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Tuesday 14 January 2020
Crime down across Northern District of West VirginiaRead the Press Release
WHEELING, WEST VIRGINIA – Crime across the Northern District of West Virginia, particularly violent crime, is falling. Nationwide, violent crime has decreased 3% from 2017 to 2018, according to the FBI. This is largest yearly decrease since 2013.
In the Northern District of West Virginia the decreases have been even greater. Decreases in violent crime exceeded 30% in Bridgeport, Martinsburg and Wheeling, but crime rates were lower across the district. The number of federal criminal defendants prosecuted in the district have increased by 50% since 2016.
“While federal prosecutions are at record levels, the focus upon violent crime by Attorney General Barr and the incredible work by local, state and federal law enforcement across the district have directly impacted the results. West Virginians are safer due to their great work. We anticipate this positive trend to continue,” said United States Attorney Bill Powell.All statistics were collected by the Uniform Crime Reporting Program, through local, county and state law enforcement.
Council Bluffs Man Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on January 14, 2020, Dustin Shawn Morrison, age 39, of Council Bluffs, was sentenced by United States District Court Judge Stephanie M. Rose for Possession with Intent to Distribute a Controlled Substance. Morrison was sentenced to 151 months in prison to be followed by a term of supervised release of five years.
On April 26, 2019, law enforcement was conducting a routine check of parolees when officers stopped Morrison. Morrison was found in possession of a bag containing three pounds of methamphetamine.
This case was investigated by the Council Bluffs Police Department, Southwest Iowa Narcotics Enforcement Task Force, and the Iowa State Parole Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Columbia Man Sentenced to Seven Years in Federal Prison for CarjackingRead the Press Release
Columbia, South Carolina ---- Acting United States Attorney A. Lance Crick announced today that Shawkeem Reese, 20, of Columbia, was sentenced to 84 months in federal prison after pleading guilty to using a firearm in furtherance of carjacking.
Evidence presented to the court showed that on June 29, 2019, Reese approached a victim seated in a Chrysler 300 vehicle parked near the Greenview area of Columbia. Reese then brandished a loaded firearm and directed the victim to exit the vehicle. Reese entered the vehicle and drove away. Minutes later, Columbia Police Department officers saw the car traveling on West Beltline Boulevard and began pursuit. Reese led officers in a high-speed chase, accelerating up to 110 miles per hour. Ultimately, Reese crashed the vehicle into three parked cars at a used car lot and fled on foot. Officers quickly apprehended Reese and located a firearm in the Chrysler 300.
Federal law prohibits Reese from possessing firearms based on his prior state convictions for burglary and assault and battery.
Senior United States District Judge Cameron M. Currie, of Columbia, sentenced Reese to 84 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system. Reese was also ordered to pay restitution to the victim.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Columbia Police Department. It was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant United States Attorneys Alyssa Leigh Richardson and Elliott B. Daniels of the Columbia office prosecuted the case.
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Chicago Man Charged with Stalking Federal Probation OfficerRead the Press Release
CHICAGO — A Chicago man who was recently released from federal prison has been arrested for allegedly stalking and harassing his probation officer.
ISAAC MYLES, 50, was arrested Friday on a federal complaint charging him with cyberstalking. A detention hearing is scheduled for today before U.S. Magistrate Judge Jeffrey Cole in Chicago.
The charge was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jason R. Wojdylo, acting Chief Deputy U.S. Marshal for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI. The government is represented by Assistant U.S. Attorney Michael J. Kelly.
Myles has been on supervised release since July 2018 after completing a federal prison sentence. An officer from the U.S. Probation Department was assigned to meet with Myles at his home or workplace and monitor his compliance with court-ordered conditions of release.
According to the complaint, Myles partially exposed his genitals to the officer during an official visit to Myles’s home in September 2018. The Probation Department then reassigned supervision of Myles to a different probation officer. More recently, Myles repeatedly called the initial officer, leaving sexually explicit voicemails on her phone and referring to the officer in obscene and degrading terms, the complaint states. From Dec. 1, 2019, to Jan. 2, 2020, approximately 29 calls were placed from Myles’s phone to the officer’s phone, according to the complaint.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Cyberstalking is punishable by up to five years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Chicago Man Charged with Stalking Federal Probation OfficerRead the Press Release
CHICAGO — A Chicago man who was recently released from federal prison has been arrested for allegedly stalking and harassing his probation officer.
ISAAC MYLES, 50, was arrested Friday on a federal complaint charging him with cyberstalking. A detention hearing is scheduled for today before U.S. Magistrate Judge Jeffrey Cole in Chicago.
The charge was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jason R. Wojdylo, acting Chief Deputy U.S. Marshal for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI. The government is represented by Assistant U.S. Attorney Michael J. Kelly.
Myles has been on supervised release since July 2018 after completing a federal prison sentence. An officer from the U.S. Probation Department was assigned to meet with Myles at his home or workplace and monitor his compliance with court-ordered conditions of release.
According to the complaint, Myles partially exposed his genitals to the officer during an official visit to Myles’s home in September 2018. The Probation Department then reassigned supervision of Myles to a different probation officer. More recently, Myles repeatedly called the initial officer, leaving sexually explicit voicemails on her phone and referring to the officer in obscene and degrading terms, the complaint states. From Dec. 1, 2019, to Jan. 2, 2020, approximately 29 calls were placed from Myles’s phone to the officer’s phone, according to the complaint.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Cyberstalking is punishable by up to five years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Charlotte Man Is Sentenced to Three and A Half Years in Prison for Stealing Thousands of Pieces of MailRead the Press Release
CHARLOTTE, N.C. – Erik Raymond Magana, 34, of Charlotte, was sentenced today to 42 months in prison for stealing thousands of pieces of mail from at least 1,300 victims in North and South Carolina, announced U.S. Attorney Andrew Murray. Magana was also ordered to serve one year in supervised release, and to pay $77,304 as restitution. Magana pleaded guilty on April 2, 2019, to mail theft and aggravated identity theft.
U.S. Attorney Murray is joined in making today’s announcement by David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service, and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department.
According to filed court documents and statements in court, from at least 2016 until November 2018, Magana routinely stole mail from residential mailboxes in neighborhoods in North and South Carolina. Magana typically targeted affluent neighborhoods, and committed the theft in the middle of the night or pre-dawn to avoid detection. Among the pieces of mail Magana stole were personal and business checks and credit cards, which he used to commit bank fraud and identity theft.
Court records show that Magana dumped some of the stolen mail at various locations in Charlotte, but hoarded the majority of it in his apartment. After cataloguing the mail recovered over the course of the investigation, law enforcement determined that Magana had stolen mail from at least 1,300 victims. According to statements made in court during Magana’s sentencing hearing, this was the largest recovery of stolen mail conducted by USPIS in the Charlotte region in at least 15 years. Due to the unsanitary conditions in Magana’s apartment, some of the recovered mail could not be properly identified or delivered to the intendent recipients, court records show.
Magana is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the U.S. Postal Inspection Service in Charlotte, and the Charlotte Mecklenburg Police Department, and noted that the case is the result of the Charlotte Financial Crimes Task Force (CFCTF). The task force was formed in early 2016 by the U.S. Postal Inspection Service and currently comprises over 25 local, state and federal law enforcement agencies located in the Western District of North Carolina. The goal of the taskforce is to focus on the identification and development of financial fraud investigations in the Charlotte area. Based on crime trends in the area, the task force began to focus its efforts on violent offenders with lengthy criminal histories who are committing fraud.
Assistant U.S. Attorney Caryn Finley, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Certified Public Accountant Pleads Guilty to Participating in Federal Contract Bribe Conspiracy and Committing Tax FraudRead the Press Release
LAS VEGAS, Nev. – Dustin M. Lewis, 45, of Henderson, Nev., pleaded guilty today for his role in a bribery scheme involving a federal contract and committing $1.5 million in tax fraud, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
According to court documents, Lewis was a certified public accountant employed by L.L. Bradford & Company, an accounting firm, in Las Vegas. Beginning in February 2015 through about February 2016, Lewis and co-conspirator Frederick J. Leavitt — a public official with the U.S. Department of Interior, Bureau of Reclamation (USBR) — devised and executed a scheme to defraud the United States. Leavitt had been assigned to a selection committee for awarding government contracts to perform auditing services for USBR programs. As part of the conspiracy, Lewis paid more than $150,000 in bribes to Leavitt. In exchange for those payments, Leavitt steered an audit contract to L.L. Bradford. Lewis and Leavitt agreed to conceal the bribe payment from others.
Further, in a separate scheme, Lewis and Leavitt conspired to file fraudulent tax forms for tax year 2013, on behalf of six business entities that, collectively, claimed over $11,000,000 in false and fraudulent business deductions. This caused a tax loss to the United States Treasury in excess of $1.5 million.
The FBI, the Internal Revenue Service – Criminal Investigation, and the Office of Inspector General for the Department of Interior investigated the case. Assistant United States Attorneys Steven Myhre and Patrick Burns are prosecuting.
Lewis is scheduled to be sentenced by U.S. District Judge Andrew P. Gordon on April 30, 2020. The maximum penalty for Honest Services Fraud Conspiracy is 20 years in prison and a $250,000 fine, and the maximum penalty for Conspiracy to Defraud the United States is five years in prison and a $250,000 fine. In addition, Lewis agreed to pay restitution of $704,002 to the Southern California Public Power Authority and to pay restitution of $220,770 to OneWest Bank. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Leavitt previously pleaded guilty and awaits sentencing on February 4, 2020.
