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28 January 2020
The Department of Justice Files Actions to Stop Telecom Carriers Who Facilitated Hundreds of Millions of Fraudulent Robocalls to American ConsumersRead the Press Release
The Department of Justice filed civil actions for temporary restraining orders today in two landmark cases against five companies and three individuals allegedly responsible for carrying hundreds of millions of fraudulent robocalls to American consumers, the Department of Justice announced. The Department of Justice alleges that the companies were warned numerous times that they were carrying fraudulent robocalls — including government- and business-imposter calls — and yet continued to carry those calls and facilitate foreign-based fraud schemes targeting Americans. The calls, most of which originated in India, led to massive financial losses to elderly and vulnerable victims across the nation.
Assistant Attorney General Jody H. Hunt of the Justice Department’s Civil Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York, Inspector General Gail S. Ennis of the Social Security Administration (SSA) and Chief Postal Inspector Gary Barksdale, made the announcement.
The two cases announced today contain similar allegations. The defendants in one case are Ecommerce National LLC d/b/a TollFreeDeals.com; SIP Retail d/b/a sipretail.com; and their owner/operators, Nicholas Palumbo, 38, and Natasha Palumbo, 33, of Scottsdale, Arizona. The defendants in the other case include Global Voicecom Inc., Global Telecommunication Services Inc., KAT Telecom Inc., aka IP Dish, and their owner/operator, Jon Kahen, 45, of Great Neck, New York. In each case, the Department of Justice sought an order immediately halting the defendants’ transmission of unlawful robocall traffic. A federal court has entered a temporary restraining order against the Global Voicecom defendants.
“Robocalls are an annoyance to many Americans, and those that are fraudulent and predatory are a serious problem, often causing devastating financial harm to the elderly and vulnerable members of our society,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “The Department of Justice will pursue to the fullest extent of the law individuals in the United States who knowingly facilitate imposter fraud calls, using both criminal and civil tools where appropriate. And we look forward to working closely with law enforcement colleagues in India and elsewhere around the world to identify those behind these calls so that we can bring them to justice.”
Americans have experienced a deluge of robocalls over the past several years. Many of the robocalls originate abroad. Recently, foreign fraudsters have used robocalls to impersonate government investigators and to provide Americans with alarming messages, such as: the recipient’s social security number or other personal information has been compromised or otherwise connected to criminal activity; the recipient faces imminent arrest; their assets are being frozen; their bank and credit accounts have suspect activity; their benefits are being stopped; they face imminent deportation; or combinations of these threats. Each of these claims is a lie, designed to scare the call recipient into paying large sums of money. Social Security imposters, IRS imposters, and tech-support schemes (in which callers impersonate legitimate technology companies) have proliferated in part because of the ease with which robocalls can reach millions of potential victims every hour.
In the cases announced today, the United States alleges that the defendants operated voice over internet protocol (VoIP) carriers, which use an internet connection rather than traditional copper phone lines to carry telephone calls. Numerous foreign-based criminal organizations are alleged to have used the defendants’ VoIP carrier services to pass fraudulent government- and business-imposter fraud robocalls to American victims. The complaints filed in the cases specifically allege that defendants served as “gateway carriers,” making them the entry point for foreign-initiated calls into the U.S. telecommunications system. The defendants carried astronomical numbers of robocalls. For example, the complaint against the owners/operators of Ecommerce National d/b/a TollFreeDeals.com alleges that the defendants carried 720 million calls during a sample 23-day period, and that more than 425 million of those calls lasted less than one second, indicating that they were robocalls. The complaint further alleges that many of the 720 million calls were fraudulent and used spoofed (i.e., fake) caller ID numbers. The calls facilitated by the defendants falsely threatened victims with a variety of catastrophic government actions, including termination of social security benefits, imminent arrest for alleged tax fraud and deportation for supposed failure to fill out immigration forms correctly.
According to allegations in both complaints, the defendants ignored repeated red flags and warnings about the fraudulent and unlawful nature of the calls they were carrying.
“We are using all available tools and resources to stop foreign call center scammers — and for the first time their U.S.-based enablers — from conning elderly and vulnerable victims in New York and throughout the United States,” said U.S. Attorney Richard Donoghue. “Protecting individuals from schemes that result in catastrophic losses to the victims is a priority of this Office and the Department of Justice.”
“Today’s events are the culmination of months of hard work, and a critical step in holding these and other companies accountable for being the link between overseas scammers and their victims,” said SSA Inspector General Gail S. Ennis. “We will continue to pursue those who exploit the U.S. telephone system and allow scammers to deceive consumers using the good name of Social Security. I want to thank the Department of Justice’s Transnational Elder Fraud Strike Force and our law enforcement partners for their support throughout this investigation.”
“Anyone who engages in deceptive practices like imposter fraud should know, regardless of where they are, they will not go undetected and will be held accountable,” said Chief Inspector Gary Barksdale. “We will continue to work alongside the Department of Justice and our other partners to prevent and deter ongoing harm.”
Trial Attorneys Ann Entwistle and Bart Dunn of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorneys Bonni Perlin, Evan Lestelle, and Dara Olds of the U.S. Attorney’s Office for the Eastern District of New York represent the United States. The SSA’s Office of Inspector General, the U.S. Postal Inspection Service, the Office of Inspector General for Tax Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations New York El Dorado Task Force, U.S. Secret Service, New York Police Department and U.S. Customs and Border Protection collectively provided investigative support. The Federal Trade Commission and the Federal Communications Commission provided pertinent data.
The claims made in the complaint are mere allegations that, if the case were to proceed to trial, the government must prove to receive a determination of liability.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, in March 2019, the department announced the largest elder fraud enforcement action in American history, charging more than 260 defendants in a nationwide elder fraud sweep. The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov.
Tax Preparer Sentenced to over Eight Years in Federal Prison for Tax Fraud SchemeRead the Press Release
Fort Myers, FL – U.S. District Judge Thomas Barber has sentenced Augustin Dalusma to eight years and one month in federal prison for filing false claims and tax fraud. The court also ordered Dalusma to pay $2,170,538.77 to the IRS in restitution.
Dalusma was found guilty by a federal jury on November 1, 2019, after a week-long trial.
According to evidence presented at trial, between 2012 and 2015, Dalusma falsified information in tax returns for at least 630 of his clients, fraudulently qualifying them for thousands of dollars in tax refunds that they were not lawfully entitled to collect. Additionally, Dalusma falsified his own tax returns from 2012 through 2014, significantly underreporting his own income to evade more than $30,000 in personal income tax in each of those years.
This case was investigated by Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Simon R. Eth and Trial Attorney Eyitayo St. Matthew-Daniel of the Justice Department’s Antitrust Division.
St. Petersburg Man Sentenced to over Twelve Years in Prison for Selling CocaineRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Shamon D. Heatly (37, St. Petersburg) to 12 years and 7 months in federal prison for selling cocaine.
Heatly had pleaded guilty on October 28, 2019.
According to court documents, an undercover law enforcement officer met with Heatly, at which time Heatly directed the officer to get into his car. There, Heatly sold the officer cocaine. At the time of the offense, Heatly had been previously convicted of numerous narcotics offenses, including multiple counts of possession and delivery of cocaine.
This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.
This investigation is also the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
South Florida Resident Sentenced to 20 Years in Prison for Selling Firearms to a Designated Foreign Terrorist Organization, the ELNRead the Press Release
MIAMI - Francisco Joseph Arcila Ramirez (Arcila), a Colombian national and South Florida resident was sentenced to 240 months in federal prison today by U.S. District Judge Jose E. Martinez for illegally selling firearms to the National Liberation Army (ELN), a designated Foreign Terrorist Organization and a violent paramilitary group operating in South America.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, Diane J. Sabatino, Director, Field Operations, U.S. Customs and Border Protection (CBP), Miami Field Office, Robert Cekada, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office made the announcement.
Arcila pled guilty to providing material support to a foreign terrorist organization October 17, 2019.
According to court records, on August 16, 2018, Arcila instructed two co-conspirators to illegally purchase six firearms in Miami-Dade County on Arcila’s behalf. These firearms included four Draco 7.62mm caliber AK-style pistols and two Zastava M92 7.62mm AK-style pistols. The firearms were then concealed in Husky air-compressors purchased by Arcila at a Miami-area Home Depot and shipped to Barranquilla, Colombia. This shipment also contained approximately one hundred AK-47 ammunition magazines.
On Sept. 5, 2018, Arcila attended a meeting in Colombia, where he met with an ELN weapons broker to discuss the sale of the six firearms Arcila had recently shipped into Colombia. In addition to agreeing to the sale of these six firearms, Arcila and the weapons broker further discussed other future sales, to include firearm magazines and firearm components in the coming months. At the conclusion of this meeting, the weapons broker provided approximately sixty million Colombian pesos as the purchase price for the firearms.
U.S. Attorney Fajardo Orshan commended the investigative efforts of FBI, CBP, ATF and ICE-HSI. This case was prosecuted by Southern District of Florida Assistant U.S. Attorneys Randy A. Hummel and Michael R. Sherwin, and by DOJ National Security Division Trial Attorney David Smith.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
South Florida Resident Sentenced to 20 Years in Prison for Selling Firearms to a Designated Foreign Terrorist OrganizationRead the Press Release
Francisco Joseph Arcila Ramirez (Arcila), a Colombian national and South Florida resident was sentenced to 240 months in federal prison today by U.S. District Judge Jose E. Martinez for illegally selling firearms to the National Liberation Army (ELN), a designated Foreign Terrorist Organization and a violent paramilitary group operating in South America.
John C. Demers, Assistant Attorney General for National Security, Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, Diane J. Sabatino, Director, Field Operations, U.S. Customs and Border Protection (CBP), Miami Field Office, Robert Cekada, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office made the announcement.
On Oct. 17, 2019, Arcila pleaded guilty to providing material support to a foreign terrorist organization.
