit. In 2019, Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction strategy, began operating in the 9th Precinct of Detroit. During that year, we saw a 28% decrease in the number of non-fatal shootings and a 10% drop in homicides.
In an effort to continue this downward trend, the United States Attorney’s Office, in partnership with the Detroit Police Department and the City of Detroit, have created billboards and public service announcements to spread the message that gun crimes come with tough federal prison sentences.
The billboards, which will go up this week and run through the week of March 9, are located at:
Harper Road east of Park Drive (this week - March 22)
Gratiot Avenue north of Waltham (this week - March 22)
Gratiot Avenue north of Fairport (March 9-April 5)
E. McNichols Road west of Hamburg (March 9-April 5)
The public service announcements can be found at:
https://youtu.be/Dgp8Xg6kfkE
https://youtu.be/KEDvhRVAeu4
https://www.youtube.com/watch?v=i0iQ27wz4wk&feature=youtu.be
This awareness campaign was developed as part of Attorney General William Barr’s signature anti-gun violence initiative, Project Guardian. This initiative is designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes and serves as a complementary effort to the success of PSN.
In reaffirming our commitment to PSN, the United States Attorney’s Office’s Major Crimes Unit expanded prosecution guidelines to include domestic violence offenders, straw purchasers, offenders who possess guns with positive NIBIN hits (forensically linking guns to crime scenes), and offenders with gang affiliations. Some of those cases include:
- Derrell Hayes and Mohammad Karkash, both convicted felons who were on federal supervised release, violated their terms of release by committing a domestic violence offense. Hayes received a term of incarceration of 24 months in federal prison and Karkash received a sentence of 21 months in federal prisonn.
- Eight individuals were charged in a firearms straw buyer trafficking ring. It is alleged these individuals made false statements during the purchase of firearms, indicating that they were purchasing the firearms for themselves, when they were purchasing the firearm for a multi-convicted felon. This is otherwise known as a “straw purchase,” which is a violation of federal law. The firearm purchases were made at numerous stores in the metro Detroit area.
- A Detroit man was charged and convicted of illegally possessing a firearm while on probation and fleeing from law enforcement. ATF began investigating the defendant after receiving a NIBIN (National Integrated Ballistic Information Network) lead connecting firearms in the defendants’ possession to two separate shooting incidents in Detroit.
Through our partnership with the Wayne County Prosecutor’s Office we have accepted for federal prosecution nearly 40 percent of all the cases referred by their office. This partnership has allowed us to remove some of the worst repeat offenders from our streets. Those offenders include:
- Tyrone Vannoy, an armed career criminal with seventeen prior convictions on his record. Vannoy was sentenced to 15 years in federal prison following his conviction for possession of a firearm by a convicted felon and using a firearm in relation to a drug trafficking offense.
- Denver Lee, a seven-time convicted felon, was sentenced to 15 years in federal prison following his conviction for possession of a firearm by a convicted felon.
- Danny Woods, a multi-convicted felon and armed career criminal, was arrested for selling drugs in a park in Detroit. He received a 20 year sentence in federal prison.
We realize that we can’t simply prosecute our way out of violent crime and that prevention is an essential part of the equation. Part of the prevention component is Ceasefire Detroit. Ceasefire Detroit is a partnership between law enforcement, church leaders, and community members that speaks directly to those individuals who are driving the violence in our communities. Ceasefire Detroit focuses on a key group of gang members: trigger pullers. Ceasefire Detroit requires gang members who are on probation or parole to report to a “Call In” a meeting with U.S. Attorney Matthew Schneider, Mayor Mike Duggan, Police Chief James Craig, and community partners such as Goodwill Industries and Flip the Script. Gang members in attendance are warned about the harsh prosecutorial and incarceration ramifications they will face if anyone of their members is involved a future shooting. They are warned that all of the state and federal law enforcement partners will pool resources in an effort to prosecute and dismantle the entire gang. At the “Call In,” they are offered an opportunity to sign up for job skills, G.E.D., and other services if they want to get out of the gang lifestyle.
Project Safe Neighborhoods works. It works because of the ongoing cooperation and commitment from our partners. While progress has been made, the fight is not over. We will continue to work together to fight violent crime in our communities.