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Cape Coral Man Sentenced for Fraudulent Scheme to Overharvest More Than 50,000 Pounds of Gulf Reef Fish from Southwest Florida WatersRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Mark Edward Zywotko (47, Cape Coral) to 60 days in federal prison, followed by 3 years of supervised release, for committing mail fraud in the perpetration of a fraudulent scheme to overharvest more than 50,000 pounds of Gulf reef fish from the waters off Southwest Florida. As part of his sentence, the court also ordered Zywotko to forfeit $286,260.74, representing the amount of proceeds he obtained as a result of the offenses, and to pay $291,884.69 in restitution to the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS).
Zywotko had pleaded guilty on August 2, 2019.
According to court documents, Zywotko was the captain of the Pine Island-based fishing vessel Little Z. From January 2013 through December 2017, Zywotko illegally overfished and sold at least 50,971 pounds of federally-regulated Gulf reef fish, including Red Grouper and Red Snapper, having a wholesale value of approximately $286,260.74. Zywotko then submitted false documents to state and federal agencies, including the NOAA’s NMFS, in order to conceal his overfishing.
“The prosecution of this case and the court's sentencing underscores the severity of this violation to our nation's marine resources and the businesses that depend on them,” said Tracy Dunn, Assistant Director, NOAA Office of Law Enforcement. “NOAA OLE will continue to pursue violations of the Individual Fishing Quota (IFQ) program and encourages the reporting of suspected IFQ violations to law enforcement.”
This case was investigated by National Oceanic and Atmospheric Administration National Marine Fisheries Service’s Office of Law Enforcement, Southeast Division and the Florida Fish and Wildlife Conservation Commission. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Canonsburg Man Pleads Guilty to Possession of Child Pornography Videos and ImagesRead the Press Release
PITTSBURGH, PA- A former resident of Canonsburg, Pennsylvania, pleaded guilty in federal court to possession of child pornography, United States Attorney Scott W. Brady announced today.
Kevin Francisco Torres-Gerena, 26, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that investigative efforts in connection with a Homeland Security investigation revealed that Torres-Gerena was the subscriber of an IP address associated with successful downloads of child pornography from an electronic device using that IP address. The court was further informed that law enforcement officials executed a federal search warrant at Torres-Gerena’s residence on September 5, 2018, and later uncovered, during forensic review of the electronic devices seized during the execution of the search warrant, 116 videos and 36 images depicting the sexual exploitation of minors, many of which involved children under the age of twelve.
Judge Fischer scheduled sentencing for May 28, 2020 at 9:30 AM. The law provides for a total sentence of not more than 20 years in prison, a fine of not more than $250,000, 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. The defendant remains on bond pending the sentencing hearing.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
Homeland Security Investigations, with the assistance of the Federal Bureau of Investigations San Antonio Field Office, the North Strabane Police Department and the Canonsburg Police Department, conducted the investigation leading to the prosecution of Torres-Gerena.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Camden Man Admits Role in Drug Trafficking OrganizationRead the Press Release
CAMDEN, N.J. – A member of a drug-trafficking organization today admitted his role in a conspiracy to distribute heroin in Camden, U.S. Attorney Craig Carpenito announced.
David Velez, 31, pleaded guilty before U.S. District Judge Renee Marie Bumb in Camden federal court to an information charging him with one count of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin.
Eleven other members – Ronnie Lopez, Nelson Salcedo, Paul Salcedo, Waldemar Garcia, William Carrillo, Elisa Rivera, Ramon Velez, Naeem Sadler, Jasmin Velez, Jameel Byng, and Kaliel Johnson – have previously pleaded guilty to their roles in the drug-trafficking conspiracy in the 500 block of Pine Street in Camden. Charges against six other defendants in this case remain pending.
The guilty pleas in this case reflect that the various members of the drug-trafficking organization sold heroin, crack cocaine and powder cocaine in and around the City of Camden.
According to documents filed in this case and other cases and statements made in court:
An investigation led by the FBI used surveillance tactics, confidential informants, consensual recordings, over 40 controlled drug purchases, record checks, a GPS vehicle tracker, and several court-authorized wiretaps to uncover the operations of the Camden drug-trafficking organization.
The count to which Velez pleaded guilty carries a mandatory penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a $5 million fine. Sentencing is scheduled for April 20, 2020.
U.S. Attorney Craig Carpenito credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael T. Harpster; the Camden County Police Department, under the direction of Chief Joseph Wysocki; the Camden County Prosecutor’s Office, under the direction of Acting Prosecutor Jill S. Mayer; the Camden County Sherriff’s Department, under the direction of Sheriff Gilbert L. Wilson; the Cherry Hill Police Department, under the direction of Chief William P. Monaghan; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s guilty plea. He also thanked the Drug Enforcement Administration, the U.S. Marshals Service, and the Department of Homeland Security for their assistance.
This case is being 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. Attorneys Sara A. Aliabadi and Patrick C. Askin of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations against the other defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Defense counsel: Mark Catanzaro Esq., Mount Holly, New Jersey
California meth trafficker sentenced to 10 years in prisonRead the Press Release
BILLINGS—A California man who admitted transporting methamphetamine to Billings for distribution in Montana was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Oscar Antonio Valenzuela, 27, of Calexico, CA, pleaded guilty in July to conspiracy to possess with intent to distribute meth.
Chief U.S. District Judge Dana L. Christensen presided.
The prosecution said in court records that Valenzuela was among a group of couriers who brought meth from Mexico to Billings in 2017 and 2018. Investigators learned of Valenzuela in early 2017 when they received cell phone records from phones seized from individuals distributing meth in Montana. A search warrant on a phone seized from a cooperating distributor showed months of text messages between the distributor and Valenzuela about transporting meth to Billings. The distributor also identified Valenzuela as the driver of a car that brought 20 pounds of meth to Billings. Twenty pounds of meth is the equivalent of about 72,480 doses and has a street value of about $150,000. Other witnesses involved in meth trafficking identified or provided information about Valenzuela.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI Transnational Organized Crime West task force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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California Man Pleads Guilty to Drug TraffickingRead the Press Release
KANSAS CITY, Mo. – A Montclair, California, man pleaded guilty in federal court today to drug trafficking after transporting more than four pounds of heroin and approximately five pounds of fentanyl aboard a bus en route to New York City.
Daniel O. Villanueva, 20, pleaded guilty before U.S. District Judge Gary A. Fenner to possessing fentanyl with the intent to distribute. Villanueva has been in federal custody without bond since his arrest on Oct. 3, 2019.
According to court documents, detectives with the MoWIN (Missouri Western Interdiction and Narcotics) Task Force contacted Villanueva at a local bus station when he disembarked from a bus originating from Los Angeles, California, en route to New York City. Villanueva gave detectives permission to search his backpack in the overhead bin in the passenger compartment of the bus. No contraband was found in the backpack.
Near Villanueva’s backpack was a green backpack, which Villanueva claimed did not belong to him. Detectives removed the green backpack and a police service canine alerted to the presence of controlled substances inside the backpack. When passengers boarded the bus, detectives asked whether the backpack belonged to any of them. No one claimed the backpack, so detectives removed it from the bus and searched it. They found four bundles, concealed within men’s clothing, which contained a total 2.022 kilograms (approximately 4.4 pounds) of heroin and 2.27 kilograms (approximately five pounds) of fentanyl.
Villanueva, who had been escorted off the bus, told detectives the green backpack was his. Villanueva told detectives he was to be paid $5,000 to deliver the heroin and fentanyl to New York City.
Under federal statutes, Villanueva is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Drug Enforcement Administration and the Kansas City, Mo., Police Department.
California Fraudster Sentenced in Maryland to Four Years in Federal Prison for A Credit Card Fraud Scheme with Losses of More Than $1.365 MillionRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Osakwe Ismael Osagbue, age 32, of Los Angeles, California, to four years in federal prison, followed by three years of supervised release, for mail fraud and aggravated identity theft, in connection with a scheme to obtain and use fraudulent credit cards, resulting in a loss of at least $1,365,746.24. Judge Xinis also entered an order requiring Osagbue to forfeit and to pay restitution of $1,365,746.24. The sentence was imposed on January 13, 2020.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service- Washington Division; and Special Agent in Charge Matthew Miller of the United States Secret Service - Washington Field Office.
According to Osagbue’s plea agreement, from December 2016 through December 2018, Osagbue obtained bank-issued credit cards in the names of other individuals and businesses, without their knowledge or consent, which he had mailed to addresses in Maryland and elsewhere. Osagbue admitted that he then used those credit cards to conduct unauthorized transactions through Square tokens. A Square token was a physical magnetic strip or chip reader that a merchant could attach to a mobile device and use as a point of sale (POS) terminal to conduct payment card transactions.
As detailed in his plea agreement, Osagbue made it appear that these transactions were being conducted by legitimate merchants, such as plastic surgery centers, when in fact they were being conducted by Osagbue for his own benefit. To conceal the scheme, Osagbue altered the global position system (“GPS”) location information for transactions conducted through the Square tokens to match the general location of the merchant that appeared to be conducting the transaction. The proceeds of these transactions were deposited into bank accounts, which Osagbue opened in the names of other individuals and companies. Osagbue subsequently withdrew the funds, often using automated teller machines (ATMs). Bank surveillance images show Osagbue using ATMs located in California, Georgia, and Maryland to withdraw funds.
