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Thursday 12 December 2019
Two Florida Residents Plead Guilty to Passing Counterfeit Checks in Multiple StatesRead the Press Release
PITTSBURGH - Two residents of Orlando, Florida, pleaded guilty in federal court to charges of conspiracy to pass counterfeit bank checks, United States Attorney Scott W. Brady announced today.
Calar Braxton, aka Vivian Hugo, aka Taylor Crimson, 45, and Brian Omar Campbell, aka Vincent Hugo, aka Troy Crimson, 30, pleaded guilty to two counts before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that in September 2017, Braxton and Campbell flew to Pittsburgh and rented a room at motel located in North Fayette Township. Afterwards, they and another member of the conspiracy went to Imperial and Coraopolis, Pennsylvania, to steal outgoing mail from residential mailboxes. The stolen mail was taken back to the motel, where it was opened. If the mail contained a check, the check’s account information and routing number were used to prepare counterfeit checks. They then used the counterfeit checks to purchase merchandise from stores located in and around the Mall at Robinson. The conspirators targeted national chains with the intention of obtaining a cash refund for ill-gotten merchandise at a counterpart store located in another state. The scheme came to an end when members of the North Fayette Township Police Department obtained a warrant for the motel room and searched. During the search, the police recovered blank check stock; a laser jet printer; a laptop computer; a false identification cards for Braxton and Campbell. As part of their plea agreement, both defendants acknowledged that they had also passed counterfeits checks in the following states: Alabama, Florida, Georgia, North Carolina, South Carolina and Texas.
Judge Horan scheduled Braxton’s sentencing for April 1, 2020, and Campbell’s was scheduled for April 2, 2020. The law provides for a total sentence of 35 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued the defendants’ detention.
Assistant United States Attorney is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the North Fayette Township Police Department conducted the investigation that led to the charges in this case.
Two Dallas Men Plead Guilty to Hate Crimes After Using Dating App to Target Gay Men for ViolenceRead the Press Release
Daryl Henry, 24, and Pablo Ceniceros-Deleon, 19, pleaded guilty today to a federal hate crime and other charges in connection with their involvement in a scheme to target gay men for violent crimes following an investigation by the FBI’s Dallas Field Office, announced Assistant Attorney Eric Dreiband of the Justice Department’s Civil Rights Division and U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Daryl Henry pleaded guilty to a hate crime act, conspiracy to commit hate crimes, kidnapping, and carjacking. Pablo Ceniceros-Deleon pleaded guilty to a hate crime act, carjacking, and use of a firearm during and in relation to a crime of violence.
“Kidnappings, carjackings, thefts, sexual assaults, and armed, violent attacks against innocent people are heinous crimes, and when perpetrators commit those crimes against victims because of their sexual orientation, the U.S. Department of Justice will continue zealously to seek justice for the victims and to punish the perpetrators to the full extent of the law,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Prosecuting those who commit such monstrous acts because of victims’ sexual orientation is a priority of the Department of Justice, and we will continue to bring to justice anyone who commits such hateful, violent crimes.”
“These defendants used Grindr to single out their victim based on sexual orientation – something the Northern District of Texas simply will not tolerate,” said U.S. Attorney Erin Nealy Cox for the Northern District of Texas. “Unfortunately, this is not the first time a dating app user has fallen victim to a violent crime. I’m urging the public to be vigilant about the dangers lurking online.”
“One of the FBI’s top priorities is to defend the civil rights of the communities we serve. We actively work with our law enforcement partners to investigate hate crimes and achieve justice for the victims impacted by these violent crimes,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The victims in this case were specifically targeted because of their sexual orientation. The FBI wants to reassure the public that we will pursue individuals who commit violent hate acts against any member of our community.”
According to court documents filed in connection with their guilty pleas, both Henry and Ceniceros-Deleon admitted Grindr, a social media dating platform primarily used by gay men, was used to lure gay men to a vacant apartment and other areas in and around Dallas for robbery, carjacking, kidnapping, and hate crimes. Henry admitted that he and others held the victims against their will in the vacant apartment. Ceniceros-Deleon admitted that he and others traveled to local ATMs to withdraw cash from the victims’ accounts. Both Henry and Ceniceros-Deleon admitted that while the victims were being held captive they were subjected to taunts based upon the co-conspirators’ perception of the men’s sexual orientation.
In addition, Ceniceros-Deleon admitted to being the gunman in a Dec. 7, 2017, carjacking where he and others used Grindr to lure a man to a location and then forced the man, at gunpoint, to drive the conspirators to local ATMs to withdraw cash from the man’s account.
In March of 2019, Michael Atkinson pleaded guilty to conspiracy and kidnapping charges in connection with this case. Atkinson will be sentenced in February of 2020. Sentencing for both defendants is set for April 1, 2020.
The Federal Bureau of Investigation’s Dallas Field Office conducted the federal investigation; a separate criminal investigation is being conducted by the Dallas Police Department. Assistant U.S. Attorney Nicole Dana of the Northern District of Texas along with Special Litigation Counsel Rose E. Gibson and Trial Attorney Kathryn Gilbert of the Justice Department’s Civil Rights Division are prosecuting the case.
Three Plead Guilty to Smuggling More Than $1 Million into St. ThomasRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced that Ashen Tirado-Tapia, Jahniel Fuertes-Robles, and Abdiel Rivera-Medina pleaded guilty yesterday to attempting to smuggle over $1 million into St. Thomas by boat.
According to court documents filed in the case, on September 17, 2019, at approximately 1:26 a.m., the defendants, Ashen Tirado-Tapia, Jahniel Fuertes Robles, and Abdiel Rivera Medina, were onboard a 25’ center console vessel travelling with no navigation lights near the western portion of St. Thomas. A Customs Border Patrol Air and Marine (AMO) coastal interceptor vessel (CIV) from St. Thomas responded in an attempt to contact the vessel. When AMO activated blue lights and sirens to initiate a stop, the boat and its occupants increased their speed, forcing the agents to fire several warning shots, and eventually disabling rounds, into the motor. During the pursuit, agents observed Fuertes-Robles and Rivera-Medina throwing a black duffel bag and GPS overboard. After AMO stopped the vehicle, agents boarded and detained all three individuals. Agents identified defendant Ashen Tirado-Tapia as the boat’s captain. AMO agents returned to where they had seen the defendants throwing something overboard and recovered a GPS unit and the black duffel bag in the water. The duffel bag contained one million one hundred and twenty eight thousand nine hundred and forty dollars ($1,128,940.00) in U.S. Currency.
This case is being investigated by the Department of Homeland Security. It is being prosecuted by Assistant United States Attorney Juan Albino. The defendants will be sentenced at a later date.
Ten Former NFL Players Charged in Alleged Nationwide Fraud on Health Care Benefit Program for Retired NFL PlayersRead the Press Release
Ten former National Football League (NFL) players have been charged in the Eastern District of Kentucky for their alleged roles in a nationwide fraud on a health care benefit program for retired NFL players.
The alleged fraud targeted the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan), which was established pursuant to the 2006 collective bargaining agreement and provided for tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance and that were incurred by former players, their wives and their dependents – up to a maximum of $350,000 per player. According to the charging documents, over $3.9 million in false and fraudulent claims were submitted to the Plan, and the Plan paid out over $3.4 million on those claims between June 2017 and December 2018.
“Ten former NFL players allegedly committed a brazen, multi-million dollar fraud on a health care plan meant to help their former teammates and other retired players pay legitimate, out-of-pocket medical expenses,” said Assistant Attorney General Benczkowski. “Today’s indictments underscore that whoever you are, if you loot health care programs to line your own pockets, you will be held accountable by the Department of Justice.”
“The defendants are alleged to have developed and executed a fraudulent scheme to undermine a health care benefit plan established by the NFL – one established to help their former teammates and colleagues pay for legitimate medical expenses,” said U.S. Attorney Robert M. Duncan Jr., for the Eastern District of Kentucky. “The defendants allegedly submitted false claims to the plan and obtained money for expensive medical equipment that was never purchased or received, depriving that plan of valuable resources to help others meet their medical needs. We have prioritized the investigation and prosecution of health care fraud in our office, and we appreciate the partnership we share with the Criminal Division and the FBI in pursuing these important matters.”
“This investigation serves as an illustration of the rampant and deliberate scams against health care plans occurring daily throughout the country,” said FBI Special Agent in Charge George L. Piro of the Miami Field Office. “In this case, these fraudsters pocketed money from the Gene Upshaw National Football League Health Reimbursement Account Plan that was intended for former NFL players who are ill or infirm. Over 20 FBI field offices participated in this investigation which demonstrates the level of commitment we have to rooting out this type of fraud.”
Two separate indictments filed in the Eastern District of Kentucky outline two alleged conspiracies involving different players related to the same scheme to defraud the Plan. Those charged in the indictments are the following:
- Robert McCune, 40, of Riverdale, Georgia, is charged with one count of conspiracy to commit wire fraud and health care fraud, nine counts of wire fraud and nine counts of health care fraud.
- John Eubanks, 36, of Cleveland, Mississippi; Tamarick Vanover, 45, of Tallahassee, Florida; and Carlos Rogers, 38, of Alpharetta, Georgia, are each charged with one count of conspiracy to commit wire fraud and health care fraud, two counts of wire fraud and two counts of health care fraud.
- Clinton Portis, 38, of McLean, Virginia; Ceandris Brown, 36, of Fresno, Texas; James Butler, 37, of Atlanta, Georgia; and Fredrick Bennett, 35, of Port Wentworth, Georgia, are each charged with one count of conspiracy to commit wire fraud and health care fraud, one count of wire fraud and one count of health care fraud.
- Correll Buckhalter, 41, of Colleyville, Texas, and Etric Pruitt, 38, of Theodore, Alabama, are charged with one count of conspiracy to commit wire fraud and health care fraud.
In addition, the government has filed notice that it intends to file criminal informations charging Joseph Horn, 47, of Columbia, South Carolina, and Donald “Reche” Caldwell, 40, of Tampa, Florida, with conspiracy to commit health care fraud in the Eastern District of Kentucky.
The indictments charge that the scheme to defraud involved the submission of false and fraudulent claims to the Plan for expensive medical equipment – typically between $40,000 and $50,000 for each claim – that was never purchased or received. The expensive medical equipment described on the false and fraudulent claims included hyperbaric oxygen chambers, cryotherapy machines, ultrasound machines designed for use by a doctor’s office to conduct women’s health examinations and electromagnetic therapy devices designed for use on horses.
According to allegations in the indictments, McCune, Eubanks, Vanover, Buckhalter, Rogers and others recruited other players into the scheme by offering to submit or cause the submission of these false and fraudulent claims in exchange for kickbacks and bribes that ranged from a few thousand dollars to $10,000 or more per claim submitted. As part of the scheme, the defendants allegedly fabricated supporting documentation for the claims, including invoices, prescriptions and letters of medical necessity. After the claims were submitted, McCune and Buckhalter allegedly called the telephone number provided by the Plan and impersonated certain other players in order to check on the status of the false and fraudulent claims.
This case was investigated by the FBI and is being prosecuted by the Health Care Fraud Unit of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Kentucky. The investigation included efforts by various FBI Field Offices and Resident Agencies, including: Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah; and Washington, D.C.
