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29 January 2020
Two Men Plead Guilty for Roles in Transnational Heroin Trafficking OperationRead the Press Release
TULSA, Okla. – Two men have pleaded guilty in January for their roles in a heroin trafficking operation with ties to Mexico’s New Generation Cartel, announced U.S. Attorney Trent Shores.
The two were among 29 individuals indicted for drug conspiracy and other crimes. U.S. Attorney Trent Shores announced the indictment at a press conference held in May 2019. The investigation was given the name Operation Smack Dragon.
“The heroin in this case was trafficked from Mexico to Oklahoma by a criminal organization with no respect for our laws or borders. They profit from American addiction. Hartzell and Adams willingly took part in the conspiracy with little regard for the communities they harmed,” said U.S. Attorney Trent Shores. “I am thankful for the collective efforts of the Drug Enforcement Administration, Homeland Security Investigations, and Assistant U.S. Attorney Joel-lyn McCormick.”
Devin Hartzell, 25, of Catoosa, pleaded guilty Jan. 15 to drug conspiracy. In his written plea, Hartzell stated that he conspired with others to possess with intent to distribute and to distribute heroin beginning in January 2018 and continuing until June 2019. During that time, he admitted to purchasing up to one kilogram of heroin multiple times a week from Jose Garcia and Edson Garcia-Velasquez. He would then redistribute the heroin to third parties who redistributed the drug to others.
Marquis Adams, 30, pleaded guilty to drug conspiracy on Jan. 29. In his written plea agreement, Adams, admitted that he conspired with others to possess with intent to distribute and to distribute heroin from January 2018 to June 2019. Adams stated that he purchased 3.5 grams of heroin roughly every day from Devin Hartzell. He then redistributed the heroin to third parties.
According to the May 2019 Indictment, the alleged transnational criminal organization’s hierarchy had clearly defined roles, as leaders from Mexico supplied heroin to the Tulsa “cell heads.” These “cell heads” were originally from Mexico but lived in Tulsa. Stille Giovanni Gutierrez Vivanco, allegedly directed, from Mexico, the overall drug trafficking operations in Tulsa by delegating responsibilities for the import and distribution of the heroin and for the movement of the proceeds from heroin sales. According to the Indictment, the criminal organization smuggled heroin into the United States and transported the drug to storage locations in Tulsa where they prepared it for distribution throughout the United States. After preparing the heroin, the coconspirators would repackage it for distribution to mid-level distributers, who would then redistribute it to street-level dealers until it eventually found its way into the hands of customers.
The Drug Enforcement Administration and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations led the investigation in partnership with the U.S. Department of Treasury, Internal Revenue Service- Criminal Investigation; the Oklahoma State Attorney General’s Office; and Tulsa Police Department. Assistant U.S. Attorney Joel-lyn McCormick is prosecuting this case. AUSA McCormick is the Lead Attorney for the Organized Crime Drug Enforcement Task Force Unit for the Northern District of Oklahoma.
You can find the May 2019 Indictment announcement here
Two Men Charged with Conspiracy to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – Two men were charged today in federal court in Boston in connection with selling approximately 40,000 fentanyl pills.
Jose Esmerlin Diaz, 36, of Salem, and Manuel E. Tejeda, 39, of Peabody, were charged with conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. Both are scheduled to appear in federal court in Boston on Friday, Jan. 31, 2020.
According to charging documents, Diaz delivered an estimated 13,800 fentanyl pills (weighing approximately 1.6 kilograms) disguised as Percocet 30s to a cooperating source on Jan. 17, 2020, at a price of $6 per pill. Shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 27,000 fentanyl pills (weighing approximately 3.1 kilograms). A subsequent search of a storage unit used by Tejeda in Salem resulted in the discovery of approximately two kilograms of suspected fentanyl and/or heroin, $150,000 in cash and an industrial/commercial grade pill press that could be used to press powder-form opiates into pills. Keys located on Tejeda at the time of his arrest opened locks to the storage unit.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a minimum of 10 years and up to life in prison, at least five years and up to life of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Baltimore Men Convicted After Three-Week Federal Trial for Witness Retaliation and Tampering Resulting in the Murder of a Baltimore WomanRead the Press Release
Baltimore, Maryland - A federal jury in Baltimore, today convicted Davon Carter, age 39, and Clifton Mosley, age 41, both of Baltimore, for two counts of conspiracy to murder a witness and one count each of witness retaliation murder and witness tampering murder, related to the murder of Latrina Ashburne, age 41, on May 27, 2016. Carter was also convicted of a federal narcotics conspiracy charge, two counts of using a cellular telephone to facilitate the commission of a felony, and possession with intent to distribute marijuana. Mosley was also convicted of distribution of marijuana.
The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of Inspector General; Chief Melissa R. Hyatt of the Baltimore County Police Department; Commissioner Michael Harrison of the Baltimore Police Department; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation; and Acting Special Agent in Charge Toni Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
“Justice was done today for the senseless murder of Latrina Ashburne. We do not tolerate witness tampering, intimidation, or retaliation—period,” said U.S. Attorney Robert K. Hur. “In a tragic turn of events, Carter and Mosley’s efforts to silence a witness resulted in the death of a woman who had absolutely nothing to do with the defendants. These two defendants now face mandatory life sentences in federal prison. Let this serve as a warning to anyone who might consider making the foolish choice to murder a witness.”
“These defendants targeted a person they thought was responsible for blowing the whistle,” said FBI Special Agent in Charge Jennifer Boone. “The victim was an innocent bystander who lost her life because the defendants chose to take violent steps to protect a criminal. The FBI seeks justice for all Americans and will not stand by while people like these defendants throw morality aside to prevent witnesses from communicating with law enforcement.”
According to the evidence presented at their three-week trial, Carter and Mosley conspired to kill a witness who had provided information to law enforcement about a good friend of Carter’s, Matthew Hightower. In June 2015, Hightower was charged federally in a health care fraud scheme. While on release in the health care fraud case, the federal grand jury began investigating crimes of violence for which Hightower was implicated, including the murder of David Wutoh. In July or August 2015, Hightower learned the identity of the health care fraud whistleblower (the witness) who also had incriminating information against him relating to the Wutoh murder. Contrary to his release conditions, he began communicating with witnesses who had been in the grand jury. All the while, Carter and Mosley remained in frequent and regular contact with Hightower.
On April 19, 2016, the grand jury returned a sealed superseding indictment against Hightower charging both Hightower and Harry Crawford and with extortion and using interstate facilities for extortion resulting in the death (murder) of David Wutoh. Ten days later, the government filed a motion requesting revocation of Hightower’s release conditions based on the new charges and his prohibited contact with grand jury witnesses. The motion was granted on May 4, 2016 and Hightower was detained. Hightower was ultimately convicted of extortion resulting in Wutoh’s murder by a federal jury on September 22, 2016, after a seven-day trial and was sentenced to 380 months in federal prison.
While Hightower was detained, Carter assumed responsibility for Hightower’s marijuana distribution business, and engaged in direct communications with the source of supply. Carter also collected money and ran other errands for Hightower.
The evidence showed that on May 27, 2016, Ms. Ashburne was murdered in the early morning as she got into her car outside the home she shared with her mother in the 2900 block of Rosalind Avenue in Baltimore’s Cylburn neighborhood. The police reported that an unknown male approached and shot Ms. Ashburne in the upper body as she tried to run. She was not robbed. At the time, the police also released a video they said showed the suspect running away from the scene.
The witness lived next door to Ms. Ashburne. The witness contacted law enforcement to report the murder and that she believed she was the intended target. The investigation showed that Mosley’s phone was in the area at the time of the murder and in contact with Carter’s phone. In addition, a vehicles owned by the mother of Carter’s girlfriend and by Hightower were captured on surveillance video driving slowly through the area as if the driver were looking for someone. The evidence at trial established that Carter and Mosley each drove one of the vehicles.
Carter and Mosley each face a mandatory sentence of life in prison for each of the two conspiracy counts and for the witness retaliation and witness tampering murder charges. Carter faces a maximum penalty of ten years in prison for possession with intent to distribute marijuana, and for the narcotics conspiracy, and faces a maximum of eight years in prison for each of the two counts of using a cellular telephone to facilitate the commission of a felony. Mosley also faces a maximum of five years in prison for distribution of marijuana. U.S. District Judge George J. Hazel has scheduled sentencing for May 11, 2020 at 10 a.m. for Mosley and at 11 a.m. for Carter.
United States Attorney Robert K. Hur commended the HHS-OIG, the FBI, the Baltimore County Police Department, the Baltimore Police Department, and the ATF for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Sandra Wilkinson and Kimberly Oldham, who are prosecuting the case and also thanked Assistant U.S. Attorneys Judson T. Mihok and Aaron Zelinsky, who prosecuted the Hightower case, for their assistance.
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Trump Administration Launches Presidential Task Force on Missing and Murdered American Indians and Alaska NativesRead the Press Release
The Department of Justice, the Department of the Interior and the Department of Health and Human Services today held the first meeting of a White House task force to address the incidence of missing and murdered American Indians and Alaska Natives. The task force, co-chaired by Attorney General Barr and Secretary of the Interior Bernhardt, is composed of federal officials charged with enhancing the criminal justice response, consulting with tribal governments on potential solutions, and empowering native communities with information.
“The disappearance and death of American Indian and Alaska Native people, particularly women and girls, is an especially tragic chapter in a long story of marginalization and trauma suffered by native people,” said Attorney General William P. Barr. “We are committed to addressing this challenge, to reducing the violence and protecting the vulnerable from exploitation and abuse. The task force is eager to get to work to address the issues that underlie this terrible problem, and work with our tribal partners to find solutions, raise awareness, and bring answers and justice to the grieving.”
“President Trump is committed to addressing systemic challenges in Indian Country, and this task force will develop and implement an aggressive, government-wide strategy to combat the crisis of missing and murdered American Indians and Alaska Natives,” said Secretary of the Interior David Bernhardt. “By working together and listening to impacted citizens and tribal communities, we intend to tackle these complex issues.”
“I am grateful that President Trump has made it a priority to tackle the tragic issue of missing and murdered American Indians and Alaska Natives,” said Health and Human Services Secretary Alex Azar. “Native Americans deserve safety and security in their communities, and HHS has a vital role in helping by providing culturally appropriate prevention and trauma informed services to victims and their families. I am committed to working in partnership with President Trump, Attorney General Barr, Secretary Bernhardt, and tribal leaders and members to make a positive impact on this important challenge.”
American Indians and Alaska Natives experience disproportionately high rates of violence. President Trump has called the crisis of missing and murdered Native Americans “sobering and heartbreaking.” The task force, designated Operation Lady Justice, has been empowered to review Indian Country cold cases, to strengthen law enforcement protocols, and work with tribes to improve investigations, information sharing and a more seamless response to missing persons investigations. Specifically, it will:
- Consult with tribal governments on the scope and nature of the problem; the task force will hold regional consultations and listening sessions at several locations around the country the task force will also host a listening session at the National Congress of American Indians’ Executive Council Winter Session in Washington, D.C. on Feb. 12.
- Develop model protocols and procedures for addressing both new and unsolved cases of missing and murdered persons in tribal communities;
- Establish a multi-disciplinary, multi-jurisdictional team, which will include tribal law enforcement, to review cold cases;
- Address issues related to roles, authorities and jurisdiction among tribal, local, state and federal agencies; and
- Develop and execute a public awareness, education and outreach campaign for affected communities.
The members of the task force are:
- Katharine Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs, designee for the Attorney General;
- Tara Sweeney, Assistant Secretary for Indian Affairs, designee for the Secretary of the Interior;
- Terry Wade, Executive Assistant Director, Criminal, Cyber, Response and Services Branch, Federal Bureau of Investigation;
- Laura Rogers, Acting Director, Office on Violence Against Women;
- Charles Addington, Deputy Bureau Director, Bureau of Indian Affairs, Office of Justice Services;
- Trent Shores, U.S. Attorney for the Northern District of Oklahoma and Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee; and
- Jean Hovland, Deputy Assistant Secretary for Native American Affairs and Commissioner, Administration for Native Americans, Department of Health and Human Services.
