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18 February 2020
Columbus man who posed as minors on Facebook sentenced to 11 years in prison for distributing child pornographyRead the Press Release
COLUMBUS, Ohio – A Columbus man was sentenced in federal court today to 11 years in prison for distributing child pornography.
Michael D. Moore, 29, posed as a minor female on Facebook and sent child pornography files to a 14-year-old female.
Moore was a registered sex offender in Franklin County, as the result of a 2012 conviction for pandering sexually oriented matter involving a minor and importuning. In that case, Moore posed as a minor male on Facebook. After initially receiving a state community control sentence, Moore violated probation and was sentenced to nearly five years in prison.
Moore engaged in the federal offense conduct in this case seven months after being released from state custody, while he was still on state parole.
According to court documents, in September 2018, the Ohio Internet Crimes Against Children (ICAC) Task Force forwarded two CyberTipline reports it had received from the National Center for Missing and Exploited Children (NCMEC) to the Franklin County ICAC Task Force.
Facebook and Google had each submitted tips to NCMEC regarding the uploading of child pornography images from Moore’s accounts.
Search warrants revealed explicit conversation between Moore (who was posing as a 12-year-old girl) and a 14-year-old on Facebook. Moore claimed to be the child in the pornography he shared with the victim.
During a search of Moore’s residence, investigators discovered four cell phones. One cell phone contained child pornography images. Three of the phones had password protection that initially prevented forensic examination and Moore refused to provide password information for the phones. Later access to two of those phones revealed additional child pornography files and a different online conversation with a victim who was 15 years old.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Ohio Attorney General Dave Yost; and Franklin County Sheriff Dallas Baldwin announced the sentence imposed by U.S. District Court Judge Sarah D. Morrison. Assistant United States Attorney Heather A. Hill is representing the United States in this case.
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Columbus man sentenced for role in cocaine and heroin distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Michael L. Forrest, Jr., of Columbus, Ohio, was sentenced today to 48 months incarceration for his role in a cocaine and heroin distribution operation, U.S. Attorney Bill Powell announced.
Forrest, also known as “Flip,” age 28, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine Base within 1,000 feet of a Protected Location” in July 2019. Forrest admitted to selling cocaine near the Pulaski Playground in Ohio County in August 2018.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The investigation was led by the Ohio County Drug & Violent Crimes Task Force, a HIDTA-funded initiative. The task force is comprised of the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department.
U.S. District Judge John Preston Bailey presided.
Cleveland man pleaded guilty to five armed robberiesRead the Press Release
Amhad Jones, 26, pleaded guilty to five counts of interfering with commerce by robbery and three counts of using a firearm during and in relation to a crime of violence for a series of armed robberies in Cleveland, Ohio last year.
According to court records and Jones’ acknowledgements during the change of plea hearing:
On January 18, 2019, Jones entered the Metro PCS store located at 9312 Harvard Avenue, Cleveland, Ohio. He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee. The employee gave him approximately $900 and Jones fled.
On February 6, 2019, Jones entered the Metro PCS store located at 10959 Kinsman Road, Cleveland, Ohio. He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee. The employee gave him approximately $250 and Jones fled.
On February 13, 2019, Jones entered the Metro PCS store located at 14701 Kinsman Road, Cleveland, Ohio. He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee. The employee gave him approximately $350 and Jones fled.
On April 19, 2019, Jones entered the Metro PCS store located at 14701 Kinsman Road, Cleveland, Ohio. He walked up to the counter, then he pulled out a pistol and brandished it at the employee. The employee gave him approximately $300-$800 and Jones fled.
On April 23, 2019, Jones entered the Metro PCS store located at 9312 Harvard Avenue, Cleveland, Ohio. He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee. The employee, a concealed carry permit holder, retrieved his own pistol and shot Jones three times. Jones received medical attention and was later arrested. A pistol was recovered from Jones.
This prosecution is part of Project Guardian, the Justice Department’s signature initiative to reduce gun violence and enforce federal firearms laws.
This case is also part of Project Safe Neighborhoods, a program that surges federal and local law enforcement resources to communities’ most violent neighborhoods in order to root out offenders and build positive relationships with victims, witnesses and community members.
This case was investigated by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cuyahoga County Prosecutor’s Crime Strategies Unit, and prosecuted by Assistant U.S. Attorney Kelly L. Galvin.
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Clearfield County Woman Sentenced for Defrauding Social SecurityRead the Press Release
JOHNSTOWN, Pa. – A resident of Clearfield County, Pa. has been sentenced in federal court in Johnstown to two years’ probation and restitution in the amount of $149,520.41 to the Social Security Administration on her conviction of conversion of government funds, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Maryann Bowes-Dailey, 56, of Osceola Mills, Pa.,
According to information presented to the court, from June 1, 2001 to Feb. 28, 2013, Bowes-Dailey did receive and convert falsely to her own use a total of $149,520.41, which represents 416 separate Social Security Administration benefit payments made to her to which she was not entitled.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Brady commended the Social Security Administration, Office of Inspector General for the investigation that led to the successful prosecution of Bowes-Dailey.
Central Falls Man Pleads Guilty to Drug Trafficking, Firearms ChargesRead the Press Release
PROVIDENCE, RI – A member of a Central Falls neighborhood-based street gang known for flashing drugs, firearms, and gang signs on social media, pled guilty in federal court today to trafficking crack cocaine and being in possession of two stolen firearms.
Elton Andrade, aka “MT Flex,” 20, a member of the “Money Team” street-gang, was arrested by members of the FBI’s Safe Streets Violent Gang Task Force and Central Falls Police in February 2018, during a Project Safe Neighborhoods investigation into individuals in Central Falls involved in, among other things, drug trafficking and firearms violations.
On February 26, 2018, Central Falls Police and members of the FBI Safe Streets Task Force executed a court-authorized search of a Central Falls residence where they seized from Andrade’s bedroom two bags containing a total of 28.53 grams of crack cocaine, two loaded firearms that a forensic audit later determined to be stolen, and $1,503 in cash.
Andrade, who was not present at the time of the search, was arrested the following day after being surveilled by law enforcement leaving a Seekonk, Mass., motel and taking a taxi to Central Falls. He was arrested by Central Falls police when they conducted a traffic stop of the taxi.
Andrade, who has been detained since his arrest, today pled guilty to possession with intent to distribute 28 grams or more of cocaine base and two counts of possession of a stolen firearm, announced United States Attorney Aaron L. Weisman, Central Falls Police Chief Colonel Daniel J. Barzykowski, and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Andrade is scheduled to be sentenced by U.S. District Court Chief Judge John J. McConnell, Jr., on May 18, 2020.
Possession with intent to distribute 28 grams or more of cocaine base is punishable by statutory penalties of not less than 5 years and not more than 40 years imprisonment, 3 years’ supervised release, and a fine of up to $250,000. Possession of a stolen firearm is punishable by statutory penalties of up to 10 years imprisonment, 3 years’ supervised release, and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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.
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California Man Sentenced to Prison for Smuggling 18 Pounds of Cocaine to KSRead the Press Release
TOPEKA, KAN. – A California man was sentenced today to 52 months in federal prison for smuggling 18 pounds of cocaine to Kansas, U.S. Attorney Stephen McAllister said.
Jesus Gonzalez-Molina, 30, pleaded guilty to one count of possession with intent to distribute cocaine. In his plea, he admitted he was driving eastbound on I-70 through Shawnee County when he was stopped by the Kansas Highway Patrol. Troopers searched the 2007 Toyota 4Runner he was driving and found a hidden compartment containing the drugs.
McAllister commended Assistant U.S. Attorney Skip Jacobs, the Kansas Highway Patrol and Drug Enforcement Administration for their work on the case.
Brooklyn Owner of Durable Medical Equipment Companies Pleads Guilty to Participating in $9 Million Health Care Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that GREG MILLER pled guilty today to participating in a $9 million scheme to defraud providers of “no-fault” insurance plans. As part of the scheme, MILLER and his co-conspirators billed insurance companies millions of dollars for expensive durable medical equipment that was never provided to patients. MILLER pled guilty before United States District Court Judge Katherine Polk Failla.
U.S. Attorney Geoffrey S. Berman said: “As he admitted in court today, Greg Miller exploited New York’s no-fault auto insurance system by billing millions of dollars for durable medical equipment that was never actually provided to patients, was medically unnecessary, or was far more expensive than the equipment that was provided. Now Miller awaits sentencing for his crime.”
FBI Assistant Director William F. Sweeney Jr. said: “When private health care programs are abused, the financial burden is typically passed on to consumers of these programs by way of increased premiums and other means of supporting services provided by the company. This is in no way a victimless crime, as it translates into very real numbers for those who pay into these health care programs. Miller’s conduct was just another way to make a quick profit at the expense of others, and this type of behavior can’t be tolerated.”
As alleged in the Information filed today in Manhattan federal court:
Between 2014 and 2019, GREG MILLER employed other individuals to serve as the nominal owners of at least two durable medical equipment (“DME”) supply companies located in Brooklyn, New York. MILLER, the true owner and operator of the companies, directed these individuals to submit fraudulent bills to private insurance companies that provided “no-fault” insurance plans. Under New York State law, a company that insures a vehicle involved in an accident is required to provide reimbursement for certain treatments and services provided to the vehicle occupants, regardless of who was at fault in the accident. These treatments and services may include DME if the DME is necessary and actually provided. The bills submitted by MILLER’s companies were fraudulent because, among other things, the bills were for DME that was never provided to patients, for DME that was medically unnecessary, or for expensive DME purportedly provided to patients when the DME in fact provided to patients was inexpensive DME.
MILLER, 60, pled guilty to one count of conspiring to commit health care fraud and faces a maximum sentence of 10 years in prison.
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 the judge. As part of his plea, MILLER agreed to forfeit $3,698,010 and to pay at least that amount in restitution.
Mr. Berman praised the outstanding investigative work of FBI’s Healthcare Fraud Task Force.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Timothy V. Capozzi is in charge of the prosecution.
Brooklyn Man Pleads Guilty to Drive-By ShootingRead the Press Release
Earlier today, in federal court in Brooklyn, Steven Bynum pleaded guilty before United States District Judge Ann M. Donnelly to firing a handgun into a group of people in furtherance of a drug distribution dispute, wounding a pregnant innocent bystander. When sentenced, Bynum faces up to life in prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the guilty plea.
According to court filings and facts presented during court proceedings, in early 2017, Bynum and his co-conspirators stole drugs from another drug dealer (“John Doe”) and then distributed those drugs at the Kingsborough Houses in Crown Heights, Brooklyn. In June 2017, “John Doe” retaliated by assaulting and pistol-whipping Bynum. On September 10, 2017, Bynum drove to Dean Street in East New York, where he spotted “John Doe” standing with a group of people. Bynum fired multiple shots at the group, but missed “John Doe” and instead hit a five-month pregnant bystander twice in the head. The victim still suffers from partial paralysis and permanent cognitive damage from the bullet wounds.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The government’s case is being is handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Francisco J. Navarro and Temidayo Aganga-Williams are in charge of the prosecution.
The Defendant:
STEVEN BYNUM (also known as “Nitty”)
Age: 38
Brooklyn, New YorkE.D.N.Y. Docket No. 19-CR-0255 (AMD)
Broken Arrow Man Pleads Guilty to Making Counterfeit ObligationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Aaron Robert Schupp, age 36, of Broken Arrow, Oklahoma, entered a guilty plea to Making Counterfeit Obligation, in violation of Title 18, United States Code, Section 471, punishable by not more than 20 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that beginning in or about September 2018, and continuing until on or about September 17, 2019, in the Eastern District of Oklahoma, the Defendant, with intent to defraud, did falsely make, forge, counterfeit and alter an obligation of the United States, that is, fifteen (15) falsely made, forged, counterfeited and altered twenty-dollar Federal Reserve Notes, and six (6) falsely made, forged, counterfeited and altered one-hundred-dollar Federal Reserve Notes.
