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14 January 2020
Webster City Man Sentenced to Federal Prison for Illegally Possessing FirearmsRead the Press Release
A man who illegally possessed more than 60 firearms was sentenced January 13, 2020, to more than two years in federal prison.
Greg Claude, 53, from Webster City, Iowa, received the prison term after an August 29, 2019, guilty plea to possession of firearms by a controlled substance abuser.
At the plea hearing, Claude admitted that he was a daily user of methamphetamine and that in May 2018 he was in possession of multiple firearms. Evidence at the hearing also showed that after a burglary/arson investigation, which involved the theft of 150+ firearms in rural Calhoun County, Iowa, in early December 2017, law enforcement was made aware of Claude’s possession of several of the stolen firearms in May 2018. During the execution of a search warrant and subsequent consent searches at Claude’s residence in May 2018, in Hamilton County, Iowa, law enforcement officers seized methamphetamine and methamphetamine pipe from Claude. Law enforcement officers later seized 69 guns including 33 guns that had been stolen during the burglary/arson.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Claude was sentenced to 30 months’ imprisonment and fined $10,000. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system. Claude remains in custody of the United States Marshal 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives, Webster County, Iowa Sheriff’s Office, Calhoun County, Iowa Sheriff’s Office, and Hamilton County, Iowa Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3004. Follow us on Twitter @USAO_NDIA.
United States Technologies Inc. to Pay $525,000 to Settle False Claims Allegations for Providing Nonconforming PartsRead the Press Release
NEWARK, N.J. – UST-Aldetec Holding Company LLC, which includes its wholly owned subsidiary United States Technologies Inc., a New Jersey corporation, will pay $525,000 to resolve allegations that it violated the False Claims Act, U.S. Attorney Craig Carpenito announced today.
The settlement resolves allegations that U.S. Technologies made false claims in conjunction with obtaining payments under contracts awarded to U.S. Technologies by the United States. The United States contends that U.S. Technologies provided nonconforming circuit card assemblies, at least some of which were counterfeit parts, for a weapons system used by the United States.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey; special agents of the U.S. Air Force Office of Special Investigations, under the direction of Detachment Special Agent in Charge Jason T. Hein; special agents of the Department of Homeland Security (DHS), Homeland Security Investigations (HSI) under the direction of Special Agent in Charge Brian Michael in Newark; and personnel of the Defense Logistics Agency – Aviation, under the command of Brigadier General David J. Sanford, with the investigation leading to today’s settlement.
The government is represented by Assistant U.S. Attorney Mark C. Orlowski of the U.S. Attorney’s Civil Division in Newark.
Defense counsel: Carlos F. Ortiz Esq., New York
U.S Attorney's Office Releases Statement on Recent Madison County HomicidesRead the Press Release
The murder of Randy Gori was a senseless and brutal crime. We at the U.S. Attorney’s Office join the community in shock, grief, and outrage. Other area homicides described in recent media accounts also appear to be heinous acts of cruelty that demand justice. This office will promptly review any request we receive to open an investigation, but we cannot assess whether federal law has been violated until the facts from the investigations are presented to us.
The federal government is a government of limited jurisdiction, and it does not possess general police powers. That is why nearly all homicide cases are prosecuted in state courts.
Congress has, however, enacted at least 60 criminal statutes where murder or causing the death of another can be prosecuted federally. These laws generally fall into three categories. The first category includes statutes where federal jurisdiction is established based on the status of the perpetrator or the victim. For example, it is a federal crime to murder certain federal officials and office holders. The second category includes statutes where federal jurisdiction is premised on the location of the death, such as murders that occur on federal land. The third category includes killings that occur during the commission of another federal offense, such as a murder committed during a bank robbery.
Not all of these crimes are punishable by the death penalty. Nor does a homicide automatically become a death-eligible federal crime simply because someone crossed a state line.
U.S. Attorneys must follow the federal death penalty protocol when they bring charges that carry the death penalty as a possible punishment. This procedure requires the case to be reviewed and evaluated by the Capital Case Section within the Criminal Division of the Justice Department in
Washington, D.C. The process culminates in a decision by the Attorney General of the United States to seek or not to seek the death penalty against an individual defendant. Those decisions are based upon the specific facts and laws applicable to the case, with the goal of ensuring that the federal capital sentencing laws are applied consistently and fairly across the nation.We have a long history of working with our state and local law enforcement partners to achieve just outcomes in southern Illinois, and we will continue to stand with the victims’ families, the police, and the Madison County State’s Attorney’s Office as the community seeks justice for these crimes.
Two Sentenced to Federal Prison for Conspiracy to Distribute Crack CocaineRead the Press Release
Greeneville, Tenn. – On January 13, 2020, Alex Lorenzo Robinson, 38, of Elizabethton, and formerly of Conway, South Carolina, was sentenced by the Honorable J. Ronnie Greer, Sr. in the United States District Court for the Eastern District of Tennessee at Greeneville. As part of the plea agreement, Robinson agreed to plead guilty to conspiring to distribute crack cocaine and was sentenced to 15 years in federal prison. Co-conspirator Kayla Leann Cox, 22, with residences in Elizabethton and Kingsport, was sentenced to five years in federal prison for her role in the same conspiracy in October 2019.
The conviction of Robinson was the result of an investigation by Tennessee Bureau Investigation (TBI) during 2019. After making numerous drug buys from Robinson and obtaining a federal indictment and search warrants, TBI, DEA, Carter County Sheriff's Department (CCSD), and the Elizabethton Police Department (EPD) executed a search warrant at the residence of Robinson. CCSD Special Weapons and Tactics Team (SWAT) approached the residence, knocked and announced their presence, and breached the front door and entered the residence. Robinson and Cox were located within the residence, as well as two minors. Agents recovered a handgun located next to Cox, multiple rifles underneath the bed and a ballistic vest found at the foot of the bed. During the search of the residence, agents discovered 293.01 grams of cocaine within a vacuum-sealed bag, 1,492.41 grams of marijuana, 55.93 grams of crack cocaine, 81 Fentanyl/Acetyl fentanyl tablets and multiple firearms that included a .410 Taurus 'Judge' that had been reported stolen. Robinson was arrested on a federal warrant based on a prior indictment.
On the same morning, TBI, DEA, Kingsport Police Department (KPD), 2nd Judicial District Drug Task Force (DTF), and Tennessee Highway Patrol (THP) executed a second search warrant at another residence of Robinson in Kingsport, TN. During the search, agents discovered several items of contraband that included several firearms, marijuana, and powder cocaine.
This multi-agency investigation included TBI, DEA, Carter County Sheriff’s Department, Kingsport Police Department, Elizabethton Police Department, Sullivan County Sheriff’s Department, 2nd Judicial District Drug Task Force, and the Tennessee Highway Patrol.
Assistant U.S. Attorneys Robert Reeves and Todd Martin represented the United States.
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Two Michigan Men Plead Guilty to Federal Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Two Michigan men pled guilty to federal drug crimes, announced United States Attorney Mike Stuart.
“Rarely a week goes by that my office doesn’t convict drug dealers from Michigan,” said United States Attorney Mike Stuart. “As long as they keep coming into this District to sell their drugs, we’ll keep prosecuting them.”
Tevin Robinson, 26, of Detroit, entered a guilty plea to an indictment charging him with conspiracy to possess with intent to distribute oxycodone and Xanax. Robinson admitted that in April 2017 he came to Huntington, West Virginia with the intent to distribute oxycodone and Xanax. Officers conducted a traffic stop on the vehicle Robinson was a passenger in on Interstate 64. Officers located over 200 oxycodone pills and 53 Xanax pills. Robinson faces up to twenty years in federal prison when he is sentenced on April 13, 2020. The investigation was conducted by the Violent Crime and Drug Task Force West.
Milik Robinson, 23, of Pontiac, pled guilty to selling methamphetamine. Robinson admitted that on August 19, 2019 he sold an ounce of methamphetamine to a confidential informant behind a residence located at 915 Washington Avenue in Huntington, West Virginia. Robinson faces up to twenty years in prison when sentenced on April 13, 2020. The Cabell County Sheriff’s Department conducted the investigation.
The plea hearings were held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor is in charge of the prosecutions.
Follow us on Twitter: SDWVNews and USAttyStuart
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Twelve Indicted in Kickback Conspiracy, Former CEO Pleads GuiltyRead the Press Release
TEXARKANA, Texas – Twelve individuals from three states have been charged in a federal indictment returned in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Nicolas Arroyo, 38, of Newport Coast, CA, pleaded guilty to conspiracy to defraud the United States on Jan. 14, 2020 before U.S. Magistrate Judge Caroline Craven.
According to information presented in court, Arroyo was the CEO of a clinical laboratory when he conspired with others to pay and receive kickbacks in exchange for the referral of and arranging for health care business, specifically pharmacogenetic (PGx) tests. Pharmacogenetic testing, also known as pharmacogenomic testing, is a type of genetic testing that identifies genetic variations that effect how an individual patient metabolizes certain drugs. The illegal arrangement concerned the referral of PGx tests to clinical laboratories in Fountain Valley, California, Irvine, California, and San Diego, California. More than $28 million in illegal kickback payments were exchanged by the defendants and others during the conspiracy. On Dec. 11, 2019, a federal grand jury returned an indictment in which Philip Lamb, 44, of Scottsdale, Arizona; Nicolas Arroyo, 38, of Newport Coast, California; Vincent Marchetti, Jr., 55, of Coronado, California; William Flowers, 55, of Houston, Texas; Steven Donofrio, 45, of Temecula, California; James J. Walker, Jr. a/k/a Jimmy Walker, 46, of Frisco, Texas; Timothy Armstrong, 62, of Frisco, Texas; Virginia Blake Herrin, 54, of Frisco, Texas; Patrick Ridgeway, 50, of Jackson, Mississippi; Chismere Mallard, 39, of McAllen, Texas; Ray W. Ng, 61, of Dallas, Texas; and Ashley Kretzschmar, 34, of Aledo, Texas; were indicted for conspiracy to commit illegal remunerations in violation of the Anti-Kickback Statute. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remunerations in exchange for the referral of or arranging for items or services payable under federal health care programs.
“We continue to see individuals in the healthcare industry creating illegal kickback arrangements, trying to cheat the system and turn healthcare decisions into financial decisions instead of what is best for the patient,” said United States Attorney Joseph D. Brown. “This must stop, and doctors should be aware of the emphasis that is being put on stopping these practices.”
Under federal statutes, Arroyo faces up to 5 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the FBI Dallas – Frisco Resident Agency, and the U.S. Department of Homeland Security, Homeland Security Investigations. It was prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr.
Three Sacramento Airport Workers Plead Guilty to Mail Theft ConspiracyRead the Press Release
SACRAMENTO, Calif. — Domingo Ene, 28; Joshua Hopoi, 24; and Raymond Su, 31, pleaded guilty today to conspiring to steal U.S. mail, U.S. Attorney McGregor W. Scott announced. Ene also pleaded guilty to possession of a stolen firearm.
According to court documents, from April 2018 to July 2018, the three men conspired to steal mail that was passing through Sacramento International Airport. All three defendants worked at Sacramento International Airport as employees of a company that provided ground services. Their positions involved handling baggage and mail. They loaded mail from the Sacramento area onto departing flights, as well as unloading incoming mail from arriving flights. The defendants stole mail, especially cash and gift cards, and they used the gift cards to make purchases. According to court documents, the defendants obtained at least 95 stolen gift cards and at least $3,295 in cash.
According to court documents, Ene also used his position as an employee at Sacramento International Airport to steal items from checked luggage. One of the items that he stole was a pistol that had been checked on a flight departing from Sacramento.