Trial Attorneys John (Fritz) Scanlon, Alexander J. Kramer and Thomas J. Tynan of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Paul C. McCaffrey and Andrew E. Smith of the Eastern District of Kentucky are prosecuting the cases.- Robert McCune, 40, of Riverdale, Georgia, is charged with one count of conspiracy to commit wire fraud and health care fraud, nine counts of wire fraud and nine counts of health care fraud.
Two Men Charged Federally with Armed Robberies of Cell Phone Stores and a Female Charged with Illegal Purchase and Transfer of FirearmsRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on December 10, 2019, a federal grand jury returned an 18-count indictment against Maurice Tolbert (age 40) of Milwaukee and Richard Tolbert (age 36) of Chicago, charging them with a series of robberies of cell phone stores in Milwaukee and West Allis between April 27, 2019, and October 29, 2019. Further, Angel Price (age 29) of Milwaukee is charged with illegally purchasing and transferring firearms to a felon between March 11, 2019, and October 6, 2019.
All three defendants are charged with conspiracy to illegally obtain firearms and use those firearms to commit robberies. Maurice Tolbert is charged with committing four robberies of cell phone stores, in violation of the Hobbs Act, and using, carrying, and brandishing firearms during those robberies. Richard Tolbert is charged with committing three robberies of cell phone stores, in violation of the Hobbs Act, and using, carrying, and brandishing firearms during those robberies. Angel Price is charged with four counts of being a straw purchaser of firearms and four counts of providing firearms to a felon.
If convicted of the charges in the indictment, defendants Maurice and Richard Tolbert face up to twenty years of imprisonment, five years of supervised release, and a $250,000 fine as to each of the Hobbs Act robberies. Each of the brandishing of a firearm counts involves a mandatory minimum sentence of seven years and a maximum of life in prison, which must run consecutive to any other sentence. Angel Price faces a maximum of ten years of imprisonment, three years of supervised released, and a $250,000 fine as to each of the firearm counts. On the conspiracy charge, each defendant faces up to five years of imprisonment, up to three years of supervised released, and a $250,000 fine.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
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.
This case was investigated by the FBI’s Milwaukee Area Violent Crimes Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Milwaukee Police Department, the West Allis Police Department, and the Milwaukee County District Attorney’s Office. This case is being prosecuted by Assistant United States Attorney Margaret B. Honrath.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which time the government must prove guilt beyond a reasonable doubt.
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Superseding Indictment Charges Another St. Louis Police Officer for Civil Rights Violations and False Statements to the FBIRead the Press Release
St. Louis – A federal grand jury returned a superseding indictment today against three St. Louis Metropolitan Police Department (SLMPD) Police Officers for their conduct in connection with the arrest and assault of a fellow SLMPD police officer who was working undercover in downtown St. Louis during protests following the 2017 acquittal of a former SLMPD officer of a first-degree murder charge brought by the State of Missouri relating to the shooting death of a civilian.
The superseding indictment added Officer Steve Korte, 42, charging him with civil rights violations and providing false statements to the FBI. Officers Dustin Boone, 36; Christopher Myers, 28; Randy Hays, 32; and Bailey Colletta, 26, were indicted in the initial indictment filed on November 29, 2018. The charges include deprivation of constitutional rights, obstruction of justice and perjury.
During the protests, SLMPD officers were deployed throughout the area to monitor protest activity and respond if necessary. According to the indictment, on the evening of September 17, 2017, a SLMPD police officer was working in an undercover capacity in downtown St. Louis in order to document any criminal activity being committed during the protests. Around 10:00 p.m. in the area of 14th Street and Olive Street near the St. Louis Public Library, SLMPD Officers Boone, Myers, and Korte approached the undercover officer, forcefully brought him to the ground, and violently beat him causing severe injuries that have required multiple surgeries.
Randy Hays pled guilty on November 8, 2018 to deprivation of constitutional rights and will be sentenced on March 17, 2020. Bailey Colletta pled guilty on September 6, 2019 to false statements to the grand jury and will be sentenced on April 10, 2020.
Officer Myers also faces a Destruction of Evidence charge for destroying the cellular phone of the beating victim on the night of September 17, 2017.
Officers Boone, Myers, Korte are each charged with one count of deprivation of rights under color of law resulting in bodily injury, which is a violation of 18 U.S.C. § 242. That charge carries a maximum penalty of ten years in prison, a fine of $250,000, or both imprisonment and a fine.
Officer Korte is also charged with providing false statements to the FBI which carries a maximum penalty of five years in prison, a fine of $250,000, or both imprisonment and a fine.
The evidence destruction charge carries maximum penalties of twenty years in prison, a $250,000 fine, or both.
As is always the case, the charges in an indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty.
Stash house operators convictedRead the Press Release
HOUSTON – Three men have been convicted for transporting and harboring illegal aliens in locked and boarded-up trailers in Houston, announced U.S. Attorney Ryan K. Patrick.
Albino Vargas-Hernandez, 48, a Mexican citizen who resided in Houston, and Rene Camacho, 47, Houston pleaded guilty today to conspiracy to transport and harbor illegal aliens. A third man – Mexican national Hiram Lamarca-Gonzalez, 21, who also resided in Houston - entered his plea Dec. 4.
The investigation revealed that from approximately July 9, 2018, through on or about Aug. 22, 2018, multiple suspected aliens had arrived and departed trailers in Houston, which were locked and had boards on the windows. On several occasions, Vargas left his residence, picked up illegal aliens from the stash house and delivered them to others.
Law enforcement obtained search warrants on the Vargas residence as well as the stash houses. During that time, authorities found Vargas and Camacho inside one of the trailers along with 12 undocumented aliens. The aliens identified Vargas and Camacho as leaders of the smuggling organization, in charge of documenting alien information in ledgers and collecting payments for the those smuggled into the country. They also recovered multiple firearms, “pollo” lists (alien smuggling ledgers keeping track of alien and payment information), money service wire receipts and approximately $224,000 in cash.
Authorities also arrested Lamarca for guarding the aliens at the stash house.
U.S. District Judge Alfred H. Bennett accepted the pleas today set sentencing for Feb. 13, 2020. Lamarca is also set for that date. At that time, each faces up to 10 years in federal prison and a possible $250,000 maximum fine.
Camacho was permitted to remain on bond, while the others are in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Richard Bennett prosecuted the case.
South Windsor Cocaine Trafficker Sentenced to More Than 8 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, announced that IGNACIO BRUNO, 33, of South Windsor, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 102 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, Bruno coordinated the shipment of cocaine through the U.S. Mail from suppliers in Puerto Rico to various addresses in Connecticut and elsewhere in the northeastern U.S. Bruno’s co-conspirator, Juan Lugo Del Valle, mailed some of the parcels at Bruno’s direction from Puerto Rico. Bruno paid certain Connecticut residents to use their residences to receive cocaine parcels that had been mailed. During the course of the investigation, law enforcement personnel seized multiple kilograms of cocaine that were attributable to Bruno.
Bruno has been detained since his arrest on April 12, 2018. On September 18, 2019, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine.
“Today’s sentencing should give fair warning to those who use the U.S. Mail to distribute cocaine and other illegal narcotics, that Postal Inspectors will investigate and seek prosecution of those individuals,” said Inspector in Charge Cronin. “We will vigorously pursue traffickers who put our communities at risk by allowing these highly addictive drugs into our state.”
Lugo Del Valle pleaded guilty to the same offense and, on November 19, 2019, was sentenced to 60 months of imprisonment.
This matter was investigated by the U.S. Postal Inspection Service and the Hartford and Southington Police Departments. The case was prosecuted by Assistant U.S. Attorney S. Dave Vatti.
South Beloit Man Pleads Guilty to Producing Child PornographyRead the Press Release
ROCKFORD — A South Beloit man pleaded guilty today before U.S. District Judge Matthew F. Kennelly to charges of producing child pornography.
ADRIAN C. PETERS, 26, admitted in a written plea agreement that from October 2012 to December 2014 he enticed seven minor victims - ages 14 to 17 - to engage in sexually explicit conduct for the purpose of producing a recording of such conduct on computers. Peters then transmitted some of the videos via the internet. The minor victims were from Illinois, Wisconsin, and Arizona.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Office of the FBI. The Winnebago County Sheriff’s Office and the South Beloit Police Department assisted in the investigation. The government is represented by Assistant U.S. Attorney Michael D. Love.
Each count of producing child pornography carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years. Sentencing is set for April 17, 2020, at 9:30 a.m.
Six-Time Felon Sentenced to Federal Prison for Illegal Possession of AmmunitionRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Carlos Lamont Holt, III, a/k/a, “Heavy”, 54, of Anchorage, was sentenced yesterday by U.S. District Judge Sharon L. Gleason, to serve 72 months in federal prison for being a felon in possession of ammunition.
According to court documents, on Nov. 18, 2018, Holt entered the lobby of the Black Angus Inn and got into a verbal altercation with the front desk clerk. Holt then exited the lobby, pulled out a firearm and fired several shots into the lobby of the Black Angus Inn. Holt then got into the passenger seat of a 2006 Ford Focus and drove away. Holt was identified as the shooter by the front desk clerk, security guard, and several passengers in the Ford Focus. The Anchorage Police did not recover the firearm, but did recover the shell casings of the bullets shot by Holt into the Black Angus Inn lobby. Holt has 30 prior criminal convictions, to include six prior felony convictions, along with multiple drug possession and drug trafficking offenses.
Before imposing a sentence, Judge Gleason commented that civilized society is not a place where people can resolve disputes by firing weapons into hotel lobbies, and this creates a danger to the community. Judge Gleason hoped this sentence would act as a deterrent to other individuals that have felony convictions that seek to possess firearms and that this sentence would protect the community from Mr. Holt while he was in custody.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Kelly Cavanaugh.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was made possible by investigative leads generated from ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crime involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
Shallotte Man Sentenced for Cocaine Base (Crack) DistributionRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge James C. Dever, III sentenced SPENCER LAMONT BRYANT, 33, of Shallotte, NC, today. BRYANT was sentenced to 210 months imprisonment and 5 years of supervised release.
On August 20, 2019, BRYANT pled guilty to conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base (crack) and to distribution of a quantity of cocaine base.
In April, 2011, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in Wilmington, North Carolina and the Brunswick County Sheriff’s Office (BCSO) identified BRYANT as a high-volume cocaine base (crack) supplier in the Brunswick County area. With the assistance of several confidential sources of information (CI), officers conducted ten controlled purchases from BRYANT, seizing a total of 265.55 grams of cocaine base (crack) from BRYANT.
Officers also interviewed multiple witnesses who described BRYANT’s drug trafficking operation. Based on those interviews and the amounts seized by law enforcement directly from BRYANT between at least June 30, 2007, and March 22, 2019, BRYANT was held accountable for the distribution of at least 14 kilograms of crack.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Brunswick County Sheriff’s Office investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Sex Offender Pleads Guilty to Failing to RegisterRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced that Carl N. Decicco, III pled guilty on Monday morning for Failing to Register as a Sex Offender; the day his jury trial was set to begin.
The defendant was previously convicted of first degree sexual contact with a minor under the age of thirteen. As a result of this conviction, defendant was required to register as a sex offender under both Virgin Islands and United States law. From March of 2018 until his arrest in August 2019, defendant failed to appear and update his registration forms as required by law. The defendant was arrested on August 14, 2019 by the U.S. Marshals Service.