In accordance with the President’s Executive Order, Attorney General Barr designated Marcia Good of the Department of Justice, to serve as Executive Director of the task force, which will present a progress report to the President by Nov. 26, 2020, and a final report detailing its activities and accomplishments by Nov. 26, 2021.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of the Department of Justice at www.Justice.gov/Celebrating150Years. 2020 also marks 171st anniversary of the Department of the Interior. Learn more about the history of DOI at www.doi.gov/history/.
Truck driver sentenced to 17 years in prison for traveling to Atlanta to engage in sex acts with a childRead the Press Release
ATLANTA – Seth Weidemann has been sentenced for traveling to Atlanta to engage in sex acts with a person he believed to be an 11-year-old girl.
“Weidemann used the internet with the hope of exploiting a vulnerable child for his sexual gratification,” said U.S. Attorney Byung J. “BJay” Pak. “This case highlights a recurring problem. It is all too easy for predators to access children through various means over the internet. We encourage parents to monitor what their children are doing online and who is in contact with them.”
“The lengths predators like Weidemann are willing to go to take advantage of a young child is frightening,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “But our warning to predators is that the FBI is determined to go to greater lengths to protect our most vulnerable citizens from those who would do them harm.”
According to U.S. Attorney Pak, the charges and other information presented in court: On January 16, 2019, Seth Weidemann began communicating online with an undercover agent. Over the next month, Weidemann exchanged multiple messages with the agent in an effort to meet for sex with a person he believed to be an 11-year-old girl. At one point during the conversation, Weidemann believed he was talking directly to the 11-year-old girl. During the chats, Weidemann described the sex acts he intended to do to the child. On February 14, 2019, Weidemann traveled to the metro-Atlanta area for a planned meeting with the child. FBI agents immediately arrested him upon his arrival.
Seth Weidemann, 27, of Thorn Hill, Tennessee, was sentenced by U.S. District Judge Eleanor L. Ross to 17 years in prison to be followed by 10 years of supervised release. Weidemann had been convicted on October 16, 2019, after he pleaded guilty to one count of attempted coercion and enticement of a minor.
The FBI investigated this case.
Assistant U.S. Attorneys Jennifer Keen and Leanne Marek, and Emory Law School Extern Natalie Baber prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Rockford-Area Residents Arrested on Drug and Conspiracy ChargesRead the Press Release
ROCKFORD — Three Rockford-area residents were arrested today by federal and local law enforcement officers on drug-trafficking charges.
ANTOWAN S. LAMBERT, also known as “Twan,” 42, of Rockton, and JESSE M. LEAVY, also known as “Lil Jesse” and “Lil Head,” 35, of Rockford, were arrested on charges of conspiracy to distribute cocaine and cocaine base, or “crack,” and multiple counts of distribution of cocaine or crack. An indictment returned last week in federal court charged both men with a conspiracy to distribute cocaine and cocaine base from June through October 2019. In a separate but related case, SAMMY R. GORDON, JR., also known as “Sosa,” 31, of Rockford, was charged by federal criminal complaint with distributing fentanyl and heroin in Rockford.
Law enforcement today also executed court-authorized search warrants at multiple locations in Rockford. During the searches, authorities recovered ten handguns, approximately $30,000, more than 100 grams of crack, approximately 90 grams of heroin, and more than 4.5 kilograms of marijuana.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Robert J. Bell, Special Agent in Charge of the Chicago Office of the U.S. Drug Enforcement Administration; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; Dan O’Shea, Rockford Police Chief; Gary Caruana, Winnebago County Sheriff; Brendan F. Kelly, Director of the Illinois State Police; and Kathy A. Enstrom, Special Agent-in-Charge of the Chicago Office of the IRS–Criminal Investigation Division. The government is represented by Assistant U.S. Attorneys Talia Bucci and Vincenza Tomlinson.
Lambert, Leavy, and Gordon, Jr., appeared today before U.S. Magistrate Judge Lisa A. Jensen in federal court in Rockford. They pleaded not guilty and will remain in custody pending detention hearings. The detention hearings for Leavy and Gordon, Jr. are scheduled for Feb. 3, 2020, and for Lambert on Feb. 4, 2020.
The public is reminded that a complaint or an indictment contains only charges and is not evidence of guilt. Each defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each count against Lambert and Leavy carries a maximum sentence of 20 years in prison. The count against Gordon, Jr. carries a five-year mandatory minimum and a maximum of 40 years’ imprisonment. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Three Administrators of Philippine Church Arrested in Immigration Fraud Case Related to Workers Brought to U.S. to FundraiseRead the Press Release
LOS ANGELES – Federal authorities this morning arrested three top administrators of a Philippines-based church on federal charges of participating in an immigration fraud scheme that brought church members to the United States to work as fundraisers, and then arranged sham marriages and other illegal mechanisms to keep high-performing workers in the country.
A federal criminal complaint alleges that representatives of the church the Kingdom of Jesus Christ, The Name Above Every Name (KOJC) obtained visas for church members to enter the U.S. by claiming, for example, they would be performing at musical events. But, once the church members arrived in the United States, they were required to surrender their passports and work long hours as “FTWs” (full-time workers, who were also called “miracle workers”), who solicited donations for a church non-profit called the Children’s Joy Foundation USA (CJF). While the workers raised funds by telling donors their money would benefit impoverished children in the Philippines, the complaint alleges that most or all of the money raised was used to finance KOJC operations and the church leader’s lavish lifestyle.
The criminal complaint charges three defendants who are described as the main administrators of KOJC in the United States. They are:
- Guia Cabactulan, 59, the top KOJC official in the United States who maintained direct communication with KOJC leadership in the Philippines;
- Marissa Duenas, 41, who allegedly handled fraudulent immigration documents for KOJC workers and secured the passports immediately after workers entered the U.S.; and
- Amanda Estopare, 48, who allegedly handled the financial aspects of the KOJC enterprise, including enforcing fundraising quotas for KOJC workers.
Cabactulan and Duenas were arrested this morning at a KOJC compound in Van Nuys, where they lived. They are expected to make their initial court appearances this afternoon in United States District Court in Santa Ana. Estopare was arrested in Virginia.
In conjunction with this morning’s arrests, federal agents executed search warrants at the KOJC compound in Van Nuys, the CJF office in Glendale, and three other locations in the Los Angeles area. Searches were also conducted at two locations linked to KOJC in Hawaii, and agents fanned out across the United States to interview witnesses as part of a larger investigation into the organization.
The criminal complaint that led to this morning’s arrests charges the three defendants with conspiracy to commit immigration fraud. A 42-page affidavit in support of the complaint outlines a years-long scheme to bring FTWs to the United States under false pretenses and to make arrangements for productive fundraisers – known as “Assets” – to remain in the country by forcing them to marry other KOJC members who were U.S. citizens, or to obtain student visas and enroll FTWs in schools with lenient attendance policies. Over the past 20 years, according to immigration records summarized in the affidavit, there were 82 marriages involving KOJC administrators and FTWs.
The affidavit alleges that the immigration fraud scheme provided KOJC with workers to participate in widespread efforts to solicit donations with false claims that donors’ money would be used for the benefit of poor children in the Philippines. KOJC allegedly established daily cash solicitation quotas for FTWs, and if these quotas were not met, workers suffered abuse, according to victims who have fled KOJC and provided information to the FBI.
“[B]ank records show that KOJC accounts received approximately $20 million in cash deposits from 2014 through mid-2019,…[and] most of these funds appear to derive from street-level solicitation,” according to the affidavit, which notes that “little to no money solicited appears to benefit impoverished or in-need children.”
The affidavit summarizes the experiences of a series of victims who fled KOJC and provided information to the FBI over the past several years. Some of the victims described being sent across the U.S. to solicit donations, working long hours to reach their daily quotas, receiving little to no pay for their efforts, and participating in sending large sums of cash back to the Philippines on commercial and private flights.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The charge of conspiracy to commit immigration fraud carries a statutory maximum penalty of five years in federal prison.
The FBI has established a toll-free phone number for potential victims or anyone with information about KOJC activities to provide information. The information line is 1-800-CALL FBI (1-800-225-5324), and it will be staffed by English- and Tagalog-speaking personnel. Individuals may also contact the FBI through its website at https://www.fbi.gov/tips.
The ongoing investigation into KOJC is being led by the FBI, which is receiving substantial assistance from Homeland Security Investigations, U.S. Citizenship and Immigration Service’s Fraud Detection and National Security Unit, the U.S. Department of State’s Diplomatic Security Service, and IRS Criminal Investigation.
This matter is being prosecuted by Assistant United States Attorneys Daniel Ahn and Jake Nare of the Santa Ana Branch Office.
Staten Island Businessman Operating in Bucks County Convicted of Tobacco SmugglingRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Ramzi Al Najar, 43, of Staten Island, New York, was convicted of tobacco smuggling after a week-long jury trial presided over by United States District Court Judge Petrese B. Tucker.
The defendant operated Capital Trade, Inc., a tobacco wholesaler based in Bristol, Pennsylvania. During the charged conduct, Al Najar and his associates transported almost $40 million worth of tobacco from Pennsylvania to New York, while failing to pay millions of dollars in New York state excise taxes on that tobacco. In order to hide his scheme, the defendant and his associates created false invoices and filed false documents with Pennsylvania and New York regulators which substantially underreported the amount of tobacco sold. Al Najar also failed to register and report as an interstate seller of smokeless tobacco as required by the Prevent All Cigarette Smuggling Act (PACT Act).
“Tobacco is a product that poses serious health risks, and therefore it is heavily regulated by the government,” said U.S. Attorney McSwain. “Here, the defendant attempted to skirt the system and cheat everyone who pays taxes on tobacco products. The defendant has to play by the rules, just like everyone else, or suffer the consequences. My Office will continue to work with our partners at the federal, state, and local levels to investigate and prosecute this type of fraud.”
“This jury verdict sends a clear message that the illegal interstate diversion of tobacco products will not be tolerated,” said William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations (HSI) Philadelphia. “Smuggling tobacco in order to evade taxes costs state and local jurisdictions millions of dollars per year. Utilizing our unique customs and law enforcement authorities, HSI is positioned to target and investigate these types of crimes. Our special agents will continue tracking down criminals like Mr. Al Najar and his co-conspirators along with our law enforcement partners so they can be held accountable for their crimes.”
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, the Food and Drug Administration, Office of Criminal Investigation, and the Pennsylvania Attorney General’s Office, Criminal Division, with assistance from: the Bureau of Alcohol, Tobacco, Firearms, & Explosives, the New York State Department of Tax and Finance, Criminal Investigations Division, the Bronx, New York District Attorney's Office, and the Pennsylvania Department of Revenue, Criminal Investigation Division. The case was prosecuted by Assistant United States Attorneys Robert J. Livermore and Frank A. Weber.
Sioux City Couple to Federal Prison for Meth ConspiracyRead the Press Release
A man and woman who conspired to distribute methamphetamine were each sentenced to more than 5 years in federal prison.
Adam Holbrook, 34, and Stephanie Holbrook, 33, from Sioux City, Iowa, received the prison terms after a September 23, 2019, and October 16, 2019, guilty pleas to conspiracy to distribute methamphetamine and distribution of methamphetamine.
At their respective plea hearings, both admitted that from about September 2018 through April 2019, they and others conspired to distribute more than three pounds of methamphetamine in Woodbury County, Iowa area. On four separate occasions they distributed nearly one pound of pure methamphetamine (in total) to an individual cooperating with law enforcement. Then on April 17, 2019, after Adam Holbrook helped arrange for a half-pound pound methamphetamine transaction, Stephanie Holbrook was caught with nearly a half-pound of pure methamphetamine.
Each were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Adam Holbrook was sentenced to 61 months’ imprisonment. Stephanie Holbrook was sentenced to 90 months’ imprisonment. They each must also serve a 3-year term of supervised release after their prison terms. There is no parole in the federal system. Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4029. Follow us on Twitter @USAO_NDIA.
Shreveport Man Sentenced to 10+ Years in Federal Prison for Possession of Methamphetamine with Intent to DistributeRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that Jason Matthew Porterfield, 37, of Shreveport, was sentenced today, by U.S. District Judge Elizabeth E. Foote, to serve 130 months in federal prison and five years of supervised release for possession with intent to distribute methamphetamine. Porterfield pleaded guilty on May 22, 2019.