Stockton Man Sentenced to More Than 7 Years in Prison for Fentanyl DistributionRead the Press Release
SACRAMENTO, Calif. — Manuel Felix-Rivera, 34, of Stockton, was sentenced today to seven years and three months in prison for conspiring to distribute and to possess with intent to distribute fentanyl, U.S. Attorney McGregor W. Scott announced.
According to court documents, between September 2018 and March 18, 2019, Felix-Rivera conspired with others to distribute fentanyl, methamphetamine, heroin, and cocaine. During the conspiracy, Felix-Rivera sold fentanyl to an undercover source five times. When agents executed a search warrant at Felix-Rivera’s house, they found fentanyl, methamphetamine, heroin, and cocaine. Felix-Rivera distributed and possessed with intent to distribute 1,157 grams of actual fentanyl. Studies indicate that just 3 milligrams of fentanyl can be fatal.
“Fentanyl can kill and has killed. Felix-Rivera possessed enough fentanyl to potentially kill over 380,000 people and sold highly dangerous drugs to multiple buyers,” stated U.S. Attorney Scott. “Felix-Rivera’s disregard for the lives of others warrants today’s sentence. Fortunately, law enforcement was able to stop the streets of Stockton from being flooded with thousands of doses of this potentially lethal opioid.”
“Just a few grains of fentanyl can have deadly consequences. Felix-Rivera was in possession of more than two and a half pounds of the substance at the time of his arrest, creating a potentially fatal situation for thousands of people,” stated DEA Special Agent in Charge Daniel C. Comeaux. “Today’s sentence sends the message that DEA and our law enforcement partners will not tolerate those whose conduct represents a danger to the community.”
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S Attorney Ross Pearson prosecuted the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. 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.
RipleyWoman Sentenced to 14 Years in Federal Prison for Conspiracy to Distribute over 50 grams of MethamphetamineRead the Press Release
Jackson, TN – Connie Stephens, 43, a Ripley, Tennessee resident, has been sentenced to 168 months imprisonment for conspiracy to possess with intent to distribute actual methamphetamine. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the sentence today.
According to information presented in court, beginning in late 2018 until Stephens’ arrest on January 25, 2019, investigators with the Federal Bureau of Investigation (FBI), Tennessee Bureau of Investigation (TBI), and the Dyersburg Police Department investigated multiple individuals transporting and distributing actual methamphetamine to the Western District of Tennessee. Stephens distributed actual methamphetamine to an undercover confidential informant on three separate occasions at a residence in Dyersburg. Stephens obtained different quantities from her supplier, a co-defendant, for distribution.
On January 25, 2019, Stephens distributed 13.5 grams of methamphetamine/ice to a confidential informant (CI). During the transaction, Stephens’s source of supply was present and after Stephens distributed the 13.5 grams of methamphetamine/ice to the CI, the source then sold Stephens an additional 42 grams of methamphetamine/ice.
After the distribution by the source of supply to Stephens, investigators arrested the parties. Found in the source of supply’s backpack was an additional 306.18 grams of methamphetamine/ice and a .45 caliber Hi-Point pistol. Stephens was held responsible for distributing over 150 grams of methamphetamine/ice.
Agents used confidential sources, search warrants and other investigative techniques to dismantle this drug trafficking organization.
On February 21, 2020, U.S. District Court Chief Judge Thomas Anderson sentenced Stephens to 168 months in federal prison, followed by 5 years of supervised release.
U.S. Attorney D. Michael Dunavant said, "Drug distribution conspiracies are NOT victimless crimes. Methamphetamine causes significant human pain, loss, and destruction in countless ways, including addiction, injuries, and deaths. Individuals who distribute harmful drugs into our rural communities can no longer hide, and those who choose to engage in such lawlessness will pay the price with a long prison sentence."
This case was investigated by the Federal Bureau of Investigation, Jackson Residence Agency Safe Streets Task Force, the Tennessee Bureau of Investigation and the Dyersburg Police Department.
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on behalf of the government.
Rhode Island Man Pleads Guilty to Somerville Armed Bank RobberyRead the Press Release
BOSTON – A Rhode Island man pleaded guilty in federal court in Boston in connection with the May 1, 2019, armed bank robbery in Somerville that resulted in shots fired.