The charges arose from an investigation by the United States Secret Service.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Clay Compton represented the United States.
Biotech Company CEO Sentenced for Securities Fraud and ObstructionRead the Press Release
BOSTON – The chief executive officer of PixarBio Corp., a Boston-based biotech company, was sentenced today for defrauding the company’s investors and obstructing an SEC investigation.
Frank Reynolds, 57, of Newton, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to seven years in prison to be followed by three years of supervised release. Reynolds was also ordered to pay $280,000 in forfeiture and restitution of approximately $7.5 million, with the exact amount to be determined at a later date. In October 2019, Reynolds was convicted of by a federal jury, following a three-week trial, of one count of securities fraud and three counts of obstructing an agency proceeding.
The jury convicted Reynolds of defrauding PixarBio investors through manipulative trading of the company’s shares and false and misleading statements about the company’s finances, the timeline for FDA approval of its key drug, and Reynolds’s own background, which he claimed included curing his own paralysis. In fact, the evidence at trial showed that Reynolds was never paralyzed.
Among the false and misleading statements introduced into evidence was a December 2015 email and private placement memorandum, in which Reynolds promised investors that PixarBio’s drug, NeuroRelease, would end “thousands of years of morphine and opiate addiction.” In fact, the evidence at trial demonstrated that the drug would not end opioid addiction, and was simply an existing drug for which PixarBio claimed to have developed an additional means of delivery in a time-release form for post-operative pain.
In August 2016, Reynolds caused PixarBio to issue a press release announcing that a private securities offering underway at the time was oversubscribed, and that the maximum offering amount would be increased from $20 million to $30 million. Two months later, Reynolds caused PixarBio to issue another press release announcing that, due to oversubscription, the maximum offering amount would be increased again from $30 million to $40 million. In fact, the evidence at trial showed that the securities offering was never fully subscribed and had raised less than $10 million.
Reynolds also misrepresented the timeline to FDA approval for NeuroRelease. In a November 2016 securities filing that Reynolds signed as PixarBio’s CEO, the company stated that clinical trials were expected to begin “in late 2017 and US FDA approvals for the NeuroRelease 14-day product are expected in 2018,” despite the fact that PixarBio managers had told Reynolds that this timeline was not achievable.
Reynolds directed two co-conspirators, Kenneth Stromsland and Jay Herod, to engage in manipulative trading in PixarBio shares that artificially pushed up the stock’s trading price. The evidence demonstrated that Herod shared the proceeds of his trading with Reynolds and PixarBio. Reynolds then misled the SEC about the trading and his prior misstatements in sworn testimony, during which he introduced a backdated document as purported evidence that $300,000 in trading proceeds Herod had given him was actually an investment unrelated to Herod’s trading. Reynolds also induced Herod and Stromsland to mislead the SEC in their own sworn testimony. Herod and Stromsland previously pleaded guilty to securities fraud and obstruction charges and testified at the trial.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Carl W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Leslie A. Wright of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Bergen County Man Sentenced to 30 Months in Prison for Embezzling Funds from Employee Benefit PlanRead the Press Release
NEWARK, N.J. – A Bergen County man who embezzled funds from his company’s employee benefit plan over an eight-year period was sentenced today to 30 months in prison, U.S. Attorney Craig Carpenito announced.
Howard Preschel, 63, of Teaneck, previously pleaded guilty before U.S. District Court Judge Susan D. Wigenton in Newark federal court to one count of an indictment charging him with embezzling funds from the CMG Vending Inc. Pension Trust Fund.
According to documents filed in this case and statements made in court:
Preschel served as the sole trustee for the CMG Vending Inc. Pension Trust Fund. CMG Vending operated, leased, and rented vending machines throughout New Jersey and New York. As the trustee, Preschel, by law, was a fiduciary and therefore required to act solely in the interest of the participants and beneficiaries.
Between November 2010 and April 2018, Preschel embezzled $368,782.66 from the pension trust fund by engaging in 52 separate illegal withdrawals or transfers from various pension trust accounts. As a result of these illegal withdrawals and transfers, the trust fund accounts lost an additional $93,266.98 in interest.
In addition to the prison term, Judge Wigenton sentenced Preschel to three years of supervised release. She also ordered Preschel to make restitution to the CMG Vending Inc. Pension Trust Fund in the amount of $462,049.64. Preschel also agreed to a debarment which prohibits him from acting as a fiduciary on behalf of any employee benefit plan for a period of 13 years.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Michael Mikulka in Mountainside, and the United States Department of Labor, Employee Benefits Security Administration, under the direction of Acting Regional Director of the New York Regional Office, Thomas Licetti, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office Criminal Division in Newark.
Alleged St. Croix Drug Trafficking Organization Members Charged with Possession of Firearms and NarcoticsRead the Press Release
St. Thomas, USVI –– Ivan James, Kai James, Joh Williams, Malachi Benjamin and Tillisa Caesar appeared on February 12, 2020, before U.S. Magistrate Judge Ruth Miller for arraignment on a twenty-count superseding indictment charging drug conspiracy, possession with intent to distribute cocaine and marijuana, and possession of firearms during and in relation to a drug trafficking conspiracy, United States Attorney Gretchen C.F. Shappert announced. At the conclusion of the hearing, Magistrate Miller remanded Ivan James, Williams and Benjamin pending their detention hearings on February 20, 2020. Ceaser was previously detained on separate drug trafficking conspiracy charges, and Kai James was placed on home confinement.
According to court records, Ivan James and Kai James were alleged leaders of a large-scale drug trafficking organization that operated on St. Croix. Federal law enforcement first discovered the organization’s existence during a 2013 investigation, which revealed that Ivan James was smuggling narcotics into the Golden Grove Correctional Facility on St. Croix with the aid of a now deceased corrections officer. According to reports, Joh Williams, who was incarcerated at Golden Grove, distributed the narcotics on behalf of James. Thereafter, in July 2015, Ivan James directed his associates to rob a rival drug dealer of several kilograms of cocaine at gunpoint. The investigation continued with the execution of a search warrant at the James family compound located at 239 Estates LaGrange on St. Croix, where federal agents recovered over 1,000 marijuana plants and one half kilograms of cocaine. During the search, federal agents also recovered four pistols and one AR-15 rifle together with a large cache of ammunition. The investigation culminated with the seizure of an additional four pistols, one AK 47 rifle and approximately 24 kilograms of marijuana that were concealed and shipped in a commercial freezer from Miami, FL to St. Croix via Paradise Freight Shipping on February 28, 2019.
The superseding indictment charges all defendants with drug conspiracy and possession with intent to distribute narcotics. In addition, Ivan James, Kai James and Benjamin are charged with possession of firearms during and in relation to a drug trafficking conspiracy. Benjamin is also charged in a separate indictment with possession with intent to distribute cocaine after a vehicle for which he was a passenger was stopped and searched by Virgin Islands Police Officers on St. Croix. Benjamin allegedly fled the scene after officers asked him about his involvement in the 2019 double homicides at the Cockpit Coliseum on St. Croix.
This case is being investigated by the Homeland Security Investigation, Drug Enforcement Administration and Alcohol Tobacco and Firearms. It is being prosecuted by Assistant U.S. Attorney Delia L. Smith.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Alabama Man Pleads Guilty to Tax EvasionRead the Press Release
A Birmingham man pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Jay E. Town for the Northern District of Alabama.
According to court documents and statements made in court, in 2011, John P. Cooney, 70, filed delinquent tax returns for 2008 through 2010, in which admitted that he owed the Internal Revenue Service (IRS) approximately $780,000, but did not include any payment. Rather, to evade his tax obligation, Cooney created a nominee entity, GVA Advisors, LLC (GVA), and directed that income from his employer and dividends from his investments be paid to an account in GVA’s name, rather than to him directly. From 2013 through 2016, Cooney deposited more than $435,000 into the GVA account, concealing the funds from the IRS. In all, as result of his actions, Cooney owed by 2017 more than $1.3 million in outstanding balances, penalties, and interest to the IRS.
Sentencing is scheduled for May 28, 2020. At sentencing, Cooney faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release and monetary penalties. Pursuant to the plea agreement, Cooney has agreed to pay restitution of $1,311,904 to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Town commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Catherine Crosby Long and Trial Attorneys Alexander Effendi and Kathryn Sparks of the Tax Division, who are prosecuting this case.
15 Central Illinois Men Arrested in FBI Operation in Kankakee AreaRead the Press Release
URBANA, Ill. – Central District of Illinois U.S. Attorney John C. Milhiser and FBI Special Agent in Charge Sean M. Cox, Springfield Division, announced that 15 Central Illinois men were arrested over the weekend related to an FBI Operation conducted in Kankakee County. The operation was conducted with the coordination and assistance of the Bradley Police Department, the Kankakee County Sheriff’s Office, and the Kankakee Area Metropolitan Enforcement Group.
The men have been charged in separate criminal complaints with attempted enticement of a child to engage in illegal sexual activity; some have also been charged with attempted sexual exploitation of children. The complaints were unsealed on Feb. 18, 2020, as each made their respective initial appearances in federal court in Urbana. Each was ordered detained pending hearings scheduled later this week.
According to the affidavits filed in support of the complaints, each of the men allegedly used various social media applications to contact and engage online with FBI covert employees posing as 14 and 15-year-old minors to make arrangements to meet the minor girl or boy with the intent to engage in sexual activity. Some of the men attempted to entice or coerce the minors to send them sexually explicit images.
As the men arrived at or near the designated address, in Bradley, Ill., they were arrested and taken into custody by FBI Special Agents; the Bradley Police Department; the Kankakee County Sheriff’s Office; and, the Kankakee Area Metropolitan Enforcement Group. Assistant U.S. Attorney Elly M. Peirson is representing the government in the case prosecutions.
The defendants charged in this operation with attempted enticement of a minor are:
- Joshua T. Koenig, 27, of the 100 block of W. Main St. Buckley, Ill.;
- Jody L. Lagesse, 45, 1900 block of S. Schuyler Ave., Kankakee;
- Shane R. Ferris, 23, of the 1100 block of Coyote Run, Bourbonnais;
- Nick Vincent Senor, 25, of the 100 block of N. 8th Ave., Kankakee;
- Dale Martin Alvin Scering, 26, 400 block of Ivy Lane, Bradley;
- Robert Shawn Anderson, 50, 300 block of E. Spruce St., Paxton;
- Bryan Rossi, 29, 400 block of Titonka St., Park Forest; and,
- Timothy Lyle Dean, 37, 200 block of Spencer Ct., Bourbonnais.
The defendants charged in this operation with attempted enticement of a minor and attempted sexual exploitation of a child are:
- Matthew T. Gribbon, 48, of the 1100 block of S. 5th Ave., Kankakee;
- Ryan I. Woodruff, 21, of the 600 block of S. Rosewood Ave, Kankakee;
- Anmol Chugh, 28, of the 400 block of W. Dewey St., Saint Anne;
- Kyren Williams, 30, of the 1000 block of S. Osborn Ave., Kankakee;
- Cole Montgomery, 25, of the 17300 block of 2400 North Rd., Danville;
- Joseph Adam Longanecker, 40, of the 100 block of Birch Ct., Manteno; and,
- Jazzie Simmons, 28, of the 200 block of Greenwood Ave., Kankakee.
If convicted, for the offense of attempted enticement of a minor, each defendant faces a minimum of 10 years and up to life in prison. For the offense of attempted sexual exploitation of a child, each defendant faces a minimum of 15 years and up to 30 years in prison.
Members of the public are reminded that a complaint is merely an accusation; each defendant is presumed innocent unless proven guilty.
These cases were brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
11 Members of Brooklyn-Based 5-9 Brims Gang Charged with Racketeering Conspiracy, Murder, Murder Conspiracy and FraudRead the Press Release
A superseding indictment and criminal complaint were unsealed today in federal court in Brooklyn charging 11 members of the 5-9 Brims, a violent set of the Bloods street gang, with crimes related to their participation in a criminal enterprise that made money through narcotics trafficking and financial scamming, and maintained its power through acts of violence, including murder. The arraignments and initial appearances of six defendants arrested today are scheduled for this afternoon before United States Magistrate Judge Vera M. Scanlon.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the superseding indictment.
