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Friday 10 January 2020
Armed Career Criminal Sentenced to 15 Years for Illegally Possessing FirearmRead the Press Release
Memphis, TN - Charles Eason, 44, has been sentenced to 15 years in federal prison for being a convicted felon illegally in possession of a firearm. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to information presented in court, Memphis police officers pulled over the car Eason was driving in January 2017. Eason had a loaded shotgun in his possession. Eason had numerous prior felony convictions at the time, including five Tennessee convictions for promotion of the manufacture of methamphetamine.
Eason pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). The default sentencing range for a § 922(g) violation is zero to 10 years in prison. However, under the Armed Career Criminal Act (ACCA), a defendant convicted of § 922(g) who has three prior convictions for serious drug offenses is subject to an enhanced mandatory minimum sentence of 180 months.
In a prior appeal in this case, the Sixth Circuit Court of Appeals held that Eason’s five prior convictions for promotion of the manufacture of methamphetamine were serious drug offenses under the ACCA. Upon resentencing on remand on January 10, 2020, U.S. District Judge Sheryl H. Lipman sentenced Eason to 180 months (15 years) under the ACCA.
U.S. Attorney D. Michael Dunavant said, "Serious drug offenses are NOT non-violent crimes, and convicted felons who possess firearms are an inherent danger to the community. In this case, Eason was a career drug offender who possessed a loaded firearm despite his multiple prior convictions for serious drug offenses involving the manufacture of methamphetamine. There is and ought to be a significant consequence for such recidivist criminal behavior, and this mandatory sentence is just punishment for a recalcitrant armed drug offender."
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Memphis Police Department.
Special Assistant U.S. Attorney Bryce Phillips and Assistant U.S. Attorney Kevin Ritz prosecuted this case on behalf of the government.
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Angier Man Sentenced for Illegally Possessing Firearms and NarcoticsRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced CURTIS PATRICK HODGES, 38, of Angier, NC, to 90 months imprisonment, followed by 5 years of supervised release.
HODGES was named in an Indictment filed on March 21, 2019 charging him with Possession with Intent to Distribute a Quantity of Cocaine, Cocaine Base (crack), and Marijuana, Possession of a Firearm by a Convicted Felon, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime on March 15, 2018. On August 15, 2019, with a written plea agreement, HODGES pled guilty to Possession with Intent to Distribute a Quantity of Cocaine, Cocaine Base (crack), and Marijuana and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
According to the investigation, in January of 2018, investigators with the Harnett County Sheriff’s Office (HCSO) conducted two controlled purchases of cocaine and cocaine base (crack) on January 22, 2018, and January 24, 2018.
On March 15, 2018, the HCSO’S Special Response Team executed a search warrant at the residence of HODGES on Newbury Drive in Angier, North Carolina. Investigators made contact with HODGES and placed him into handcuffs while the residence was searched. During the search, investigators located a total of $29,836.06 in United States currency, a loaded Smith and Wesson Shield .40 caliber pistol, a Glock Model 26 .9mm handgun, 2 bags of cocaine, 1 bag of cocaine base, 2 digital scales, a glass mason jar containing 28 grams of marijuana, a shipping box containing stolen body armor, and .40 caliber ammunition. Laboratory testing of the controlled substances which were recovered revealed 12.28 grams of cocaine base and 40.92 grams of cocaine.
Based upon the preceding, HODGES is accountable for 9.05 kilograms of marijuana, 40.92 grams of cocaine, and 12.28 grams of cocaine base, which have a converted drug weight of 61.09 kilograms.
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 & Explosives, and the Harnett County Sheriff’s Office conducted the investigation. Assistant United States Attorney Daniel William Smith represented the government.
Anchorage Man Convicted of Possession of Methamphetamine with Intent to DistributeRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Gian Carlo Clemente Pangilinan, 23, of Anchorage, was found guilty after a three-day federal jury trial. The jury found Pangilinan guilty of one count of possession of more than 50 grams of methamphetamine with the intent to distribute.
According to evidence presented at trial, Anchorage Police were looking for Pangilinan on July 9, 2019, and found him in the Burger King parking lot near Penland Parkway. Once Pangilinan saw the police, he scaled a fence and fled on foot into the Penland Parkway neighborhood, shedding items of clothing and other personal items along the way, to include his cellular telephone and a baggie containing 162 grams of 99 percent pure methamphetamine. Despite his attempt to evade law enforcement, the Anchorage Police pursued Pangilinan on foot and took him into custody.
Evidence pulled from Pangilinan’s cellular telephone in the form of text messages and direct messages on social media established that, since December 2018, Pangilinan had been distributing many different types of illegal controlled substances (to include heroin, cocaine, and methamphetamine) in quantities ranging from one gram to several ounces. Specifically, individuals would contact Pangilinan via text or direct message on social media asking for different quantities of illegal controlled substances; Pangilinan would then respond with a price and agree to meet up with them.
The jury also heard evidence of a separate incident that occurred in February 2019, when the Anchorage Police responded to a call of shots fired near the Mountain View car wash. When the Anchorage Police attempted to contact Pangilinan, he attempted to flee on foot. During the chase, Pangilinan again began shedding personal items to include his cellular telephone and a baggie containing methamphetamine.
At the time of the July 2019 incident, Pangilinan was out on release from the State of Alaska in four pending criminal cases, to include Vehicle Theft in the First Degree, Assault in the Third Degree, Resisting Arrest, and Violating Conditions of his Release
As a result of Pangilinan’s federal conviction, he faces a mandatory minimum of 10 years up to life in federal prison, and a fine of up to a $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Anchorage Police Department (APD), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Drug Enforcement Administration (DEA) conducted the investigation leading to the successful prosecution of this case. This case is being prosecuted by Assistant U.S. Attorneys Kelly Cavanaugh and Kyle Reardon.
4-Time Convicted Felon Pleads Guilty to Possessing FirearmRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Ronald Rice, aka Lil Ron, 35, Madison, Wisconsin, pleaded guilty today in U.S. District Court in Madison to illegal possession of a firearm by a felon. This charge carries a maximum penalty of 10 years in prison.
During the plea hearing, Rice admitted that, on May 19, 2019, while at a party on North Wickham Court in Madison, he possessed a Glock .40 caliber firearm. At the time of the incident, Rice was on federal supervised release for distributing crack cocaine.
As part of the plea agreement, the parties agreed to recommend to the Court that Rice receive a prison sentence of 71 months. Rice admitted as part of his plea agreement that he was on supervised release at the time he possessed the firearm, and that he violated his conditions of supervised release by possessing a firearm. The parties also agreed to recommend to the court that Rice receive a sentence of 24 months, to be served consecutive to the 71 months, for his violation of the supervised release conditions. Chief U.S. District Judge James D. Peterson scheduled Rice’s sentencing for April 8, 2020, at 10:00 a.m.
In addition to the federal drug conviction, Rice has three other felony convictions, including a state charge of possessing cocaine with intent to distribute.
The charge against Rice is the result of an investigation conducted by the Madison Police Department. The prosecution of this case has been handled by Assistant U.S. Attorney Daniel J. Graber.
The charge against Rice was brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Thursday 9 January 2020
Wilson Father and Daughter Sentenced for Counterfeit Access Device OffensesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced quenchelle houpe, 22, and her father BRIAN HOUPE, SR., of Wilson, North Carolina to 39 months imprisonment each, followed by three years of supervised release. On May 20, 2019, QUENCHELLE HOUPE pled guilty to one count of conspiracy to traffic in counterfeit access devices, and to one count of trafficking in counterfeit access devices. July 22, 2019, BRIAN HOUPE, SR. pled guilty to the same offenses.
From April 2015 to September 2018, the HOUPES executed a credit card fraud scheme involving the purchase of merchandise using counterfeit credit cards encoded with account information that had been stolen from bank customers. More than 1,000 fraudulent purchase transactions were conducted using more than 793 stolen account numbers. The crimes, which resulted in a total loss of $393,601.59, were committed at Sam’s Club stores located in several east coast states including North Carolina, South Carolina, Virginia, and New York.
Both defendants were ordered to pay restitution.
The United States Secret Service and the Rocky Mount Police Department conducted the investigation. Assistant United States Attorney Toby Lathan represented the government.
Warren County Man Sentenced as Armed Career CriminalRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced KIMJUAN DWANE ELLIS, JR., 25, of Warrenton to 235 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.
ELLIS was named in an Indictment filed on January 9, 2019, charging him with being a felon in possession of ammunition. On August 20, 2019, ELLIS pled guilty to that charge.
According to the investigation, on October 19, 2018, officers with the Norlina Police Department responded to a shooting in the parking lot of the Blue Waves convenience store in Norlina, North Carolina. The store’s surveillance camera captured ELLIS shooting another man in the chest after an apparent argument. ELLIS fled the scene after the shooting. The victim was transported to Duke University Medical Center where he was treated for his wounds and survived. Officers recovered a spent shell casing in the area where the video captured the shooting. The gun used by ELLIS was never recovered. ELLIS was later arrested in a vehicle with two other occupants, along with additional firearms and ammunition, one of which had been stolen. None of those firearms, however, was used in the shooting.
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), the Warren County Sheriff’s Office, and the Norlina Police Department conducted the investigation of this matter jointly. Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Violeta E. Manahan Sentenced to Federal Prison for Conspiring to Distribute MethamphetamineRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Violeta E. Manahan, age 59, from Dededo, Guam, was sentenced in the United States District Court of Guam to 41 months imprisonment for Conspiracy to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The Court also ordered three years of supervised release following imprisonment, 50 hours of community service, and a mandatory $100 assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From January 1, 2013, through March 7, 2017, the United States Postal Inspection Service and the Drug Enforcement Administration intercepted two packages in the mail. The packages were found to contain over 110 grams of methamphetamine hydrochloride (“ice”). The investigation revealed that Jimmy Law mailed the packages to his ex-girlfriend, Manahan. Once on Guam, Manahan distributed the drug to others on island.
U.S. Attorney Anderson stated, “Our federal law enforcement partners continue to aggressively interdict drug shipments destined for Guam via our mail system. We will identify and target any people or organizations that engage in this illicit conduct. As this case reveals, there are substantial federal penalties for aiding or conspiring with others to distribute controlled substances. Those with any role in drug trafficking are potential targets for federal prosecution.”
This case was the result of a joint investigation by the United States Postal Inspection Service and the Drug Enforcement Administration. The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.
Venezuelan National Sentenced for Stealing ATM Card NumbersRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Troy L. Nunley sentenced Ricardo Gabriele-Plage, 39, to four years in prison for an identity theft scheme, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 2017, Gabriele-Plage, a Venezuelan national, traveled to the United States for the purpose of stealing bank customers’ account information. During the course of the scheme, at least five times Gabriele-Plage and his co-conspirators placed skimming devices in ATMs and installed covert cameras to record ATM users’ personal identification numbers. While the skimmers were in place, hundreds of bank customers used the ATMs. Gabriele-Plage’s co‑conspirators used the stolen account information to create fraudulent credit and debit cards and make unauthorized charges.
On Aug. 5, 2017, Gabriele-Plage and co-defendant Luis Jose Ruiz Gainza, 45, a Venezuelan national then-residing in Mexico, were arrested in Sacramento County. During a subsequent search of their hotel room in Rancho Cordova, law enforcement found a magnetic stripe reader and encoder, skimmers, covert cameras, and tools used to repair skimmers and install the devices in ATMs.
This case was the product of an investigation by Homeland Security Investigations and the Sacramento County Sheriff’s Department. Assistant U.S. Attorney Brian A. Fogerty prosecuted the case.
On Nov. 21, 2019, Ruiz Gainza was sentenced to four and a half years in prison.
Un hombre del Condado de Orange acusado de delitos federales de odio adicionales por el ataque del 28 de diciembre del 2019 con un machete en la casa de un rabinoRead the Press Release
Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles, Geoffrey S. Berman, el Fiscal Federal para el Distrito Sur de Nueva York y William F. Sweeney Jr., el Director Auxiliar Encargado de la Oficina del FBI en Nueva York anunciaron hoy que Grafton Thomas ha sido acusado formalmente por un gran jurado de cinco cargos de provocación deliberada de lesiones corporales a cinco víctimas por motivos de la religión de las mismas y cinco cargos de obstrucción al libre ejercicio de religión en un intento de asesinato, los cuales son delitos de odio federales, en relación con su alegado ataque con machete durante una ceremonia del día festivo de Janucá en la casa de un rabino en Monsey, Nueva York, la noche del 28 de diciembre del 2019.
«Desde antes de nuestro establecimiento como nación y desde aquel entonces, este país ha ofrecido refugio a personas de distintos rincones del mundo que han sido víctimas de violencia y de otros tipos de persecución por sus creencias y su derecho al culto», afirmó el Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband. «Hoy en día, Estados Unidos sigue siendo un modelo de libertad para personas perseguidas por motivos de su religión por todo el mundo y un ataque violento contra alguien a causa de su religión no solo es ilegal, sino que también va en contra de todo lo que nuestra nación representa. El Departamento de Justicia de los Estados Unidos seguirá enjuiciando a cualquier persona que se dedique a tales conductas con todo el peso de la ley».
«El 28 de diciembre del 2019, Grafton Thomas supuestamente llegó armado con un machete de 18 pulgadas y entró en la casa de un rabino, donde decenas de personas se habían juntado por el día festivo», dijo el Fiscal Federal para el Distrito Sur de Nueva York, Geoffrey S. Berman. «Ahora alegamos que lo hizo con la intención de convertir a sus víctimas en tales por motivos de su religión. Según las alegaciones, con su cara tapada bajo una bufanda, acuchilló y apuñaló a los congregantes reunidos y huyó, dejando atrás al menos a cinco víctimas. Thomas se enfrenta a una pena de cadena perpetua por sus presuntos actos violentos de perjuicio e intolerancia».