Daniel Rosado, 32, of Providence, R.I., pleaded guilty to one count of armed bank robbery, one count of brandishing and discharging a firearm during a crime of violence, and one count of being a felon in possession of a firearm. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for June 15, 2020. Rosado was arrested and charged by criminal complaint on May 23, 2019, and has been in custody since.
On May 1, 2019, a man, later identified as Rosado, entered the Middlesex Federal Savings Bank in Somerville, brandished a handgun, fired a shot into the ceiling, and pointed the firearm at customers and bank employees. Rosado yelled: “Get down!,” “Everybody on the ground!,” “Second Drawer,” “Hurry Up!” and “Give me money or I’ll shoot!” Customers and bank employees laid on the floor, while the robber approached a teller window, threw a backpack at the teller, and demanded money.
While the teller filled the backpack with money, a customer exited the bank and flagged down a marked police cruiser. The police officer entered the bank, pointed his gun at the robber, and ordered him to freeze. In response, Rosado faced the officer, pointed his gun in the officer’s direction, and fired one shot. The officer shot back. During the exchange of gunfire, Rosado exited the bank and the officer chased after him on foot.
As Rosado fled down College Avenue in Somerville, a bystander, noticing that Rosado was being pursued by a police officer, attempted to tackle Rosado, which caused Rosado to drop his backpack. Rosado kept running, and witnesses eventually lost sight of him. Upon review of the backpack, law enforcement found a Webley revolver, loaded with four unfired rounds of ammunition, and two cartridge casings, as well as more than $500.
Further investigation, including forensic analysis of the backpack, linked the DNA profile found on the backpack to Rosado. A subsequent review of Rosado’s driver’s license photo matched the images of the robber captured on video surveillance at the bank.
According to court records, Rosado has prior felony convictions, such as negligent operation of a motor vehicle, larceny from a person and witness intimidation, and assault by means of a dangerous weapon. Due to these prior convictions, Rosado is prohibited from possessing a firearm or ammunition.
The charge of armed bank robbery provides for a sentence of up to 25 years in prison, five years of supervised release and a fine of $250,000; the charge of brandishing and discharging a firearm during a crime of violence provides for a mandatory minimum of seven years and up to life in prison for brandishing and a mandatory minimum of 10 years and up to life for discharging, to be served consecutive to any other sentence imposed, and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release 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.
U.S. Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Somerville Police Chief David Fallon made the announcement today. Valuable assistance was provided by the United States Attorney’s Office for the District of Rhode Island and the Providence (R.I.) Police Department. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Criminal Division is prosecuting the case.
Repeat Offender Sentenced to 7 Years in Prison for Possessing Thousands of Images of Child Sexual AbuseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that BRIAN HERNDON, 45, of New Britain, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 84 months of imprisonment, followed by 10 years of supervised release, for possession child pornography and for violating the conditions of his supervised release from a prior federal conviction.
According to court documents and statements made in court, on January 12, 2009, Herndon was sentenced in New Haven federal court to 72 months of imprisonment, followed by five years of supervised release, for possessing child pornography. He was released from federal prison in May 2014. On September 1, 2015, U.S. Probation officers searched Herndon’s residence and seized a laptop. Subsequent forensic examination of the laptop revealed approximately 2,269 images and 74 videos depicting the sexual abuse of children.
Herndon pleaded guilty to the offense on November 21, 2019.
Judge Shea ordered Herndon to pay a total of $5,000 to two victims whose images he possessed.
Herndon, who had been released on bond, was remanded to the custody of the U.S. Marshals Service at the conclusion of today’s court proceeding.
This investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The case was prosecuted by Assistant U.S. Attorney Peter S. Jongbloed.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Palm Beach County Tax Return Preparer Sentenced to Prison for Filing False Returns and Theft of Government FundsRead the Press Release
A West Palm Beach tax return preparer was sentenced to 90 months in prison on Friday for aiding and assisting in the preparation of false tax returns and theft of government funds, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida.
According to the evidence presented at trial, from at least 2012 to 2016, Paul Senat was the owner and operator of multiple tax return preparation businesses in Palm Beach and surrounding areas. Through the businesses, Senat falsified his clients’ returns by reporting fictitious business losses and education credits in order to fraudulently inflate their refunds. Senat also stole a federal tax refund check worth nearly $10,000.
A federal jury in Fort Lauderdale, Florida convicted Senat on Nov. 6, 2019. Following the jury verdict, Senat was taken into custody.