“The 5-9 Brims is a violent criminal organization that has terrorized residents of Brooklyn and Queens by committing brutal acts of violence in public places, trafficking narcotics on the streets and defrauding victims through financial schemes,” stated United States Attorney Donoghue. “This Office is working closely with our federal and local partners to dismantle criminal street gangs and prosecute their members to the fullest extent of the law.” Mr. Donoghue thanked Homeland Security Investigations, New York, and the New York City Department of Investigation for their work on the case.
“These violent street gangs simply want to make money with as little effort as possible, which is why they’re venturing into unique criminal territory for gangs such as credit card fraud while maintaining their tried and true drug trafficking and murder activity,” stated FBI Assistant Director-in-Charge Sweeney. “The work our FBI New York Metro Safe Streets Task Force is doing is extremely important to the communities where these gangs are terrorizing people. Those people don’t deserve to fear bullets flying by their homes while they sleep, or seeing people killed in the streets. They deserve peaceful neighborhoods and safe places to live.”
“The members of the 5-9 Brims are alleged to have engaged in a host of illegal activity including acts of violence and murder,” stated ATF Special Agent-in-Charge DeVito. “Thanks to great coordination and leveraging of resources with our local, state and federal partners these individuals will be brought to justice. I would like to thank the United States Attorney’s Office for their diligent work in prosecuting this case.
“Today’s takedown highlights our relentless work in stopping the violence carried out by large, established gangs and their ruthless offshoots. I commend our detectives, and federal partners, for their sustained focus on this case until all the major defendants could be arrested,” stated NYPD Commissioner Shea.
According to the indictment and other court filings, the 5-9 Brims is a set of the Bloods street gang that operates in Brooklyn, Queens, Manhattan, the Bronx and elsewhere. Gang members have committed acts of violence, including murder, robbery and assault, and engaged in drug-trafficking and fraud. Between January 2012 and December 2019, the defendants committed crimes to further the interests of the gang, including earning money for the gang’s members, and enhancing the gang’s position with respect to rival criminal organizations.
During the charged period, the 5-9 Brims were feuding with a rival faction of the 5-9 Brims, known as the “Real Ryte,” whose members also operated in Brooklyn. The feud led to a series of violent confrontations and, as alleged, during this period several members of the 5-9 Brims conspired to murder members of Real Ryte. Defendant Marvin Pippins, a 5-9 Brims member, allegedly shot and killed Sean Peart, a Real Ryte member, on December 19, 2015 in broad daylight while the victim was sitting in his car in Bedford Stuyvesant, Brooklyn.
On August 15, 2018, members of the 5-9 Brims carried out a violent assault against a bartender at Angels night club in Flushing, Queens, who had not shown proper respect for another member of the gang. Defendant Yonette Respass, who was serving a sentence in a federal prison at the time, commissioned her younger female members, referred to as “drops,” to “pop that bottle” on the bartenders, stating “I want hands put on them. I don’t even want no talking.” That night, Defendants Jeffrey Bush, Louis Love, Rodolfo Zambrano and three of Respass’s “drops” met at Angels where they lured one of their bartender targets across the bar, and, while holding her by the hair, beat her head and threw a bottle at her. Bush recorded the assault on his cell phone, and the video was sent to the gang member on behalf of whom Respass allegedly ordered the attack.
Throughout the period charged in the superseding indictment, members of the gang supplemented their illegal drug business by committing numerous financial frauds, including possession and use of stolen identities, fraudulent checks and access devices such as credit cards and bank account information.
Defendants Jeffrey Bush, Tyshawn Atkins, Louis Love, Marvin Pippins, James Sease, Montel Shuemake and Rodolfo Zambrano are charged in the superseding indictment with racketeering conspiracy for agreeing to commit crimes on behalf of the gang, including drug trafficking, identification and access device fraud, as well as multiple acts involving murder. Defendant Marvin Pippins is also charged with murder in-aid-of racketeering in a retaliatory act of gang-related violence for killing Sean Peart; Marvin Pippins, James Sease and Montel Shuemake are charged with conspiring to murder additional members of a rival faction of the gang. Defendants Jeffrey Bush, Louis Love, Rondolfo Zambrano, India Lane and Yonette Respass are charged with conspiracy to commit assault in-aid-of racketeering. A number of the defendants are variously charged with narcotics and firearms-related offenses. Pippins is a fugitive.
Two additional 5-9 Brims members, Jose Battle and Brian Jackson, were arrested on a complaint charging them with financial fraud.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Jennifer M. Sasso, Drew G. Rolle and Nicholas J. Moscow are in charge of the prosecution.
The Defendants:
JEFFREY BUSH (also known as “Chuck” and “Chuck Taylor”)
Age: 35
Brooklyn, New YorkTYSHAWN ATKINS (also known as “Breeze”)
Age: 25
Brooklyn, New YorkINDIA LANE (also known as “Gorgeous Gangsta”)
Age: 29
Brooklyn, New YorkLOUIS LOVE (also known as “Scoobz” and “Scoobie”)
Age: 29
Brooklyn, New YorkMARVIN PIPPINS (also known as “Mukk”)
Age: 29
Brooklyn, New YorkJAMES SEASE (also known as “Chop Whop”)
Age: 32
Brooklyn, New YorkMONTEL SHUEMAKE (also known as “Buzzo”)
Age: 29
Brooklyn, New YorkRODOLFO ZAMBRANO (also known as “Latinn Dinero”)
Age: 26
Brooklyn, New YorkJOSE BATTLE (also known as “Strizzy”)
Age: 25
Brooklyn, New YorkBRIAN JACKSON (also known as “Grape” and “Maxx Millii”)
Age: 29
Brooklyn, New YorkYONETTE RESPASS
Age: 28
Bronx, New YorkE.D.N.Y. Docket No. 19-CR-378 (S-1)(DLI)
15 February 2020
United States Attorney Mike Stuart Launches Public Service Announcements (PSAs)Read the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching two PSAs that speak directly to the people of West Virginia about priorities of the Department of Justice and the United States Attorney’s Office for the Southern District of West Virginia – elder fraud and maintaining “tough on crime” efforts.
“The messages speak for themselves. We are making tremendous progress. It’s important we speak directly to the people of West Virginia,” said United States Attorney Mike Stuart. “Elder fraud and continuing our “tough on crime” initiatives- both are important priorities. Elder fraud is a national epidemic. It is a massive priority for Attorney General Barr and for me. Also important -- maintaining tough law enforcement efforts that are achieving great results while encouraging and supporting those that seek help and treatment from the terrible scourge of drug addiction. We are winning but bail reform and other so-called social justice initiatives risk reversing our progress. My office continues to work with a sense of urgency every day to hold drug dealers and violent offenders accountable and to protect West Virginia’s seniors from fraudsters.”
The messages, which will begin airing on February 17, 2020, are attached.
Follow us on Twitter: SDWVNews and USAttyStuart
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Three Charged in Federal Murder, Drug Conspiracy, and Firearm IndictmentRead the Press Release
SYRACUSE, NEW YORK – Kyle Leeper, age 36, of Palmyra, Pennsylvania, Ramon Nieves Cotto, age 28, of DeRuyter, New York, and Arlene Rodriguez, age 36, of Montebello, California, were named as defendants Thursday in a federal superseding indictment that includes charges of murder during a drug conspiracy, conspiracy to distribute and possess with intent to distribute 50 or more grams of methamphetamine, possession of 50 or more grams of methamphetamine with intent to distribute, and possession of a firearm by a convicted felon.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; Cortland County Sheriff Mark E. Helms; and Barstow, California, Police Chief Albert Ramirez Jr.
The superseding indictment charges Kyle Leeper, aided and abetted by Ramon Nieves Cotto, with shooting and killing Robert Chavez on January 17, 2019, while engaging in a drug trafficking conspiracy involving 50 or more grams of methamphetamine. Also charged with drug conspiracy is Arlene Rodriguez. The indictment also charges Leeper and Rodriguez with possessing with intent to distribute 50 or more grams of methamphetamine on January 19, 2019, in Cortland County, New York. All three defendants also are charged, either as principals, accomplices, or co-conspirators, with using and carrying a firearm during and in relation to drug trafficking crimes, with Kyle Leeper further charged with discharging that firearm and murdering Chavez, and Ramon Nieves Cotto charged with aiding and abetting those crimes. Kyle Leeper also is charged with possession of a firearm as a felon on that same day.
If convicted of committing murder during a conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine, Kyle Leeper and Ramon Nieves Cotto face a minimum sentence of 20 years, and a maximum sentence of up to life imprisonment, or a sentence of death. For the charge of conspiracy to distribute and possess with intent to distribute 50 or more grams of methamphetamine, Kyle Leeper, Ramon Nieves Cotto and Arlene Rodriguez face a minimum of 10 years and a maximum sentence of up to life in prison, a fine of up to $10 million and a term of supervised release of at least 5 years and up to life. Kyle Leeper and Arlene Rodriguez face those same penalties on the charge of possessing with intent to distribute 50 or more grams of methamphetamine. On the charge of using and carrying a firearm in relation to a drug trafficking crime, Arlene Rodriguez faces a sentence of 5 years to life imprisonment, a $250,000 fine, and a 5-year supervised release term; based on additional allegations against them of discharge of the firearm and murder, for this charge Kyle Leeper and Ramon Nieves Cotto each face sentences of 10 years to life imprisonment, or death, a fine of $250,000, and a 5-year supervised release term. Kyle Leeper could be sentenced for up to 10 years imprisonment, a fine of up to $250,000.00 and up to a 3-year term of supervised release if convicted of possession of a firearm by a convicted felon.
The charges in the superseding indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Ramon Nieves Cotto was arrested and arraigned yesterday in Syracuse, before United States Magistrate Judge Andrew Baxter, and was ordered detained pending a bail hearing. Kyle Leeper and Arlene Rodriguez have been detained in federal custody since August 2019, when they were charged in an earlier federal indictment that alleged drug and firearms charges only. Kyle Leeper and Arlene Rodriguez were first arrested on January 19, 2019, by members of the Cortland County Sheriff’s Office. New York State Penal Law charges for possession of methamphetamine and firearms possession stemming from those arrests have been dismissed following the federal indictments.
This case is being investigated by the FBI, the DEA, the Cortland County Sheriff’s Office, and the City of Barstow, California Police Department, with assistance from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the Cortland County (New York) District Attorney’s Office, and the San Bernardino County (California) District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys Steven D. Clymer, Richard R. Southwick, and Thomas R. Sutcliffe.
14 February 2020
Western Kansas Registered Sex Offender Sentenced to 24+ YearsRead the Press Release
WICHITA, KAN. – A registered sex offender living in western Kansas was sentenced Thursday to 292 months in federal prison on child pornography charges, U.S. Attorney Stephen McAllister said.
A federal jury convicted Wayne Benjamin Wasson, 60, Great Bend, Kan., on four counts of uploading child pornography to the internet and one count of possessing child pornography.
During trial, a prosecutor presented evidence that Yahoo and Google detected child pornography originating from Wasson’s residence. The digital trail led investigators to Wasson, who admitted he had received child pornography via Skype and had operated a number of other accounts. Investigators found child pornography within the accounts and on Wasson’s devices.
Wasson registered as a sex offender in 2007 following a conviction for possession of child pornography.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
U.S. Attorney Mike Hurst Announces Department of Justice Grant Awards of Nearly $300,000 to Local Mississippi Police DepartmentsRead the Press Release
Jackson, Miss. – U.S. Attorney Mike Hurst announced today that the U.S. Department of Justice has awarded grants in the amount of $149,900 to the Cities of Biloxi and Natchez under the DOJ’s Bureau of Justice Assistance Gulf States Regional Law Enforcement Technology Training and Technical Assistance Initiative.