«Cuando las acciones de un individuo traspasan el umbral de un delito federal, tal y como alegamos que el Sr. Grafton hizo en este caso, actuaremos rápidamente», declaró el Director Auxiliar del FBI, William F. Sweeney, Jr. «El mensaje de los cargos de hoy debería ser claro como el agua: el FBI no tolerará violencia contra nadie. Nosotros, junto con nuestros socios, haremos a cualquier persona que cometa delitos como este rendir cuentas de sus acciones. Las sanciones federales por este tipo de ataque son severas y justificadas. En este caso, la comunidad local ayudó, y sus acciones fueron esenciales para la preservación de vidas y llevaron directamente a la captura del Sr. Grafton. Le toca al resto de nuestra comunidad conjuntamente dar un paso adelante y echar una mano. No dejen una brecha abierta para que odio se propague y no hagan caso omiso de este tipo de conducta, tachándolo como el problema de otra persona. Hay que abordarlo y denunciar actividades sospechosas a las autoridades».
Según los alegatos contenidos en la acusación formal y la querella:
El 28 de diciembre del 2019, Thomas entró en la casa de un rabino en Monsey, Nueva York, la cual es adyacente a la sinagoga del rabino, durante la celebración del fin de Shabat y el séptimo día de Jauncá. Thomas declaró ante decenas de congregantes que «nadie se va a ir» y atacó al grupo con un machete de 18 pulgadas. Al menos cinco víctimas fueron hospitalizadas con lesiones graves, entre ellos tajos, laceraciones profundas, un dedo amputado y una fractura de cráneo.
Tras el ataque, Thomas viajó en carro a la Ciudad de Nueva York. Fue detenido en Harlem por miembros de la Policía de la Ciudad de Nueva York. Los agentes que respondieron a la escena observaron lo que parecía ser sangre en las manos y ropa de Thomas y el olor de lejía que desprendía de su vehículo. Un registro del vehículo de Thomas llevó a la confiscación de, entre otras cosas, un machete que parecía tener encima rastros de sangre seca. Los agentes del orden público registraron posteriormente el domicilio y teléfono celular según las órdenes de registro. El domicilio contenía diarios manuscritos con varias páginas de referencias antisemíticas, las que incluían referencias a «Adolf Hitler» y «la cultura Nazi». El celular de Thomas contenía búsquedas en Internet que se remontaban al menos a noviembre del 2019 de términos como «templos sionistas» en Staten Island y Nueva Jersey, «por qué Hitler odiaba a los judíos» y «compañías destacadas fundadas por judíos en Estados Unidos», así como una visita el día del ataque a una página web que contenía un artículo titulado «Nueva York fortalece la presencia de la policía en barrios judíos tras ataques antisemíticos. Aquí tienes la información más importante».
Se le acusa a Thomas, de 37 años, de cinco cargos de provocación intencional de lesiones corporales e intento de asesinato de cinco víctimas por motivos de su religión, en contra de la Sección 249 del Título 18 del Código de los EE. UU., y cinco cargos de obstrucción al libre ejercicio de religión en un intento de asesinato, en contra de la Sección 247 del Título 18 del Código de los EE. UU. Cada uno de los diez cargos acarrea una pena máxima de cadena perpetua. La máxima pena posible en este caso la dicta el Congreso y se incluye aquí únicamente para fines informativos, ya que es el juez quién determinará la pena verdadera.
El Fiscal General Auxiliar Dreiband y el Sr. Berman elogiaron los esfuerzos extraordinarios del FBI, la Fiscalía de Distrito del Condado de Rockland, la Policía de Ramapo, la Oficina del Sheriff del Condado de Rockland, la Policía Estatal de Nueva York, la Policía de Clarkstown y la Policía de la Ciudad de Nueva York.
La Unidad contra el Terrorismo y Estupefacientes de la Oficina, su División en White Plains y la Unidad de Derechos Civiles de la División Civil de la Oficina están a cargo de este caso. Los Fiscales Federales Auxiliares Michael K. Krouse, Lindsey Keenan y Lara K. Eshkenazi son los encargados del enjuiciamiento.
Los cargos contenidos en la acusación formal son simplemente alegaciones, y al acusado se lo considera inocente mientras no se pruebe su culpabilidad ante un tribunal de justicia.
El año 2020 es el 150º aniversario del Departamento de Justicia. Para aprender más sobre la historia de nuestra agencia, vaya a www.Justice.gov/Celebrating150Years.
Anexo(s):
Download grafton_thomas_indictment_signed.pdf
UK Resident Pleads Guilty to Possession of Stolen Credit Card CredentialsRead the Press Release
SAN FRANCISCO – Malik Mohsan Abdullah pleaded guilty to the possession of counterfeit access devices in connection with his receipt and transfer of stolen credit card information, announced United States Attorney David L. Anderson and United States Secret Service Special Agent in Charge Thomas C. Edwards.
According to the plea agreement, Abdullah, 36, a resident of the United Kingdom, received 5,674 stolen credit card credentials via email during the period from January through March 2017. These credentials included cards issued by U.S. banks and belonging to individuals in the Northern District of California. The stolen credentials included full credit card numbers, expiration dates, verification numbers, addresses, and the countries connected to the accounts. According to the plea agreement, Abdullah knew that a significant number of the stolen credentials were used to defraud the rightful cardholders. In the plea agreement, Abdullah acknowledged that as of May 13, 2019, approximately $124,579.53 in unauthorized charges had been attributed to the stolen cards after Abdullah received them.
According to an affidavit filed by a special agent of the U.S. Secret Service, investigators working with a cooperator identified a vendor offering stolen credit cards for sale on a dark web Internet forum. Investigators were able to trace digital currency transactions with the vendor to an email address, whose owner supervised and controlled the flow of stolen credit cards to multiple suspects across the United States, Europe, and the Middle East. That account owner transferred thousands of stolen payment card numbers to Abdullah. Abdullah was arrested by authorities in the United Kingdom and extradited to the United States.
Abdullah was charged by information on December 16, 2019, with one count of possession of fifteen or more counterfeit access devices, in violation of 18 U.S.C. § 1029(a)(3). Abdullah pleaded guilty to that count.
The sentencing hearing for Abdullah is scheduled for February 26, 2020, before the Honorable Edward M. Chen, United States District Judge. Pursuant to the terms of his plea agreement, Abdullah has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of two (2) years, three (3) years of supervised release, payment of a $100 special assessment, and a fine to be imposed by the court. 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.
This prosecution is the result of an investigation by the U.S. Secret Service and is being prosecuted by the Special Prosecutions Section of the U.S. Attorney’s Office.
U.S. Attorney's Office Resolves Fair Housing Act Claims Against Snowmass Village Homeowners Association for Refusing to Allow Disabled Resident to Live with Assistance DogRead the Press Release
DENVER – U.S. Attorney Jason R. Dunn announced today that United States District Judge Daniel Domenico has approved an order resolving claims that Creekside Condominium Homeowners Association (Creekside HOA), located in Snowmass Village, Colorado, violated the Fair Housing Act when it failed to allow a resident with a disability to stay at the complex with her assistance dog.
In a complaint filed in federal district court in Colorado last week, the United States alleged that Creekside HOA violated the Fair Housing Act when it repeatedly denied requests by the resident for an exception to the HOA’s “no dogs” policy to permit her to live with her assistance animal, a dog named Tallulah. The resident had experienced anxiety and depression and acquired Tallulah to alleviate the symptoms of her disabilities. The resident requested permission to live with the dog as a reasonable accommodation under the Fair Housing Act, and submitted numerous forms of documentation from mental health and medical professionals in support. Creekside HOA repeatedly denied the requests, which forced the resident to live elsewhere for several months, including spending more than a week living in a van, until Creekside HOA finally agreed to permit the resident to live with her assistance animal at the complex.
The United States further alleged in its complaint that in response to the resident asserting her rights under the Fair Housing Act, Creekside HOA retaliated against the resident by levying a $500 special assessment against each homeowner in the complex and informing homeowners that the reason for the special assessment was the resident’s request for a reasonable accommodation and potential litigation.
To resolve the claims, the United States and Creekside HOA jointly submitted a consent order to the court, which Judge Domenico approved on January 7, 2020. The consent order resolves the claims set forth in the United States’ complaint. Under the terms of the consent order, Creekside HOA must pay the resident $50,000, adopt policies regarding reasonable accommodation for individuals with disabilities under the Fair Housing Act, and train the HOA’s Board of Managers on the requirements of the Fair Housing Act. The HOA also agreed to issue an apology to the resident.
“Housing providers are required by law to make reasonable accommodations for individuals with disabilities,” said U.S. Attorney Jason Dunn. “We are pleased that this HOA is adopting policies and will conduct training that complies with the Fair Housing Act. These are important protections to ensure that individuals with disabilities have equal housing opportunities.”
This lawsuit stems from a complaint that the resident filed with the United States Department of Housing and Urban Development (HUD), which, after an investigation by HUD’s Office of Fair Housing and Equal Opportunity (FHEO), found reasonable cause that discrimination and retaliation had occurred. The resident made an election under the Fair Housing Act to seek to have the Department of Justice, through the U.S. Attorney’s Office, file a complaint on her behalf.
The United States Attorney’s Office for the District of Colorado, the U.S. Department of Justice’s Civil Rights Division, and HUD’s FHEO all give high priority to the enforcement of the Fair Housing Act. Additional information about the Fair Housing Act can be found on HUD’s website at https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
This case was handled by Assistant U.S. Attorney Zeyen Wu.
U.S. Attorney's Office Collects over 11M in Criminal and Civil Actions for Fiscal Year 2019Read the Press Release
Knoxville, Tenn - U.S. Attorney J. Douglas Overbey announced today that the Eastern District of Tennessee collected $11,138,905.90 in criminal and civil actions in Fiscal Year 2019. Of this amount, $9,007,943.97 was collected in criminal actions and $2,130,961.93 was collected in civil actions.
Additionally, the Eastern District of Tennessee collaborated with other U.S. Attorneys’ Offices and components of the Department of Justice to collect an additional $35,218,323.69 in cases pursued jointly by these offices. Of this amount, $59,667.48 was collected in criminal actions and $35,158,656.21 was collected in civil actions.
“Criminal and civil monetary penalties provide additional deterrence to those who seek to violate federal laws. The U.S. Attorney’s Office continues to strive towards insuring that ill-gotten gains are collected and returned to the federal coffers for reimbursement for victims of crimes. Additionally, our stringent enforcement of civil and criminal monetary penalties provide an additional level of punishment for the offenders,” added U.S. Attorney J. Douglas Overbey.
The U.S. Attorneys’ Offices, along with the Department of Justice litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. Restitution is paid to the victim, and criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorneys’ office of the Eastern District of Tennessee, working with partner agencies and divisions from the FBI, IRS and other law enforcement agencies, collected $3,527,831 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for various law enforcement uses.
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U.S. Attorney's Office Collects over $3.7 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2019Read the Press Release
United States Attorney Ron Parsons announced today that the District of South Dakota collected $3,725,183.70 in criminal and civil actions in FY 2019. Of this amount, $3,378,146.19 was collected in criminal actions and $347,037.51 was collected in civil actions. The overall 2019 collections figure reflects a 72% increase over the FY 2018 total of $2,163,413.53.
As a whole, the Department of Justice collected over 9 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2019.
Additionally, the District of South Dakota, working with partner agencies and divisions, collected $69,526 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
“The recovery of these funds is a critical component of our mission,” said U.S. Attorney Parsons. “The impressive increase in recovered dollars in 2019 is testament to the excellent work of our Civil Division and Financial Litigation Unit under the leadership of our Civil Chief Diana Ryan. These recovered dollars continue to play a vital role in helping crime victims and preventing losses to the American taxpayer.”
In addition to collecting $3.38 million in FY 2019, the District of South Dakota has already collected $20,250,000 in FY 2020 in a false claims act settlement.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
U.S. Attorney Trent Shores Announces the Distribution of $2 Million Seized in Operation Killa Gorilla to Local Agencies on Law Enforcement Appreciation DayRead the Press Release
United States Attorney Trent Shores announced that 17 law enforcement agencies will receive $2 million in seized funds from the drug operation Killa Gorilla. U.S. Attorney Shores also highlighted the essential work performed by the men and women of law enforcement and thanked them for their service to the people of Oklahoma. The announcement came at a press conference held on Law Enforcement Appreciation Day at the Broken Arrow Police Department.
“It is a privilege for me and my team to work daily with these agents and officers. Law enforcement is an honorable profession. These brave men and women embody a dogged, unrelenting spirit. They face obstacles and impending danger, providing for the safety of our communities. They have my gratitude and respect,” said U.S. Attorney Trent Shores. “Operation Killa Gorilla is just one example of the essential collaborative work officers and agents are performing to disrupt the sale of illegal drugs in the Northern District of Oklahoma. Criminals do not get to keep their ill-gotten gains. It is only appropriate that the forfeited funds go back to the departments to supplement needed training, equipment and other public safety initiatives.”
Eight law enforcement agencies from Oklahoma will each receive a portion of the seized money. The $2 million was seized from profits made by the defendants from the illegal sale of synthetic cannabinoids, also known as K2 or Spice. The IRS, Drug Enforcement Administration, U.S. Postal Inspection Service and five Texas law enforcement agencies will also receive a portion of the funds for their work in the operation.
The Department of Justice and Department of the Treasury Asset Forfeiture Programs remove the tools of crime from the criminal organizations, deprive wrongdoers of the proceeds for their crimes, recover property that may be used to compensate victims, and deter crime. An ancillary benefit of asset forfeiture is the potential to share federal forfeiture proceeds with cooperating local law enforcement agencies through equitable sharing.
These monies supplement and enhance, not supplant, appropriated agency resources. Oklahoma law enforcement agencies receiving seized funds are:
Broken Arrow Police Department- $255, 716
Cherokee Nation Marshal Service- $85,000
Claremore Police Department- $85,000
Owasso Police Department- $85,000
Rogers County Sheriff’s Office- $225,716
Sapulpa Police Department- $262, 716
Tulsa Police Department- $262, 716
Army National Guard- $19,893
“This is an important victory for communities of the Tulsa metropolitan area. Not only were the criminals prosecuted for their crimes, but the government has seized a significant portion of their illegal proceeds through asset forfeiture,” said Kevin Caramucci, IRS Assistant Special Agent in Charge of the Dallas Field Office. “The role of IRS Criminal Investigation is to follow the money so we can financially disrupt and dismantle these criminal organizations. This investigation is a great example of local and Federal law enforcement working together to stop a criminal activity that is causing harm to our communities.”