This case is the product of an investigation by the U.S. Postal Inspection Service with assistance from the Narcotics and Economic Crime Investigations Task Force, Roseville Police Department, Citrus Heights Police Department, Sacramento County Sheriff’s Department, and Sacramento Police Department. Assistant U.S. Attorney Miriam R. Hinman is prosecuting the case.
The defendants are scheduled to be sentenced by U.S. District Judge John A. Mendez on May 5. They face a maximum statutory penalty of five years in prison and a $250,000 fine for the conspiracy count. Ene also faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for possession of the stolen firearm. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Third Chicago-Area Man Sentenced to Prison for Stealing Firearms from Illinois Gun StoresRead the Press Release
ROCKFORD — A suburban Chicago man was sentenced Monday in federal court before U.S. District Judge Matthew F. Kennelly to eight years in prison for stealing firearms from a licensed firearms dealer and conspiring to steal firearms from licensed firearm dealers.
KELVIN CULPS, also known as “Forty,” 23, of Dolton, was sentenced in two separate but related cases after pleading guilty on Sept. 17, 2019.
With respect to the first case, Culps admitted that in the early hours of April 18, 2017, he and codefendant BRUCE WALKER, 24, of Calumet City, and another individual obtained a stolen vehicle and drove from Cook County to a federally-licensed firearms dealer in Manteno. The three individuals used a hammer to shatter one of the business’s glass exterior doors and entered the premises. After entering, they attempted to break into a firearms safe inside the gun store, but were unsuccessful. Culps, however, stole a rifle with a 30-round magazine from the office of the gun store. Culps, Walker, and the other individual also stole boxes of ammunition before returning to Cook County with the stolen rifle and ammunition. About three hours later, Culps, Walker, and the other individual used the same stolen vehicle to drive to a federally-licensed firearms dealer in Tinley Park. There they attempted to shatter the front glass door and front window of the gun store, but fled after failing to do so.
With respect to the second case in which Culps was sentenced, Culps and his codefendant in that case, PARIS L. BROWN, also known as “Pairo,” 24, of Chicago, admitted that they drove in a stolen vehicle from Cook County to a licensed firearms dealer in Loves Park. Culps used a hammer to break through the glass exterior door, and Culps and Brown stole 12 handguns and rifles from the store. Culps and Brown concealed the stolen firearms in the trunk of the stolen vehicle and drove back to Cook County, where they intended to sell and distribute the stolen firearms.
The sentencing for Culps was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. The Police Departments of Loves Park, Manteno, Chicago, Tinley Park, and Lombard assisted in the investigation, as did the Winnebago County Sheriff’s Office. The government was represented by Assistant U.S. Attorney Talia Bucci.
Walker pleaded guilty on Feb. 20, 2019, to one count of conspiring to steal a firearm from a licensed firearms dealer and one count of possessing a stolen firearm. Walker was sentenced on May 30, 2019, to seven years and eight months in prison.
Brown pleaded guilty on Jan. 9, 2019, to stealing firearms from a licensed firearms dealer and conspiring to do so. Brown was sentenced on June 28, 2019, to six years in prison.
As part of their sentences, Culps, Brown, and Walker were also ordered to pay restitution to the gun stores that they burglarized.
Staten Island Woman Sentenced to 2 Years in Prison for Defrauding Police Charity of over $400,000Read the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that LORRAINE SHANLEY was sentenced today to two years in prison for bank fraud and subscribing to false and fraudulent individual income tax returns, in connection with fraudulently obtaining over $400,000 from a charity providing support to the families of New York City Police Department (“NYPD”) officers killed in the line of duty. SHANLEY pled guilty on September 20, 2019, before U.S. District Judge Sidney H. Stein, who imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “With every paycheck, thousands of New York City Police Department officers and employees donated to charity to support the surviving spouses and children of officers killed in the line of duty. Yet for years, Lorraine Shanley exploited that generosity, using her position as the charity’s volunteer treasurer to steal over $400,000 for herself and her family. Today’s sentence sends a clear message that those who commit such fraud will face serious consequences.”
According to the allegations in the Complaint and Information, public court filings, and statements made in court:
From 2010 to 2017, SHANLEY served as a volunteer treasurer for Survivors of the Shield, a charity that provides financial support to the families of NYPD officers killed in the line of duty. During that time period, Survivors of the Shield received approximately $1.9 million in donations, over 99% of which came from NYPD employees, from an average of 5,500 NYPD employees per year.
SHANLEY was an authorized signatory on Survivors of the Shield’s bank account and credit card, and was authorized to use them for Survivor of the Shield’s operations. But SHANLEY also used the bank account and credit card to benefit herself and her family members. From 2010 to 2017, SHANLEY fraudulently obtained over $400,000 from Survivors of the Shield’s coffers, taking money for herself and relatives, and paying for various personal expenditures such as landscaping, dental bills, event tickets, airfare, hotels, and shopping at high-end retailers.
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In addition to the prison term, SHANLEY, 69, of Staten Island, New York, was sentenced to three years of supervised release, and was ordered to forfeit $406,851 and to pay restitution of $406,851 to Survivors of the Shield, including $290,000 to be paid within 30 days of today's judgment, and $103,983 to the IRS.
Mr. Berman thanked the Internal Revenue Service and special agents with the U.S. Attorney’s Office for their outstanding investigative work.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Brett M. Kalikow is in charge of the prosecution.
South Carolina Man Sentenced to 30 Months in Prison for Illegally Trafficking FirearmsRead the Press Release
NEWARK, N.J. – A South Carolina man who participated in the sale of 17 firearms, including five assault rifles, was sentenced today to 30 months in prison for his role in a scheme to illegally sell weapons in New Jersey, U.S. Attorney Craig Carpenito announced.
Richard Lowman, 31, previously pleaded guilty before U.S. District Court Judge Claire C. Cecchi to an information charging him with one count of conspiracy to engage in the unlicensed business of dealing in firearms. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On six different dates between May 2017 and September 2017, Lowman – sometimes accompanied by his uncle, Reginald Moultrie – met with an individual in Newark for the purpose of selling firearms. Lowman personally participated in the sale of an assault rifle on a Newark street in May 2017. During a later transaction in August 2017, Lowman travelled from South Carolina to New Jersey and transported multiple firearms across state lines. Ultimately, six firearms were sold inside a residence in Newark on that occasion.
Seventeen firearms, including five assault rifles, were illegally sold by Lowman and Moultrie over five months. Neither Lowman nor Moultrie had a license to sell firearms. Moultrie previously pleaded guilty to possession of a firearm after having been convicted of a felony and is currently awaiting sentencing.
In addition to the prison term, Judge Cecchi sentenced Lowman to three years of supervised release.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local and tribal authorities in investigating and prosecuting gun crimes; improves information sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NCIS for mental health reasons; and ensured that federal resources are directed at the criminals posing the greatest threat to our communities.The United States Attorney’s Office prosecuted this case with support from the Newark Police Department, a Project Guardian partner. U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked officers from the Newark Police Department, under the direction of Department of Public Safety Director Anthony F. Ambrose, for their assistance. For more information, please see: Project Guardian.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office National Security Unit in Newark.
Defense counsel: Kevin Buchan Esq., Holmdel, New Jersey
Six New York City Correction Officers and 15 Others Charged with Conspiring to Accept Bribes and Smuggle Contraband into Rikers Island FacilitiesRead the Press Release
Three criminal complaints were unsealed today in federal court in Brooklyn, New York, charging 21 defendants with conspiring to bribe correction officers employed by the New York City Department of Corrections (“DOC”) as part of narcotics smuggling conspiracies. Three defendants remain at large. The initial appearances for 12 of the defendants are scheduled for this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Margaret M. Garnett, Commissioner, New York City Department of Investigation (DOI), announced the charges.
“The corruption of correction officers presents a security risk to the entire jail population, and a potential danger to the residents of our communities,” stated United States Attorney Donoghue. “We will continue to aggressively investigate and prosecute those who place their personal enrichment over the public duties they have sworn to perform.” Mr. Donoghue thanked Homeland Security Investigations, New York, and the New York City Police Department for their assistance in the investigations.
“The correction officers charged today allegedly accepted bribes to sneak contraband onto Rikers Island—propagating behavior that has the potential to harm other officers and prisoners alike. The smuggling of contraband into our jails is a common Hollywood storyline, but while there’s an element a fiction in many a screenplay, there’s nothing fake about this real-life threat to our correctional facilities. Along with our partners at the DOI, we are dedicated to confronting this issue head-on,” stated FBI Assistant Director-in-Charge Sweeney.
"Contraband smuggling enterprises have long plagued City jail facilities. The arrests today are another example of a pattern in which inmates and outside conspirators identify correction officers vulnerable to corruption, and use them to carry drugs and other illegal substances into the jails,” stated DOI Commissioner Garnett. “These schemes threaten the safety of fellow officers and other inmates, and undermine order and discipline in the City’s jails. DOI will continue to prioritize safety and integrity in the jails, and continue to relentlessly pursue those who threaten it. DOI thanks its partners at the Office of the U.S. Attorney for the Eastern District of New York and the FBI for their partnership in the pursuit of these individuals charged today in our shared effort to root out criminal activity in the City's correction system."
Since early 2019, the FBI and DOI have been investigating contraband rings involving the payment and receipt of bribes by DOC officers in exchange for transporting marijuana, the narcotic Suboxone and K2 (a synthetic cannabinoid) and an unauthorized smart phone into the George R. Vierno Center and the Otis Bantum Correctional Center on Rikers Island.
As set forth in the complaints, the defendants conspired to smuggle the contraband into Rikers Island facilities with the assistance of New York City Correction Officers Darrington James, Patrick Legerme, Aldrin Livingston, Michael Murray, Angel Rodriguez and Christopher Walker. Defendants James Albert, Clarence Brooks, Kyle Charles, John Mohammed and Christopher Rivas, who were incarcerated for unrelated offenses, arranged for marijuana and other contraband to be packaged and secretly delivered to those correction officers by defendants Celena Burgess, Veronica Jagdeo, Jorcetta King, Aboudou Krigger, Jonathan Medina, Styles Shephard and Tony West. The defendant correction officers allegedly received thousands of dollars in bribes to smuggle the drugs past DOC security, for distribution inside the Rikers Island facilities.
As a part of their investigations, law enforcement officers reviewed financial records related to online money transfer tools, such as CashApp, conducted surveillance and reviewed recorded telephone calls made by defendants who used coded language in their conversations. For example, on February 19, 2019, an inmate at the Vierno facility called a co-conspirator to discuss supplying the inmate and Albert with marijuana: “I’m trying to get, um four ‘Oakland Raider jerseys’ [code for marijuana]. “…’Got Pink Panties’ [code for correction officer] on the line right now, you heard? Gangsta. You just gotta make it to the ‘Jungle’ [code for Brooklyn] to drop it off to them and, more or less, we lit from there.” In recorded telephone calls between Rivas and a co-conspirator in October 2019, Rivas requested a ‘joint’ [code for a cellular telephone] with a Facetime application. In a subsequent telephone conversation, Rivas asked West whether the joint is a Size 5 or Size 6 [code for iPhone 5 or iPhone 6], and West replied that it was a Size 6, referring to an iPhone 6 that was delivered to the Vierno facility the previous night.
On October 25, 2019, a DOC Special Search Team seized an iPhone 6 and an iPhone charger from Rivas’s laundry bag and 12 clear plastic bags containing marijuana from his person.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants each face a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Nathan Reilly, Margaret Gandy, Drew Rolle, Alicia Washington and Virginia Nguyen are in charge of the prosecution.
