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Wednesday 20 November 2019
Sureno Gang Member Sentenced to More Than Eight Years in Prison for Drug TraffickingRead the Press Release
SAN JOSE – Edgar Gaspar was sentenced today to 97 months in prison for possession with the intent to distribute methamphetamine, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge.
Gaspar, 21, of San Jose, Calif., pleaded guilty to the charge on September 18, 2019. In his plea agreement, Gaspar admitted that he is a Sureño gang member who, on July 15, 2018, was the subject of a traffic stop by officers of the San Jose Police Department. Gaspar was arrested after the officers found a handgun in his vehicle.
Further, on November 27, 2018, law enforcement officers executed a search warrant at his San Jose residence where agents found and seized four assault rifles with high capacity magazines and ammunition, approximately 500 grams of crystal methamphetamine and drug trafficking materials, as well as additional Sureno gang indicia. Gaspar admitted that all the items belonged to him and that he possessed the firearms in connection with his drug trafficking.
A grand jury indicted Gaspar on February 5, 2019, charging him with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). He pleaded guilty to the charge.
In addition to the prison term, Judge Koh also sentenced Gaspar to a five-year period of supervised release and a $100 special assessment. Gaspar currently is in custody and will begin serving his sentence immediately.
Assistant United States Attorneys Stephen James Meyer and Meredith Osborn are prosecuting the case with the assistance of Lance Libatique and Nina Williams. The prosecution is the result of an investigation by the FBI and the San Jose Police Department.
State Inmate Sentenced to Nearly 8 Years in Prison for Running Cocaine and Crack Ring While IncarceratedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WESTLEY NORTHRUP, also known as “Piff,” 31, formerly of Meriden, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 94 months of imprisonment, followed by five years of supervised release, for operating a drug trafficking ring while he was incarcerated.
This matter stems from a joint investigation headed by the DEA New Haven Task Force that included the use of court-authorized wiretaps, controlled purchases of crack cocaine, and seizures of cocaine and cash proceeds. The investigation revealed that Northrup operated a cocaine and crack cocaine trafficking ring while he was incarcerated in state custody at the Cheshire Correctional Institution. The investigation, which included consensually-recorded prison calls, revealed that Northrup conspired with others to purchase cocaine from suppliers, convert some of the cocaine to crack cocaine, and then distribute crack and cocaine through a network of dealers in central Connecticut.
On July 20, 2017, a grand jury in New Haven returned a nine-count indictment charging Northrup and 10 other individuals with various offenses. On July 9, 2018, Northrup pleaded guilty to conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base (“crack”).
Since September 2016, Northrup has been serving a five-year state prison term for distributing cocaine. He will begin serving his 94-month federal sentence when he completes his state sentence.
This matter was investigated by the DEA New Haven Task Force, U.S. Postal Inspection Service and the Middletown and New Britain Police Departments. The DEA New Haven Task Force includes participants from the U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby, Middletown, Naugatuck and Waterbury Police Departments.
The case is being prosecuted by Assistant U.S. Attorney H. Gordon Hall.
St. Louis County Man Indicted for His Role in a Romance ScamRead the Press Release
St. Louis, MO –Hammed Akande, 39, of St. Louis County, Missouri, was indicted by a federal grand jury on one count of conspiracy to commit mail fraud and wire fraud.
According to the Indictment, Hammed Akande, identified as “L.T.,” targeted a victim identified in court documents as “M.C.” under the guise of a romantic relationship through the online dating website “Our Time.” During the course of the romance scam, L.T requested financial assistance from victim M.C. for the purposes of, among other things, assisting with a business opportunity in Ukraine. In response, victim M.C. sent money pursuant to L.T.’s instructions. Items requested by L.T. were sent to Akande’s residence and eventually received by law enforcement from Akande’s residence.
Victim M.C., who was over 60 years of age, was defrauded of over $20,000 between September and November 2019.
If convicted, Akande faces a maximum penalty of 20 years in prison and a $250,000 fine. Restitution is also mandatory.
Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The U.S. Postal Inspection Service is investigating this case. Assistant U.S. Attorney Tracy Berry is handling the case for the U.S. Attorney’s Office.
The Department of Justice Elder Justice Initiative is dedicated to investigating and prosecuting financial crimes targeting older adults. The Eastern District of Missouri Identity Theft Task Force is a group of federal, state and local law enforcement agencies working together to combat identity theft and its related crimes across the St. Louis Community.
South Charleston Man Sentenced on Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A South Charleston man was sentenced to prison on a federal drug charge, announced United States Attorney Mike Stuart. Willie James Coleman, 55, was sentenced to 37 months in prison for possession with intent to distribute a quantity of cocaine base, which will be followed by 72 months of supervised release.
“We’re not seeing too much crack cocaine in the area, but we occasionally still come across a crack dealer like Coleman,” said United States Attorney Mike Stuart. “We prosecute crack dealers just like we do any other peddler of illegal drugs. This crack dealer will get more than three years inside because of his choice to be a drug dealer.”
Coleman previously admitted that on January 31, 2019, officers executed a search warrant on his home in South Charleston. During the search, officers recovered the following: a pill bottle containing multiple pieces of “crack” cocaine; two clear plastic bags containing “crack” cocaine from two safes; a loaded .25 caliber pistol; digital scales; and a drug ledger.
The Drug Enforcement Administration (DEA) conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Former Assistant United States Attorney Drew Inman and Assistant United States Attorney L. Alexander Hamner handled the prosecution.
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South Bend, Indiana Man SentencedRead the Press Release
SOUTH BEND - Eric Logan Jr., age 35, of South Bend, Indiana was sentenced before South Bend District Court Judge Jon E. DeGuilio for felon in possession of one or more firearms, announced United States Attorney Thomas L. Kirsch, II.
Mr. Logan was sentenced to 63 months in prison followed by 1 year of supervised release.
According to documents in this case, in January of 2019, Mr. Logan along with a co-defendant got into a dispute with another person outside of a liquor store in South Bend. During the dispute, Mr. Logan drew a firearm. Mr. Logan was arrested for the incident and found to be in possession of a 9mm handgun. Besides the handgun, Mr. Logan had a bag of twenty pills that tested positive for ecstasy (MDMA). Mr. Logan later admitted to knowing he was a felon and therefore was not legally able to possess or handle firearms. Mr. Logan has fourteen prior convictions, has been terminated from probation unsuccessfully, has had probation revoked, has served time in the Illinois Department of Corrections, and was on probation from LaPorte County when he brandished the firearm during the 2019 liquor store dispute.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend Police Department. The case was handled by Assistant U.S. Attorney Kimberly Schultz.
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Somersworth Man Sentenced to 84 Months for Being a Felon in Possession of FirearmsRead the Press Release
CONCORD – Damon Austin, 37, of Somersworth, was sentenced on Tuesday to 84 months in federal prison for being a felon in possession of firearms, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on April 14, 2018, Austin was involved in an altercation with another individual in Somersworth in which Austin threatened the individual with a firearm. Soon after the altercation, Somersworth Police arrested Austin while he was in possession of the firearm. Police subsequently obtained a warrant to search Austin’s residence. A search of Austin’s residence resulted in the seizure of six additional firearms, as well as cocaine, crack cocaine, and marijuana. Austin, as a previously convicted felon, is legally prohibited from possessing firearms.
Austin previously pleaded guilty on January 31, 2019.