According to court records, on Aug. 16, 2018, Arcila instructed two co-conspirators to illegally purchase six firearms in Miami-Dade County on Arcila’s behalf. These firearms included four Draco 7.62mm caliber AK-style pistols and two Zastava M92 7.62mm AK-style pistols. The firearms were then concealed in Husky air-compressors purchased by Arcila at a Miami-area Home Depot and shipped to Barranquilla, Colombia. This shipment also contained approximately one hundred AK-47 ammunition magazines.
On Sept. 5, 2018, Arcila attended a meeting in Colombia, where he met with an ELN weapons broker to discuss the sale of the six firearms Arcila had recently shipped into Colombia. In addition to agreeing to the sale of these six firearms, Arcila and the weapons broker further discussed other future sales, to include firearm magazines and firearm components in the coming months. At the conclusion of this meeting, the weapons broker provided approximately sixty million Colombian pesos as the purchase price for the firearms.
Assistant Attorney General Demers and U.S. Attorney Fajardo Orshan commended the investigative efforts of FBI, CBP, ATF and ICE-HSI. This case was prosecuted by Southern District of Florida Assistant U.S. Attorneys Randy A. Hummel and Michael R. Sherwin, and by the Department of Justice’s National Security Division Trial Attorney David Smith.
Sixth and Seventh St. Croix Women Plead Guilty in Multi-Defendant Tax Fraud SchemeRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced today that Nisha Brathwaite, age 38, and Darlene Thompson, age 37, both from the Virgin Islands and living on the mainland United States pled guilty on January 21, 2020 and January 24, 2020, respectively, to conspiracy to defraud the United States.
According to the plea agreement filed with the court, from January 2011 to July 2012, Brathwaite, Thompson and others participated in a scheme to steal money from the United States Treasury by fraudulently obtaining federal income tax refunds. The scheme involved the acquisition of personal identifying information used to electronically file falsified tax returns for tax years 2010 and 2011. According to court documents, Brathwaite, Thompson and eight co-conspirators filed tax returns in individuals’ true names and actual social security numbers and dates of birth but falsified the individuals’ income earned, tax withholding amounts, credits, and other information, and thereby claimed refunds to which they were not entitled. They designated bank accounts for receipt of the refunds, which, once received, they then withdrew and spent for personal use. As a result of the scheme, $35,555 was designated to Brathwaite’s bank account, of which $29,009 was actually deposited therein; further, $54,460 was designated to Thompson’s account of which $38,881 was actually deposited therein.
Of ten defendants charged in the tax fraud scheme, Brathwaite and Thompson are the sixth and seventh to plead guilty. Five others have entered guilty pleas one of whom has been sentenced. Sentencing dates for Brathwaite and Thompson have been set for May 21, 2020 and May 12, 2020 respectively. The remaining three defendants are pending a new trial date. Brathwaite and Thompson each face a maximum sentence of ten years and a $250,000 fine.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorneys Alphonso Andrews, Jr. and Melissa Ortiz.
Sioux Falls Man and Woman Indicted on Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man and woman have been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person, Possession of a Firearm by a Person Convicted of a Misdemeanor Crime of Domestic Violence, and Transfer of a Firearm to a Prohibited Person.
David Charles Peters, age 40, and Molly Lynn Lorang, age 50, were indicted on January 7, 2020. They appeared before U.S. Magistrate Judge Veronica L. Duffy on January 24, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each Defendant. Restitution may also be ordered.
The Indictment alleges that on or about October 6, 2019, Peters, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and having previously been convicted of a misdemeanor crime of domestic violence, knowingly possessed two firearms which had been shipped and transported in interstate commerce.
The Indictment also alleges that between July 5, 2019, and October 6, 2019, Lorang knowingly sold and otherwise disposed of a firearm to Peters, knowing that Peters had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and having previously been convicted of a misdemeanor crime of domestic violence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department's past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The charges are merely accusations and Peters and Lorang are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Both Peters and Lorang were released on bond pending trial which has been set for March 31, 2020.
Sioux Falls Man Sentenced to 30 Years in Federal Prison for Distributing Fentanyl that Caused an Overdose and for Retaliating Against a WitnessRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of one count of distribution of a controlled substance resulting in serious bodily injury and one count of obstructing justice by retaliating against a witness, victim or informant and aiding and abetting was sentenced on January 28, 2020, by U.S. District Judge Karen E. Schreier.
Jacob Francis Lottman, age 27, was sentenced to 300 months in federal prison for the distribution count and 60 months in federal prison for the obstruction count, to be served consecutively, followed by 3 years of supervised release on each count, to be served concurrently. He was also ordered to pay $200 to the Federal Crime Victims Fund.
According to the court documents, Lottman knowingly and intentionally distributed fentanyl, a controlled substance, resulting in the serious bodily injury of a victim in Sioux Falls, who overdosed on the fentanyl sold to him. The overdose victim was revived by first responders with a dose of Naloxone, commonly known as Narcan, which prevented his death.
In addition, following his indictment and arrest on the fentanyl charge, Lottman, along with Reymundo Sauceda and Juan Chavez-Benitez, knowingly engaged and attempted to engage in conduct which caused bodily injury to a witness, with the intent to retaliate against that witness for information given by the witness to law enforcement relating to the commission of a federal offense. The witness was beaten while also in custody on federal charges.
In connection with the beating, Sauceda was sentenced on December 7, 2019, to 60 months in federal prison and Chavez-Benitez was sentenced on November 4, 2019, to 24 months in federal prison for their involvement.
This case was investigated by the Drug Enforcement Administration, the Sioux Falls Area Drug Task Force, the Sioux Falls Police Department, and the Minnehaha County Sheriff’s Office. Assistant U.S. Attorneys John Haak and Connie Larson prosecuted the cases.
Lottman was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 27, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Marques Smith, a/k/a CC, age 37, was sentenced to 235 months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Smith was indicted by a federal grand jury on March 12, 2019, and a Superseding Indictment was filed on October 16, 2019. He was found guilty after a three-day jury trial commencing on October 22, 2019.
The conviction stemmed from a conspiracy beginning around January 1, 2011, and continuing to October 11, 2017. Smith knowingly and intentionally conspired with others to distribute and possess with intent to distribute over 500 grams of methamphetamine in South Dakota. The trial testimony showed the conspiracy involved distributing methamphetamine in Sioux Falls and on the Crow Creek, Lower Brule, and Rosebud Sioux Indian Reservations. Smith and his co-conspirators traveled to Kansas City, Missouri; Colorado Springs, Colorado; Minneapolis, Minnesota; and Grand Island, Nebraska, to acquire methamphetamine, which would be distributed in South Dakota.
This case was investigated by the Bureau of Indian Affairs - Division of Drug Enforcement, South Dakota Highway Patrol, Rosebud Sioux Tribe Law Enforcement Services, Sioux Falls Police Department, Minnehaha County Sherriff’s Office, Pierre Police Department, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Smith was immediately remanded to the custody of the U.S. Marshals Service.
Sioux City Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 27, 2020, to 7 years in federal prison.
Bradley McPeek, Sr., 60, from Sioux City, Iowa, received the prison term after an August 19, 2019, guilty plea to conspiring to distribute methamphetamine within a protected location.
At the guilty plea hearing, McPeek admitted that from about July, 2017 through December, 2018 he participated in the distribution of more than 1.5 kilograms of methamphetamine in Sioux City. McPeek admitted that his conspiracy involved two people who regularly traveled to Omaha, NE, obtained multiple ounces up to pounds of methamphetamine, and brought it back to McPeek’s residence in Sioux City where it was split up and distributed to others. McPeek’s residence was within 1000 feet of Cook Park and he and others often had guns at the residence.
McPeek was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. McPeek was sentenced to 84 months’ imprisonment. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system. McPeek 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 Shawn S. Wehde and was 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 19-4003. Follow us on Twitter @USAO_NDIA.
Seventh Defendant Sentenced in Million Dollar Tax Refund SchemeRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida; Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI); and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office announced that on January 23, 2020, a defendant involved in a tax refund fraud scheme was sentenced in the Southern District of Florida. The scheme involved the filing of fraudulent income tax returns containing false W-2Gs, claiming false gambling winnings, withholdings, and losses, and seeking large-dollar tax refunds.
Eldrick Wendell Wooding, Sr., 64, of Opa Locka, Florida, received a prison term of 46 months, to be followed by three years of supervised release, and was ordered to pay joint and several restitution of $107,421 to the IRS. According to court documents, from October 2011 through April 2013, Wooding conspired with Freddie Howard to defraud the United States by preparing and submitting false and fraudulent federal tax returns and other tax-related documents to the lRS in order to induce the IRS to disburse tax refunds to which he was not entitled. In October 2019, a jury found Wooding guilty of conspiracy to defraud the United States. This case was prosecuted by Assistant U.S. Attorneys Daya Nathan and Eli Rubin.
Six other defendants were previously sentenced in the Southern District of Florida in relation to filing fraudulent income tax returns containing false gambling information. In general, these fraudulent returns included a fake Form W-2G claiming gross gambling winnings and federal tax withholdings on the winnings. The returns also claimed false gambling losses, which were used to offset the purported income from gambling winnings, thereby generating a claimed refund. The IRS determined the federal income tax returns were false and the claimed gambling winnings, withholdings, and losses were fraudulent. The fraudulent misrepresentations on the tax returns resulted in a loss to the IRS.
On August 28, 2018, Anthony Dwight Charles Box, 57, of Plantation, Florida, was sentenced to 36 months in prison, to be followed by three years of supervised release, and was ordered to pay restitution of $988,175 to the IRS.
On May 1, 2019, Gerald Jerome Spate, 50, of Miramar, Florida, was sentenced to 24 months in prison, to be followed by three years of supervised release, and was ordered to pay joint and several restitution of $421,684.50 to the IRS.
On April 26, 2019, Jean Daniel Julien, 38, of Lauderhill, Florida, was sentenced to 18 months in prison, to be followed by three years of supervised release, and was ordered to pay joint and several restitution of $1,547,197 to the IRS.