“Today serves as a great reminder to any and all drug traffickers operating in Northeastern Oklahoma. The DEA will not tolerate your actions and will work tirelessly with our state, local, federal, and tribal law enforcement counterparts to arrest you and seize your illicit funds derived from drug trafficking and/or money laundering. This case is the perfect example of the importance of joint investigations and how leveraging each other’s resources while working toward a common goal can result in tremendous success and keep the citizens of Oklahoma safer,” said John P. Scott, Assistant Special Agent in Charge, DEA Oklahoma District.
In 2013, the Bureau of Indian Affairs and Tulsa metropolitan area police departments began their own investigations in response to systemic problems in their communities resulting from the sale and use of synthetic cannabinoids. Area officers and agents discovered the drug was being sold out of smoke shops, owned in part by John James, operating on Indian Land. The Drug Enforcement Administration and IRS were notified and joined the Bureau of Indian Affairs in launching the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Killa Gorilla. The investigation’s name reflected the name one of the propriety brands manufactured by one of the defendants.
During the investigation, the DEA agents and task force officers assigned from local police departments conducted additional undercover purchases of the cannabinoids and executed search and arrest warrants. The IRS and financial analyst U.S. Attorney’s Office analyzed the money trail. The final defendants pleaded guilty in August 2017.
Learn more about the Justice Department’s Asset Forfeiture Program here.
U.S. Attorney Brady Recognizes the Work of Western Pennsylvania’s Federally-Deputized Task Force Officers on Law Enforcement Appreciation DayRead the Press Release
PITTSBURGH, PA – United States Attorney Scott W. Brady used Law Enforcement Appreciation Day, January 9, 2020, to show support and promote respect for law enforcement officers across the Western District of Pennsylvania and beyond.
"Today we say a loud ‘THANK YOU’ to the men and women of law enforcement, who each day go to the most dangerous parts of our communities and deal with our most violent citizens, so that we and our families can be safe," tweeted U.S. Attorney Brady. "We owe them a debt of gratitude we can never repay."
Western Pennsylvania is fortunate to have a long history of cooperative law enforcement. Our most significant investigations and prosecutions have been developed through collaboration among federal, state and local law enforcement agencies. That collaboration includes state and local Task Force Officers who are deputized to perform the same functions as federal agents.
U.S. Attorney Brady said, "Task Force Officers, working in collaboration with federal agents, play a vital role in safeguarding our communities by bringing criminals to justice. Every day they work to remove the most violent offenders from our communities, including drug traffickers, illegal gun possessors, dangerous fugitives and immigration violators. Federal law enforcement could not be as effective without the willingness of state and local law enforcement agencies to assign their officers to Federal Task Forces. Simply put, they help us make our streets safer."
As the lead federal law enforcement agency in Western Pennsylvania, the U.S. Attorney’s Office works cooperatively with law enforcement agencies at all levels: city police departments, county sheriffs' departments, county prosecutors, state and federal law enforcement agencies and, on occasion, foreign law enforcement agencies and international police. Task Force Officers have worked with all of these federal partners: the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; U.S. Immigration and Customs Enforcement/Homeland Security Investigations; U.S. Secret Service; IRS-Criminal Investigation; the U.S. Postal Inspection Service; and the U.S. Marshals Service.
Full-time Task Force Officers from the following state and local agencies are critical to our efforts to keep western Pennsylvania safe:
Pennsylvania State Police
Pennsylvania Office of the Attorney General
Pennsylvania Board of Probation and Parole
Allegheny County Courts/Probation
Allegheny County District Attorney’s Office
Allegheny County Police Department
Allegheny County Port Authority Police
Allegheny County Sheriff’s Office
Cambria County District Attorney’s Office
Cambria County Drug Task Force
Cambria County Sheriff’s Office
Erie County District Attorney’s Office
Fayette County District Attorney’s Office
Indiana County District Attorney’s Office
Indiana County Drug Task Force
Westmoreland County Sheriff’s Office
Baldwin Borough Police Department
Clairton Police Department
Duquesne Police Department
Erie Police Department
Greensburg Police Department
Homestead Police Department
Indiana (Indiana County) Police Department
McKees Rocks Police Department
McKeesport Police Department
Monessen Police Department
Monroeville Police Department
Munhall Police Department
New Castle Police Department
North Strabane Police Department
North Versailles Police Department
Perryopolis Police Department
Pittsburgh Bureau of Police
Richland Township (Cambria County) Police Department
Greensburg Police Department
Shaler Police Department
Stowe Township Police Department
University of Pittsburgh Police
West Homestead Police Department
West Mifflin Police Department
Wilkinsburg Police Department
National Law Enforcement Appreciation Day was first observed in 2015 and provides an opportunity to recognize the courage, dedication and sacrifice of the uniformed men and women who protect and serve our communities.
Two Men Indicted in Topeka Bank Robbery CaseRead the Press Release
TOPEKA, KAN. – Two men were indicted Wednesday on federal charges arising from an armed bank robbery at a Topeka bank in December, U.S. Attorney Stephen McAllister said.
Shawn Lamar Whitmore Jr., 21, Topeka, Kan., was charged with one count of bank robbery and one count of brandishing a firearm during the robbery. Mylus Michael Oneal Jr., 36, Topeka, Kan., was charged with one count of accessory after the fact and one count of possessing stolen money.
One indictment alleges Whitmore brandished a firearm on Dec. 28, 2019, when he robbed Intrust Bank at 1035 Southwest Topeka Blvd. The other indictment alleges Oneal became an accessory after the fact to the robbery and on Jan. 2, 2020, was found with money stolen from the bank.
If convicted, Whitmore could face up 25 years in federal prison and a fine up to $250,000 on the robbery charge and not less than seven years and a fine up to $250,000 on the brandishing charge. The Topeka Police Department, the Kansas Highway Patrol and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Antonio Duane Simpson, 43, currently in custody in Missouri, is charged with one count of count of carjacking and one count of discharging a firearm during the crime. The indictment alleges that on Dec. 3, 2018, in Topeka, Kan., Simpson stole a 2013 Toyota Tacoma from the owner.
If convicted, he faces a sentence of up to 15 years in federal prison and a fine up to $250,000 on the carjacking charge and not less than 10 years and a fine up to $250,000 on the firearm charge. The FBI and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Sergio Martinez-Carlos, 21, Monahan, Ariz., is charged with one count of possession with intent to distribute almost 32 pounds of methamphetamine. The defendant initially was charged Dec. 27 in a criminal complaint alleging the Kingman County Sheriff’s Office stopped the defendant’s vehicle and discovered the drugs hidden in speakers in the vehicle.
If convicted, the defendant could face a sentence of not less than 10 years in federal prison and a fine up to $10 million. The Kingman County Sheriff’s Office and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Katherine Andrusak is prosecuting.
Adrian Vargas-Ramirez, 38, of Paramount, Calif., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Oct., 17, 2019, in Ellsworth County, Kan.
If convicted, the defendant could face a sentence of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Lindsey Debenham is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Two Former Employees of Montgomery Doctor Receive Prison Sentences for Unlawful Distribution of Controlled SubstancesRead the Press Release
Montgomery, Alabama – Two Montgomery area women were sentenced to federal prison for their roles in a conspiracy to distribute controlled substances by forging prescriptions, announced United States Attorney Louis V. Franklin, Sr. and DEA Assistant Special Agent-in-Charge Clay A. Morris. On December 10, 2019, Tracy Lynn Giddens, 46, of Millbrook, Alabama, received a 63-month sentence for her role in the scheme. Subsequently, on January 7, 2020, Ashley Lee Bozeman, 33, of Hope Hull, Alabama, received a 57-month sentence.
According to court documents, during 2016 and 2017, both Giddens and Bozeman worked in the office of a Montgomery, Alabama physician. As employees, both had access to the doctor’s prescription pad. The defendants used that access to prepare fake prescriptions for controlled substances, including: oxycodone, hydrocodone, dextroamphetamine-amphetamine (better known by its brand-name “Adderall”), and alprazolam (better known by its brand-name “Xanax”). Giddens and Bozeman then presented those prescriptions to pharmacies and obtained controlled medications. After doing so, the defendants distributed the pills they unlawfully obtained to others.
“The amount of harm that can result from a prescription pad falling into the wrong hands is enormous,” stated United States Attorney Franklin. “This is true when a physician uses his or her prescription pad illegally, as well as when a physician’s staff member abuses the trust of the physician and prepares forged prescriptions. Whether an illegitimate prescription comes from a physician or a staff member, the outcome is the same—dangerous, addictive drugs are unleashed upon the public. This case marks another step in my office’s efforts to eradicate the prescription medication abuse problem that is wreaking havoc in our country and in our community.”
“As we continue to battle the opioid epidemic in Alabama, DEA and the United States Attorney’s Office have secured yet another lengthy prison sentence for defendant Ashley Bozeman and Tracy Giddens,” announced Assistant Special Agent-in-Charge Clay A. Morris of the Drug Enforcement Administration (DEA). “Whether you choose to obtain illegal drugs by fraud, deception or subterfuge, or you are a traditional street drug dealer, we will investigate and successfully prosecute you. Defendants Bozeman and Giddens chose to fuel the scourge of addiction by fraud and deception and justice was served. We will continue to protect our innocent, our communities and those who struggle with addiction.”
The Drug Enforcement Administration (DEA) investigated this case and Assistant United States Attorney Jonathan S. Ross prosecuted it.
Two Defendants Posing as Booking Agents for Famous Entertainers Arrested for Fraudulent SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Nancy Jean and Carissa Scott with a scheme to defraud concert investors by falsely claiming to act as booking agents for well-known entertainers, including Justin Timberlake and Bruno Mars. The defendants were arrested yesterday at John F. Kennedy International Airport in Queens, New York, and their initial appearance is scheduled for this afternoon before United States Magistrate Judge Sanket J. Bulsara.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrests.
As alleged in the complaint, in September 2019, Jean and Scott were contacted by an investor who was organizing a concert at the Alamodome in San Antonio, Texas, to benefit the Sandy Hook Promise Foundation. The defendants falsely represented that they could book top-tier musical acts to perform at the concert, and provided the investor with a contract for a total fee of $500,000 that purported to commit Timberlake to perform. One of the investors then wired a $100,000 deposit to the defendants. Subsequently, when Timberlake’s social media account failed to mention or promote the event, the investor requested confirmation that Timberlake was booked. In response, the investor received a telephone call from an unidentified individual who falsely claimed to be Timberlake’s manager. The unidentified individual stated that Timberlake would perform at the concert, but that the fee would have to be raised to between $800,000 and $1 million. In November 2019, the defendants sent the investor an agreement stating that Mars would perform at the concert as an alternative to Timberlake for a fee of $600,000. The investor agreed that Mars could be the headliner, but did not send an additional deposit to the defendants.
Within a month of receiving the original $100,000 deposit, approximately half of the money was used by the defendants for personal expenses or withdrawn as cash.
“As alleged, the defendants viewed a fundraiser for a charity formed to protect children from gun violence as an opportunity to commit fraud and line their own pockets,” stated United States Attorney Donoghue. “Simple stealing is bad enough, this is worse.”
“Nancy Jean and Carissa Scott may have been able to realize a quick profit as a result of their alleged fraudulent booking scheme, but not long after their illegal activity took off, they landed in New York to face federal criminal charges. It’s discouraging to think these defendants were willing to defraud an investor supporting a charity foundation. Fortunately, the FBI doesn’t entertain such activity,” stated FBI Assistant Director-in-Charge Sweeney.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s Business & Securities Fraud Section. Assistant United States Attorney Lauren Howard Elbert is in charge of the prosecution, and Assistant United States Attorney Brian Morris of the Office’s Civil Division is handling matters relating to forfeiture.
The Defendants:
NANCY JEAN
Age: 51
Riverdale, GeorgiaCARISSA SCOTT
Age: 41
Fayette, MississippiE.D.N.Y. Docket No. 20-MJ-16
Two Aliens Indicted on Illegal Reentry Charges and Illegal and Unlawful Alien in Possession of a FirearmRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina announces that a federal grand jury in Raleigh has returned indictments charging CESAR ADRIAN AGUIRRE-SANCHEZ, age 39, of Mexico, and DAVID DIAZ-SORIANO, age 32, of Mexico with Illegal Reentry of a Deported Alien.
Additionally, the grand jury returned an indictment charging AGUIRRE-SANCHEZ, with Illegal and Unlawful Alien in Possession of a Firearm.
If convicted of illegal and unlawful alien in possession of a firearm or illegal reentry subsequent to a felony conviction (possession of a stolen vehicle), AGUIRRE-SANCHEZ, previously deported and found in Harnett County, would face maximum penalties of ten years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry, DIAZ-SORIANO, previously deported twice and found in Robeson County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
ICE’s Enforcement and Removal Operations and Homeland Security Investigations are investigating the cases
Tuscaloosa Man Sentenced to More Than 21 Years in Prison on Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. –A federal judge today sentenced a Tuscaloosa man on gun and drug charges, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Court Judge Annemarie Axon sentenced Seth Williams, 27, to 262 months in prison for possession with intent to distribute methamphetamine, use of firearm during a drug offense, and felon in possession of a firearm. Williams, a career criminal with an extensive record, pled guilty in June 2019.
“Society needs protection from this dangerous class of repeat offenders, and the U.S. Attorney’s Office and our law enforcement partners are providing it,” Town said. “Williams will spend the next 262 months in a federal prison bed with no sanctuary of parole.”
“ATF’s Crime Gun Intelligence as part of Project Guardian, focused on providing a safe environment to the communities that are affected by violent crime,” Watson said.
The ATF investigated the case along with the West Alabama Narcotics Task Force, which Assistant U.S. Attorney Bill Simpson and John Camp prosecuted.