“In order to ensure public safety, we must keep guns out of the hands of criminals,” said U.S. Attorney Murray. “We are working closely with our law enforcement partners to identify criminals who pose a threat to the community. Thanks to the excellent work of the Somersworth Police Department, this convicted felon will not be able to use these seven firearms to commit acts of violence or further endanger our citizens.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Somersworth Police Department. The case was prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Sex Offender Admits to Failing to Register in Rhode IslandRead the Press Release
PROVIDENCE, R.I. – Milton Ordenana, 49, of Warwick, pleaded guilty in federal court in Providence on Tuesday to violating the Sex Offender Registration and Notification Act (SORNA). Ordenana failed to register as a sex offender in Rhode Island, having moved more than five months ago to Warwick from the City of New York, where he is a convicted and registered sex offender.
SORNA requires that a registered sex offender notify law enforcement of a change of address.
Ordenana’s guilty plea to failure to register as a sex offender is announced by United States Attorney Aaron L. Weisman, United States Marshal Wing Chau, and Warwick Police Chief Colonel Rick Rathbun.
According to information presented to the court, on June 5, 2019, Ordenana was arrested by the Warwick Police Department for reckless driving. During the standard process of conducting a criminal background check, Warwick Police determined that Ordenana was a registered sex offender in New York, having been convicted and sentenced to 42 months in state prison for first degree sexual assault. Warwick Police and the United States Marshals Service determined that Ordenana, who moved with his family to Warwick in or about June 1, 2019, failed to register in Warwick as a sex offender, as required by SORNA.
Ordenana is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on February 13, 2019.
Failure to register as a sex offender is punishable by statutory penalties of up to 10 years imprisonment, 3 years supervised release, and a fine of $250.000.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
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Schertz Man Admits to Pointing Laser at San Antonio Police Helicopter Flying OverheadRead the Press Release
In San Antonio today, 37-year-old Justin John Shorey of Schertz, TX, admitted to aiming a laser pointer at a San Antonio Police Department helicopter flying overhead, announced U.S. Attorney John F. Bash, San Antonio Police Chief William McManus and FBI Special Agent in Charge Christopher Combs.
Appearing before U.S. Magistrate Judge Richard B. Farrer, Shorey pleaded guilty to the charge. He faces up to five years in federal prison. He remains in custody at this time. No sentencing date has been scheduled.
According to the factual basis filed in this case, to which Shorey admitted in court, on February 17, 2019, Shorey knowingly aimed the beam of a laser pointer at an aircraft and the flight path thereof. The aircraft, a San Antonio Police Department helicopter, was assisting in the search of a shooting suspect while orbiting just north of Highway 90 West. When the laser beam made contact with the helicopter, it hit the pilot in the eyes affecting his ability to see and read his gauges. The pilot and his tactical officer onboard began a search for the laser suspect. Shorey admitted to aiming the laser at the aircraft once as it approached his location in the 2100 block of Hays Street in San Antonio and twice as it circled above him.
The pilot managed to land safely at the San Antonio International Airport. The injury to the pilot’s eyes caused by the defendant’s actions resulted in the pilot being unable to fly for a week.
If you have information about a lasing incident, contact the San Antonio FBI at 210-225-6741. If you see someone pointing a laser at an aircraft, call the nearest local law enforcement agency immediately by dialing 911. Tips can also be submitted online at https://tips.fbi.gov.
The San Antonio Police Department and the FBI conducted this investigation. Assistant U.S. Attorneys Mark Roomberg and William R. Harris are prosecuting this case on behalf of the Government.
Santa Fe man convicted of producing child pornographyRead the Press Release
GALVESTON, Texas –A jury has convicted a 39-year-old Santa Fe resident guilty of production of child pornography, announced U.S. Attorney Ryan K. Patrick. Gace previously pleaded guilty to distribution, receipt and possession of child pornography as well as attempted destruction of evidence.
The trial on the production charge began Monday, Nov. 18 and concluded the following day. The jury deliberated for approximately one hour before returning the guilty verdict for sexual exploitation of a child, otherwise known as production of child pornography.
During trial, the jury heard testimony from multiple law enforcement officers, Gace’s ex-wife and her husband.
In October 2016, law enforcement received information from the National Center for Missing and Exploited Children (NCMEC) regarding a cyber-tip from a file sharing network regarding images and videos of child pornography. The investigation revealed the email and IP address of the file sharing account posting the images was associated with Gace.
When law enforcement arrived to search his home, Gace attempted to douse his cellular phone under water in an attempt to prevent law enforcement from gaining access to its contents. Law enforcement thwarted the attempt, dried out the phone and were able to conduct a forensic analysis on it.
A forensic analysis of that device revealed hundreds of images and videos of child pornography. It also showed Gace used a messaging site to chat with other like-minded individuals to receive and distribute images and videos of child pornography. He also had another file sharing account previously unknown to law enforcement.
Gace’s second file sharing account revealed hundreds more images and videos of child pornography, including images he produced of a minor girl under the age of 10 which was found in a folder titled “Zzzz never share.” Gace first captured images of the minor girl fully clothed, but progressed to producing photographs of the minor girl sleeping nude on the floor, seated naked on the floor with a vibrator next to her leg and an adult hand on her shoulder and eventually to the minor girl posing while nude in Gace’s bathtub. Within those later series of photographs, there were also images of Gace naked, standing and seated in his bathtub on the same day. The minor appears to have taken the images.
Gace attempted to say the images not lewd and lascivious and should not be construed as child pornography. They were not convinced and convicted him as charged.
U.S. District Judge Jeffrey Brown presided over the trial and will impose sentencing Jan. 29, 2020. At that time, Gace faces a minimum of 15 and up to 30 years in federal prison.
He has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations, Houston Metro Internet Crimes Against Children Task Force, police departments in Pearland, Galveston, Santa Fe, Webster and La Marque as well as the Jones Creek Marshals Office conducted the investigation.
Assistant U.S. Attorneys Zahra Jivani Fenelon and Stephanie Bauman prosecuted the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Sacramento Men Sentenced to 10 and 15 Years in Prison for Methamphetamine TraffickingRead the Press Release
SACRAMENTO, Calif. — On Tuesday, U.S. District Judge John A. Mendez sentenced two Sacramento men for methamphetamine trafficking, U.S. Attorney McGregor W. Scott announced.
Roland Adrian Jufiar, 44, was sentenced to 10 years in prison for conspiracy to distribute methamphetamine, and David Garcia Romero, 44, was sentenced to 15 years in prison for possessing methamphetamine for distribution.
Both men pleaded guilty on Aug. 13. According to court records, federal agents began investigating co-defendant Andre Ramon Washington based on reports that Washington was distributing narcotics from his home in Sacramento. In 2017 and 2018, agents with the Drug Enforcement Administration identified Jufiar and Romero as two of Washington’s suppliers. In March 2018, federal agents executed search warrants at Washington’s, Jufiar’s, and Romero’s homes. At Jufiar’s home, agents found approximately 160 grams of cocaine. When the agents searched Romero’s car, they found over 17 kilograms of methamphetamine, 2.7 kilograms of powder cocaine, over one pound of cocaine base (crack cocaine), over $19,000 in cash, and three firearms.
In October 2019, co-defendant Andre Washington was sentenced to 10 years in prison for possessing methamphetamine for distribution.
This case was the product of an investigation by the Drug Enforcement Administration with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the Sacramento County Sheriff’s Department; the Sacramento Police Department; the Citrus Heights Police Department; and the Folsom Police Department.
Project Safe Neighborhoods is Making an Impact in Killeen, Temple and San AntonioRead the Press Release
Project Safe Neighborhoods (PSN), which plays a major role in the Department of Justice’s violent crime reduction strategy, is making a difference in Killeen and San Antonio—two cities in the Western District of Texas where the program is being implemented, announced U.S. Attorney John F. Bash.