On May 15, 2019, Ralph Dorsainvil, 63, of Boca Raton, Florida, was sentenced to 18 months in prison, to be followed by three years of supervised release, and was ordered to pay joint and several restitution of $335,466.72 to the IRS.
On November 20, 2019, David Sage, a/k/a “Nima Nafei,” 40, of Las Vegas, Nevada, was sentenced to 18 months in prison, to be followed by three years of supervised release, and was ordered to pay joint and several restitution of $278,149 to the IRS.
On July 24, 2019, Ron Pinke Leonard, 53, of West Palm Beach, Florida, was sentenced to four years of probation, and was ordered to pay joint and several restitution of $52,542.85 to the IRS.
These other cases were prosecuted by Assistant U.S. Attorney Daya Nathan.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the IRS-CI and the FBI in this matter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
San Francisco Director of Public Works and Restauranteur Charged with Public CorruptionRead the Press Release
SAN FRANCISCO – San Francisco Director of Public Works Mohammed Colin Nuru and restauranteur Nick James Bovis have been charged in a criminal complaint with honest services wire fraud in connection with an alleged scheme to bribe a San Francisco Airport Commissioner, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett of the San Francisco Division.
According to the complaint filed January 16, 2020, Nuru, 58, of San Francisco, and Bovis, 57, of San Mateo, engaged in a scheme to bribe an unnamed San Francisco Airport Commissioner with cash and free travel in exchange for the commissioner’s assistance to win a bid for the right to run a restaurant in the San Francisco International Airport (SFO).
“The complaint describes a web of corruption involving bribery, kickbacks, and side deals by one of San Francisco’s highest-ranking city employees,” said U.S. Attorney Anderson. “The public is entitled to honest work from public officials, free from manipulation for the official’s own personal benefit and profit.”
“Government employees are entrusted and expected to protect the best interests of the American public with integrity. When that trust is betrayed, the security and stability of our government is put at risk,” said Special Agent in Charge Bennett. “The FBI will continue to investigate and hold accountable any public official who utilizes their position for personal gain.”
As part of the scheme, the defendants allegedly violated several rules relating to the bidding process for concessions at the airport. The five-person San Francisco Airport Commission awards leases from time to time that grant the right for vendors to operate businesses at the airport. For many businesses, the Airport Commission is required by law to allow vendors to bid competitively for opportunities, and then to select the vendor with the highest or best bid of all submitted proposals. Additional rules generally prohibit commissioners from communicating with vendors who have submitted bids until after a decision has been made. In this case, Nuru and Bovis are alleged to have violated rules requiring a fair competitive bidding process.
According to the complaint, Bovis is affiliated with a company that submitted a bid for a lease to provide concessions at SFO. The defendants allegedly then took steps to rig the bid. The complaint describes how the defendants met with an airport commissioner in hopes of influencing the members of the Airport Commission to award the contract to the Bovis-affiliated company. Further, the complaint describes how the defendants allegedly planned to offer the airport commissioner $5,000 and free travel, in exchange for the commissioner’s assistance to win the bid for the lease. Nuru allegedly hoped to receive benefits later by assisting Bovis and others to get the airport contract. Specifically, the complaint states Nuru mentioned to the concessioners his role as the Chair of the Joint Transbay Transit Authority (TJPA) and shared confidential information from the project to suggest that he (Nuru) would be able to direct contracts to the concessioners. In the end, however, the complaint explains that the defendants did not win the lease for the airport concessions.
The complaint further alleges several additional schemes engaged in by the defendants as evidence of their corrupt intent and modus operandi. These other schemes include: 1) Nuru using his official position to benefit a billionaire in China who was developing a large multimillion dollar mixed-use project in San Francisco, in exchange for travel and lodging, high-end liquor, and other gifts and benefits; 2) Nuru attempting to use his position as the chair of the TJPA to secure a desirable lease for Bovis in the Transbay Transit Center, in exchange for benefits provided by Bovis; 3) Nuru providing Bovis with inside information on city projects regarding portable bathroom trailers and small container-like housing units for use by the homeless, so that Bovis could win contracts for those projects; and 4) Nuru obtaining free and discounted labor and construction equipment from contractors to help him build a personal vacation home in Colusa County, California, while those contractors were also engaging in business with the City.
The complaint charges both Nuru and Bovis with one count of committing honest services wire fraud, in violation of 18 U.S.C. §§ 1343 and 1346.
The defendants were arrested yesterday and made their initial federal appearances before U.S. Magistrate Judge Sallie Kim this afternoon. The defendants have been arraigned and released, each on $2 million bond. Magistrate Judge Kim scheduled appearances for both defendants on February 6, 2020, at 11:30 a.m.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the charge, the defendants each face a maximum statutory sentence of 20 years in prison. Additional fines, penalties, and terms of supervised release also may be ordered; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution is being handled by the Office of the U.S. Attorney, Northern District of California’s new Corporate Fraud Strike Force and is the result of an investigation by the FBI.
Reedley Man Sentenced to 19 Years in Prison for Drug and Gun ChargesRead the Press Release
FRESNO, Calif. — Netzahualcoyotl Cerna, 40, of Reedley, was sentenced Monday by U.S. District Judge Dale A. Drozd to 19 years in prison for carrying a firearm during and in relation to a drug trafficking crime, possession of methamphetamine with the intent to distribute it, and being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Cerna was apprehended in Reedley on April 8, 2019. Cerna, a convicted felon, was wanted for violations of parole at the time of his arrest. Officers located a loaded firearm and approximately 121 grams of methamphetamine on his person. Cerna admitted to law enforcement after his arrest that he intended to sell the methamphetamine to make money and that he was carrying the firearm for protection because gang members were trying to tax his drug proceeds. On Oct. 23, 2019, a federal jury found Cerna guilty.
This case was the product of an investigation by the Drug Enforcement Administration, the California Department of Corrections and Rehabilitation, and the Reedley Police Department. Assistant U.S. Attorneys Katherine Schuh and Kathleen Servatius prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
Prison Guards Sentenced in Aryan Brotherhood Methamphetamine Distribution RingRead the Press Release
OKLAHOMA CITY – MICAH LYNNE WASCHER, 37, and TRAVIS EUGENE WASCHER, 43, both of Canute, Oklahoma, were sentenced earlier today for their roles in distributing methamphetamine for incarcerated leaders of the Universal Aryan Brotherhood (UAB), announced U.S. Attorney Timothy J. Downing.
U.S. District Judge Patrick Wyrick sentenced Micah Wascher to a term of imprisonment for 96 months, and Travis Wascher to a term of 30 months for his involvement. The Court also imposed a term of 5 years supervised release for Micah Wascher and a term of 2 years supervised release for Travis Wascher.
"Today’s sentence shows that no one is above the law, even those who are supposed to enforce it," said U.S. Attorney Downing. "I am pleased with the work of state corrections officials, and state and federal law enforcement to ensure Oklahoma’s prisons are free of this sort of corruption."
On September 19, 2019, Travis Wascher pleaded guilty to a superseding information alleging possession with intent to distribute methamphetamine. On September 26, 2019, Micah Wascher pleaded guilty to Count 2 of the original indictment alleging possession with intent to distribute methamphetamine.
The Waschers were, at the time of the offenses, Correctional Officers at the North Fork Correctional Facility in Sayre, Oklahoma. In late 2018, Ms. Wascher began smuggling methamphetamine and contraband cell phones into the prison at the direction of UAB members in exchange for money and narcotics for her personal use. Additionally, Ms. Wascher transferred and managed drug proceeds for various UAB members using Green Dot prepaid cards, as well as other payment methods such as PayPal and Walmart Pay. Several months later, during Spring 2019, Ms. Wascher involved her husband Travis Wascher in the scheme to smuggle the narcotics and phones into the prison.
This case was the result of an investigation by the U.S. Homeland Security Investigations, the Oklahoma Department of Corrections—Security Threats Intelligence, the Oklahoma District Attorney’s Drug Task Force for District 2. Assistant U.S. Attorneys Jason Harley and Nicholas J. Patterson prosecuted the case.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Previously Removed Indian National Charged with Illegally Reentering the United StatesRead the Press Release
St. Thomas, USVI – Keyur Hirenbhai Patel, a citizen of India, was charged with illegally reentering the United States. Keyur Hirenbhai Patel made his initial appearances before U.S. District Judge Curtis Gomez on Thursday. After preliminary and detention hearings on Friday, U.S. Magistrate Judge Ruth Miller ordered Keyur Hirenbhai Patel detained.
The complaint alleges that Customs and Border Patrol officers encountered Keyur Hirenbhai Patel at the Red Hook ferry dock in St Thomas. The officers conducted immigration inspections and determined that Keyur Hirenbhai Patel was not in possession of any documentation which allowed him to be in or to enter the United States. The officers proceeded to detain him and transport him to the Cyril E. King Airport for further inspection. According to court documents, record checks conducted by Immigration and Customs Enforcement officers revealed that Keyur Hirenbhai Patel was previously ordered removed from the United States on October 29, 2018, and neither the Secretary of Homeland Security nor the Attorney General has expressly consented to his reapplying for admission.
This case is being investigated by Homeland Security Investigations and CBP Air and Marine, and is being prosecuted by Assistant United States Attorney Adam Sleeper.
United States Attorney Shappert reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Previous sex offender convicted againRead the Press Release
HOUSTON - A 45-year-old Southwest Houston man has been convicted of sexual exploitation of a child aka production of child pornography, announced U.S. Attorney Ryan K. Patrick.
Reginald Desean Love aka Tru admitted he recorded a video of a minor female performing oral sex on him.
In September 2017, a 15-year-old girl contacted authorities and gave them a cell phone that contained the video Love made depicting the sex act. Law enforcement conducted a search on two rooms at a local Motel 6 where they discovered another juvenile girl performing oral sex on an adult male.
Love was previously convicted in 2010 of felony indecency with a 14-year-old girl. As part of his sentence, he was ordered to register as a sex offender.