Tuscaloosa Man Sentenced to 235 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
BIRMINGHAM, Ala. –A federal judge today sentenced a Tuscaloosa man to 235 months in prison, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Judge Annemarie Carney Axon sentenced Montez Vantarus Spradley, 37, for being a felon in possession of a firearm. Spradley pled guilty to the single count indictment in August 2019.
“Spradley spent the last 17 years traveling through the revolving doors of overwhelmed state courthouses and over-crowded prisons,” Town said. “His next 19 years will be spent locked away in a federal prison.”
“ATF’s priority of removing the criminal element that uses firearms in domestic violence situations is clearly evident with this sentencing,” Marcus said.
According to court documents, in the early morning hours of March 26, 2019, Tuscaloosa police responded to a domestic violence call at the apartment where Spradley lived with his girlfriend. They found her bleeding from a head wound that she received when Spradley struck her with a pistol during an argument. Officers recovered the pistol and a loaded magazine from a bedroom closet at the residence. When officers arrested Spradley for domestic violence, they found in his pocket a second magazine containing identical ammunition.
Spradley’s sentence was driven by his extensive criminal history, which included prior convictions for assault, second degree, felony murder, intimidating a witness, possession of a controlled substance with the intent to distribute, and possession of a controlled substance.
The ATF investigated the case, which Assistant U.S. Attorney Alan Baty prosecuted.
Timeshare resort manager arrested for massive elder fraud and embezzlement targeting timeshare ownersRead the Press Release
ATLANTA - Katherine Tice Craig, a/k/a Kathy Tice, has been arraigned on federal charges of mail fraud. The defendant allegedly embezzled over $1.7 million dollars from a company she was managing.
“Craig’s scheme defrauded over 1,000 timeshare owners who were her employer’s customers,” said U.S. Attorney Byung J. “BJay” Pak. “Most of these victims were elderly. She allegedly collected and spent the fees owed the company on gambling and trips for herself.”
“The U.S. Postal Inspection Service takes great pride in protecting the American public, especially our vulnerable older Americans. Those seeking to defraud and take advantage of our postal customers should know they will not go undetected and will be held accountable,” said USPIS Inspector-in-Charge David M. McGinnis.
According to U.S. Attorney Pak, the charges, and other information presented in court: Since 2003, Katherine Tice Craig worked at Caribbean Service Group (“CSG”), a business running a timeshare resort in Freeport, Bahamas called the Woodbourne Estates Resort. CSG operated in Atlanta, Georgia and Zebulon, Georgia. After the original business owners died in 2009 and 2010, the business was held up in probate. During this time, Craig managed CSG with no close supervision. By February 2012, Craig was allegedly embezzling CSG Group funds for her own purposes.
From 2012 through 2018, Craig allegedly embezzled over $1.7 million from CSG, using a variety of techniques. These were funds she took from the business, over and above her salary. Craig took over $650,000 by simply transferring money from CSG’s bank accounts to her own, over $450,000 by negotiating checks made out by CSG to “cash,” and more than $300,000 by writing checks on CSG’s accounts to pay her own personal credit cards. Craig spent much of the embezzled funds on gambling, including many trips to the Beau Rivage casino in Biloxi, Mississippi, and high-volume purchases of Georgia Lottery tickets. Money that should have been used by CSG to run the resort and fulfill its obligations to timeshare owners was allegedly embezzled by Craig instead.
During an overlapping time period from 2012 to 2019, Craig defrauded and misled over 1,000 timeshare owners – most of them elderly retirees. Craig saved money – unsustainably – by operating the resort without casualty insurance, even though the Lease Agreements required CSG to maintain casualty insurance. Over the years, the buildings at the resort deteriorated through storm damage and neglect, so that fewer were usable. Craig allowed the resort less money to run on as time went on, before cutting off financial support to it entirely in December 2015.
By early 2016, the resort was in such bad shape that Craig wasn’t allowing any timeshare owners to vacation there any more, even though the Lease Agreements entitled them to stay in particular units at particular times. Craig continued billing timeshare owners for maintenance fees, and threatened many who fell behind with referral to a collection agency. She also approved transfers of some of the timeshare leases to new owners, essentially recruiting new victims even after the resort was no longer viable. Craig never told the timeshare owners that there was no casualty insurance on the resort, or that the main expense being paid for by their maintenance fees was her own alleged pattern of embezzlement.
Katherine Tice Craig, 51, of Zebulon, Georgia, was arraigned before U.S. Magistrate Judge Justin S. Anand. Craig was indicted by a federal grand jury on January 7, 2020. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
The U.S. Attorney’s Office for the Northern District of Georgia is part of the Department Of Justice Transnational Elder Fraud Strike Force. The Strike Force focuses on investigating and prosecuting defendants associated with foreign-based fraud schemes that disproportionately affect American seniors. These include romance scams, phone scams, mass-mailing fraud schemes, and tech-support fraud schemes. For further information on these scams, see https://www.justice.gov/elderjustice/senior-scam-alert.
The U.S. Postal Inspection Service is investigating this case.
Assistant U.S. Attorney Alana R. Black is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three admit to attempting to smuggle children into U.S.Read the Press Release
LAREDO, Texas – Three people in their twenties have entered guilty pleas in separate but similar cases involving the smuggling of minor children in October 2019, announced U.S. Attorney Ryan K. Patrick.
Amelia Batres, 22, admitted in federal court today that she attempted to enter the United States with a minor child she falsely claimed was her son, while Maria Elena Chavez-Valenzuela, 29, pleaded guilty earlier this week and admitted to attempting to enter with a minor child she falsely claimed was her daughter. On Monday, Michael Dimas Tibursio, 22, admitted to similar facts – that he attempted to bring a young child into the country, claiming he was his nephew.
On Oct. 13, 2019, Batres, of Laredo, attempted to enter the United States at the Juarez–Lincoln International Bridge in Laredo. Batres had presented her real son’s birth certificate in an attempt to pass a 6-year-old who was accompanying her as her child. Authorities questioned the boy who then admitted Batres was not his mother. Batres ultimately admitted the child’s family was going to pay her to smuggle the minor into the United States.
The day prior, Maria Elena Chavez-Valenzuela, of Indianapolis, Indiana, also attempted to enter the United States with a minor, this time via the Gateway to the Americas Bridge in Laredo. She claimed that the 10-year-old female was her daughter. However, Chavez-Valenzuela eventually admitted she had been hired to smuggle the girl into the United States and was going to be paid $5,000 if successful.
In a third, yet similar case, Michael Dimas Tibursio, also of Indianapolis, arrived at the Juarez–Lincoln International Bridge in Laredo on a passenger bus Oct. 25. A 5-year-old boy was accompanying him. Tibursio told authorities that the boy was his nephew and presented a document he claimed was the boy’s birth certificate. Authorities soon determined the boy was actually a Mexican citizen and was not related to Tibursio. Tibursio later admitted he was being paid to smuggle the boy to family members in Indianapolis.
All will remain in custody pending sentencing.
U.S. District Judge Marina Garcia Marmolejo will impose Chavez-Valenzuela’s sentencing April 22, while Tibursio and Batres will be sentenced at a date to be determined before U.S. District Judge Diana Saldaña.
U.S. Customs and Border Protection conducted all three investigations. Assistant U.S. Attorney David Fawcett is prosecuting the cases.
Three New Jersey Men Arrested for Possession of Narcotics with Intent to DistributeRead the Press Release
NEWARK, N.J. – Three New Jersey men were charged with possession of cocaine and heroin with intent to distribute, U.S. Attorney Craig Carpenito announced today.
Robin Peralta, 37, of Trenton, New Jersey, is charged by complaint with one count of possession with intent to distribute five kilograms or more of cocaine and one count of possession with intent to distribute one kilogram or more of heroin. Luis Susana-Delossanto, 32, of Trenton, is charged by complaint with two counts of possession with intent to distribute five kilograms or more of cocaine. Ramon Fabian-Pena a/k/a/ “Rafael,” 59, of Passaic, New Jersey, is charged by complaint with one count of possession with intent to distribute five kilograms or more of cocaine.
All three defendants appeared Jan. 8, 2020, before U.S. Magistrate Judge Leda D. Wettre in Newark federal court. Peralta and Susana-Delossanto were released on bail. Fabian-Pena was detained.
According to the documents filed in this case and statements made in court:
A search of Peralta’s residence revealed approximately three kilograms of heroin and U.S. currency. A search of Delossanto’s vehicle revealed approximately 29 kilograms of cocaine. At the time of the arrest of Fabian-Pena, law enforcement also recovered a package containing approximately six kilograms of cocaine.
The counts of possession with intent to distribute heroin and possession with intent to distribute cocaine each have a minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a $10 million fine.
U.S. Attorney Carpenito credited special agents of the Drug Enforcement Administration, New Jersey Division, under the direction of Special Agent in Charge Susan A. Gibson; and members of the Mercer County Prosecutor’s Office, as well as the Hamilton Township Police Department, with the investigation leading to the charges. This investigation was conducted by a New JerseyJ DEA HIDTA Task Force composed of officers from the DEA, New Jersey State Police, Mercer County Prosecutor’s Office, Hudson County Prosecutor’s Office, Wayne Police Department, Union Police Department, Woodbridge Police Department, Edison Police Department and Bayonne Police Department.
The government is represented by Assistant U.S. Attorneys Cassye Cole and Vera Varshavsky of the U.S. Attorney’s Office’s Criminal Division in Newark.
The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Thirteen Defendants Indicted in Connection with Monmouth County Drug Trafficking Conspiracy; Two Defendants Charged with Unlawfully Possessing FirearmsRead the Press Release
TRENTON, N.J. – Thirteen defendants have been indicted for their roles as members, associates, and suppliers of a drug-trafficking conspiracy that distributed cocaine and crack cocaine in and around Monmouth County, U.S. Attorney Craig Carpenito announced today.
Damion Helmes, Dawn Stephens, Shantay Walker, Keith Logan, Shamar Dudley, Tonya Underwood, Elizabeth Conover, Curtis Jenkins, Ralph Lee, and Eric Yarbrough were charged with conspiracy to distribute and possess with intent to distribute more than 280 grams of crack cocaine. Additionally, Helmes, Stephens, Walker, Logan, Dudley, Underwood, Conover, Jenkins, Lee, Yarbrough, Derrick Hayes, Dequan Copeland, and Cassius Williams were charged with conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine. Helmes was also charged with possession with intent to distribute cocaine and crack cocaine, possession of a firearm in furtherance of a drug-trafficking crime, and with being a felon in possession of a firearm. Hayes was also charged with being a felon in possession of a firearm.
According to the documents filed in this case and statements made in court:
Between April 2019 and August 2019, the defendants and others engaged in a narcotics conspiracy that operated primarily in municipalities throughout Monmouth County – including Cliffwood, Keansburg, Matawan, Keyport, Red Bank, Long Branch, Neptune, and Asbury Park, as well as Brick Township in Ocean County – and which sought to profit from the distribution of cocaine and crack cocaine. Through the interception of telephone calls and text messages pursuant to court-authorized wiretap orders, and other investigative techniques, law enforcement officers learned that defendant Helmes obtained regular supplies of cocaine from defendants Hayes and Copeland. Helmes then re-distributed that cocaine, portions of which he converted into crack cocaine, for profit, to other conspirators, distributors, sub-dealers, and end users throughout Monmouth County. During the wiretap portion of the investigation, law enforcement intercepted numerous communications by and between the conspirators regarding such issues as cocaine quality and availability, pricing, packaging, quantity, and customer satisfaction.
The defendants were originally charged by complaint on Aug. 22, 2019. Dudley was previously charged by indictment.
The count of conspiracy to distribute 280 grams or more of crack cocaine carries a maximum penalty of life in prison, a ten-year mandatory minimum term of imprisonment, and a maximum fine of $10 million. The count of conspiracy to distribute 500 grams or more of cocaine carries a maximum penalty of 40 years in prison, a five-year mandatory minimum term of imprisonment, and a maximum fine of $5 million. The count charging Helmes with possession with intent to distribute cocaine and crack cocaine carries a maximum sentence of 20 years in prison and a $1 million fine. The count charging Helmes with possession of a firearm in furtherance of a drug trafficking crime carries a statutory mandatory minimum term of imprisonment of 5 years and a maximum potential penalty of life in prison, and must be served consecutive to the sentence imposed on the drug trafficking crime. The felon in possession counts against Helmes and Hayes carry a maximum sentence of 10 years in prison. Each firearms count also carries a maximum fine equal to the greatest of $250,000, twice the gross amount of pecuniary gain that any persons derived from the offense, or twice the gross amount of any pecuniary loss sustained by any victim of the offense.
U.S. Attorney Carpenito credited Special Agents and Task Force Officers of the FBI, Newark Division, Red Bank Resident Agency, Jersey Shore Gang and Criminal Organization Task Force (including representatives from the Bradley Beach, Brick, Howell, Toms River, Union Beach and Marlboro police departments, and the Monmouth County Sheriff's Office) under the direction of Special Agent in Charge Gregory W. Ehrie; the Red Bank Police Department, under the direction of Chief Darren McConnell; the Keansburg Police Department, under the direction of Chief James Pigott; the Middletown Police Department, under the direction of Chief Craig Weber; the Monmouth County Prosecutor’s Office, under the direction of Monmouth County Prosecutor Christopher J. Gramiccioni; the Highlands Police Department, under the direction of Chief Robert Burton; the Holmdel Police Department, under the direction of Chief John Mioduszewski; and the Long Branch Police Department, under the direction of Chief Jason Roebuck, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Ian D. Brater of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations contained in the superseding indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Statement from United States Attorney Jay E. Town on National Law Enforcement Appreciation DayRead the Press Release
BIRMINGHAM, Ala. – “Today we show our collective gratitude and thanks to the men and women who selflessly put on their uniforms every day and make the sacrifice to protect our communities,” Town said. “American law enforcement officers truly are the very best among us. We need not qualify those words with caveats and qualifications. Just praise. Just admiration. Just thanks. Let’s show our support today and every day.”