The case was investigated by the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Donna Rainwater. The defendant will be sentenced at a later date.
Selma Men Sentenced for Armed CarjackingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Timical Hall and Tyre J. Webster of Selma, Alabama, were sentenced in federal court for their roles in an armed carjacking. In August 2019, Hall pleaded guilty to two charges—carjacking and brandishing a firearm in furtherance of a crime of violence. A week later, Webster pleaded guilty on two counts—carjacking and conspiring to commit carjacking.
At approximately 8:50 pm on February 5, 2019, the victim pulled over to the side of the road in Valley Grande, Alabama, to reply to a text message. Hall and his co-defendants, Webster and Rayford D. Mitchell, pulled up behind the victim in a stolen Nissan Altima. The three men exited the Nissan and approached the victim’s vehicle. Hall and Mitchell each wore masks and were armed with loaded firearms. Mitchell approached the driver’s side where the victim was sitting with her window cracked, pointed a gun to the victim’s temple, and ordered her to open the door “before I blow your fucking brains out.” Mitchell repeatedly poked the victim in her shoulder with the barrel of the gun. As she opened the door, Mitchell reached into the vehicle, grabbed the victim, and threw her down on the concrete. Simultaneously, Hall approached the front passenger’s side of the vehicle and beat on the glass window with his gun until it shattered. Mitchell told the victim, “You better be glad I don’t want to kill a bitch tonight or you would be a dead bitch.” One of the men asked the victim for her money and she replied that it was in her wallet in the vehicle. Mitchell grabbed the victim and shoved her into the vehicle, demanding that she retrieve the wallet and give it to him. The victim complied. Hall then approached the victim, put the barrel of his firearm to her chest, and ordered her to give him her cell phone and the code for it. The victim provided the cell phone but not the code. The three men then fled the scene; Mitchell drove away in the victim’s vehicle, which had the victim’s purse inside, while Hall and Webster fled in the stolen Nissan.
Video surveillance depicts all three assailants rummaging through the victim’s purse at an apartment complex minutes after the carjacking. Law enforcement located the victim’s purse and items belonging to the victim within approximately 15 feet of that location. Later during the evening of the carjacking, police officers located the defendants in the stolen Nissan at a local convenience store. Mitchell unsuccessfully attempted to flee but was apprehended in possession of a .9mm pistol. Police located Hall and a 7.62x39 caliber, AK-style firearm in the stolen Nissan. Webster eluded capture and was arrested approximately a week later.
On December 4, 2019, Senior United States District Judge Callie V.S. Granade sentenced Hall to a term of 121 months’ imprisonment, consisting of 37 months on the carjacking charge and 84 months on the gun charge, ordering that the sentences run consecutively. Hall will serve a term of five years on supervised release upon the completion of his sentence. For his role in the offense, on December 4, 2019, Judge Granade sentenced Webster to 63 months’ imprisonment and a three-year term of supervised release. Hall and Webster were not ordered to pay a fine, but the judge withheld an order on restitution in an amount to be determined. The court also ordered each defendant to pay $200 in special assessments. The court sentenced Mitchell to 130 months’ imprisonment in November 2019.
The Selma, Alabama Firearms Enforcement (S.A.F.E.) Task Force investigated the case and brought it to the United States Attorney’s Office for prosecution. The S.A.F.E. Task Force is comprised of the Selma Police Department, the Dallas County Sheriff’s Office, the 4th Judicial Drug Task Force, the Alabama Bureau of Pardons and Paroles, the Alabama Law Enforcement Agency, the State of Alabama Attorney General’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorneys Gina Vann and Erica Hilliard.
Rocky Mount Woman Sentenced for FEMA FraudRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina announced that Chief United States District Judge Terrence W. Boyle sentenced SHEILA RUFFIN, 51, of Rocky Mount, to thirty days of imprisonment followed by two years of supervised release.
RUFFIN was charged in an Indictment with 15 counts of fraud related to the Hurricane Matthew recovery effort conducted by the Federal Emergency Management Agency (FEMA). On May 22, 2019, RUFFIN pled guilty pursuant to a written plea agreement to one count of Disaster Fraud.
On October 8, 2016, Hurricane Matthew impacted the coast of North Carolina, bringing record storm surge levels and catastrophic flooding. In the aftermath, a Presidential Major Disaster Declaration was issued covering certain eastern North Carolina counties. The declaration enabled various forms of federal disaster assistance that was administered by FEMA.
From February 2017 to April 2018, on 15 occasions, RUFFIN made false statements and submitted fraudulent documentation in connection with applications for FEMA assistance. RUFFIN falsely claimed that her pre-hurricane residence remained uninhabitable, requiring her to pay for temporary housing. As a result, RUFFIN received $11,250 in rental assistance to which she was not entitled. As part of the sentence, RUFFIN was ordered to pay restitution in the amount of $11,250.
The U.S. Department of Homeland Security, Office of Inspector General, conducted investigation of this case. Assistant United States Attorney Toby Lathan prosecuted the case for the government.
Rochester Man Pleads Guilty to Robbing Irondequoit Chase BankRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Connell, 27, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that on May 21, 2019, Connell robbed the Chase Bank at 1982 East Ridge Road in Irondequoit, NY. The defendant entered the bank and handed the teller a note that demanded money and alleged that Connell had a hostage outside. The defendant also threatened to shoot if the teller did not hurry. The teller handed Connell a quantity of currency and he fled the bank.
The defendant was later identified as the robber through photographs from the robbery, facial recognition technology, and a fingerprint left on the robbery note that was handed to the teller.
The plea is the result of an investigation by the Federal Bureau of Investigation, Rochester Area Major Crimes Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.
Sentencing is scheduled for March 13, 2020, at 10:15 am before Judge Siragusa.
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Rochester Man Arrested on Charges of Threatening CongressmanRead the Press Release
SPRINGFIELD, Ill. – A Rochester, Ill., man has been arrested and charged by criminal complaint with making a threatening communication against U.S. Congressman Rodney Davis. Randall E. Tarr, 64, of the 200 block of E. Mill St., Rochester, Ill., was arrested today and appeared in federal court before U.S. Magistrate Judge Tom Schanzle-Haskins in Springfield.
The affidavit filed in support of the criminal complaint alleges that in the morning of Nov. 25, 2019, Tarr called the Decatur, Ill., office of Congressman Davis and left a profanity-filled voicemail message in which he threatened to shoot the congressman.
According to the affidavit, the voicemail message was forwarded to U.S. Capitol Police, in Washington, D.C. Through caller ID, police identified Tarr as the alleged caller and U.S. Capitol Police contacted the Rochester Police Department to ask officers to make contact with Tarr. Rochester police officers made initial contact with Tarr on Nov. 25, at his residence. According to the affidavit, FBI officers subsequently interviewed Tarr.
The complaint charges Tarr with one count of communication of a threat to injure a person, which is punishable by up to five years in prison, and one count of making a threat to a federal official, which carries a statutory maximum penalty of up to 10 years in prison.
During today’s hearing, Judge Schanzle-Haskins appointed the federal public defender to represent Tarr for purposes of determining bond. Tarr was released from custody under conditions, including home detention and location monitoring; prohibited contact with any victims and witnesses; prohibited from consumption of alcohol; and further, that Tarr cooperate in drug and alcohol screening and mental health evaluation. Judge Schanzle-Haskins scheduled the next court appearance for Tarr on Dec. 17, 2019.
Assistant U.S. Attorney Crystal Correa is representing the government in the prosecution. The FBI and Rochester Police Department are conducting the investigation.
Members of the public are reminded that a complaint is merely an accusation; the defendant is presumed innocent unless proven guilty.
Rapid City Man Pleads Guilty to Conspiracy to Commit Wildlife TraffickingRead the Press Release
United States Attorney Ron Parsons announced Troy Fairbanks, age 56, of Rapid City, South Dakota, appeared before Magistrate Judge Daneta Wollmann on December 6, 2019, and pleaded guilty to an Indictment that charged him with Conspiracy to Commit Wildlife Trafficking.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, a $100 special assessment, and restitution.
Fairbanks conspired with his sons and other individuals to traffic in wildlife—specifically, bald and golden eagles, various species of hawks, and fifteen other bird species—and parts of those birds. Fairbanks, the owner/operator of a Native American dance business called Buffalo Dreamers, bought, sold, traded, and bartered eagles and hawks and their parts on numerous occasions between July 17, 2014, and February 11, 2016. Fairbanks sold and traded hundreds of eagle feathers, as well as eagle wings, eagle heads, eagle claws, raptor claws, hawk feathers, and parts from other CITES I protected birds. Testing of carcasses and parts recovered after a search warrant conducted at Fairbanks’s home revealed at least 112 eagles and/or parts thereof passed through his home during the transactions he conducted there.
The investigation was conducted by the U.S. Fish & Wildlife Service. The case is being prosecuted by Assistant U.S. Attorneys Eric Kelderman and Meghan Dilges.
A presentence investigation was ordered and a sentencing date was set for May 4, 2020. The defendant was released on bond pending sentencing.
Quapaw Man Charged with Sexual Abuse of a ChildRead the Press Release
A federal grand jury returned an indictment this month charging a man from Quapaw with sexually abusing a child under the age of 12, announced U.S. Attorney Trent Shores. The indictment was unsealed Monday.
Wilkie Bill Burtrum, 60, is charged with aggravated sexual abuse of a minor under 12 in Indian Country and with abusive sexual contact with a child under 12 in Indian Country. The indictment alleges that from Aug 2018 to October 2019, Burtrum knowingly touched the child sexually on multiple occasions. At a hearing held today, U.S. Magistrate Judge Paul J. Cleary ordered the defendant to be detained pending trial.
“We’ve made an effort to focus on crimes involving child victims this year, including in Indian Country. Sadly, there seems to be no end to the number of child predators we encounter. But law enforcement and child advocates remain undeterred,” said U.S. Attorney Trent Shores. “It takes courage for any victim – especially child victims – to come forward to disclose sexual abuse. We are proud to stand with victims to pursue justice in the courtroom to hold accountable their abusers.”
Burtrum was previously convicted of aggravated sexual abuse with children committed within Indian Country in 1993.
The Quapaw Tribal Marshals Service and Miami Police Department conducted the investigation. Assistant U.S. Attorney Shannon Cozzoni is prosecuting the case.
Pittsburgh Man Pleads Guilty in Identity Theft RingRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of wire fraud and aggravated identity theft, United States Attorney Scott W. Brady announced today.
Terry Porterfield, age 44, pleaded guilty to two counts before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Porterfield participated in an identity theft ring, through which he broke into unoccupied vehicles and stole means of identification and access devices of individuals, including driver licenses, credit cards, debit cards, and Social Security cards. Porterfield and other members of the conspiracy used the stolen means of identification and access devices to make and attempt to make fraudulent purchases at various retail establishments, including Target and Best Buy.
Judge Schwab scheduled sentencing for April 23, 2020. The law provides for a total sentence of not more than 22 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The United States Postal Inspection Service, the United States Secret Service, the Allegheny County Police, Ross Township Police, and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Porterfield.