Osagbue admitted that the loss attributable to the scheme to defraud and reasonably foreseeable as to him was at least $1,365,746.24, and that the scheme involved more than 10 victims.
United States Attorney Robert K. Hur praised the U.S. Postal Inspection Service and the U.S. Secret Service for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jessica C. Collins and Gregory Bernstein, who prosecuted the case.
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California Aviator Convicted of Making False StatementsRead the Press Release
SAN FRANCISCO – Nicholas King Beyer was convicted in United States District Court today of making false statements to the Federal Aviation Administration (FAA) on pilot medical certification forms, announced United States Attorney David L. Anderson; U.S. Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Special Agent in Charge James Wahleithner; and U.S. Department of Transportation Office of Inspector General Regional Acting Special Agent in Charge Susan Ocampo. The verdict was handed down today following a half-day bench trial before the Honorable Charles R. Breyer, U.S. District Judge.
Judge Breyer found Beyer, 34, of Discovery Bay, Calif., guilty on two counts of making false statements to the FAA, in violation of 18 U.S.C. § 1001(a)(2), and two counts of falsifying, concealing, or covering up material facts by trick, scheme, or device, in violation of 18 U.S.C. § 1001(a)(1).
Evidence at trial showed that Beyer made false statements on applications for an airman medical certificate, FAA Form 8500-8, which he submitted to the FAA in 2016, and again in 2018. The FAA’s airman medical certificate process is the mechanism by which the FAA evaluates whether pilots are mentally and physically fit to fly. The evidence showed that Beyer falsely stated on both of his Form 8500-8s that he had never been diagnosed with, did not have, and had never had a mental disorder of any sort; when in fact Beyer had been diagnosed with Major Depressive Disorder by the Department of Veterans Affairs (VA) in 2016. The evidence also showed that Beyer falsely stated on the forms that he was only receiving disability benefits for knee and back injuries from the VA, when he was also receiving disability benefits for Major Depressive Disorder.
A federal grand jury indicted Beyer on August 23, 2018, charging him with two counts of making false statements to the FAA, in violation of 18 U.S.C. § 1001(a)(2), and two counts of falsifying, concealing, or covering up material facts by trick, scheme, or device, in violation of 18 U.S.C. § 1001(a)(1). Judge Breyer convicted Beyer on all four counts.
Judge Breyer scheduled the defendant’s sentencing hearing for April 22, 2020.
Beyer faces maximum statutory penalties of five (5) years imprisonment and a fine of $250,000, plus restitution for each violation of 18 U.S.C. § 1001(a)(2) and each violation of 18 U.S.C. § 1001(a)(1). However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Special Assistant U.S. Attorney Alexandra Shepard and Assistant U.S. Attorney David Ward are prosecuting the case with the assistance of Hector Lopez. The prosecution is the result of an investigation by the Department of Transportation Office of Inspector General and the Department of Veterans Affairs, Office of Inspector General.
Businessman Sentenced to Two-And-A-Half Years Imprisonment for Conspiring to Bribe Veterans Affairs OfficialRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced today that Anthony Bueno, age 45, was sentenced to serve 30 months in federal prison followed by 3 years of supervised release for his role in a conspiracy to bribe a VA official so that clients of his company would gain an unfair advantage in the VA contracting process. Bueno was remanded into custody immediately after the sentencing hearing. The FBI’s Denver Field Office and the Veterans Affairs Office of Inspector General, Criminal Investigations Division, Central Field Office joined in today’s announcement.
According to court records, Bueno and his business partner, Robert Revis, agreed to help an undercover FBI agent, who was posing as a veteran and small business owner, bribe a contracting specialist at the VA’s Network Contracting Office in Colorado, Dwane Nevins. As part of the bribery scheme, Bueno and Revis, working with Nevins, agreed to submit bids from small businesses owned by veterans disabled during military service (one of whom was the undercover FBI agent) under contract with Buenon and Revis’ consulting company so that federal contracts would be set aside for only those companies. As Bueno explained to the undercover agent, the conspirators would then “own all the dogs on the track”, meaning their clients were guaranteed to get the contracts. Bueno, Revis and Nevins worked to conceal the nature of the bribe payments by either kicking back to Nevins a portion of the payments made to the consulting company, or by asking the consulting company’s clients to pay Nevins directly for sham training classes related to federal contracting.
Dwane Nevins, who pleaded guilty in September 2019 to every count of an indictment charging him with this scheme, including counts of conspiracy, receiving bribes, extortion, and criminal conflicts of interests, is scheduled to be sentenced on February 19, 2020. Robert Revis pleaded guilty in April 2019 to an Information charging him with a single count of supplementing the salary of a federal official. His sentencing hearing is scheduled for March 2, 2020. Bueno pleaded guilty on September 17, 2019.
Bueno has also pleaded guilty to conspiring to launder money arising from a completely separate wire fraud scheme in which he used false representations about investment opportunities to take over a million dollars from several victims. Sentencing in that case, pending before United States District Judge William J. Martinez, is scheduled for January 23, 2019.
“Illegally manipulating the government contracting process will result in harsh consequences,” said U.S. Attorney Jason Dunn. “Mr. Bueno will now have more than 2 years in federal prison and a lifetime as a convicted felon to think about the harm he caused taxpayers.”
“As today’s sentencing of Anthony Bueno demonstrates, we will continue to hold accountable those individuals who, at the expense of our veterans and taxpayers, engage in corrupt schemes to defraud the government," said FBI Denver Special Agent in Charge Dean Phillips.
“This sentence illustrates the serious consequences of undermining the federal contracting process,” said Gregg Hirstein, Special Agent in Charge, U.S. Department of Veterans Affairs, Office of Inspector General. “We will always hold accountable those who seek to corrupt the VA’s business practices.”
The case was jointly investigated by the Federal Bureau of Investigation, the U.S. Department of Veterans Affairs Office of Inspector General, with substantial assistance from the U.S. Small Business Administration Office of Inspector General.
The defendant was sentenced by U.S. District Court Judge R. Brooke Jackson and was prosecuted by Assistant United States Attorneys Bryan D. Fields and Hetal J. Doshi.
Buffalo Man Pleads Guilty to Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcello Wiggins, aka Slurp, 37, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possessing with intent to distribute butyryl fentanyl; possessing a firearm in furtherance of drug trafficking; and possessing with intent to distribute 28 grams or more of crack cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that on March 8, 2019, Buffalo Police Officers responded to an “unknown trouble” 911 call on Gatchell Street. When officers arrived, they observed the defendant engaged in an argument with a female with his arms wrapped around her body. As officers began to get out of their marked patrol vehicle, Wiggins fled. One of the officers pursued the defendant on foot along Gatchell Street and observed Wiggins toss a firearm beneath a parked vehicle. The firearm, a semi-automatic pistol bearing a defaced serial number, was recovered and the defendant was arrested, searched, and found in possession of suspected controlled substances. Subsequent testing determined that the substances were cocaine, a mixture of heroin and fentanyl, and a mixture containing butyryl fentanyl.
On April 12, 2019, the defendant was again arrested after he was stopped in a taxi cab arriving at a residence on Tuxedo Place in Buffalo. Wiggins, who was a backseat passenger, was removed from the vehicle and taken into custody. In plain view on the floor of the taxi, officers observed a bag containing suspected controlled substances and a digital scale. Another bag of suspected controlled substances was observed on the ground in the area from which the defendant had been removed from the taxi. Subsequent testing determined that the bags contained butyryl fentanyl, and crack cocaine.
The plea is the result of an investigation by Homeland Security Investigations Border Enforcement Security Team Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff's Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing will be scheduled at a later date.
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Billings tattoo parlor owner sentenced for meth traffickingRead the Press Release
BILLINGS—A Billings man convicted of trafficking methamphetamine, including selling the drug at his tattoo parlor, was sentenced today to 15 years and eight months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Charles Eugene Venditti, 42, was convicted by a jury in August on all five counts in an indictment, including conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and three counts of distribution.
Chief U.S. District Judge Dana L. Christensen presided.
Prosecutors presented evidence at trial that law enforcement received information in May 2018 that Venditti was distributing meth. An investigation included having a confidential informant make three monitored meth buys from Venditti, including two buys that occurred at Venditti’s tattoo business, at 145 Grand Ave., and one in Venditti’s vehicle. Each purchase was for an ounce of meth for $800.
Law enforcement served search warrants on Venditti’s residence and business and another person’s residence. The search found drug paraphernalia and a small amount of meth at Venditti’s residence.
Assistant U.S. Attorneys Tom Godfrey and Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Baton Rouge Man Sentenced to Federal Prison for Illegally Possessing a FirearmRead the Press Release
United States Attorney Brandon J. Fremin announced that Chief Judge Shelly D. Dick sentenced Tevontae Harris, age 25, of Baton Rouge, Louisiana, to 97 months in federal prison to run consecutive with his other pending state charges, following his conviction of possessing a firearm by a convicted felon. The Court further sentenced Harris to three years of supervised release following his term of imprisonment and ordered that the firearm and ammunition involved be forfeited.