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. According to FBI’s 2018 Crime in the United States Report released this week, for the second consecutive year, the estimated number of violent crimes in the nation decreased 3.3 percent from the 2017 number. The violent crime rate fell 3.9 percent when compared with the 2017 rate. The 2018 statistics show the estimated rate of violent crime was 368.9 offenses per 100,000 inhabitants.
“Through DOJ’s Project Safe Neighborhoods program, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone,” stated U.S. Attorney Bash. “Those efforts are now starting to pay off, but we have a lot more work to do. It is gratifying to know that our work is saving lives and that we are taking steps toward ensuring that every kid, regardless of zip code, has the opportunity to grow up in a neighborhood free from violence.”
In Killeen, federal authorities are working with local authorities to get violent criminals off the street. Since October 2017, authorities have filed federal firearms/drug charges against more than 150 convicted felons, drug dealers in possession of firearms and other persons prohibited from possessing firearms in the Temple/Killeen areas. These filings demonstrate an increase of more than 300% in federal charges filed over the previous fiscal year for offenses in the same areas. According to the Killeen Police Department*, cases involving: Unlawful Possession by a Felon are down 25%; Prohibited Weapons are down 142%; Deadly Conduct are down 46%; and, Murder/Capital Murder are down 84% over the past two years. (*KPD 2019 stats through 7.31.19)
In the past year, approximately 70 narcotics traffickers were convicted and sentenced to federal prison. In addition to removing drug traffickers from the area, law enforcement officers have been successful in getting drugs and firearms off the streets.
In San Antonio, statistical data reveals the same downward trend. According to the San Antonio Police Department, from 2017 to 2018, cases involving: Murder are down 14% (124-109); Robbery are down 29% (2087-1612); Deadly Conduct are down 25% (2017-1613); and, Rape are down 7% (366-241).
As part of the San Antonio Texas Anti-Gang Center’s (TAG) intervention and prevention program the TAG has deployed the Stopsanantoniogangs.org website to assist the public with reporting gang related activities in the greater San Antonio/Alamo area.
In early August, TAG received an anonymous tip from the StopSanAntonioGangs.org website which led to the arrest of fugitive Texas Mexican Mafia gang member, Robert Oyervides. Oyervides was a known violent Texas Mexican Mafia member suspected of aggravated assault. TAG law enforcement agencies, specifically the Texas Department of Public Safety investigators and San Antonio Police officers along with analysts, developed and followed up on the tip information to locate and arrest Oyervides with the assistance of U.S. Marshal’s Lone Star Fugitive Taskforce. Oyervides was wanted for Aggravated Assault in July 2019.
The website also provides education to the general public regarding the threat of criminal gangs. It also assists parents in detecting gang related indicators in their children’s behavior and activities to assist them in preventing their children’s continued gang involvement. In addition, they provide the public with an opportunity to submit anonymous gang related tips and wanted gang fugitive tips within the San Antonio/Alamo area. This website signifies a partnership between the public and law enforcement by giving the public an opportunity to team-up with, and contribute with police in deterring criminal gangs’ illegal activities.
Project Safe Neighborhoods (PSN) is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Learn more about Project Safe Neighborhoods.
Portland Man Sentenced to 15 Years in Federal Prison for Sexually Exploiting Two ChildrenRead the Press Release
PORTLAND, Ore.—Juan Carlos Ramon, 33, of Portland, was sentenced today to 180 months in federal prison followed by a life term of supervised release after sexually exploiting two minor victims, aged six and eight, using musical.ly, a social media mobile application now known as TikTok.
According to court documents, on or about June 28, 2017, Ramon began communicating with two minors using the musical.ly app. He used the screen name “@lexithetiger” and pretended to be a minor female. Ramon encouraged his victims to play a “Simon Says” type game where he would send sexually explicit photos of a minor female and ask his victims to take and send him photos imitating the positions and acts depicted. The minor victims agreed and sent Ramon a series of progressively more explicit self-produced images. A relative of the two victims later discovered the communications and reported it to law enforcement.
Ramon was arrested on November 16, 2017. He admitted that for several years he had knowingly chatted with and requested pornographic images from minor females ranging in age from 10-13 years old. Ramon had spent much of his adult life working in education, non-profit programming and family services.
On May 22, 2019, Ramon pleaded guilty to two counts of production of child pornography.
This case was investigated by FBI Portland’s Child Exploitation Task Force (CETF) and prosecuted by Natalie Wight, Assistant U.S. Attorney for the District of Oregon.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The FBI’s Child Exploitation Task Force (CETF) conducts sexual exploitation investigations – many of them undercover – in coordination with other federal, state, and local law enforcement agencies. The Portland FBI’s CETF consists of agents and task force officers from the Beaverton Police Department, Portland Police Bureau, Tigard Police Department, Hillsboro Police Department, and the Clackamas County Sheriff’s Office. The FBI’s CETF is committed to locating and arresting those who prey on children as well as recovering underage victims of sex trafficking and child exploitation.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Philadelphia Man Convicted at Trial for Possession of a Firearm as a FelonRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Anthony Robinson, a/k/a, Anthony Harrison, 32, of Philadelphia, PA was convicted today at trial for being a felon in possession of a firearm.
The evidence at trial showed that in April 2019, Philadelphia Police Officers responded to a report of a fight involving a man with a gun. The man was described as wearing a gray sweat suit with yellow lettering. When the officers arrived, defendant Robinson was dressed in the outfit described in the report, and he fled the scene. While attempting to run, the defendant discarded the weapon in his hand. After a brief struggle, officers apprehended the defendant and recovered the gun. As a previously convicted felon, Robinson was prohibited from possessing a firearm. Among the evidence presented were two surveillance videos that captured the defendant fleeing the scene and discarding the weapon.
“Reducing violent crime is a top priority of my Office and of the Department of Justice, and successful prosecutions of cases like this remain a key part of our deterrence strategy,” said U.S. Attorney McSwain. “We are committed to working with the Philadelphia Police Department and our federal partners to clear the streets of illegal firearms in the hands of convicted felons, which undeniably pose a serious threat to public safety in our City.”
“ATF’s top priority is combating violent crime; one of the ways we accomplish that mission is by keeping firearms out of the hands of violent offenders,” said Donald Robinson, Special Agent in Charge, ATF Philadelphia Field Division. “This conviction is a perfect example of the collaborative effort between ATF and our partners at the Philadelphia Police Department and the United States Attorney’s Office in targeting violent offenders and protecting our communities.”
“The arrest and successful prosecution of Anthony Robinson, a recidivist offender, evidences the value of sustained collaboration between law enforcement partner agencies,” said Acting Philadelphia Police Commissioner Christine Coulter. “We anticipate that his conviction and attendant sentence will have an appreciable impact on the safety of the community we serve.”
The defendant faces a maximum possible sentence of ten years’ incarceration.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Eric L. Gibson.
Phenix City Man Sentenced to 70 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – On November 19, 2019, Charles Nicholas Pybus, 36, of Phenix City, Alabama, was sentenced to 70 months in prison for possession of a firearm by a convicted felon, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence of nearly six years, he will be subject to three years of supervised release.
According to court records, on January 7, 2018, Pybus followed a woman through the parking lot of a home improvement store in Montgomery. After she finished loading her purchases, she got into her car to leave. Pybus then entered through the front passenger door and told her to “drive.” Although he did not brandish a weapon, she feared for her safety and ran from the vehicle. At this point, Pybus drove away in her car and was later spotted by officers from the Montgomery Police Department. Pybus initially fled from police, but was soon apprehended at a residence and found to be in possession of a handgun. Having a previous felony conviction, Pybus is prohibited by federal law from possessing a firearm.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Montgomery Police Department, and the Alabama Law Enforcement Agency (ALEA) investigated the case. Assistant United States Attorney Joshua J. Wendell prosecuted the case.