Perkins Man Who Killed His Father Sentenced to 10 Years for Possession of a FirearmRead the Press Release
OKLAHOMA CITY – JERRY RAY CRAINE, 37, of Perkins, Oklahoma, has been sentenced to ten years in prison for possessing a firearm after a misdemeanor conviction of domestic violence, announced U.S. Attorney Timothy J. Downing.
According to an indictment filed on January 15, 2019, Craine possessed a 9mm semi-automatic handgun in Payne County on July 29, 2018. Because of his March 2018 misdemeanor conviction in state court for domestic assault and battery in the presence of minor children, his firearm possession was a federal crime.
According to court filings, Craine killed his own father with the firearm he possessed illegally. On July 29, 2018, he learned that his mentally unstable father had gained access to another firearm Craine possessed at his residence in Perkins. After his father threatened to shoot him, Craine retreated to his vehicle and retrieved the 9mm semi-automatic handgun, along with two magazines of ammunition. He then went back into the house, where his father shot at him and he returned fire. After shooting a dozen rounds, Craine retreated, reloaded, and killed his father by firing more shots. On October 24, 2018, the Payne County District Attorney’s Office charged him with manslaughter in the first degree.
On March 6, 2019, Craine pleaded guilty to the federal firearm charge. Citing a recent Supreme Court case, he later asked permission to withdraw his guilty plea because he claimed he did not know his misdemeanor conviction made it illegal for him to possess a firearm. The court denied his motion because that case did not change the principle that a prohibited person commits a federal crime by possessing a firearm, even if unaware of the prohibition.
Today, U.S. District Judge Stephen P. Friot sentenced Craine to ten years in prison, to be followed by three years of supervised release. During the sentencing hearing, the court found that a cross-reference to first-degree murder applied under the United States Sentencing Guidelines.
This case is the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office, the Oklahoma State Bureau of Investigation, and the Perkins Police Department. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and Payne County District Attorney Laura Austin Thomas and her office also provided support. Assistant U.S. Attorney Julia E. Barry prosecuted the case.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here. The case is also part of "Operation 922," the district’s local implementation of Project Safe Neighborhoods and Project Guardian. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are subject to a victim protective order or have been previously convicted of a misdemeanor crime of domestic violence.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Mississippi Man Sentenced for Sexually Assaulting a Minor on Cruise ShipRead the Press Release
BOSTON – A Mississippi man was sentenced yesterday in federal court in Boston for sexually assaulting a minor during a cruise from Boston to Bermuda.
Adam Christopher Boyd, 32, of Bay Springs, Miss., was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 42 months in prison and five years of supervised release. In April 2019, Boyd pleaded guilty to one count of sexual abuse of a minor.
In August 2017, Boyd was a passenger on a seven-day cruise from Boston to Bermuda. While the ship was docked in Bermuda, Boyd sexually assaulted a minor passenger while the two were onboard the ship. The child subsequently reported that he had been raped to ship security, who notified Bermudian authorities. In the course of the Bermuda Police Service’s initial investigation, they arrested Boyd and notified authorities in the United States, where he was ultimately charged. Subsequent forensic testing revealed the presence of Boyd’s DNA in the minor victim’s underwear.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. Valuable assistance was also provided by U.S. Customs and Border Protection, the Bermuda Police Service, Massachusetts Port Authority and FBI Legat Bridgetown, Barbados, Sub Office Nassau. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Milwaukee Man Indicted for Bank RobberyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced on December 10, 2019, that a federal grand jury returned a three-count indictment against Otis T. Anderson (age: 30) of Milwaukee, Wisconsin.
The indictment alleges Anderson robbed the Old National Bank at 790 N. Jefferson Street in Milwaukee, Wisconsin, while brandishing a firearm, all in violation of Title 18, United States Code, Sections 2113 and 924(c). Anderson is also charged with being a felon in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(1). If convicted of the charges alleged, Anderson faces a mandatory minimum of seven years imprisonment and up to a lifetime term of imprisonment.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
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.
This case was investigated by the Federal Bureau of Investigation’s Milwaukee Area Violent Crimes Taskforce and the Milwaukee Police Department. The case will be prosecuted by Assistant United States Attorney Lisa Wesley.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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Public Information Officer Kenneth Gales 414-297-1700
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Mexican National Sentenced for Immigration OffenseRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JORGE MEJIA-COLIN, age 28, a native of Mexico, was sentenced today after previously pleading guilty to a one-count bill of information charging him with illegal reentry of a removed alien.
United States District Court Judge Barry W. Ashe sentenced MEJIA- COLIN to time served (4 months of imprisonment), followed by 1 year of supervised release, and a $100 special assessment fee. The defendant will be surrendered to the custody of Immigration and Customs Enforcement for removal proceedings.
According to court documents, MEJIA-COLIN was previously removed from the United States on September 30, 2008. He was later found in the Eastern District of Louisiana on July 24, 2019, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
U.S. Attorney Strasser praised the work of Immigration and Customs Enforcement, Enforcement and Removal Operations in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Member of Montgomery Drug Trafficking Organization Sentenced to 30 Years for Conspiracy, Drug and Gun ChargesRead the Press Release
Montgomery, Alabama – On Thursday, December 5, 2019, Cyrus Phyfier, a 51-year-old resident of Montgomery, was sentenced to 360 months in prison for multiple drug and firearm related charges, announced United States Attorney Louis V. Franklin, Sr., ATF Special Agent in Charge Marcus Watson, DEA Assistant Special Agent in Charge Clay Morris, Secretary of the Alabama Law Enforcement Agency Hal Taylor, and Montgomery Police Chief Ernest Finley.
Phyfier received a significant sentence because the Court determined that based on his criminal history, which included multiple drug distribution convictions, he is a career offender under the federal sentencing guidelines. Following his 30-year prison sentence, Phyfier will be on supervised release for ten years.
Evidence presented at Phyfier’s August 2019 trial showed that in 2013 law enforcement began to investigate a cocaine and marijuana distribution organization operating in Montgomery County, Alabama. The organization was supplied from persons operating in the Atlanta, Georgia metropolitan area. Following the arrest of a member of the organization, agents discovered Phyfier was a major illegal drug supplier. Utilizing a number of investigative tools, agents determined Phyfier was responsible for distributing approximately five to eight kilograms of cocaine hydrochloride during some months. In addition, five controlled purchases were made from Phyfier at his home. Video footage presented during the trial revealed Phyfier weighing and selling various illegal drugs. Additional testimony presented at trial revealed Phyfier distributed in excess of 28 kilograms of cocaine base during the course of the conspiracy. Law enforcement found that Phyfier and his co-conspirators would buy and sell various drugs to each other to support their enterprise with one of them stating that he had purchased cocaine from Phyfier for ten years.
During the execution of a search warrant at Phyfier’s residence, law enforcement seized marijuana and a firearm. Again, Phyfier had two prior felony convictions for the unlawful distribution of a controlled substance. Therefore, he was prohibited from possessing a firearm.
The jury found Phyfier guilty as charged on all counts in the indictment. Specifically, he was found guilty of various narcotics related offenses, which included conspiracy to distribute and possession with intent to distribute powder cocaine, crack cocaine, and marijuana. The jury also found Phyfier guilty on the charges of being a felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.
The other charged members of the conspiracy previously pled guilty and most have been sentenced for their crimes, including: Haywood Norman, 48 years old, sentenced to 180 months; George Edward Jones, 42 years old, sentenced to 92 months; Gene Easterling, 48 years old, sentenced to 63 months; Erwin Smith, 59 years old, sentenced to 51 months; and Ernest Lee Rhodes, 37 years old, sentenced to eight months.
U.S. Attorney Franklin said, “Make no mistake, Phyfier was not your average, run-of-the-mill drug dealer. He was a major player in a drug trafficking organization that infested the city with illegal drugs and violence. This sentence will finally bring his days of poisoning and terrorizing our communities to an end. I commend all of the investigative agencies involved for their efforts in dismantling this organization”
ATF Special Agent in Charge Watson remarked, “Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF and our partners as part of ‘Project Guardian.’”
DEA Assistant Special Agent in Charge Morris said, “Phyfier was clearly a dangerous criminal and a member of a drug trafficking organization that poured drugs into Montgomery, Alabama. The cooperation and dedication of all the law enforcement agencies who worked tirelessly on this investigation should send a clear message to those who try to destroy our families and communities. We will not tolerate your criminal behavior and lifestyle. We will investigate you and ensure we find a prison bed for you for years and years. The wonderful people of Alabama deserve our full effort and attention. We will not stand by and allow others to cause harm and destroy lives.”
Secretary Taylor of the Alabama Law Enforcement Agency said, “One of Alabama’s greatest assets is a solid multi-level law enforcement partnership. Such collaboration is effective as evidenced by the investigation and prosecution of Cyrus Phyfier.”
Montgomery Police Chief Finley said, “At MPD, we appreciate our close working relationship with the U.S. Attorney’s Office and want to thank our federal partners for bringing this investigation to a successful conclusion with the sentencing of Cyrus Phyfier and the other members of the drug trafficking organization.”
The Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Alabama Law Enforcement Agency (ALEA), and the Montgomery Police Department investigated this case, with assistance from the State of Alabama Attorney General’s Office, the Montgomery County Sheriff’s Office, and the United States Marshals Service (USMS).
This case was prosecuted by Assistant United States Attorneys Curtis Ivy, Jr., Stephanie Billingslea, Alice LaCour, and Brett Talley.
Man from Albuquerque sentenced to more than 18 years in federal prison for two armed robberiesRead the Press Release
ALBUQUERQUE, N.M. – Eric Matthew Reddick, 23, of Albuquerque was sentenced in federal court on December 10 to 217 months in prison for two armed robberies he committed in 2017.
According to public court records, Reddick committed the first armed robbery in Albuquerque on October 3, 2017. Reddick and another man went inside a gas station carrying firearms. They wore masks, gloves, and hats to conceal their identities. Reddick and the other man pointed their guns at a clerk and demanded money. The clerk told them to calm down and assured them he would get the money. However, Reddick shot his pistol at shelves of liquor behind the clerk. The clerk then handed over money from the cash register. Reddick and the other man fled the store.
On October 6, 2017, Reddick went to a convenience store in Albuquerque. He picked up a pack of gum and put in on the counter with a dollar bill. When the clerk opened a cash register, Reddick pulled out a pistol and demanded money. This was the same gun Reddick used in the previous robbery three days earlier. Reddick took money from the clerk and left the store with two witnesses watching him. One of the witnesses took a cell photo picture of Reddick as he ran towards a car. Reddick fired several shots at the witnesses, striking one in the neck and the other in the leg. Reddick fled the scene in a stolen vehicle but police later tracked him down at a restaurant parking lot. Officers stopped the vehicle, arrested Reddick, and seized the gun used in the robberies.
On November 30, 2017, Reddick pleaded guilty to an indictment charging him with interference with interstate commerce by robbery and carrying, brandishing, and discharging a firearm during and in relation to a crime of violence. These charges stemmed from the robbery on October 6, 2017. On March 25, 2019, Reddick pleaded guilty to an information charging him with interference with interstate commerce by robbery. This charge stemmed from the robbery on October 3. Reddick received concurrent sentences of 97 months in prison for the two robbery offenses. He received a consecutive sentence of 120 months in prison for the firearm offense for a total sentence of 217 months imprisonment.