The Defendants:
JAMES ALBERT
Age: 43
Comstock, New YorkCLARENCE BROOKS
Age: 39
Bronx, New YorkCELENA BURGESS
Age: 43
New York, New YorkKYLE CHARLES
Age: 32
Brooklyn, New YorkVERONICA JAGDEO
Age: 24
Freeport, New YorkDARRINGTON JAMES
Age: 30
Queens, New YorkJORCETTA KING
Age: 33
Bronx, New YorkABOUDOU KRIGGER
Age: 25
Bronx, New YorkPATRICK LEGERME
Age: 29
Queens, New YorkALDRIN LIVINGSTON
Age: 31
Queens, New YorkJONATHAN MEDINA
Age: 29
Queens, New YorkJOHN MOHAMMED
Age: 27
Rome, New YorkMICHAEL MURRAY
Age: 28
Brooklyn, New YorkCHRISTOPHER RIVAS
Age: 32
New York, New YorkANGEL RODRIGUEZ
Age: 23
Bellport, New YorkSTYLES SHEPHARD
Age: 24
New York, New YorkCHRISTOPHER WALKER
Age: 28
Brooklyn, New YorkTONY WEST
Age: 24
Brooklyn, New YorkE.D.N.Y. Docket Nos.: 20-MJ-25; 20-MJ-26; and 20-MJ-31.
Silent No More Overdose Symposium Brings Experts to VCURead the Press Release
RICHMOND, Va. – Over 160 law enforcement, medical, education, and community services professionals gathered today at Virginia Commonwealth University for the Silent No More Overdose Symposium.
“The coming together of this highly respected and accomplished group of professionals is incredibly impressive, but there is still much more work to be done,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We must remain vigilant in our enforcement efforts, continue to raise awareness in our communities, educate our children on the dangers of illicit narcotics, and work across the entire suite of law enforcement efforts to keep these dangerous drugs from hitting the streets.”
The symposium brought together law enforcement experts from the U.S. Attorney’s Office, DEA, Virginia State Police, New Jersey State Police, and Virginia Department of Criminal Justice Services; and Medical and education experts from VCU Medical Center, Substance Abuse & Mental Health Services Administration (SAMHSA), Virginia Poison Center, Virginia State Office of Chief Medical Examiner, Virginia Department of Forensic Science, Department of Veterans Affairs, and others.
“Today is the time to engage our individual expertise and capabilities in order to benefit the greater good of Virginia,” said Colonel Gary T. Settle, Superintendent of the Virginia State Police. “No single one of us has all the answers. We have to collectively find new solutions to the opioid crisis, and find new ways to help one another so we can save more lives, and ultimately, save our communities.”
The symposium featured expert panels focused on the development of cross-jurisdictional multi-disciplinary working groups, the impact on emergency rooms and morgues, fatal drug overdose trends and statewide epidemiology statistics, High Intensity Drug Trafficking Area management coordination, opioid overdose surveillance, data sharing platforms, and several others.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Shooting Multiple Rounds at a Graduation House Party Leads to over Eleven Years in Federal Prison for Dubuque ManRead the Press Release
A man who fired multiple rounds from a handgun at a group of people celebrating someone’s graduation was sentenced today to more than eleven years in federal prison.
Norris Wade Culver, Jr., age 34, from Dubuque, Iowa, received the prison term after an August 8, 2019 guilty plea to one count of being a prohibited person in possession of a firearm.
At the guilty plea, Culver admitted he had multiple felony convictions and domestic abuse convictions. He further admitted to possessing a handgun on May 17, 2019, in Dubuque. Information at sentencing disclosed that Culver left his house that night. He then fired multiple rounds from a .45 caliber handgun towards a duplex across the street. Numerous individuals were at the duplex celebrating a graduation. Some of the people were outside. Others, including at least three minor children, were inside. Culver did not hit anyone with his shots, but did hit the siding of the duplex with three rounds. The Dubuque Police Department responded and took Culver into custody.
Culver has a long criminal history dating back to 2004, when he was convicted of aggravated unlawful use of a weapon at 18 years of age. He then received multiple other convictions, including convictions for aggravated assault, domestic abuse assault, OWI, and attempted burglary. In 2017, Culver was convicted in federal court of transporting undocumented aliens into Texas. Culver was in a van that tried to smuggle four people through a border control point. He was still on supervised release from that case at the time he fired the shots in May 2019.
Culver was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Culver was sentenced to 110 months’ imprisonment for the new charge of being a prohibited person in possession of a firearm. He must also serve a three-year term of supervised release after the prison term. He was also sentenced to a consecutive 24 months’ imprisonment as a consequence of violating his supervised release conditions from the federal case out of Texas. There is no parole in the federal system. Culver 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. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Court file information is available at https://ecf.iand.uscourts.gov/. The case file numbers are 19-CR-1022 and 19-CR-1039.
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Seven High-Ranking Members of Violent Trinitarios Gang Charged with Murder, Racketeering, and Firearms OffensesRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Office of the Drug Enforcement Administration (“DEA”), Peter C. Fitzhugh, Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), Keith M. Corlett, Superintendent of the New York State Police (“NYSP”), Dermot F. Shea, Commissioner of the New York City Police Department (“NYPD”), and Margaret Garnett, Commissioner, New York City Department of Investigation (“DOI”), announced the unsealing of a federal indictment charging EDIBERTO SANTANA, a/k/a “Flaco Veneno,” MIGUEL GENAO, a/k/a “Sombra,” CARLOS RAMIREZ, a/k/a “Guerra,” DARINSO MARTE REYES, a/k/a “Cibao,” ANGEL CRISPIN, a/k/a “Secreto,” JOSE MARICHAL, a/k/a “Menor,” a/k/a “El Menol,” and ENIEL VASQUEZ, a/k/a “Dominican Flow,” with participating in a racketeering conspiracy as members of Sunset, a violent set of the Trinitarios gang. SANTANA and RAMIREZ are charged with the October 23, 2013, murder of Michael Beltre, and SANTANA is also charged with the November 17, 2013, murder of Rafael Alam. Six defendants were arrested today and were presented this afternoon before United States Magistrate Judge Katharine H. Parker. The seventh defendant was already in federal custody on separate charges. The case has been assigned to United States District Judge Paul A. Crotty.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, the defendants in this case include high-ranking members of a violent set of the Trinitarios gang known as Sunset. The violence perpetrated by Sunset members is exemplified by the two murders charged in today’s indictment. Thanks to the efforts of our partners at the DEA, HSI, NYPD, NYSP, and DOI, the defendants now face federal charges for these most serious of crimes.”
DEA Special Agent in Charge Raymond P. Donovan said: “Today’s arrests reemphasize that the Trinitarios have put New Yorkers in the cross hairs of gang violence and crime. Throughout this investigation, two murders and numerous violent crimes including assaults, robberies, and drug trafficking were uncovered. I applaud our law enforcement partners at the U.S. Attorney’s Office Southern District of New York, New York City Police Department, New York State Police, Homeland Security Investigations, and New York City Department of Investigation for their diligent work.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “With today’s arrest of seven members of the Bronx Sunset Trinitarios, a violent sub-set of the Trinitarios National Gang, HSI New York has helped to make the Bronx safer for everyday New Yorkers. Those arrested today used violence and intimidation to carry out their illegal activities which led to today’s charges, including racketeering, firearms offenses and murder. HSI, along with its Federal, State and Local law enforcement partners, remain vigilant in our fight against violent gangs and are committed to ridding our city of them.”
DOI Commissioner Margaret Garnett said: "The charges in this case demonstrate the significant threat that street gangs continue to pose to the safety of New York City neighborhoods. DOI is proud to work with our law enforcement partners on this investigation, holding accountable those whose criminal activity undermines New Yorkers' right to live in safe communities."
As alleged in the Indictment unsealed today in Manhattan federal court and statements made in court[1]:
EDIBERTO SANTANA, a/k/a “Flaco Veneno,” MIGUEL GENAO, a/k/a “Sombra,” CARLOS RAMIREZ, a/k/a “Guerra,” DARINSO MARTE REYES, a/k/a “Cibao,” ANGEL CRISPIN, a/k/a “Secreto,” JOSE MARICHAL, a/k/a “Menor,” a/k/a “El Menol,” and ENIEL VASQUEZ, a/k/a “Dominican Flow,” are members and associates of a racketeering enterprise known as “Sunset,” which operates in the Bronx, Manhattan, and Brooklyn, New York, among other locations. Sunset is a set or chapter of the nationwide Trinitarios gang. In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, Sunset members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder; distributed and possessed with intent to distribute narcotics; committed robberies; engaged in fraud; and obtained, possessed, and used firearms.
On or about October 23, 2013, SANTANA and RAMIREZ participated in the murder of Michael Beltre in the vicinity of Jerome Avenue and 193rd Street in the Bronx, New York.
On or about November 17, 2013, SANTANA participated in the murder of Rafael Alam in the vicinity of Jerome Avenue and 174th Street in the Bronx, New York.
* * *
A chart containing the names, charges, and maximum and minimum penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA, HSI, NYPD, NYSP, and DOI.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Celia V. Cohen and Jaqueline C. Kelly are in charge of the prosecution.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTY
Count One
Racketeering conspiracy
18 U.S.C. § 1962(d)
SANTANA
RAMIREZ
Life imprisonment
GENAO
MARTE REYES CRISPIN MARICHAL VASQUEZ
20 years’ imprisonment
Count Two
Murder in aid of racketeering
18 U.S.C. §§ 1959 and 2
SANTANA
RAMIREZ
Life imprisonment, or death
Mandatory minimum of life imprisonment
Count Three
Murder through use of a firearm
18 U.S.C. §§ 924(j) and 2
SANTANA
RAMIREZ
Life imprisonment, or death
Mandatory minimum of five years’ imprisonment
Court Four
Murder in aid of racketeering
18 U.S.C. §§ 1959 and 2
SANTANA
Life imprisonment, or death
Mandatory minimum of life imprisonment,
Count Five
Murder through use of a firearm
18 U.S.C. §§ 924(j) and 2
SANTANA
Life imprisonment, or death
Mandatory minimum of five years’ imprisonment
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Rosebud Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 13, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Franki Lee Zephier, age 33, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Zephier was indicted by a federal grand jury on November 14, 2018. She pled guilty on October 21, 2019.
The conviction stemmed from Zephier’s involvement in a methamphetamine distribution conspiracy in 2016. Zephier conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation. In exchange for drugs and money, Zephier allowed her home to be used for the sale of methamphetamine.
This case was investigated by the Bureau of Indian Affairs, Chamberlain Police Department, Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, Rosebud Sioux Tribe Law Enforcement Services, South Dakota Highway Patrol, and the Sioux Falls Police Department. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Zephier was immediately remanded to the custody of the U.S. Marshals Service.
Rockville Man Sentenced to Three Years in Federal Prison for Scheme to Defraud His Employer of More Than $1.7 MillionRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm today sentenced Rakesh Kaushal, age 66, of Rockville, Maryland, to three years in federal prison, followed by three years of supervised release, for the federal charge of conspiracy to commit wire fraud, in connection with a scheme to defraud his employer of more than $1.7 million. Judge Grimm also ordered Kaushal to pay restitution with the exact amount to be determined at a later hearing.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, between August 2015 and approximately January 2017, Kaushal was employed by a company headquartered in Beltsville, Maryland (Victim Company 1), which provided construction and design services, primarily to federal government agencies. Ivan Victor Thrane was the owner and president of three construction companies operating in Dickerson and Beltsville, Maryland (“the Thrane companies”). Kaushal recommended the Thrane companies to be subcontractors on Victim Company 1 projects for which Kaushal was the Project Manager or Project Executive.