Perrine Resident Sentenced to Twenty Years in Prison for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and Juan J. Perez, Director, Miami-Dade Police Department (MDPD) announced that on November 12, 2019, Fabian Perpall, 28, of Perrine, Florida was sentenced to twenty years in prison after having been convicted at trial of being a felon in possession of a firearm and ammunition.
Perpall was sentenced by U.S. District Court Judge Rodolfo A. Ruiz II to 240 months in prison, to be followed by 3 years supervised release following his trial conviction on two counts of Possession of a Firearm and Ammunition by a Convicted Felon (Case No. 18cr20664).
According to evidence presented at trial, on July 11, 2018, Perpall encountered a victim, threatened him with a black handgun, and demanded all he had. The victim reported the incident to the police. Two days later, Perpall again approached the victim in his car and fired nine shots at the victim, inflicting multiple gunshots and striking the victim with the vehicle. The victim required emergency medical attention and was placed in a medically-induced coma, as a result of his injuries.
Four days after the shooting, as the police attempted to arrest Perpall for the attempted murder, he led the police on a high-speed chase through a residential neighborhood. The pursuit ended when Perpall’s car caught fire and crashed into a fence. Found inside Perpall’s car, on the center console, was a loaded black handgun. The shell casings found at the July 13th shooting scene were fired from the gun that was later recovered from Perpall’s car.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated 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.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and the MDPD. The case was prosecuted by Assistant U.S. Attorneys Shannon Shaw and Michael Homer.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Patuxent River Man Pleads Guilty to Federal Charges for Abusive Sexual Contact with Two ChildrenRead the Press Release
Greenbelt, Maryland - Justin Paul Keener, age 31, of Patuxent River, Maryland, has pleaded guilty to a superseding information charging him with two counts of abusive sexual contact with a child. The guilty plea was entered on November 19, 2019.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Salazar of the Naval Criminal Investigative Service, Washington Field Office; and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
According to his guilty plea, in November 2017, while residing at Naval Air Station Patuxent River, Keener sexually abused a victim who was under the age of 12. In and before November 2017, Keener sexually abused another victim, also under the age of 12, on multiple occasions.
As a result of his conviction, Keener will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Keener and the government have agreed that, if the Court accepts the plea agreement, Keener will be sentenced to between 19 and 25 years in federal prison. U.S. District Judge George J. Hazel has scheduled sentencing for January 17, 2020 at 2:00 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the NCIS and the FBI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Joseph R. Baldwin, who is prosecuting the federal case.
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Owner and Supervisors of Idaho Company Sentenced in Federal Court for Fraud ConvictionsRead the Press Release
United States Attorney Ron Parsons announced that an Idaho business owner, two of his supervisors, and the company, convicted of Wire Fraud and Conspiracy to Commit Wire Fraud, were sentenced on November 18, 2019, by U.S. District Judge Lawrence L. Piersol.
Christopher A. Hoshaw, age 45, of Meridian, Idaho; Calvin Pelichet, age 45, of Boise, Idaho; Kristin DeBoer, age 51, of Caldwell, Idaho; and the company, All Around Sports, LLC, all appeared before Judge Lawrence L. Piersol on November 18, 2019, for sentencing on each of their respective convictions for wire fraud and conspiracy to commit wire fraud. Hoshaw appeared on behalf of All Around Sports, LLC, a Boise-based company.
Pelichet, the sales manager at AAS, received the most significant sentence of 24 months in federal prison, followed by 3 years of supervised release following his incarceration. Hoshaw was sentenced to 12 months of home detention and 5 years of probation. DeBoer was sentenced to 4 months of home detention and 2 years of probation. All Around Sports, LLC, was sentenced to 3 years of probation. Hoshaw, Pelichet, and All Around Sports, LLC, were also ordered to jointly and severally pay restitution of $157,450 to two Alaskan Native entities. While the individual defendants were not fined, All Around Sports, LLC, was fined $42,000.
“These defendants devised a complicated criminal scheme to steal from the Oglala Sioux Tribe,” said U.S. Attorney Parsons. “The Guardians Project was implemented to detect this type of fraud and punish those who seek to commit it. We couldn’t be more pleased with the results.”
“All Around Sports and its executives expected to fatten their bottom lines by defrauding the Oglala Sioux Tribe. Instead they received richly deserved sentences,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We look forward to working with all our law enforcement partners – including on the U.S. Attorney’s Guardian Project to fight fraud and prevent criminals from victimizing Indian Country communities.”
According to documents filed with the Court, Christopher A. Hoshaw, Calvin Pelichet, and Kristin DeBoer devised and intended to devise a scheme and artifice to defraud the Oglala Sioux Tribe, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises. For the purpose of executing the scheme and artifice, Hoshaw, Pelichet, and DeBoer knowingly caused to be transmitted by means of wire communication in interstate commerce the signals and sounds to effectuate the withdrawal of funds from a banking account belonging to the Oglala Sioux Tribe, at The First National Bank of Gordon in Gordon, Nebraska, to an account belonging to All Around Sports, L.L.C., at Idaho Central Credit Union in the State and District of Idaho.
As for All Around Sports, LLC, beginning at a time unknown but no later than on or about December 2015, and continuing through December 2016, All Around Sports, LLC, along with others, conspired to commit the offense of wire fraud in South Dakota and elsewhere. By and through company representatives, All Around Sports, LLC, willfully and unlawfully devised and intended to devise a scheme and artifice to defraud and to obtain money and property from others by means of false and fraudulent pretenses, representations, and promises. Those representatives knowingly participated, using the company as a conduit, by receiving money transfers from sources they knew were the victims of the fraudulent scheme. Those representatives also acted willfully for the purpose of enriching the company and themselves, knowing of the unlawful purpose of the scheme when they participated in it. The object of the conspiracy was to enrich AAS’ owner, managers, and employees by obtaining fraudulent funds.
These investigations were conducted by the U.S. Department of Health and Human Services, Office of the Inspector General. The cases were prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.
These cases were brought pursuant to the U.S. Attorney’s Office’s Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities.
Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Orlando Man Found Guilty of Possessing A Firearm After Having Been Convicted of A FelonyRead the Press Release
Orlando, Florida – A federal jury has found Rondre Antwan Powell (32, Orlando) guilty of possessing a firearm as a convicted felon. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for February 19, 2020.
A grand jury had returned a superseding indictment on July 17, 2019.
According to testimony and evidence presented at trial, on November 28, 2018, a deputy from the Orange County Sheriff’s Office conducted a stop of an SUV for traffic violations, and because the vehicle was suspected of being stolen. The driver and a passenger of the SUV fled on foot. A 9mm firearm, with an extended magazine holding over 20 rounds of ammunition, was left behind in the passenger compartment of the vehicle. Law enforcement identified Powell as the passenger and arrested him six days later in Pasco County. When Powell was arrested, officers executed search warrants on a hotel room and on Powell’s cellphone that yielded additional evidence that it was Powell who had fled from the SUV, leaving behind the 9mm pistol and extended magazine.
Powell has been convicted of numerous felonies and admitted during the trial that he was a felon. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Orange County Sheriff’s Office, and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Ocean County Man Charged with Sexual Exploitation of Minor, Online Enticement of Minor, and Receipt of Child PornographyRead the Press Release
TRENTON, N.J. – An Ocean County, New Jersey, man was arrested this morning on charges that he induced a minor to send him sexually explicit pictures and to engage in sexually explicit conduct over an online messaging service, U.S. Attorney Craig Carpenito announced.
David Frew, 41, of Little Egg Harbor, New Jersey, is charged by complaint with one count of sexual exploitation of a child, one count of online enticement of a minor to engage in criminal sexual conduct, and one count of receipt of child pornography. Frew appeared this afternoon before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court.