The FBI investigated this case with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Albuquerque Police Department. Special Assistant U.S. Attorney Timothy Trembley prosecuted the case as part of the U.S. Attorney’s Office’s “SAUSA Partnership” with the Bernalillo County District Attorney’s Office, a joint initiative designed to reduce violent crime in Albuquerque.
Man Sentenced to More Than 4 Years for Felon in Possession of a FirearmRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court yesterday, Chief United States District Judge Terrence W. Boyle sentenced CHARLES JUNIOR ANDERSON, 55, of Little River, South Carolina, to 55 months’ imprisonment, followed by a 3 year term of supervised released.
On February 21, 2019, ANDERSON was named in a one-count Indictment in which he was charged with Felon in Possession of a Firearm. On September 17, 2019, ANDERSON pled guilty to the Indictment.
On October 26, 2018, Brunswick County Sheriff’s Office Vice and Narcotics officers observed a vehicle leave a known drug area and commit multiple traffic infractions while traveling to a grocery store parking lot in Calabash, NC, where the vehicle came to a stop and was approached by officers. A firearm was observed on the floor of the front passenger seat of the vehicle where ANDERSON was seated. ANDERSON admitted that the firearm belonged to him. This was ANDERSON’s third federal conviction for Felon in Possession of a Firearm.
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. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Brunswick County Sheriff’s Office, Vice and Narcotics Division, with assistance from the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Bryan M. Stephany prosecuted the case for the government.
Lumberton Armed Bank Robber Sentenced to Life in Federal PrisonRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that Chief United States District Terrence W. Boyle, sentenced DEMETRIS SEAN ROBINSON, a/k/a “Bo Bo,” 27, of Whiteville, North Carolina, to life imprisonment plus 10 years to be served consecutively, followed by 5 years of supervised released. ROBINSON was ordered to pay $40,302 in restitution.
On May 1, 2019, ROBINSON was convicted following a jury trial of Armed Bank Robbery and Aiding and Abetting, Discharging a Firearm during a Crime of Violence, and Possession of a Firearm by a Convicted Felon. On November 14, 2019, Robinson’s co-defendant, DAQUAN MADRID PRIDGEN, was sentenced by Chief Judge Boyle to Life imprisonment, plus ten years’ imprisonment to be served consecutively. Robinson’s other two co-defendants, JERAMIE ROSS VAUGHN and RASHAD DEVONTE YOUNG, a/k/a “Rep,” each received 180 months imprisonment.
The evidence presented at trial showed that sometime in late 2017, the four men began planning to rob a bank and gathered high-quality masks to wear during the robbery, and several firearms, including a rifle, shotgun, and two handguns. On January 23, 2018, the four men travelled to Lumberton and cased banks before deciding to rob the PNC Bank. ROBINSON, PRIDGEN, and YOUNG each brandished firearms and ordered the tellers to hand over money. A bank employee was also ordered to the bank vault where additional money was taken. In all, the four men fled the bank with over $40,000 in cash.
Officers of the Lumberton Police Department (LPD) quickly caught up with the robbers and a two-county high-speed chase ensued. Other law enforcement officers from the Robeson County Sheriff’s Office (RCSO) and the Columbus County Sheriff’s Office (CCSO) also joined the chase. The defendants drove through residential areas and reached speeds in excess of 90 miles per hour. At various points in the chase, ROBINSON fired at officers both while the getaway vehicle was in motion and while the vehicle stopped several times. Several law enforcement vehicles were struck, but there were no injuries to law enforcement. The chase ended when ROBINSON, PRIDGEN, and VAUGHN abandoned the vehicle on the side of the road in Columbus County and fled on foot into the woods. YOUNG ran on foot when the vehicle stopped at an earlier time. All four were eventually apprehended and charged.
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. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.
The FBI, the North Carolina State Bureau of Investigation, the Lumberton Police Department, the Robeson County Sheriff’s Office, and the Columbus County Sheriff’s Office conducted the investigation of this case. Assistant United States Attorneys Erin C. Blondel and Robert J. Dodson prosecuted the case for the government.
Long Island Man Charged with Possessing Child Pornography in New PaltzRead the Press Release
ALBANY, NEW YORK – Jacob Delaney, age 22, of Holtsville, New York, and currently residing in New Paltz, was charged and arrested today for possessing child pornography.
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).
A criminal complaint filed against Delaney alleges that he possessed child pornography on his computer and an external hard drive while residing in New Paltz. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Delaney faces a maximum term of imprisonment of 20 years, a mandatory term of supervised release of 5 years and up to life, mandatory registration as a sex offender, and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, and the New York State Police Troop F Campus Sexual Assault Victim’s Unit and Highland Barracks, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Local Nail Salon Owners Arrested and Charged with Forced Labor and Debt BondageRead the Press Release
Assistant U. S. Attorney Christopher P. Tenorio (619) 546-8413
NEWS RELEASE SUMMARY – December 12, 2019
SAN DIEGO – Cindy Mydung Luu and Jason Luu, siblings who own two Rancho Bernardo nail salons, were arraigned in federal court late today following their indictment by a federal grand jury on charges they were part of a forced labor conspiracy.
The brother and sister were arrested this morning at their home in Tierrasanta by members of the San Diego Human Trafficking Task Force. According to the indictment, they lured the victim – their second cousin - from Vietnam to San Diego to work long hours in their salons, Eden Nails Lounge & Spa (“Eden”) and Majestic Nail Salon (“Majestic).
The U.S. Department of Labor’s Wage and Hour Division also investigated the defendants’ nail salon for minimum wage and overtime violations, according to Wage and Hour District Director Rodolfo Cortez.
“We are very grateful that this matter came to the attention of the Human Trafficking Task Force upon the suggestion and support of two caring and vigilant nail salon customers who had befriended the victim,” said U.S. Attorney Robert Brewer. “With their assistance, Task Force officers were able to assist the victim immediately and to investigate these alleged crimes.”
“There’s never an excuse for coercing someone into forced labor,” said California Attorney General Xavier Becerra on behalf of the San Diego Human Trafficking Task Force. “We are all proud of the work done by our team and task force partners that led to this indictment.”
The indictment alleges the defendants recruited the victim to travel to San Diego from Vietnam in 2014 on a student visa. Beginning in September 2014, the victim was held at a home owned by the defendants and began working at Majestic. She worked at Majestic until February 2018, and then at Eden until June 2019.
Although the victim initially attended Grossmont College, she left in the spring of 2016 and was married to Jason Luu, her second-cousin, who petitioned for a visa for the victim as his spouse. Jason Luu is also charged with Visa Fraud for falsely swearing on the visa application in 2015 that the victim had lived with him as his spouse, and that she intended to continue living with him. As the indictment alleges, the victim was actually residing at a separate residence owned by the defendants.
To maintain the victim’s labor, the defendants allegedly engaged in a scheme intended to cause the victim to believe she would suffer financial and reputational harm if she did not continue working. The defendants are also charged with benefitting financially from their forced labor and peonage venture, which required that the victim’s work proceeds be used to pay outstanding debts, both imaginary and real.
The United States is also seeking the forfeiture of property used to facilitate the crimes, and property involved in the offense, plus at least $300,000.
The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
The defendants were arraigned on the indictment today before U.S. Magistrate Judge Karen S. Crawford. Bond was set at $30,000 secured by real property for each defendant.
They are scheduled to appear before U.S. District Court Judge Jeffrey T. Miller on January 17, 2020 at 11 a.m. for a motion hearing and trial setting.
DEFENDANTS Case Number 19CR4970-JM
Cindy Mydung Luu Age: 53 San Diego, CA
Jason Luu Age: 44 San Diego, CA
SUMMARY OF CHARGES
Forced Labor Conspiracy – Title 18, U.S.C., Section 1594
Maximum penalty: Twenty years in prison and $500,000 fine
Peonage – Title 18, U.S.C., Section 1581
Maximum penalty: Twenty years in prison and $500,000 fine
Forced Labor – Title 18, U.S.C., Section 1589
Maximum penalty: Twenty years in prison and $500,000 fine
Document Servitude – Title 18, U.S.C., Section 1592
Maximum penalty: Five years in prison and $500,000 fine
Benefitting Financially from Peonage – Title 18, U.S.C., Section 1593A
Maximum penalty: Twenty years in prison and $500,000 fine
Visa Fraud/False Swearing in Immigration Matter – Title 18, U.S.C., Section 1546(a)
Maximum penalty: Ten years in prison and $250,000 fine
AGENCIES
Homeland Security Investigations
Internal Revenue Service, Criminal Investigations
San Diego County Sheriff’s Department
U.S. Department of Labor, Wage and Hour Division
This case is the result of the ongoing efforts of the Violent Crime and Human Trafficking (VCHT) Section. Formed in 2019, by U.S. Attorney Robert Brewer, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section oversees the Southern District of California coordinators for Project Safe Neighborhoods, Human Trafficking, and Project Safe Childhood. The VCHT Section also provides federal prosecutors to the downtown San Diego Violent Crimes Task Force-Gang Group, the North County Gang Task Force, and the East County Gang Task Force.
Leader of Colombian Cocaine Trafficking Organization Sentenced to over 24 YearsRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday has sentenced Roberto Andrade-Caceres (47, Cali, Colombia), a/k/a “Yiyo,” to over 24 years and 4 months in federal prison for conspiracy to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States.
Andrade-Caceres was indicted on May 4, 2017, arrested in Colombia, and subsequently extradited to the United States. On May 2019, he pleaded guilty to the offense.
According to court records, since at least 2014, Andrade-Caceres was an organizer and leader of a Cali, Columbia based drug-trafficking organization (“DTO”) engaged in the maritime transportation of large quantities of cocaine from Colombia to Panama and Costa Rica using small go-fast style vessels. Andrade-Caceres directed, managed, and oversaw virtually all aspects of the maritime cocaine-smuggling operation, including organizing and supervising at least twelve maritime cocaine smuggling ventures, two of which were interdicted by the United States Coast Guard.
In 2015 and 2016, the U.S. Coast Guard interdicted two go-fast smuggling vessels dispatched from Colombia by the DTO. During those interdictions, the Coast Guard seized approximately 684 kilograms of cocaine. The crewmen aboard these vessels were arrested and prosecuted in the Middle District of Florida.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The Office of International Affairs of the Criminal Division of the Department of Justice provided significant support with the defendant’s extradition. 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. The case was prosecuted by Special Assistant United States Attorney Nicholas DeRenzo.
LRGP Member Going to Prison for 25 Years for Drug Conspiracy, Murdering Man He Thought Was A Rival Drug MemberRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Johnson, 28, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to serve 25 years in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between late 2014 and May 2015, the defendant, along with several other members and associates of the L.R.G.P. Gang, sold and distributed crack cocaine in the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. Johnson also sold cocaine out of 41 Houghton Street in Buffalo to various drug customers, including an undercover police officer.
During this conspiracy, on December 14, 2014, the defendant shot and killed Terrell Taylor as he was walking in the area of Brinkman Avenue and Rohe Street in Buffalo. Johnson mistakenly believed that Taylor was a member of a rival gang.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Justice Department Seeks to Shut Down Nevada Tax Return PreparerRead the Press Release
The United States filed a civil injunction suit seeking to bar Gregory C. Diedrich and Saginaw Financial from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today.