During surveillance of an ongoing narcotics investigation at a Shreveport hotel on Interstate Drive, law enforcement officers encountered Porterfield on March 18, 2019, as he was exiting the hotel. Porterfield consented to a search of his hotel room where officers found approximately 112 grams of methamphetamine packaged in various quantities, packaging materials, digital scales, a drug ledger, and $3,831 in cash. Agents also found one gram of marijuana and 249 Xanax pills, along with other drug paraphernalia.
Porterfield admitted that he had been selling methamphetamine and Xanax for about six months. He told officers that he sells methamphetamine to about eight different people and Xanax to three or four different people.
The U.S. Drug Enforcement Administration (DEA) and the Caddo Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick prosecuted the case.
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Shoplifting Leads to a Federal Prison Sentence for Illegally Possessing a GunRead the Press Release
A Vinton man was sentenced today to seven years in federal prison.
Anthony Hill, age 29, from Vinton, Iowa, received the prison term after an October 17, 2019 guilty plea to possession of a firearm by a prohibited person. Hill admitted to being a methamphetamine user and convicted felon when in possession of a gun. Hill had a prior felony conviction involving the manufacture of methamphetamine.
Information in earlier court filings showed that during September 2019, Hill was seen shoplifting at a store and hiding the items in a bag in the parking lot. Police recovered the bag and found a handgun with an obliterated serial number inside. Hill was located getting into a car and a short chase followed. After Hill’s arrest, he admitted using methamphetamine earlier in the day. Hill was previously convicted of multiple felony offenses related to manufacturing methamphetamine in a single state case in 2011. Previous court filings showed officers also had evidence to suggest Hill was also involved in the distribution of methamphetamine.
Hill was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hill was sentenced to 84 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support its Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
Hill is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-00097.
Follow us on Twitter @USAO_NDIA.
Self-Proclaimed “Professor of Pot” Sentenced to over 15 Years in Prison for Federal Marijuana-Trafficking ConvictionsRead the Press Release
Daniel Trevino manufactured and distributed marijuana throughout Michigan for years in violation of federal drug laws
GRAND RAPIDS, MICHIGAN - U.S. Attorney Andrew Birge announced today that Daniel Dario Trevino, 48, of Lansing, Michigan, was sentenced to serve 188 months in the Federal Bureau of Prisons for each of the following counts of conviction: conspiring to manufacture and distribute 100 kilograms of marijuana or 100 marijuana plants, maintaining a drug-involved premises (5 counts), and manufacture of 100 marijuana plants or more. Trevino was also sentenced to serve 60 months for two counts of manufacturing marijuana, and for one count of possession with intent to distribute marijuana. He will serve the prison terms concurrently. U.S. District Judge Paul L. Maloney also imposed a $10,000 fine and a 4-year period of supervised release.
In sentencing Trevino, Judge Maloney stated that despite recent legislative amendments regarding other controlled substances under federal drug laws, “the fact is: marijuana is still a schedule I controlled substance under federal law.” Judge Maloney described Trevino’s offense conduct as defiant, especially after federal law enforcement agencies executed search warrants at various locations in May 2016.
“As noted by Judge Maloney, marijuana remains illegal under federal law,” said U.S. Attorney Birge. “Trevino’s conduct not only violated federal law, but it also made a mockery of the state laws of Michigan. Trevino had ample opportunity to realize the illegal nature of his business, both under federal and state law, given the number of times his operations were searched. He would not stop,” stated Birge.
In August 2019, after a four-day trial, a jury convicted Trevino on ten federal marijuana trafficking-related charges. The federal convictions and prison term resulted from Trevino’s operation of marijuana dispensaries across the state of Michigan. Trevino was the owner of Hydro World, a marijuana dispensary that operated with storefronts in Lansing, Grand Rapids, Jackson, Mount Pleasant, and Flint between 2010 and 2017. Trevino’s Hydro World operated far outside the boundaries of not only federal law but also the Michigan Medical Marijuana Act. Trevino had prior felony drug convictions involving cocaine and marijuana. As a previously convicted drug felon, Trevino was only qualified to cultivate and possess limited amounts of marijuana under state law (but not federal law). Instead, Trevino cultivated thousands of marijuana plants and sold hundreds of kilograms of processed marijuana, generating gross sales close to $3 million.
Trevino’s Hydro World also provided a delivery service, where customers could call Hydro World in either Lansing or Jackson and have marijuana delivered to them at a place of their choosing. Trevino also leased space at his storefronts for other growers to sell marijuana, effectively creating a marijuana farmers’ market. Trevino’s storefronts and grow locations were searched by law enforcement at least sixteen times between 2010 and 2016. Despite these searches placing him on notice his conduct was illegal, Trevino always resumed his illegal operations shortly after each search and law enforcement interaction.
Trevino is the last defendant to be sentenced in this marijuana trafficking conspiracy. The Court previously sentenced co-defendants Daniel Lee Bachelder to 48 months in prison, Daniel Vernell Corbin to 44 months in prison, and Dolores Rachel Lopez to 24 months in prison after they all pleaded guilty for their respective roles in the marijuana trafficking conspiracy.
“Trevino, a serial violator of federal and state law on a significant scale, warranted the federal and state law enforcement attention he received” stated Keith Martin, Special Agent in Charge of the Drug Enforcement Administration’s Detroit Field Division. “As a convicted drug felon, Trevino was precluded from operating a marijuana dispensary of any type,” said Martin.
The case was investigated by the Drug Enforcement Administration (DEA), the Tri-County Metro Narcotics Team (TCM), the Jackson Narcotics Enforcement Team (JNET), the Kent Area Narcotics Enforcement Team (KANET), and the Bay Area Narcotics Enforcement Team (BAYANET) of the Michigan State Police, the Lansing Police Department, and the Flint Police Department. Assistant United States Attorneys Joel S. Fauson and Daniel T. McGraw prosecuted the case.
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Savannah felon admits to weeks-long, two-state robbery and carjacking spreeRead the Press Release
SAVANNAH, GA – A convicted felon faces up to life in prison after pleading guilty to planning and executing a string of armed robberies and carjackings across Georgia and South Carolina in November 2018.
Demetrius Lamar Jackson, a/k/a “Meechy,” 30, of Savannah, pled guilty today to Discharging and Brandishing a Firearm During and in Relation to Crimes of Violence, Carjacking and Attempted Carjacking, Interference with Commerce by Robbery, and Conspiracy to Use and Carry Firearms During Crimes of Violence, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. U.S. District Judge Lisa Godbey Wood accepted Jackson’s guilty plea.
Jackson faces a mandatory minimum sentence of 17 years in prison. The court retains the authority to sentence Jackson to prison for life, and there is no parole in the federal system.
“Jackson is a dangerous, violent criminal whose rampage across two states left innocent people injured and victimized – and fortunate to still be alive,” said U.S. Attorney Christine. “A law-abiding citizen with a legal firearm finally brought Jackson’s reign of terror to an end, and a substantial federal prison term will ensure the community’s safety from him for many years to come.”
According to court statements and filings, in November 2018, Jackson perpetrated a two-and-a-half-week crime spree across Georgia and South Carolina, including:
- Nov. 6, 2018: Jackson robbed an employee of a Boost Mobile store in Savannah at gunpoint while the employee was transporting cash for the store. Jackson shot the store manager in the abdomen when she came to assist, and fled the scene in a car driven by his accomplice, Nautica Morgan, 23, of Savannah.
- Nov. 12: Jackson approached a young couple who was washing a Nissan sedan at a midtown Savannah carwash. Jackson pointed a gun at them and twice pulled the trigger, but the gun malfunctioned. Jackson then sped away in the victims’ car.
- Nov. 13: Jackson robbed a Valdosta, Ga., Boost Mobile employee and his girlfriend at gunpoint. The getaway car was the one stolen at the Savannah car wash.
- Nov. 19: Morgan attempted to steal merchandise from a beauty store in Augusta, Ga. When the store manager followed Morgan, Jackson pointed a gun at the manager. Jackson and Morgan later carjacked a vehicle at gunpoint from a woman at a nearby CVS. Later that day, at a Walgreens pharmacy in Conyers, Ga., Jackson held a man at gunpoint and attempted to steal his car, then stole a purse.
- Nov. 20: Jackson robbed a Boost Mobile store in East Point, Ga. Armed with a pistol, Jackson ordered the store’s employees to empty the cash register and safe. He then demanded the employees kneel on the floor of a back room and surrender a key to the store and their personal cell phones, debit cards, and cash before he fled.
- Nov. 21: Jackson carjacked a 73-year-old woman in Athens, Ga., while she was vacuuming her SUV. Jackson threatened to shoot her and then pistol-whipped her in the head. Later that same day, Jackson walked into a Boost Mobile store in Aiken, S.C., pulled out a gun and demanded money. Before he left with the store’s cash, Jackson seized an employee’s cellphone and smashed it.
- Nov. 23: Jackson attempted to rob a Boost Mobile store in Columbia, S.C., but a store employee shot Jackson during the robbery. To drive Jackson to a nearby emergency room, Morgan used a Chevrolet Tahoe that she and Jackson had carjacked in Georgetown, S.C., a few hours earlier.
Jackson and Morgan were both arrested shortly after the shooting, and a search of the Tahoe revealed bloody clothes, the stolen .22 caliber pistol used in the crimes, and numerous stolen items.
For her role in the crime spree, Morgan was charged with federal crimes in the District of South Carolina. On Aug. 27, 2019, Morgan pled guilty to charges of Conspiracy to Use and Carry a Firearm During Crimes of Violence and Brandishing a Firearm During a Crime of Violence.
Jackson’s charges stem from two separate indictments brought by grand juries sitting in the Northern and Southern Districts of Georgia. The Northern District’s indictment was transferred to the Southern District. The U.S. Attorney’s Offices in the Middle District of Georgia and District of South Carolina were important in bringing these cases to resolution.
“Jackson committed horrible violent acts, even pointing and firing guns at men and women of various ages and backgrounds with no regard for their lives,” said U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia. “We are committed to safe neighborhoods and communities no matter where they are. This case should clarify for anyone who chooses to follow in Jackson’s footsteps that we will find you and we will prosecute you to the fullest extent of the law.”
“I want to commend the law enforcement agencies in Georgia and South Carolina who tracked down and captured a violent man bent on causing grave harm to whomever crossed his path during this terrorizing crime spree,” said Charlie Peeler, U.S. Attorney for the Middle District of Georgia. “We are pleased that justice will be served for the innocent victims in this matter.”
“Jackson went on a weeks-long crime spree and terrorized innocent individuals across two states. Hopefully the victims who were traumatized by him can take comfort in the fact that he has pled guilty and will now have to pay the penalty for his reign of terror,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI would like to thank our state and local law enforcement partners who helped bring this violent defendant to justice.”
This case was investigated by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Savannah Police Department, the Richland County (S.C.) Sheriff’s Department, the Valdosta Police Department, the Richmond County Sheriff’s Office, the East Point Police Department, the City of Conyers Police Department, the Aiken (S.C.) Department of Public Safety, the Athens-Clarke County Police Department, and the Georgetown (S.C.) City Police Department.
Assistant U.S. Attorneys for the Southern District of Georgia and Theodore S. Hertzberg of the Northern District of Georgia prosecuted Jackson’s cases for the United States.
Rochester Contractor Sentenced for Filing False Tax ReturnsRead 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 Jason Bassett, 43, of Rochester, NY, who was convicted of filing a false tax return, was sentenced to serve six months in prison and six months home confinement by U.S. District Judge Elizabeth Wolford.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant owned and operated a paving and sealing company, which provided both personal and commercial sealing and paving services in the Rochester area. After receiving payment for services provided, Bassett failed to deposit all of the business income into the business bank account. The defendant would cash some business checks but failed to place them into the banking system.
Bassett did not advise his tax return preparer that he had cashed numerous business checks. As a result, the defendant knowingly caused the preparation of false personal income tax returns. For the years 2012 through 2015, Bassett failed to report approximately $1,704,873.89 in income on his tax returns, which resulted in the defendant failing to pay approximately $378,331 in taxes to the Internal Revenue Service. The defendant has paid back that amount to the IRS, but still owes more than $400,000 in penalties and interest.