Kaushal admitted that between August 2015 and January 2017, he conspired with Thrane to defraud Victim Company 1 by submitting fraudulent payment requests for work purportedly performed by the Thrane companies, which Kaushal reviewed and approved. In fact, the Thrane companies had not performed all of the work indicated on the payment requests and, in some cases, had not performed any work on projects for which payment was requested.
Specifically, Kaushal and Thrane, among other things, caused the Thrane companies to submit payment requests to Victim Company 1. Kaushal prepared the payment requests, which he e-mailed to Thrane. Thrane, or another individual at Thrane’s request, signed the payment requests on behalf of the Thrane companies. Thrane then e-mailed the signed payment requests to Kaushal, who, as Victim Company 1’s project manager and project executive, approved the payment requests, causing Victim Company 1 to pay the Thrane companies. Once payment was received from Victim Company 1, Thrane funneled a portion of those payments to Kaushal, typically by writing checks from his personal bank account or from the Thrane companies, which Kaushal then deposited into his personal bank account.
After Victim Company 1 discovered the overbilling in December 2016, Kaushal and Thrane attempted to conceal the scheme to defraud. For example, on December 28, 2016, Kaushal, using his work e-mail address, sent an e-mail to Thrane that read in part, “Good Morning Mr. Thrane: I have been informed by our accounting department that mistakenly we have overpaid your company for the MPO Skywalk Project. Can you please verify with your accounting and respond by COB today.” Other employees from Victim Company 1 were copied on this e-mail. In fact, Kaushal and Thrane had communicated prior to this e-mail regarding the discovery of overpayments by Victim Company 1. Kaushal and Thrane also agreed on a response, which Thrane then e-mailed to Kaushal, copying other employees from Victim Company 1. Thrane’s response read in part, “…please allow me to review our records with my accountant. My accountant is off this week. . . . Please rest assured that if there have been any overpayment to us by [Victim Company 1], we will return the overpayment immediately.” In fact, the Thrane companies did not have an accountant.
Shortly after the fraud was discovered by Victim Company 1, between January 17 and January 23, 2017, Kaushal wired a total of $650,000, including proceeds of the fraud, from one of his personal bank accounts to an account in India, with Kaushal listed as the beneficiary.
Victim Company 1 eventually initiated civil litigation against Kaushal and Thrane, and obtained a default judgment against Kaushal of $1,740,330. Kaushal then filed for Chapter 7 bankruptcy. During a meeting of creditors in the bankruptcy proceeding, Kaushal testified that he had used some of the proceeds of the fraud to purchase a condominium in India for a family member and that he had lost more than $100,000 gambling at various casinos. Kaushal was unable to account for more than $1 million of the kickback payments he received from Thrane. On May 15, 2019, the Bankruptcy Court entered a default judgment against Kaushal, denying him a discharge.
From approximately September 2015 to December 2016, Victim Company 1 paid the Thrane companies approximately $3,294,675.34 as a result of the scheme to defraud. Upon receipt of these payments from Victim Company 1, Thrane issued 34 kickback payments, totaling approximately $1,740,330 in checks written to Kaushal. On January 3, 2017, after discovering the fraud scheme, Victim Company 1 reversed or voided payments totaling approximately $741,525 to the Thrane companies. Kaushal then provided Thrane with three checks, all dated January 4, 2017, from Kaushal and made payable to one of the Thrane companies, totaling $370,700.06. Kaushal admits that the loss attributable to him as a result of the scheme is between $1.5 million and $3.5 million.
Ivan Victor Thrane, age 65, of Dickerson, Maryland, pleaded guilty to his role in the scheme on August 22, 2019. Judge Grimm has not yet set a date for sentencing.
Kaushal remains detained.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jessica Collins and Gregory Bernstein, who prosecuted the case.
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Rochester Man Going to Prison for His Role in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan Ortega-Baez, 19, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute 400 grams or more of fentanyl, was sentenced to serve 36 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between August and December 2018, the defendant conspired with others to distribute fentanyl in and around the City of Rochester. In furtherance of the conspiracy, Ortega-Baez used a phone provided by a co-conspirator to take calls from drug customers. After receiving orders from the customers, the defendant obtained quantities of fentanyl from a co-conspirator, and then delivered the drugs to the customer. Ortega-Baez would take payment from the customer and deliver the profits to another co-conspirator.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent-in-charge Luis R. Tafoya; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Ringleader of High-End Clothing and Jewelry Heist Crew in Philadelphia and its Surrounding Suburbs Sentenced to 10 Years in PrisonRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Louis Mathis, 49, of Philadelphia, PA was sentenced to 120 months’ imprisonment, three years’ supervised release, and restitution of $398,960 by United States District Court Judge Gerald J. Pappert following his conviction on charges of Hobbs Act robbery and interstate transportation of stolen goods. A co-defendant, Hasan Knight, is scheduled to be sentenced for his conviction on similar charges on Friday, January 17, 2020 at 10:00 a.m., also before Judge Pappert.
Defendants Mathis and Knight both pleaded guilty to federal charges in October 2019, arising from a series of robberies, burglaries, and thefts of department stores in Philadelphia and its surrounding counties in Pennsylvania and New Jersey in 2016. The men and their accomplices robbed or burglarized these businesses, typically to obtain high-end clothing and jewelry, and transported the stolen merchandise (in cars they had stolen) to Philadelphia. Mathis, the leader of this crew of thieves, then fenced the stolen items to shops on Jewelers’ Row and South Street in Philadelphia and to designer clothing sellers.
“Mathis and his accomplices thought they could make a quick buck by victimizing legitimate businesses and passing off the stolen goods as their own,” said U.S. Attorney McSwain. “They were wrong. We will aggressively use all available tools at the federal level to protect businesses and their employees against this type of predation and to keep the community safe.”
“This smash-and-grab crew got bolder as it went along — from overnight break-ins to brazen robberies during business hours that terrified employees and patrons,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “They looted these places, fenced the stolen goods, and pocketed the illegal proceeds. In the end, though, crime doesn’t pay, and has instead led to an extended stay in federal prison. The FBI Violent Crimes Task Force is gratified to see Mathis and his criminal crew off the street.”
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 Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Sarah Damiani.
Rebecca Armell Pleads Guilty to Credit Card FraudRead the Press Release
The United States Attorney for the District of Vermont announced that Rebecca Armell, 46, of Shelburne, pleaded guilty yesterday in United States District Court in Burlington to a charge of credit card fraud. U.S. District Judge Christina Reiss released Armell on conditions pending sentencing, which has been scheduled for May 1.
On December 2, 2019, the United States Attorney filed a one-count information charging Armell with access device fraud. According to the information, in 2018, while employed at the Chimney Sweep in Shelburne, Armell misused the company’s Lowe’s credit card to obtain merchandise having a value in excess of $1000. Armell pleaded guilty to that charge yesterday.
During yesterday’s court hearing, the government proffered that for 20 years prior to December 2018, Armell had worked at the Chimney Sweep – the last ten as a bookkeeper who had check-signing authority. Beginning around 2016, Armell began stealing from the company. She wrote checks to petty cash that she cashed and pocketed the proceeds. She wrote checks to herself that she deposited, falsifying entries in the company’s books to make it appear the checks had been issued to fellow employees. She also misused the company credit card to benefit herself, and charged personal automobile repairs to the Chimney Sweep account. In the aggregate, the losses may total around $290,000.
Armell faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
The case was investigated by the U.S. Secret Service upon referral from the Shelburne Police Department.
Armell is represented by Brooks MacArthur. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Russell Delano Miley-Cruz Sentenced for School Shooting ThreatRead the Press Release
Russell Delano Miley-Cruz, from Scranton, Pennsylvania, was sentenced today to 18 months in prison and three years of supervised release for transmitting a school shooting threat about Parma High School. He was also ordered to reimburse the Parma Police Department for overtime hours incurred responding to this hoax threat.
“Posting threats to disrupt a school day is unlawful conduct under any circumstances, but especially where, like here, the defendant was in another state and then lied about his conduct to law enforcement,” said U.S. Attorney Justin Herdman. “Ensuring the safety of students, faculty, and school employees is a top priority for law enforcement in Northern Ohio. This defendant deserves every day of this 18 month sentence of imprisonment.”
“Making threats to commit a school shooting are not taken lightly by law enforcement as evidenced by this sentence handed down today,” said FBI Special Agent in Charge Eric Smith. “Miley-Cruz induced fear in school personnel, students and their parents at Parma High School and wasted valuable law enforcement resources, and then he lied about being involved. Law enforcement would like to remind people to #thinkbeforeyoupost, hoax threats will be prosecuted.”
“After an exhaustive investigation conducted by members of the Parma Police Department as well as the FBI, we are hoping he receives a sentence which will send a message to others that this is not acceptable and this type of behavior will not be tolerated,” said Parma Police Chief Joseph M. Bobak.
According to evidence presented at sentencing, on April 11, 2018, Miley-Cruz, using the screenname “djravetastic,” sent a Snapchat message to a student he believed attended Parma High School, which stated: “Don’t go to Parma High School tomorrow friend, we are about to shoot that shit up alright man? Don’t tell the cops and you will be fine.” Miley-Cruz claimed to have received the threat himself and was merely forwarding it to the student. Five minutes later, Miley-Cruz sent the student another Snapchat message and told her to tell her friends “because it could save lives,” and added that two of his friends got the same message in Ohio and Tennessee, respectfully. Miley-Cruz sent multiple Snapchat messages urging the student to share the threat with her friends. The student shared the message containing the threat with a friend who then shared it via Snapchat. Thereafter, the threat spread among Parma High School students. The following day, April 12, 2018, approximately 1200 students called out of school with only 340 students attending out of 1553 total Parma High School students.
Prior to transmitting the threat, Miley-Cruz created an account on a virtual private network (VPN) site for encrypted communications. On April 10, 2018, a day before he transmitted the threat, Miley-Cruz searched for and installed an application on his phone that allowed him to mask and manipulate his caller ID to reflect a different phone number than his own. Approximately an hour later, Miley-Cruz received a text from a fake phone number. On April 10, 2018, Miley-Cruz searched “How to share other people’s snaps” and clicked on an article titled “Update: how to send other people’s snaps on snapchat.” Miley-Cruz visited the same article three times within three hours. On April 11, 2018, Miley-Cruz installed an application on his phone that deletes internet search history. Approximately three minutes later, Miley-Cruz search for “Snap History Eraser” and “Snapchat Message Eraser.”
During the investigation, Miley-Cruz provided a fake phone number to the Parma Police, denied knowing anyone who lived in Parma, and denied any knowledge of a school shooting threat to students at Parma High School. Within minutes after speaking with a Parma Police Detective, Miley-Cruz called the Detective back, claiming to have received another school shooting threat. This threat, like the original threat, came from a fake phone number. Finally, Miley-Cruz created a fake Facebook profile utilizing an actual Parma High School student’s image and commented on local media stories taking credit for the school shooting threat.
This case was investigated by the Parma Police Department, the Scranton, Pennsylvania Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorneys John C. Hanley and Robert J. Patton.
Pittsburgh Resident Pleads Guilty to Conspiracy and Health Care FraudRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court yesterday to one count each of conspiracy to defraud the Pennsylvania Medicaid program and health care fraud, United States Attorney Scott W. Brady announced today.
Keith Scoggins, 54, pleaded guilty before United States District Judge Cathy Bissoon.
During his plea hearing, Scoggins admitted that between 2011 and 2017 he was an employee of Moriarty Consultants, Inc. (MCI), one of four related entities operating in the home health care industry. The other three entities were Activity Daily Living Services, Inc. (ADL), Coordination Care, Inc. (CCI), and Everyday People Staffing, Inc. (EPS). MCI, ADL, and CCI were approved under the Pennsylvania Medicaid program to offer certain services to qualifying Medicaid recipients ("consumers"), including personal assistance services (PAS), service coordination, and non-medical transportation, among other services. Between in and around January 2011 and in and around April 2017, MCI, ADL, and CCI, collectively, received more than $87,000,000 in Medicaid payments based on claims submitted for these services, with PAS payments accounting for more than $80,000,000 of the total amount.