The complaint, filed in the U.S. District Court in Las Vegas, Nevada, alleges that the defendants prepare and file tax returns that overstate their customers’ refunds, and that they fail to conduct the required due diligence, including taking reasonable steps to ensure that information provided by customers is accurate. The complaint alleges that the defendants engaged in misconduct, including fabricating business income and claiming false deductions, such as for charitable contributions and phony business expenses. For example, according to the complaint, Saginaw and Diedrich prepared a tax return for a married couple claiming over $16,000 in false deductions for travel, mileage, and a cell phone without receiving any supporting documentation, and prepared a return for another customer that reported income not received by the customer in order to maximize her Earned Income Credit. In the complaint, the government estimates the lost tax revenue from Saginaw and Diedrich’s actions to be over $1.5 million for the 2017 tax year alone.
According to the complaint, the IRS has taken multiple steps to correct Diedrich and Saginaw Financial’s unlawful behavior, including scheduling personal visits, and, later, assessing substantial financial penalties, but these efforts have failed to curb Saginaw and Diedrich’s unlawful behavior.
The complaint seeks an order permanently barring Diedrich and Saginaw Financial from preparing federal tax returns for others, and requiring Diedrich and Saginaw Financial to send a notice of the injunction to all customers who have retained them since 2016.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams. Taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Files Antitrust Case and Simultaneous Settlement Requiring Elimination of Anticompetitive College Recruiting RestraintsRead the Press Release
The Department of Justice’s Antitrust Division today filed a civil lawsuit against the National Association for College Admission Counseling (NACAC) alleging that NACAC established and enforced illegal restraints on the ways that colleges compete in the recruiting of students. The Antitrust Division simultaneously filed a proposed consent decree with NACAC. Under the decree, NACAC is required to remove three anticompetitive rules from its Code of Ethics and Professional Practices (CEPP), which broadly regulates how its college members conduct their admissions process. In advance of today’s court filings, and in response to the Antitrust Division’s investigation, NACAC members voted to remove the rules at their Annual Meeting in September.
“While trade associations and standards-setting organizations can and often do promote rules and standards that benefit the market as a whole, they cannot do so at the cost of competition,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement is a victory for all college applicants and students across the United States who will benefit from vigorous competition among colleges for their enrollment.”
Under its proposed consent decree with the Justice Department, NACAC has agreed to remove rules regarding recruitment of (1) transfer students from other schools; (2) prospective incoming freshmen after May 1; and (3) prospective Early Decision applicants. NACAC is further restrained from establishing or enforcing any similar rule in the future, and has agreed to increase its antitrust compliance training with employees and members. If approved by the court, the consent decree will resolve the Antitrust Division’s competitive concerns.
NACAC is headquartered in Arlington, Virginia. NACAC is the leading trade association related to the college admissions process. Its members include primarily non-profit colleges and universities and their admissions staff, as well as high schools and their counselors.
As required by the Tunney Act, the proposed consent decree, along with the Department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Aaron Hoag, Chief, Technology and Financial Services Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7100, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Jury finds Mission Man Guilty of Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that Luke Joseph Burning Breast, age 36, of Mission, South Dakota, was found guilty of Felon in Possession of a Firearm as a result of a federal jury trial in Pierre, South Dakota. The verdict was returned on December 10, 2019.
The charge carries a maximum sentence of up to 10 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Burning Breast was indicted by a federal grand jury on August 13, 2019. In 2008, Burning Breast was convicted in Federal court of Drug User in Possession of a Firearm, a felony. On April 9, 2019, in Rosebud, South Dakota, Burning Breast was at a residence when an altercation ensued between Burning Breast and his domestic partner. Law enforcement was contacted and responded to the residence. During questioning, the officers noted a rifle magazine on the table and Burning Breast requested his rifle be retrieved from outside. The arresting officers knew that Burning Breast had a prior felony conviction and asked him about the firearm and conviction. Burning Breast erroneously claimed he was no longer a felon, though the investigation revealed his conviction remained valid.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
A sentencing date has not been set. Burning Breast was remanded to the custody of the U.S. Marshals Service.
Jury Convicts Jefferson City Man of False Information in Two Attempts to Purchase FirearmsRead the Press Release
JEFFERSON CITY, Mo. – A Jefferson City, Missouri, man has been convicted by a federal jury of providing false information in two unsuccessful attempts to purchase firearms.
Joshua Michael Lehman, 35, was found guilty on Monday, Dec. 9, of two counts of making false statements in a federal record provided to a licensed firearms dealer.
Lehman attempted to purchase a Ruger 9mm pistol at Bob’s Guns on Dec. 29, 2017, and attempted to purchase a Smith & Wesson 9mm handgun at Dunham’s Sports on Feb. 15, 2018. In each instance, Lehman claimed, in a federal firearms transaction record, that he had not been adjudicated to be mentally defective and committed to a mental institution, which he knew was false.
Both purchases were denied by the National Instant Criminal Background Check System (NICS) because Lehman had been civilly committed as mentally defective.
On March 20, 2018, Lehman’s mother (through an attorney) contacted the Cole County Sheriff’s Department because she believed her son was a danger to others and had been attempting to purchase a firearm.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for approximately 40 minutes before returning the guilty verdicts to U.S. District Judge Stephen R. Bough, ending a one-day trial.
Under federal statutes, Lehman is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Aaron M. Maness. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cole County, Mo., Sheriff’s Department.
Project Guardian
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.Jury Convicts Former Fresno IRS Employee of Wire Fraud, Aggravated Identity Theft, and Tax FraudRead the Press Release
FRESNO, Calif. — On Thursday, a federal jury convicted Marcela Heredia, 46, of Riverside, of seven counts of wire fraud, four counts of aggravated identity theft, and one count of making a false tax return, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence introduced at trial, Heredia worked at the Fresno Economic Opportunities Commission’s Transitional Living Center, which houses at-risk youth, until 2014. Heredia also worked at the IRS as a Tax Examiner between 2008 and 2014. While working at the Transitional Living Center, Heredia stole residents’ personal identifying information and filed numerous tax returns that included false wage and withholding information, false educational expenses, and other false entries. Heredia directed the refunds for those returns to her personal bank account, spending the money on various personal expenses. Heredia failed to report any of the refund money she directed into her account on her 2011 tax return.
“Heredia misused her position of trust as a Youth Care Specialist to feed her greed by stealing the identities of the young homeless adults she cared for and using those identities to file fraudulent tax returns,” said Kareem Carter, Special Agent in Charge of the Oakland Field Office, IRS-CI. “Heredia then secured the fraudulent refunds and deposited them into her own bank account for her personal use. The IRS remains committed to the pursuit of identity theft and, together with our partners at the U.S. Attorney’s Office and Tax Inspector General for Tax Administration, we will hold those who engage in similar conduct accountable.”
This case is the product of an investigation by the U.S. Department of the Treasury Inspector General for Tax Administration and IRS Criminal Investigation. Assistant U.S. Attorneys Laura D. Withers and Vincente A. Tennerelli are prosecuting this case.
Heredia is scheduled to be sentenced on March 27, 2020. She faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for wire fraud, a mandatory minimum of two years in prison to be served consecutive to any other sentence for aggravated identity theft, and up to three years in prison and a $250,000 fine for making a false tax return. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Jackson Man Sentenced for Bank Fraud and Mail Fraud ConspiracyRead the Press Release
Jackson, Miss. –Clinton Moses, Jr., 51, of Jackson, was sentenced today by Senior U.S. District Judge Tom S. Lee to serve 6 months in prison and 6 months of home confinement for his role in a conspiracy to commit bank and mail fraud, announced U.S. Attorney Mike Hurst and Jere T. Miles, Special Agent in Charge of Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans. Moses was also ordered to pay restitution in the amount of $30,000.
Moses conspired with others to apply for fraudulent automobile loans at Magnolia Federal Credit Union in Hinds County, Mississippi. The conspiracy spanned from early March 2017 through October 2018. The fraudulent loan applications contained false information to include computer-generated numbers in lieu of their legitimate social security numbers and places of employment. Magnolia Federal Credit Union relied on the information provided in the automobile loan applications and processed loans in each of the defendant’s names.
The false representations made caused Magnolia Federal Credit Union to mail checks in amounts from $25,000 to $55,000 to what was later determined to fictitious automobile dealership. The defendants never intended to purchase or take possession of the vehicles that were referenced in the fraudulent loans.
The case was investigated by Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Secret Service. It was prosecuted by Assistant United States Attorney Erin Chalk.
Jackson Man Pleads Guilty to Illegal Possession of Firearm under Project EJECTRead the Press Release
Jackson, Miss. – Jimmy Lee Thompson, 27, of Jackson, pled guilty today before Chief U.S. District Judge Daniel P. Jordan to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Thompson was previously convicted of felonious house burglary in Hinds County and was sentenced to serve ten years in the custody of Mississippi Department of Corrections with three of those years suspended. On June 30, 2018, Thompson was found in possession of a firearm during a traffic stop in Jackson, Mississippi.
Thompson will be sentenced by Chief Judge Jordan on March 13, 2020 at 9:00 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Jackson Police Department investigated the case. The case is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Gets 18 Years in Federal Prison under Project EJECT for Illegally Possessing FirearmsRead the Press Release
Jackson, Miss. –Otha Ray Flowers, 37, of Jackson, was sentenced yesterday by U.S. District Court Judge Henry T. Wingate to 10 years in federal prison, followed by three years of supervised release, for being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation.
The 10 year sentence will be served consecutive to the 8 year sentence Flowers received on December 3, 2019, based on a separate conviction for possession of a firearm by a convicted felon. Flowers will serve a total of 18 years in federal prison based on his two most recent convictions.
A jury convicted Flowers at the conclusion of a trial on September 18, 2019, for being a convicted felon in possession of a firearm during his arrest by the FBI on a federal warrant. On February 13, 2019, an FBI Special Agent and Task Force Officer encountered Flowers exiting his sister’s residence. When the agents informed Flowers that they were from the FBI and that he was under arrest, Flowers resisted arrest and tossed a loaded firearm that had been in his coat pocket back into his sister’s apartment. Flowers continued to resist, but he was finally subdued. The firearm was then recovered from the apartment. Flowers had been previously convicted in St. Bernard Parish, Louisiana for attempted armed robbery; in Hinds County, Mississippi for possession of a firearm by a convicted felon; and in Guadalupe County, Texas for possession of a firearm by a convicted felon.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted and tried by Assistant United States Attorneys Dave Fulcher and Chet Kirkham.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indianapolis Drug Kingpin Sentenced to Life in Federal PrisonRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Richard Bernard Grundy, III, 30, Indianapolis, was sentenced today in federal court, by U.S. District Chief Judge Jane Magnus-Stinson, to life in federal prison. Grundy was convicted of drug-trafficking and money laundering following a three-week jury trial in August of 2019.
"Indianapolis is a safer community today with Grundy and his associates off the streets," said Minkler. "This sentence sends a clear message that if you choose to traffic drugs into our neighborhoods and endanger our citizens, we will find you, and you will be prosecuted to the full extent of the law."
Grundy was the leader of a drug-trafficking organization that distributed over 400 pounds of methamphetamine, as well as large amounts of heroin, cocaine, and marijuana in Indianapolis from August 2016 through November 17, 2017. Grundy was convicted of engaging in a continuing criminal enterprise, conspiracy to distribute controlled substances, and other drug-trafficking and money laundering offenses.