“This money will go a long way in helping our partners fight crime at the local level and keep their citizens safe. I am excited about these awards because it furthers our partnership with our local law enforcement by giving officers and prosecutors more tools to investigate and prosecute the criminal element. These cities and their men and women in law enforcement should be commended for pursuing these grants in order to better their cities,” said U.S. Attorney Hurst.
“The Biloxi Police Department is thrilled to have been awarded this grant. The funds will greatly enhance law enforcement’s ability to conduct investigations using cutting edge technologies,” said Biloxi Police Chief John Miller. “Thanks to our friends at the U.S. Department of Justice and U.S. Attorney Mike Hurst for realizing and supporting the needs of local law enforcement.”
“This is a huge crime-fighting tool that we will have at our disposal that has already proven to be very successful throughout the year of 2019. We had some major reduction in many of the crime categories last year. I would like to think U.S. Attorney Mike Hurst and his office’s Project EJECT, Sheriff Travis Patton, and all of the State, federal and local partners,” said Natchez Police Chief Walter Armstrong.
This initiative is an innovative new program designed to provide resources and technology to law enforcement jurisdictions within the five Gulf States (Florida, Alabama, Louisiana, Mississippi, and Texas) to assist with information and intelligence sharing to reduce crime and illegal drug trafficking.
The grants awarded under this initiative are expected to enhance information and criminal intelligence sharing between local law enforcement agencies and their local fusion centers. Awardees are expected to work toward sharing this type of information with federal and state agencies with the intention to reduce crime.
For more information about this grant or other grant opportunities, contact the Office of Justice Program's Office of Communications at (202) 307-0703 or by visiting https://www.ojp.gov.
Tyndall Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Tyndall, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.
Paul Hovorka, age 24, was indicted on February 4, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life years of supervised release, and up to $5,100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 15, 2019, and November 21, 2019, Hovorka knowingly received and attempted to receive child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charge is merely an accusation and Hovorka is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Hovorka was released on bond pending trial. A trial date has not been set.
Two Men Plead Guilty to Selling Methamphetamine on the White Earth ReservationRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty pleas of MICHAEL JACOB BLANDFORD, 28, and MATTHEW JON LEIGLAND, 26, to one count each of possession with intent to distribute methamphetamine. BLANDFORD and LEIGLAND, who were initially charged on April 26, 2019, entered their guilty pleas before Judge Nancy E. Brasel in U.S. District Court in St. Paul, Minnesota.
According to the defendants’ guilty pleas and documents filed with the court, BLANDFORD and LEIGLAND admitted to traveling from the White Earth Indian Reservation to the Twin Cities to purchase methamphetamine from a source and bring it back to the Reservation to distribute. On March 18, 2019, in Motley, Minnesota, a Minnesota State Trooper conducted a traffic stop of a vehicle for speeding and for having loud exhaust. BLANDFORD was identified as the driver and LEIGLAND was identified as the lone passenger. During the stop, the State Trooper observed drug paraphernalia and BLANDFORD showed signs of recent drug use. When asked to step out of the vehicle, BLANDFORD fled on foot and tossed an item out of his pocket, which was later found to be approximately 10 grams of methamphetamine. The State Trooper apprehended BLANDFORD and placed him in custody. A subsequent search of the vehicle revealed a methamphetamine smoking device, used razor blades, a small digital scale, two measuring cups, and a gallon Ziploc bag containing approximately 480 grams of methamphetamine.
This case was the result of an investigation conducted by the West Central Minnesota Drug & Violent Crimes Task Force, the Becker County Sheriff’s Office, the Minnesota State Patrol, the Motley Police Department, and the FBI Headwaters Safe Trails Task Force.
Special Assistant U.S. Attorney Gina L. Allery prosecuted the case.
Defendant Information:
MICHAEL JACOB BLANDFORD, 28
Monticello, Minn.
Convicted:
- Possession with intent to distribute methamphetamine, 1 count
MATTHEW JON LEIGLAND, 26
Ponsford, Minn.
Convicted:
- Possession with intent to distribute methamphetamine, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Two Kokomo Men Indicted on Federal Firearms ChargesRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today, Tarik Dordoni, 24, and Xavier Malone, 22, both of Kokomo, Ind., were indicted in separate complaints for unlawful possession of a firearm by a convicted felon. Dordoni was also charged with possession with intent to distribute marijuana and possession of a firearm during a drug trafficking crime. Both had previous felony convictions in Howard County Ind.
"My office has no tolerance for individuals who choose to break the law by selling drugs and illegally possessing firearms," said Minkler. "The U.S. Attorney’s Office is committed to reducing gun violence through its Project Guardian initiative. We are grateful to our collaborative partners, the Kokomo Police Department and Bureau of Alcohol Tobacco Firearms and Explosives who investigated and brought this to our attention."
At around 7:00 p.m. on Sept. 2, 2019, Kokomo Police received a call about shots fired near Studebaker Park in Kokomo, Ind. The suspect vehicle was described as a red pickup truck with black stripes. As officers were arriving to the area of the shooting, they saw a vehicle matching the description. Law enforcement initiated a traffic stop on the vehicle and once the vehicle came to a stop, Malone and Dordoni jumped from the vehicle and fled on foot. Malone was apprehended by officers shortly after he fled.
Kokomo Police K-9 located Dordoni inside a shed located in the backyard of a residence. The K-9 also located a backpack which contained a large bag of suspected marijuana and a loaded handgun.
Kokomo Police Department received a call that a handgun had be located in a yard. The location was close to the area of the shooting and along the route of where the red pickup truck fled. Law enforcement collected the firearm and other evidence from the yard.
This case was investigated by the Kokomo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
"The Kokomo Police Department appreciates our Federal law enforcement partners at the ATF," said Kokomo Police Department Captain Tonda Cockrell. "KPD is diligently investigating crimes involving the use of firearms in our community, especially those cases where children are placed in harm’s way. We will utilize our partnership with Federal Law Enforcement and the AUSA to ensure maximum penalties are sought for those individuals who choose to bring gun violence to the streets of Kokomo."
According to Assistant United States Attorney Lawrence D. Hilton who is prosecuting this case, Tarik Dordoni faces a maximum of life imprisonment if convicted. Xavier Malone faces a maximum sentence of 10 years if convicted.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Kokomo Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proved otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Two Former Personal Care Aides Sentenced to Prison for Defrauding MedicaidRead the Press Release
WASHINGTON – Temitope Oluwa-Bakare Ogunbiyi, 49, of Bowie, Maryland, was sentenced today to 15 months in prison for defrauding the District of Columbia’s Medicaid program out of more than $1 million. Yesterday, Rose Asang Gana, 40, of Greenbelt, Maryland, was sentenced to 13 months in prison for defrauding the program out of more than $400,000.
The announcement was made by U.S. Attorney Timothy J. Shea; Timothy M. Dunham, Special Agent in Charge of the FBI’s Washington Field Office; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; Daniel W. Lucas, Inspector General for the District of Columbia and Special Agent in Charge Mike McGill of the Social Security Administration Office of the Inspector General (SSA-OIG).
Ogunbiyi pled guilty to one count of health care fraud in August 2019. Today, the Honorable Thomas F. Hogan sentenced her to 15 months in prison. Following her prison term, she will be placed on three years of supervised release. In addition she was ordered to pay $1,071,247.12 in restitution and $575,462.03 in a forfeiture money judgment.
Gana pled guilty to one count of health care fraud in October 2019. Yesterday, the Honorable Carl J. Nichols sentenced her to 13 months in prison. She also will be placed on three years of supervised release following her prison term. She was ordered to pay $441,234.64 in restitution and $257,503.31 in a forfeiture money judgment.
Ogunbiyi worked as a personal care aid for 18 home health agencies at various times between January 2014 and September 2018. Gana worked for nine health agencies at various times between October 2013 and December 2018. The home health agencies employed Ogunbiyi and Gana to assist D.C. Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Ogunbiyi and Gana were supposed to document the care they provided to the Medicaid beneficiaries on timesheets and then submit those timesheets to the home health agencies, which would in turn bill Medicaid for the services rendered.
Between January 2014 and September 2018, Ogunbiyi caused the D.C. Medicaid Program to issue payments totaling $1,071,247.12 for services that she did not render. Between October 2013 and December 2018, Gana caused the D.C. Medicaid Program to issue payments totaling $441,234 for services that she did not render.
As part of their individual fraud schemes, both women paid kickbacks to beneficiaries and submitted false timesheets to different home health agencies claiming to have provided personal care aide services that they did not provide. Ogunbiyi also caused Medicaid to be billed for services she claimed to provide in the District of Columbia when she was traveling outside the United States. As a result of their schemes, Ogunbiyi earned more than $500,000 in wages and Gana earned more than $250,000 in wages.
In announcing the plea, U.S. Attorney Shea, Special Agent in Charge Dunham, Special Agent in Charge Dixon of U.S. HHS-OIG, District of Columbia Inspector General Lucas and Special Agent in Charge McGill commended the work of those who investigated the case from the FBI’s Washington Field Office, the U.S. Department of Health and Human Services Office of Inspector General, and the District of Columbia Office of Inspector General. They also expressed appreciation for the work of Paralegal Specialist Mariela Andrade and former Paralegal Specialist Brittany Phillips. Finally, they commended the work of Assistant U.S. Attorney Kondi Kleinman and former Assistant U.S. Attorney Denise A. Simmonds, who prosecuted the cases.
Two Executives Indicted in Long-Running Antitrust Conspiracy to Fix Prices for Disk Drive ComponentsRead the Press Release
A federal grand jury returned an indictment against Hitoshi Hashimoto and Hiroyuki Tamura for their role in a global conspiracy to fix prices for suspension assemblies used in hard disk drives, the Department of Justice announced today.
Hashimoto and Tamura, both Japanese citizens, are former top sales executives at NHK Spring Co. Ltd. (NHK Spring), which has pleaded guilty and been sentenced to pay a $28.5 million fine.
The indictment, filed yesterday in the U.S. District Court for the Northern District of California, alleges that, from at least as early as May 2008 and continuing until at least April 2016, Hashimoto and Tamura participated in a conspiracy with their competitors to stabilize, maintain, and fix the prices of suspension assemblies used in hard disk drives. The conspirators accomplished their scheme by, among other things, agreeing to refrain from competing on prices and allocating their respective market shares. The conspirators also exchanged pricing information including anticipated pricing quotes, which they used to inform their negotiations with U.S. and foreign customers that purchased suspension assemblies and produced hard disk drives for sale in, or delivery to, the United States and elsewhere.
“This charge demonstrates that antitrust violations are not just corporate offenses but also crimes by individuals,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “The Antitrust Division is committed to prosecuting culpable senior executives who circumvent the antitrust laws in order to cheat consumers.”
“The FBI, through its International Corruption Unit, is dedicated to ensuring the U.S. market remains free and open,” said Assistant Director Calvin Shivers of the FBI Criminal Investigative Division. “The individuals indicted yesterday tried to cheat the system and unfairly profit at the expense of American consumers. The FBI, with our partners at the United States Postal Service Office of Inspector General and the Department of Justice, disrupted their scheme and now these individuals will face justice.”
“The U.S. Postal Service spends hundreds of millions of dollars every year on supplies and services related to information technology, including computers and associated hardware,” said Special Agent in Charge Scott Pierce, U.S. Postal Service Office of Inspector General. “These indictments send an important message to anyone who might engage in conduct violating the Sherman Antitrust Act. Along with the Department of Justice and our federal law enforcement partners, the U.S. Postal Service Office of Inspector General will continue to aggressively investigate those who would engage in this type of harmful behavior.”
Suspension assemblies are components of hard disk drives, which are used to store information electronically and are incorporated into computers or sold as stand-alone electronic storage devices. Hard disk drives use magnetic recording heads to read from and write onto rapidly spinning disks. Suspension assemblies hold the recording heads in close proximity to the disks and provide the electrical connection from the recording heads to the hard disk drives’ circuitry.