The defendant also, in the course of failing to report all of his gross income from his sealing and paving business, failed to withhold taxes from his employees’ wages, did not provide his employees with Form W-2s, and did not report this on any other return required to be filed with the Internal Revenue Service.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.
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Randolph County woman sentenced for drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Melinda Sharon Higgins, of Elkins, West Virginia, was sentenced today to 15 months incarceration for drug distribution, United States Attorney Bill Powell announced.
Higgins, age 40, pled guilty to one count of “Distribution of Hydromorphone” in January 2019. Higgins admitted to distributing hydromorphone in Randolph County in April 2018.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force investigated.
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.
U.S. District Judge John Preston Bailey presided.
Randolph County woman admits to meth distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Janice May White, of Kerens, West Virginia, has admitted to selling methamphetamine, U.S. Attorney Bill Powell announced.
White, age 40, pled guilty to one count of “Distribution of Methamphetamine – Aiding and Abetting.” White admitted to selling methamphetamine in April 2019 in Randolph County.
White faces at least five years and up to 40 years incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug and Violent Crimes Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Raleigh Man Sentenced to 20 Years’ Imprisonment After Pretending to be Teenage Girl to Collect Child Pornography OnlineRead the Press Release
RALEIGH — United States Attorney Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge Terrence W. Boyle, sentenced EZEKIAL SANDOVAL, 49, of Raleigh to 240 months’ imprisonment. SANDOVAL was named in a 12-count Indictment on May 22, 2019, charging him with one count of child exploitation and manufacturing child pornography, 10 counts of receipt of child pornography, and one count of possession of child pornography. On November 13, 2019, he pled guilty to the child exploitation and manufacturing count.
According to the investigation, on September 3, 2017, a father located in Michigan, reported to local police that his 11 year old daughter had been sexually exploited online by an unknown individual. The victim had met the individual online and believed she was communicating with a teenage female named “Cindy.” Law enforcement reviewed the conversation on the victim’s phone and saw that the person going by “Cindy” encouraged the victim to self-produce multiple explicit images and videos. At “Cindy’s” request, the victim sent her the images and videos during a week-long span in late August 2017.
Law enforcement determined that the telephone number for “Cindy” was in fact registered to a then-47 year old man, the defendant EZEKIAL SANDOVAL. After further surveillance confirmed that SANDOVAL was the phone’s user, law enforcement obtained a federal search warrant for his Raleigh home and seized a phone and other digital devices.
On SANDOVAL’s phone, law enforcement located an account for the internet chat application Kik with registered name “Cindy Baker.” FBI also recovered images that matched those sent from the Michigan victim. Forensics further revealed that SANDOVAL had accessed links that contained other child pornography online, finding over 2,000 still images and 180 videos of child pornography across his various digital devices.
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
The Federal Bureau of Investigation, Raleigh Police Department and the Pittsfield Township Police Department (Michigan) conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Quebec Resident Pleads Guilty in Multi-Million Dollar Telemarketing SchemeRead the Press Release
SAN FRANCISCO – Athanasios Vouloukos pleaded guilty in federal court in San Francisco to conspiracy to commit mail fraud, announced United States Attorney David L. Anderson, U.S. Postal Inspection Service Inspector in Charge Rafael Nunez, and Internal Revenue Service, Criminal Investigation Special Agent in Charge Kareem Carter. The guilty plea was received by the Honorable Susan Illston, U.S. District Judge.
According to his plea agreement, Vouloukos, 47, of Ville St. Laurent, Quebec, Canada, admitted that he conspired with others in a telemarketing scheme to defraud small businesses in the United States. Vouloukos and others deceived thousands of small businesses into paying for a phony service to improve and enhance their online profile and presence. The phony service was variously described as, for example, “business listing optimization,” “business profile optimization,” or “online business listing optimization,” when in fact no such services were ever performed. Business were charged approximately $500 for the phony service.
As stated in the plea agreement, Vouloukos operated a calling center in Canada with his co-conspirator Nicholaos Menis. U.S. victims were cold-called from Canada and sent bogus invoices. According to the plea agreement, the telemarketing scheme involved calling businesses regarding the fraudulent invoices and falsely stating that the businesses had ordered “business listing optimization” or similar services and owed the amount on the invoice. Victims were directed to mail checks to addresses in the United States, which were actually United Parcel Service (UPS) mailboxes or virtual offices, including one mailbox at a UPS store in San Francisco. In pleading guilty, Vouloukos admitted that he and a co-conspirator used a firm called GreenGate to launder the proceeds of the fraudulent scheme.
According to the indictment, from about May 2009 to about June 2014, Vouloukos and others collected approximately $3.2 million from thousands of victims.
Menis, 47, of Dollard-des-Ormeaux, Quebec, Canada, was charged in a separate indictment and arrested on August 11, 2014. He pleaded guilty on December 5, 2014, and is awaiting sentencing.
A federal grand jury returned an indictment against Vouloukos on February 12, 2015. He was charged with one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. § 1349; four counts of mail fraud, in violation of 18 U.S.C. § 1341; and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h). Vouloukos pleaded guilty to one count of conspiracy to commit mail fraud.
Vouloukos was arrested after entering the United States on January 25, 2019, and made his initial appearance before the Honorable Sallie Kim, U.S. Magistrate Judge. He was released on a $100,000 bond.
Judge Illston scheduled Vouloukos’ sentencing for October 30, 2020. The maximum statutory penalty for a violation of 18 U.S.C. § 1349 is 20 years in prison and a fine of $250,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Robert S. Leach and Scott D. Joiner are prosecuting the case with the assistance of Rebecca Shelton and Kimberly Richardson. The prosecution is the result of an investigation by the United States Postal Inspection Service and IRS – Criminal Investigation.
Philadelphia City Councilman Kenyatta Johnson and His Wife Indicted in Wide-Ranging Fraud and Bribery Case Also Involving Former Universal Companies ExecutivesRead the Press Release
PHILADELPHIA— First Assistant United States Attorney Jennifer Arbittier Williams announced this morning that former Universal Community Homes Chief Executive Officer and Board President Abdur Rahim Islam, 62, of Philadelphia, PA; former Chief Financial Officer and Secretary of Universal’s Board Shahied Dawan, 68, of Philadelphia, PA; Philadelphia City Councilman Kenyatta Johnson, 46, and his spouse, political consultant Dawn Chavous, 40, both of Philadelphia, PA; were charged today in a twenty-two-count indictment alleging a wide-ranging racketeering conspiracy and related crimes including bribery, honest services fraud, multiple counts of wire fraud, and tax offenses.
The charges were announced at a press conference held by First Assistant U.S. Attorney Williams, FBI Assistant Special Agent-in-Charge Christian Zajac, and IRS Criminal Investigations Special Agent-in-Charge Guy Ficco.
According to the Indictment, the charges stem from criminal schemes orchestrated by Islam and Dawan through Universal Companies which included thousands of dollars in bribe payments to public officials and the misappropriation of hundreds of thousands of dollars from Universal. The Indictment, summarized briefly below, describes the various schemes.
“As alleged in the Indictment, Universal Companies, including its real estate and education arms, constituted a RICO enterprise, hijacked by the defendants Islam and Dawan to engage in a pattern of criminal activity that spanned two states and several years. In pursuing their criminal objectives, Islam and Dawan bribed public officials, including Johnson, with Universal’s funds, and hid those bribes as consulting fees paid through Chavous’ consulting firm,” said First Assistant U.S. Attorney Williams. “These charges are based on a pattern of activity which violates multiple federal and state laws including mail fraud, honest services mail fraud, honest services wire fraud, wire fraud, obstruction of justice, bribery, and use of an interstate facility in aid of racketeering.”
“What we have here is four people pretending their motives were purely civic-minded, when, in fact, they were unlawfully conspiring to enrich themselves,” said Christian D. Zajac, Assistant Special Agent in Charge of the FBI’s Philadelphia Division. “As alleged in the indictment, Abdur Rahim Islam and Shahied Dawan stole nearly half a million dollars from Universal — money for themselves, and to use as bribes to further their financial pursuits. Councilman Kenyatta Johnson accepted their payoffs and based his official actions on those bribes, with Dawn Chavous providing him cover. The FBI is committed to fighting public corruption at every level, and we would ask anyone with knowledge of wrongdoing by public officials to call the FBI, or share the information online at tips.fbi.gov.”
“IRS-Criminal Investigation is proud to have provided its financial expertise in this investigation,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “We, along with our law enforcement partners and the Department of Justice, are committed to aggressively investigating individuals who engage in corruption, tax fraud, or other types of white-collar crimes.”
Bribery and Honest Services Fraud in Philadelphia
Islam and Dawan are charged with engaging in a corrupt scheme in which Philadelphia City Councilman Kenyatta Johnson and his spouse, Dawn Chavous, received payments in excess of $66,000 in exchange for Johnson using his public office to take official actions to benefit Islam, Dawan, and Universal, including but not limited to: introducing and voting upon spot zoning legislation related to the Royal Theater, a property formerly held by Universal, and blocking reversion to the City of Philadelphia of another property held by Universal after it failed to develop the property pursuant to its agreement with the City of Philadelphia;
Bribery and Honest Services Fraud in Milwaukee
Islam and Dawan are also charged with engaging in a corrupt scheme in which Michael Bonds, the former president of the Milwaukee Public Schools (MPS) Board of Directors, received approximately $18,000 in exchange for Bonds using his official position to take a series of official actions advantageous to Islam, Dawan, and Universal, including but not limited to: advocating for and voting in favor of Universal’s expansion of charter school operations in Milwaukee, motioning the MPS Board to lease MPS property to Islam, Dawan, and Universal, motioning the MPS Board to approve more favorable lease terms to the benefit of Islam, Dawan, and Universal, and voting in favor of the more favorable lease terms;
Theft and Embezzlement at Universal
Also according to the Indictment, between 2010 and 2016, Islam drew significant sums of money from Universal in the form of bonuses and travel or expense reimbursements, in addition to his annual salary. Although Universal’s Board of Directors was charged with reviewing and approving Universal’s financials and major initiatives on a quarterly or annual basis, defendants Islam and Dawan used their positions as CEO and CFO, respectively, to pay themselves bonuses without the approval or knowledge of the Board. Islam and Dawan paid themselves annual five-figure bonuses even while Universal was hemorrhaging money due to the failed charter school expansion in Milwaukee.
The Indictment also alleges that Islam and Dawan used Universal’s funds to pay Islam excessive, inflated, or outright fraudulent reimbursements for “travel” or other purported “business expenses.” Islam would pad his “expenses” related to the operation of Universal, including its charter schools, with a variety of personal expenses that should not have been reimbursed. For example, Islam submitted his personal car insurance, political contributions, personal vacations, and gym memberships as “business expenses,” which were reimbursed by Universal and also not included as income on his IRS Forms 1040. Islam’s “reimbursements” were reviewed and approved by Dawan outside the standard procedures for Universal and without proper and detailed supporting documentation. Islam and Dawan also authorized Islam to receive large sums of “pocket money” or per diem from Universal. In total, Islam and Dawan stole approximately $463,000.
If convicted as charged, the defendant face the following statutory maximum sentences:
- Islam: 303 years’ imprisonment; 3 years supervised release, a $4,350,000 fine, and a $2,100 special assessment;
- Dawan: 285 years’ imprisonment; 3 years supervised release, a $3,750,000 fine, and a $1,500 special assessment;
- Johnson: 40 years’ imprisonment; 3 years supervised release, a $500,000 fine, and a $200 special assessment;
- Chavous: 40 years’ imprisonment; 3 years supervised release, a $500,000 fine, and a $200 special assessment.
The Federal Bureau of Investigation and Internal Revenue Service Criminal Investigations Division conducted this investigation. The FBI and IRS received assistance from the Department of Education Office of Inspector General. Assistant United States Attorneys Eric L. Gibson and Mark B. Dubnoff are prosecuting the case. Trial Attorney Ivana Nizich of the Criminal Division’s Organized Crime and Gang Section in the Department of Justice provided assistance.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Peoria-area Man Sentenced to 35 Years in Prison for Sexually Exploiting Minor Girls While a Sex OffenderRead the Press Release
PEORIA, Ill. – Senior U.S. District Judge Joe Billy McDade today sentenced Charles A. Hewitt, 48, of Creve Coeur, Ill., to a total of 35 years in prison. The sentence consists of 25 years for the enticement and exploitation of minor girls to engage in sexual acts and an additional, consecutive 10 years for being a sex offender at the time of the crimes. Hewitt was also ordered to pay $3000 in restitution to each of the three victims charged in the indictment. Judge McDade ordered that Hewitt remain on supervised release for a period of 10 years following the completion of his prison term.