According to admissions made as part of his guilty plea, on March 18, 2019, Livingston Parish Sheriff deputies were conducting surveillance of Harris’ condo complex in Denham Springs, Louisiana. While there, they observed Harris retrieve a Mirco Draco, 7.62x39 mm semi-automatic pistol from the trunk of his vehicle. Harris then brought the firearm into his residence. LPSO obtained a search warrant for Harris’ residence and recovered the firearm he was seen carrying into his residence. The firearm was loaded with an extended magazine containing 30 rounds of ammunition.
Prior to possessing the firearm, Harris was convicted in St. Landry Parish in January 2019, of attempted simple robbery.
U.S. Attorney Fremin stated, “Keeping firearms out of the hands of violent felons is a high priority for this office and our federal and local partners. This conviction and sentence sends a message that we will make every effort to ensure our communities are free of armed felons. I want to congratulate our prosecutor, the ATF, and the Livingston Parish Sheriff’s Office for their work on this case.”
“In our effort to disrupt violent gun crime in our community, ATF will continue to focus efforts on prohibited individuals, like Tevontae Harris, who unlawfully possess firearms,” said ATF Baton Rouge Field Office Resident Agent in Charge Mary Downie. “Reducing firearm related crimes and keeping our neighborhoods safe is the top priority for ATF.”
Livingston Parish Sheriff Jason Ard stated, ‘We do our best to be observant and to introduce the best evidence we can to prosecutors. I’m proud of my skilled deputies and am grateful that they choose to serve and protect in Livingston Parish. As always, I’m also thankful for our U.S. Attorney who is an excellent partner when it comes to fighting crime.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives, with substantial assistance from the Livingston Parish Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Jessica Thornhill.
Monday 13 January 2020
Wood County Man Sentenced to Five Years in Federal Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Benjamin Lee Parsons, 31, of Mineral Wells, was sentenced to 60 months in federal prison for possessing firearms after being involuntarily committed to a mental hospital. Upon release from prison, Parsons will serve three years of federal supervised release, during which he will receive mental health treatment. Stuart commended the investigative efforts of the Wood County Sheriff’s Department, the Parkersburg Police Department, the Federal Bureau of Investigation (FBI), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“We are simply not going to tolerate the possession of firearms by anyone that has been prohibited as a result of mental health considerations. We are not going to wonder why we didn’t do more after the fact,” said United States Attorney Mike Stuart. “Project Guardian is an important, innovative initiative of Attorney General Barr aimed at reducing gun violence. My office is working with ATF and other federal, state and local partners to identify, investigate and prosecute cases like this one where the threat of gun violence is real. Excellent work by the entire team on this important case.”
Beginning in 2016, Parsons was under investigation arising from making threats against police and others and claiming to have interest in terrorist organizations. In December 2015, he wore a mask to a church service in Mineral Wells. In January 2017, he told several witnesses at a church in Parkersburg that he was armed, that he had recently thought about shooting police, that he had been watching violent terrorist videos, and that he had communicated with foreign terrorists and discussed several “soft targets” in Wood County. The Wood County Sheriff’s Department responded and seized numerous firearms from his residence. Parsons was later involuntarily committed to a mental hospital by Wood County Circuit Judge Jason Wharton in February 2017. That adjudication prohibited him from possessing firearms under both state and federal law.
In October 2018, investigators learned that Parsons had acquired additional firearms including a high-capacity semiautomatic FNH model M249S 5.56 caliber assault rifle. The rifle is the semiautomatic civilian version of the Squad Assault Weapon (SAW) used by the United States military. Federal and local police learned that Parsons had obtained the weapon from another individual who told investigators that he had purchased it for Parsons from a licensed firearms dealer in Marietta, Ohio. Police arrested Parsons on October 31, 2018 on a federal charge of conspiracy to provide false information to a federally licensed firearms dealer during the acquisition of a firearm. On November 2, 2018, investigators executed a search warrant at a wooded area in Mineral Wells where Parsons had been living. When investigators executed the search warrant, they recovered the FNH assault rifle and a Molot 5.45x39mm rifle from a locked case Parsons kept at his campsite on the property. The FNH was loaded with approximately 190 rounds of belted ammunition in a drum magazine. Investigators also located and seized 12 magazines for the Molot loaded with 164 rounds of ammunition, 32 additional unloaded magazines, and approximately 640 rounds of 9mm and other rifle ammunition.
On May 20, 2019, Parsons pled guilty in federal court to possessing the SAW and Molot 5.45x39 rifle after being committed to a mental institution.
Assistant United States Attorney Joshua C. Hanks handled the prosecution. Senior United States District Judge David A. Faber presided over the plea hearing.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: the Wood County Sheriff’s Department, the Parkersburg Police Department, the Federal Bureau of Investigation (FBI), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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Wichita Man Pleads Guilty to Robbery at Family DollarRead the Press Release
WICHITA, KAN. – A Kansas man pleaded guilty today to committing an armed robbery at a Family Dollar in south Wichita, U.S. Attorney Stephen McAllister said.
Toney D. Williams, 25, Wichita, Kan., pleaded guilty in federal court to one count of robbery. In his plea, he admitted that on Oct. 1, 2019, he displayed a handgun when he robbed a Family Dollar at 2301 S. Seneca.
Sentencing is set for April 13. Both parties have agreed to recommend a sentence of 84 months in federal prison.
McAllister commended the FBI, the Wichita Police Department, the Safe Streets Task Force and Assistant U.S. Attorney Aaron Smith for their work on the case.
Wichita Man Drove Getaway Car in Series of RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty today to driving the getaway car in a series of commercial robberies, U.S. Attorney Stephen McAllister said.
Shaiquille Harris, 26, Wichita, Kan., pleaded guilty to four counts of robbery and one count of unlawful possession of a firearm by a felon. In his plea, Harris admitted participating in robberies at the following stores:
- Kwik Shop, 710 W. 29th, Wichita, Kan.
- Kwik Shop, 3959 S. Hydraulic, Wichita, Kan.
- Kwik Shop, 3601 E. 47th South, Wichita, Kan.
- QuikTrip, 2821 E. 31st South, Wichita, Kan.
Harris admitted that in each case he drove and a co-defendant entered the store to commit the robbery.
Co-defendant Brelen VonFange, 28, Wichita, Kan., is awaiting trial.
Sentencing for Harris is set for April 13. He could face up to 20 years in federal prison and a fine up to $250,000 on each robbery count and up to 10 years and a fine up to $250,000 on the firearm charge.
McAllister commended the FBI, the Wichita Police Department and Assistant U.S. Attorney David Lind for their work on the case.
West Haven Man Involved in Meriden Carjacking Sentenced to More Than 6 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DON MEEKER, 33, of West Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 73 months of imprisonment, followed by four years of supervised release, for his role in a Meriden carjacking
According to the evidence presented during Meeker’s trial, on January 1, 2016, two men from out of state who were driving a rented 2015 Volkswagen Passat were victims of an armed carjacking in the vicinity of Hobart Street and Myrtle Street in Meriden. The victims reported that they had asked an individual, later identified as Kyle Valentine, for directions at a gas station. Valentine told the victims to follow a car in which Valentine was a passenger. After traveling a few minutes, the car stopped. Valentine and Elbert Llorrens then exited the car and approached the Passat. Llorens pointed a handgun at one of the victims who was sitting in the passenger seat of the car, opened the door and stated “I want everything.” The victims exited the car and Llorens and Valentine stole their wallets and cell phones and then drove away in the Passat.
The investigation revealed that Meeker drove the car that the carjacking victims followed, and that Meeker provided the handgun to Llorens. After the robbery, Meeker, Llorens and Valentine spilt the money stolen from the victims.
On December 12, 2017, a jury found Meeker guilty of one count of taking a motor vehicle from a person by force and violence or by intimidation.
Llorens and Valentine, both of New Haven, previously pleaded guilty and have been sentenced.
This matter was investigated by the Federal Bureau of Investigation and the East Haven, Meriden, Milford, New Haven and West Haven Police Departments. The case was prosecuted by Assistant U.S. Attorneys Douglas P. Morabito and Patrick F. Caruso.
Two Vermont Men and Two Connecticut Men Plead Guilty to Conspiracy to Distribute Fentanyl and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, as of today, Samuel Fuller, 33, of Orleans, Vermont; James Bassett, 40, of North Troy, Vermont; Luis Luna, 28, of Hartford, Connecticut; and Edwin Martinez, aka “Pino,” 26, of Hartford, Connecticut, have each pleaded guilty to conspiring to distribute illegal narcotics, including fentanyl and cocaine base. The court will sentence Mr. Fuller on May 11, 2020, Mr. Bassett on April 20, 2020, Mr. Luna on May 11, 2020, and Mr. Martinez on April 9, 2020. The drug crimes all four defendants have pleaded guilty to carry 5 year mandatory minimum sentences and maximum sentences of 40 years. However, the sentences will be determined by the court with reference to the advisory U.S. Sentencing Guidelines.
All four defendants pleaded guilty to a conspiracy to distribute more than 40 grams of fentanyl. In addition, Fuller and Luna pleaded guilty to a conspiracy to distribute more than 28 grams of cocaine base. Luna and Martinez pleaded guilty to a conspiracy stretching from December 2018 to June 2019, while Fuller and Bassett pleaded guilty to a conspiracy ending in May 2019.