The charge in the indictment carries a maximum penalty of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Today’s announcement is the result of an ongoing federal antitrust investigation being conducted by the Antitrust Division’s Washington Criminal II Office, the International Corruption Unit of the FBI, and the United States Postal Service Office of Inspector General. Anyone with information in connection with this investigation is urged to call the Washington Criminal II Section at 202-598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.
Two Allenwood Federal Prison Inmates Charged with Assault on Another InmateRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that two United States Penitentiary Allenwood (USP Allenwood) inmates Alexander Palmisano, age 35, and William Oloane, age 30, were indicted on February 13, 2020, by a federal grand jury for an assault resulting in serious bodily injury.
According to United States Attorney David J. Freed, the indictment alleges that on April 5, 2019 Palmisano and Oloane assaulted another inmate at USP Allenwood. The assault resulted in serious bodily injury, including 10 broken ribs, two collapsed lungs, and injuries to the head and face requiring hospitalization.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Associates of Nuestra Familia Prison Gang Plead Guilty to Federal RICO ConspiracyRead the Press Release
SAN JOSE – Johnny Magdaleno, a/k/a Soldier Boy, Rodney Luis Romero, a/k/a Speedy, and Carlos Cervantes, a/k/a Lil Huero, a/k/a Doug, pleaded guilty today to racketeering conspiracy charges for their respective roles as associates of the Nuestra Familia prison gang, announced United States Attorney David L. Anderson and John F. Bennett, Special Agent in Charge of the Federal Bureau of Investigation’s San Francisco Field Division. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge.
According to the plea agreements, between December 2, 2012, and April 14, 2014, Magdaleno, 32, Romero, 35, and Cervantes, 31, were members of the Nuestra Familia/Salinas Norteños enterprise (the “Enterprise”). The Enterprise consisted of members and associates of the Nuestra Familia prison gang as well as Norteño street gangs in Salinas, Calif., and the surrounding areas. Members and associates of the Enterprise agreed to commit crimes such as murder, narcotics trafficking, and other acts of violence through a pattern of racketeering activity. Norteño gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. Inside prisons and local jails, all members and associates of Nuestra Familia and Norteños work together to maintain the structure and follow the rules of the Enterprise.
In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. The plea agreements also describe the roles of the defendants in “removals” as a means of violently enforcing the most important of the gang’s rules while they were in the jail. The term “removal” refers to a violent attack designed to remove (from both the custodial housing unit and the gang itself) a member of the gang who committed a serious violation of the gang’s rules. A removal is accomplished by having one or more “hitters” stab the victim and then having at least two “bombers” assault the target by punching and kicking the victim without weapons. The purpose of the subsequent beating is to inflict upon the victim maximum damage while giving the hitters time to wash themselves and get rid of weapons.
Magdaleno admitted that he orchestrated four removals of victims from housing units of the Monterey County Jail and directly participated in two of those removals as the hitter. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Magdaleno acknowledged that immediately after the victim was stabbed, two bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. Magdaleno admitted that he gave the victim marijuana to use so that he would be more vulnerable and let his guard down; and after doing so, Magdaleno stabbed the victim in the head with a shank. Immediately after the victim was stabbed, three bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim.
Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. Romero admitted that during the removal, the hitter stabbed the victim in the head, and immediately thereafter three bombers began to punch and kick the victim to inflict the maximum damage possible and to allow the hitter to escape without being caught by guards with the stabbing weapon. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. Romero admitted that he relayed the leadership’s approval for the removals, which involved a hitter stabbing the April 29 victim in the head with a metal shank and a hitter stabbing the October 23 victim in the neck with a weapon made out of plexiglass. In both removals, bombers punched and kicked the victim to inflict the maximum damage possible and to allow the hitters to escape without being caught by guards with the stabbing weapons.
Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. Cervantes acknowledged that immediately after the victim was stabbed, at least four bombers began punching and kicking the victim to allow Cervantes to escape being caught by guards with the stabbing weapon. Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape.
On September 27, 2018, a federal grand jury indicted Magdaleno, Romero, Cervantes, and several other defendants with racketeering conspiracy, in violation of 18 U.S.C. § 1962(d). Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(6). Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3). All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. If they comply with their plea agreements, the additional charges will be dismissed at sentencing.
Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. 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.
The following additional defendants have pleaded guilty to crimes as part of the criminal Enterprise and have been sentenced or are scheduled to be sentenced in the case:
Name Charges Sentence Alberto Moreno, a/k/a Doughboy Racketeering Conspiracy, 18 U.S.C. § 1962(d) Sentenced to seven years in prison Michael James Rice a/k/a Redwood Racketeering Conspiracy, 18 U.S.C. § 1962(d) Scheduled for March 3, 2020 Jeffrey Lopez, a/k/a T-Bone Racketeering Conspiracy, 18 U.S.C. § 1962(d) Scheduled for March 17, 2020 Juan Alvarez, a/k/a Chucky Racketeering Conspiracy, 18 U.S.C. § 1962(d) Scheduled for March 31, 2020 Ramon Montoya, a/k/a Little Ray Racketeering Conspiracy, 18 U.S.C. § 1962(d) Scheduled for March 31, 2020 Erik Lopez, a/k/a Bimbo Racketeering Conspiracy, 18 U.S.C. § 1962(d) Scheduled for April 7, 2020 Alejo Alex Alegre, IV, a/k/a Chino Racketeering Conspiracy, 18 U.S.C. § 1962(d) Scheduled for May 5, 2020Assistant U.S. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. The prosecution is the result of an investigation by the FBI with assistance from the Salinas Police Department, the Monterey County Sheriff’s Office, the California Highway Patrol, and the California Department of Corrections and Rehabilitation.
Thomas Louis Motisi Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Telford, Tennessee – On February 14, 2020, Thomas Louis Motisi, 51, currently of Staten Island, New York, was sentenced by U.S. District Judge Clifton L. Corker, in the United States District Court for the Eastern District of Tennessee at Greeneville.
Motisi was sentenced to 160 months in prison for his role in a conspiracy to distribute methamphetamine in the Eastern District of Tennessee.
In the spring of 2016, multiple local and federal agencies worked together to investigate potential suspects in a methamphetamine distribution conspiracy in Telford, Tennessee. Through the investigation, Motisi was found to be involved in the drug conspiracy. Motisi purchased methamphetamine from drug suppliers and redistributed the methamphetamine to other drug dealers and users. In November 2019, Motisi was found guilty at trial of conspiracy to distribute 50 grams or more of methamphetamine.
This investigation was the product of a partnership between the Drug Enforcement Administration (DEA) and the Washington County Sheriff’s Department.
Assistant U.S. Attorneys Meghan L. Gomez and Emily M. Swecker represented the United States in court.
The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Ten People Charged in $1.5 Million Fraud SchemeRead the Press Release
CAMDEN, N.J. – Ten people from South Jersey and Philadelphia have been charged with participating in a scheme to defraud individuals, companies, and financial institutions by misappropriating the victims’ bank account information and using that information to withdraw over $1.5 million in funds to which they were not entitled, U.S. Attorney Craig Carpenito announced today.
Kayla Massa, 22, of Gloucester City, New Jersey; Leire Massa, 19, of Laurel Springs, New Jersey; William Logan, 22, of Gloucester City; Jordan Herrin, 22, of Berlin, New Jersey; Erasmo Feliciano, 19, Laurel Springs; Kevin McDaniels, 18, of Sicklerville, New Jersey; Jabreel Martin, 20, of Philadelphia; Dezhon McCrae, 20, of Penns Grove, New Jersey; Andrew Johnson, 21, of Gloucester City; and Alex Haines 27, of Woodbury, New Jersey; are charged by complaint with conspiracy to commit wire fraud and bank fraud. They appeared before U.S. Magistrate Judge Karen M. Williams in Camden federal court today and on Feb.13, 2020.
According to documents filed in this case and statements made in court:
Postal inspectors connected stolen postal money orders to a series of fraudulent bank account activities at various area banks. They discovered a network of individuals in the Sicklerville, Clementon, and Gloucester City areas who posted advertisements on Instagram and Snapchat, offering people the ability to make “quick cash” if they banked at certain institutions. Some members of the conspiracy then acquired individuals’ banking information using a ruse, while others printed counterfeit checks that they deposited into the accounts. Members of the conspiracy also used victims’ debit cards to withdraw cash and make large purchases, including purchases of money orders. The group financed purchases of luxury items, including jewelry, watches, other luxury goods and apparel, vehicles, with the stolen funds. In most cases, the victims of this scheme suffered financial losses and credit problems as a result. The estimated loss at this time exceeds $1.5 million.
U.S. Attorney Carpenito credited postal inspectors with the U.S. Postal Inspection Services, Philadelphia Division, under the direction of Acting Inspector in Charge John Walker; special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark; the U.S. Marshals Service, under the direction of U.S. Marshal Juan Mattos; the Glassboro Police Department, under the direction of Chief John Polillo; New Jersey State Police, under the direction of Col. Patrick J. Callahan; the Woodbury City Police Department, under the direction of Chief Thomas Ryan; the Gloucester Township Police Department - Special Investigations Unit, under the direction of Chief David J. Harkins; the Winslow Police Department, under the direction of Chief George M. Smith; and the Gloucester County Prosecutor’s Office - Fugitive Investigations Unit, under the direction of Prosecutor Charles Fiore, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
Tacoma man caught texting on plane about molesting children sentenced to 15 years in prison for conspiring to produce images of child rapeRead the Press Release
Tacoma – A 58-year-old Tacoma resident was sentenced today in U.S. District Court in Tacoma to 15 years in prison for conspiracy to produce child pornography, announced U.S. Attorney Brian T. Moran. MICHAEL KELLAR, and his girlfriend, Gail Lynn Burnworth, 52, were arrested in August 2017, after an alert passenger on a July 31, 2017, flight to San Jose, California, noticed disturbing texts between KELLAR, who was on the plane, and Burnworth, who was in Tacoma. The investigation revealed the two had produced and shared sexually explicit images of children placed in Burnworth’s care. At the sentencing hearing, U.S. District Judge Ronald B. Leighton said, “This case for me ... has been the most disturbing case that I have had…. (These offenses) beset on society a waterfall of negative repercussions that can never be repaired.”
“I commend the airline passenger who spoke up about the disturbing texts she witnessed on her flight. We all have had that moment when we question: ‘Do I get involved,’” said U.S. Attorney Brian T. Moran. “In this case, that witness triggered the rescue of two small children and the investigation that revealed this defendant to be a predator – collecting images of child sexual abuse.”
According to records filed in the case, after the witness reported her concerns to the airline flight attendants, the flight crew arranged for law enforcement to meet the plane. KELLAR was questioned by police and ultimately arrested. A review of his electronic devices showed graphic explicit exchanges with Burnworth discussing drugging and raping the children in her care.
The Seattle Internet Crimes Against Children (ICAC) task force was alerted and obtained a Court-authorized search warrant for Burnworth’s residence and electronic devices. Investigators found sexually explicit images on Burnworth’s devices and found several hundred images of child pornography on KELLAR’s laptop.
“Sexual exploitation of children is particularly heinous, and the FBI has made it a priority to hold those who choose to perpetrate these acts accountable,” said Special Agent in Charge Raymond Duda, FBI-Seattle. “Mr. Kellar will now answer for his crimes against some of the most vulnerable in our community. This case demonstrates the FBI will rigorously investigate these crimes and reinforces that victimizing children will not be tolerated by law enforcement.”
On September 25, 2019, KELLAR pleaded guilty to Conspiracy to Produce Child Pornography and access with intent to view child pornography. Following his prison term, he will be on lifetime supervised release and will be required to register as a sex offender.
Burnworth pleaded guilty to distribution of child pornography and will be sentenced March 27, 2020.
Both defendants have been in custody since their arrests in August 2017.
The case is being investigated by the FBI with assistance from the San Jose, California, Sheriff’s Office and the Seattle Police Department Internet Crimes against Children Task Force (ICAC).
The case is being prosecuted by Assistant United States Attorneys Matthew Hampton and Marie Dalton.