On Sept. 25, 2019, Hewitt pleaded guilty to the crimes. Hewitt admitted that he created a false identity on Skout or MeetMe.com beginning in 2017. Hewitt used a false name, age, and profile pictures, appearing to others as a 15-year-old male named “John” to solicit naked photographs and sexual acts from minor female victims. The investigation revealed that Hewitt enticed sexually explicit images from three minor female victims living within the Central District of Illinois, knowing they were minors. Hewitt also met and sexually assaulted two of the minor victims, and threatened to find and kill the horses of a third minor victim if she did not agree to send more sexually explicit images or have sexual intercourse with him. At the time of the crimes, Hewitt was required to register as a sex offender under Illinois law after pleading guilty to aggravated criminal sexual abuse in Woodford county, Ill., in 2014.
Hewitt has remained in the custody of the U.S. Marshals Service since his arrest in September 2018.
The U.S. Secret Service and the Peoria County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Katherine Legge represented the government in the case prosecution.
The case was brought as part of Project Safe Childhood, a nationwide Department of Justice initiative to combat child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Owner of Wildwood Crest Pizza Restaurant Admits Filing False Income Tax ReturnsRead the Press Release
CAMDEN, N.J. – The owner of a Wildwood Crest, New Jersey, pizzeria today admitted five counts of filing a false income tax return, U.S. Attorney Craig Carpenito announced.
Giuseppe D’Arancio, 60, of Cape May Court House, New Jersey, pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with five counts of filing a false income tax return for tax years 2012 through 2016.
According to the documents filed in this case and statements made in court:
D’Arancio and another individual owned and operated a pizzeria and kept two sets of accounting books. For tax years 2012 through 2016, D’Arancio knowingly filed false tax returns which underreported the pizzeria’s taxable income by approximately $1.2 million. As a result, D’Arancio failed to pay more than $425,000 in income taxes.
Each of the five counts of filing a false tax return carries a maximum potential penalty of three years in prison, and a fine of the greater of $100,000, twice the gross profits to D’Arancio or twice the gross losses to the victim of his offense. Sentencing is scheduled for May 4, 2020.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Diana Vondra Carrig of the U.S. Attorney's Office Criminal Division in Camden.
Defense counsel: Jerome A. Ballarotto Esq., Trenton
Operators of Millbury Plumbing Business Convicted of Running Large Scale Commercial Marijuana Cultivation and Distribution OperationRead the Press Release
BOSTON – The operators of a family-owned plumbing business in Millbury were convicted by a federal jury yesterday of drug and money laundering charges arising from their operation of a large-scale marijuana grow operation.
Thomas Laverty, 39, of Clinton and Charles Laverty, 63, of Millbury, were each convicted following a five-day trial of conspiring to cultivate more than 100 marijuana plants; conspiracy to launder money; and cultivating marijuana and possessing marijuana with intent to distribute. The defendants are scheduled to be sentenced on May 19, 2020.
Earlier this month, Andrea Laverty, 63, of Millbury, pleaded guilty to conspiring to cultivate marijuana and conspiring to launder money. She is scheduled to be sentenced on April 9, 2020.
Charles, Thomas and Andrea Laverty used their business, Chuck Laverty & Son Inc., as a front for a large-scale, commercial marijuana cultivation and distribution operation. The defendants utilized Laverty & Son vehicles, bank accounts and locations to facilitate marijuana manufacturing, storage and distribution. Every week, numerous Laverty & Son workers harvested 20 marijuana plants from the commercial warehouse. Workers then brought the harvested crop to the residence of Charles and Andrea Laverty to be dried, with a goal of producing 8 – 10 pounds of dried marijuana per week. The dried marijuana was sold by Charles Laverty in large quantities for approximately $2,400 per pound.
On Oct. 17, 2017, law enforcement officers executed two search warrants: one at Laverty and Son’s business warehouse in Clinton, which was attached to Thomas Laverty’s residence, where agents found a commercial-style marijuana grow operation; and another at the residence of Charles and Andrea Laverty in Millbury, where agents found a large quantity of marijuana being dried and processed, as well as another marijuana grow operation.
On the drug conspiracy charge, Thomas Laverty faces a sentence of up to life in prison, between eight years and life of supervised release and a fine of $8 million, and Charles and Andrea Laverty face up to 40 years in prison, between four years and life of supervised release and a fine of $5 million. On the money laundering charge, each defendant faces a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Thomas Laverty also faces a charge of theft of government funds in connection with allegations that he received Supplemental Nutrition Assistance Program (“SNAP”) benefits while concealing the money he earned from the family’s drug business. On this charge, Thomas faces a sentence of up to five years in prison, three years of supervised release and a fine of $250,000.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Bill Abely and Phil Cheng of Lelling’s Criminal Division are prosecuting the case.
Omaha Woman Sentenced for Conspiracy to Distribute HeroinRead the Press Release
United States Attorney Joe Kelly announced that Makayla Morrissey, 33, of Omaha, Nebraska, was sentenced on January 29, 2020, to 15 months in prison by United States District Judge Robert F. Rossiter, Jr. for conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin. There is no parole in the federal system. Following her release from prison, Morrissey will serve three years of supervised release. She will also forfeit $11,470.00 in U.S. currency.
Law enforcement officers did two controlled buys and executed searches on Morrissey’s residence and recovered more than 100 grams of heroin and $11,470 in U.S. currency. The defendant was involved with other individuals in buying and selling heroin.
This case was investigated by the Omaha Police Department.
Ohio man sentenced to nearly twelve years for illegally possessing a firearm and violating previously imposed federal supervisionRead the Press Release
Deshaun A. Jones, 40, was sentenced for being a felon in possession of a stolen firearm and ammunition. Judge John R. Adams sentenced Jones to 120 months of incarceration and three years of supervised release. The Judge also imposed a 21-month term of incarceration to be served consecutively because Jones violated the terms of his current supervision when he was convicted of this crime.
After a three-day jury trial in December of 2019, Jones was found guilty of being a Felon in Possession of a Firearm. The criminal charges arose from Deshaun A. Jones possessing a firearm, which he discharged into an occupied residence in an Akron, Ohio neighborhood on the night of October 1, 2018. Neighbors complained to police after hearing gunshots and noticing Jones screaming in the street. A review of Jones’ criminal record revealed he was prohibited from possessing a firearm because of prior felony convictions.
Jones possessed the firearm and ammunition knowing he had previously been convicted of crimes punishable by imprisonment for more than one year. Those crimes included a 1999 state conviction for Possession of Cocaine, a 2005 state conviction for Assault, a 2006 state conviction for Trafficking in Cocaine, a 2006 state Conviction for Trafficking in Heroin, and a 2009 federal conviction for Felon in Possession of a Firearm.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Akron Police Department. The matter was prosecuted by Assistant U.S. Attorneys Christopher J. Joyce and Ranya Elzein.
Ohio man sentenced for drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Tyler Estep, of Galloway, Ohio, was sentenced today to three years probation for drug distribution, United States Attorney Bill Powell announced.
Estep, age 32, pled guilty to one count of “Conspiracy to Distribute and Possess with the Intent to Distribute Controlled Substances” in February 2019. Estep admitted to conspiring with others to distribute methamphetamine, heroin, cocaine, and cocaine base in Wetzel County, West Virginia, as well as Ohio and Georgia from July 2015 to April 2018.
Assistant U.S. Attorney Robert H. McWilliams, Jr., prosecuted the case on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio, Police Department Gang Crimes Unit assisted in the case.
The investigation was funded in part 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.
U.S. District Judge John Preston Bailey presided.
North Carolina Man Charged with Child Exploitation CrimesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brendon Rothrock, age 21, of Kannapolis, North Carolina, formerly of Lewisburg, Pennsylvania, was indicted on January 28, 2020, by a federal grand jury on child exploitation charges.
According to United States Attorney David J. Freed, the indictment alleges that Rothrock aided and abetted the use of a minor to produce child pornography between January and February 2018, and received images of child pornography in February 2018. The indictment also seeks forfeiture of all electronic equipment used to take and transmit those images.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for production of child pornography is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for receipt of child pornography is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Jersey Man Pleads Guilty in Federal Court to Holly Hill ArsonRead the Press Release
Columbia, South Carolina ---- Acting United States Attorney A. Lance Crick announced today that Marvin Leroy Smith-Capers, Jr., 37, of Newark, New Jersey, pleaded guilty in federal court to arson. United States District Court Judge Mary Geiger Lewis presided over the hearing and will sentence Smith-Capers at a later date.
According to facts presented to the court, on January 8, 2018, just after midnight, Smith-Capers set fire to Joy’s Touch of Class in downtown Holly Hill after spending much of the previous two hours stealing merchandise from the store. The flames spread to two adjacent businesses, Goldstein’s and the Super 10, causing damage to all three in excess of $1 million.
Holly Hill police officers first noticed suspicious activity when the white GMC Yukon driven by Smith-Capers recklessly pulled into the road opposite their direction of travel. They followed the Yukon, which then accelerated down Railroad Street, ultimately losing control. At the accident scene, officers discovered the overturned Yukon, an ejected and unresponsive Smith-Capers, and merchandise scattered about. This merchandise was traced back to Joy’s.
Smith-Capers was also linked to the scene of the fire through the ankle monitor he was wearing as part of a previous probationary sentence. GPS data tracked Smith-Capers as he moved back and forth between the store and his vehicle as he loaded the Yukon with stolen merchandise.
Smith-Capers faces a minimum term of five years in federal prison, and a maximum of 20 years. He is also subject to a maximum $250,000 fine, and he will be responsible for restitution to the store owners.
The Bureau of Alcohol, Tobacco, Firearms and Explosives as well as the Holly Hill Police and Fire Departments, the Orangeburg County Fire District, and South Carolina Law Enforcement Division investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
New Haven Narcotics Distributor Sentenced to 46 Months in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JEFFREY BRAZIER, 50, of Hamden, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 46 months of imprisonment, followed by three years of supervised release, for distributing crack cocaine.
According to court documents and statements made in court, this matter stems from an investigation headed by the FBI’s New Haven Safe Streets/Gang Task Force and New Haven Police Department that targeted drug trafficking and related acts of violence by members, former members and associates of the “Island Brothers” street gang in New Haven. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, also revealed that the drug trafficking organization had established a base of operation in Fitchburg, Massachusetts. The investigation subsequently identified a second drug trafficking network that involved the large-scale distribution of heroin.
Investigators identified Brazier as a significant distributor of both heroin and crack cocaine.
On July 9, 2019, a grand jury in New Haven returned a 15-count indictment charging Brazier and 24 others with federal narcotics offenses related to the distribution of crack cocaine, cocaine and heroin.
Brazier has been detained since his arrest on July 10, 2019. On November 12, 2019, he pleaded guilty to conspiracy to distribute, and to possess with intent to distribute cocaine base (“crack”) and heroin.
Brazier’s criminal history spans more than 30 years and includes convictions for narcotics distribution and assault offenses. At the time of his arrest in this case, he was on parole out of New York for a drug-related offense.
This matter is being investigated by the FBI’s New Haven Safe Streets/Gang Task Force, New Haven Police Department, Milford Police Department, Hamden Police Department, East Haven Police Department, Connecticut State Police, Connecticut Department of Correction and the U.S. Drug Enforcement Administration.
This case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan, Peter D. Markle and Elena L. Coronado.
Natick Man Sentenced for Child Pornography OffensesRead the Press Release
BOSTON – A Natick man was sentenced yesterday in federal court in Boston for possessing child pornography.
Joshua Bemis, 28, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six years in prison and five years of supervised release. In October 2019, Bemis pleaded guilty to one count of possession of child pornography and one count of receipt of child pornography. Bemis was arrested and charged in November 2018.