According to publicly available information, Edwin Martinez was Luis Luna’s fentanyl source during the charged time period, and Luis Luna, in turn, supplied Samuel Fuller with the fentanyl that originated with Mr. Martinez. After purchasing fentanyl from Luis Luna, Samuel Fuller would split the fentanyl with James Bassett, who had provided the money for the purchase from Luis Luna. In addition, Mr. Luna was Mr. Fuller’s cocaine base source and would sell cocaine base to Mr. Fuller, who would then sell it in Vermont. During the time period of the charged conspiracies, every two weeks or so, Mr. Fuller would collect money from Mr. Bassett, then, Mr. Fuller would communicate with Mr. Luna and order specific amounts of illegal drugs, including fentanyl and cocaine base. Then, on a date agreed upon by Mr. Fuller and Mr. Luna, Mr. Fuller would drive to Hartford, Connecticut where he would meet Mr. Luna at various locations. Mr. Luna would obtain fentanyl from Mr. Martinez and then sell it to Mr. Fuller. Mr. Luna would also sell cocaine base to Mr. Fuller. Once the transaction was over, Mr. Fuller would drive back to Vermont, split the fentanyl with Mr. Bassett, and they would each sell fentanyl to Vermonters. Mr. Fuller would also return to Vermont with cocaine base that he would sell to Vermonters. Mr. Bassett and Mr. Fuller had a customer base in the Northeast Kingdom, primarily in Caledonia and Orleans Counties.
The Federal Bureau of Investigation and Vermont State Police’s Drug Task Force conducted the investigation in this matter.
U.S. Attorney Christina Nolan praised the agencies’ collaborative investigation. She stated:
“Last November, we announced the arrest of 16 people in the Northeast Kingdom following the sustained deployment of law enforcement resources to combat the drug epidemic in that region of Vermont. We told drug traffickers to stop using the Interstate 91 corridor to ferry drugs to addicted individuals in Orleans and Caledonia counties and other parts of Vermont. We also promised that the Kingdom would never go overlooked by law enforcement and that we would continue to blanket the state with drug enforcement resources. With these convictions involving a drug pipeline running to the Northeast Kingdom from points south, we reiterate those messages. Out-of-state traffickers of highly-lethal drugs like fentanyl should not come to Vermont, and Vermonters in the business need to get out. Contrary decisions will lead to federal charges.”
The prosecution is being handled by Assistant U.S. Attorneys Paul Van de Graaf and Nikolas Kerest. Mr. Fuller is represented by Brooks McArthur, Esq. Mr. Bassett is represented by Mark Oettinger, Esq. Mr. Luna is represented by Natasha Sen, Esq. Mr. Martinez is represented by Kevin Henry, Esq.
Two Foreign Nationals Sentenced for Illegal Reentry into the U.S.Read the Press Release
NORFOLK, Va. – Two foreign nationals made court appearances today in connection with their respective charges for illegally re-entering the United States.
“Both of these defendants have shown a complete lack of respect for the laws of this country,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case represents an all too common scenario here in the Eastern District of Virginia: A defendant illegally enters the United States and then commits additional crimes while here illegally. This criminal conduct creates serious public safety risks for our communities, and has the full attention of my office and our law enforcement partners.”
In Norfolk federal court, Jorge Sormiento-Rodriguez, 46, of Honduras, was sentenced today to 21 months in prison for illegal reentry. Sormiento-Rodriguez illegally entered the United States sometime before 2010. He was arrested and convicted in 2010 for driving under the influence (DUI) in Norfolk, and again in 2011 for possession of narcotics but was deported prior to the adjudication on that charge. Sometime prior to December 2018, Sormiento-Rodriguez again illegally entered the United States. In December 2018, he was arrested in Norfolk for another DUI and possession of narcotics. He was convicted of the DUI and both narcotic charges in June 2019.
In Richmond, Reynaldo Ostorga-Rodriguez, 42, of El Salvador, pleaded guilty to illegal reentry. According to court documents, Ostorga-Rodriguez was first apprehended by Border Patrol in December 2004 along the border and allowed to return to Mexico. He then attempted to illegally enter the United States two more times and was apprehended and returned to Mexico. He later illegally entered the United States in February 2006, and in March 2006 he was arrested by the Chesterfield County Police for DUI. He was convicted and sentenced for both offenses. In May 2006, Ostorga-Rodriguez was arrested by the Virginia State Police for the felony violation DUI, convicted, and sentenced to three years in prison. He was released following completion of the sentence. In June 2010, Ostorga-Rodriguez was again arrested by the Chesterfield County Police for another DUI and related offenses, was convicted, and sentenced to five years in prison. Following completion of his sentence, on May 22, 2012, ICE removed him to El Salvador.
On an unknown date, Ostorga-Rodriguez again illegally reentered the United States. In October 2019, Ostorga-Rodriguez was arrested by the Richmond Police for DWI. He was later released from the Richmond City Jail without notification to ICE. In November 2019, Deportation Officers apprehended Ostorga-Rodriguez in a vehicle stop. Ostorga-Rodriguez was positively identified and taken into ICE custody. On Nov. 20, 2019, a federal grand jury returned the indictment to which the defendant pleaded guilty.
Ostorga-Rodriguez pleaded guilty to illegal reentry after removal following a felony conviction, and faces a maximum penalty of 10 years in prison when sentenced on April 14. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jim Stitzel, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement. Assistant U.S. Attorneys Elizabeth M. Yusi and S. David Schiller are prosecuting the cases.
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. 2:18-cr-192 (Sormiento-Rodriguez) and 3:19-cr-166 (Ostorga-Rodriguez).
Three Sentenced for Federal Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Three defendants were sentenced for federal drug crimes today by United States District Judge Robert C. Chambers, announced United States Attorney Mike Stuart.
“Three more drug dealers are on their way to federal prison for peddling their poisons in and around Huntington,” said United States Attorney Mike Stuart. “We continue our work with federal, state and local law enforcement to bust up drug dealers and to put drug thugs on notice -- if we find you, we will prosecute you to the maximum extent of the law.”
Quashane Varner, 22, of Akron, Ohio, was sentenced to 46 months in prison for possession with intent to distribute methamphetamine. Varner previously admitted that on March 9, 2018, officers with the Huntington Police Department searched his rental vehicle. Officers found two bags of methamphetamine in the center console. In total, officers found 47 grams of methamphetamine and a digital scale. The Huntington Police Department conducted the investigation.
Krystal Ewing, 31, of Huntington, was sentenced to 21 months in prison for conspiracy to distribute heroin and fentanyl. Ewing previously admitted that between December 2018 and May 2019 she conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia. Ewing admitted that she would travel to Detroit, Michigan to obtain heroin for George Lockhart for him to sell in Huntington. Ewing is the first defendant sentenced that was prosecuted as part of Operation Free Market, a long-term drug investigation in the Huntington area. The investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
Kenneth Alexander, 33, of Huntington, was sentenced to 13 months in prison for aiding and abetting the distribution of heroin. Alexander previously admitted that on August 1, 2018, he and another individual sold heroin to a confidential informant in the 1100 block of 9th Avenue in Huntington, West Virginia. The Cabell County Sheriff’s Department conducted the investigation.
Assistant United States Attorney Stephanie S. Taylor handled the prosecutions.
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St. Thomas Man Apprehended in Red Hook Shopping Center Parking Lot with a 9mm Handgun and Ammunition, Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
St. Thomas, USVI – Jabari Hodge, 29, of St. Thomas, pled guilty today to being a felon in possession of a firearm in U.S. District Court, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, on October 6, 2019 at approximately 1:10 a.m., VIPD officers approached the defendant, who was sitting in the driver’s seat of his parked vehicle, with the driver’s side door open, in the parking lot of a shopping center in the Red Hook area. The defendant was the only person located in the vehicle. Upon approaching the defendant, one of the officers noticed the smell of marijuana coming from the vehicle. The officer saw what appeared to be a marijuana on the floorboard near the defendant’s feet. Another VIPD officer noticed a partially-opened bag with what appeared to be a jar containing marijuana inside. The officers informed the defendant that they were going to search the vehicle, at which point the defendant stated, "Just take the weed and let me go." The officers proceeded to search the vehicle and located a fully loaded, silver and black 9mm Kel tec handgun with one round in the chamber and seven rounds in the magazine.
Prior to his October 6, 2019 apprehension, the defendant had been convicted of a crime punishable by imprisonment for a term exceeding one year and was not authorized to possess a firearm under federal law.
Hodge faces a sentence of up to ten years’ imprisonment, a three-year term of supervised release, and a fine of up to $250,000. However, should the court determine that the defendant is an armed career criminal, then the defendant will be subject to a mandatory minimum sentence of fifteen years’ imprisonment up to life imprisonment.
This case was investigated by the Virgin Islands Police Department in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and is being prosecuted by Assistant United States Attorney Juan A. Albino.
St. Thomas Man Apprehended After Discharging a .45 Handgun into a Business Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
St. Thomas, USVI – Arnold Malone, 44, of St. Thomas, pled guilty today to being a felon in possession of a firearm in U.S. District Court, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, on August 22, 2019, Virgin Islands Police Department officers responded to a call that an individual had discharged a firearm on St. Thomas.