During that time, Scoggins, who was employed in a supervisory position as PAS Director, admitted that he participated in a wide-ranging conspiracy to defraud the Pennsylvania Medicaid program for the purpose of obtaining millions of dollars in illegal Medicaid payments through the submission of fraudulent claims for services that were never provided to the consumers identified on the claims, or for which there was insufficient or fabricated documentation to support the claims. As part of the conspiracy, Scoggins admitted that he fabricated timesheets to reflect the provision of in-home PAS care that, in fact, he never provided to the consumer identified on the timesheets. Scoggins further admitted that he caused the submission of Medicaid claims in the name of a "ghost" employee—a close relative—for PAS care that was never provided to the consumer specified on the claims. Likewise, Scoggins admitted that he paid kickbacks to a consumer, totaling approximately $160 every two weeks, in exchange for the consumer’s cooperation in the fraudulent billing scheme. In total, Scoggins admitted causing losses to the Pennsylvania Medicaid program in excess of $100,000.
Judge Bissoon scheduled Scoggins’s sentencing for 2:15 p.m. on May 5, 2020.
The conspiracy and health care fraud charges each carry a maximum total sentence of not more than 10 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.
To date, a total of sixteen defendants have been charged in connection with this investigation. Scoggins is the ninth defendant to enter a guilty plea. The remaining defendants are presumed innocent unless and until proven guilty.
Assistant United States Attorneys Eric G. Olshan and Special Assistant United States Attorney Edward Song are prosecuting this case on behalf of the government. The Federal Bureau of Investigation, Pennsylvania Office of the Attorney General – Medicaid Fraud Control Unit, Internal Revenue Service – Criminal Investigation, U.S. Department of Health and Human Services – Office of Inspector General, and United States Postal Inspection Service conducted the investigation of the defendants.
Pensacola Man Sentenced to 76 Months in Federal Prison for Possession of A Firearm by A Convicted FelonRead the Press Release
PENSACOLA, FLORIDA – A Pensacola man has been sentenced to more than six years in federal prison after pleading guilty to possession of a firearm by a convicted felon. The 76-month sentence handed down to Charleston Pierre Wiggins, 32, of Pensacola, was announced by Lawrence Keefe, United States
Attorney for the Northern District of Florida.On April 29, 2019, Pensacola Police Department (PPD) responded to a shots fired report in
Pensacola, Florida. As a result of its investigation, PPD learned that Wiggins, a convicted felon, and another individual with whom he had a dispute, exchanged gunfire. During the exchange, Wiggins was shot in the leg. The PPD officers who located Wiggins followed a blood trail that led them to the pistol witnesses saw Wiggins carrying as he attempted to flee the area. The officers determined that the firearm, a Smith and Wesson .40 caliber pistol, was stolen.“We will vigorously prosecute those whose actions recklessly endanger the public,” U.S. Attorney
Keefe said. “This convicted felon chose to arm himself with a firearm and now he will pay the heavy consequences for his actions.”The case resulted from the investigation by the Pensacola Police Department and the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by Assistant United States
Attorney J. Ryan Love.“Reducing violent crime and protecting the public in the communities that we serve is a priority for ATF”, said ATF Special Agent in Charge Daryl McCrary, “we will continue to work vigorously with our law enforcement partners to make sure those individuals who commit violent crimes are prosecuted to the fullest extent of the law.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of
2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office prosecuted this case with support from Project Guardian partners, the Pensacola Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. For more information about Project Guardian, please visit: https://www.justice.gov/usao-ndfl/pr/attorney-general-announces-launch-project-guardian-nationwide-strategic-plan-reduce-gun.The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of
Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.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.
Parent Charged in College Admissions Case Indicted on Additional Tax Fraud ChargeRead the Press Release
BOSTON – A federal grand jury in Boston returned the fourth superseding indictment charging one of the 15 parents implicated in the college admissions case with tax offenses.
John Wilson, 59, of Lynnfield, Mass., was indicted on one count of filing a false tax return. It is alleged that Wilson paid a total of $220,000 to secure his son’s admission to the University of Southern California as a purported water polo recruit. Wilson then deducted the $220,000 from his 2014 tax returns as charitable donations and business expenses. According to the charging document, Wilson’s amended 2014 tax returns improperly deducted $220,000 in payments that he allegedly made in exchange for securing his son’s admission to the University of Southern California.
An arraignment date has not yet been scheduled. Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The Department of Education, Office of Inspector General provided assistance with the investigation. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Oklahoma Woman Sentenced to 6½ Years in Prison for Sex Trafficking of a ChildRead the Press Release
PITTSBURGH - A former resident of Tulsa, Oklahoma, has been sentenced in federal court to 78 months’ imprisonment and five years of supervised release on her conviction of violating the Mann Act by transporting a minor across state lines for the purpose of having the individual engage in prostitution and conspiracy, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on Shelby Summer Brown, age 28.
On September 12, 2019, Brown pleaded guilty and admitted that she agreed and conspired with another individual, Oscar Carter, to commit an offense against the United States, that is, to knowingly persuade, induce, entice, and coerce an individual, Minor A (an individual who had not yet attained the age of 18 years) to travel in interstate commerce, from Ohio to Pennsylvania, to engage in prostitution and any sexual activity for which any person can be charged with a criminal offense, and did so, from March 6, 2018 through March 14, 2018.
"Stopping human trafficking is a critical part of our mission. Without the professional and coordinated efforts of the City of Pittsburgh Police, the Cranberry Police Department and the FBI, the child victim would not have been rescued and her traffickers brought to justice. The sex trafficking of children in the Western District of Pennsylvania will not be tolerated," said U.S. Attorney Brady.
Prior to imposing sentence, Judge Bissoon indicated that the sentence was sufficient but not greater than necessary given Brown’s active participation in this horrible crime. Judge Bissoon acknowledged that Brown’s criminal conduct is a reason that these crimes continue to flourish.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation, the Cranberry Township Police, and the City of Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Brown.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
North Carolina Man Convicted of Traveling to Nashville to Have Sex with 15 Year-Old Sentenced to 26 1/2 Years in PrisonRead the Press Release
NASHVILLE, Tenn. – January 14, 2020 – James Frei, 50, of Union Mills, North Carolina, was sentenced yesterday to 26 ½ years in prison for child exploitation and sex crimes, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. A federal jury in February 2019, found Frei guilty of four counts of production of child pornography, one count of enticing a minor to engage in sexual conduct, two counts of traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor, and one count of transporting child pornography.
According to evidence and testimony at trial, in July 2016, the National Center for Missing and Exploited Children (NCMEC) received a cyber-tip from Facebook regarding an adult male engaging in sexually explicit conversations with a minor female, later identified as a 15 year-old living in Nashville. The conversations indicated that the adult may have already traveled to Nashville to have sex with the minor female. This information was relayed to the Metropolitan Nashville Police Department (MNPD) for further investigation.
A MNPD detective identified and interviewed the minor and learned that she had met the man, later identified as Frei, in May 2016 through a teen chat room on Facebook and that he had traveled to Nashville multiple times in May 2016 and went to her house after her father had left for work, where they engaged in sexual activity. The minor female was then driven to a nearby park where they again engaged in sexual activity. Frei returned to Nashville for a few days in June 2016 and on two occasions, he took the minor to a hotel near the airport and engaged in sexual activity. The detective also learned that Frei had recorded the sexual encounters with his cell phone.
A subsequent search warrant served at Frei’s North Carolina home resulted in the seizure and forensic examination of his cell phone, which was found to contain numerous images and videos of him engaging in sex with the minor female and over 500 images and videos of child pornography. The investigation also determined that Frei had been downloading child pornography for approximately 10 years and had participated in hundreds of conversations with underage children, which were sexual in nature. Frei had previously been convicted of criminal offenses involving minors in the states of North Carolina and Michigan.
This case was investigated by the Metropolitan Nashville Police Department and prosecuted by Assistant U.S. Attorneys Katy Risinger and Christopher Suedekum.
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New Haven Man Sentenced to 30 Months in Prison for Gun and Drug OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MARIANO IRIZARRY, 36, of New Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 30 months of imprisonment, followed by three years of supervised release, for firearm and drug offenses.
According to court documents and statements made in court, in the early morning hours of January 1, 2019, New Haven Police officers assigned to a New Year’s Eve crime prevention detail responded to a disturbance and a report of an individual with a gun in front of a nightclub on Hamilton Street in New Haven. At the scene, a bystander identified Irizarry as being in possession of a gun. After ignoring various commands from officers, Irizarry opened the driver’s side door of his vehicle and made furtive movements in the area of the steering wheel. He then closed the door and surrendered to officers. A subsequent search of the area beneath the steering wheel revealed a loaded .40 caliber Glock 27 pistol.
The firearm had been reported stolen in a residential burglary in New Haven in March 2015.
Irizarry’s criminal history includes felony drug convictions in 2000 and 2010, and a felony conviction in August 2000 for illegal sexual contact with a minor.
Irizarry was arrested on a federal criminal complaint on February 6, 2019, and was released on a $50,000 bond. On June 17, 2019, he sold four bags of heroin, some of which contained fentanyl, to an individual working with law enforcement. He has been detained since his arrest on June 27, 2019.
On September 30, 2019, Irizarry pleaded guilty to one count of possession of a firearm by a convicted felon, and one count of distributing a controlled substance while on pretrial release.
This matter was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
New Haven Gang Member Sentenced to 12 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that SEDALE PERVIS, also known as “Scope,” 27, of New Haven, was sentenced yesterday by U.S. District Judge Michael P. Shea in Hartford to 144 months of imprisonment, followed by three years of supervised release, for his role in a violent street gang.
According to court documents and statements made in court, in 2016, the New Haven Police Department’s Shooting Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began investigating numerous unsolved shootings that had occurred in New Haven and Hamden. Ballistic examination of recovered cartridge cases determined that three firearms were used in 18 shootings committed in or around New Haven in 2016. The investigation revealed that the firearms were possessed by members and associates of the Goodrich Street Boys (“GSB”), a New Haven street gang, and that GSB members also were involved in a number of other shootings in 2016, many of them retaliatory against rival gang members.
On August 3, 2017, a grand jury in New Haven returned a 13-count indictment charging Pervis and five other GSB members with racketeering, attempted murder, firearm and narcotics trafficking offenses. The indictment alleged that, between September 2015 and May 2016, GSB members and associates were involved in six gang-related shootings that caused injuries to five individuals.
The investigation revealed that Pervis oversaw, managed and facilitated numerous shootings for which GSB members were responsible.
Pervis previously pleaded guilty to one count of conspiracy to engage in a pattern of racketeering activity and one count of possession of a firearm in furtherance of a drug trafficking crime. In pleading guilty, Pervis admitted that a firearm that he had been holding was going to used in two shootings. As to one of the shootings, Pervis and other GSB members conspired to kill an individual who they believed had been disrespectful to a GSB member. On May 27, 2016, GSB members ambushed the individual and his friend as the pair were walking on a busy street in New Haven. The individual, who survived the attack, identified GSB member Milton Westley as an assailant. Westley first shot the victim in the stomach. After the victim collapsed to the ground, Westley stood over him and shot him in the head. Another GSB member shot the second victim in the hand as he attempted to shield his face.
The victim who was shot in the stomach and head continues to recover from his injuries. He was in a coma for several weeks and had to learn to walk and talk again. This victim had been shot at by GSB members twice prior to May 27, 2016.