At sentencing, U.S. District Judge Rodolfo A. Ruiz found that Senat caused a tax loss of more than $3.5 million to the United States.
In addition to the term of imprisonment, U.S. District Judge Ruiz ordered Senat to serve three years of supervised release and to pay $9,779 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Fajardo Orshan commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Alexander Effendi and Lauren Archer of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
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.
Pain Doctor Sentenced to Prison for Illegally Prescribing OpiatesRead the Press Release
RICHMOND, Va. – A Henrico man was sentenced today to 57 months in prison for unlawfully prescribing Oxycodone and Tramadol to patients at a Richmond-area pain management practice.
According to court documents, Dr. Zeljko Stjepanovic, 59, worked in a pain management practice, initially in Fredericksburg and later in Henrico County. Stjepanovic admitted that between 2014 and 2018 he wrote prescriptions for several patients without assessing the individual needs of those patients, and that his prescribing practices were outside the usual course of his professional practice and were without any legitimate medical purpose.
Authorities opened an investigation of Stjepanovic following numerous complaints from area pharmacies about his prescribing practices. As part of that investigation, two undercover officers, Patient 1 and Patient 2, made a total of four visits to Stjepanovic.
On at least two of those occasions, Stjepanovic prescribed Tramadol for Patient 1, but put the prescription in the name of Patient 2. Before the first instance, Stjepanovic notified both Patient 1 and Patient 2 that he knew what he was doing was illegal, but he proposed doing it nonetheless. On one of these occasions, Patient 1 was not even present when Stjepanovic wrote the Tramadol prescription. At no point did Stjepanovic or anyone working on his behalf ever obtain a medical history for Patient 1, conduct any physical examination or range of motion test for the patient, discuss causes of pain or what might alleviate it, consider any non-medicine based alternative treatments, or obtain or analyze any urine samples. Stjepanovic maintained no records for his treatment of Patient 1 on these two occasions.
On both of the occasions when Stjepanovic wrote a prescription for Patient 1 in the name of Patient 2, Stjepanovic also wrote a prescription for Oxycodone for Patient 2. As was the case with Patient 1, at no point did Stjepanovic or anyone working on his behalf ever obtain a medical history for Patient 2, conduct any physical examination or range of motion test for the patient, discuss causes of pain or what might alleviate it, consider any non-medicine based alternative treatments, or obtain or analyze any urine samples. Nonetheless, Stjepanovic falsely reported in his records for Patient 2 that he had done these things.
In addition, because Stjepanovic was concerned that writing prescriptions for Tramadol and Oxycodone for the same person might alert others to his scheme, he instructed Patient 2 what to tell the pharmacy if questioned about the two prescriptions.
Numerous other patients explained that their encounters with Stjepanovic were much the same as the ones he had with the undercover officers. Thus, patients stated that Stjepanovic performed either no or perfunctory examinations, changed medications because of concerns he would be caught by DEA rather than for legitimate medical reasons, steered these patients from certain pharmacies for fear he would get in trouble for his prescriptions, and made knowingly false entries in his files for the patients.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorneys Stephen W. Miller and Janet Jin Ah Lee prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-027.
Operation Shutdown Corner Update: Three More Defendants Enter Guilty Pleas to Federal Drug CrimesRead the Press Release
BECKLEY, W.Va. – Three men pled guilty today for their participation in a drug trafficking operation in Raleigh County, announced United States Attorney Mike Stuart. Nick Attilli, 38, of Beaver, pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Timmy Lawson, 40, and Timmy Lawson II, 18, a father and son, both of Beckley, also entered guilty pleas to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. All three were charged as a result of a long-term investigation known as Operation Shutdown Corner.
“We owe a debt of gratitude to law enforcement for shutting down this organization that was peddling a significant amount of meth and heroin throughout our southern counties,” said United States Attorney Mike Stuart. “Taking down large networks of drug traffickers is a top priority of my office.”