Ezell Neville, 41, Undrae Moseby, 30, Derek Atwater, 33, and James Beasley, 39, also from Indianapolis, were convicted of conspiracy to distribute controlled substances and other drug-trafficking offenses. Neville served as a principal distributor of methamphetamine for Grundy. Moseby transported drug proceeds from Indianapolis to Phoenix, Arizona for Grundy and returned to Indianapolis with methamphetamine. Atwater and Beasley were mid-level methamphetamine distributors for Grundy’s organization.
Neville, Atwater, and Beasley were sentenced to 360 months, 216 months, and 235 months in federal prison, respectively. Moseby is awaiting sentencing. The statuses of the remaining codefendants are listed below.
David C. Carroll, sentenced on November 5, 2019, to 96 months
Michael Hyatte, sentenced on December 18, 2018, to 12 months and one day
Lance Hatcher, Jr., awaiting sentencing
Nathaniel Dixson, sentenced on November 27, 2018, to 120 months
Conway Jefferson, dismissed on November 17, 2017
Robert Lisenby, Jr., sentenced on October 24, 2018, to 276 months
Torin A. Harris, sentenced on November 26, 2018 to 120 months
John E. Bell, sentenced on November 14, 2018, to 180 months
Shemilah D. Crowe, sentenced on May 2, 2019, to 60 months
Gilberto Vizcarra-Milan, sentenced on December 5, 2019, to 300 months
Mario Eduado Villasenor, sentenced on October 30, 2019, to 48 months
Christopher D. Bradford, pending trial
Emilio Mitchell, II, sentenced on November 20, 2019, to 120 months
Thomas Bullock, sentenced on April 11, 2019, to 120 months
Mark T. Williams, sentenced on December 11, 2019, to 240 months
Isiah T. Finch, sentenced on September 25, 2019 to 36 months
Dion G. Madison, sentenced on April 10, 2019, to 97 months
Frank S. Early, sentenced on June 24, 2019, to 46 months
Emilio Mitchell, Jr., sentenced on May 14, 2019, to 57 months
Daona Le’Ann Gholston, sentenced on April 9, 2019, to 30 months
The lead investigative agencies were the Federal Bureau of Investigation and the Indianapolis Metropolitan Police Department. Other agencies that assisted in the investigation included the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Fishers Police Department, Marion County Sheriff’s Department, Indiana State Police, and Zionsville Police Department.
"Mr. Grundy was under the mistaken impression he and his crew could run their criminal enterprise and flaunt their illegal activities in the face of the law without fear of consequence. Today’s sentence sends a strong and clear message to him and others – illegal drug trafficking, witness intimidation and violence will not be tolerated in Indianapolis, or anywhere in Indiana," said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. "The FBI’s partnerships in this case were vital to a successful investigation, and the willingness of the U.S. Attorney’s Office to aggressively prosecute this group was important to putting others involved in similar criminal activities on notice that there is zero tolerance for their unlawful actions."
"Today’s sentencing is the culmination of years of cooperative efforts among local and federal law enforcement partners in Marion County," said IMPD Chief Bryan Roach. "Profiting from crime and violence in our community will not be tolerated, and this case should send a message to those in our city with similar violent criminal enterprises that we will hold them accountable."
"This sentence stands as a warning to others who use firearms and physical threats against the Indianapolis community," stated Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. "The law enforcement community in central Indiana, at the local, state, and federal levels, will work long and hard to ensure that criminals are held responsible for their illegal and violent acts and that every victim receives the justice they deserve."
According to Assistant United States Attorneys Bradley A. Blackington and Lindsay E. Karwoski, who prosecuted this case for the government, Grundy will serve five years supervised release following his prison sentence, and he was fined $2,000.00.
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 target, investigate, and prosecute more violent criminal organizations engaged in drug trafficking, money laundering and the use of firearms to further a drug trafficking crime. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.1.
Incarcerated Bridgeport Man Charged with Attempting to Murder Federal Grand Jury WitnessRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that, on December 4, 2019, a federal grand jury in Bridgeport returned an indictment charging VAUGHN THOMAS, also known as “Fettiboy LV,” 20, of Bridgeport, with retaliating against a federal grand jury witness.
As alleged in court documents and statements made in court, between September and November 2019, while he was incarcerated in state custody, Thomas solicited other inmates to murder a federal grand jury witness. He also wrote letters to non-incarcerated individuals instructing them to murder the witness, and made phone calls to make sure his instructions were followed.
The indictment charges Thomas with one count of obstructing justice by attempting to kill a witness, which carries a maximum term of imprisonment of 20 years, and one count of obstructing justice by threatening to engage in conduct intended to cause bodily injury to a witness, which carries a maximum term of imprisonment of 20 years.
Thomas has been in state custody since May 15, 2019. He appeared yesterday before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and entered a plea of not guilty to the charges.
U.S. Attorney Durham stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Connecticut State Police and Bridgeport Police Department. The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.
Imposter nurse pleads guilty to wire fraud, health care fraud and identity theftRead the Press Release
Greeneville, Tenn. – On December 12, 2019, Misty Dawn Bacon, 44, of Morristown, entered a guilty plea to one count of wire fraud, one count of health care fraud, and one count of identity theft in the United States District Court for the Eastern District of Tennessee at Greeneville. Sentencing has been set for April 3, 2020, at 1:30 p.m., in United States District Court in Greeneville.
Bacon faces up to 45 years in Federal prison, fines of up to $750,000, and restitution that could exceed $750,000.
As part of the written plea agreement, Bacon, a convicted felon, admitted to providing fraudulent information on job applications, with the intent to deceive prospective employers by using the registered nurse license numbers of others to gain employment. Bacon posed as a registered nurse, despite having neither a nursing degree nor nursing license from the Tennessee Department of Health and no nursing experience. Through this fraudulent scheme, Bacon was hired by at least eight health care providers between September 2012 and November 2018. Over the six-year period, Bacon worked in a variety of medical settings, including nursing homes, rehabilitation and assisted living facilities, a doctor’s office, and home health agencies.
While posing as a nurse, Bacon had access and rendered medical care to numerous patients, dispensing medications, obtaining invasive access to patient’s bodies, and gaining access to patients’ sensitive and private medical information.
Additionally, as a purported registered nurse, Bacon made numerous false entries in patients’ medical records and submitted false claims to public and private health care benefit programs. Two of her employers, voluntarily repaid health care benefit programs a combined sum of over $500,000 for claims submitted upon learning of Bacon’s imposter status. As part of her written plea agreement, Bacon agreed to waive her right to grand jury indictment and proceed by criminal information, which includes the aforementioned charges.
“This defendant created a substantial danger to public health through her lengthy criminal scheme. Anyone who fraudulently poses as a licensed professional will be vigorously prosecuted by this office and an appropriate punishment will be sought,” added United States Attorney J. Douglas Overbey. “Our office will bring the full measure of the law against those who attempt to take this sort of dangerous and unlawful advantage of persons needing appropriate medical treatment from duly licensed health care professionals.”
“Posing as a medical professional and putting the lives of innocent patients at risk is not acceptable,” said TBI Director David Rausch. “Our Medicaid Fraud Control Division remains committed to working with our federal partners to ensure healthcare fraud and identity theft cases like this one are addressed and investigated thoroughly.”
The criminal information is the result of an ongoing investigation by the Tennessee Bureau of Investigation, the Tennessee Department of Health, and the Jefferson City Police Department.
Mac D. Heavener, III, Assistant United States Attorney, represented the United States.
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Honduran National Pleads Guilty to Illegal ReentryRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that EDWIN DAVID PONCE-MATAMOROS, age 34, a citizen of Honduras, plead guilty on December 10, 2019 in a one-count indictment charging him with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a) and (b)(1).
According to documents signed by the defendant and filed in open court, federal agents found PONCE-MATAMOROS, who did not have permission to be in the United States, in Jefferson Parish on or about October 10, 2019. PONCE-MATAMOROS was previously removed from the United States on March 17, 2017.
PONCE-MATAMOROS faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. Sentencing is scheduled for February 4, 2020.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney David Howard Sinkman is in charge of the prosecution.
Honduran Man Pleads Guilty to Being an Illegal Alien in Possession of a Firearm, Illegal Re-entry and Possession with Intent to Distribute CocaineRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that JOSE HUMBERTO DELSIB-MARTINEZ (hereinafter “Delsib), age 40, a native of Honduras, pleaded guilty on December 5, 2019 to a three-count superseding bill of information, which charged him with being an illegal alien in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(5)(A), illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a), and possession with the intent to distribute a quantity of cocaine hydrochloride, in violation of Title 21, United States Code, Section 841(a)(1).
According to documents filed in open court and signed by DELSIB, members of the Kenner Police Department Narcotics Section were conducting surveillance in connection with a drug trafficking complaint within the city of Kenner in the Eastern District of Louisiana. During surveillance, detectives observed DELSIB, the target of the investigation, travelling in his vehicle eastbound in the 600 block of 27th Street. Since the vehicle was observed to have illegally tinted windows, a traffic stop was conducted. DELSIB was advised of the ongoing narcotics investigation. The Kenner Police Detective spoke Spanish and was able to converse with DELSIB in that language. Thereafter DELSIB waived his rights and provided consent to search his vehicle. During the search, detectives located a clear plastic bag containing fourteen individually wrapped baggies of a white powdery substance wedged between the driver’s side floorboard and center console. A sample of the white powdery substance chemically field tested positive for the presence of cocaine, 8.1 grams. The powder- totaling 8.1 grams, was later tested in a laboratory and found to be cocaine hydrochloride.
DELSIB agreed to cooperate with the investigation and subsequently provided consent to search his residence, located at 2755 Albany St., Apartment D, Kenner, La. During a search of DELSIB’S bedroom, he directed detectives to a silver 9mm handgun that was later identified as a Lorcin Engineering Model L-9 bearing serial number L-121517, which had been shipped in interstate commerce, a large clear plastic bag containing a white powdery substance, and a black digital scale. All items were located within a large wooden floor speaker box. A sample of that white powdery substance chemically field tested positive for the presence of cocaine, 18 grams. The substance was later tested in a laboratory and found to be cocaine hydrochloride.
DELSIB provided detectives with a voluntary statement advising that all seized items belonged solely to him and he sold cocaine as a way to make extra money. He said that he used the black digital scale to weigh narcotics prior to sale and he used his vehicle as an aid in transport of the illegal narcotics.
DELSIB faces a maximum term of imprisonment of 10 years, a fine of $250,000, and three years of supervised release on all counts.
U.S. Attorney Strasser praised the work of the United States Immigration and Customs Enforcement, the Kenner Police Department, and the Jefferson Parish District Attorney’s Office in investigating this matter. Assistant United States Attorney Carter K.D. Guice, Jr. is in charge of the prosecution.
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Homestead Man Pleads Guilty to Distributing Heroin He Obtained from SCO Gang MemberRead the Press Release
PITTSBURGH, PA- A resident of Homestead, Pennsylvania, pleaded guilty in federal court to a charge of drug trafficking, United States Attorney Scott W. Brady announced today.