Statement by U.S. Attorney John F. Bash on Law Enforcement Appreciation DayRead the Press Release
“Today is Law Enforcement Appreciation Day. I am profoundly grateful for the service that our law enforcement officers render to our community and our Nation. They risk their lives and wellbeing every day to protect us. They are often overworked and underpaid. Yet with no hesitation, they run toward danger. They place the needs of others above their own. They are the backbone of our community. Our way of life is not possible without the rule of law and the protection of the vulnerable from violence and exploitation. Without them, our society simply would not work.
In 2019, eleven law-enforcement officers in the Western District of Texas died in the line of duty. Just this week I attended the funeral of Detective Cliff Martinez of the San Antonio Independent School District Police Department. Detective Martinez was killed last month while protecting others. I was deeply moved to hear about his devotion to the community and his decades-long service as a police officer. As his father said: ‘He was a protector.’ The same could be said of all our fallen brothers and sisters in blue.
Today, and every day, my hope is that our law-enforcement officers understand that the vast majority of their fellow citizens see them as the heroes they are. It is an honor and a privilege to serve as your United States Attorney.”
St. Louis Resident Sentenced to Prison for Role in a Stolen Identity Fraud Scheme That Claimed $12 Million in Tax RefundsRead the Press Release
A St. Louis resident was sentenced to 48 months in prison today for his role in a tax fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Jeffrey B. Jensen for the Eastern District of Missouri.
According to documents and information provided to the Court, Babatunde Olusegun Taiwo, co-conspirator Kevin Williams and others, engaged in a scheme to file false tax returns in the names of individuals whose personal identifying information they obtained without authorization. In particular, Taiwo, Williams, and others accessed from a data breach at a payroll company the information of hundreds of individuals, including school district employees in Alabama and Mississippi. The co-conspirators then used the information to file false tax returns with the Internal Revenue Service (IRS). They sought to conceal their fraud by filing the tax returns under electronic filing identification numbers that the IRS issued to tax return preparation businesses that they obtained without authorization. The conspirators directed that the claimed refunds be mailed to their residences in St. Louis. In total, Taiwo and his co-conspirators filed more than 2,000 fraudulent tax returns that claimed more than $12 million in refunds, of which the IRS paid out $889,712.
“The Department remains committed to prosecuting those who use stolen identities to steal money from the United States by filing false tax returns and claiming fraudulent tax refunds,” said Principal Deputy Assistant Attorney General Zuckerman. “As today’s sentence makes clear, there is a heavy price to pay for such criminal conduct.”
“Today’s sentencing of Babtunde Taiwo highlights how seriously IRS Criminal Investigation and our law enforcement partners take the issue of identity theft,” said Thomas Holloman, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “We will continue to pursue criminals who prey on innocent victims and we will continue to enforce our nation’s tax laws. Today’s sentencings should send a clear message to would-be criminals — you will be caught and you will be punished.”
In addition to the term of imprisonment, Senior U.S. District Judge Catherine D. Perry ordered Taiwo to serve a term of three years of supervised release and to pay restitution to the United States in the amount of $889,712.
Co-conspirator Williams was previously sentenced to 78 months in prison for his role in this scheme as well as voter fraud and re-entering the United States after having been removed.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Jensen commended special agents of IRS-Criminal Investigation, Federal Bureau of Investigation and the United States Postal Inspection Service, as well as the Dothan Alabama Police Department and Alexander City Alabama Police Department, who investigated the case, and Trial Attorneys Michael C. Boteler and Grace Albinson of the Tax Division, who are prosecuting this case with assistance from the United States Attorney’s Offices in the Eastern District of Missouri and the Middle District of Alabama.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Springfield Golf Pro and Home Builder Charged in Superseding Indictment with Making False Statements to a BankRead the Press Release
BOSTON – A federal grand jury in Springfield returned a superseding indictment today charging a Springfield golf professional and a home builder with an additional charge of making false statements to a federally insured institution.
Kevin M. Kennedy, 41, of East Longmeadow, and Kent S. Pecoy, 62, of Wilbraham, were each charged in a superseding indictment with one count of making a false statement to a federally insured financial institution.
According to the superseding indictment, on Jan. 19, 2010, Kennedy and Kent Pecoy made false statements to Charles Schwab Bank on a loan to Kennedy and his wife for the construction of a residence in East Longmeadow in an attempt to conceal a $160,000 cash down payment. These false statements included understating the sale price of the residence lot, the price of the construction, and the deposit and earnest money paid by Kennedy.
On Dec. 19, 2019, the initial indictment charged Kennedy with three counts of theft concerning programs receiving federal funds, four counts of wire fraud, four counts of engaging in monetary transactions in excess of $10,000 with the proceeds of specified unlawful activity, eight counts of money laundering, four counts of filing a false tax return, and one count of conspiracy to defraud the United States. In addition, Kent Pecoy and Jason Pecoy, 39, also of Wilbraham, were also charged with conspiracy to defraud the United States.
The charge of making a false statement provides for a sentence of up to 30 years in prison, five years of supervised release, and a fine of $1 million. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent In Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office and Christopher O’Donnell of the Justice Department’s Criminal Division are prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Seafood Processor and Owner Sentenced for Selling Foreign Crab Meat Falsely Labeled as Product of USARead the Press Release
Capt. Neill’s Seafood Inc. (Capt. Neill’s) of Columbia, North Carolina, and Phillip R. Carawan, the owner, President, and Chief Executive of Capt. Neill’s, were sentenced today by U.S. District Judge Louise Flanagan, in New Bern, North Carolina. Capt. Neill’s was sentenced to a period of five years’ probation and is required to pay a $500,000 fine. Carawan was sentenced to 12 months and one day in prison, followed by three years of supervised release, and is required to pay a $250,000 fine for his role in falsely labeling millions of dollars’ worth of foreign crab meat as “Product of USA.”
“Individuals and companies who seek to profit from the fraudulent mislabeling of seafood harm American fishermen and consumers,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “We are committed to working with our law enforcement partners to hold accountable those who engage in seafood fraud and mislabeling.”
“Seafood mislabeling is consumer fraud that undermines efforts of hardworking, honest fisherman and the free market by devaluing the price of domestic seafood,” said Acting U.S. Attorney General Norman Acker III for the Eastern District of North Carolina. “In this case, the fraudulent scheme artificially deflated the cost of domestic blue crab and gave Carawan an unacceptable economic advantage over law-abiding competitors.”
“Combating seafood fraud continues to be a priority for the NOAA Office of Law Enforcement,” said Director Jim Landon of the Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement. “The effects of this type of fraud impact not only the consumer, but also honest fishermen and the livelihoods of others in the fishing industry. We will continue to identify and investigate those who seek to undermine the legal requirement to accurately label seafood products.”
Capt. Neill’s and Carawan were engaged in the business of purchasing, processing, packaging, transporting, and selling seafood and seafood products, including crab meat from domestically harvested blue crab. According to their plea agreements, Capt. Neill’s and Carawan admitted that beginning at least as early as 2012, and continuing through June 16, 2015, Carawan directed company employees to repack foreign crab meat into containers labeled “Product of USA,” which Capt. Neill’s then sold to customers as jumbo domestically harvested blue crab. The falsely labeled crabmeat was then sold primarily to wholesale membership clubs, but also to retailers. Capt. Neill’s and Carawan further admitted that during that time period, the retail market value of the mislabeled crabmeat they sold was $4,082.841.
As part of his plea agreement, Carawan further admitted that he and his company could not and did not process sufficient quantities of domestic blue crab to meet customer demands. To make up the shortfall, Carawan and his company used foreign crab meat to fulfill customer orders. During the periods when the company did not have a sufficient supply of domestic crab, Carawan and Capt. Neill’s purchased crab meat (not live crabs) from South America and Asia.
As a result of the plea and sentence, Capt. Neill’s will pay restitution to persons whom the government confirmed purchased Capt. Neill’s jumbo crab meat between 2012 and June 16, 2015. For individuals who wish to see whether they qualify for restitution and for further information on the prosecution, please visit the following site: https://www.justice.gov/usao-ednc/captneillsseafoodvictiminformationpage
This case was part of an ongoing effort by the NOAA Office of Law Enforcement, in coordination with the Food and Drug Administration, and the Department of Justice to detect, deter, and prosecute those engaged in the false labeling of crab meat.
This prosecution is being handled by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of North Carolina. The government is represented by Senior Litigation Counsel Banumathi Rangarajan and Trial Attorney Gary N. Donner.
Seafood Processor and Owner Sentenced for Selling Foreign Crab Meat Falsely Labeled as Product of USARead the Press Release
RALEIGH – Capt. Neill’s Seafood Inc. (Capt. Neill’s) of Columbia, North Carolina, and Phillip R. Carawan, the owner, President, and Chief Executive of Capt. Neill’s, were sentenced today by U.S. District Judge Louise Flanagan, in New Bern, North Carolina. Capt. Neill’s was sentenced to a period of five years’ probation and is required to pay a $500,000 fine. Carawan was sentenced to 12 months and one day in prison, followed by three years of supervised release, and is required to pay a $250,000 fine for his role in falsely labeling millions of dollars’ worth of foreign crab meat as “Product of USA.”
“Individuals and companies who seek to profit from the fraudulent mislabeling of seafood harm American fishermen and consumers,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “We are committed to working with our law enforcement partners to hold accountable those who engage in seafood fraud and mislabeling.”
“Seafood mislabeling is consumer fraud that undermines efforts of hardworking, honest fisherman and the free market by devaluing the price of domestic seafood,” said Acting U.S. Attorney General Norman Acker III for the Eastern District of North Carolina. “In this case, the fraudulent scheme artificially deflated the cost of domestic blue crab and gave Carawan an unacceptable economic advantage over law-abiding competitors.”
“Combating seafood fraud continues to be a priority for the NOAA Office of Law Enforcement,” said Director Jim Landon of the Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement. “The effects of this type of fraud impact not only the consumer, but also honest fishermen and the livelihoods of others in the fishing industry. We will continue to identify and investigate those who seek to undermine the legal requirement to accurately label seafood products.”
Capt. Neill’s and Carawan were engaged in the business of purchasing, processing, packaging, transporting, and selling seafood and seafood products, including crab meat from domestically harvested blue crab. According to their plea agreements, Capt. Neill’s and Carawan admitted that beginning at least as early as 2012, and continuing through June 16, 2015, Carawan directed company employees to repack foreign crab meat into containers labeled “Product of USA,” which Capt. Neill’s then sold to customers as jumbo domestically harvested blue crab. The falsely labeled crabmeat was then sold primarily to wholesale membership clubs, but also to retailers. Capt. Neill’s and Carawan further admitted that during that time period, the retail market value of the mislabeled crabmeat they sold was $4,082.841.
As part of his plea agreement, Carawan further admitted that he and his company could not and did not process sufficient quantities of domestic blue crab to meet customer demands. To make up the shortfall, Carawan and his company used foreign crab meat to fulfill customer orders. During the periods when the company did not have a sufficient supply of domestic crab, Carawan and Capt. Neill’s purchased crab meat (not live crabs) from South America and Asia.
As a result of the plea and sentence, Capt. Neill’s will pay restitution to persons whom the government confirmed purchased Capt. Neill’s jumbo crab meat between 2012 and June 16, 2015. For individuals who wish to see whether they qualify for restitution and for further information on the prosecution, please visit the following site: https://www.justice.gov/usao-ednc/captneillsseafoodvictiminformationpage
This case was part of an ongoing effort by the NOAA Office of Law Enforcement, in coordination with the Food and Drug Administration, and the Department of Justice to detect, deter, and prosecute those engaged in the false labeling of crab meat.
This prosecution is being handled by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of North Carolina. The government is represented by Senior Litigation Counsel Banumathi Rangarajan and Trial Attorney Gary N. Donner.
San Antonio Husband and Wife Sentenced for Tire Theft ConspiracyRead the Press Release
BEAUMONT, Texas - A San Antonio man and his wife have been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Joel Vargas, 34, and Angelica Vargas, 39, were found guilty by a jury of federal violations following a five-day trial in March 2019 and were sentenced by U.S. District Judge Marcia A. Crone on Jan. 8, 2020. Joel Vargas was convicted of two counts of interstate transportation of stolen property, conspiracy to transport stolen property in interstate commerce, and tampering with a witness. He was sentenced to a total of 235 months in federal prison and ordered to pay restitution in the amount of $1,278,580.27. Angelica Vargas was convicted of conspiracy to transport stolen property in interstate commerce and was sentenced to 60 months in federal prison and ordered to pay restitution in the amount of $1,071,344.38.
According to information presented in court, on Dec. 17, 2017, over $38,000 in automotive tires were stolen during a burglary of the Goodyear Commercial Tire and Service Center on Cardinal Drive in Beaumont, Texas. The investigation of the burglary led to Joel and Angelica Vargas, who were part of a multi-participant conspiracy. The conspiracy targeted commercial tire businesses, resulting in the theft, trafficking and sale of commercial tires, specifically 18-wheeler truck tires. Over a 15-year period, the conspiracy targeted over 100 tire stores or concrete/gravel yards, where they would force entry into the premises, disable surveillance equipment, steal tires, and then remove the tires in rental moving van type vehicles. Over 50 rental moving vehicles were stolen to facilitate the crimes. Joel Vargas was also found guilty of threatening a trial witness. In all, seven individuals were convicted as part of this investigation.
“This was a major theft ring that cost businesses a very large amount of money,” said U.S. Attorney Joseph D. Brown. “They operated all over the state of Texas.”
“I’m very proud of the work our officer did to clear this case,” said Beaumont Police Chief Jimmy Singletary. “It just goes to show how much law enforcement can accomplish when working across jurisdictional lines.”
This case was investigated by the Beaumont Police Department and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorneys Michael Anderson, Chris Rapp, and Christopher T. Tortorice.