GSB members also shot at rival gang members on February 6, 2016, in a densely populated residential area; March 13, 2016, during a heavily attended St. Patrick’s Day parade in downtown New Haven; and July 21, 2016, during which an innocent bystander was shot in the chest through her bedroom window.
GSB members also used social media to post pictures and videos of themselves with firearms, and used social media to threaten rivals, including individuals who might cooperate with law enforcement.
The investigation further revealed that Pervis and other GSB members were involved in the acquisition and distribution of heroin, cocaine and marijuana.
Pervis has been detained since May 1, 2017.
Pervis is the fifth GSB member to be sentenced. On October 24, 2019, Michael Via, also known as “Mike Live,” was sentenced to 78 months in prison; on October 30, 2019, Michael Belle, also known as “MB,” was sentenced to 87 months in prison; on October 31, 2019, Milton Westley, also known as “Reese,” was sentenced to 156 months in prison, and on November 4, 2019, Clifford Brodie, also known as “Cliff G,” was sentenced to 168 months in prison. A sixth GSB member, Dejuan Ward, also known as “Hot Boi,” has pleaded guilty and awaits sentencing.
U.S. Attorney Durham noted that federal prisoners are required to serve at least 85 percent of their prison term and are not eligible for parole.
U.S. Attorney Durham further noted that federal law prohibits any retaliation against a federal witness. If persons retaliate against a federal witness “because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in that case.” Because the maximum term charged in the case was life imprisonment, anyone who tampers with a federal witness in this case faces life imprisonment.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
This investigation is being conducted by ATF and the New Haven Police Department. The FBI, Hamden Police Department and New Haven State’s Attorney’s Office have provided critical assistance in the investigation.
An instrumental component of this investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Peter D. Markle, Rahul Kale and Jocelyn Courtney Kaoutzanis.
Nashua Man Pleads Guilty to Participating in Drug Trafficking Conspiracy in Nashua AreaRead the Press Release
CONCORD – William Greenleaf, 43, of Nashua, pleaded guilty in federal court to participating in a conspiracy to distribute crack cocaine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Greenleaf was a member of a drug trafficking organization that distributed crack cocaine and other drugs to various customers in the Nashua area.
Greenleaf is scheduled to be sentenced on April 28, 2020.
“Crack cocaine is an illegal substance that endangers the lives of users and undermines the safety of our communities” said U.S. Attorney Murray. “Together with our federal, state, and local law enforcement partners, we continue to work toward ending the sale of dangerous drugs in New Hampshire. The action of the FBI and Nashua Police Department in this case, served to protect Granite Staters from the overall harmful impact of unlawful drug sales.”
"The investigation of this Nashua-based drug trafficking organization and its associates, including William Greenleaf, can only have a positive impact. It's our hope that lives will be saved, and that others are spared being introduced to the crack cocaine he either bought from the group and resold or helped bring into neighborhoods by driving its members to their own sales calls," said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. "While we are pleased by Mr. Greenleaf's acceptance of responsibility today, the FBI remains committed to fighting the battles still to be won against those profiting from illegal narcotics in the Granite State."
This matter was investigated by the Federal Bureau of Investigation and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorneys Georgiana Konesky and Anna Krasinski.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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NDTX Round-Up January 14Read the Press Release
SENTENCING – SU Y AMOS MUN
On December 23, Su Y Amos Mun, was sentenced to 20 years in federal custody for maintaining a drug involved premises. Mun admitted to being the owner and manager of the HanGil Hotel Town between January 2018 and March 2019. He knowingly made rooms available for guests to be used for storing and distributing various illegal substances. He continued this practice, despite being informed of multiple heroin overdose deaths in his establishment. To read more about the HanGil Hotel case, click here. This case was investigated by the Drug Enforcement Administration, the Dallas Police Department, and the Coppell Police Department, and prosecuted by AUSA Rick Calvert.
GUILTY PLEA – SOPHIA LIAO AND BOONCHAI DUMRONGSRI
On December 31, Sophia Liao, 62, and her husband, Boonchai Dumrongsri, 55, pled guilty to conspiracy to distribute methamphetamine. Both defendants face up to 20 years in federal custody. Liao sold a total of 86.2 grams of methamphetamine to an undercover officer on six occasions between June 2013 and February 2016. Dumrongsri also sold methamphetamine to an undercover officer. This case was investigated by the Drug Enforcement Administration and the Garland Police Department and is prosecuted by AUSA Phelesa Guy.
SENTENCING – JOSE GUADALUPE HERNANDEZ-SALDIVAR
On December 19, Jose Guadalupe Hernandez-Saldivar, 26, was sentenced to 17 years and 6 months in federal custody for conspiracy to distribute heroin. An undercover officer negotiated the purchase of multiple kilograms of heroin with the leaders of a drug trafficking organization in Mexico. The officer was put in contact with Hernandez-Saldivar who coordinated a meeting at a Fiesta Mart in Dallas to conduct the drug deal. Later, Hernandez-Saldivar was confronted by law enforcement about the delivery and admitted to directing the exchange and possessing more heroin in his Dallas residence. This case was investigated by the North Texas Strike Force and prosecuted by AUSA John Kull.
SENTENCING – CHARLES EDWARD GRANT
On December 18, Charles Edward Grant, 24, was sentenced to 3 years and 4 months for bank robbery. Grant entered a Bank of America and walked over to one of the tellers, presenting a note demanding money. The note stated, “It’s a robbery. No Police. No Tracking. No Ink… I have a gun.” The teller forfeited the money, fearing for his life. This case was investigated by the Dallas Police Department and the Federal Bureau of Investigation and prosecuted by AUSA Walt Junker.
SENTENCING – RALPH JAY ADAMS
On December 19, Ralph Jay Adams, 40, was sentenced to 30 years in federal prison for possession with intent to distribute methamphetamine. Adams sold 13.37 grams of methamphetamine to another individual, at least 5 grams of which was “actual methamphetamine.” He also admitted that this methamphetamine was imported into the United States from Mexico. This case was investigated by the Texas Department of Public Safety and the Dallas Police Department and prosecuted by AUSA PJ Meitl.
Mid-State Physician Charged in $7 Million Healthcare Fraud ConspiracyRead the Press Release
NASHVILLE, Tenn. – January 14, 2020 – James L. Crabb, M.D., 78, of Loretto, Tennessee, is facing federal charges for his role in a $7 million healthcare fraud conspiracy, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Crabb was charged in a criminal Information on December 20, 2019, and appeared before a U.S. Magistrate Judge yesterday.
According to the charging document, Crabb is a medical doctor, licensed to practice in the states of Tennessee and Mississippi, and operated as a consulting provider to a Florida-based telehealth and marketing company and a physician staffing company located in Georgia. As an enrolled and participating provider in Medicare, Crabb obtained access to Medicare patients through these companies, which recruited patients through advertising and telemarketing, regardless of medical necessity.
Part of the conspiracy involved unsigned orders and prescriptions for Durable Medical Equipment, which Crabb received from these companies and others. Crabb signed the orders and prescriptions in the absence of any pre-existing doctor-patient relationship and without a physical examination as required by Medicare. The charges also allege that Crabb frequently signed orders and prescriptions based only on a brief telephonic conversation or no conversation at all with the Medicare beneficiary. In other instances, Crabb assigned the signing of his name to an unlicensed assistant and paid this individual cash for each prescription signed – also impermissible under Medicare regulations. Crabb also signed orders and prescriptions for patients located in states where he was not licensed.
The Information alleges that during the period of February 2015 through August 2019, James Crabb and others caused the submission of approximately $7 million in false and fraudulent claims to Medicare. The prescribed DME was not medically necessary, was not provided as represented and not eligible for reimbursement, including because the orders and prescriptions were procured through the payment of kickbacks and bribes. The Information also contains a forfeiture allegation in the amount of $493,780.00 – the amount Crabb received in kickbacks resulting from the scheme.
Crabb made his initial appearance before a U.S. Magistrate Judge in Nashville yesterday and was released with certain conditions, including that he not be allowed to practice medicine.
If convicted, Crabb faces up to 10 years in prison and a $250,000 fine.
This case is being investigated by the U.S. Department of Health & Human Services-Office of Inspector General. Assistant U.S. Attorney Sarah K. Bogni is prosecuting the case.
The charge is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Mexican national headed to prison for attempting to smuggle methRead the Press Release
LAREDO, Texas – A 42-year-old resident of Monterrey, Mexico, has been sentenced to federal prison following his conviction of conspiracy with intent to distribute meth, announced U.S. Attorney Ryan K. Patrick.
Juan Carlos Castillo-Cantu pleaded guilty Oct. 2, 2019.
Today, U.S. District Judge Marina Garcia Marmolejo ordered him to prison for a total of 96 months. Not a U.S. citizen, Castillo-Cantu is expected to face removal proceedings following the sentence.
On July 17, 2019, Castillo-Cantu drove a Dodge Ram pickup truck to the Lincoln-Juarez Bridge Port of Entry in Laredo. A K-9 then alerted to the presence of narcotics, after which an x-ray examination revealed anomalies in all four tires.
Ultimately, authorities removed a total of 24 bundles from aftermarket compartments in the wheels. They all tested positive for meth at a purity level of 98%. The drugs had a net weight of 69.7 kilograms.
Castillo-Cantu was to be paid $5,000 to drive the narcotics-laden truck to Dallas. There, he expected to receive specific instructions where to make final delivery of the vehicle. Someone would then remove the drugs, after which Castillo-Cantu would then drive the truck back to Mexico.
Castillo-Cantu was also supposed to recruit other drivers. However, they decided to back-out at the last minute.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Michael Bukiewicz prosecuted the case.
Mexican National Pleads Guilty to Illegally Entering the United States Eight TimesRead the Press Release
KANSAS CITY, Mo. – A Mexican national pleaded guilty in federal court today to illegally entering the United States for the eighth time.
Jesus Vargas-Melendez, 40, pleaded guilty before U.S. Magistrate Judge John T. Maughmer to unlawfully reentering the United States after having been previously deported.
By pleading guilty today, Vargas-Melendez admitted that he illegally entered the United States eight times and had been deported on seven prior occasions. Vargas-Melendez was arrested on Oct. 17, 2019, and convicted of illegal dumping. He had been previously deported and removed on Sept. 10, 1998, Oct. 17, 2000, June 10, 2003, Oct. 2, 2009, Nov. 5, 2010, Jan. 22, 2011, and April 13, 2011.
Vargas-Melendez has two prior federal convictions for illegally entering the United States.
Under federal statutes, Vargas-Melendez is subject to a sentence of up to two years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Bradley Cooper. It was investigated by Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations.
Meth trafficking, firearms send Billings man to prisonRead the Press Release
BILLINGS—A Billings man was sentenced today to 13 years in prison and five years of supervised release after a traffic stop ultimately led to his conviction on methamphetamine trafficking and firearms crimes, U.S. Attorney Kurt Alme said.
Fred Lewis Cutsinger, 32, pleaded guilty in August to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
Chief U.S. District Judge Dana L. Christensen presided.
In court documents filed in the case, the prosecution said that Cutsinger was wanted on a warrant from Utah when he was arrested in Butte in November 2018 in an unrelated case. Prior to his November 2018 arrest, a Montana Highway Patrol trooper in Jefferson County made a traffic stop in August 2018 of a truck being driven erratically on the interstate. Cutsinger and his girlfriend were in the truck. Both provided false identification and inconsistent stories. The girlfriend was arrested and the truck was impounded pending a search warrant. Cutsinger was released. Although the Utah warrant was active, the trooper did not realize at the time that Cutsinger had provided false identification.