Statement of U.S. Attorney Geoffrey S. Berman on Verdict in Trial of Michael AvenattiRead the Press Release
“Today a unanimous jury found Michael Avenatti guilty of misusing his client’s information in an effort to extort tens of millions of dollars from the athletic apparel company Nike. While the defendant may have tried to hide behind legal terms and a suit and tie, the jury clearly saw the defendant’s scheme for what it was – an old fashioned shakedown.”
State Department Contracting Officer Sentenced to Prison for Bribery and Procurement Fraud SchemeRead the Press Release
A contracting officer with the U.S. Department of State was sentenced today to 87 months of imprisonment followed by three years of supervised release after he was convicted of 13 counts of conspiracy, bribery, honest services wire fraud and making false statements.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Marc Meyer of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office made the announcement.
Zaldy N. Sabino, 60, of Fort Washington, Maryland, was sentenced today by U.S. District Judge Liam O’Grady after Sabino’s conviction on Oct. 4, 2019. In addition to his term of imprisonment, Sabino was ordered to pay a $25,000 fine.
According to the evidence at trial, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm engaged in a bribery and procurement fraud scheme in which Sabino received at least $521,862.93 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million dollars in structured cash deposits into his personal bank accounts. Sabino concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.
The Department of State’s Office of Inspector General, led by Steve A. Linick, and the FBI’s Washington Field Office investigated the case. Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jack Hanly of the Eastern District of Virginia prosecuted the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Sixteen Foreign Nationals Arrested in Ice OperationRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces the results of a recently completed enforcement operation in Wake County by Department of Homeland Security’s Bureau of Immigration Custom Enforcement (ICE).
ICE began a targeted enforcement operation on February 8 and concluded today. However, it should be noted that ICE conducts targeted enforcement activities on a daily basis, and will continue to do so. This most recent operation targeted at-large criminal aliens who have been identified based on encounters – that is, criminal arrests – with local law enforcement.
The Raleigh area ICE Team made sixteen arrests of foreign nationals with a variety of criminal arrests and convictions, including: Driving While Intoxicated; Burglary; Assault; Assault on Child; Robbery; Drug Possession; and, Resisting a Public Officer. One individual has been confirmed to be a member of the transnational criminal street gang Sureño 13 (SUR 13).
Of those arrested by ICE, eight were previously deported and are now pending federal prosecution for violations of Title 8, United States Code, Section 1326 (Reentry of a Removed Alien). Seven of those eight have been charged here in the Eastern District; one has been charged in the Middle District of North Carolina.
Additionally, four of the individuals arrested were identified while in the custody of the Wake County Sheriff’s Office. One individual was released despite a detainer having been placed on that subject and in spite of charges involving the assault of two young children. Three individuals were released before ICE could respond.
Names of individuals pending federal charges in the Eastern District:
MONTIEL, Jose Isaias
CONTRERAS VILLAVERDE, Francisco Javier
AGUILAR SOTO, Luis Gerardo
BENLES-OCAMPOS, Marden Giovanny
CHAPOL-AMBROS, Victor
REYES-MORENO, Manuel Antonio
CRUZ-AQUINO, Nelson
The charges and allegations contained in the indictment are merely accusations. The defendant is 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.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Sex Offender Sentenced for Producing Images of Child Sexual AbuseRead the Press Release
NORFOLK, Va. – A previously convicted child sex offender was sentenced today to 25 years in prison for producing images of child sexual abuse.
According to court documents, Lavelle Mayfield, 55, of Portsmouth, is a registered sex offender, having been previously convicted of several criminal sexual assaults against minors. The victim in this case, Jane Doe, 16, met Mayfield at church and developed a sexual relationship with him. At one point, Jane Doe ran away to stay with Mayfield. During that time, Mayfield produced numerous sexually explicit images and videos of Jane Doe.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; and Angela Greene, Chief of Portsmouth Police, made the announcement after sentencing by Senior U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorney Elizabeth M. Yusi prosecuted the case.
The Chesapeake Police Department provided significant assistance to this investigation.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-92.
San Francisco Resident Indicted on Sex Tourism Related ChargesRead the Press Release
SAN FRANCISCO – Paul Marshall Bodner was arrested on charges related to sex tourism in Vietnam, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. In an indictment filed on January 30, 2020, and unsealed yesterday, a federal grand jury charged Bodner with repeatedly traveling to Vietnam in order to engage in illicit sexual conduct.
According to the indictment, Bodner, 64, of San Francisco, Calif., traveled to Vietnam during the period from July 2015 through August 2016, where he engaged in illicit sexual conduct. The indictment also states that Bodner traveled to Vietnam in March and July 2016 for the purpose of engaging in illicit sexual conduct. According to information presented to the court at his initial appearance on February 13, 2020, Bodner met Vietnamese boys as young as 11 or 12 years old and engaged in sex acts with them at a hotel located in Ho Chi Minh City when he traveled to Vietnam.
The indictment charges Bodner with three counts of travel with intent to engage in illicit sexual conduct, in violation of 18 U.S.C. § 2423(b); and one count of engaging in illicit sexual conduct in foreign places, in violation of 18 U.S.C. § 2423(c).
Bodner was arraigned in federal court before the Honorable Joseph C. Spero, U.S. Magistrate Judge. Judge Spero scheduled a hearing for today, February 14, 2020, to determine Bodner’s detention status pending trial.
Anyone with information about Bodner or his alleged sexual interest in children should contact the HSI Tip Line at 1-866-DHS-2-ICE and ask to be directed to the case agent.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted on the charges in the indictment, the defendant would face for each count a maximum sentence of 30 years imprisonment, a life term of supervised release, and a fine of $250,000, plus restitution if appropriate. However, any sentence following conviction would 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 Lina Peng is prosecuting the case with the assistance of Morgan Byrne. The prosecution is the result of an investigation by HSI.
San Francisco Resident Indicted for Possession of A Firearm and Ammunition as A Felon with Three Prior Violent OffensesRead the Press Release
SAN FRANCISCO - A federal grand jury in San Francisco indicted Raya Man with possessing a firearm and ammunition as a convicted felon, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) San Francisco Special Agent in Charge Rayfield Roundtree. Man is charged with having previously been convicted of three violent felonies; therefore, if convicted, Man faces a mandatory minimum sentence of 15 years in prison.
Details about the incident leading to the charge appear in an affidavit from a Task Force Officer with the ATF filed January 28, 2020. According to the affidavit, on September 6, 2019, Man, 40, of San Francisco, engaged in a verbal argument with the proprietor of a nearby bar located in the Tenderloin neighborhood. Man allegedly walked away from the argument saying words to the effect of, “I will show you what a gangster is.” When Man returned a short time later, he allegedly followed the proprietor into his bar, drew a pistol, and pointed it at the proprietor while saying, “Would you believe I could kill you now?” The affidavit further alleges Man left the bar, immediately entered the single-occupancy restroom of a nearby bar, and exited the restroom seconds later. When Man exited the restroom, San Francisco Police Department officers detained him. Officers located a .45 caliber pistol loaded with seven live rounds of ammunition in the restroom’s wastebasket. In addition, the affidavit alleges Man was convicted of three violent felonies prior to September 6, 2019.
Man is charged with being in possession of a firearm and ammunition with three prior violent felony convictions, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Man has remained in custody since his arrest on September 6, 2019. He made his initial appearance in federal court in San Francisco on February 4, 2020. His next scheduled appearance is at 10:30 a.m., on February 20, 2020, for a status conference before U.S. Magistrate Judge Joseph C. Spero.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Man faces a maximum sentence of life in prison and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case is part of the Federal Initiative for the Tenderloin, a multi-agency effort focusing on fighting crime in the Tenderloin neighborhood of San Francisco.
Assistant U.S. Attorney Richard Ewenstein is prosecuting the case with the assistance of Morgan Byrne. The prosecution is the result of an investigation by the ATF and the San Francisco Police Department.
Sales Agent for Chicago-Area Red-Light Camera Company Indicted in Bribery Conspiracy in Southwest SuburbRead the Press Release
CHICAGO — A sales agent for a Chicago-area red-light camera company has been indicted for allegedly conspiring to pay bribes to obtain approval to install additional cameras in suburban Oak Lawn.
PATRICK J. DOHERTY, 64, of Palos Heights, is charged with one count of conspiracy to use an interstate facility to facilitate bribery, and two counts of using an interstate facility to facilitate bribery. The indictment was returned Thursday in U.S. District Court in Chicago. An arraignment date has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; and Kathy A. Enstrom, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. The government is represented by Assistant U.S. Attorneys Christopher J. Stetler, Tiffany A. Ardam and James P. Durkin.
According to the indictment, Doherty worked as a sales agent for the red-light camera company that since 2014 had a contract with Oak Lawn to provide cameras at certain intersections. Renewal of the contract and installation of cameras at additional intersections required approval from Oak Lawn’s Board of Trustees, the indictment states.
The charges allege that in 2017 Doherty conspired with an individual with a financial interest in the red-light camera company and another sales agent of the company to pay money to a relative of an elected Oak Lawn Trustee to influence the Trustee into using his official position to approve installation of cameras at additional intersections. The conspirators agreed to pay the relative a total of approximately $4,000 over an eight-week period, the indictment states. In order to conceal the purpose of the payments, the conspirators agreed that Doherty would make the payments from a separate company, the indictment states.
In a telephone conversation on May 25, 2017, Doherty told the other sales agent that Doherty would pay the Trustee’s relative “if it’s going to get us the job,” according to the indictment. Doherty allegedly added, “I’ll just pay it. Just make sure we get the, make sure we get the [expletive] thing, the contract.”
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count in the indictment is punishable by up to five years in prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Rotterdam Man Arrested for Attempted Enticement and Coercion of a MinorRead the Press Release
ALBANY, NEW YORK –Randy Eignor, age 49, of Rotterdam, New York, appeared yesterday in federal court on a charge that he attempted to entice a minor into sexual activity.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the criminal complaint, Eignor, attempted to entice and coerce an individual, whom he believed to be a 12-year-old girl, to engage in sex. After days of sexually explicit text messages with the person whom he believed to be a 12-year-old girl, Eignor arranged to meet in Colonie, where Eignor was confronted by law enforcement.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. If convicted, Eignor faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. 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. Additionally, if convicted, Eignor would be required to register as a sex offender.
Eignor appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending trial.
Anyone with information relevant to this investigation may contact the FBI’s Albany Field Office at (518) 431-4866.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies, including the New York State Police and the Colonie Police Department, and the Rotterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Robeson County Man Sentenced to Four Years for Pembroke, NC Post Office BurglaryRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, United States District Judge James C. Dever III sentenced BRITT ALLEN JACOBS, 46, of Robeson County to 48 months’ imprisonment, followed by 3 years of supervised release. JACOBS was also ordered to pay more than $1,300 of restitution.
JACOBS was named in an Indictment filed on May 16, 2019 charging him with one count of mail theft in violation of 18 U.S.C. § 1708, and one count of burglary of a post office in violation of 18 U.S.C. § 2115. On October 31, 2019, JACOBS pled guilty to Count 2, pursuant to a plea agreement.
According to the investigation, in the early morning hours of December 27, 2018, JACOBS broke a glass entry door to force entry into the U.S. Postal Service post office in Pembroke, NC. Officers from the Pembroke Police Department responded to the location following an alarm notification and observed JACOBS attempting to flee. The officers pursued JACOBS, deployed a police K9, and apprehended JACOBS following a brief chase. Items stolen by JACOBS included an electronic dog collar, credit cards, a purse, a cell phone, and prescription medication.
The U.S. Postal Inspection Service and Pembroke, NC Police Department conducted the investigation. Assistant United States Attorney Bryan Stephany represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Project Guardian: Three Appear in Federal Court for Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Defendants in three separate Project Guardian cases appeared in federal court this week announced United States Attorney Mike Stuart.