Federal authorities received information from law enforcement in the United Kingdom regarding an individual – whose IP address was traced to Bemis’ Natick residence – who had posted child pornography on a photo sharing website. Law enforcement subsequently executed a search warrant and seized a laptop computer and separate hard drive, both of which contained numerous videos of children, including some that depict the rape of children as young as seven-years-old.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Natick Police Chief James G. Hicks made the announcement today. Assistant U.S. Attorney David G. Tobin prosecuted the case.
The case was 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/.
Morgantown Pharmacist sentenced to 10 years for drug chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Scott D. Tingler, a Morgantown, West Virginia pharmacist, was sentenced today to 121 months incarceration for illegally distributing oxycodone, U.S. Attorney Bill Powell announced.
Tingler, age 41, pled guilty to one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice” and one count of “False Tax Return” in May 2019. Tingler admitted to conspiring with others to distribute more than 7,400 grams of oxycodone in Monongalia County and elsewhere from August 2014 to August 2018. Tingler also admitted to filing a false tax return in April 2015, grossly understating his taxable income.
“Too many lives have already been lost in this great state to opioids. We must hold those who are sworn to help the sick and injured accountable when they choose to break their oath and the law. I’ve said it before, but a white coat will not protect you from prosecution if you are illegally peddling pills or other drugs,” said Powell.
Tingler was ordered to pay $507,942.42 in restitution to the IRS and former employees. A money judgment was also made in the amount of $1,845,000.
As a part of the plea agreement, Tingler agreed to relinquish his pharmacy license and not seek to reinstate the same, and agreed to not seek employment in any position that would require or permit him to handle or dispense controlled substances during any period of incarceration or supervised release.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Internal Revenue Service Criminal Investigative Division, the Drug Enforcement Administration Tactical Diversion Squad, the Morgantown Police Department, the Harrison County Sheriff’s Office and West Virginia State Police BCI investigated.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Senior U.S. District Judge Irene M. Keeley presided.
Mexican National Sentenced for Transporting Illegal AliensRead the Press Release
BEAUMONT, Texas – A 46-year-old Mexican national illegally in the United States has been sentenced to federal prison for immigration violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
Joel Sanchez-Guzman pleaded guilty on June 4, 2019, to transporting illegal aliens and illegally reentering the United States after having been deported. Sanchez-Guzman was sentenced to 30 months in federal prison today by U.S. District Judge Ron Clark. He was also ordered to submit to forfeiture of $1,300.
According to information presented in court, on Jan. 25, 2019, Sanchez-Guzman was stopped for a traffic violation by Nacogdoches Police on U.S. 59. During the traffic stop, Sanchez-Guzman told law enforcement officers that he had received approximately $900 to transport six adult male passengers from Houston, Texas to Atlanta, Georgia. . Sanchez-Guzman was released at the time pending further investigation.
On Feb. 16, 2019, Sanchez-Guzman was again stopped by Nacogdoches Police on U.S. 59 for a traffic violation and at the time was transporting eight individuals he knew to be illegally in the United States. Sanchez-Guzman was arrested for this offense as well as for the January incident. He was indicted by a federal grand jury on Mar. 6, 2019, and charged with smuggling illegal aliens and reentry as a previously deported alien.
This case was investigated by Homeland Security Investigations/Immigration and Customs Enforcement HSI/ICE and the Nacogdoches Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Mexican Man Who Possessed a Fraudulent Social Security Card Sentenced to PrisonRead the Press Release
A Mexican man who possessed false identification documents was sentenced today to five months in federal prison.
Ivan Ruiz-Nino, age 39, a citizen of Mexico illegally present in the United States and living in West Liberty, Iowa, received the prison term after a September 19, 2019, guilty plea to one count of unlawful possession of identification documents.
In a plea agreement, Ruiz-Nino admitted that in February 2019, he possessed and used a fraudulent social security card and a fraudulent permanent resident card, also known as a “green card,” when completing paperwork to obtain employment in Stanwood, Iowa. The account numbers on the identification documents were assigned to other people.
Ruiz-Nino was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Ruiz-Nino was sentenced to five months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Ruiz-Nino is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-77.
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Manchester Man Sentenced to 90 Months for Drug Trafficking and Firearm OffensesRead the Press Release
CONCORD - Brandon Andrade, 29, of Manchester, was sentenced to 90 months in federal prison for drug trafficking and possessing a firearm in furtherance of drug trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in December of 2018, the Manchester Police Department began an investigation after receiving information from a confidential source that Andrade was dealing in large quantities of cocaine, heroin and fentanyl throughout Manchester.
On January 2, 2019, a cooperating individual bought approximately three grams of crack cocaine and approximately ten grams of fentanyl from Andrade. During the drug transaction, Andrade was armed with a handgun.
During a vehicle stop, Manchester police officers took Andrade into custody. An officer searched Andrade and found approximately 23.17 grams of fentanyl, .136 grams of cocaine base, and $1903. Shortly after the arrest, Manchester police officers executed a search warrant on Andrade’s residence and seized a Ruger.380 pistol, 25.64 grams of cocaine base, and approximately 250.8 grams of fentanyl.
Andrade previously pleaded guilty on September 30, 2019. In addition to his prison sentence, Andrade forfeited the firearm, ammunition, and over $2,000 to the United States.
“Drugs and guns are a potentially deadly combination,” said U.S. Attorney Murray. “Armed drug dealers are a serious threat to public safety. To protect communities in the Granite State, we will not hesitate to seek lengthy prison sentences for drug traffickers who use or possess guns.”
“Gun and drug crimes are a scourge on our communities and hold good citizens hostage in their homes. Everyone deserves a community where they feel safe,” said Special Agent in Kelly D. Brady. “ATF is committed to working with our law enforcement partners to make sure they have it. We will continue to use our resources to take armed drug dealers off our streets and put them behind bars where they belong.”
“Getting a known drug dealer like Brandon Andrade off the street is a great accomplishment,” says Manchester Police Chief Carlo Capano, “The Manchester Special Enforcement Division worked long hours to investigate this individual and this positive result is a testament to the hard work this agency does every day as we work diligently to keep our city safe.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorneys Joachim Barth and Debra M. Walsh.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
This case also is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Local man gets significant prison time for multiple child pornography chargesRead the Press Release
BROWNSVILLE, Texas – A 26 year-old man has been ordered to federal prison following his convictions of receipt, possession and distribution of child pornography, announced U.S. Attorney Ryan K. Patrick.
Pedro Angel Garcia, Brownsville, pleaded guilty May 22, 2019.
Today, U.S. District Judge Rolando Olvera Jr. sentenced Garcia to 78 months for the distribution conviction. He also received 78 months for the receipt and possession counts, respectively. The sentences will all run concurrently. Garcia will then serve 35 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Garcia will also be ordered to register as a sex offender.
In October 2017, authorities learned of a Facebook user who appeared to be sending child exploitative material via the social media platform. The investigation led them to an IP address and telephone number and eventually to Garcia’s residence in Brownsville.
Law enforcement executed a search warrant and seized his personal computer. Forensic analysis resulted in the discovery of approximately 29 images and one video of child pornography in Garcia’s possession.
Garcia has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations-Rio Grande Valley Child Exploitation Task Force conducted the investigation.
Assistant U.S. Attorney Ana C. Cano prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Lawrence + Memorial Hospital Agrees to Comply with ADA Regarding Deaf and Hard of Hearing PatientsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that the government has reached a settlement agreement under the Americans with Disabilities Act of 1990 (“ADA”) with Lawrence + Memorial Hospital (“L+M”) in New London, an affiliate of Yale New Haven Health Services Corporation, regarding L+M’s provision of effective communication to its deaf and hard of hearing patients.
This matter was initiated upon receipt of a complaint filed with the U.S. Attorney’s Office for the District of Connecticut by Disability Rights Connecticut. Disability Rights Connecticut filed the complaint on behalf of an individual (“the complainant”) who is profoundly deaf and uses American Sign Language as her primary means of communication. The complainant alleges that she was referred to the hospital for an appointment and, when she arrived at the hospital at the scheduled time, there was no interpreter present despite the hospital having provided her with an interpreter at a past appointment. At the time of appointment, the complainant requested an interpreter. The hospital did not provide an interpreter for the complainant at any time during her appointment. Because she was not provided with a qualified interpreter, the complainant alleges she was not able to effectively communicate with the hospital’s staff, including the healthcare providers providing her care.
Title III of the ADA requires places of public accommodation to provide appropriate auxiliary aids and services, such as qualified interpreters, where necessary to ensure effective communication with individuals with disabilities. Places of public accommodation are prohibited from requiring an individual with a disability to bring another individual to interpret for him or her. Similarly, places of public accommodation may not charge a surcharge to individuals with disabilities for measures, including auxiliary aids and services, like interpreters, that are required to provide the individual with a disability with nondiscriminatory treatment under the ADA. As a hospital, L+M is a public accommodation under Title III of the ADA and its facility is a place of public accommodation.
The settlement agreement resolves the complaint received by the government that L+M violated Title III of the ADA by failing to provide effective communication to the complainant. The terms of the settlement agreement require L+M to assess patients and/or companions to determine if auxiliary aids or services are required for effective communication. Whenever it is necessary to ensure effective communication for those individuals, L+M will provide appropriate auxiliary aids and services, including qualified interpreters, free of charge to patients or companions who are deaf or hard of hearing. L+M will also record the need for auxiliary aids and services for patients or companions in the patient’s medical record so that hospital personnel can provide the auxiliary aids and services at the patient’s subsequent visits. The hospital will notify the public regarding its policy on the availability of auxiliary aids and services by posting signs in the hospital facility, putting notice on its website, and including information in its patient handbook. L+M will also develop and implement a grievance resolution procedure regarding effective communication and provide training regarding the provision of auxiliary aids and services to all L+M hospital personnel who have direct contact with patients or companions.
In addition, L+M will compensate the complainant in the amount of $8,500.
The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
“This matter demonstrates the commitment of this office to ensuring that deaf and hard of hearing individuals are able to effectively communicate with their healthcare providers,” stated U.S. Attorney Durham. “From the beginning of this investigation, Lawrence + Memorial has demonstrated a commitment to addressing the Americans with Disabilities Act issues raised in this matter and we are pleased to have reached this comprehensive settlement agreement with the hospital.”
This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Any member of the public who wishes to file a complaint alleging that the office of a health care provider or any other place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Lancaster Man Sentenced for FraudRead 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 Christopher Dillon, 55, of Lancaster, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 52 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $5,245,862.
Assistant U.S. Attorneys Douglas A. Penrose and MaryEllen Kresse, who handled the case, stated that between May 2010 and November 2013, Dillon conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Dillon and co-conspirator Gilbert Lynagh formed two companies – i2i Capital LLC and i2i Settlement Partners LLC – which were incorporated in Delaware but listed a business address in Lancaster, NY.
Thereafter, Dillon, Lynagh, and other members of the conspiracy caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Victim funds were wire transferred from the victim’s bank accounts to bank accounts controlled by Dillon and Lynagh at Alliance Bank in Oneida, NY.
The majority of victim funds were utilized by Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Dillon, Lynagh, and other members of the conspiracy. As a result, at least five investors suffered substantial financial hardship by losing retirement or other savings or investment funds.
Gilbert Lynagh was convicted for his role in the conspiracy in July 2016. Another co-conspirator, Leonard Smith, was convicted for his role in the scheme in August 2019 and is awaiting sentencing.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert.
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Kenner Woman Pleads Guilty to Failure to Pay FICA TaxesRead the Press Release
NEW ORLEANS - United States Attorney Peter G. Strasser announced today that defendant MARTHA BUEZO MARTINEZ (“MARTINEZ”), age 49, of Kenner, LA, pled guilty to failing to account for and pay over employment taxes to the Internal Revenue Service, in violation of Title 26, United States Code, Section 7202.
According to court documents, MARTINEZ was the President, Director, and sole officer of Infinity Construction Resources, Inc. From on or about March 2013 (1st quarter of 2013) to December 2017 (4th quarter of 2017), MARTINEZ, through Infinity, failed to pay over to the United States Internal Revenue Service approximately $272,096 in FICA taxes.
The court set sentencing in this matter for April 28, 2020. For Court 2, MARTINEZ faces a maximum term of imprisonment of five (5) years, up to a $250,000 fine, up to three years supervised release following any term of imprisonment, and a $100 special assessment fee.