During a search of the truck, law enforcement found methamphetamine and two stolen firearms. Prior to the August 2018 traffic stop, the Billings drug task force received information from a number of sources describing Cutsinger as a drug supplier and seller.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI Transnational Organized Crime West task force.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Maryland Man Pleads Guilty to Making Multiple Threats to Injure and Kill HispanicsRead the Press Release
MIAMI - Eric Lin, 35, of Clarksburg, Maryland, pled guilty today in South Florida to a felony charging him with knowingly and intentionally transmitting a threatening communication in interstate commerce, in violation of Title 18, United States Code, Section 875(c). Lin made repeated on-line threatening communications that targeted Hispanics.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office made the announcement.
According to the facts admitted at the change of plea hearing, between May 30, 2019, and August 14, 2019, Eric Lin made multiple threatening communications via Facebook to injure and kill a South Florida resident and to kill all Hispanics in Miami and other places. Among the threatening communications that Lin admitted to making included: “I’m coming to Rape and kill you” and “I will stop at Nothing until you, your family, your friends,, your entire WORTHLESS LATIN RACE IS RACIALLY EXTERMINATED!” Lin also admitted that in his messages he discussed mass shootings of Hispanics and the idolization of Adolf Hitler.
Lin pled guilty before U.S. District Judge Federico A. Moreno (Case No. 19cr20551). Lin faces a maximum statutory term of five years in prison and three years of supervised release, when he is sentenced by Judge Moreno on March 30, 2020 at 9:45 a.m.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and the City of Miami Police Department. The case is being prosecuted by Assistant U.S. Attorney Maria K. Medetis.
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 on http://pacer.flsd.uscourts.gov.
Man from Las Vegas, New Mexico pleads guilty to federal charge of possession with intent to distribute crack cocaineRead the Press Release
ALBUQUERQUE, N.M. – Anthony Paul Salazar, 23, of Las Vegas, New Mexico pleaded guilty in federal court in Albuquerque on Jan. 14 to a charge of possession with intent to distribute crack cocaine (cocaine base).
In Salazar’s plea agreement, he admitted committing this offense in San Miguel County on Sept. 19, 2019. Salazar stored 31 bundles of crack cocaine in a film container at his home in Las Vegas. He intended to sell this crack cocaine. The FBI and New Mexico State Police arrested Salazar and seized the drugs during the execution of a federal search warrant at his residence.
Salazar is currently out of custody awaiting sentencing. He faces up to 20 years in prison.
The FBI investigated this case with the New Mexico State Police. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Man from Albuquerque sentenced to more than 20 years in federal prison for methamphetamine trafficking and firearm possessionRead the Press Release
ALBUQUERQUE, N.M. – Waldo Nahle, 37, of Albuquerque, New Mexico was sentended in federal court in Santa Fe, New Mexico on Jan. 10 to more than 20 years (250 months) in prison on three counts of distribution of methamphetamine, two counts of conspiracy to distribute methamphetamine, and one count of being a felon in possession of a firearm.
Nahle previously pleaded guilty to these offenses on July 22, 2019. According to public court documents, Nahle participated in sales of methamphetamine to an undercover agent on three different occasions in July 2016. Nahle conspired with his supplier and another methamphetamine trafficker in obtaining the drugs provided to the undercover agent in these transactions.
Nahle also sold a pistol to the undercover agent and a confidential informant during the first transaction. Nahle was prohibited from possessing any firearms at the time of this offense based on prior felony convictions for armed robbery with a deadly weapon, battery of a peace officer, being a felon in possession of a firearm and shooting from a motor vehicle.
Following Nahle’s arrest for these offenses, he committed an additional offense of assaulting and impeding a federal employee. According to public court records, he assaulted a guard at the Sandoval County Detention Center on May 11, 2017. Nahle held the guard while another inmate kicked and punched the guard. Nahle pleaded guilty to this offense on Aug. 23, 2018. He is awaiting sentencing in this matter.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with assistance from the Drug Enforcement Administration. Assistant U.S. Attorneys Kimberly A. Brawley and Eva M. Fontanez prosecuted the case.
Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
ALEXANDRIA, Va. – A Washington D.C. man pleaded guilty today to conspiracy to distribute heroin and fentanyl, in addition to armed drug trafficking.
According to court documents, Phillip Thurston Mace, 38, sold heroin and fentanyl to an undercover police detective in Fairfax county during the course of several months. Mace also purchased two Glock handguns. He was arrested shortly after taking possession of the handguns.
In October 2018, an individual was arrested for shoplifting in Fairfax County. During the search, law enforcement discovered the individual to be in possession of heroin. The individual agreed to cooperate with law enforcement and provide assistance in the investigation of the Mace drug trafficking organization. Law enforcement conducted multiple controlled buys of drugs from Mace. In September 2019, an undercover detective met with Mace where 28 grams of heroin and 28 grams of fentanyl were given to the undercover detective, in return the officer gave Mace over $3,000 and a toolbox with two Glock handguns. After this transaction, Mace noticed an undercover police vehicle and fled from the scene. He was arrested shortly afterwards and officers recovered the firearms.
Mace pleaded guilty to conspiracy to distribute heroin and 40 grams or more of fentanyl, and possession of a firearm in furtherance of drug trafficking. He faces a maximum penalty of 40 years to life in prison when sentenced on April 10. 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.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea. Assistant U.S. Attorney Michael P. Ben’Ary is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-341.
Los Angeles Woman Pleads Guilty to Transporting 60 Pounds of Meth to KansasRead the Press Release
WICHITA, KAN. – A woman from Los Angeles pleaded guilty in federal court Monday to transporting 60 pounds of methamphetamine to Kansas, U.S. Attorney Stephen McAllister said.
Maria Alvarez-Buenrostro, 46, Los Angeles, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. In her plea, she admitted that the Kansas Highway Patrol stopped her car Feb. 12, 2019, in Ellis County, Kan. A trooper found the methamphetamine in heat-sealed bags hidden in a real quarter panel and in both rear doors.
Sentencing is set for April 16. She could face a sentence of not less than 10 years and a fine up to $10 million. McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
Leupp Man Sentenced to 12.5 Years in Prison for AssaultRead the Press Release
PHOENIX, Ariz. – On January 13, 2020, Jarrett Michael Yazzie (42), of Leupp, Ariz. was sentenced by U.S. District Judge Douglas L. Rayes to 150 months in prison to run concurrent with his sentence of 120 months in prison, to be followed by five years of supervised release. Yazzie had previously pleaded guilty to assault resulting in serious bodily injury and assault by strangulation or suffocation by a spouse or intimate partner.
Between May 1, 2016 and April 20, 2018, Yazzie struck a minor victim in the face with his hand causing serious bodily injury. In July 2017, Yazzie strangled an adult victim two times, impeding the victim’s ability to breathe. The assaults happened on the Navajo Indian Reservation and Yazzie is a member of the Navajo Nation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Division of Public Safety. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
Las Vegas Man Sentenced to Prison for Selling Hundreds of Firearms Without A LicenseRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who sold nearly 200 firearms without a Federal Firearms License was sentenced today by U.S. District Judge Kent J. Dawson to two years and five months in prison to be followed by three years of supervised release, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
“Through Project Guardian, the Department of Justice is focused on preventing and prosecuting gun crimes,” said U.S. Attorney Trutanich. “Today’s sentence will help deter those who ‘lie and buy’ firearms that, all too often, are resold and then used by violent criminals.”
Sylvester Mitchell, 47, pleaded guilty to one count of dealing in firearms without a license. Mitchell pleaded guilty to the federal charge in October 2019.
According to court documents, between January 2017 and November 2017, Mitchell purchased approximately 226 pistols. Mitchell purchased firearms on a weekly basis and, on several occasions, went to multiple Federal Firearm Licensees on the same day to buy guns. A few days or weeks after purchasing those firearms, Mitchell — who did not have a license to sell firearms — would place online advertisements offering to sell them. Of those firearms, over 100 were subsequently recovered and found to have been illegally possessed, used in a crime, or suspected to have been used in a crime. As of today, five of the firearms Mitchell illegally sold were recovered in connection with homicides.
Between June 1, 2017 and September 14, 2017, law enforcement conducted multiple undercover firearms purchases from Mitchell based on his online advertisements. On November 7, 2017, during the execution of a search warrant, law enforcement seized 37 firearms, including eight that were advertised as being for sale at the time of the search warrant execution.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Christopher Burton prosecuted the case.
This case was 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.
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Kenai Man Sentenced to Federal Prison for Threatening to Kill State Court Judge’s FamilyRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that a Kenai man has been sentenced to federal prison for threatening in a 2017 court filing to kill the family of a Superior Court Judge with the State of Alaska.
Steven Bachmeier, 43, of Kenai, was sentenced on Friday, Jan. 10, 2020, by U.S. District Judge Sharon L. Gleason to serve five years in prison, which is the maximum sentence allowed by statute, followed by three years of supervised release. The defendant’s sentencing guideline range was 41 to 51 months’ imprisonment. After a three-day trial in January 2019, a federal jury convicted Bachmeier of one count of mailing a threatening communication.
According to court documents, during a May 2010 hearing, the Judge denied Bachmeier’s request to withdraw a guilty plea in a felony criminal case. In response, Bachmeier became angry and threatened to “carve the flesh” from the Judge’s children. Bachmeier was sentenced to eight years in prison for the charges to which he had pleaded guilty.
In January 2017, the judge was assigned to a new civil case, which Bachmeier initiated to have his name legally changed. Bachmeier was angry that the same judge had been assigned to preside over his request to change his name, and in response, he mailed in a pleading in which he wrote “I have told her in past I’m going to kill her family, which I still [entend] to do.” (Sic).
The Federal Bureau of Investigation (FBI) and the Alaska State Troopers, Division of Judicial Services conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorneys Anne Veldhuis and Aunnie Steward.
Jury convicts local man on cocaine chargesRead the Press Release
McALLEN, Texas – A federal jury has returned a guilty verdict against a 45-year-old Alton man for conspiracy to possess with intent to distribute more than five kilograms of cocaine, announced U.S. Attorney Ryan K. Patrick.
The jury deliberated for approximately six hours before convicting Rosbel Garcia following a one-day trial which included seven witnesses.
According to the testimony, authorities learned of a possible 20-kilogram cocaine transaction that would be occurring in the Houston area in January 2018.
At trial, the jury heard from Rene Ramos III who explained that he had been previously arrested in Houston while in possession of approximately 60 pounds of marijuana belonging to Garcia in 2012. He claimed that at the time of that arrest, he was also in possession of approximately $90,000 of Garcia’s drug trafficking proceeds.
In early January 2018, Ramos claimed Garcia contacted him and told him he had to begin working for him in order to reduce that drug debt. As part of that involvement, Ramos testified he directed his wife, Christy Leigh Wells, to deliver cocaine to individuals in Houston.
Testimony revealed Garcia traveled to Houston from the Rio Grande Valley in January 2018 along with Luby Janet Luna. Wells also testified and admitted she delivered 10 kilograms of cocaine to Luna and others Jan. 30, 2018.
The defense attempted to convince the jury that all involved were just cons who fabricated Garcia’s involvement in the scheme. The jury disagreed and found him guilty as charged.
Wells, 42, of Cypress, previously pleaded guilty to conspiracy to possess with the intent to distribute more than five kilograms of cocaine Nov. 28, 2018.
Luna, 33, of Mission, is a fugitive and a warrant remains outstanding for her arrest. Anyone with information about her whereabouts is asked to contact the United States Marshals at (956) 618-8025.
U.S. District Judge Micaela Alvarez presided over the trial and set sentencing for March 26 at 2 p.m. At that time, Garcia faces a minimum of 10 years and up to life in prison as well as a possible $10 million fine.