U.S. District Judge Sim Lake accepted Love’s guilty plea today and set sentencing for April 24, 2020. At that time, he faces a minimum of 25 and up to 50 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Love also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the internet. He is also expected to have to again register as a sex offender.
Love has been and will remain in custody pending his sentencing hearing.
The Texas Department of Public Safety conducted the investigation.
Assistant U.S. Attorneys Carrie Wirsing and Jill J. Stotts are prosecuting 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.
Pleasant Hills Man Charged with Defrauding Social SecurityRead the Press Release
PITTSBURGH - One resident of Pleasant Hills, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Social Security fraud, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Michael T. Onder, 50, as the sole defendant.
According to the Indictment, from in and around July 2010 and continuing thereafter to in and around February 2016, Onder knowingly received and converted Supplemental Security Income benefits to which he knew he was not entitled, in an amount exceeding $1,000.00.
The law provides for a maximum total sentence of not more than five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Charles A. Eberle is prosecuting this case on behalf of the government.
The Social Security Administration – Office of Inspector General conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Plea Agreement: Lenexa Company Lost More than $685,000 to FraudRead the Press Release
KANSAS CITY, KAN. – A North Carolina man pleaded guilty today to a fraud in which a Lenexa company he worked for spent more than $685,000 to buy electrical and wire cable that the man sold to another company and pocketed the money, U.S. Attorney Stephen McAllister said.
Coe Downing, 48, Charlotte, N.C., pleaded guilty to one count of mail fraud. In his plea, he admitted the crime took place while he worked as a project manager for Lenexa-based Wachter, Inc. Downing placed orders for electrical and wire cable from Anixter, Inc., one of Wachter’s suppliers. Wachter paid for the materials by sending a check to Anixter in Texas. Meanwhile, Downing sold the cable to another company, Cabling Systems Supply, Inc. (CSSI) and kept the money.
In the plea agreement, Downing agreed to pay restitution of $25,000 to Wachter, Inc., and $660,323 to Wachter’s insurer, Federal Insurance Company.
Sentencing is set for April 21. He could face a penalty of up to 20 years in federal prison and a fine up to $250,000. The U.S. Postal Inspection Service – Office of Inspector General, investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Plan to Steal Guns in Iowa and Sell Them in Chicago Lands Sioux City Man in Federal PrisonRead the Press Release
A Sioux City man was sentenced January 23, 2020, to more than three years in federal prison.
Antwon Holeyfield, age 25, from Sioux City, Iowa, received the prison term after an August 12, 2019, guilty plea to one count of conspiracy to possess stolen firearms and one count of possession of stolen firearms.
Information presented by the United States at the detention, change of plea, and sentencing hearings revealed, on November 26, 2018, Holeyfiled and others burglarized a rural Woodbury County, Iowa, home and sold guns stolen from that home to people in at least two other states. The guns were concealed until about February 16, 2019, when they were sold, traded or given to people from Iowa, Illinois, and South Dakota. Firearms were recovered in Sioux City, Iowa, rural South Dakota, and Chicago, Illinois.
Holeyfield was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Holeyfield was sentenced to 42 months’ imprisonment. He was ordered to make $7,522.75 in restitution. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Holeyfield is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4027.
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Pierre Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 27, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Nicole Marie Hopkins, age 35, was sentenced to 120 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hopkins was indicted by a federal grand jury on May 14, 2019. She pled guilty on November 4, 2019.
The conviction stemmed from a conspiracy beginning in the fall of 2018 and continuing through May 2019, in the District of South Dakota and elsewhere, in which Hopkins, her boyfriend Nathan Thoe, and others, intentionally distributed and possessed with intent to distribute between 500 grams and 1.5 kilograms of methamphetamine, a Schedule II controlled substance.
During the course of the conspiracy, Hopkins and Thoe made numerous trips to Colorado to obtain methamphetamine. Thoe routinely carried a firearm on these trips. On the last trip in January 2019, Thoe and Hopkins were pulled over at a rest stop on I-90 near White Lake, South Dakota. Thoe disregarded commands to comply and reached for a handgun on the back of his hip and was shot and killed by law enforcement officers. At her feet, Hopkins had two BB guns that resembled handguns, which she stated, were for going out “Bonnie and Clyde style.” As a result of the stop, officers recovered 18 grams of methamphetamine.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, the Pierre Police Department, the Stanley County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Meghan N. Dilges prosecuted the case.
Hopkins was immediately turned over to the custody of the U.S. Marshals Service.
Picayune Woman Pleads Guilty to Drug ChargesRead the Press Release
Gulfport, Miss. – Angel Christine Labauve, 40, of Picayune, Mississippi, pled guilty today before Senior U.S. District Judge Louis Guirola to conspiracy to possess with intent to distribute heroin, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Labauve will be sentenced by Judge Guirola on April 29, 2020 at 1:30 p.m. She faces a maximum penalty of 20 years in prison and up to $1,000,000 in fines.
In July, 2018, an individual made 4 purchases of heroin and cocaine from Labauve at her home in Picayune. Labauve sold a total of 1.5107 grams of heroin, some of which contained Fentanyl, for $350. She also sold an ounce of cocaine for $800.
The Bureau of Alcohol Tobacco and Firearms investigated the case. It is being prosecuted by Assistant United States Attorney Annette Williams.
Philadelphia Armed Robber Found Guilty at Trial of Two Robberies, ShootingsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Michael Hughes, 31, of Philadelphia, PA, was convicted today at trial of two counts of robbery which interferes with interstate commerce, and two counts of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence arising from two armed robbery and shooting incidents in August 2016.
In November 2017, Hughes and his co-defendant, Nashadeem Henderson, were charged in a five-count Indictment. The charges stem from Henderson’s and Hughes’s participation in an armed robbery and shooting of a marijuana dealer in the area of 2600 Allegheny Avenue in Philadelphia; and an armed robbery and shooting of a pizza deliveryman employed by Mimmo’s Pizza in the area of 3000 North Taney Street in Philadelphia. Henderson pleaded guilty prior to the trial.
“The defendants in this case had no regard for the lives of their victims – shooting at them indiscriminately, which could have easily killed them,” said U.S. Attorney McSwain. “Philadelphia is in the midst of a public safety crisis, with alarming rates of homicides and shootings. This crisis will not be solved by pretending that it does not exist or by coddling violent criminals. It will be solved through accountability for violent acts, and my Office is doing everything it can to investigate and aggressively prosecute violent crimes like those here.”
“Two armed robberies and two victims shot, in just five days,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “And had Hughes and his accomplice not been stopped, it’s no stretch to imagine what further mayhem they might’ve caused. It’s incredibly fortunate no one was killed by these two, so willing to use violence as a means to their criminal end. The FBI Violent Crimes Task Force will continue to investigate and bring to justice those who consider armed robbery a reasonable way to make themselves some money.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Amanda Reinitz and Roberta Benjamin.
Parmelee Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession of a Firearm in a School Zone.
Justin Whiting, age 19, was indicted on January 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 27, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 5, 2019, Whiting, knowing he was an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm. The Indictment further alleges that Whiting possessed the firearm on the grounds of St. Francis Indian School.
The charges are merely accusations and Whiting is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Whiting was released on bond pending trial. A trial date has not been set.
Parkersburg Man Pleads Guilty to Drug OffenseRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty to a drug crime, announced United States Attorney Mike Stuart. Keith Saunders, 39, pled guilty to distribution of a quantity of methamphetamine.
“Saunders was selling roughly a half a pound of meth every week,” said United States Attorney Mike Stuart. “Meth now plagues West Virginia communities and we are committed to holding drug dealers accountable.”
Saunders admitted that on two separate occasions in 2017, he met with confidential informants working with the Parkersburg Police Department and sold the informants methamphetamine. On October 29, 2019, Saunders admitted that he sold heroin to a confidential informant again working with the Parkersburg Police Department. On October 30, 2019, a state search warrant was executed at Saunders’ home where ammunition in addition to several digital scales were located. Saunders admitted to being addicted to methamphetamine for several years and told investigators that he sold approximately half a pound of methamphetamine a week in order to support his drug addiction.
Saunders faces up to 20 years in prison when sentenced on April 23, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
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Op-Ed: Congress Needs to Take Action on Fentanyl Legislation to Save LivesRead the Press Release
By:
Geoffrey S. Berman, U.S. Attorney for the Southern District of New York, Richard P. Donoghue, U.S. Attorney for the Eastern District of New York, Grant C. Jaquith, U.S. Attorney for the Northern District of New York, and
James P. Kennedy, Jr., U.S. Attorney for the Western District of New YorkFentanyl, while providing great help and hope to those suffering from chronic pain throughout the United States, has also been the cause of tragic suffering and death for hundreds of thousands of people.
Synthetic opioids such as fentanyl and its chemical variants or analogues are significantly more potent and lethal than heroin. Carfentanil, for example, is an analogue of fentanyl that is approximately 100 times more potent than fentanyl and approximately 1,000 times more potent than heroin. Its commercial uses include serving as a tranquilizer for large animals such as elephants and rhinoceroses. Even the tiniest amount of a fentanyl analogue – just a few grains, less than an eighth the size of a penny – can be fatal to humans.
Over the past decade, each of our offices has charged large-volume illegal distributors of potentially lethal fentanyl. And yet, the death toll continued to rise because drug trafficking cartels responded to our enforcement efforts by manufacturing equally and even more dangerous analogues of fentanyl.
To address this deadly trend, the Drug Enforcement Administration (DEA) began using its scheduling authority – that is, its authority to designate substances as illegal narcotic drugs – to criminalize the distribution of particular synthetic analogues of fentanyl. The response of criminal syndicates, motivated by the high profitability of the trade in potentially lethal fentanyl analogues, was to alter the formulation of a particular prohibited analogue so that it fell outside the ban, which could sometimes be accomplished by changing a single molecule in the drug’s chemical composition.
Each time that new formulation was prohibited, the criminal producers would come up with a new analogue with a chemical formula that again fell outside the ban.