This matter was handled by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Duane A. Evans is prosecuting the case.
Juvenile Carjacker Sentenced to 84 Months in PrisonRead the Press Release
St. Louis, MO – Timothy Blassingame, 19, of Belleville, IL, was sentenced to 84 months in prison for armed carjacking. Blassingame appeared today before U.S. District Judge Ronnie L. White.
According to court documents, on May 31, 2018, at approximately 4:30 p.m., victim R.W. was sitting in his 2003 Trailblazer at the BP station at 1401 Chouteau Avenue in the City of St. Louis. Timothy Blassingame and another male, Andre King, approached R.W. King pointed a revolver at R.W. and ordered R.W. out of the vehicle. Blassingame and King took R.W.’s cell phone and drove off in the Trailblazer.
Later that evening, East St. Louis Illinois police observed the stolen Trailblazer and attempted to stop it. Blassingame and King led police on a high-speed pursuit from East St. Louis, Illinois into St. Louis, Missouri. They also rammed a police car during the pursuit, which ended after the Trailblazer crashed near Jennings Station Road in North St. Louis County. Both Blassingame and King attempted then flee on foot but were eventually apprehended by police. Blassingame was 17 years old at the time he committed these crimes.
Blassingame pleaded guilty in July to one count of carjacking and another count of brandishing a firearm in furtherance of a crime of violence. This prosecution and 84-month sentence were part of a coordinated effort by the United States Attorneys’ Offices for the Eastern District of Missouri and Southern District of Illinois. More specifically, Blassingame’s sentence was ordered to be served consecutively to any sentence imposed in the Southern District of Illinois. Those proceedings, which charge Blassingame and King with interstate transportation of a stolen vehicle and armed robbery, remain on going.
“To the young people in our community, know that you have a choice when it comes to guns: Pick one up or put it down. We want you to put it down,” said United States Attorney Jeff Jensen after today’s sentencing. “In the last two years, this office has doubled the number of federal prosecutions of individuals who have chosen to pick-up firearms and commit violent acts with them. This specifically includes increased prosecution of juveniles.”
Jensen continued, “If you choose to take other people’s property and endanger the citizens of this district by using a firearm, federal prosecution, a lengthy prison sentence far away from the Saint Louis area, and intense court supervision afterwards awaits.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives; Saint Louis Metropolitan Police Department; Saint Louis County Police Department; North County Police Cooperative; Illinois State Police; and East Saint Louis Police Department investigated this case which was prosecuted in cooperation with the United States Attorney’s Office for the Southern District of Illinois.
Justice Department Settles Lawsuit Against the South Dakota Department of Social Services Alleging Intentional Race Discrimination Against Native American Job Applicants at the Pine Ridge ReservationRead the Press Release
The Justice Department announced today that it has reached a settlement with the South Dakota Department of Social Services (Department of Social Services or DSS), a state agency that assists South Dakotans seeking public benefits, resolving allegations that DSS intentionally discriminated against Native American job applicants at its Pine Ridge Indian Reservation Office. Under the terms of the settlement agreement, subject to court approval, the Department of Social Services will pay $350,000 in back pay and other monetary relief to approximately 60 Native American job applicants. The Department of Social Services also must comply with reporting requirements regarding its hiring of Specialists at the Pine Ridge Office.
“The Civil Rights Division is committed to enforcing the nation’s anti-discrimination laws on behalf of all Americans, including Native Americans, to make sure they are—as the Reverend Dr. Martin Luther King challenged 56 years ago—judged by the ‘content of their character’ and not the ‘color of their skin,’” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This settlement helps move our nation towards Dr. King’s dream of making opportunity available to all unfettered by unlawful discrimination. It provides monetary relief for Native American applicants, ensures equal opportunity to compete for jobs, and establishes a reporting and oversight process to guard against racial discrimination in the future.”
The amended complaint, filed in November 2016 in the U.S. District Court for the District of South Dakota, alleged that in failing to select qualified Native American applicants for several positions at DSS’s Pine Ridge Office, DSS engaged in a pattern or practice of discrimination that violated Title VII of the Civil Rights Act of 1964, as amended. Title VII is a federal statute that prohibits employment discrimination on the basis of race, sex, color, national origin, and religion.
According to the amended complaint, in October 2010, Cedric Goodman, a Native American job candidate, applied for a Specialist position at DSS’s Pine Ridge Office. DSS determined that Goodman was qualified for the position and offered him an interview. After interviewing Goodman and other qualified Native American candidates, DSS removed the job posting and hired no one. The next business day, however, DSS re-posted the position and ultimately selected a white applicant with qualifications inferior to Goodman’s. In addition to the intentional discrimination claim involving Goodman, the United States also alleged that denying Goodman’s application was part of an intentional pattern or practice of race discrimination by DSS, where the Pine Ridge Office repeatedly removed job postings and used subjective, arbitrary hiring practices to disfavor qualified Native American applicants for Specialist positions.
Goodman originally filed a charge of race discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Minneapolis Area Office, in its Chicago District, investigated the matter and found reasonable cause to believe that DSS discriminated against Goodman and a class of similarly situated Native American applicants. After unsuccessful conciliation efforts, the EEOC referred the matter to Department of Justice’s Civil Rights Division.
The Civil Rights Division brought this lawsuit as part of a joint effort to enhance collaboration between the Justice Department and the EEOC in the vigorous enforcement of Title VII. Additional information about the Division, including copies of the amended complaint and the settlement agreement can be found online on its website at www.usdoj.gov/crt.
This lawsuit was handled by Trial Attorneys Jeff Morrison, Alisa Philo, Jen Swedish, and Shayna Bloom in the Employment Litigation Section of the Department of Justice’s Civil Rights Division.
Jury in Las Cruces, N.M. convicts man from Roswell, N.M. of federal child pornography chargesRead the Press Release
ALBUQUERQUE, N.M. – A federal jury in Las Cruces, New Mexico returned a verdict on January 28 convicting Dain Justin Adams, 38, of Roswell, New Mexico, of child pornography charges including distribution, receipt, and possession of sexually explicit material.
A grand jury previously returned a fourth superseding indictment on Dec. 17, 2019, charging Adams with two counts of distribution and one count each of possession, receipt, and conspiracy to produce visual depictions of minors engaged in sexually explicit conduct. The indictment also charged Adams with one count of traveling across state lines with the intent to commit aggravated sexual abuse. The conduct charged in the indictment covered the period from July 3, 2012, to June 27, 2018. The jury returned a guilty verdict convicting Adams of each count except for traveling across state lines with the intent to commit aggravated sexual abuse.
According to public court records and trial testimony, law enforcement officers identified an internet protocol address at a residence in Roswell that was being used to access child pornography. Officers traced this IP address to Adams’s home. Law enforcement executed a search warrant at the location on June 27, 2018, and found child pornography on electronic devices, including computers. The evidence at trial connected Adams to this child pornography.
A co-defendant in the case, Jade Tiffany Laurezo, 35, Maigao Iloilo, Philippines previously pleaded guilty on Oct. 31, 2019, to production of a visual depiction of a minor engaged in sexually explicit conduct. Laurezo testified at trial about chat messages she exchanged with Adams discussing their plans to acquire children as sex slaves and sexually abuse these children together.
Adams in currently in custody awaiting sentencing. He faces 15 to 30 years in prison for conspiracy to produce, 10 to 20 years in prison for possession, and five to 20 years in prison for distribution of visual depictions of minors engaged in sexually explicit conduct. Laurezo is also scheduled to be sentenced at a later date.
The Roswell office of the FBI investigated this case with assistance from the FBI’s Las Cruces office, Homeland Security Investigations, the Chaves County Sheriff’s Department, the Las Cruces Police Department, and the Regional Computer Forensics Lab in Albuquerque. Assistant U.S. Attorneys Marisa A. Ong and Dustin C. Segovia of the Las Cruces Branch Office are prosecuting the case.
Jury convicts Shelby woman of firearms crimes in gun purchase for juvenileRead the Press Release
GREAT FALLS – A jury on Tuesday convicted a Shelby woman of firearms crimes for lying while buying a handgun and then giving it to a juvenile, U.S. Attorney Kurt Alme said.
The jury found Susan Kaytlin Scott, 52, of Shelby, guilty of false statement during a firearms transaction and of transfer of a handgun to a juvenile, as charged in an indictment. Scott faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the false statement count and a maximum one year in prison, a $100,000 fine and one year of supervised release on the transfer to a juvenile count.
U.S. District Judge Brian M. Morris set sentencing for June 4 and continued Scott’s release.
“Federal firearms laws are in place to protect us from dangerous use. Lying to buy a handgun and then giving it unsupervised to a youth who points the loaded firearm at people is a serious offense. I want to thank Assistant U.S. Attorney Paulette Stewart, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department and the Toole County Sheriff’s Office for investigating and prosecuting the case.” U.S. Attorney Alme said.
In evidence presented at trial, the prosecution said Scott bought a Taurus 9mm handgun for a 17-year-old boy on Nov. 21, 2018 at Scheels in Great Falls. In required background paperwork, Scott answered that she was the actual transferee/buyer of the firearm. However, Scott bought the handgun for the boy as an early birthday present. The boy and his friend were present during the purchase, and Scott used the boy’s debit card for the purchase. Following the sale, the boy kept the handgun, and ammunition, at another residence.
A juvenile witness told investigators that the boy kept the handgun in a holster in his bedroom and had a magazine loaded in the pistol but not a round in the chamber. The boy and three friends would take out the handgun, point it at things in the room or at each other. The witness also reported that the boy pointed the handgun at Scott during an argument.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the ATF, Great Falls Police Department and Toole County Sheriff’s Office.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Judge in Del Rio Sentences Two San Antonio Sisters to Federal Prison for Attempting to Smuggle Methamphetamine into the U.S. from MexicoRead the Press Release
In Del Rio yesterday afternoon, a federal judge sentenced 21–year-old Mary Ann Lara and her sister, 24-year-old Melissa Janet Lara, both of San Antonio, to 24 years in federal prison followed by five years of supervised release for their scheme to smuggle methamphetamine into the U.S. from Mexico, announced U.S. Attorney John F. Bash, Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In addition to the prison terms, U.S. District Judge Alia Moses ordered that Mary Ann pay a $6,000 fine; Melissa, a $4,500 fine.
On July 17, 2019, a federal jury convicted the sisters of importation of methamphetamine; conspiracy to possess with intent to distribute methamphetamine; and, possession with intent to distribute methamphetamine. Jurors also convicted Mary Ann of conspiracy to import methamphetamine. Evidence presented during trial revealed that on April 1, 2018, the defendants were attempting to enter the U.S. at the Eagle Pass Port of Entry. Customs agents sent the sisters to secondary inspection where investigators discovered approximately 38 kilograms of methamphetamine in non-factory compartments attached to the vehicle’s wheels.
“The sentence imposed on the Lara sisters sends a clear message that there are serious consequences to trafficking controlled substances,” said HSI San Antonio Special Agent in Charge Folden. “HSI along with our law enforcement partners, will continue to seek out and bring to justice those involved in the illicit drug trade.”
HSI, along with U.S. Customs and Border Protection, investigated this case. Assistant U.S. Attorney Amy Marie Hail prosecuted this case on behalf of the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.Indictment Charges Members of Inland Empire Drug Trafficking Ring with Transporting Kilograms of Cocaine by Mail and TrucksRead the Press Release
LOS ANGELES – Authorities this morning arrested 16 defendants linked to an Inland Empire-based drug trafficking ring that used the U.S. Postal Service and private vehicles to ship large quantities of cocaine and other narcotics to buyers across the country.
A 17-count indictment charges a total of 24 defendants with conspiracy to distribute controlled substances. The indictment also charges some of the defendants with distribution of controlled substances, possession with intent to distribute controlled substances, and being felons in possession of ammunition.
Over the course of the three-year investigation, authorities across the United States seized a total of approximately 77 kilograms of cocaine, nine kilograms of heroin, 150 pounds of methamphetamine, 989 fentanyl pills, 19 firearms, and $1,894,869 in suspected drug proceeds.
Thirteen of the defendants arrested today are expected to be arraigned this afternoon in United States District Court in downtown Los Angeles. An additional three defendants were arrested in Ohio and South Carolina.