When the officers arrived, they were unable to locate the man. Moments later, Central Dispatch advised the officers that the man had returned and discharged his firearm inside of a business establishment after he was denied entry by the manager. The officers traveled to the business establishment, and the manager advised them that the man was in the alley.
Officers made contact with the man, who was later identified as the defendant, Arnold Malone, and asked to speak with him in reference to the shooting. Officers asked the defendant if he had a license to possess a firearm in the United States Virgin Islands. The defendant responded that he did not. Officers conducted a pat down of the defendant and discovered a Lallamar Minimax X45 .45 caliber, with an extended magazine containing nine (9) rounds.
Prior to August 22, 2019, the defendant had been convicted of a crime punishable by imprisonment for a term exceeding one year and was not authorized to carry a firearm under federal law.
Malone faces a sentence of up to ten years’ imprisonment, a three-year term of supervised release, and a fine of up to $250,000. However, should the court determine that the defendant is an armed career criminal then the defendant will be subject to a mandatory minimum sentence of fifteen years’ imprisonment up to life imprisonment.
This case was investigated by the Virgin Islands Police Department in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and is being prosecuted by Assistant United States Attorney Juan A. Albino.
St. Louis City Man Pleads Guilty to Receiving Social Security Checks for a Deceased PersonRead the Press Release
St. Louis, MO –Robert Fountaine, 56, of St. Louis City, pled guilty to one count of theft of government funds. Fountaine appeared today before U.S. District Judge Henry E. Autrey who accepted his plea and set sentencing for April 14, 2020.
According to the plea agreement, Fountaine was cashing the Social Security checks of Ethel Barbee, who died in September 1999. Ms. Barbee was reportedly Fountaine’s step-mother, and Fountaine was receiving her benefit checks in the mail as her representative. Following Ms. Barbee’s death, Fountaine reported to the Social Security Administration that the monies received were continuing to go to Ms. Barbee, or to her care. In 2018, Fountaine stopped cooperating with the Social Security Administration reporting requirements, and only then were Ms. Barbee’s benefits were suspended. Due to the concealment of Ms. Barbee’s death and the continued collection of her SSA benefits, Fountaine received $144,465.30 in government benefits to which he was not entitled.
The Social Security Administration is investigating the case. Special Assistant United States Attorney Diane Klocke is handling the case.
South Portland Man Sentenced to Prison for Attempted Possession with Intent to Distribute MethamphetamineRead the Press Release
Portland, Maine: A South Portland man was sentenced yesterday in U.S. District Court in Portland for Attempted Possession with Intent to Distribute Methamphetamine, U.S. Attorney Halsey B. Frank announced.
Chief Judge Jon D. Levy sentenced Patrick Clark, 53, to five years in prison and four years of supervised release. Clark pleaded guilty on July 16, 2019.
According to court records, on January 4, 2019, pursuant to a search warrant, U.S. Postal Inspectors seized a package that had been addressed to the defendant at his apartment, and found approximately 111 grams of methamphetamine inside. Law enforcement officers then executed a second search warrant at the defendant’s apartment. In the bedroom where Clark was present, they found 11 grams of methamphetamine, more than $800 cash and a digital scale.
The U.S. Postal Inspection Service investigated the case.
South Boston Man Sentenced for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A South Boston man was sentenced today in federal court in Boston for illegally possessing a firearm and ammunition.
Jermaine Tindal, 30, was sentenced by U.S. District Court Judge Leo T. Sorokin to 21 months in prison and three years of supervised release. In April 2019, Tindal pleaded guilty to one count of being a felon in possession of a firearm and ammunition. Tindal was arrested and charged in September 2018 and has been in custody since.
On July 19, 2018, Tindal possessed a Harrington and Richardson 12-gauge shotgun and five rounds of Remington 12-gauge ammunition after previously being convicted in South Carolina of a crime punishable by more than one year in prison. He then sold the shotgun and ammunition to another individual in the Mary Ellen McCormack public housing development.
United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Sioux Falls Man Sentenced to 30 years for Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possessing, Distributing, and Producing Child Pornography as a result of a federal jury trial in Sioux Falls, South Dakota, on October 30, 2019, was sentenced on January 13, 2020, by U.S. District Judge Karen E. Schreier.
Kevin Allen Lamm, a/k/a Kevin Malone, age 35, was sentenced to 360 months on each count to be served concurrently in federal prison, followed by 10 years of supervised release on each count to be served concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
Lamm was indicted by a federal grand jury on May 9, 2017.
The conviction stemmed from incidents between January 12, 2017, and April 27, 2017, when Lamm knowingly received and possessed child pornography. The investigation also revealed that Lamm created a fake Facebook account and used it to persuade a 14 year-old girl in another state to send sexually explicit photographs to him using Facebook Messenger. When law enforcement searched his Sioux Falls apartment, they found child pornography images and videos on a digital memory card. Lamm's sentence was enhanced because he had previously been convicted of a child pornography offense in Lake County, South Dakota, in 2006
This case was investigated by the Department of Homeland Security. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Lamm was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on January 13, 2020, by U.S. District Judge Karen E. Schreier.
Timothy Tyler Segich, age 38, was sentenced to 60 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $5,100.
Segich was indicted by a federal grand jury on January 8, 2019. He pled guilty on November 1, 2019.
The conviction stemmed from text messages Segich sent to a 14 year-old girl in April 2018. In the texts, Segich requested the girl send nude photos of herself to him on his cell phone. His attempt to obtain child pornography was discovered when law enforcement searched the girl's phone with her parents' consent.
This case was investigated by the Federal Bureau of Investigation, as well as the Federal Bureau of Investigation Child Exploitation Task Force in David County, Utah. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Segich was immediately turned over to the custody of the U.S. Marshals Service.
San Diego Man Sentenced to 16 Years in Federal Prison for Traveling to Portland for Sex with MinorRead the Press Release
EUGENE, Ore.—David George Hopkins, 61, San Diego, California, was sentenced today to 200 months in federal prison and a life term of supervised release for traveling with the intent to engage in sex with a minor and other related charges.
Hopkins was previously convicted at trial in February 2019 on one count each of attempting to use a minor to produce a visual depiction of sexually explicit conduct, attempting to coerce or entice a minor, traveling with the intent to engage in illicit sexual conduct and transferring of obscene material to a minor.
According to court documents and information shared at trial, on June 9, 2017, Hopkins traveled from San Diego to Portland, Oregon believing he would be able to have sex with a 13-year-old girl named Paula along with her mother, Norma, and her mother’s friend, Ana, with whom he had been chatting online. Unbeknownst to Hopkins, he had been chatting with an FBI Special Agent acting as both Norma and Paula, and with a person using the alias Ana.
Hopkins and Ana began chatting online in 2012, and during one of the conversations, Hopkins raised the topic of having sex with a minor female in Peru and sent Ana a photo of what was purportedly him receiving oral sex from a minor.
In February 2017, Hopkins again contacted Ana and they began communicating using Skype and Facebook. In their first few conversations after reconnecting, Hopkins disclosed more details about his sexual relations with a minor in Peru. He also claimed to have had similar illicit contact with a minor in Panama. Hopkins later wrote, “did it bother u i [sic] had sex with young girls?” Hopkins did not present his conduct as a fantasy and Ana did not believe it was.
Concerned by the information shared with her, Ana reported Hopkins to the Eugene Police Department who referred the matter to the FBI. In March 2017, Ana met with an FBI Special Agent and agreed to cooperate with an investigation of Hopkins.
Ana continued chatting with Hopkins and their conversations grew increasingly more detailed and graphic as Hopkins shared information about his claimed past sexual experiences with minors and his desire to continue such behavior. In one conversation, Ana mentioned her fictitious Peruvian friend Norma. Hopkins asked if they could all have sex together. Ana also mentioned that Norma had a daughter named Paula. Hopkins also expressed an interest in having sex with Paula.
Ana told Hopkins that Norma had agreed to let him have sex with Paula. Shortly thereafter, Hopkins began communicating directly with Norma, the FBI Special Agent. The conversation quickly turned sexual and they discussed Hopkins flying to Oregon. In subsequent conversations, Hopkins began asking Norma about having sex with Paula, and, later, began communicating online directly with Paula. Hopkins chatted with Paula about having sex with her, describing in detail what he wanted to do. Hopkins sent Paula a picture of his genitals, and asked her to send him a picture of hers.
In June 2017, Hopkins flew from San Diego to Portland with intent to engage in sexual conduct with Paula. He was met and arrested by the FBI at Portland International Airport upon his arrival. His luggage was searched and Hopkins had brought with him stockings and underwear for Paula. Hopkins’ claims of abusing children have not been corroborated. He was indicted by a federal grand jury in Eugene on June 20, 2018.
This case was investigated by the FBI with assistance from the Eugene Police Department. It was prosecuted by Amy Potter and Jeff Sweet, Assistant U.S. Attorneys for the District of Oregon.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at https://tips.fbi.gov.
Rosebud Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 13, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Jacqueline Roberta Little Sack, age 41, was sentenced to 20 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Sack was indicted by a federal grand jury on July 16, 2019. She pled guilty on October 21, 2019.
The conviction stemmed from a conspiracy between Little Sack and others during the early part of 2019, where Little Sack used her home on the Rosebud Indian Reservation as a place where methamphetamine was distributed. The conspiracy involved over 50 grams of methamphetamine.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Valentine, Nebraska Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Little Sack was immediately turned over to the custody of the U.S. Marshals Service.