According to documents filed in this case and prior state court records:
In June 2017 Frew used an online messaging service to communicate with a minor victim. At Frew’s request, the minor victim sent Frew sexually explicit images, including images of the victim’s genitalia.
In 2008, Frew was convicted of three counts of unlawful contact with a minor and one count of criminal use of a computer in Pennsylvania after sending sexually explicit photos or videos to investigators in the Pennsylvania Attorney General’s Child Predator Unit, who were posing online as underage girls. Also in 2008, Frew was convicted in New Jersey of endangering the welfare of children. As a result of his prior convictions in Pennsylvania and New Jersey, Frew was a registered sex offender at the time of his conduct charged in the complaint.
Because Frew is a previously convicted sex offender, the sexual exploitation charge is punishable by a mandatory minimum penalty of 25 years in prison and a statutory maximum potential penalty of 50 years in prison, along with a $250,000 fine, counting one of Frew’s prior convictions; or a mandatory minimum penalty of 35 years in prison and a statutory maximum potential penalty of life in prison, along with a $250,000 fine, counting two or more of Frew’s prior convictions. The charge of online enticement carries a maximum statutory penalty of life in prison and a maximum fine of $250,000. Because Frew is a previously convicted sex offender, the charge of receipt of child pornography carries a mandatory minimum sentence of 15 years in prison, a statutory maximum potential penalty of 40 years in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations (HSI), Atlantic City, under the direction of Special Agent in Charge Brian Michael; the Royal Canadian Mounted Police (RCMP) Technical Crime Unit; the RCMP National Child Exploitation Coordination Centre; the Ocean County Prosecutors Office, under the direction of Prosecutor Bradley D. Billhimer, and the Little Egg Harbor Police Department, under the direction of Chief Richard Buzby Jr., with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Benjamin West Esq., Trenton, New Jersey
Newark Parking Authority Employee Charged with Narcotics Offenses and Being a Felon in Possession of FirearmsRead the Press Release
NEWARK, N.J. - A Newark Parking Authority employee was charged today with selling heroin and crack cocaine and with possessing a weapon as a convicted felon, U.S. Attorney Craig Carpenito announced.
Aughkay L. Green, a/k/a “K-Boogie,” 48, of Newark, was charged by indictment with one count each of possession with intent to distribute heroin, possession with intent to distribute cocaine base, and being a felon in possession of a firearm.
According to the indictment:
On Jan. 12, 2017, Green sold 25 bricks of heroin, with a net weight of 38 grams, to Individual 1 for $1,200. On March 22, 2017, he sold the same person 48.9 grams of crack cocaine for $2,250. Green was under law enforcement surveillance and observed to be dressed in his Newark Parking Authority uniform at the time of that sale.
On April 1, 2017, Green, accompanied by an unidentified male, met Individual 1 in Irvington, New Jersey, where Green’s associate provided Individual 1 with: a Smith and Wesson Model 21 .44 caliber handgun; a Smith and Wesson Model 15 .38 handgun, and 50 rounds of hollow-point .44 caliber ammunition marked “44 REM MAG FC.” Green’s associate received $1,360 from Individual 1, and subsequently provided Green with proceeds from the sale and discussed using these proceeds for the purchase of narcotics.
The count of possession of cocaine base with intent to distribute is punishable by a statutory minimum penalty of five years in prison and a maximum of 40 years in prison. The count of heroin with intent to distribute count carries a maximum penalty of 20 years in prison. The count of possession of firearms by a previously convicted felon count carries a maximum penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s indictment. He also thanked the New Jersey State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Homeland Security and the New Jersey Office of Homeland Security and Preparedness for their work on the investigation.
The government is represented by Assistant U.S. Attorney Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
New Port Richey Man Convicted of Bank RobberyRead the Press Release
Tampa, Florida – A federal jury has found Derrick Coleman (41, New Port Richey) guilty of bank robbery. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
Coleman was indicted on August 28, 2019.
According to testimony presented at trial, on June 30, 2018, Coleman visited a Chase Bank in Tarpon Springs and spoke to a teller about opening a new account. As the teller explained the process, Coleman placed a bag on the counter, told the teller that he had a gun, and demanded money from the teller. The teller complied and Coleman fled the bank with $5,000. The teller later identified Coleman in a photo lineup.
On that same day, Coleman told his then-girlfriend, who later testified during the trial, about the robbery. He told her that he had gotten $5,000 from the robbery. That detail of the robbery was never released to the public.
This case was investigated by the Federal Bureau of Investigation and the Tarpon Springs Police Department. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) — a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety-one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
New Orleans Man Pleads Guilty to Violations of Conspiracy to Commit Bank Fraud and the Federal Gun Control ActRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JUAN ARMSTEAD (“ARMSTEAD”), age 32, a resident of New Orleans, Louisiana, pled guilty on November 19, 2019 to a two-count Superseding Bill of Information for conspiracy to commit bank fraud and violation of the federal gun control act, in violation of Title 18, United States Code, Sections 1344, 1349, and 922(g)(1).
The Court set sentencing in this matter for March 10, 2020. For Count 1, ARMSTEAD faces a maximum term of imprisonment of thirty (30) years, a maximum $1,000,000 fine, up to five (5) years supervised release following any term of imprisonment, and a $100 special assessment fee. For Count 2, ARMSTEAD faces a maximum term of imprisonment of ten (10) years, a maximum $250,000 fine, up to three (3) years supervised release following any term of imprisonment, and a $100 special assessment fee.
U.S. Attorney Peter G. Strasser praised the work of the United States Secret Service, the Jefferson Parish Sheriff’s Office, and the Saint Tammany Parish Sheriff’s Office for their work in investigating this case. The case is being prosecuted by Assistant United States Attorney Duane A. Evans.
Nashua Man Sentenced to Prison for Possession of a Stolen FirearmRead the Press Release
CONCORD, - Illya Scott, 30, of Nashua, was sentenced on Tuesday to 12 months and a day in federal prison for possession of a stolen firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on November 6, 2018, Scott was arrested in Nashua, New Hampshire. During a search incident to arrest, Nashua police officers found a Berretta, BU PICO, .380 handgun tucked into the defendant's waistband. Scott admitted to stealing the firearm.
Scott previously pleaded guilty on July 22, 2019.
“Thefts of firearms and trading in stolen firearms undermine public safety by providing criminals with a means by which violent crimes can be committed,” said U.S. Attorney Murray. “In order to protect the Granite State from violent crime, we will continue to be aggressive in our efforts to prosecute those who possess stolen firearms.”
This matter was investigated by the Nashua Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.
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N.Y. Man Sentenced in Rhode Island Based Bank Fraud ConspiracyRead the Press Release
PROVIDENCE – A New York man who admitted to participating in a conspiracy to defraud banks while working at the direction of the ring-leader of a multi-state fraud ring based in Rhode Island was sentenced on Tuesday to 36 months in federal prison.
Angel L. Morales, 52, of New York, N.Y, previously admitted to the Court that he and others used stolen personal identifying information to open bank accounts as part of a scheme to obtain fraudulent car loans. Once funds from the loans were obtained, Morales deposited the funds into bank accounts he and others opened, quickly withdrawing the money before the bank issuing the loans discovered the fraudulent nature of the transactions.
Morales pleaded guilty on September 3, 2019, to conspiracy to commit bank fraud, aggravated identity theft, and three counts of bank fraud. He was sentenced on Tuesday to 36 months in federal prison to be followed by 3 years supervised release. Morales was also ordered to pay $116,000 restitution to the banks he defrauded.