San Anselmo Resident Pleads Guilty in ID Theft and Tax Fraud SchemeRead the Press Release
SAN FRANCISCO – Parnian Djafarzadeh, aka Parnian Clark, aka Saundra Djafarzadeh, pleaded guilty to possessing stolen mail, filing a false claim, and committing wire fraud in connection with a multi-year tax fraud scheme, announced United States Attorney David L. Anderson and Internal Revenue Service (IRS), Criminal Investigation, Special Agent in Charge Kareem Carter. The guilty pleas were accepted by the Honorable Charles R. Breyer, Senior United States District Judge.
According to the plea agreement, Djafarzadeh, 42, of San Anselmo, Calif., admitted she devised and executed a scheme to defraud the United States by filing false federal income tax returns with the IRS from 2010 through 2012. Djafarzadeh further admitted she wrongfully obtained personal identifying information, including names and social security numbers, of Marin County residents. She then used that information to prepare and electronically file false tax returns in their names without their knowledge or consent. In addition, according to the plea agreement, Djafarzadeh filed fraudulent federal income tax returns claiming a total of $219,635.89, as a result of which the IRS paid refunds of at least $90,822.30. Djafarzadeh also admitted in the plea agreement that she obtained and knowingly possessed stolen mail from one of her neighbors.
A federal grand jury indicted Djafarzadeh on April 21, 2016, charging her with one count of possession of stolen mail, in violation of 18 U.S.C. § 1708; fourteen counts of false claims, in violation of 18 U.S.C. § 287; three counts of wire fraud, in violation of 18 U.S.C. § 1343; and three counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. Djafarzadeh pleaded guilty to one count of possession of stolen mail, one count of filing a false claim, and one count of wire fraud. If she complies with the plea agreement, the remaining counts will be dismissed at sentencing.
Judge Breyer scheduled Djafarzadeh’s sentencing hearing for April 29, 2020. Pursuant to the plea agreement, Djafarzadeh has agreed to pay restitution of at least $90,952.48. The maximum statutory penalty for possession of stolen mail, in violation of 18 U.S.C. § 1708, is five years in prison and a fine of $250,000. The maximum sentence for false claims, in violation of 18 U.S.C. § 287, is five years in prison and a fine of $250,000. The maximum sentence for wire fraud, in violation of 18 U.S.C. § 1343, is twenty years in prison and a fine of $250,000. Additional fines, forfeitures, restitution, and special assessments also may be imposed. 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.
Assistant U.S. Attorney Thomas Moore is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation, with the assistance of the U.S. Postal Inspection Service.
Rockland County Man Pleads Guilty to Defrauding InvestorsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JORGE PADILLA pled guilty today to defrauding victims of more than $900,000 by soliciting investments in a sham financial firm based on misrepresentations and fraudulent documents. PADILLA pled guilty before U.S. District Judge J. Paul Oetken.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Jorge Padilla fleeced investors through lies and deception. He lied about the very existence of the company through which he solicited investors, and he sent investors fraudulent statements to prop up the scheme. Padilla now awaits sentencing for his crime.”
According to the allegations contained in the Complaint and Information against PADILLA and other documents filed in federal court:
From at least in or about September 2014 through in or about April 2017, JORGE PADILLA orchestrated a scheme to solicit investments in a sham family investment office, Dunatos Capital. PADILLA, a financial professional registered with the Financial Industry Regulatory Authority (“FINRA”), worked throughout the period at issue for large financial institutions. Nevertheless, PADILLA, targeting Argentina-based victim-investors who had been clients of one such institution, claimed he had gone to work for Dunatos Capital, purportedly a family office managing tens of millions of dollars in investments. In order to solicit investments in this sham firm, PADILLA made false representations, including claiming, for example, that Dunatos had tens of millions of dollars under management, was regulated by U.S. financial regulators, and operated out of non-existent Manhattan-based offices. After victims transferred funds pursuant to PADILLA’s directions, PADILLA prepared and sent fraudulent statements about how the funds were invested. PADILLA solicited more than $900,000 in purported investments in the sham firm.
* * *
PADILLA, 33, of Haverstraw, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentence for the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Katherine Reilly and Michael McGinnis are in charge of the prosecution.
Rochester Man Sentenced to Prison After Jury Convicts Him of Gun and Drug 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 Sofonzia Mack, 37, of Rochester, NY, who was convicted following a jury trial of possession with intent to distribute marijuana, and being a felon in possession of a handgun and ammunition, was sentenced to serve 36 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorneys Matthew T. McGrath and Charles E. Moynihan, who handled the trial of the case, stated that on March 28, 2017, Rochester Police officers stopped a blue Kia Sedona in the 800 block of Exchange Street in Rochester after seeing the driver commit multiple violations of the New York State Vehicle and Traffic Law. As officers approached the vehicle, they smelled what they believed to be marijuana coming from inside. The driver and the defendant, who was in the front passenger seat, were directed to get out of the vehicle so officers could further investigate the smell.
While searching the defendant, officers found a .25 caliber, semiautomatic pistol in Mack’s jacket pocket. Officers could see the serial number on the firearm had been defaced and that it was loaded with four rounds of ammunition. Officers also seized 21 plastic vials containing marijuana in a draw-string bag, which the defendant had secured over his shoulder at the time of the stop, and over $900 in United States currency located in the center console.
On July 30, 2007, in Albany County Court, the defendant was convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree and sentenced to serve three years in prison. As a result, Mack was legally prohibited from possessing a gun.
In addition to convicting defendant of the aforementioned charges, the jury found Mack not guilty of two other gun charges.
The matter was brought by the United States 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.
The sentencing 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 Division.
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Repeat Offender Receives More than a Year in Federal Prison for Second Escape from CustodyRead the Press Release
A man who escaped from the custody of the Gerald R. Hinzman Residential Center in Cedar Rapids, Iowa, for the second time was sentenced on January 6, 2020, to more than a year in federal prison.
Jamie Goad, age 30, from Cedar Rapids, Iowa, received the prison term after an October 17, 2019 guilty plea to escape from custody.
Goad’s first federal sentence of imprisonment was imposed on December 23, 2010, after he pled guilty to being a prohibited person in possession of a firearm. While on supervised release in that case, Goad escaped from the custody of the Hinzman Center on December 11, 2013. After he pled guilty to escape from custody, he was sentenced to prison in that case on August 25, 2014. While on supervised release this time, he escaped from the Hinzman Center for the second time on January 8, 2019.
Goad was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Goad was sentenced to 15 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Goad 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 Kyndra Lundquist and investigated by the United States Marshals Service. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-99.
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Queens Woman Sentenced to 15 Years’ Imprisonment for Teaching and Distributing Information About Weapons of Mass DestructionRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, New York, Asia Siddiqui was sentenced to 15 years’ imprisonment by United States District Judge Sterling Johnson Jr. for her role in planning to build a bomb for use in a terrorist attack in the United States. Siddiqui and her co-defendant, Noelle Velentzas, pleaded guilty on August 23, 2019 to a charge of teaching or distributing information pertaining to the making and use of an explosive, destructive device, and weapon of mass destruction in furtherance of a planned federal crime of violence. Velentzas is awaiting sentencing.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the sentence.
“Lives were saved when the defendants’ plot to detonate a bomb in a terrorist attack was thwarted by the tireless efforts of law enforcement,” stated United States Attorney Donoghue. “This is precisely the reason why countering terrorism remains the highest priority of the Department of Justice, and working with the FBI, the NYPD and our Joint Terrorism Task Force partners, we will continue to do everything possible to stay steps ahead of aspiring terrorists and their evil plans to harm Americans.”
“With the sentence imposed by the court, Siddiqui has been held accountable for her crimes. Inspired by radical Islam, Siddiqui and her co-defendant researched and taught each other how to construct bombs to be used on American soil against law enforcement and military targets,” stated Assistant Attorney General Demers. “They were thwarted by the excellent work of the agents, analysts and prosecutors who are responsible for this investigation and prosecution. For this, we are grateful.”
“Asia Siddiqui and co-defendant Noelle Velentzas were more than prepared to kill Americans and fellow New Yorkers. Thanks to the dedicated work of the FBI’s JTTF in New York and our many law enforcement partners, they never succeeded. Today, Siddiqui’s fate has been sealed as we await one final sentencing that will decisively bring this case to a close,” stated FBI Assistant Director-in-Charge Sweeney.
“Today’s sentencing is a strong and timely reminder that the NYPD and its partners in law enforcement will never stop pursuing those who, if undetected, would plan and execute acts of terrorism in the United States,” stated NYPD Commissioner Shea. “I want to thank the members of the Department of Justice, the FBI and the NYPD for their work each and every day and on this investigation.”
Between approximately 2013 and 2015, Siddiqui and Velentzas planned to build a bomb for use in a terrorist attack in the United States. They taught each other chemistry and electrical skills directly related to creating explosives and building detonating devices; conducted research on how to make plastic explosives and build a car bomb; shopped for materials for use in an explosive device; and discussed explosive devices used in past terrorist incidents, including the Boston Marathon bombing, Oklahoma City bombing and 1993 World Trade Center attack. They then researched potential targets for an attack, focusing on law enforcement and military-related targets.
Siddiqui’s long-term interest in violent terrorist-related activities was demonstrated in her written submissions to a radical jihadist magazine edited by Samir Khan – a prominent figure and member of the designated foreign terrorist organization al-Qaeda in the Arabian Peninsula. In a poem titled “Take Me to the Lands Where the Eyes Are Cooled,” Siddiqui wrote that she “taste[s] the Truth through fists and slit throats,” and that there is “[n]o excuse to sit back and wait – for the skies rain martyrdom.”
At the time of the defendants’ arrests, law enforcement agents searched their residences and seized tools of the trade for terrorists, including propane gas tanks, soldering tools, car bomb instructions, machetes, knives and jihadist literature.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Craig R. Heeren, Jennifer M. Sasso, Michael T. Keilty, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
The Defendant:
ASIA SIDDIQUI
Age: 35
Queens, New YorkE.D.N.Y. Docket No. 15-CR-213 (SJ)
Queens Woman Sentenced to 15 Years’ Imprisonment for Teaching and Distributing Information About Weapons of Mass DestructionRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, New York, Asia Siddiqui was sentenced to 15 years’ imprisonment by United States District Judge Sterling Johnson Jr. for her role in planning to build a bomb for use in a terrorist attack in the United States. Siddiqui and her co-defendant, Noelle Velentzas, pleaded guilty on Aug. 23, 2019, to a charge of teaching or distributing information pertaining to the making and use of an explosive, destructive device, or weapon of mass destruction in furtherance of a planned federal crime of violence. Velentzas is awaiting sentencing.
“With the sentence imposed by the court, Siddiqui has been held accountable for her crimes. Inspired by radical Islam, Siddiqui and her co-defendant researched and taught each other how to construct bombs to be used on American soil against law enforcement and military targets,” said Assistant Attorney General for National Security John C. Demers. “They were thwarted by the excellent work of the agents, analysts and prosecutors who are responsible for this investigation and prosecution. For this, we are grateful.”
“Lives were saved when the defendants’ plot to detonate a bomb in a terrorist attack was thwarted by the tireless efforts of law enforcement,” said U.S. Attorney Richard P. Donoghue for the Eastern District of New York. “This is precisely the reason why countering terrorism remains the highest priority of the Department of Justice, and working with the FBI, the NYPD and our Joint Terrorism Task Force partners, we will continue to do everything possible to stay steps ahead of aspiring terrorists and their evil plans to harm Americans.”
“Asia Siddiqui and co-defendant Noelle Velentzas were more than prepared to kill Americans and fellow New Yorkers. Thanks to the dedicated work of the FBI’s JTTF in New York and our many law enforcement partners, they never succeeded. Today, Siddiqui’s fate has been sealed as we await one final sentencing that will decisively bring this case to a close,” said FBI Assistant Director-in-Charge William F. Sweeney.
“Today’s sentencing is a strong and timely reminder that the NYPD and its partners in law enforcement will never stop pursuing those who, if undetected, would plan and execute acts of terrorism in the United States,” said NYPD Commissioner Dermot F. Shea. “I want to thank the members of the Department of Justice, the FBI and the NYPD for their work each and every day and on this investigation.”
Between approximately 2013 and 2015, Siddiqui and Velentzas planned to build a bomb for use in a terrorist attack in the United States. In furtherance of their plan, the defendants taught each other chemistry and electrical skills related to creating explosives and building detonating devices, conducted research on how to make plastic explosives and how to build a car bomb, and shopped for and acquired materials to be used in an explosive device. They discussed similar devices used in past terrorist incidents like the Boston Marathon bombing, Oklahoma City bombing, and 1993 World Trade Center attack and researched potential targets of an attack, focusing on law enforcement and military-related targets.
Siddiqui’s interest in violent terrorist-related activities was reflected in her written submissions to a radical jihadist magazine edited by Samir Khan — a now- deceased prominent figure and member of the designated foreign terrorist organization al-Qaeda in the Arabian Peninsula (AQAP). In a poem called “Take Me to the Lands Where the Eyes Are Cooled,” Siddiqui wrote that she “taste[s] the Truth through fists and slit throats” and that there is “[n]o excuse to sit back and wait – for the skies rain martyrdom.”
When the defendants were arrested, law enforcement officers seized propane gas tanks, soldering tools, car bomb instructions, jihadist literature, machetes and several knives from their residences.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Craig R. Heeren, Jennifer M. Sasso, Michael T. Keilty, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
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.
Prince George’s County Felon Pleads Guilty to Illegal Possession of Firearms and AmmunitionRead the Press Release
Greenbelt, Maryland – Jerome Francis Canty, age 23, of Oxon Hill, Maryland, pleaded guilty today to being a felon in possession of firearms and ammunition, and to violating his supervised release from a January 31, 2018 federal conviction for illegal possession of a firearm and ammunition by a convicted felon.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to his guilty plea, on June 5, 2019, in response to a citizen complaint, Prince George’s County Police officers responded to an apartment in Temple Hills, Maryland, where they saw Canty and another man on the couch in the living room. Officers also saw a black handgun in plain view on the couch next to Canty’s left leg. The gun was a .40-caliber semi-automatic pistol. The officers detained Canty and the other man. The officers also saw a second firearm—a 9x19 millimeter caliber semi-automatic pistol—protruding from Canty’s right pants pocket. Both guns were loaded. At the time of the incident, a minor was asleep on the couch near the loaded firearms and three other children, all under the age of 10, were also in the apartment with the men.