In February 2018, the DEA instituted a two-year ban on all fentanyl analogues to obviate the continual race to keep up with criminal producers. That ban has played an essential role in each of our offices’ efforts to combat the opioid epidemic, and to prosecute large-scale distributors responsible for peddling deadly fentanyl analogues in our communities.
Unfortunately, the DEA ban on fentanyl analogues will end on February 6 unless Congress acts. We urge Congress to pass a bill that ensures the permanent class-wide scheduling of fentanyl analogues. We are confident Congress can accomplish this without impeding responsible medical research or interfering with medically necessary prescriptions.
A number of organizations have voiced opposition to the proposed legislation, pointing out, among other things, that the bill does not embrace public health approaches to the overdose crisis.
We agree that a comprehensive approach to the opioid crisis is needed, and permanent class-wide scheduling should be viewed as part of a broader program. But a bill banning fentanyl analogues should not be opposed because it doesn’t also address addiction treatment. Outlawing fentanyl analogues will save lives.We urge Congress to make permanent the DEA’s temporary scheduling order for fentanyl analogues.
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Ohio man admits to cocaine distributionRead the Press Release
WHEELING, WEST VIRGINIA – Keith Frazier, of Columbus, Ohio, has admitted to drug distribution, U.S. Attorney Bill Powell announced.
Frazier, also known as “KK,” age 43, pled guilty to one count of “Distribution of Cocaine Base within 1000 feet of a Protected Location.” Frazier admitted to selling cocaine near Luau Manor in Ohio County in March 2019.
Frazier faces at least one and up to 40 years incarceration and a fine of up to $2,000,000. 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 Shawn M. Adkins is prosecuting the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Ohio Resident Charged with Jan. 15 Robinson Township Bank RobberyRead the Press Release
PITTSBURGH, PA - A former resident of Wintersville, Ohio, has been indicted by a federal grand jury in Pittsburgh on a charge of armed bank robbery, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Montague Howard, 40, as the sole defendant.
According to the Indictment, on Jan. 15, 2020, Howard entered the First Commonwealth Bank, located at 198 Park Manor Drive, Pittsburgh, PA 15205, pointed what appeared to be a firearm at the tellers, and stole $8,583.00 in United States currency. Later that day, Howard was apprehended in Wintersville, Ohio with the assistance of the Wintersville Police Department.
The law provides for a maximum total sentence of 25 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Howard remains incarcerated pending the resolution of the case.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Robinson Township Police Department, and the Wintersville, Ohio Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Nurse Given Prison Sentence for Drug Theft and TamperingRead the Press Release
A nurse who tampered with drugs given to patients and stole pain medications from patients in her care was sentenced today to 4 years in federal prison.
Katie Louise Boll, age 31, from Manchester, Iowa, received the prison term after a September 3, 2019, guilty plea to one count of tampering with a consumer product, specifically liquid morphine prescribed to a patient, and one count of acquiring a controlled substance by misrepresentation, fraud, deception and subterfuge.
In a plea agreement, Boll admitted she unlawfully acquired controlled substances including hydrocodone, morphine, oxycodone, codeine, and tramadol, from at least fourteen patients in her care at a nursing home by acquiring the pills by misrepresentation, fraud, deception and subterfuge. Boll also admitted tampering with a consumer product by diluting liquid morphine with mouthwash so the morphine was less than 2% of the strength listed on the bottle. Boll admitted that by reducing the strength of this pain medication was in reckless disregard and manifested an extreme indifference for the risk that her patient would be placed in danger of receiving bodily injury, including increased pain.
Boll was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Boll was sentenced to 48 months’ imprisonment. She was ordered to make $593.22 in restitution to the victims in her case, including Medicare, Medicaid and individual victims for the cost of the stolen drugs. She was also ordered to forfeit her nursing license. Boll must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
“Unscrupulous healthcare providers who steal patient medications hurt those vulnerable patients they have promised to help. This office will always stand ready to protect our most vulnerable members of society,” said United States Attorney Peter E. Deegan, Jr. “We especially thank the Food and Drug Administration Office of Criminal Investigations and the Iowa Medicaid Fraud Control Unit for their outstanding work investigating these cases.”
“Patients must have confidence in their health care provider that they are receiving appropriate medical care,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We are committed to working with our law enforcement partners to protect the public health and bring to justice those who tamper with medications and deny patients access to the treatments they need.”
Boll is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick Reinert and was investigated by the Medicaid Fraud Control Unit of the Iowa Department of Inspections and Appeals and the United States Food and Drug Administration Office of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2044.
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North Side Felon Charged with Illegally Possessing Heroin, a Gun and AmmunitionRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count Indictment named Aaron Gale, 26, as the sole defendant.
According to the Indictment, on or about January 16, 2020, Gale possessed with the intent to distribute 100 grams or more of heroin, a Schedule I controlled substance. Gale, being a convicted felon, illegally possessed a SIG Sauer P226 9mm pistol and ammunition in furtherance of the drug trafficking crime. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year to possess a firearm or ammunition.
The law provides for a maximum total sentence of life in prison, a fine not to exceed $8,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Nine Indicted in Clarksville Drug Distribution ConspiracyRead the Press Release
NASHVILLE, Tenn. – January 28, 2020 – Nine persons have been indicted by a federal grand jury and charged with conspiracies to distribute heroin, fentanyl and cocaine in the Clarksville, Tennessee area, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. The indictments, the last of which were unsealed today, are the result of a joint investigation by local, state and federal law enforcement agencies, which began in 2018 after a series of overdoses, including overdose deaths in the area.
The indictments were returned on December 19, 2019, after the investigation resulted in a number of controlled buys by law enforcement and the subsequent seizure of additional quantities of heroin, fentanyl, cocaine and marijuana; several firearms; and drug paraphernalia used in the packaging and distribution of illegal drugs.
According to the indictments and other documents filed with the court, the conspiracy at times involved the distribution of more than one kilogram of heroin, causing bodily injury to another, by one or more of the defendants and more than 40 grams of fentanyl and more than 100 grams of heroin and fentanyl, by others, in the Clarksville area, including Springfield, Tennessee and Oak Grove, Kentucky. Court documents also indicate that one or more of the defendants may have been responsible for the distribution of more than 50 kilograms of heroin.
If convicted, the defendants face a minimum of five years and some face up to life in prison.
Those charged are:
Crystal Fruin, 32; Conley Johnson, 31; Colin McClain, 36; Delvin Samuels, 31; Randolph Scott, 36; Joshua Shandle, 30; Christopher Strickland, 48, all of Clarksville; and Tranisha Mitchell, 38, and Dewayne Strickland, 50, both of Detroit, Michigan.
All defendants are in custody with the exception of Colin McClain and Conley Johnson. They are fugitives and remain at large. Anyone with information on their whereabouts should call the Clarksville Police Department at 931-648-0656 or the ATF at 615-565-1400.
This case is being investigated by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Tennessee Bureau of Investigation; the Clarksville Police Department; the Montgomery County Sheriff’s Office; the 19th Judicial District Drug Task Force; the Oak Grove, Kentucky Police Department; and the Christian County Kentucky Sheriff’s Department.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
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New Jersey Man Sentenced for Smuggling over 1,000 Illegally Collected Box Turtles from OklahomaRead the Press Release
A New Jersey man was sentenced Tuesday in federal court to conspiring with others to purchase, transport and sell more than 1,000 box turtles that were unlawfully collected from the state of Oklahoma, announced U.S. Attorney Trent Shores.
Chief U.S. District Judge John E. Dowdell sentenced William T. Gangemi, 27, of Freehold, New Jersey, to two years of probation. The Court also ordered Gangemi pay $250,000 in restitution to the Oklahoma Department of Wildlife Conservation and a $100,000 fine to the U.S. Fish and Wildlife Service.
“Gangemi was part of a syndicate of wildlife smugglers that exchanged three-toed and western box turtles back and forth between the United States and China. I can’t say that I ever expected we’d be announcing a turtle smuggling prosecution, but I’ve learned just how prevalent this criminal enterprise is globally and the detrimental impact it has on our wildlife population in Oklahoma, not just today but for future generations,” said U.S. Attorney Trent Shores. “I’m proud of this case and the result it achieved to better protect Oklahoma wildlife. The U.S. Fish and Wildlife Service teamed up with the Oklahoma Department of Wildlife Conservation to investigate this case from Oklahoma to New Jersey. Their hard work is to be commended.”
“This case is an excellent example of how state and federal law enforcement agencies work together to combat the illegal wildlife trade," said Phillip Land, a Special Agent in Charge for the U.S. Fish and Wildlife Service. "We will vigorously investigate wildlife crime in Oklahoma and in our great nation to hold traffickers accountable and protect imperiled species for future generations. We would like to thank the Oklahoma Department of Wildlife Conservation and the U. S. Attorney's Office for their assistance with this case."
From May 1, 2017 to May 31, 2018, Gangemi knowingly facilitated the purchase and transport of unlawfully collected three-toed and western (ornate) box turtles from Oklahoma to New Jersey in order to sell them for profit.
By smuggling the turtles, Gangemi violated the Lacey Act, a federal law which makes it a felony to engage in the sale or purchase of protected wildlife with a market value in excess of $350 knowing that the wildlife was taken, possessed, transported or sold in violation of laws or regulations of any state. In Oklahoma, the collection of both types of box turtles for commercial purposes is against the law. Box turtles reach sexual maturity at approximately 10 years of age and have a high nest and juvenile mortality rate. Due to these factors, the harvest of the turtles can have highly detrimental effects on populations.
The United States Fish and Wildlife Service, the Oklahoma Department of Wildlife Conservation and the U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Ryan M. Roberts prosecuted the case.