Morales’ sentence, imposed by U.S. District Court Judge John J. McConnell, Jr., is announced by United States Attorney Aaron L. Weisman; Stephen Marks, Special Agent in Charge of the U.S. Secret Service; and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations.
Octavio Andres Difo-Castro, 28, of Brooklyn, New York, who previously admitted to the Court that he employed and directed several individuals, including Morales, and provided them with the stolen personal identifying information used in the fraud scheme, pleaded guilty on September 19, 2019, to one count each of conspiracy to commit wire fraud and one count of conspiracy to access device fraud, two counts of aggravated identity theft, and nineteen counts of wire fraud. He is scheduled to be sentenced on January 13, 2020.
The cases are being prosecuted by Assistant U.S. Attorney William J. Ferland, with the assistance of Assistant U.S. Attorney Zachary Cunha.
The investigations were led by the U.S. Secret Service, with the assistance of the Social Security Administration, Office of the Inspector General/Office of Investigations.
United States Attorney Aaron L. Weisman acknowledges and thanks the United States Postal Inspection Service and the East Providence, Seekonk and Mansfield Police Departments for their assistance in the investigation.
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Muscatine Man Sentenced to 132 Months in Prison for Receiving Child PornographyRead the Press Release
DAVENPORT, Iowa – On November 19, 2019, United States District Judge Stephanie M. Rose, sentenced Charles Steven Dickenson, 67, of Muscatine, Iowa, to 132 months in prison for receiving child pornography, announced United States Attorney Marc Krickbaum. Dickenson was also ordered to serve five years of supervised release following his imprisonment, pay $100 to the Crime Victims’ Fund, pay $36,000 in restitution, and comply with the sex offender registry requirements upon release.
On January 11, 2019, Dickenson pled guilty to one count of receiving child pornography. The investigation began in 2016 when an FBI agents identified a computer on the BitTorrent network that appeared to be related to the distribution of child pornography. The agent downloaded over 1,100 files from Dickenson’s shared files. The majority of the files depicted prepubescent children, including infants and toddlers, engaged in sexually explicit conduct. Dickenson admitted to downloading thousands of child pornography files over the course of five and one-half years.
This matter was investigated by Federal Bureau of Investigation (FBI) and National Center for Missing and Exploited Children (NCMEC), and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Murfreesboro, Tennessee Woman Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Takila Shauntel Carpenter, age 34, of Murfreesboro, Tennessee, entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both.
The Indictment alleged that on or about September 19, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges arose from an investigation by the Sequoyah County Sheriff’s Office and Homeland Security Investigations.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Ryan Conway represented the United States.
Mother, Son, Daughter Plead Guilty to $5.4 Million Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – A mother, her son, and her daughter are among four defendants who pleaded guilty in federal court today to their roles in a $5.4 million conspiracy to distribute methamphetamine.
Linda Kay Ballard, 67, her son, Eric Edward Ballard, 27, both of Atchison, Kansas; her daughter, Charlsie Kim Harris, 35, of Garden City, Missouri, and Anthony Dewayne Fifer, 48, of Mexico, Missouri, pleaded guilty in separate appearances before U.S. District Judge Brian C. Wimes to their roles in a conspiracy to distribute methamphetamine from Jan. 1, 2015, to Nov. 16, 2017. Each of the defendants also pleaded guilty to participating in a money-laundering conspiracy. Linda Ballard and Harris were taken into custody immediately after today’s hearing; Eric Ballard and Fifer have been in federal custody since their arrests.
They are among nine defendants who have pleaded guilty in this case. Michaela Joeanne Hernandez, 38, of Raymore, Missouri; Brandy Michael Morgan, 45, of Kansas City, Missouri; Brian Joe Russell, 38, of Amazonia, Missouri; Sharmyn Leanne Shryock, 29, and Jeffery Allen Jennings, 33, both of St. Joseph, Missouri; have also pleaded guilty.
According to today’s plea agreements, Linda and Eric Ballard and Harris received methamphetamine from Hernandez to distribute. They received ounce quantities of methamphetamine multiple times a week. Linda Ballard also admitted she received methamphetamine from Fifer to distribute.
Fifer, who also received methamphetamine from Hernandez, admitted that he normally received ounces but on a couple of occasions, he took quarter-pound quantities of methamphetamine to St. Joseph and delivered it to Jennings.
Investigators identified Hernandez as the main distributor in the organization, coordinating large distributions of methamphetamine from the Kansas City area to the St. Joseph and Atchison areas, where it was divided and distributed by the remaining defendants. Law enforcement officers seized approximately three pounds of methamphetamine and two handguns when they executed a search warrant at her residence. Hernandez admitted that she was typically in possession of at least pound quantities of methamphetamine, and that she had been involved in selling over 50 kilograms of methamphetamine per month in the past year.
Linda Ballard agreed the government’s evidence of her total drug responsibility is more than five kilograms of methamphetamine, which she is responsible for distributing or possessing with the intent to distribute.
Eric Ballard, Harris, and Fifer each agreed the government’s evidence of their total drug responsibility is more than 1.5 kilograms of methamphetamine apiece, which they are each responsible for distributing or possessing with the intent to distribute.
Under the terms of today’s plea agreement, the four co-defendants must pay a money judgment in an amount based upon their drug responsibility (as determined by the court) and the drug value calculations contained within the indictment, not to exceed $5.4 million.
Under federal statutes, Linda and Eric Ballard, Harris, and Fifer are each subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 60 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 defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Drug Enforcement Administration, the Plattsburg, Mo., Police Department; the Atchison County, Kan., Sheriff’s Department; the Buchanan County Drug Strike Force and Sheriff’s Department; the Jackson County Drug Task Force; the Clinton County, Mo., Sheriff’s Department; the Missouri State Highway Patrol; the Cass County, Mo., Sheriff’s Department; and the Clay County Drug Task Force.
Mortgage Short Sale Negotiator Pleads Guilty to Defrauding Mortgage LendersRead the Press Release
BOSTON – The principal and co-founder of a North Andover mortgage short sale assistance company pleaded guilty today in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.
Jaime L. Mulvihill, 40, pleaded guilty to conspiracy to commit wire fraud before U.S. Senior District Court Judge Rya W. Zobel who scheduled sentencing for Feb.25, 2020. Mulvihill was charged on Nov. 8, 2019, with co-conspirator Gabriel T. Tavarez.
Together the defendants founded and operated Loss Mitigation Services, LLC. The charges arise out of the defendants’ scheme to steal undisclosed and improper fees from mortgage lenders in connection with short sales of homes. A short sale occurs where the mortgage debt on the home is greater than the sale price, and the mortgage lender agrees to take a loss on the transaction.
Loss Mitigation Services, purportedly acting on behalf of underwater homeowners, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.
According to the court documents, from 2014 to 2017, Mulvihill and, allegedly, Tavarez, directly or through their employees, falsely claimed to homeowners, real estate agents and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive those fees. When the short sales closed, at the instruction of Mulvihill, or others working with him and Tavarez, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Mulvihill or Tavarez filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. Mulvihill and, allegedly, Tavarez, fabricated the transaction documents, or caused them to be fabricated, in order to justify the additional fees and conceal that they were being paid to Loss Mitigation Services.
The defendants defrauded the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation and the U.S. Department of Housing and Urban Development.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. 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; Robert Manchak, Inspector General of the Federal Housing Finance Agency; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Brian M. LaMacchia of Lelling’s Office are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
McKeesport Woman Indicted for Possessing a Kilo or More of HeroinRead the Press Release
PITTSBURGH, PA - A resident of McKeesport, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh for violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Shaila Ronelle Ashby, 26, as the defendant. According to the Indictment, Ashby possessed with the intent to distribute one kilogram or more of heroin, a Schedule I controlled substance.