Bari Myricks, 47, of Dunbar, was sentenced to 96 months in prison for possession with intent to distribute 40 or more grams of fentanyl and for being a felon in possession of a firearm. Myricks previously admitted that on May 7, 2018, the vehicle he was driving was stopped by law enforcement officers due to a traffic violation. He further admitted that after a police K-9 trained in drug detection indicated narcotics were present in his vehicle, police conducted a search of his vehicle, finding heroin in a plastic bag. Officers with the Metropolitan Drug Enforcement Network Team (MDENT) later searched Myricks’ residence on Roxalana Road, finding over 100 grams of fentanyl, marijuana, over $12,000 in cash and two firearms. Myricks knew he was prohibited from possessing the firearms due to prior felony convictions. MDENT conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew J. Tessman handled the prosecution.
Clayton Cato, 36, of Brooklyn, New York, was sentenced to 24 months in prison for possessing a firearm as a convicted felon. On November 20, 2018, Cato was a passenger in a vehicle that was stopped on the East End of Charleston for a defective light. Upon officers approaching the vehicle, they smelled marijuana. All occupants were asked to step out of the vehicle. Cato stepped out of the vehicle and ran from the traffic stop on foot. While fleeing, he put his hands near his hoody pocket and was apprehended. During a pat-down for officer safety, officers located a Smith & Wesson 32 caliber pistol. Cato admitted he knew he was prohibited from possessing a firearm because of a 2003 felony conviction for distribution of cocaine base. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Ryan A. Saunders handled the prosecution.
Brashan Beverly, 32, of Dunbar, pled guilty to being a felon in possession of a firearm. Beverly admitted that on January 3, 2019, he possessed a firearm, that is a SCCY, Model CPX-2, 9mm semi-automatic pistol, in Tornado, Kanawha County, West Virginia. At the time he possessed the firearm, he knew he was prohibited from possessing firearms because of a prior drug conviction. Beverly faces up to 10 years in prison when sentenced on May 11, 2020. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Department, and the Nitro Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Ryan A. Saunders and Joseph F. Adams are handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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Ponce Man Arrested on Charges of Child PornographyRead the Press Release
SAN JUAN, P.R. – Ángel Miguel Rivera-Quiñones, 74, from Ponce, Puerto Rico, was arrested for production of child pornography, coercion and enticement of a minor, and receipt of child pornography, following an investigation by the FBI, the Police of Puerto Rico, and the Department of Justice for the Region of Ponce, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow.
According to the three-count indictment, from on or about 2015 through 2018, Rivera-Quiñones induced a female minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. The defendant used a facility of interstate and foreign commerce to entice and coerce the female minor to engage in sexual activity and received the child pornography depictions via computer.
Assistant United States Attorneys Linet Suárez and Nicholas W. Cannon, Deputy Chief of the Immigration, Cybercrime, and Child Exploitation Unit, are in charge of the prosecution of the case. If convicted, the defendant faces a mandatory minimum sentence of fifteen (15) years imprisonment, and a statutory maximum sentence of 30 years’ incarceration per count. An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
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Pill-mill doctor gets decades in prison for healthcare fraud, illegally dispensing massive amounts of drugsRead the Press Release
SAVANNAH, GA: A Savannah doctor who operated a “pill mill” dispensing massive amounts of controlled substances – sometimes in return for cash or sex – has been sentenced to 20 years in federal prison.
Dr. Frank H. Bynes Jr., 69, of Savannah, was sentenced to 240 months in federal prison by U.S. District Court Judge Lisa Godbey Wood, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Bynes, who was found guilty in October 2019 by a federal jury on 13 counts of Unlawful Dispensation of Controlled Substances and three counts of Health Care Fraud, also was ordered to pay restitution of $615,145.06 to Medicare, Medicaid and Tricare, and after completion of his prison sentence must serve three years of supervised release. There is no parole in the federal system.
“Frank Bynes poured gasoline on the raging fire of the opioid addiction crisis in our country,” said U.S. Attorney Christine. “He destroyed the lives of countless individuals and deservedly will swap his white coat for a prison jumpsuit.”
According to court testimony and documents, Bynes worked at the MBA Community Clinic in Savannah, a/k/a MBA Diabetic Shoe and Supply Store, and at Georgia Laboratory Diagnostic in Garden City, where he wrote prescriptions for more than 1,800 patients. An estimated 51,329 pharmacy fills were attributed to Bynes during a three-year period in Georgia alone, totaling in excess of 4.6 million doses of pills, opioid patches and other controlled substances.
Many of the prescriptions were part of the so-called “holy trinity” drug cocktail of opioids, alprazolam and Soma, and were provided to patients who Bynes knew were drug-addicted. According to evidence introduced at trial, Bynes prescribed the deadly drug cocktail to Medicare patients at a higher rate than any other physician in the United States.
While operating his illegal pill mill, Bynes falsely claimed to work for the Department of Justice and displayed a fake police badge to intimidate patients. Bynes also frequently used his ability to write prescriptions to exploit female patients and coerce them into providing sexual favors. Among other evidence introduced at trial were documents establishing Bynes knew multiple patients suffered an overdose – yet he disregarded numerous warnings and continued to prescribe the drug cocktail on which his patients had overdosed. In addition, Bynes defrauded Medicaid, Medicare and Tricare, resulting in excess of $2 million in fraudulent pharmacy claims.
“Dr. Bynes’ actions are despicable and contributed to the opioid crisis we are experiencing in our state and nation,” said Georgia Attorney General Chris Carr. “He placed his selfishness over the needs of his patients, and with this sentence, I hope that the many people he harmed can find some closure and begin the healing process.”
Robert J. Murphy, the Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division commented, “Complicit doctors like Dr. Bynes, who ran a pain clinic, often prey on patients who are addicted to prescription drugs. This defendant dispensed addictive prescription drugs under the guise of a stethoscope and white coat, when in actuality, he was nothing more than a common drug trafficker. This successful investigation was a direct result of hard work put forth by all law enforcement agencies involved and the subsequent prosecution by the U.S. Attorney’s Office. This doctor will now serve a lengthy prison term.”
“Dr. Bynes is going from operating a pill mill to living in a prison cell. Justice was well-served today,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG). “This substantial and warranted sentence ensures that Frank Bynes will no longer be the menace to society he once was.”
“The opioid addiction crisis in this country also touches the military and their families,” stated Special Agent in Charge Cynthia A. Bruce, DCIS, Southeast Field Office. “Dr. Bynes took advantage of his military patients who were struggling with addiction for his own personal pleasure and financial gain. DCIS, in partnership with this U.S. Attorney’s Office, will aggressively pursue individuals who seek to harm our military members and their dependents.”
“Like law enforcement, medical professionals take an oath. And like the vast majority many of the professionals take their oaths seriously,” said Everett Ragan, Director of the Chatham-Savannah Counter Narcotics Team. “Unfortunately, there are those like Dr. Bynes who go against their oath for personal gain. Doing so simply made Dr. Bynes a drug dealer in a white coat. What’s worse is Dr. Bynes’ actions negatively impacted the opioid epidemic. I am proud to say that our agency played a huge role in bringing down this monster.”
The U.S. Attorney’s Office and its law enforcement partners are actively investigating the pharmacies who filled illegitimate prescriptions from Dr. Bynes, including previously announced criminal and civil prosecutions of Chip’s Discount Drugs, Fulghum Drug’s Inc., Darien Pharmacy, and others. Pharmacists are required under federal law to ensure that a prescription is written for a legitimate medical purpose and must refuse to fill those that are not legitimate. Any individuals who have information about illegal prescribing by physicians, dispensing by pharmacies, or other diversion, and any individuals who believe they were victims of Bynes, should call the U.S. Attorney’s Office at (912) 652-4422 and ask for the Opioid Coordinator.
The case was investigated by the DEA, HHS-OIG, DCIS, the Georgia Medicaid Control Fraud Unit, and CNT, and prosecuted for the United States by Assistant U.S. Attorneys J. Thomas Clarkson and Matthew Josephson, with assistance from Litigation Technologist Dean Athanasopoulos and Jim Mooney, Deputy Director of the Georgia Medicaid Control Fraud Unit and Special Assistant U.S. Attorney.
Pikeville Man Convicted of Firearm OffensesRead the Press Release
PIKEVILLE, Ky. – A Pikeville man was convicted by a federal jury on Thursday evening, for being a felon in possession of a pistol and sawed-off shotgun.
According to testimony at trial, the Kentucky State Police responded to a complaint that Richard Starghill had refused to leave another person’s residence. He was then found in possession of a loaded revolver and a sawed – off shotgun. Starghill has a lengthy criminal history involving multiple convictions for drug trafficking and a recent conviction for felony assault.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, FBI Louisville Field Office; and Rodney Brewer, Kentucky State Police Commissioner, jointly announced the conviction.
The investigation was conducted by FBI and KSP. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorney Nick Rabold.
Starghill will appear for sentencing on June 12, 2020. He faces up to a maximum of life in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Pike County Woman Sentenced to 420 Months for Production and Distribution of Child PornographyRead the Press Release
PIKEVILLE, Ky.- A Pikeville woman, Christina Brook Mitchell, 31, was sentenced on Friday to 420 months in federal prison, by U.S. District Judge Karen Caldwell, for production and distribution of child pornography.
Mitchell previously admitted that she took explicit photographs of two minor female victims and sent the images via Facebook Messenger to Johnathan Manigault. Mitchell admitted that Manigault instructed her how to take the images and that she agreed to photograph additional underage victims for Manigault.
Manigault, Mitchell’s co-defendant, will be sentenced on April 10.
Under federal law, Mitchell must serve 85 percent of her prison sentence and will be under the supervision of the U.S. Probation Office for life.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge for FBI, Louisville Field Office, jointly made the announcement.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation was directed by the FBI. The United States was represented by Assistant U.S. Attorneys Jenna Reed.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Petersburg Man Sentenced for Firearms and Drug TraffickingRead the Press Release
RICHMOND, Va. – A Petersburg man was sentenced today to over five years in prison for possessing a firearm as a convicted felon and distributing a mixture and substance containing fentanyl and acetylfentanyl.
According to court documents, Jacoby Williams, 34, is a previously convicted felon. In September 2018, Williams sold a confidential source a mixture and substance containing fentanyl and acetylfentanyl after the confidential source ordered heroin from Williams. Shortly thereafter, Williams sold a .357 Ruger revolver and ammunition to the confidential source. During the encounter, Williams wiped his fingerprints off of the firearm, and indicated that he had more firearms for sale.
This case is part of Project Safe Neighborhoods (PSN), which 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. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Kenneth A. Miller, Director of Public Safety, Petersburg Bureau of Police, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorneys Angela Mastandrea-Miller and Kenneth Simon, Jr. prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-040.
Pennsylvania Man Charged with Smuggling Endangered Tropical Birds into VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated Jafet Rodriguez, 39, of Hazleton Pennsylvania, has been charged with unlawfully smuggling tropical birds into Vermont from Canada, in violation of the Endangered Species Act and the federal anti-smuggling statute.
Rodriguez appeared before United States Magistrate Judge John Conroy on February 13, 2020 and was released on personal recognizance. The next hearing in the case is a preliminary hearing scheduled for February 28, 2020.
According to court documents, the Government alleges that on December 30, 2019, at 10:30 A.M., the defendant walked across the Canadian border near the Haskell Free Library in Derby Line, Vermont and approached a car parked in Stanstead, Quebec. According to the Government’s allegations, the defendant retrieved a black duffle bag containing the birds from the vehicle parked in Quebec and then walked back into the United States. United States Border Patrol Agents intercepted Rodriquez after he entered another vehicle (with Pennsylvania license plates) in Derby Line, Vermont. The agents recovered seven live tropical birds from this vehicle.
According to court records, the National Fish and Wildlife Forensics Laboratory determined that five of the birds were Yellow-headed Amazons (Amazona oratrix) and two birds were White-bellied Parrots (Pionites leucogaster). These birds are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (commonly referred to as “CITES”). Under the Endangered Species Act, species which are protected under CITES cannot be imported without the appropriate permits. The birds were turned over to the U.S. Department of Agriculture and transported to the New York Animal Import Center in Rock Tavern, New York for a period of quarantine.