Attilli admitted that between June 2018, and September 17, 2019, he worked with other members of a drug trafficking organization (DTO) operating in Raleigh County, West Virginia to distribute methamphetamine and heroin. Attilli admitted that during this time period he was supplied with methamphetamine and heroin from other members of the drug trafficking organization. Attilli admitted that during this time period he had telephone conversations that were intercepted by law enforcement. Attilli admitted that it was clear that these conversations were involving drug activity. He admitted that at times he was “fronted” with drugs, meaning the drugs were provided without making full payment for them, then he would sell the drugs and with the proceeds, pay back his suppliers. He admitted to being supplied by several members of the DTO. Attilli faces a mandatory minimum sentence of five years and up to 40 years in prison and a fine of up to $5,000,000 when he is sentenced on July 6, 2020.
Timmy Lawson admitted that between June 2018 and September 17, 2019, he participated in the drug trafficking organization by working with other members of the DTO to distribute methamphetamine and heroin within the Southern District of West Virginia. During this time period, Lawson admitted to obtaining more than 50 grams of methamphetamine and a quantity of heroin from various suppliers within the drug trafficking network that he intended to re-distribute.
Timmy Lawson, II, admitted that he too participated in the same drug trafficking network. He admitted that between June 2018 and September 17, 2019, he participated in the drug trafficking network by distributing more than 50 grams of methamphetamine and a quantity of heroin. At the plea hearing, Lawson II admitted that each week during a two-month period he obtained between one-quarter ounce to one-half ounce of methamphetamine and a quantity of heroin from other members of the DTO. He admitted that he then re-distributed those drugs within the Southern District of West Virginia. He also admitted that at times the drugs were “fronted” to him, and that he would pay his supplier after the drugs were sold.
Both of the Lawsons face a mandatory minimum period of five years and up to forty years in prison and a $5,000,000 fine when they are sentenced on July 7, 2020.
Stuart commended the cooperative investigative efforts of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department, and the West Virginia State Police.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecutions. The plea hearings were held before United States District Judge Frank W. Volk.
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Omaha Man Convicted of Theft of Mail by a Postal EmployeeRead the Press Release
United States Attorney Joe Kelly announced that Tristen Stoker, 21, of Omaha, Nebraska, was sentenced in federal court in Omaha on February 21, 2020, for Theft of Mail by a Postal Employee. United States District Judge Robert F. Rossiter, Jr. sentenced Stoker to time served. There is no parole in the federal system. Stoker will begin a 3-year term of supervised.
On June 2, 2019, Stoker, a rural mail carrier with the United States Postal Service, was stopped by the Douglas County Sheriff’s Office for a traffic infraction in his vehicle. Stoker allowed the deputies to search his vehicle. During the search of his vehicle, the deputies found a backpack containing a large quantity of mail that was not addressed to Stoker. Stoker told the deputies that he had the mail since he was a rural mail carrier and he had not been able to deliver it on Saturday, June 1, but would be delivering it on Monday, June 3. The deputies noticed that some of the mail had been opened. The deputies noted that most of the mail opened were envelopes that appeared to contain birthday cards, wedding invitations, or thank you cards, which would typically include money. Deputies also observed four opened envelopes, which contained credit or debit cards. Deputies also found an opened envelope that contained a check. The mail in Stoker’s vehicle was from his assigned mail route, which is an area where mail thefts had been reported.
This case was investigated by the Douglas County Sheriff’s Office and the United States Postal Service – Office of the Inspector General.
Off-Site Manager of Marijuana Grow in Shasta-Trinity National Forest Sentenced to 10 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Dimas Ortiz, 26, of Michoacán, Mexico, was sentenced today by U.S. District Judge Kimberly J. Mueller to 10 years in prison and ordered to pay $10,000 in restitution to the U.S. Forest Service for growing marijuana on the National Forest and for depredation of Public Lands and Resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, Ortiz oversaw the marijuana growing operations of several other men in the Shasta-Trinity National Forest to the west of Weaverville, near Limedyke Mountain, at an elevation of approximately 2,500 feet. On Aug. 7, 2017, law enforcement officers executed a search of the grow and eradicated more than 2,500 marijuana plants. A camp site was found where the on-site workers had camped. Ortiz oversaw the operation from a distance. He helped finance the operation, provided the supplies for the grow site, and directed the activities of his co-defendants. Ortiz expected the operation to yield 800 pounds of processed marijuana, worth $500,000, of which he was to receive 25%. In 2016, Ortiz was the driver for the same grow site and he and others harvested approximately 800 pounds of processed marijuana.