The officers removed the two men from the apartment. As they walked toward the police cruiser, Canty told the officers that the “guns were his.” Canty also provided consent for law enforcement to search his vehicle and provided the keys to the officers. During the search, law enforcement recovered a loaded .40-caliber semi-automatic pistol, loose ammunition, two additional magazines, including a 30-round magazine, located next to the loaded pistol, and $8,010 in cash found in a trash bag. Both of the .40-caliber pistols had previously been reported as stolen.
As detailed in his plea agreement, Canty knew that as a result of his previous conviction he was prohibited from possessing the three firearms and 99 rounds of ammunition.
Canty and the government have agreed that, if the Court accepts the plea agreement, Canty will be sentenced to 57 months in federal prison for illegal possession of firearms and ammunition. The parties also agree that the advisory guidelines range for the violation of supervised release is between eight and 14 months, but there is no agreement as to whether that sentence shall be ordered to be served concurrently or consecutively. U.S. District Judge Theodore D. Chuang has scheduled sentencing for April 17, 2020 at 10:00 a.m.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
United States Attorney Robert K. Hur commended the ATF and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Jennifer R. Sykes, who is prosecuting the case.
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Police Find Gun During Domestic Disturbance Investigation, Leading to Federal Prison Time for Domestic AbuserRead the Press Release
A convicted domestic abuser who beat and a strangled a woman and unlawfully possessed a gun was sentenced January 8, 2020, to more than a year in federal prison.
Charles Dwayne Carter, age 28, from Dubuque, Iowa, received the prison term after an August 6, 2019 guilty plea to possessing a firearm as a convicted domestic abuser.
In a plea agreement, Carter admitted he possessed a gun in August 2018. Police discovered the gun while investigating a domestic incident. Carter had assaulted the victim by striking her in the face and arms causing red marks, swelling, bruising, and pain. He then grabbed a towel rack and struck her in the face causing a raised, red bump on her left eyebrow. Carter also strangled her, causing her to “blackout” and hit her with a belt. When the police arrived, they found Carter hiding in the trunk of the victim’s car.
During the subsequent investigation, the police found a gun in Carter’s dresser drawer. Carter was prohibited from possessing guns because he had two prior convictions for domestic abuse.
Carter was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Carter was sentenced to 18 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, and the Dubuque County Sheriff’s Office. For more information about Project Guardian, please see /media/1122011/dl?inline.
Carter 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 Emily K. Nydle and investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-1007.
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Pell City Woman Sentenced to 2 ½ Years in Prison for Wire and Bank FraudRead the Press Release
Pell City Woman Sentenced to 2 ½ Years in Prison for Wire and Bank Fraud
BIRMINGHAM –A federal judge today sentenced a Pelly City woman for orchestrating a sophisticated financial fraud scheme involving over $200,000 in fraudulent transfers, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie Axon sentenced JULIA HOLLIS MEYERS, to 30 months in prison for wire fraud and bank fraud related to her stealing money from her employer. Meyers pled guilty to one count wire fraud and one count bank fraud in August.
“Motivated by greed, Meyers violated the trust of her employer,” Town said. “Meyers chose a life of theft and fraud and will now spend time in the bed space reserved for her in federal prison.”
“Anyone who tries to take advantage of a trusted position by illegally profiting from it should see this sentencing as a warning that the FBI is determined to pursue justice for the companies who are victimized,” Sharp said.
According to court documents, Meyers was previously employed by Hibbett Sports, Inc., as a Senior Lease Administrator. Between 2014 and 2018, Meyers engaged in a scheme to direct ACH payments from Hibbett Sports to her personal bank account. Meyers obtained checks for vendor lease payments from Hibbett Sports and deposited the checks into her personal bank account. Meyers’ scheme resulted in her stealing $207,357.56 from her employer.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.
Oregon Military Department Employee Pleads Guilty to Making False StatementsRead the Press Release
PORTLAND, Ore.—Dominic Caputo, 48, of Clackamas County, Oregon, pleaded guilty today to making false statements while employed as a civilian program manager for the Oregon National Guard Oregon Sustainment Maintenance Site (OSMS).
According to court documents, the Oregon National Guard (ONG) operates and maintains the OSMS at Camp Withycombe, an Oregon Military Department installation in Clackamas County. OSMS supports readiness and training of the U.S. Military by refurbishing out-of-service electronic equipment owned by the U.S. Department of Defense. In the event of an emergency or declaration of war, OSMS deploys refurbished equipment to other military bases or installations. During the time alleged in the Indictment and until 2015, OSMS was the only maintenance site in the United States capable of repairing and rebuilding certain engines in support of the federal military supply system.
From 2010 to 2014, Caputo served as a civilian program manager for the OSMS Power Division where he directed, controlled, and supervised the rebuilding and repair of small and large engines, generators, tires and other types of equipment. Caputo was responsible for certifying completed work and submitting claims to the U.S. Army Communications-Electronics Command (CECOM) under the National Maintenance and RESET Programs.
In Fiscal Year 2014, Caputo billed CECOM more than $675,000 for the repair and rebuilding of John Deere Diesel Engines despite the work having not been performed. More than 60 of the engines had already been repaired and billed to CECOM in prior fiscal years. For those engines, Caputo directed Power Division employees to remove and replace original serial numbers and identifying engine plates from the engines to conceal the duplicate billing.
In June 2014, Caputo willingly and knowingly prepared a work order and run test data indicating that the falsified repair work on an engine had been performed. Caputo submitted this false information to CECOM. Caputo’s employment with OSMS was terminated in November 2014 when his fraud was revealed.
In September 2018, a federal grand jury in Portland indicted Caputo for misrepresenting the operational status of military equipment used to maintain a war-ready posture.
Caputo faces a maximum sentence of five years in prison, a $100,000 fine and three years of supervised release. He will be sentenced on May 4, 2020 before U.S. District Court Judge Karin J. Immergut.
As part of the plea agreement, Caputo has agreed to pay more than $2.6 million in restitution to CECOM.
This case was investigated by the FBI, the U.S. Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS), and the U.S. Army Criminal Investigation Command (CID). It is being prosecuted by Michelle Kerin, Assistant U.S. Attorney for the District of Oregon.
Orange County Man Charged with Additional Federal Hate Crimes for December 28, 2019, Machete Attack at Rabbi’s HomeRead the Press Release
Eric Dreiband, Assistant Attorney General for Civil Rights, Geoffrey S. Berman, the United States Attorney for the Southern District of New York and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the FBI announced today that Grafton Thomas has been indicted by a federal grand jury with five counts of willfully causing bodily injury to five victims because of the victims’ religion and five counts of obstructing the free exercise of religion in an attempt to kill, federal hate crimes, related to his alleged machete attack during Hanukkah observances at a rabbi’s home in Monsey, New York, on the night of Dec. 28, 2019.
“Since before our founding as a nation and ever since, this country has provided refuge for people from other parts of the world who suffered violence and other forms of persecution because of their right to believe and worship as they see fit,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The United States remains today a beacon of freedom for persecuted religious people all over the world, and violent attacks against anyone because of religion is both illegal and against everything our nation stands for. The United States Department of Justice will continue to prosecute anyone who engages in such conduct to the fullest extent of the law.”
“On December 28, 2019, Grafton Thomas allegedly came armed with an 18-inch machete and entered a rabbi’s home, where dozens had gathered for the holiday,” said U.S. Attorney Geoffrey S. Berman for the Southern District of New York. “We now allege that he did this with the intention of targeting his victims because of their religion. As alleged, with his face concealed beneath a scarf, he slashed and stabbed the assembled congregants, fled, and left at least five victims in his wake. Thomas faces life in prison for his alleged violent acts of prejudice and intolerance.”
“When an individual’s actions cross the threshold of a federal crime, as we allege Mr. Grafton did here, we will act swiftly,” said FBI Assistant Director William F. Sweeney Jr. “The message from today’s charges should be crystal clear – the FBI won’t tolerate violence against anyone. Working with our partners, we will hold anyone who commits a crime like this accountable for their actions. The federal penalties for this type of attack are severe and justified. In this instance, the local community was engaged, and their actions were essential to saving lives and led directly to Mr. Grafton’s capture. It’s the rest of our community’s joint responsibility to step up and engage as well – don’t give hate a platform to propagate and don’t dismiss this type of behavior as someone else’s problem, address it and immediately report suspicious activity to authorities.”
According to the allegations in the Indictment and the Complaint:
On Dec. 28, 2019, Thomas entered a Rabbi’s home in Monsey, New York, which is adjacent to the Rabbi’s synagogue, during observances related to the end of Shabbat and the seventh night of Hanukkah. Thomas declared to dozens of assembled congregants, “no one is leaving,” and attacked the group with an 18-inch machete. At least five victims were hospitalized with serious injuries, including slash wounds, deep lacerations, a severed finger, and a skull fracture.
Following the attack, Thomas traveled in a car to New York City, and he was stopped in Harlem by members of the New York City Police Department. The responding officers observed what appeared to be blood on Thomas’s hands and clothing, and smelled bleach coming from his vehicle. A search of Thomas’s vehicle led to the seizure of, among other things, a machete that appeared to have traces of dried blood on it. Law enforcement subsequently searched Thomas’s residence and cellphone pursuant to warrants. The residence contained handwritten journals with several pages of anti-Semitic references, including references to “Adolf Hitler” and “Nazi Culture.” Thomas’s cellphone contained Internet searches dating back to at least November 2019 for terms such as “Zionist Temples” in Staten Island and New Jersey, “why did Hitler hate the Jews,” and “prominent companies founded by Jews in America,” as well as a webpage visit on the day of the attack to an article titled, “New York Increases Police Presence in Jewish Neighborhoods After Anti-Semitic Attacks. Here’s What to Know.”
Thomas, 37, is charged with five counts of willfully causing bodily injury to, and attempting to kill, five victims because of their religion in violation of Title 18, United States Code, Section 249, and five counts of obstructing the free exercise of religion in an attempt to kill, in violation of Title 18, United States Code, Section 247. Each of the 10 counts carries a maximum prison term of life. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Assistant Attorney General Dreiband and Mr. Berman praised the outstanding efforts of the FBI, the Rockland County District Attorney’s Office, the Ramapo Police Department, the Rockland County Sherriff’s Office, the New York State Police, the Clarkstown Police Department, and the New York City Police Department.
This case is being handled by the Office’s Terrorism and International Narcotics Unit, its White Plains Division, and the Civil Rights Unit of the Office’s Civil Division. Assistant U.S. Attorneys Michael K. Krouse, Lindsey Keenan, and Lara K. Eshkenazi are in charge of the prosecution.
The charges in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
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.
Orange County Man Charged with Additional Federal Hate Crimes for December 28, 2019, Machete Attack at Rabbi’s HomeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Eric Dreiband, Assistant Attorney General for Civil Rights, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that GRAFTON THOMAS has been indicted by a federal grand jury with five counts of willfully causing bodily injury to five victims because of the victims’ religion and five counts of obstructing the free exercise of religion in an attempt to kill, federal hate crimes, related to his machete attack during Hanukkah observances at a rabbi’s home in Monsey, New York, on the night of December 28, 2019.
Manhattan U.S. Attorney Geoffrey S. Berman said: “On December 28, 2019, Grafton Thomas allegedly came armed with an 18-inch machete and entered a rabbi’s home, where dozens had gathered for the holiday. We now allege that he did this with the intention of targeting his victims because of their religion. As alleged, with his face concealed beneath a scarf, he slashed and stabbed the assembled congregants, fled, and left at least five victims in his wake. Thomas faces life in prison for his alleged violent acts of prejudice and intolerance.”
Assistant Attorney General Eric Dreiband said: “Since before our founding as a nation and ever since, this country has provided refuge for people from other parts of the world who suffered violence and other forms of persecution because of their right to believe and worship as they see fit. The United States remains today a beacon of freedom for persecuted religious people all over the world, and violent attacks against anyone because of religion are both illegal and against everything our nation stands for. The United States Department of Justice will continue to prosecute anyone who engages in such conduct to the fullest extent of the law.”
FBI Assistant Director William F. Sweeney Jr. said: “When an individual’s actions cross the threshold of a federal crime, as we allege Mr. Thomas did here, we will act swiftly. The message from today’s indictment should be crystal clear – the FBI won’t tolerate violence against anyone. Working with our partners, we will hold anyone who allegedly commits a crime like this accountable for their actions. The federal penalties for this type of attack are severe and justified. In this instance, the local community was engaged, and their actions were essential to saving lives and led directly to Mr. Thomas’s capture. It’s the rest of our community’s joint responsibility to step up and engage as well – don’t give hate a platform to propagate and don’t dismiss this type of behavior as someone else’s problem, address it and immediately report suspicious activity to authorities.”
According to the allegations in the Indictment and the Complaint[[1]]:
On December 28, 2019, THOMAS entered a Rabbi’s home in Monsey, New York, which is adjacent to the Rabbi’s synagogue, during observances related to the end of Shabbat and the seventh night of Hanukkah. THOMAS declared to dozens of assembled congregants, “no one is leaving,” and attacked the group with an 18-inch machete. At least five victims were hospitalized with serious injuries, including slash wounds, deep lacerations, a severed finger, and a skull fracture.
Following the attack, Thomas traveled in a car to New York City, and he was stopped in Harlem by members of the New York City Police Department. The responding officers observed what appeared to be blood on THOMAS’s hands and clothing, and smelled bleach coming from his vehicle. A search of THOMAS’s vehicle led to the seizure of, among other things, a machete that appeared to have traces of dried blood on it. Law enforcement subsequently searched THOMAS’s residence and cellphone pursuant to warrants. The residence contained handwritten journals with several pages of anti-Semitic references, including references to “Adolf Hitler” and “Nazi Culture.” THOMAS’s cellphone contained Internet searches dating back to at least November 2019 for terms such as “Zionist Temples” in Staten Island and New Jersey, “why did Hitler hate the Jews,” and “prominent companies founded by Jews in America,” as well as a webpage visit on the day of the attack to an article titled, “New York Increases Police Presence in Jewish Neighborhoods After Anti-Semitic Attacks. Here’s What to Know.”