Rochester Man Pleads Guilty to Fentanyl and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James T. Stephens, 21, of Rochester, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to possession with intent to distribute fentanyl, and being a felon in possession of a firearm. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on June 19, 2019, law enforcement officers executed a search warrant at the defendant’s home. During the search, officers recovered a loaded 9mm semiautomatic pistol, a loaded shotgun, approximately 80 decks of fentanyl, and approximately four bags of cocaine. Stephens was prohibited from possessing firearms as a result of his January 15, 2016, conviction, in Onondaga County Court, for Criminal Possession of a Weapon in the Second Degree.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Office.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for April 20, 2020, at 3:00 p.m. before Judge Wolford.
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Rochester Man Pleads Guilty to Being A Felon in Possession of A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Frederick Bernard Morgan, 51, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on July 17, 2019, the defendant was in possession of a .22 caliber rifle, having previously been convicted, in December 2002 in Monroe County Court, of Assault in the Second Degree. As a result, the defendant is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Office.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for April 10, 2020, at 2:00 p.m. before Judge Geraci.
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Randolph County woman admits to drug distributionRead the Press Release
ELKINS, WEST VIRGINIA – Robin Lee Short, of Elkins, West Virginia, has admitted to a drug charge, U.S. Attorney Bill Powell announced.
Short, age 39, pled guilty to one count of “Distribution of Methamphetamine.” Short admitted to selling methamphetamine in October 2017 in Randolph County.Short faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Probation Revoked for Cissna Park, Ill., Farmer Serving Sentence for Federal Crop Insurance FraudRead the Press Release
PEORIA, Ill. – An Iroquois County farmer, Jeremy Seggebruch, 40, of Cissna Park, Ill., has been ordered to serve 364 days in prison for violating the terms of his probation sentence for federal crop insurance fraud. On Jan. 9, 2020, Seggebruch was immediately taken into custody after U.S. District Judge James E. Shadid revoked his probation and sentenced him to serve 364 days in the federal Bureau of Prisons.
Judge Shadid had previously sentenced Seggebruch, in December 2016, to three years of probation for making false statements to the U.S. Department of Agriculture. Seggebruch had under-reported the number of bushels of corn produced in relation to a federal crop insurance claim. During the term of probation Seggebruch was barred from participating in any USDA programs and was ordered to pay restitution in the amount of $300,759 to Heartland Crop Insurance.
At the hearing on Jan. 9, 2020, Seggebruch admitted violating his probation by (1) participating in the Federal Crop Insurance program through his sister’s company, Sega Ag Production, Inc.; (2) receiving monetary benefits from a USDA program through Sega Ag Production, Inc.; (3) obtaining a $64,981 loan to purchase Ford Super Duty F-350 truck without prior approval from the U.S. Probation Office; (4) violating a state order of protection against him obtained by his wife; and, (5) failing to notify his probation officer of his Nov. 27, 2019, arrest for violating the order of protection.
Assistant U.S. Attorney Eugene L. Miller prosecuted the case, which was investigated by the USDA Office of Inspector General.
Pittsburgh-Area Man Assaulted Security Guards at Downtown Pittsburgh Social Security OfficeRead the Press Release
PITTSBURGH -A Pittsburgh-area man pleaded guilty in federal court to charges of assault of federal employees, United States Attorney Scott W. Brady announced today.
Isaiah Paillett, 44, pleaded guilty to two counts before Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on December 14, 2018, Paillett entered the Social Security Office in Downtown Pittsburgh and became irate and confrontational with an employee there. Paillett then left the office. The security guards at the office were notified that, due to Paillett’s behavior, he was not permitted back in the building. Within minutes of exiting, Paillett attempted to reenter the building. When a security guard prevented Paillett from reentering, Paillett shoved that guard back several feet. A second guard then began pushing Paillett out of the building, at which time Paillett began punching that second security guard in the head. The second guard was treated at an area hospital for the injuries inflicted by Paillett and released later that same day.
Chief Judge Hornak scheduled sentencing for May 21, 2020 at 1:30 p.m. The law provides for a total sentence of twenty-eight years in prison, a fine of $500,000, 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 Attorneys Jeffrey R. Bengel and Douglas C. Maloney are prosecuting this case on behalf of the government.
The Federal Protective Service and Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Paillett.
Owner of Tax Preparation Business Pleads Guilty to Filing False ReturnsRead the Press Release
A former Gulfport, Mississippi, tax return preparer pleaded guilty on Friday to aiding and assisting in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Mike Hurst for the Southern District of Mississippi.
According to documents and information provided to the court, Alvin Mays owned and operated City Tax Service, a tax return preparation business in the Gulfport, Mississippi area. From 2012 through 2017, Mays prepared—and trained his employees to prepare—false tax returns. To fraudulently inflate client refunds, the returns claimed false education credits and losses from fictitious businesses. Mays charged his clients exorbitant preparation fees, sometimes as high as $1,600 per return. In total, May’s conduct caused a tax loss to the United States of more than $900,000.
U.S. District Judge Halil S. Ozerden scheduled sentencing for April 16, 2020. Mays faces a statutory maximum sentence of three years in prison on each count, as well as a period of supervised release and monetary penalties. In his plea agreement, Mays agreed to pay restitution of $321,605 to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Hurst thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Stanley Harris and Trial Attorney Kevin Schneider of the Tax Division, who are prosecuting the case.
Orlando Man Sentenced to 10 Years in Federal Prison for Orchestrating Multi-Million Dollar Investment Fraud SchemeRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Andres Fernandez (38, Orlando) to 10 years in federal prison for wire fraud. As part of his sentence, the court also entered a money judgment of $14.98 million, representing the losses suffered by the victims of Fernandez’s fraud scheme. Fernandez had pleaded guilty to 12 counts of wire fraud on August 6, 2019.
According to court documents, Fernandez orchestrated an investment scheme that defrauded at least 81 victims out of millions of dollars. Fernandez solicited individuals to invest in concert events that he claimed were being produced by his companies – Kadaae Entertainment Corporation and Kadaae LLC. He told his victims that their investment would be used to fund specific concert events for artists including Julio Iglesias, Pitbull, Nicky Jam, Garth Brooks, Ana Gabriel, and Drake, and promised a return of up to 100 percent on the investments. As part of the scheme, Fernandez used fake contracts and other false documents to convince victims that he and his companies were under contract to produce the events. In fact, neither Fernandez nor his companies were involved in most of the events he had solicited to his victims.
Fernandez used the funds sent by investors for his own personal use and to pay fraudulent investment returns to earlier investors.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Operation Mountaineer Highway Update: Final Defendant Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Fayette County man pled guilty today for his participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart. Bobby Mack, Jr., 39, from Scarbro, entered his guilty plea to conspiracy to distribute more than 100 grams of heroin. Mack is the twelfth and final defendant to enter a guilty plea as a result of Operation Mountaineer Highway, an extensive investigation into drug trafficking in the Fayette County area. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“182 grams of heroin. Firearms. $343,097 in drug proceeds,” said United States Attorney Mike Stuart. “Mack was part of a significant drug trafficking organization responsible for distributing massive amounts of deadly drugs in southern West Virginia. All of the defendants charged as part of Operation Mountaineer Highway now stand convicted of their crimes. Responding to the opiate crisis with tough law enforcement has been, and will remain, a priority for me and my office. We are achieving remarkable results.”
Mack admitted that he participated in the drug trafficking organization by supplying heroin to a co-conspirator. More specifically Mack admitted that on July 16, 2018, he distributed 182 grams of heroin to co-conspirator. After Mack distributed the heroin, the co-conspirator was stopped by law enforcement officers and admitted that he had obtained the heroin from Mack at Mack’s residence in Scarbro. Based on this information, officers obtained a search warrant for Mack’s residence. While conducting the search warrant, officers located items commonly used in drug distribution, three firearms, and approximately $343,097 dollars in cash. As part of the plea agreement, Mack agreed to forfeit to the United States the firearms which he was prohibited from possessing due to a prior felony conviction, as well as the $343,097.
Mack faces at least 5 years in federal prison and a $5,000,000.00 fine when he is sentenced on April 9, 2020.
Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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Ohio Woman Pleads Guilty to Drug CrimeRead the Press Release
CHARLESTON, W.Va. – An Ohio woman pled guilty today to possessing a quantity of methamphetamine in relation to drug trafficking, announced United States Attorney Mike Stuart. Danielle Seagraves pled guilty to possessing with the intent to distribute methamphetamine.
“Collaborative and proactive law enforcement efforts are keeping significant amounts of dangerous drugs off our streets,” said United States Attorney Mike Stuart. “And it is only by prosecuting cases like this that we can hold the poison peddlers accountable.”
Seagraves admitted that on April 18, 2017, she had in her possession approximately 33 grams of methamphetamine that she intended to sell to individuals in and around Ripley, West Virginia. Before she could complete any drug transaction, officers with the Jackson County Sheriff’s Department and the Drug Enforcement Administration (DEA) arrested Seagraves and seized the methamphetamine. Seagraves’ arrest was part of a successful far-reaching April 2017 inter-agency investigation and sweep that ultimately resulted in the arrest of thirteen individuals, eight of whom were charged with meth-related offenses. The investigation into these individuals focused on methamphetamine that was being brought from Ohio into Jackson County, West Virginia. That investigation removed an estimated $320,000 worth of methamphetamine from the community.