The law provides for a maximum total sentence of not less than ten (10) years to a maximum of life in prison, a fine not to exceed $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
McKeesport Felon Sentenced to 3 Years in Prison for Distributing Drugs, Firearms OffensesRead the Press Release
PITTSBURGH, Pa. - A former resident of McKeesport, Pennsylvania, has been sentenced in federal court to a term of imprisonment of 37 months to be followed by five years of supervised release on his conviction of conspiracy to distribute and possession with intent to distribute heroin and cocaine, being a convicted felon in possession of firearms and ammunition, and possession of firearms in furtherance of a drug trafficking crime, United States Attorney Scott W. Brady announced today.
Senior United States District Court Judge Donetta W. Ambrose imposed the sentence on Thomas Thornton, age 43.
According to information presented to the court, the FBI received information that Thomas Thornton conspired to distribute drugs with another individual, and that he was also purchasing fentanyl and had several guns. Agents executed a search warrant at Thornton’s McKeesport residence on May 22, 2018. Agents recovered: a 9mm semi-automatic handgun, with a loaded magazine; a .45 caliber handgun, with a loaded magazine; additional ammunition; 2 Airsoft vests; heroin; cocaine; scales and other materials indicative of drug sales; and a case of cough syrup.
Thornton admitted to selling drugs. He admitted that he initially purchased marijuana from a source in California. He later started purchasing cough syrup from Texas after realizing it would be easier for him to sell bottles of cough syrup for a profit. Thornton also admitted that he has purchased heroin, cocaine and ecstasy pills from Texas. Thornton admitted to receiving the 9mm firearm in exchange for 50 stamp bags of heroin. As a result of a prior felony conviction, the defendant is prohibited from possessing firearms and/or ammunition.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Federal Bureau of Investigation’s Western Pennsylvania Opioid Task Force conducted the investigation that led to the prosecution of Thornton.
Maryland man admits to bank robberyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Steven L. Silverman, of Thurmont, Maryland, has admitted to bank robbery, U.S. Attorney Bill Powell announced.
Silverman, age 50, pled guilty to one count of “Bank Robbery.” Silverman admitted to robbing the City National Bank of Berkeley Springs of $1,730 on June 4, 2019.
Silverman faces up to 20 years incarceration and a fine of up to $250,000. 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 Kimberley D. Crockett is prosecuting the case on behalf of the government. The Morgan County Sheriff’s Office and the Berkeley Springs Police Department investigated.
U.S Magistrate Judge Robert W. Trumble presided.
Manchester Man Pleads Guilty to Six Armed RobberiesRead the Press Release
CONCORD - Guillermo Garcia Esquivel, 36, of Manchester, pleaded guilty in federal court on Tuesday to armed robbery, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Esquivel committed six armed robberies of convenience stores in Manchester between January 5, 2019 and February 24, 2019. During each of the robberies, Esquivel pointed what appeared to be a black handgun at the victim cashier and demanded money. Esquivel stole in excess of $5,000.
Esquivel is scheduled to be sentenced on March 12, 2019.
“Violent crimes jeopardize the safety of victims, the public, and the entire community,” said U.S. Attorney Murray. “This defendant’s crime spree involved pointing a weapon at cashiers at several different convenience stores in Manchester. This type of conduct cannot be tolerated. We will work closely with our law enforcement partners to identify and prosecute those who use or threaten to use a gun to commit a violent crime.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Illegally Residing in the United States Convicted of Attempting to Entice a Minor on Social MediaRead the Press Release
A man illegally residing in the United States was found guilty Wednesday in federal court of attempting to persuade an 11-year-old online to engage in sexual activity. Two years earlier, the defendant had also molested the child while she stayed at a friend’s house.
A jury convicted Agustin Nieto Regalado, 47, of Tulsa, for attempted coercion and enticement of a minor and for possession of a false lawful permanent resident card.
In April 2019, the victim’s mother grew suspicious of a Facebook message her daughter received from a man she knew as “Marcos Diaz.” The mother conversed with Diaz, pretending to be her daughter. Diaz acknowledged the child’s age and described sexual acts he wanted to engage in with the victim. He further offered to pay for the sex acts, asked for explicit pictures and described how he had previously molested the child. Marcos Diaz, who was really Agustin Nieto Regalado, also took sexually explicit photos of himself and sent them to “the girl.” The mother reported the encounter to authorities.
“The defendant, an illegal alien in our country, chose to proceed to jury trial, a right afforded him in the United States Constitution. Today, a jury delivered justice in the form of guilty verdicts,” said U.S. Attorney Trent Shores of the Northern District of Oklahoma. “Mr. Regalado came into our country illegally and then enticed, coerced and sexually molested children. Despicable.”
“Homeland Security Investigations special agents don’t initiate criminal investigations based on someone’s citizenship, we do so because of the alleged criminal activity and we will never relent in our efforts to protect children from anyone that attempts to exploit them,” said Ryan L. Spradlin, special agent in charge of HSI Dallas. “HSI’s Operation Predator program is designed to target anyone who sexually exploits children.”
“Our ERO officers are specifically trained and dedicated to locating and removing criminal aliens in the United States,” said Marc J. Moore, ERO Dallas field office director. “Once this convicted criminal completes whatever prison sentence is imposed, we will ensure he’s removed to his country of origin.”
During the trial, Lieutenant Jeremy Noland of the Tulsa Police Department’s Cyber Crimes Unit explained that detectives took over the girl’s Facebook account once the mother reported Regalado. He described how Regalado continued to message the girl, not knowing that he was actually messaging detectives. A meeting location was set by the parties. When Regalado arrived at the location, he was taken into custody by detectives. The defendant was found in possession of a forged permanent resident card with the alias of Marcos Diaz and immigration documents with the name Agustin Nieto Regalado.
During the trial, testimony was heard that Regalado was also caught several times engaging in suspicious activity with other children.
In closing, Assistant U.S. Attorney Christopher Nassar shared with the jury how the victim and her family, who are immigrants, came to the United States in search of opportunities and a better life. He described a country that promises justice for all who come. He asked the jury to deliver justice for the victim and find Regalado guilty of all charges.
U.S. District Judge Claire V. Eagan presided over the trial and set sentencing for Feb. 24. Regalado faces 10 years to life in federal prison and a $250,000 fine for the enticement charge.
The Tulsa Police Department’s Cyber Crimes and Child Crisis Units and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) and Enforcement and Removal Operations (ICE-ERO) are the investigative agencies. Assistant U.S. Attorneys Christopher Nassar and Edward Snow prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
MEDIA ADVISORY - U.S. Attorney and FBI Leadership Brief Family of Olivia Lone Bear on Death InvestigationRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley and FBI Assistant Special Agent in Charge Robert Perry traveled to New Town, ND, today and met with family members of Ms. Olivia Lone Bear for the purpose of briefing them on the status of the death investigation. The federal law enforcement delegation then provided a similar briefing to Mr. Roger White Owl, Chief Executive Officer for Chairman Mark Fox of the Mandan Hidatsa and Arikara Nation, and Three Affiliated Tribes Police Chief, Nelson Heart and senior leadership.
On October 27, 2017, Ms. Olivia Lone Bear, age 32, was reported missing to the Three Affiliated Tribes Police Department, two days since the last time she had been seen by her father, Harley “Tex” Lone Bear, who made the missing person report. Over the ensuing days, the Three Affiliated Tribes Police Department, the Bureau of Indian Affairs, and other state and local law enforcement agencies investigated Ms. Lone Bear’s disappearance. In early November 2017, the Federal Bureau of Investigation (FBI) was invited into a supporting role for the existing investigation.