The environmental damage to the forest was analyzed and documented by Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems that has examined over 100 public land marijuana grow sites.
According to the report of the investigation filed with the court, at this grow site, a half-full 33.8‑oz. bottle of carbofuran was found hidden among the fertilizer bags and a bag containing an estimated 20 pounds of suspected powder carbofuran. Carbofuran is a toxic pesticide that is banned in the United States. A food bottle found at the site had been reused and contained a mixture of refried beans and carbofuran (suspected bait for animals). The environmental assessment concluded that the carbofuran and other pesticides and fertilizer at the grow site likely posed a significant direct risk to a number of endangered species, including the bald eagle, the northern spotted owl, and the coho salmon. Four cisterns were discovered with water diverted from mountain streams for use in the marijuana grow’s irrigation system with an estimated 4,500 feet of plastic irrigation lines for water and over 2,200 pounds of soluble fertilizer. The report estimates that the operation used over 15,000 gallons of water per day. Open campsite latrines were also found in proximity to waterways that would cause watershed contamination from the latrines’ fecal matter after the next substantial rain. About 1,000 pounds of trash and 500 pounds of plastic irrigation lines were hauled out of the site. Tests on samples of the marijuana plants determined that carbofuran was present in the plant material.
This case was the product of an investigation by the U.S. Forest Service with the assistance of agents from the U.S. Bureau of Land Management, the California Department of Fish and Wildlife, the North State Marijuana Investigation Team and deputies of the Trinity County Sheriff’s Office. Assistant U.S. Attorney David W. Spencer prosecuted the case.
Sebastian Martinez Arreola, of Michoacán, Mexico, who had been in the grow site approximately 11 days at the time of his arrest, pleaded guilty to marijuana cultivation charges, and on Feb. 28, 2018, was sentenced to 20 months in prison. Carlos Gutierrez Gonzalez, 25, of Michoacán, Mexico, was sentenced to 50 months in prison. On Dec. 17, 2018, Armando Mayorga Garcia pleaded guilty and is scheduled to be sentenced on March 30.
North Platte Man Sentenced for Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Ronald Garnett, 49, of North Platte, Nebraska, was sentenced on February 24, 2020, to 84 months in prison by Senior United States District Judge Laurie Smith Camp for distribution of 5 grams or more of actual methamphetamine. There is no parole in the federal system. Upon his release from prison, Garnett will serve four years of supervised release.
On October 25, 2017, Garnett sold an ounce of methamphetamine to a cooperating individual working for law enforcement in North Platte for $1,200. The lab result was 25 grams of actual methamphetamine.
This case was investigated by the North Platte Police Department.
Mother and Son Sentenced for Conspiracy to Obstruct JusticeRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Donna Mahar, 61, of Danvers, Massachusetts, was sentenced today for conspiracy to obstruct justice. District Judge Christina Reiss ordered defendant Mahar to a time-served (one day) incarcerative sentence, a six-month term of home detention, a 3-year term of supervised release, and a $10,000 fine. Mahar’s son, Derek Spilman, 45, of Winooski, Vermont, was sentenced December 16, 2019 to a 29-month term of incarceration for his convictions stemming from a conspiracy to distribute marijuana, his unlawful possession of firearms, and the conspiracy to obstruct justice. As part of his plea agreement, defendant Spilman agreed to the entry of a forfeiture money judgment in the amount of $50,000, half of which Spilman had paid prior to his sentencing hearing.
According to Court records, in the late summer of 2018, defendant Spilman began distributing marijuana and THC-infused edibles from his Church Street business, “Goodtimes Gallery.” In December of 2018, following complaints from the community, Spilman’s marijuana inventory was confiscated by an investigator with the Vermont Department of Liquor and Lottery. Defendant Spilman continued to sell marijuana from the business. As a result, the Burlington Police Department and Drug Enforcement Administration (DEA) conducted a joint investigation that included controlled purchases of marijuana from Spilman’s business. On January 29, 2019, law enforcement executed a federal search warrant at the business, during which agents seized approximately $11,000 of drug proceeds, a half kilogram of marijuana, a Ruger 9mm handgun, and ammunition. Additional investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) revealed that Spilman also had possessed a Panther AR rifle, a Smith & Wesson .40 caliber pistol, and a Ruger .22 caliber rifle.