* * *
THOMAS, 37, is charged with five counts of willfully causing bodily injury to, and attempting to kill, five victims because of their religion in violation of Title 18, United States Code, Section 249, and five counts of obstructing the free exercise of religion in an attempt to kill, in violation of Title 18, United States Code, Section 247. Each of the ten counts carries a maximum prison term of life. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Berman praised the outstanding efforts of the FBI, the Rockland County District Attorney’s Office, the Ramapo Police Department, the Rockland County Sherriff’s Office, the New York State Police, the Clarkstown Police Department, and the New York City Police Department, as well as the U.S. Department of Justice’s Civil Rights Division.
This case is being handled by the Office’s Terrorism and International Narcotics Unit, its White Plains Division, and the Civil Rights Unit of the Office’s Civil Division. Assistant U.S. Attorneys Michael K. Krouse, Lindsey Keenan, and Lara K. Eshkenazi are in charge of the prosecution.
The charges in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and Complaint and the description of the Indictment and Complaint set forth herein constitute only allegations and every fact described should be treated as an allegation.
Ohio Man Pleads Guilty to Conspiracy to Commit Wire FraudRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that ESTEBAN RAMIREZ, III (“RAMIREZ”), age 27, a resident of Lorain, Ohio, entered a plea of guilty January 7, 2020 to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 371.
According to court records, in the beginning of February 2017, Jose Fernandez Morel (“Fernandez”) devised a scheme to defraud by fraudulently representing himself as an immigration attorney. Specifically, Fernandez and other coconspirators acting at his direction, created the fictitious law firm of “Micheal (sic) Browns Immigration Attorneys” with an address of 4207 Parliament Drive, Alexandria, LA 71303. Fernandez enlisted the assistance of RAMIREZ and Heather Tolson (“Tolson”) to receive funds, totaling approximately $8,200, from various individuals who were victims of Fernandez’s scheme. RAMIREZ and Tolson agreed to wire via Western Union the fraudulently obtained funds they received to Fernandez in the Dominican Republic. Part of their agreement was that Fernandez would split these funds with RAMIREZ and Tolson.
During the scheme, Fernandez fraudulently represented himself as an attorney named “Robert McCane” and Fernandez, RAMIREZ, and Tolson represented themselves as employees with the “Micheal Browns Immigration Attorneys” law firm. According to documents filed in federal court, Fernandez, RAMIREZ, and Tolson represented to Individual A’s family members that “McCane” was an attorney associated with the “Micheal Browns Immigration Attorneys” law firm located in Alexandria, LA that also had offices in New York and Ohio. Fernandez, RAMIREZ, and Tolson utilized various email accounts to communicate with Individual A’s family members in an effort to promote the scheme. For example, Fernandez, RAMIREZ, and Tolson created a “Legal Services Agreement” that was emailed to Individual A’s family members which referenced a $4,980.00 fee and a $980.00 initial deposit for “attorney’s fees and cost incurred by clients.” Fernandez, RAMIREZ, and Tolson obtained money from Individual A’s family members under the guise of collecting a retainer to provide legal services for Individual A and under the pretense of posting a bond to secure the release of Individual A from immigration custody.
In addition, Tolson opened a bank account at a Chase Bank branch in Lorain, OH in order to receive fraudulently obtained payments from Individual A’s family members and Fernandez, RAMIREZ, and Tolson utilized various Chase Bank locations in Lorain, OH and Western Union agent branches to conduct cash transactions to withdraw payments from Individual A’s family members. Further, RAMIREZ and Tolson utilized Western Union locations to wire fraudulently obtained payments to Fernandez in the Dominican Republic. Finally, Fernandez, RAMIREZ, and Tolson falsely represented themselves as employees of the U.S. Department of Homeland Security.
On February 11, 2019, Special Agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) arrested Tolson and RAMIREZ in Ohio. On February 11, 2019, Tolson and RAMIREZ appeared before a federal magistrate judge in Ohio who released Tolson on a $10,000 bond and with the condition that she appear in U.S. District Court for the Eastern District of Louisiana on February 25, 2019. RAMIREZ was detained. The U.S. Attorney’s Office for the Eastern District of Louisiana and HSI are working with the U.S. Department of Justice’s Office of International Affairs and the U.S. Department of State to extradite Fernandez from the Dominican Republic.
RAMIREZ faces maximum sentence of five (5) years. Upon release from prison, RAMIREZ also faces a term of supervised release up to (3) three years, and/or a fine of $250,000 or the greater of twice the gross gain to each defendant or twice the gross loss to any person under Title 18, United States Code, Section 3571. Sentencing by U.S. District Judge Sarah S. Vance is scheduled for May 6, 2020.
U.S. Attorney Peter G. Strasser praised the work of Homeland Security Investigations. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
North Country Hunting Guide Indicted for Hunting Waterfowl over BaitRead the Press Release
SYRACUSE, NEW YORK - William “Bill” Saiff III, age 56, of Henderson, New York, was arraigned yesterday in federal court in Syracuse after being charged by indictment with three felony counts for hiring guides to lead paying hunters on illegal waterfowl hunts over baited ponds in October and November 2018 in Jefferson County, New York. The charges were announced by United States Attorney Grant C. Jaquith; Ryan Noel, Regional Special Agent in Charge, U.S. Fish and Wildlife Service, Office of Law Enforcement; and Bernard Rivers, Director of Law Enforcement, New York State Department of Environmental Conservation.
If convicted, Saiff faces up to 5 years in prison on each count, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
At the time of these offenses, Saiff was on probation for a previous misdemeanor conviction in federal court in Syracuse in 2017 for guiding illegal waterfowl hunts over bait. Saiff has been charged separately with violating the terms of his probation based upon this new criminal conduct.
The charges in the indictment and in the probation violation petition are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement, and the New York State Department of Environmental Conservation, Division of Law Enforcement, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
New Orleans Man Sentenced for Armed Robbery SpreeRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JAMES RAIFORD, age 26, of New Orleans, was sentenced on January 7, 2020 to a term of 74 months for multiple violations of Hobbs Act Robbery, and one count of Attempted Hobbs Act Robbery. Additionally, the Honorable Wendy B. Vitter, U.S. District Court Judge of the Eastern District of Louisiana, sentenced RAIFORD to serve 120 months, to run consecutive to the 74 month sentence, for violating the Federal Gun Control Act, by brandishing a firearm during and in relation to the Hobbs Act Robberies and Attempted Hobbs Act Robbery. After the completion of his sentence, RAIFORD will be on supervised release for a period of 3 years.
Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department conducted an investigation into armed robberies occurring at various businesses located in New Orleans, Louisiana during April of 2018. On April 17, 2018, RAIFORD robbed the Boost Mobile cellular telephone store located at 7058 Read Boulevard, while in possession of a firearm. On April 19, 2018, RAIFORD robbed the Boost Mobile cellular telephone store located at 5741 Crowder Boulevard, while in possession of a firearm. On April 19, 2018, RAIFORD robbed the Dollar General store located at 11020 Morrison Road, while in possession of a firearm. On April 24, 2018, RAIFORD robbed the Kwik Pik gas station and convenience store located at 10040 Morrison Road, while in possession of a firearm. The last robbery occurred on April 25, 2018, at the Boost Mobile cellular telephone store located at 2277 St. Claude Avenue. RAIFORD brandished firearms and threatened harm to the victims during each of the robberies. RAIFORD obtained $3,572.00 in total as a result of the robberies.
NOPD detectives identified RAIFORD from surveillance camera footage recovered from the stores. A search of RAIFORD’s cellular telephone showed that RAIFORD researched the robberies after he committed them.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Peter G. Strasser praised the work of the Bureau of Alcohol, Tobacco, and Firearms and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
New Haven Man Guilty of Gun Possession and Marijuana Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JAMIE MIDDLEBROOK, 20, of New Haven, has been convicted of firearm possession and drug trafficking offenses.
According to the evidence presented during a trial before U.S. District Judge Janet C. Hall in New Haven, in the afternoon of November 1, 2019, New Haven Police detectives patrolling the area of Grand Avenue and Hamilton Street saw Middlebrook standing on a corner. As the police cruiser approached Middlebrook, he ran through a parking lot. During a pursuit, detectives observed Middlebrook duck down and place a firearm behind the tire of a pickup truck on the ground in the parking lot. The firearm, a loaded SCCY CPX-1, 9mm pistol, was recovered, and Middlebrook was apprehended after a foot chase a few blocks away from the parking lot. Investigators subsequently retrieved a bag that Middlebrook left on the corner where he was standing before he fled. The bag contained approximately 19 grams of marijuana packaged for individual sale.
Middlebrook’s criminal history includes a state felony conviction, in 2018, for sale of a crack cocaine. In November 2019, Middlebrook was serving two separate terms of conditional discharge stemming from state convictions.
Yesterday, the jury found Middlebrook guilty of one count of possession with intent to distribute marijuana, and not guilty of one count of possession of a firearm in furtherance of a drug trafficking crime. Today, before the jury returned a verdict on the third count of the indictment, which charged Middlebrook with possession of a firearm by a convicted felon, Middlebrook pleaded guilty to the offense.
Judge Hall scheduled sentencing for April 6, 2020 at which time Middlebrook faces a maximum term of imprisonment of 15 years.
This investigation was conducted by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorneys Maria del Pilar Gonzalez and Margaret M. Donovan.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Medicare Fraud Complaint Filed Against Physician, His Siblings, and a Home Health Agency They Owned and OperatedRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced today the filing of a civil Medicare fraud complaint against physician Conrado Castor, age 74, of Schererville, Indiana, American Home Health Services, Inc. of Schererville, Indiana and its owners, Aurea Duncan, age 59, of Crown Point, Indiana, and Jacob Castor, age 58, of Dyer, Indiana for submitting claims to Medicare in violation of the Stark Law.
The Stark Law provides that the government will not pay for designated health services if such services were furnished by an entity that had a financial relationship with an immediate family member of the referring physician because such financial relationships can cause overutilization of those services and compromise the physician’s professional judgment. The False Claims Act prohibits an entity from knowingly submitting claims for payment for such services.
The complaint alleges that during 2008-2014, physician Conrado Castor referred numerous Medicare patients for the purpose of receiving home health care services to three home health agencies owned by his immediate family members: American Home Health Services, Inc., Adarna Home Health Care Services, Inc., and Amore Home Health Care Services, Inc. All three entities were owned by Dr. Castor’s immediate family members and billed Medicare for home health services for patients referred by Dr. Castor. Medicare paid over 400 claims totaling over $1.2 million to American, Adarna, and Amore for Dr. Castor’s home health care referrals. Defendant American Home Health Services, Inc. is owned by Dr. Castor’s sister, Aurea Duncan, and, during an earlier time period, Dr. Castor’s brother, Jacob Castor. Medicare paid over 300 claims totaling more than $800,000 to American for Dr. Castor’s home health care referrals.
The False Claims Act allows the federal government to recover three times the amount of the false and fraudulent claims submitted to Medicare plus a civil penalty of $5,500 to $11,000 per false claim submitted during 2008-2014. A small portion of recoveries under the federal False Claims Act, three percent, is used to fund the cost of future health care fraud investigations and cases.
“Medical decisions should be based on the best interests of patients and not on the personal financial interests of referring physicians and their family members,” said United States Attorney Thomas L. Kirsch II. “My Office will continue to make it a high priority to file civil suits to recover funds that were paid out under the Medicare program because of health care fraud.”
The United States Attorney’s office emphasizes that a Complaint is merely an allegation and that the United States is required to prove their allegations before defendants can be found liable.
This suit was filed as the result of a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. The case was investigated by the United States Attorney’s Office for the Northern District of Indiana and is being handled by Assistant United States Attorneys Wayne T. Ault and Dirk D. De Lor.
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Marion Co. Man Sentenced for Drug Distribution, Possession of Firearm by Convicted FelonRead the Press Release
LOUISVILLE, Ky. – United States District Judge David J. Hale sentenced Phillip Randolph Johnson Jr. of Marion County, Kentucky, to 180 months followed by 5 years of supervised release after he pleaded guilty to a seven count federal indictment.
“Armed drug dealing will not be tolerated in Marion County or the Western District of Kentucky,” said U.S. Attorney Russell Coleman. “Those who ignore this warning will pay a heavy price, in this case a decade and a half in federal prison.”
“Armed felons who illegally possess and use guns to further drug deals are criminals who pose an increased threat to the safety of our communities,” stated ATF Acting Special Agent in Charge Tommy Estevan of the Louisville Field Division. “ATF provides investigative resources that lead to arrests and successful prosecutions of these offenders”
On October 3, 2019, Johnson, 38 years of age, entered a plea of guilty to all seven counts of the federal indictment. The federal charges included 2 Counts of possession with the intent to distribute cocaine, 2 Counts of possession with the intent to distribute methamphetamine, 1 Count of conspiracy to possess with the intent to distribute methamphetamine and cocaine, 1 Count of possession of a firearm in furtherance of drug trafficking, and 1 Count of possession of a firearm by a convicted felon.
Johnson was previously convicted in Marion County of reckless homicide and two charges of trafficking in a controlled substance (cocaine) in the first degree, all felonies.
The federal charges to which Johnson pleaded guilty are based on conduct which occurred between November 13, 2018, and November 30, 2018, in Marion County. According to the plea, Johnson sold cocaine and methamphetamine to law enforcement officials on multiple occasions between the above dates and on November 30, 2018, was found in possession of a Taurus, Model PT809, 9 millimeter semiautomatic pistol and ammunition, following the execution of a search warrant of the residence from which he had been selling narcotics.
Based on the fact that Johnson had two prior felony controlled substance offenses and pleaded guilty to the current drug charges, the Court determined he is a “career offender” for sentencing purposes which made him eligible for an enhanced sentence.
The case was prosecuted by Assistant United States Attorney Mac Shannon, and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Lebanon Police Department.
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