NDTX Round-Up January 28Read the Press Release
GUILTY PLEA – DANIEL SANCHEZ-MENDOZA
On January 21, Daniel Sanchez-Mendoza, 27, pled guilty to possession with the intent to distribute methamphetamine. Sanchez-Mendoza was pulled over by law enforcement for a traffic violation, and after consenting to a search, was found to be in possession of methamphetamine and heroin. In a later warranted search of Sanchez-Mendoza’s home, law enforcement found heroin, methamphetamine, cocaine, and three firearms within the apartment. Another firearm and part of an assault rifle were found in a storage unit used by Sanchez-Mendoza. He faces up to 20 years in federal custody. This case was investigated by the Drug Enforcement Administration and the Dallas Police Department and is prosecuted by AUSA Linda Requenez.
SENTENCING – KHAKI CAEKAERT
On January 14, Khaki Caekaert, 63, was sentenced to 9 years in federal custody for possession with the intent to distribute methamphetamine. Caekaert was found to be in possession of a kilogram of methamphetamine and 1.5 kilograms of heroin in his store located on Fuller Drive in Dallas. He also possessed 13 firearms and 3 explosive devices at this location. Law enforcement estimated that Caekaert had sold an ounce of methamphetamine each week for the two years prior to his arrest. This case was investigated by the Federal Bureau of Investigation and prosecuted by AUSA PJ Meitl.
GUILTY PLEA – KARA LAMPKIN
On January 21, Kara Lampkin, 36, pled guilty to conspiracy to use a facility of interstate commerce in aid of a racketeering enterprise. Lampkin managed Relax2013, a brothel, at the direction of Jason Vo. She posted online advertisements to recruit sex workers, scheduled appointments, vetted both customers and workers to ensure they were not law enforcement, and managed the profits of this business. She ensured that both the advertisements and the business records were disguised and vague enough to avoid detection by law enforcement. Lampkin faces up to 5 years in federal custody. This case was investigated by the Texas Department of Public Safety and the Federal Bureau of Investigation and is prosecuted by AUSA Ryan Raybould.
SENTENCING – ZACHERY SEMAJ LEATCH
On January 23, Zachery Semaj Leatch, 25, was sentenced to 2 years and 3 months for being a felon in possession of a firearm and possession of a firearm in a school zone. Leatch was found to be in possession of a pistol while at a youth basketball game. When police arrived on the scene, Leatch’s girlfriend warned him and Leatch set the gun on the floor before walking to the police officers. He admitted to possessing the firearm on a recorded jail call. This case was investigated by the Mesquite Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by AUSA John Boyle.
SENTENCING – ROBERT GUERRA IV
On January 23, Robert Guerra IV, 36, was sentenced to 15 years in federal custody for attempted production of child pornography. An undercover officer entered several chat rooms on Kik Messenger, posing as a 13 year old boy and later a 14 year old girl. Guerra attempted to solicit graphic content from the undercover detective. Guerra set plans to meet with the fake girl in person, however Garland Police officers and FBI agents were waiting to arrest him at the location. This case was investigated by the Grand Prairie Police Department, the Garland Police Department, and the Federal Bureau of Investigation and prosecuted by AUSA Camille Sparks.
SENTENCING – JAMES EARLE CUDE
On January 23, James Earle Cude, 55, was sentenced to 14 years in federal custody for receipt of child pornography. Cude, a former band director at North Mesquite High School, admitted to using the instant messaging app Kik to download videos and images of the sexual exploitation of minors. He used various apps to initiate chats with dozens of minors, requesting inappropriate photos and suggesting sexual meetups. He was arrested while waiting for a meetup with an individual he believed was a 13-year-old boy, who was actually an undercover agent. This case was investigated by the Collin County Sheriff’s Office, Dallas Police Department, and Homeland Security Investigations and prosecuted by AUSA Camille Sparks. Click here to read more about this case.
GUILTY PLEA – EDWARD TORRES-SANCHEZ
On January 21, Edward Torres-Sanchez, 20, pled guilty to possession with the intent to distribute methamphetamine. Torres-Sanchez was observed leaving his apartment with an unidentified white bag. Later, upon pulling Torres-Sanchez over for a traffic violation, Dallas Police Department officers found that he was driving without a license or insurance. Torres-Sanchez was lawfully arrested, and the ensuing search of his car resulted in the discovery of methamphetamine. Torres-Sanchez is also responsible for methamphetamine and drug proceeds found in his vehicle, as well as selling methamphetamine to an undercover officer. He faces up to life in federal custody. This case was investigated by the North Texas Strike Force and prosecuted by AUSA John Kull.
Moore Man Sentenced to a Decade in Federal Prison for Illegal Gun PossessionRead the Press Release
OKLAHOMA CITY – PHILLIP CREIGHTON MONTGOMERY, 27, of Moore, Oklahoma, has been sentenced to ten years in prison for possessing firearms illegally, announced U.S. Attorney Timothy J. Downing.
According to Count 2 of a superseding indictment filed on March 5, 2019, Montgomery, having previously been convicted of a crime punishable by a term of imprisonment exceeding one year, knowingly and unlawfully possessed a Springfield XD40, .40 caliber pistol and a Glock 17, 9mm pistol. On May 7, 2019, Montgomery appeared before Senior U.S. District Judge Stephen P. Friot and entered a plea of guilty to Count 2 of the superseding indictment. Public records reflect Montgomery had felony convictions for concealing stolen property, burglary in the second degree, bringing contraband into a penal institution, unauthorized use of a motor vehicle, and obstructing an officer. Under federal law, Montgomery was prohibited as a convicted felon from possessing firearms.
At sentencing, Judge Friot sentenced Montgomery to ten years in prison—the statutory maximum—to be followed by three years of supervised release. In announcing the sentence, Judge Friot cited to the defendant’s brutal relevant conduct; namely, that he had battered a female while he possessed a firearm and thereafter threatened to further assault the female with the firearm.
"We will continue to bring firearms charges against perpetrators of violence who violate federal law," said U.S. Attorney Downing. "Through this case and others like it, the Department of Justice is preventing violence and protecting those in our communities."
This sentence is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Oklahoma City Police Department and the Moore Police Department. The case was prosecuted by Assistant U.S. Attorney Mary E. Walters.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here. The case is also part of "Operation 922," the district’s local implementation of Project Safe Neighborhoods and Project Guardian. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are subject to a victim protective order or have been previously convicted of a misdemeanor crime of domestic violence.
Monongalia County woman sentenced for oxycodone distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kimberley Mozie, of Morgantown, West Virginia, was sentenced today to three years’ probation, with the first four months on home detention, for an oxycodone distribution charge, U.S. Attorney Bill Powell announced.
Mozie, age 39, pled guilty to one count of “Aiding and Abetting Distribution of Oxycodone” in October 2019. Mozie admitted to distributing oxycodone in March 2017 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuting the case on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, 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.
Senior U.S. District Judge Irene M. Keeley presided.
Monongalia County man sentenced for sex offender registry violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Earnest Parrie Dille, of Morgantown, West Virginia, was sentenced today to 18 months incarceration for failing to register as a sex offender, U.S. Attorney Bill Powell announced.
Dille, age 63, pled guilty to one count of “Failure to Update Sex Offender Registration” in August 2019. Dille, a person required to register as a sex offender, admitted to traveling from Idaho to West Virginia without updating his sex offender registration from January 2018 to April 2019.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The United States Marshal Service investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Mitchell Man Sentenced for Conspiracy for Sex TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Conspiracy for Sex Trafficking was sentenced on January 27, 2020, by U.S. District Judge Karen E. Schreier.
Timothy Allan Bingham, age 58, was sentenced to 84 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Bingham also needs to register as a sex offender.
Bingham was indicted by a federal grand jury on November 6, 2018. He pled guilty on November 7, 2019.
The conviction stemmed from incidents between July 16, 2018, and July 23, 2018, when Bingham conspired with Walter Jandreau to knowingly and intentionally coerce a 16 year-old girl to engage in a commercial sex act. Bingham picked up Jandreau and the juvenile and took them back to his residence. Bingham provided methamphetamine to Jandreau in exchange for sexual contact with the minor.
Jandreau was sentenced on December 2, 2019, to 210 months in federal prison, followed by 10 years of supervised release.
This case was investigated by the Mitchell Police Department, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Bingham was immediately turned over to the custody of the U.S. Marshals Service.
Missouri Man Sentenced to 14 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Bruce Richter, age 51, of Exeter Missouri, was sentenced today to 168 months in federal prison followed by four years of supervised release on one count of Possession with Intent to Distribute More Than 50 grams of a Mixture or Substance Containing Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
In June of 2019, officers with the Rogers Police Department Narcotics Unit stopped a red GMC truck for a traffic violation. While officers spoke with the driver they noticed, the passenger later identified as Richter to have a bulge in his left front pocket that was suspected of being a weapon. During a pat down search, officers located a package of methamphetamine in Richter’s pocket. Richter admitted to having more methamphetamine in the vehicle and a subsequent search resulted in officers finding a small white box between the driver and passenger seat, which contained two additional bags of methamphetamine and several clear baggies used for packaging narcotics.
The methamphetamine field-tested positive for methamphetamine and was submitted to the Department of Homeland Security for additional testing. At sentencing, Richter was held accountable for 371.71 grams of actual methamphetamine.
Richter was indicted by a federal grand jury in August of 2019, and entered a guilty plea in October of 2019.
This case was investigated by the Department of Homeland Security and the Rogers Police Department. Assistant United States Attorney Sydney Butler prosecuted the case for the Western District of Arkansas.
Minnesota Business Owner Sentenced to 46 Months in Prison for Tax EvasionRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of RANDAL SCOT BRINKMAN, 61, to 46 months in prison. BRINKMAN, who was found guilty on July 25, 2019, following a four-day jury trial, was sentenced today by Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
As proven at trial, BRINKMAN owned and operated a Roseville-based construction company. From 1999 through 2018, BRINKMAN took steps to hide his income and to actively evade the assessment of taxes, including using sham businesses, closing his personal bank accounts, using money orders and cash to pay for daily expenses, and creating a fake religious organization in order to hide his income and assets. Following a 2007 IRS audit, BRINKMAN filed personal income tax returns for the calendar years 2002 through 2007, admitting that he owed more than $145,000 in federal income taxes for those years. Nevertheless, despite filing the returns, BRINKMAN didn’t pay any of the taxes he admitted he owed to the IRS. BRINKMAN also failed to file tax returns or pay any of his federal incomes taxes from 2012 through 2018.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS and the Minnesota Department of Revenue.