After his arrest, defendant Spilman vandalized the storefront of another Church Street business, which was owned by a government witness. The vandalism resulted in the government filing a motion to revoke defendant Spilman’s pretrial release. Prior to the revocation hearing, defendants Spilman and Mahar attempted to pressure a friend of Spilman’s to obstruct the proceeding. When those efforts failed, defendants Spilman and Mahar enlisted a family member in the scheme. Defendant Mahar cut the man’s hair to better match Spilman’s; defendant Spilman gave the man funds to purchase a jacket to match the one that Spilman wore during the vandalism; and defendant Spilman coached the man on what to say to defense investigators. During the revocation hearing before a United States Magistrate Judge, the man committed perjury in furtherance of the conspiracy to obstruct justice, falsely claiming responsibility for the vandalism. Subsequent investigation by the DEA confirmed the perjury, and that defendants Mahar and Spilman had procured the perjury. The investigation also revealed that after the unlawful interference with the revocation hearing, defendant Spilman continued to distribute marijuana while on court-ordered location monitoring.
United States Attorney Christina E. Nolan commended the investigative efforts of the Drug Enforcement Administration; the Burlington Police Department; the Bureau of Alcohol, Tobacco, Firearms, & Explosives; and the Department of Liquor and Lottery Office of Compliance and Enforcement, in the successful arrests and prosecution of defendants Spilman and Mahar.
Defendant Mahar was represented by Frank J. Twarog, Esq. Defendant Spilman was represented by Lisa Shelkrot, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.
Mexican National Pleaded Guilty to Illegal Use of a Social Security NumberRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that HECTOR SILVA-TOLENTINO, age 29, pleaded guilty on February 18, 2020 to a one-count Bill of Information for illegal use of a social security number in violation of Title 42, United States Code, Section 408(a)(7)(B).
According to the bill of information, HECTOR SILVA-TOLENTINO (“SILVA”), presented a false identification document in order to obtain a Louisiana Driver’s License in Napoleonville, Louisiana. SILVA used the driver’s license to obtain employment on offshore oilrigs.
SILVA faces a maximum term of imprisonment of five years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment. Judge Jane Triche Milazzo scheduled sentencing for March 18, 2020.
U.S. Attorney Strasser praised the work of the Social Security Administration, Office of the Inspector General and the United States Border Patrol in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
Metro Denver Man Agrees to Community Service and $500 Charitable Donation After Failing to Appear for Federal Jury DutyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Emil Francis Ozaraga has agreed to perform 50 hours of community service and pay $500 to charity as a consequence of failing to show up after being selected as a juror in U.S. District Court in Denver. This was part of a Diversion Agreement entered between the U.S. Attorney and Ozaraga. If Ozaraga fails to perform as per the agreement he could face a criminal charge and potential incarceration.
According to court records, Emil Francis Ozaraga was summoned to jury duty on October 21, 2019, in U.S. District Court in Denver. On that date, he was selected to sit on the jury in a civil case. Ozaraga was sworn in as a juror, heard opening statements of the parties, and heard testimony from the plaintiff’s first witness. At the end of the day on October 21, 2019, the jury was released, but before they left all jurors were told that they were required by the Court to return the following day, Tuesday, October 22, 2019, in time for court proceedings to resume at 9:00 a.m.
On that following morning, Ozaraga neither appeared for the court proceedings nor called to advise as to why he did not appear. All other jurors were present and prepared to proceed with trial. A later review of the jury questionnaire found that Ozaraga expressed disdain for the jury system. As a result, the court initiated criminal contempt proceedings against Ozaraga.
“Jury service is a civic right and an important obligation,” said U.S. Attorney Jason Dunn. “Our system of justice requires the participation of every citizen, and we will seek to hold accountable those that deliberately shirk their duty.”
Melrose Park, IL man Sentenced to 15 Years in Federal Prison for Federal Kidnapping and transporting his victim from Wisconsin to IllinoisRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on February 21, 2020, Wayne Grills (age 57), Melrose Park, IL was sentenced to 15 years in federal prison followed by five years of supervised release. The Court further imposed a restitution order for $8,515.80 and a special assessment of $100.00.