Previously released on bond, Garcia was ordered into custody pending that hearing.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Roberto Lopez Jr. and M. Alexis Garcia prosecuted the case
Jefferson County man admits to drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Derrick Hough, of Charles Town, West Virginia, has admitted to drug distribution, U.S. Attorney Bill Powell announced.
Hough, age 27, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Cocaine Hydrochloride and Cocaine Base.” Hough admitted to working with others to distribute heroin, cocaine hydrochloride, and cocaine base from February 2019 to June 2019 in Berkeley County and elsewhere.Hough faces up to 20 years incarceration and a fine of up to $1,000,000. 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 Jeffrey A. Finucane is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jackson Man Sentenced to Five Years in Federal Prison under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Jonathan Beasley, 28, of Jackson, was sentenced yesterday by Chief U.S. District Judge Daniel P. Jordan II to 60 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi. Beasley was also ordered to pay a $1500 fine.
On December 20, 2016, Beasley was convicted of felonious possession with intent to distribute marijuana in Hinds County and was sentenced to time served. On March 19, 2017, just three months after his conviction, Beasley was found with a firearm in his possession after wrecking his car at a gas station in Hinds County. During a subsequent law enforcement interview, Beasley admitted to possessing the gun and to purchasing the gun off the street.
Beasley was found guilty pursuant to a jury verdict on October 17, 2019 following a two-day trial.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 Federal Bureau of Investigation and Jackson Police Department investigated the case. The case was prosecuted by Assistant United States Attorneys Andrew W. Eichner and Theodore Cooperstein.
Indianapolis Men Charged with Illegal Possession of a FirearmRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Marvin Graves, 22, and Dominique Jones, 31, both of Indianapolis, were recently charged in separate complaints for federal firearm offenses.
"The U.S. Attorney’s Office is committed to reducing gun violence through its Project Guardian initiative," said Minkler. "If you are illegally in possession of a firearm, you will be prosecuted fully under federal law.
Marvin Graves was charged with possession of a firearm and/or ammunition by a prohibited person. On December 23, 2019, Graves was spotted by an Indianapolis Metropolitan Police Department (IMPD) officer. The officer knew that Graves was currently wanted for a parole violation for armed robbery in Marion County, Ind. The officer saw Graves go into a convenience store, return several minutes later, and drive away. Assisting officers in the area attempted a traffic stop. However, before officers could stop the car, Graves exited the moving car from the passenger side and fled on foot. While running, officers witnessed Graves holding his waistband. After continuing to run and ignoring officer commands to stop, Graves was apprehended. Graves did not have a firearm in his possession at the time he was taken into police custody. A witness later alerted to police that he had seen Graves discard a black object. The officers went to the exact location described by the witness and located a firearm. Graves has previous felony convictions in Marion County, Ind. for escape, pointing a firearm, and armed robbery.
Dominique Jones was charged with possession of a firearm by an unlawful user of a controlled substance. On January 3, 2020, IMPD SWAT executed a search warrant at a residence where Jones was located. Officers made announcements for the occupants to exit the house. Jones and a juvenile male exited the residence and were detained. Upon inquiring as to whether there were any firearms in the residence, for safety purposes, Jones admitted that he left his 9mm in the residence. During an interview with the officers, Jones advised there would be marijuana in his vehicle, which Jones stated was for his own "personal use." Officers searched the car and found marijuana and plastic baggies. Jones admitted to being a marijuana user and to selling marijuana and Percocet. He stated he carries the 9mm firearm for protection.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indianapolis Metropolitan Police Department.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
"Working with our federal law enforcement partners to remove crime guns from our neighborhoods, as well as the individuals who seek to use them to perpetrate violence, remains a priority," said IMPD Chief Randal Taylor. "In 2019 alone, the Marion County Crime Lab processed more than 3,500 guns brought in by IMPD officers and detectives as they worked to make our community a safer place."
According to Assistant United States Attorney Lawrence D. Hilton, who is prosecuting the Graves case for the government, Graves faces up to 10 years in prison, if convicted.
According to Assistant United States Attorney Lindsay E. Karwoski, who is prosecuting the Jones case for the government, Jones faces up to 10 years in prison, if convicted.
A complaint is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Illegal Alien from Mexico, Previously Deported Three Times, Sentenced for Unlawfully Reentering the United States after Previous RemovalRead the Press Release
Gulfport, Miss. – Luis Alberto Preza-Mendez, 31, an illegal alien from Mexico, was sentenced Friday by U.S. District Judge Sul Ozerden to 12 months and one day in federal prison, followed by one year of supervised release, for unlawful reentry by an alien after deportation or removal, announced U.S. Attorney Mike Hurst and William Joyce, Acting Field Office Director of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations in New Orleans.
On March 12, 2019, the Harrison County Sheriff’s Office notified ICE that the Defendant, Luis Alberto Preza-Mendez, had been arrested for a domestic disturbance and confessed to being an illegal alien from Mexico. Preza-Mendez was arrested and transported to the Gulfport ICE Office. He was positively identified via a fingerprint scan into the U.S. Department of Homeland Security computerized records system, which accessed his prior immigration records including photographs, fingerprints and prior removal documents. Electronic database queries confirmed that Preza-Mendez is a citizen of Mexico who had been physically removed pursuant to a lawful removal order and did not have permission to reenter the U.S.
Preza-Mendez had been officially ordered removed from the United States on October 13, 2013. After being physically removed based on this lawful order, he returned to the United States, and was again removed in 2014. Thereafter, he reentered the United States again, and was removed again on or about November 4, 2014. At the time of his most recent removal, Preza-Mendez was prohibited from entering, attempting to enter, being in the United States or applying for admission to the United States for a period of 20 years.
Preza-Mendez pled guilty on June 20, 2019, before Judge Ozerden.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Immigration & Customs Enforcement, Enforcement Removal Operations, and the Harrison County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for this case.
IRS Service Center Employee Charged with Filing Hundreds of False Tax ReturnsRead the Press Release
BOSTON – An employee of the IRS Service Center in Andover was charged today with filing over 500 false tax returns for herself and other individuals.
Jennifer Beth True, 44, of Lawrence, was charged with wire fraud and aggravated identity theft. True will make an initial appearance today in federal court in Boston.
According to charging documents, True has been employed by the Internal Revenue Service for over 22 years. In her current position as a Lead Contact Representative, she assists team members in responding to difficult and complex taxpayer inquiries. Throughout her employment, True has been trained in tax law, ethics, information protection and disclosure, privacy, identity theft and identity protection.
It is alleged that True electronically filed over 590 tax returns for herself and other taxpayers between 2012 and 2017, in violation of IRS rules prohibiting employees from “Engaging in the preparation of tax returns for compensation, gift, or favor.” True received between $40 and $100 per return that she prepared, and prepared the vast majority of the tax returns on her personal computer using TaxAct software. The investigation revealed that between approximately February 2012 and April 15, 2018, True prepared at least 70 IRS Forms 1040 – U.S. Individual Income Tax Returns – for taxpayers that included materially false items such as false individual retirement account deductions, false medical expenses, false and inflated unreimbursed business expenses and/or false tax preparation fees. Some returns also included false child and dependent care credits. Additionally, True allegedly amended one taxpayer’s income tax returns for three prior years, in order to claim false deductions. Numerous taxpayers told investigators they had not provided True with the false information and that they did not know that True was including such false information on the returns she prepared.
In addition, on or about Feb. 15, 2015, True electronically filed her own personal IRS Form 1040 for the year 2014. True claimed seven dependents, including a taxpayer who was not True’s dependent and who had paid True to prepare and file her tax returns. As a result of claiming the taxpayer as a dependent, True’s tax obligation for 2014 was reduced. This taxpayer never gave True permission to claim her as a dependent.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine. The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of up to$250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; William Kalb, Special Agent in Charge of the Treasury Inspector General for Tax Administration, New York Field; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Kristina E. Barclay, of Lelling’s Public Corruption Unit, is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Guatemalan Man Who Used a Fraudulent Social Security Card Sentenced to PrisonRead the Press Release
A man who used a false identification document and someone else’s name and social security number was sentenced today more than two months in federal prison.
Diego Tomas-Mejia, age 22, a citizen of Guatemala illegally present in the United States and residing in Iowa, received the prison term after a November 21, 2019, guilty plea to one count of unlawful use of an identification document and one count of misuse of a social security number.
At the guilty plea, Tomas-Mejia admitted he used a fraudulent Social Security card when he completed employment and tax forms using someone else’s name and Social Security Number in January 2017 at a business in Tama, Iowa.
Tomas-Mejia was found by immigration agents in October 2019 at the Tama County Jail after he was arrested for public intoxication and providing a false name to law enforcement officers. Immigration fingerprint records showed that Tomas-Mejia had illegally entered the United States in August 2014 and was released on bond by the U.S. Border Patrol. Tomas-Mejia was ordered deported in absentia in December 2015 after he failed to appear for immigration proceedings and his whereabouts were unknown until the current arrest.
Tomas-Mejia was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Tomas-Mejia was sentenced to 72 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Tomas-Mejia is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
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-116.
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Grand jury indicts Dayton man with shooting mail carrierRead the Press Release
DAYTON – A Dayton man has been charged federally after allegedly shooting a United States Postal Service mail carrier.
A federal grand jury has charged Christopher O. Gibson, 47, with assaulting and injuring a United States employee with a deadly weapon and using a firearm during a crime of violence. Gibson allegedly shot the postal worker as the worker delivered mail near Gibson’s home on Arlene Avenue in Dayton.
According to court documents, on Jan. 3, Gibson fired at the letter carrier three times, striking him once in the leg.
It is alleged that Gibson had threatened the postal worker in the past, causing a prior suspension of mail delivery to Gibson’s home.
The Dayton Police Department recovered video of the incident from a Ring doorbell camera located near the area of the shooting.
Gibson was charged by federal criminal complaint on Jan. 8 and indicted by a federal grand jury today. He remains in custody.
Forcibly assaulting an employee of the United States while engaged in official duties that inflicted bodily injury and committed with a deadly weapon is a federal crime punishable by up to 20 years in prison. Discharging a firearm during a crime of violence is punishable by at least 10 years and up to life in prison. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Tommy D. Coke, Inspector in Charge, United States Postal Inspection Service; and Dayton Police Chief Richard S. Biehl announced the indictment returned today. Assistant United States Attorney Brent G. Tabacchi is representing the United States in this case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Gloucester County Man Admits Production of Child PornographyRead the Press Release
CAMDEN, N.J. – A Gloucester County, New Jersey, man today admitted producing and distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
James Thiel, 32, of Williamstown, New Jersey, pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an information charging him with one count of sexual exploitation of a minor.
According to documents filed in this case and statements made in court:
From April 2019 through August 2019, Thiel used an email account and a file sharing site to send images and videos of child sexual abuse to other individuals. Thiel produced and appeared in several of these images and videos along with a pre-pubescent child.
The sexual exploitation of a minor charge to which Thiel pleaded guilty carries a mandatory minimum sentence of 15 years in prison, a maximum potential penalty of 30 years in prison, and a $250,000 fine. Thiel will be required to register as a sex offender. Sentencing is scheduled for April 23, 2020.
U.S. Attorney Carpenito credited special agents of Department of Homeland Security (DHS), Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Brian A. Michael in Newark, and the Gloucester County Prosecutor’s Office, under the direction of Prosecutor Charles A. Fiore, with the investigation leading to today’s guilty plea.
The government is represented by Deputy U.S. Attorney Matthew J. Skahill and Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.
Defense counsel: Thomas Young Esq., Assistant Federal Public Defender, Camden