This case is being prosecuted by Assistant U.S. Attorneys Joseph H. Thompson and Alexander D. Chiquione.
Defendant Information:
RANDAL SCOT BRINKMAN, 61
Medina, Minn.
Convicted:
- Tax evasion, 6 counts
Sentenced:
- 46 months in prison
- 3 years supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Mexican Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Two TimesRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Eduardo Sierra-Montes, age 46, a citizen of Mexico illegally present in the United States and residing in West Liberty, Iowa, received the prison term after a December 4, 2019, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Sierra-Montes admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Sierra-Montes was deported in February 2014 and again in April 2014.
On November 13, 2019, Sierra-Montes came to the attention of immigration agents in the parking lot outside the ICE office in Cedar Rapids. After admitting being illegally in the United States, Sierra-Montes fled on foot after being asked to step out of the vehicle. When he was apprehended a short distance away, immigration agents found a work identification card on Sierra-Montes bearing a different name. Further investigation showed that Sierra-Montes had been illegally working in West Liberty, Iowa, since October 2018, using the name and social security number of another person.
Sierra-Montes has a prior conviction for domestic violence in Kalamazoo County, Michigan in 1999. He also has a prior conviction for retail theft in Rock Island County, Illinois in 2004 where he was convicted under a different alias name.
Sierra-Montes was sentenced in Cedar Rapids by United States three months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Sierra-Montes 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-125.
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Media Advisory - United States Attorney Mike Stuart to Hold Press ConferenceRead the Press Release
CHARLESTON, W.Va. –United States Attorney Mike Stuart, along with law enforcement and City of Huntington officials, will hold a press conference on Wednesday, January 29, 2020, at 3:00 p.m. regarding an indictment.
Where: Sidney L. Christie Federal Building
845 Fifth Avenue
Huntington, WV
When: Wednesday, January 29, 2020 @ 3:00 p.m.
Follow us on Twitter: SDWVNews
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Marion County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – James G. Moore, Jr., of Fairmont, West Virginia, was sentenced today to 120 months for a firearms violation, U.S. Attorney Bill Powell announced.
Moore, age 42, pled guilty to one count of “Unlawful Possession of a Firearm” in August 2019. Moore, who is prohibited from having a firearm, admitted to having 9mm pistol in February 2018 in Marion County.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorneys Traci M. Cook and Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Marion County Sheriff’s Office investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Man Sentenced to 50 Years in Federal Prison for Conspiracy to Produce Child Pornography, Production and Possession of Child PornographyRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Mikhail Yuriy Ageyev, age 34, a citizen of Ukraine and a resident of Moses Lake, Washington was sentenced today after having pleaded guilty on October 21, 2019 to conspiracy to produce child pornography, production of child pornography, and possession of child pornography. Senior United States District Judge Wm. Fremming Nielsen sentenced Ageyev to a 50-year term of imprisonment, to be followed by a lifetime term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, Ageyev came to law enforcement attention through a series of CyberTips from Twitter and the Microsoft Corporation about suspected child pornography uploaded by Ageyev over the internet. CyberTips are reports to the National Center for Missing and Exploited Children (NCMEC) of illegal actions taken against children. In this case, as in many cases, the CyberTip pertained to child pornography. NCMEC receives the CyberTip and determines which law enforcement group (geographically) is best suited to respond to the tip. After NCMEC’s review is completed, the information in a CyberTip report is made available to that law enforcement group.
In this case, the first CyberTip was received by the Moses Lake Police Department on October 30, 2017. The Moses Lake Police Department quickly conducted additional investigation to include executing search warrants for various online accounts maintained by Ageyev. The CyberTips and search warrants revealed that Ageyev maintained an online presence where he professed an interest in incest and child pornography and where he traded child pornography images with others online.
On November 18, 2017, the Moses Lake Police Department executed search warrants at Ageyev’s residence in Moses Lake. During a subsequent interview at the Moses Lake Police Department, Ageyev admitted to law enforcement that he had child pornography files on his mobile phone. Ageyev also admitted that he exchanged links, images, and videos of child pornography with others using various methods over the internet. Ageyev also admitted that he produced child pornography by using his mobile phone to take sexually explicit video and still images of his girlfriend’s two-year old daughter. Ageyev was taken into custody the same day.
A subsequent forensic examination of Ageyev’s electronic devices, in particular his mobile phone, revealed child pornography images and videos that he had produced. It also revealed child pornography images and videos Ageyev had downloaded from the internet or received directly from other people over the internet.
A review of several of the child pornography videos found on Ageyev’s device demonstrated that Ageyev’s girlfriend, Katrina Michelle Maradee Adams, was also involved in the production of child pornography involving Adams’ two-year old daughter along with Ageyev. Search warrants were then obtained for electronic devices possessed by Adams and various online accounts maintained by Adams. These search warrants revealed discussions between Ageyev and Adams concerning the sexual abuse of Adams’ two-year old daughter which included Ageyev discussing future plans to sexually abuse and impregnate the child. Law enforcement also located video and still images depicting the sexual abuse of the two-year old victim.
On February 21, 2018, a federal Grand Jury in Spokane returned a multi-count indictment against Ageyev and Adams charging conspiracy to produce child pornography, production of child pornography, distribution of child pornography, receipt of child pornography, and possession of child pornography. On January 29, 2019, Adams pleaded guilty to conspiracy to produce child and distribution of child pornography. Adams also agreed to testify against Ageyev at trial. Adams is due to be sentenced on February 24, 2020. Ageyev pleaded guilty on October 21, 2019 to conspiracy to produce child pornography, production of child pornography, and possession of child pornography.
At the sentencing hearing, Senior United States District Judge Wm. Fremming Nielsen said that “abusing young children in any way, using any method, is conduct that society as a whole agrees is the worst kind of conduct there is and unfortunately you were involved in it.” The Court also said that the “victim is a two and a half year old little girl whose life is now upside down and will never be the same.”
United States Attorney William D. Hyslop said “Sexual predation and exploitation upon a two-year old child. Producing child pornography. It is difficult to imagine a more heinous situation or more egregious situation. Just as terrible, or more egregious, every time a sexually explicit image is downloaded and viewed, the child who is shown is victimized again. Thank goodness Ageyev has now been convicted of three serious felony child pornography offenses and is now removed from society and the ability to hurt others.”
“This is why the United States Attorney’s Office for the Eastern District of Washington, in collaboration with its federal, state, local and tribal law enforcement partners, uses every resource and tool available to investigate and prosecute aggressively those involved in child exploitation. This Office will continue to do all we can to protect vulnerable child victims of these horrible crimes by seeking lengthy prison sentences, like the one imposed today, for child pornographers.”
“The sentence in this case is representative of how completely reprehensible this defendant’s crimes are,” said Debra Parker, special agent in charge of Homeland Security Investigations (HSI) Seattle. “What the defendant didn’t count on was how equally passionate HSI and our law enforcement partners are about seeking and holding accountable those who wish to harm children.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources." This case was investigated by Homeland Security Investigations, the Moses Lake Police Department, and the Southeast Regional Internet Crimes against Children Task Force (ICAC). This case was prosecuted by Alison L. Gregoire and James A. Goeke, Assistant United States Attorneys for the Eastern District of Washington.
Licensed gun dealer sentenced for helping gun traffickers acquire gunsRead the Press Release
ATLANTA - Licensed firearms dealer Christopher Koninsky, who allowed multiple individuals to buy guns for other people, has been sentenced to federal prison. Those guns were sold at his business, Team 88 Enterprises, and trafficked to several states outside Georgia and into the hands of criminals.
“Licensed gun dealers have the responsibility to follow the laws and regulations that govern the privilege of selling guns,” said U.S. Attorney Byung J. “BJay” Pak. “That includes preventing straw purchases from occurring and running background checks on the real buyers of the firearms they sell. Koninsky violated the trust invested in him and placed the community in grave danger when he allowed gun traffickers to acquire guns.”
“The majority of our firearms dealers are good people who are focused on running a business, helping customers and supporting their communities” said ATF Special Agent in Charge Arthur Peralta. “Mr. Koninsky willfully disregarded regulations that are designed to prevent guns from falling into the wrong hands and as a result, he diverted guns into the criminal market.”
According to U.S. Attorney Pak, the charges and other information presented in court: After running a background check on a prospective buyer, and learning that there was something in the would-be purchaser’s background that prohibited them from possessing firearms, Koninsky instead allowed another person to complete the necessary paperwork to acquire the firearms. He then watched the prohibited person walk away with the firearms.
This was not the first time that Koninsky had allowed a person to put his name on paperwork to acquire guns on behalf of another, a practice commonly used by gun traffickers called “straw purchasing.”
Christopher Koninsky, 52, of Mableton, Georgia, has been sentenced to six months in prison, followed by six months of home confinement, and two years of supervised release. Koninsky was convicted on these charges on May 30, 2019, after he pleaded guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
Assistant U.S. Attorneys Jennifer Keen and Michael J. Brown prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Law Enforcement Officer Facing Federal Indictment for Transportation of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury has indicted Anthony Michael Mileo, age 54, of Huntingtown, Maryland, on the federal charge of transportation of child pornography. The indictment was returned on January 22, 2020, and was unsealed at his initial appearance yesterday. Mileo is an officer with the Maryland National Capital Park Police Department.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Calvert County State’s Attorney Andrew Rappaport.
According to the indictment, on May 28, 2019, Mileo transported child pornography by computer. Mileo previously faced related charges in Calvert County, but those charges were dismissed in favor of federal prosecution.