The sentence imposed by United States District Judge J.P. Stadtmueller, was the result of a guilty plea entered by the defendant on November 16, 2019. Grills pled guilty to unlawfully and willfully seizing, kidnapping, abducting, and carrying away the victim from Wisconsin to Illinois, and holding her for purposes of retaliation, in violation of Title 18, United States Code, Section 1201(a)(1).
Despite a history of Domestic Violence which caused the victim to end their relationship in September, 2017, Grills tried repeatedly to contact the victim but she blocked his calls, and filed a complaint with the Greenfield Police Department for which Grills was ticketed for harassing behavior. After not having contact with Grills for ten months, on June 9, 2018, the victim awoke in the middle night to find Grills at the foot of her bed after he broke into the home she shared with her three children. He forced her into his van and took her, by gun point, from Milwaukee to Chicago. Along the way, he stopped her from escaping and raped her. Through the heroic efforts of the Greenfield Police Department, the victim was found, held against her will, in the defendant’s garage in Melrose Park, IL.
In sentencing the defendant, Judge Stadtmueller stated “Mr. Grills learned very little when it comes to respect of the law, to respecting family and to respecting the community.” He also said, “There is no excuse at all for what the defendant did.” He commented that he had a very lengthy record compromised of 16 criminal convictions that counted under the guidelines and many that did not and also had 32 arrests.
This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Milwaukee County District Attorney’s Office, and the Greenfield Police Department. It was prosecuted by United States Assistant United States Attorneys Megan J. Paulson and Benjamin A. Wesson.
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Man Sentenced to 292 Months in Prison for Enticing a Minor on Social MediaRead the Press Release
A man illegally residing in the United States was sentenced in federal court Monday for attempting to persuade an 11-year-old online to engage in sexual activity. Two years earlier, the defendant also molested the child while she stayed at a friend’s house.
U.S. District Judge Claire V. Eagan sentenced Agustin Nieto Regalado, 47, of Tulsa, to 292 months in federal prison for attempted coercion and enticement of a minor and for possession of a false lawful permanent resident card. Following his prison sentence, Nieto will be removed from the United States.
“Augustin Nieto Regalado sexually abused multiple children while in the United States on a fake green card. The United States asked the court for a sentence of life imprisonment because we believed a life sentence was the only way to ensure Regalado could never hurt another child. We take solace, however, knowing he is headed to prison for a long time and that a jury held him accountable for his despicable acts,” said U.S. Attorney Trent Shores. “During this trial, an eleven-year-old sexual abuse victim took the witness stand and courageously faced her abuser, Regalado. It was a powerful moment to see and a reminder that the American justice system gives a voice to victims of crime. I am humbled by the efforts of law enforcement, victim advocates, and prosecutors who worked tirelessly on this case.”
“Investigating, prosecuting and eradicating perpetrators of these horrendous crimes from our communities is one of our highest priorities,” said Ryan L. Spradlin, special agent in charge of HSI Dallas. “HSI special agents are resilient and committed to relentlessly defending the most vulnerable among us from child predators.”
In April 2019, the victim’s mother grew suspicious of a Facebook message her daughter received from a man she knew as “Marcos Diaz.” The mother conversed with Diaz, pretending to be her daughter. Diaz acknowledged the child’s age and described sexual acts he wanted to engage in with the victim. He further offered to pay for the sex acts, asked for explicit pictures and described how he had previously molested the child. Marcos Diaz, who was really Agustin Nieto Regalado, also took sexually explicit photos of himself and sent them to the girl. The mother reported the encounter to authorities.
During the trial, Lieutenant Jeremy Noland of the Tulsa Police Department’s Cyber Crimes Unit explained that detectives took over the girl’s Facebook account once the mother reported Regalado. He described how the defendant continued to message the girl, not knowing that he was actually messaging detectives. A meeting location was set by the parties. When Regalado arrived at the location, he was taken into custody by detectives. The defendant was found in possession of a forged permanent resident card with the alias of Marcos Diaz and immigration documents with the name Agustin Nieto Regalado.
During the trial, testimony was heard that Regalado was also caught several times engaging in suspicious activity with other children.
The Tulsa Police Department’s Cyber Crimes and Child Crisis Units and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) and Enforcement and Removal Operations (ICE-ERO) are the investigative agencies. Assistant U.S. Attorneys Christopher Nassar and Edward Snow prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. 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 to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.justice.gov/psc.