The United States Attorney emphasizes that the charges contained in the Criminal Complaint are merely accusations and that the defendant is presumed innocent unless and until proven guilty. If he is convicted, Rodriguez faces a maximum possible term of imprisonment of 20 years under the statute prohibiting the unlawful smuggling of merchandise into the United States. If convicted, the defendant’s actual sentence would be informed by the advisory Sentencing Guidelines.
Surveillance photograph of alleged taking custody of duffel bag containing birds. 4 yellow-headed amazon parrots inside an animal carrier. Yellow-headed amazon parrot inside a cardboard box.
This matter is being investigated by the U.S. Border Patrol and Homeland Security
Investigations with assistance from the U.S. Fish and Wildlife Service. The case is being prosecuted by Assistant U.S. Attorney Joseph Perella. Rodriguez is represented by David McColgin of the Federal Public Defender’s Office in Burlington, Vermont.
The following photographs were contained in the Government’s Criminal Complaint Affidavit filed with the Court on January 28, 2020:
New York Men Found Guilty of Federal Drug ConspiracyRead the Press Release
Portland, Maine: Two Brooklyn, New York men were convicted of conspiring to distribute and possess with intent to distribute cocaine base and heroin following a jury trial, U.S. Attorney Halsey B. Frank announced.
A federal jury returned a guilty verdict against Melquan Jordan, (a/k/a “Squirrel”), 30, and Edward Canty III (a/k/a “Demo”), 31, on October 23, 2019, but today U.S. District Judge Jon D. Levy denied the defendants’ motions for judgment of acquittal.
According to evidence presented at trial, Jordan and Canty conspired to possess with intent to distribute cocaine base and heroin transported from outside Maine for distribution in Portland and Lewiston. Jordan’s distribution involved more than 100 grams of heroin. The other conspirators named in the indictment, Lamale Lawson (a/k/a “Bishop” and “King Bishop”), 28, of Brooklyn; Akeem Cruz (a/k/a “Vibe” and “Mello”), 29, of Brooklyn; and Christopher Rickett (a/k/a “Chris”), 32, of Portland, pleaded guilty in August 2019 to participating in the conspiracy. Sierrha Frisbie (a/k/a “Cici”), 27, of Portland, pleaded guilty in December 2018.
Jordan faces between 10 and 40 years in prison, a $5,000,000 fine and between four years and life on supervised release. Canty faces up to 20 years in prison, a $1,000,000 fine and between three years and life on supervised release. All six defendants will be sentenced following preparation of presentence reports by the U.S. Probation Office.
The Portland and South Portland Police Departments; the Maine Drug Enforcement Agency; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the FBI investigated the case.
Montgomery Woman Sentenced to 11 Years in Federal Prison for Her Participation in Multiple Armed RobberiesRead the Press Release
Montgomery, Alabama - On February 12, 2020, Diamond Markayla Mathis, 24, a resident of Montgomery, Alabama, was sentenced to 132 months in federal prison for her role in committing multiple armed robberies and violating federal firearms laws, announced U.S. Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Montgomery Police Chief Ernest Finley. Following her 11-year prison sentence, Mathis will be on supervised release for three years. She was also ordered to pay $6,975.00 in restitution to the victims.
Mathis had previously pleaded guilty in November 2019 to taking part in a string of armed robberies that occurred in October 2016 with co-defendant, DeGregory Deon Lee, 24, also from Montgomery. According to court documents, their crime spree took place from October 24, 2016 until October 31, 2016, and included the robberies of ten Montgomery businesses. However, evidence indicates that Mathis only participated in six of those crimes. The robberies involving Mathis include:
- Hyundai Market Store on Woodmere Boulevard, October 24, 2016;
- Midori Sushi Bar on Woodmere Boulevard, October 24, 2016;
- Alabama Hotel on Monticello Drive, October 25, 2016;
- China King Restaurant on Zelda Road, October 30, 2016;
- Tai Ji Acupressure store on Minnie Brown Road, October 30, 2016; and
- Satsuki Japanese Restaurant on Atlanta Highway, October 30, 2016;
A firearm was used during each of the robberies and, on a least one occasion, Mathis used pepper spray against an employee. Evidence also indicated that she threatened some of the victims with a knife, and during the Alabama Hotel robbery, Mathis struck an employee with a can of pepper spray causing injury.
Lee’s sentencing hearing will take place at a later date. At sentencing, he will be facing up to 20 years in prison for participating in the robberies listed above, along with two that took place on October 26, 2016, and two on October 31, 2016.
“For too long, violent crime has plagued our communities,” stated U.S. Attorney Franklin. “Regardless of whether a person is walking down the street or working to make a living—like the victims in this case—everyone should feel safe in their daily activities. I hope that this case serves as a reminder that there are severe consequences for injecting fear and violence into the daily lives of members of our community.”
FBI SAC James Jewell stated, "There is no place in today’s society for violent behavior and reckless disregard for human life. The men and women of the FBI work day in and day out with our state, local, and federal partners to see that justice is served upon predators such as these."
Montgomery Police Chief Ernest Finley said, “The Montgomery Police Department appreciates our close working relationship with the U.S. Attorney’s Office and we want to thank our federal partners for bringing this investigation to a successful conclusion with the sentencing of Diamond Mathis and the pending sentencing of DeGregory Lee.”
The Federal Bureau of Investigation and the Montgomery Police Department investigated this case. Assistant United States Attorney Russ Duraski prosecuted the case.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Federal Bureau of Investigation and the Montgomery Police Department. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Methamphetamine Dealing Couple Pleads Guilty to Distributing Ketamine Which Resulted in the Death of a Teenager Whose Body Was Found Floating in a Texas BayouRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that CARLOS MARIO CANTU-COX, age 48, and his husband, CHRISTOPHER CANTU-COX, age 37, both of Pasadena, Texas, pleaded guilty on Tuesday, February 4, 2020 for distributing ketamine that resulted in the death of a Slidell, Louisiana teenager. The eighteen year old’s dead body was found floating in a Texas bayou.
As described in court documents, the CANTU-COXES were large-scale methamphetamine suppliers to the Houston and New Orleans area. One of their customers was an eighteen year old from Slidell, Louisiana, who frequently traveled to Texas to stay at their home. During one of these visits, the teenager was arrested for unlawful possession of a firearm and the CANTU-COXES posted his $6000 bond.
The teenager did not appear for his Texas court appearances and the CANTU-COXES told their New Orleans customers that they wanted the teenager so they could transport him back to Texas and recover their bond. Williams Harrison Farris, age 39, a New Orleans-based methamphetamine dealer and user who was supplied by the CANTU-COXES learned that the couple was looking for the teenager and were offering free methamphetamine to anyone who successfully led them to him.
Farris had previously dated Kacie Doucet, aged 37, another New Orleans-based drug user. Farris knew that Doucet was connected to the teenager on Facebook. At the direction of Farris, Doucet contacted the teenager over Facebook on multiple occasions and suggested that they meet for a sexual encounter. Farris and Doucet enlisted the help of Leilani Aspuria, age 25, of Jefferson Parish, the only one of the three with a car.
The CANTU-COXES were aware that Doucet’s offer of a sexual encounter with the teenager was a ruse, and that the real purpose of picking up the teenager in Slidell at his grandfather’s house was to provide him with a cocktail of powerful drugs and thus render him incapacitated so he could be delivered to the CANTU-COXES who were staying at a hotel in downtown New Orleans. The CANTU-COXES supplied the drug cocktail, which contained ketamine, as well as instructions on how to mix the drugs with alcohol so that it could be administered to the teenager without him knowing what he was taking.
Doucet and Aspuria picked up the teenager on February 23, 2016 and gave him the CANTU-COXES’s drug cocktail, which the couple referred to as an “elixir.” Eventually, the teenager passed out, at which point Doucet and Aspuria drove to the parking garage of Harrah’s Casino in New Orleans. Farris had been following Doucet and Aspuria on his motorcycle. The teenager’s body was then transferred to the CANTU-COXES’ car. The CANTU-COXES then drove back to Texas, with the teenager passed out in their back seat.
Somewhere near the Louisiana-Texas border, the CANTU-COXES realized that the teenager was no longer breathing. The CANTU-COXES continued driving to their home in Pasadena, Texas and parked in their driveway. Because it was still daylight, they left the teenager’s body in the car. At nightfall, the CANTU-COXES drove to a bridge over Sims Bayou in the Houston area and put the teenager’s body into the bayou. The teenager’s body washed to the shore of Sims Bayou a week later. The CANTU-COXES later paid Farris a quantity of methamphetamine for his efforts in capturing the teenager.
U.S. District Court Judge Wendy B. Vitter will sentence the CANTU-COXES on May 5, 2020. The CANTU-COXES face up to twenty years in prison. Farris, Doucet, and Aspuria have all plead guilty to the same charge. U.S District Judge Jane Triche Milazzo sentenced Aspuria to ten years of imprisonment on February 7, 2020. Farris will be sentenced on March 18, 2020. Doucet will be sentenced on April 8, 2020.
U.S. Attorney Strasser praised the work of the United States Postal Inspection Service, Louisiana State Police, Houston Police Department, and the Drug Enforcement Administration. Assistant United States Attorneys David Howard Sinkman and Brandon S. Long and are in charge of the prosecution.
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Man from Albuquerque sentenced to 30 years in federal prison for methamphetamine traffickingRead the Press Release
ALBUQUERQUE, N.M. – Gaspar Leal, 49, of Albuquerque, New Mexico was sentenced yesterday in federal court in Albuquerque to 30 years (360 months) in prison after juries found him guilty of conspiracy to distribute methamphetamine at two separate trials.
On July 12, 2016, a grand jury returned an indictment charging Leal and two others with conspiracy to distribute and distribution of 50 grams or more of methamphetamine on June 8, 2016. On Dec. 6, 2017, a jury returned a verdict finding Leal guilty of conspiracy and not guilty of distribution. Two co-defendants pleaded guilty in this case. Candace Tapia, 24, of Albuquerque received a sentence of 18 months in prison for distribution of methamphetamine and Bernadette Aurora Tapia, 51, of Albuquerque received a sentence of 21 months in prison for conspiracy to distribute methamphetamine.
On Dec. 20, 2017, a grand jury returned a separate indictment charging Leal with conspiracy to distribute 50 grams or more of methamphetamine between July 21, 2016, and Aug. 3, 2016, and distribution of 50 grams or more of methamphetamine on July 25, 2016. On July 23, 2019, a jury found Leal guilty of conspiracy and not guilty of distribution.
The evidence at Leal’s trials proved he conspired with his co-defendants and others to distribute methamphetamine in Bernalillo County, New Mexico. The evidence showed investigators from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) used an informant who initiated contact with Leal, who was employed as a barber, by posing as a customer wanting a haircut. The evidence also showed Leal arranged drug deals by phone while in jail.
ATF and the Drug Enforcement Administration investigated this case. Assistant U.S. Attorneys Norman Cairns, Kimberly Brawley, and Samuel A. Hurtado prosecuted the case.
Man Sentenced to 15 Years for Trafficking “Ghost Guns” and DrugsRead the Press Release
ALEXANDRIA, Va. – A North Carolina man was sentenced today to 15 years in prison for trafficking methamphetamine, cocaine, and firearms without serial numbers, also known as “ghost guns”, from North Carolina to Virginia.
According to court documents, Flavio Lopez Garcia, 27, trafficked over 140 grams of methamphetamine, over 57 grams of cocaine, and seven firearms from North Carolina to Virginia. Five of the firearms were “ghost guns”, as they did not have serial numbers or other identifying markers. Two additional firearms destined for Virginia were recovered during Garcia’s arrest in North Carolina. After bringing the contraband over state lines, Garcia sold the items in a combined drug and gun trafficking scheme in exchange for profit.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Mark Herring, Attorney General for Virginia; and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Special Assistant U.S. Attorney/Assistant Attorney General Karolina Klyuchnikova prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-319.