Seagraves faces up twenty years in prison when sentenced on April 6, 2020. Seagraves is currently serving a multi-year state prison term in Ohio for drug-related activity.
The Jackson County Bureau of Investigation, comprised of deputies from the Jackson County Sheriff's Department and officers with the Ravenswood and Ripley Police Departments, worked closely with the West Virginia State Police, the Parkersburg Narcotics Task Force, and the DEA, to conduct the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorneys Kristin F. Scott and Erik S. Goes are handling the prosecution.
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Oakland Man Sentenced to over Three Years in Prison for Possession of Firearm and AmmunitionRead the Press Release
OAKLAND – Mekivil Julius Franklin was sentenced today to 41 months in prison for being a felon in possession of a firearm and ammunition, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Rayfield Roundtree. The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.
Franklin, 49, of Oakland, Calif., pleaded guilty to the charge on October 11, 2019. According to papers filed by the government, Franklin was driving in Oakland in the early morning hours on August 2, 2018, when police attempted to stop him. Rather than yielding to the police, Franklin drove away. Franklin led police on a lengthy chase, at times reaching speeds of 90 or 100 MPH on the I-880 freeway. The pursuit ended when Franklin crashed into a police vehicle in the intersection of 9th Avenue and East 12th Street in Oakland. Two Oakland Police Department officers sustained minor injuries as a result of the crash. Franklin seriously injured himself as well. Police found that Franklin was in possession of a loaded Ruger pistol. According to his plea agreement, Franklin acknowledged he had been previously convicted of felonies, and therefore he was not eligible to possess a firearm or ammunition.
A federal grand jury indicted Franklin on September 18, 2018, charging him with being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Franklin pleaded guilty to the charge.
In addition to the prison term, Judge Gilliam sentenced the defendant to a three-year period of supervised release. The defendant is in custody and will begin serving his sentence immediately.
Assistant U.S. Attorney Philip Kopczynski is prosecuting the case with the assistance of Helen Yee and Adrienne DelaPena. The prosecution is the result of an investigation by ATF and the Oakland Police Department.
Norwalk Man Involved in Drug Trafficking Ring Sentenced to 35 Months in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JUAN CARLOS FIGUEROA, 40, of Norwalk, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 35 months of imprisonment, followed by three years of supervised release, for trafficking cocaine and methamphetamine.
According to court documents and statements made in court, between March and June 2018, Figueroa and others trafficked kilogram quantities of narcotics, including cocaine and methamphetamine, from a source of supply in New Rochelle, New York, into Norwalk and the surrounding area. On May 31, 2018, Figueroa and a co-conspirator, Rafael Lopez-Macias, traveled to New Rochelle to obtain two kilograms of cocaine from a source.
Figueroa has been detained since his arrest on October 11, 2018. On that date, a search of his residence revealed a drug press machine and other items used to process and package narcotics.
On May 6, 2019, Figueroa pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
On March 27, 2019, Lopez-Macias, a citizen of Mexico, pleaded guilty to one count of possession with intent to distribute, and distribution of, 500 grams or more of methamphetamine, and one count of reentry of removed alien. On July 3, 2019, he was sentenced to 120 months of imprisonment.
This matter has been investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Connecticut State Police, and the New Rochelle, Norwalk and Stamford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Lauren C. Clark.
North Carolina Tax Preparer Pleads Guilty to Preparing False ReturnsRead the Press Release
A Charlotte, North Carolina, tax return preparer pleaded guilty today to aiding and assisting in filing a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney R. Andrew Murray of the Western District of North Carolina.
According to court documents and statements made in court, Ramonda Byrd owned and operated Divine Financial Solutions, a Charlotte, North Carolina, tax preparation business with locations on Beatties Ford Road and Central Avenue. From 2012 through 2017, Byrd prepared false tax returns on behalf of her clients. By reporting fictitious business income and expenses as well as false medical expenses, charitable contributions, and child and dependent care expenses, she sought to cause the Internal Revenue Service (IRS) to pay inflated refunds. Byrd’s fee was then often deducted from the client’s refund. In all, Byrd’s conduct caused a tax loss to the United States of more than $270,000.
Sentencing will be scheduled at a later date. At sentencing, Byrd faces a maximum sentence of three years in prison. She also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Murray thanked special agents of IRS – Criminal Investigation, who conducted the investigation, and Trial Attorney Jessica Kraft of the Tax Division and Assistant U.S. Attorney Caryn Finley, who prosecuted the case.
Nebraska Woman to Federal Prison for Participation in Iowa Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced January 9, 2020, to more than 10 years in federal prison.
Corissa Schwartz, 39, from Wayne, Nebraska, received the prison term after a September 13, 2019, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Schwartz admitted that from October 2017 and continuing to about January 2018, she and others distributed nearly two pounds of pure methamphetamine in the Sioux City, Iowa area. On two occasions in October 2017, Schwartz distributed over 26 grams of pure methamphetamine during controlled drug purchase operations with law enforcement.
Schwartz was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. It was revealed at sentencing that Schwartz’s long criminal history included twenty-five convictions since 2004. Schwartz was sentenced to 122 months’ imprisonment. She must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Schwartz is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4087.
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Nash County Man Sentenced to 15 Years as Armed Career CriminalRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced ARTHUR THOMAS VICK, 61, of Rocky Mount to 180 months imprisonment, followed by 5 years of supervised release. He was found to be an Armed Career Criminal thereby subjecting him to a minimum term of imprisonment of 15 years.
VICK was named in an Indictment filed on October 10, 2018, charging him with being a felon in possession of firearms and ammunition. On September 18, 2019, VICK pled guilty to that charge.
According to the investigation, on August 24, 2018, Officers with the Rocky Mount Police Department responded to a domestic disturbance at an apartment in Rocky Mount. The caller reported VICK threatened her with a handgun. Upon arrival, officers observed VICK in a shouting match with the female. The officers discovered a loaded firearm hidden in VICK’s waistband and another in the trunk of the vehicle he used. VICK’s prior criminal history includes a federal felon in possession of a firearm conviction and an attempted second degree murder conviction, stemming from his attack on a law enforcement officer in Nash County in 1997.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Rocky Mount Police Department investigated this case. Assistant United States Attorney J.D. Koesters prosecuted the case for the government.
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.
Mexican Man Sentenced to Prison Following Deportation and Document FraudRead the Press Release
A Mexican man who had been deported five times, illegally returned to the United States, and then used a false identification document to obtain a job was sentenced on January 10, 2020, today to twelve months in federal prison.
Jose Amayo-Hernandez, age 27, a citizen of Mexico illegally present in the United States and residing in Iowa, received the prison term after an October 3, 2019, guilty plea to one count of unlawful use of an identification document and one count of illegal reentry into the United States.
In a plea agreement, Amayo-Hernandez admitted he had previously been deported from the United States five times and that he illegally reentered the United States without the permission of the United States government. Amayo-Hernandez was first deported in April 2013 following a conviction for illegal entry into the United States. Amayo-Hernandez was deported a second time on November 15, 2013, following a second conviction for illegal entry into the United States. He was again deported five days later on November 20, 2013, and again in September 2014. Amayo-Hernandez was deported a fifth time in August 2015 following a July 2015 conviction in the United States District Court for the Western District of Texas for illegal reentry into the United States, a felony.
Amayo-Hernandez also admitted he used a fraudulent permanent resident card, also known as a “green card,” when he completed employment forms in October 2016 and August 2019 at a business in Lansing, Iowa. The Alien Registration number on the “green card” was issued to another person. The Social Security account number used by Amayo-Hernandez on tax paperwork was issued to someone else.
On August 19, 2019, Amayo-Hernandez came to the attention of immigration agents following his arrest on traffic charges in Clayton County, Iowa.
Amayo-Hernandez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Amayo-Hernandez was sentenced to 12 months’ and one day imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Amayo-Hernandez 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 Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1031.
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Metro Detroit Psychologist Sentenced to 51 Months for Health Care Fraud and Money LaunderingRead the Press Release
A psychologist with multiple clinic locations throughout Metro Detroit, will spend 51 months in prison for the commission of health care fraud and money laundering offenses, U.S. Attorney Matthew Schneider announced today.
Joining Schneider in the announcement was Steven M. D’Antuono, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office.
Paul Lucki Smith, 54, was sentenced on January 7, 2020, by U.S District Court Judge Bernard A. Friedman after pleading guilty to health care fraud and unlawful monetary transactions.
Smith, a psychologist who practiced for over 20 years at various locations throughout Metro Detroit, submitted claims to Blue Cross Blue Shield of Michigan for reimbursement for services that he did not provide. In three years, Smith fraudulently obtained $3,163,172.92 from Blue Cross Blue Shield. Smith subsequently used hundreds of thousands of dollars from the proceeds of his fraud to purchase real property, liquor licenses, and furniture, in his venture to become a hotelier in Arcadia, Michigan.
In addition to the term of imprisonment, the Court forfeited Smith’s interests in funds tied to the health care fraud and money laundering schemes, liquor licenses, and two pieces of real property. The Court also entered a forfeiture money judgment in the amount of $3,163,172.92
The case was investigated by agents of the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys John Engstrom and Shankar Ramamurthy.