Between October 2016 and May 2018, members of the conspiracy mailed large quantities of narcotics from post offices throughout Riverside and San Bernardino counties to recipients nationwide – including New York, Ohio, Michigan, and South Carolina – in exchange for large cash payments, often in excess of $100,000, according to the indictment.
The lead defendant in this case – Ricardo Alejandro Bazan, a.k.a. “Ricky,” “Chuco” and “Chu,” 41, of Riverside – allegedly directed the drug trafficking ring. The indictment alleges that illicit drug proceeds were sent back to California and were ultimately delivered to Bazan.
Co-defendants Doroteo Mendoza Torrez, a.k.a. “Guerro” and “Guerito,” 57, of Eastvale, and Edulfo Leyva Perez, a.k.a. “Gallo,” 54, of San Jacinto, allegedly arranged for narcotics to be shipped from Mexico and Colombia to Southern California.
Bazan then provided drugs to Noel Granados, a.k.a. “Big Show,” 40, of Moreno Valley, who arranged for the drugs to be shipped to co-conspirators in other states via U.S. mail and private trucks, according to the indictment. Granados allegedly handled the ring’s day-to-day operations, including the logistics of mailing drug parcels, sending drugs via trucks, and receiving drug proceeds sent back to California.
Estevan Ortiz, a.k.a. “Stevie” and “Wonder,” 39, of Hesperia, allegedly built hidden compartments in vehicles for the purpose of concealing narcotics and drug proceeds.
One defendant, Jonathan Darnell Carey, 41, of Dallas, Texas, mailed at least 36 kilograms (79.4 pounds) of cocaine from post offices in San Bernardino County to recipients in Ohio, Michigan, Tennessee, and New York, according to the indictment. Carey also allegedly received a USPS parcel containing between $125,000 and $200,000 in drug proceeds on December 30, 2016 in Victorville, and a second parcel containing approximately $185,185 in drug proceeds on April 4, 2017. In addition to the drug distribution conspiracy count, Carey faces five additional charges of distribution of cocaine.
Bazan also is charged with knowingly distributing to Carey and another co-conspirator approximately 15 kilograms (33.1 pounds) of cocaine on March 31, 2017 in Riverside County, and with arranging the delivery of approximately 19 kilograms (41.9 pounds) of cocaine to another co-defendant on April 7, 2018. The cocaine was to be mailed to other states, the indictment alleges.
If convicted of all counts, the defendants would face a statutory maximum sentence of life in federal prison and mandatory minimum sentences of at least 10 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This matter was investigated by the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Group 50 and the United States Postal Inspection Service. HIDTA Group 50 is comprised of members from the Drug Enforcement Administration, IRS Criminal Investigation, CBP Air and Marine Operations, the Riverside Police Department, the Chino Police Department, the Ontario Police Department, the Riverside County Sheriff’s Department, and the San Bernardino County Sheriff’s Department. This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF).
The case is being prosecuted by Assistant United States Attorney Victoria A. Degtyareva of the Cyber and Intellectual Property Crimes Section.
Indiana Man Charged with Attempted Online Enticement of Child to Engage in Criminal Sexual ConductRead the Press Release
NEWARK, N.J. – A Lebanon, Indiana, man was indicted today for attempting to coerce an individual he thought was a 14-year old boy into engaging in sexual activity, U.S. Attorney Craig Carpenito announced.
Randal Wise, 43, is charged by indictment with one count of attempted online enticement of a minor to engage in criminal sexual conduct.
According to documents filed in this case and statements made in court:
On Oct. 25, 2019, Wise sent messages via an online dating application to an individual who told Wise that he was a 14-year-old boy in the eighth grade. Unbeknownst to Wise, the individual was an undercover agent (UC) posing as a minor victim. Wise engaged in sexual conversations with the UC and sent photographs of his genitals to the UC. Wise also asked the UC to send nude photographs and invited the UC to his hotel room. The following day, Wise again contacted the UC via the dating application and made arrangements to meet in person at a residence in Somerset, New Jersey. When Wise arrived at the house, he was arrested by law enforcement agents.
The attempted online enticement of a minor charge carries a mandatory minimum prison sentence of 10 years, a maximum potential penalty of life in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s indictment. He also thanked the Somerset County Prosecutor’s Office, under the direction of Prosecutor Michael Robertson, for its assistance.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorney Patricia Astorga of the U.S. Attorney’s Office’s Criminal Division.
Hartford Man Pleads Guilty to Illegally Possessing Assault RifleRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that BRIAN VELEZ, 31, of Hartford, pleaded guilty today in Hartford federal court to possession of a firearm by a convicted felon.
According to court documents and statements made in court, at approximately 10:20 a.m. on November 27, 2018, a car Velez was operating sped away from Hartford Police officers who were attempting to stop the vehicle in Hartford’s South End. Velez parked in a driveway of a residence on Newbury Street and then ran from the car while carrying a duffel bag. After Velez was apprehended, a detective located the duffel bag in Velez’s path of travel. The bag contained a disassembled Ruger AR 556 semi-automatic rifle.
Velez’s criminal history includes multiple convictions for burglary offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Velez is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on May 20, 2020, at which time he faces a maximum term of imprisonment of 10 years.
Velez is released on a $100,000 bond pending sentencing.
This investigation has been conducted by the Hartford Police Department and the FBI’s Connecticut Violent Crime Task Force. The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Guatemalan Man Sentenced for Illegally Reentering the U.S. and Using Fraudulent Social Security CardRead the Press Release
A man who entered the United States illegally from Guatemala and used a fraudulent social security card to obtain employment was sentenced on January 28, 2020, to time served of 168 days.
Ismael Lopez-Lopez, age 26, from Guatemala, received the sentence after an October 3, 2019, guilty plea to one count of illegal re-entry and a December 3, 2019, guilty plea to one count of misuse of a social security number.
At the guilty plea hearings, Lopez-Lopez admitted he had illegally entered the United States from Guatemala in 2016, and subsequently used a fraudulent social security card to obtain employment. On August 9, 2019, defendant was arrested in Sioux County, Iowa, for a traffic offense. Fingerprints were obtained from Lopez-Lopez, and it was determined that he had previously been deported and was in the U.S. illegally. Lopez-Lopez provided law enforcement with the name of his employer in Rock Valley. After an official check of social security records, it was discovered the social security number Lopez-Lopez used in applying for the job was assigned to someone other than Lopez-Lopez.
Lopez-Lopez was sentenced to time served in Sioux City by United States District Court Judge Leonard T. Strand.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 19-CR-04050 and 19-CR-04080.
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Greece Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kwashie Ajavon, 33, of Greece, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute crack cocaine and being a felon in possession of a firearm and/or ammunition. The charges carry a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on August 13, 2019, law enforcement officers executed a search warrant at the defendant’s residence on Estall Road in Greece. During the search, officers recovered three loaded firearms, approximately $1,200 in cash, methamphetamine, marijuana, and drug packaging materials and cutting agents. Officers also searched a vehicle pursuant to a search warrant and recovered a quantity of crack cocaine and a scale.
In 2008, Ajavon was convicted of Criminal Possession of a Weapon in the Second Degree in Monroe County Court and sentenced to 42 months in prison. As a result, he is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for April 30, 2020, at 9:15 a.m. before Judge Siragusa.
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Grand Jury Returns Two IndictmentsRead the Press Release
MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
La Crosse Man Charged with Distributing Methamphetamine
James Vinson, 33, La Crosse, Wisconsin, is charged with distributing 50 grams or more of methamphetamine. The indictment alleges that he distributed the methamphetamine on December 5, 2019.
If convicted, Vinson faces a mandatory minimum penalty of five years and a maximum penalty of 40 years in federal prison. The charge against him is the result of an investigation by the La Crosse County Sheriff’s Office, the West Central Metropolitan Enforcement Group, and the Onalaska and La Crosse Police Departments. Assistant U.S. Attorney Steven Anderson is handling the prosecution.
Madison Man Charged with Threatening Federal Probation Officer
Amin W. Williams, 37, Madison, Wisconsin, is charged with threatening to assault a federal law enforcement officer. The indictment alleges that on August 27, 2019, Williams threatened a U.S. Probation Officer with the intent to retaliate against the officer, while the officer was engaged in the performance of his official duties.
If convicted, Williams faces a maximum penalty of six years in federal prison. The charge against him is the result of an investigation by the U.S. Marshals Service. Assistant U.S. Attorney Corey Stephan is handling the prosecution.
Goldsboro Brothers Sentenced for Robbery of CVS in WilmingtonRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge Terrence W. Boyle sentenced brothers JUSTIN and STERLING WHITAKER, 27 and 22, of Goldsboro, North Carolina. JUSTIN WHITAKER received a sentence of 147 months imprisonment, followed by 5 years of supervised release. STERLING WHITAKER was sentenced to 126 months imprisonment, followed by 5 years of supervised release.
The WHITAKERS were named in an Indictment filed on August 7, 2019 charging them with conspiracy to rob the CVS, robbery of the CVS in Wilmington and brandishing a firearm during a crime of violence. On November 1, 2019, JUSTIN and STERLING WHITAKER pled guilty to those charges.
On February 7, 2018, officers with the Wilmington Police Department in Wilmington, North Carolina were notified via 911 dispatch that three armed men had entered the CVS located on Market Street and stolen money from the business. Deputies from the New Hanover County Sheriff’s Office interviewed the clerks. The clerks provided information that the men came in armed with firearms and demanded access to the pharmacy. Despite the clerks telling the men they did not have access to the pharmacy, the men led them at gunpoint to the safe and demanded entry. The men put the clerks in the bathroom, stole their cellular phones, and left the CVS. The clerks gave a description of a car they saw just prior to the robbery that they believed to be involved.
Officers with the Wilmington Police Department saw a car that matched the description given by the clerks and attempted a traffic stop. The car fled, refusing to stop for the officers. The car fled on Market Street at speeds exceeding 100 miles per hour. The car drove in the wrong lane into oncoming traffic, before the driver eventually lost control and crashed. Three occupants of the car ran from the car wreck. JUSTIN WHITAKER was tased and taken into custody immediately. STERLING WHITAKER was apprehened a short time later. The third individual was not apprehended. Law enforcement found three firearms and checks and cash belonging to the CVS in the car.
JUSTIN WHITAKER was taken to the sheriff’s department after his discharge from the hospital. He gave law enforcement a false name and then escaped from the interview room. He was found a short time later.
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 on a sustained basis in those communities 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 New Hanover County Sheriff’s Department, the Wilmington Police Department and the Federal Bureau of Investigation (FBI). The case was prosecuted by Assistant United States Attorney Charity Wilson and Bryan Stephany.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Gang Member Linked to Four Drive-By Shootings Sentenced to 17 Years in Federal PrisonRead the Press Release
A gang member involved in several drive-by shootings in Dallas was sentenced today to 17 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Rafael Rubi, 24, pleaded guilty in September to possession of a firearm and ammunition by a convicted felon, possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to distribute a controlled substance.
Using the National Integrated Ballistic Information Network, or NIBIN, federal agents were able to link shell casings found at the scenes of at least four drive-by shootings in Dallas’ Oak Cliff neighborhood to firearms found in Mr. Rubi’s home and car.
In plea papers, Mr. Rubi, a member of the street gang La Familia Homeboy, admitted he was involved in all four drive-by shootings, including one shooting that targeted a driver previously involved in a car accident with Mr. Rubi’s girlfriend and another shooting that targeted the driver’s family members.
In total, approximately 119 cartridge casings were recovered at the scenes of the shootings.
The majority of the casings were later linked to two Glock pistols – one found stashed in a toilet tank in Mr. Rubi’s apartment (along with heroin, methamphetamine, cocaine, and drug paraphernalia), and another recovered from his Ford Mustang during a traffic stop hours after the final shooting.
During that traffic stop, officers observed Mr. Rubi’s passenger making “furtive movements” toward the floorboard, where they later located the loaded Glock pistol. Mr. Rubi admits he handed the Glock to the passenger and asked him to hide it.
The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Dallas Police Department conducted the investigation. Assistant U.S. Attorneys Rebekah Ricketts and Gary Tromblay prosecuted the case. U.S. District Judge Ed Kinkeade handed down the sentence.