Thomas Dwyer, 42, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the Court was advised that that the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Dwyer admitted that he obtained heroin, which he then distributed, from James Wells. Wells, a SCO gang member, has already pleaded guilty in this case, admitting by way of his guilty plea that he was a heroin trafficker in and around the Braddock area.
Judge Schwab scheduled sentencing for May 11, 2020 at 10:00 AM. As to Dwyer, the law provides for a total sentence of not more than 20 years in prison, a fine not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Dwyer remains on bond pending the sentencing hearing.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies include the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Holiday travelers reminded not to attempt to illegally carry weapons aboard flightsRead the Press Release
AUGUSTA, GA: Air travelers planning to fly from Augusta, Savannah or Brunswick could receive an unwelcome reminder if they attempt to illegally carry a firearm on board.
As announced Thursday, Dec. 12, at Augusta Regional Airport, a new citation system from the FBI eliminates the free pass some travelers received when attempting to bring a firearm into the secured area of an airport, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The program applies to each commercial airport in the Southern District, including the Augusta Regional Airport, Savannah/Hilton Head International Airport, and the Brunswick Golden Isles Airport.
Previously, airport patrons with concealed carry permits who brought a firearm into an airport’s secured area have been allowed to exit the airport and return without the weapon. Now, after police serving the airport file a report of the incident, those patrons also will receive a citation from the FBI charging them with a federal misdemeanor and compelling them to appear in court, Christine said. The citation carries a penalty of $300 plus court fees.
The policy doesn’t change for patrons without permits who bring a firearm into the airport’s secured area; those individuals will be arrested and charged by local police with carrying a concealed weapon. In all of those cases, the Transportation Security Administration also assesses substantial civil penalties.
“Legal possession of firearms in accordance with the law will be defended by the U.S. Attorney’s Office,” Christine said. “We hope the announcement of this tougher policy will remind honest travelers during the busy holiday season, and beyond, that federal law prohibits travelers from bringing a firearm into any airport’s secured area.”
“The FBI investigates crimes that occur aboard aircraft and that is why we take this matter very seriously,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The task is simple: Before traveling, check your bags before leaving home so you can arrive safely and on time for your holiday plans.”
Marshal Ramone Lamkin, whose office is responsible for policing the Augusta airport, stated, “We want everyone to have a safe and enjoyable holiday season. I encourage all gun owners who intend to travel through our airport to vigorously inspect their bags prior to arrival, as many gun owners forget they are carrying firearms in their personal bags. This can lead to serious, but avoidable, legal consequences.”
Glynn County Police Chief John Powell, whose agency provides law enforcement at the Brunswick/Golden Isles Airport, said, “We appreciate the U.S. Attorney’s proactive approach to working with federal, state and local agencies to protect the rights of legal gun owners while ensuring the safety of air travelers.”
Governor of Tipton County Gangster Disciples Sentenced to 10 Years for RICO ConspiracyRead the Press Release
Memphis, TN – Robert Elliott Jones, 39, a/k/a/ "Lil Rob," a/k/a/ "Mac Rob" has been sentenced to 120 months in federal prison on conspiracy to participate in a racketeering enterprise. U.S. Attorney D. Michael Dunavant announced the guilty plea today.
According to the superseding indictment, the Gangster Disciples is a highly-organized criminal street gang with nationwide reach. In addition to Tennessee, the gang reportedly operates in more than 35 states. The Gangster Disciples were organized into different positions, including board members, and governor-of-governors who each controlled geographic regions; governors, assistant governors, chief enforcers and chief of security for each state or regions within the state where the Gangster Disciples were active; and coordinators and leaders within each local group.
During the change of plea hearing on July 25, 2019, Jones admitted that he was the Governor of Section 4, which covers Tipton County, TN, including Covington. The superseding indictment that Jones entered a guilty plea to indicates that as Governor over a region he was responsible for supervising the criminal activities of the members and associates of the Gangster Disciples enterprise; issuing orders to kill rival gang members and subordinate gang members who he believed had violated Gangster Disciple rules of conduct; and presiding over Gangster Disciple meetings where criminal activity was discussed, proceeds were collected and beatings of fellow gang members were administered.
Jones was among a total of 16 leaders and members of the Gangster Disciples criminal street gang originally indicted in 2016 in "Operation .38 Special" for federal racketeering offenses, including conspiracy to commit attempted murders; robberies; assaults; distribution of large quantities of heroin; cocaine and marijuana; firearms trafficking; kidnappings; intimidation of witnesses and victims; extortion; obstruction of justice; and other offenses in furtherance of the Gangster Disciples enterprise and to raise funds for the gang.
The superseding indictment further alleged that Jones declared Covington, TN as "GD Land" and issued a green light to a subordinate gang member to kill rival gang members in Covington, TN.; he issued an order to kill a subordinate gang member whom the Gangster Disciples believed had cooperated with law enforcement; and sent a photograph of the Treasurer of Section Four who stole $2300 from the Regional Enforcer for the State of Tennessee who was "looking for all money stealers".
On December 11, 2019, U.S. District Court Judge John T. Fowlkes, Jr., sentenced Jones to 120 months in federal prison followed by 3 years of supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Despite Lil Rob’s declaration, Covington is not and will not be ‘GD Land.’ We are fighting to reclaim our cities, towns, and neighborhoods from the gangs, and are effectively dismantling their leadership and influence. Lil Rob will now serve big time for his violence and racketeering that has terrorized Tipton County, and the citizens are safer for it."
This prosecution was brought as part of the Justice Department’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations, and to diminish the violence and other criminal activity associated with the drug trade. 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, money laundering, and violent organizations.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Tennessee Bureau of Investigations, Jackson Police Department Gang Enforcement Team, Memphis Police Department, Shelby County Sheriff’s Office, 28th District West Tennessee Drug Task Force, 26th, 25th, and 30th Judicial District Attorney’s General Offices, Sheriff’s Offices for Tipton, DeSoto, Madison and Fayette Counties, Police Departments of Bartlett, Germantown and Columbia, TN.
Assistant U.S. Attorneys Beth C. Boswell and Annie Christoff of the Western District of Tennessee and Trial Attorney Shauna Hale of the Criminal Division Organized Crime and Gang Section prosecuted this case on behalf of the government.
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Georgia woman sentenced for stealing Social Security benefitsRead the Press Release
ATLANTA - Linda A. Nickolson has been sentenced for stealing over $150,000 in Social Security disability benefits that were intended for her deceased husband.
“The money this defendant stole was intended for disabled people who cannot work,” said U.S. Attorney Byung J. “BJay” Pak. “Nickolson was able-bodied but chose not to work, and instead supported herself by stealing from the government. Social Security benefit theft is not a victimless crime; it harms everyone who has paid into the Social Security system.”
“This sentence is a warning to those who may conceal a death from Social Security and continue to use those benefits. This is a Federal crime, one that we will vigorously pursue on behalf of all taxpayers,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I want to thank the U.S. Attorney’s Office for bringing this individual to justice and recovering these funds for Social Security.”
According to U.S. Attorney Pak, the charges and other information presented in court: Nickolson’s husband died in October 2009. Rather than report his death to the Social Security Administration (“SSA”), she continued to receive his monthly Social Security disability benefits and spent the money on herself. Her family members repeatedly told her that she needed to notify the SSA that her husband had died and that she could go to jail if she spent the benefit monies. Nickolson chose to ignore this advice. When she was finally confronted by the SSA, she lied and claimed that she thought she was entitled to receive her husband's disability benefits because she was his next of kin. In total, Nickolson received $159,243 in Social Security money that she was not entitled to receive.
Linda A. Nickolson, 57, of Douglasville, Georgia, has been sentenced to one year and one day in prison to be followed by two years of supervised release, ordered to pay a special assessment of $100, and pay restitution of $159,243. Nickolson was convicted on these charges on September 4, 2019, after she pleaded guilty.
The Social Security Administration - Office of the Inspector General investigated this case.
Special Assistant U.S. Attorney Diane C. Schulman prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Four Defendants Headed to Prison in Project Safe Childhood CasesRead the Press Release
As part of the Project Safe Childhood initiative, four men pleaded guilty or were sentenced this week in U.S. District Court, announced U.S. Attorney Trent Shores.
The initiative combats the growing epidemic of child sexual exploitation and abuse and was launched in May 2006 by the Department of Justice.
“The Project Safe Childhood initiative unites law enforcement and U.S. Attorney’s Offices in common cause- to pursue justice for child victims,” said U.S. Attorney Trent Shores. “Whether coercion and enticement of a minor, production or possession of child pornography, or failure to register as a sex offender, we will work doggedly to hold accountable these predatory criminals.”
Brian Douglas Cook, 29, of Claremore, was sentenced Dec. 12, 2019, for possession of child pornography. U.S. District Judge Claire V. Eagan sentenced Cook to 24 months in federal prison followed by five years of supervised release. Judge Eagan further ordered Cook to pay $9,000 in restitution and $5,100 in special monetary assessments. Cook pleaded guilty on July 21, 2019. In his written plea agreement, he admitted that he possessed more than 600 images of child pornography at his residence in Claremore. He further stated that he accessed the images knowing the images involved minors, some under 12-years-old, engaging in sexually explicit conduct. FBI conducted the investigation. Assistant U.S. Attorney Shannon Cozzoni prosecuted the case.
Casey Adam Parker, 39, of Afton, pleaded guilty Dec. 11, 2019, to attempted receipt of child pornography. On July 2, 2019, Parker used a social media app to engage with an individual he believed to be a minor. In actuality, he was speaking to a law enforcement officer. Parker knowingly attempted to persuade the minor to engage in sexual activity and to send him sexually explicit pictures. Parker was arrested July 2, as part of Operation Independence Day, a month-long operation led by the FBI to apprehend child predators and recover victims of child exploitation and sex trafficking. U.S. District Judge Claire V. Eagan scheduled sentencing for March 12, 2020. The Tulsa Police Department and FBI conducted the investigation. Assistant U.S. Attorney Richard M. Cella is prosecuting the case.
Kacey J. Hamilton, 28, of Tulsa, aka Brandon Bickford, pleaded guilty Dec. 11, 2019, to failure to register as a sex offender. Hamilton resided in Oklahoma since August 2018, and knowingly failed to register and update his registration as a sex offender. U.S. District Judge Gregory K. Frizzell scheduled sentencing for March 10, 2020. The Tulsa Police Department and U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case.
Bryan Michael Spidell, 30, of Phoenix, Arizona, pleaded guilty Dec. 9, 2019, to failure to register as a sex offender. Spidell entered and resided in Indian Country, specifically Cherokee Heights, and knowingly failed to register as a sex offender. U.S. District Judge Claire V. Eagan scheduled sentencing for March. 10, 2020. The Cherokee Nation Marshal Service, FBI and U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Scott Proctor is prosecuting the case.
Led by United States Attorney’s 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.
Fort Thompson Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Domestic Assault by an Habitual Offender.
Charles Grey Owl, a/k/a Raymond Keith Grey Owl, age 49, was indicted on December 10, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 11, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 30, 2019, Grey Owl unlawfully committed domestic assault upon his intimate partner, when at the time he had at least two separate prior final convictions for domestic assault. The Indictment further alleges that Grey Owl committed the assault with a dangerous weapon, that is shod feet, with the intent to do bodily harm.
The charges are merely accusations and Grey Owl is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Grey Owl was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.