If convicted, Mileo faces a mandatory minimum of five years in federal prison and a maximum sentence of 20 years in federal prison for transportation of child pornography. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. At his initial appearance in U.S. District Court in Greenbelt, U.S. Magistrate Judge DiGirolamo ordered that Mileo be released under the supervision of U.S. Pretrial Services.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended HSI Baltimore and the Maryland State Police Internet Crimes Against Children Task Force for their work in the investigation and thanked the Office of the State’s Attorney for Calvert County for its assistance. Mr. Hur thanked Assistant U.S. Attorney Timothy F. Hagan, who is prosecuting the federal case.
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Laurens, Iowa, Man Sentenced to Federal Prison for Child PornographyRead the Press Release
A man who possessed child pornography was sentenced on January 27, 2020, to 7 years in federal prison.
Raymond Painter, Jr., age 31, from Laurens, Iowa, received the prison term after an August 19, 2019, guilty plea to one count of possession of child pornography.
In a plea agreement, Painter admitted that between April 15, 2013 and November 27, 2017, he possessed images and videos of child pornography. During the sentencing hearing, information was presented from Painter’s Google account that revealed online conversations between Painter and another individual during which Painter expressed a desire to have sex with very young girls, specifically girls between six and 11 years old.
Painter was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Painter was sentenced to 84 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Painter is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Timothy Duax and investigated by the Iowa Division of Criminal Investigation, the Iowa Crimes Against Children Task Force, the Laurens, Iowa Police Department and the Pocahontas County Sheriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-3023.
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Laurel County Man Sentenced to Prison for Social Security Fraud and Aggravated Identity TheftRead the Press Release
LONDON, Ky. – Harold Arnold, 69, of London, was sentenced in federal court on Tuesday, by U.S. District Judge Claria Horn Boom, to 31 months in prison for defrauding the Social Security Administration (SSA) and committing aggravated identity theft.
Arnold previously admitted that, after escaping from custody in Georgia in 1979, he unlawfully assumed the identity of his deceased cousin and moved to Kentucky, where he worked under the assumed identity from 1981 to 2009. He then applied for and received Social Security benefits, from October 2010 through July 2016. Arnold failed to truthfully disclose his own identity, applied for benefits using a fraudulent identity; and was a fugitive from justice, rendering him ineligible for the payments that he received. According to his plea agreement, the total loss to the SSA was $83,561.90, which Arnold has been ordered to repay.
Under federal law, Arnold must serve, at a minimum, 85 percent of his prison sentence. He will be under the supervision of the United States Probation Office for one year after being released.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Rod Owens, Special Agent-in-Charge, SSA Office of the Inspector General, Atlanta Field Division—Nashville, jointly announced the sentence.
The investigation was directed by the Social Security Administration Office of the Inspector General. The United States was represented by Special Assistant U.S. Attorney James T. Chapman.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
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Las Vegas Man Sentenced to Prison for $382K Fraud SchemeRead the Press Release
PITTSBURGH - A former resident of Las Vegas, Nevada, has been sentenced in federal court to 27 months’ imprisonment and 3 years’ supervised release on his conviction of conspiracy to commit access device fraud, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on Yoandy Pou Torres, age 37.
According to information presented to the court, Pou Torres used counterfeit credit cards encoded with stolen bank account information to purchase MasterCard gift cards at Sam’s Club stores in the Pittsburgh area, as well as in Florida and California. During the month of December 2017, Pou Torres and his codefendant, Hector Podio Gutierrez, using an encoding device, created counterfeit credit cards, and then used the cards to make fraudulent gift card purchases totaling more than $382,000 at various Sam’s Club locations. As part of the sentence imposed, Pou Torres was ordered to pay $382,235 in restitution, and to make payments while imprisoned in connection with the United States Bureau of Prison’ Inmate Financial Responsibility Program, through which 50% of his prison salary will be applied to pay the restitution. Podio Gtierrez remains on bond pending trial.
Prior to imposing sentence, Judge Bissoon noted that Pou Torres had committed a significant fraud, and had previously been convicted of a similar offense as recently as 2017.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Postal Inspection Service and the United States Secret Service for the investigation leading to the successful prosecution of Pou Torres.
Lake Andes Man Charged with Aggravated Sexual Abuse and Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Lake Andes, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Abusive Sexual Contact.
Frank Sanchez, age 65, was indicted on December 3, 2019. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 24, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 1, 1996, and September 1, 1996, Sanchez knowingly engaged in, and attempted to engage in, a sexual act with a child who had not attained the age of 12 years. The Indictment also alleges that between June 1, 1996, and September 1, 1996, Sanchez knowingly engaged in, and attempted to engage in, sexual contacts with the same child who had not attained the age of 12 years.
The Indictment also alleges that between June 1, 2006, and September 1, 2006, Sanchez knowingly engaged in, and attempted to engage in, sexual contact with a second child who had not attained the age of 12 years.
The charges are merely accusations and Sanchez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Sanchez was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for March 31, 2020.
Jury convicts head of drug trafficking groupRead the Press Release
BROWNSVILLE, Texas – A federal jury has returned guilty verdicts on all counts against a 40-year-old Brownsville man for his role in trafficking more than 1000 kilograms of cocaine involving $26 million in drug proceeds, announced U.S. Attorney Ryan K. Patrick.
The jury deliberated for less than three hours before convicting Rafael Villanueva following a six-day trial.
During trial, the jury heard from approximately 21 witnesses. They detailed Villanueva’s role as head of a drug transportation group that moved cocaine from the Rio Grande Valley and on to cities throughout the United States. He had customers in Mexico who needed transportation for cocaine to areas throughout the United States, including Houston; Chicago, Illinois; Jackson, Mississippi; as well as locations in South and North Carolina, Virginia and Georgia.
He also provided transportation for drug proceeds sold throughout the United States back to the Rio Grande Valley. The commercial vehicles were outfitted with special compartments to hide the cocaine and drug proceeds.
Several witnesses testified Villanueva hired them to move the cocaine north and the drug proceeds south. Villanueva paid them by the kilogram to transport the drugs and a percentage of the drug money coming south. Fellow drug traffickers also testified Villanueva borrowed their line of transport for the cocaine when commercial drivers Villanueva hired got arrested with loads of cocaine.
One of the witnesses was a young male who was only 16 when he started working for Villanueva.
The jury also heard about the search of Villanueva’s house where authorities found five guns and numerous documents showing his lavish lifestyle as well as several Lone Star cards.
The defense attempted to convince the jury the witnesses were all liars and authorities did poor work.
The jury ultimately found him guilty as charged for possession with intent to distribute five kilograms or more of cocaine and conspiracy to do so, conspiracy to launder monetary instruments, bulk cash smuggling and international money laundering.
U.S. District Judge Fernando Rodriguez Jr. presided over the trial and set sentencing for May 4, 2020. At that time, Villanueva faces up to life in prison. He will remain in custody pending that hearing.
Several others have also been convicted for their respective roles.
Immigration and Customs Enforcement’s Homeland Security Investigations and Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Force operation known as La Camelia. Assistant U.S. Attorneys Karen Betancourt, Jody Young and Paul Marian are prosecuting the case.
Joshua Small and Joni Amber Johnson Sentenced for Kidnapping Elderly VictimsRead the Press Release
Knoxville, Tennessee – On January 28, 2020, Joshua Small, 52, and Joni Amber Johnson, 36, both of Princeton, West Virginia, were sentenced by the Honorable Chief Judge Pamela Reeves in the United States Courthouse in Knoxville for their roles in a conspiracy to assault, kidnap, and rob elderly victims. Small received 30 years in federal prison with 5 years of supervised release. Johnson received 25 years in federal prison with 5 years of supervised release. Both Small and Johnson were also ordered to pay over $8,000 in restitution.
From May 2018 to July 2018, Small and Johnson went on a spree of armed home invasions and kidnappings throughout West Virginia, Virginia, and East Tennessee. Small and Johnson targeted the homes of elderly victims, forcing entry into their residences, holding victims at gunpoint, and binding their hands and feet. Small and Johnson would then ransack the homes, stealing jewelry, valuables, heirlooms, and cash.
The home invasions were noteworthy for the egregious amount of violence directed towards the victims. In a home invasion in Dandridge, Tennessee, Small struck a 72-year-old male victim in the neck, bound his hands and feet with power cords, and shoved him down a flight of stairs into the basement. During a home invasion in Princeton, West Virginia, the two surreptitiously entered the home of an 88-year-old woman, holding her at gunpoint and ripping off her Life Alert necklace. Small then struck her in the head, knocking her unconscious and causing a substantial injury before fleeing the home with her pocket book. In Jefferson County, Tennessee, Small and Johnson forced their way into an 81-year-old man’s home, struck him in the head and neck, bound his hands and feet, gagged him, robbed him of $3,200 and fled. In total, Small and Johnson attacked, terrorized, kidnapped and robbed seven elderly victims.
“The Department of Justice will always stand firmly against those who seek to terrorize, take advantage of, and abuse our country’s citizens. While this case is noteworthy for the extreme violence and the large geographical area of the crime spree, we know that this is not an isolated incident. Preventing further crimes such as those committed by Joshua Small and Joni Amber Johnson is one of our greatest priorities,” said U.S. Attorney J. Douglas Overbey.
"This investigation demonstrates that the victimization of our elderly citizens will not be tolerated by law enforcement. These offenses were vicious and had significant physical and mental impact on their victims. I am proud of the diligent work of Special Agent Leatham along with our local and federal law enforcement partners who worked to identify, arrest, and bring to justice these predators so they can’t victimize anyone again,” said FBI Special Agent in Charge Joe Carrico.
Assistant United States Attorneys Alan Kirk and Kevin Quencer represented the United States at trial and sentencing.
Members of the public are urged to reach out to their local, state, and federal law enforcement offices to report instances of elder abuse, fraud, or victimization in their communities. The Department of Justice remains focused on protecting our nation’s most vulnerable citizens, and we rely upon public assistance to help identify and pursue cases involving elderly victims.
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