During the week of July 23 through July 27, 2018, a civilian searcher using a small boat equipped with sonar located what the searcher suspected was a truck submerged in Lake Sakakawea near Sanish Bay, in New Town, ND, on the Fort Berthold Indian Reservation. The searcher took photographs of the sonar produced images and provided the images to the Three Affiliated Tribes law enforcement. On July 31, 2018, a law enforcement diver investigated the site and discovered a truck submerged in approximately 21 feet of water, 400 feet from the shore, and located approximately 1-1/2 miles from Ms. Lone Bear’s residence.
The truck was towed out of the lake, and law enforcement discovered the presence of a human body in the passenger seat, with the seat belt still securing the body in place. Forensic examination of the body later confirmed it to be that of Ms. Olivia Lone Bear. Medical personnel conducted an autopsy of Ms. Lone Bear and the cause of death was ruled undetermined. Additionally, medical personnel noted that they did not find definitive traumatic, natural, or toxicological causes for her death. Once law enforcement located Ms. Lone Bear’s body, the applicable laws and protocols enabled the FBI to take the lead on the investigation into both the cause of Ms. Lone Bear’s disappearance and her death.
The FBI and the United States Attorney’s Office remain fully committed to this investigation. To date, the FBI, in conjunction with the United States Attorney’s Office, has issued multiple investigative subpoenas and search warrants. FBI Special Agents have interviewed dozens of witnesses, conducted multiple forensic examinations, and enlisted the support of several specialized law enforcement teams for their insight and expertise regarding this matter.
“Olivia's family and members of her community want to know what happened to her and so do we," said Minneapolis FBI Special Agent in Charge Jill Sanborn. "We share the desire to bring closure to this case and peace to Olivia's family and fully understand the frustration a lengthy investigation can cause. Our primary goal is to uncover the facts surrounding her death in order to get a clear picture of what actually occurred," added Sanborn.
“We remain resolute in our commitment to work closely with federal, state, tribal, and local law enforcement as we pursue all emerging evidence in this investigation,” said United States Attorney Drew Wrigley, “and we will continue to pursue all leads and pathways on the road to the truth. That’s our pledge to Olivia, and to those who knew and loved her.”
The search warrants for this investigation have been unsealed, Case Numbers: 1:18-mj-00245; 1:18-mj-00292; and 1:19-mj-0040.
Following today’s meeting, it was announced that the FBI is seeking more information in this case and is offering a reward of up to $10,000 for actionable information that leads to the identification of those responsible for Ms. Lone Bear’s disappearance. Anyone with information is urged to call 1-800-CALLFBI (1-800-225-5324) or file tips at https://tips.fbi.gov.
Little Rock Man Sentenced to 33 Months in Prison After Lying on Loan Applications, Costing Lenders $3.3 MillionRead the Press Release
LITTLE ROCK— A Little Rock man was sentenced to prison today after making false statements on loan applications, costing banks and lenders over $3.3 million. Marcus Shane Sweetin, 46, was sentenced to 33 months in prison. Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation, announced today’s sentence.
Sweetin operated Sweetin Farms LLC, which farmed two parcels of land in Arkansas County and Prairie County. In April 2013, Sweetin applied for a loan from AgHeritage Farm Credit Services that sought to recoup money his company allegedly spent acquiring a Case 290 Magnum Tractor. The tractor itself was to serve as collateral, and in support of the loan, Sweetin gave AgHeritage an invoice from an equipment dealer reflecting the tractor had been purchased outright and a copy of the company check that had supposedly been used to pay.
The tractor had not been purchased outright but had actually been financed through another lender. The real tractor bore a different serial number, and the check and invoice Sweetin provided in support of the loan were both fabricated. During his plea hearing, Sweetin acknowledged this was only one of several instances where he lied to lenders in order to secure loans for his farming operation. At various points, he sought purchase money for farming equipment financed elsewhere using fictitious serial numbers and invoices, he overstated farmable acreage and understated debt to secure crop loans, and he double pledged collateral. All told, these false statements secured loans that occasioned over $3.3 million in losses to AgHeritage, BancorpSouth, and Regions Bank.
Sweetin pleaded guilty in May to an Information charging him with one count of making a false statement on a loan application. He was sentenced by United States District Judge James M. Moody. In addition to prison, Sweetin was sentenced to five years of supervised release and ordered to pay over $3.2 million in restitution, the number having been lowered from $3.3 million to account for recent payments to victims since his guilty plea. The case was investigated by the FBI and prosecuted by Assistant United States Attorney Alexander D. Morgan.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Lexington Man Pleads Guilty to CarjackingRead the Press Release
LEXINGTON, Ky. - Jody Shipman, 28, of Lexington, pleaded guilty Wednesday to carjacking, with the intent to inflict serious bodily harm or death, before Chief U.S. District Judge Danny C. Reeves.
Shipman admitted to two, separate carjackings, in Lexington, in January and February 2019. According to his plea agreement, in January 2019, Shipman approached a woman at her apartment, demanded her vehicle, phone, and wallet, and threatened her with force. Shipman also admitted to approaching a second female victim, at St. Joseph Hospital in February, forcing her inside her vehicle and driving her to an ATM machine, to withdraw money from her account.
Shipman was indicted in August 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge, ATF Louisville Field Division; and Lawrence Weathers, Chief, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the Lexington Police Department and ATF. The United States was represented by Assistant U.S. Attorney Cynthia T. Rieker.
Shipman is scheduled to be sentenced on Feb. 21, 2020. He faces up to 15 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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 PSN program was reinvigorated 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.
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Lexington Man Pleads Guilty to Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. - Rakim Moberly, 29, of Lexington, pleaded guilty Wednesday to possession of a firearm by a convicted felon, trafficking in fentanyl, and possession of a firearm in furtherance of drug trafficking, before Chief U.S. District Judge Danny C. Reeves.
Moberly admitted to illegally possessing a stolen firearm. According to his plea agreement, officers arrested Moberly for possessing the firearm and took him to the Fayette County Detention Center. While at the detention center, Moberly discarded drugs that were on his person. Later, officers the drugs where Moberly had been seated..
Moberly was indicted in August 2019. Moberly was previously convicted of Robbery Second Degree, Wanton Endangerment First Degree, and Criminal Mischief First Degree, by the Fayette Circuit Court, in 2016.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge, ATF Louisville Field Division; and Lawrence Weathers, Chief, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the Lexington Police Department and ATF. The United States was represented by Assistant U.S. Attorney Cynthia T. Rieker.
Moberly is scheduled to be sentenced on Feb. 28, 2020. He faces up to 35 years in prison and a maximum fine of $1.5 million. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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 PSN program was reinvigorated 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.
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Lawrenceburg Man Convicted of Receipt, Distribution, and Possession of Child PornographyRead the Press Release
FRANKFORT, Ky. - A Lawrenceburg, Kentucky man was convicted Wednesday by a federal jury in Frankfort for receiving, distributing, and possessing child pornography.
After deliberating for an hour, following a two-day trial, the jury convicted 48-year old William Richard Smith of seven counts of receipt, one count of distribution, and one count of possession of visual depictions involving minors engaged in sexually explicit conduct.
According to testimony at trial, Smith distributed 25 child pornographic videos to an investigator with the Kentucky Office of Attorney General (OAG), Cyber Crimes Branch, who was performing an undercover investigation using an online peer-to-peer network. After identifying Smith as the individual who distributed these images, a search warrant was executed on Smith’s residence, during which several electronic devices were seized. Evidence from the forensic examination of those devices revealed that, in addition to distributing child pornography, Smith possessed 1,622 sexually explicit visual depictions of minors as of the date of the search warrant and had been receiving those visual depictions using a peer-to-peer network since May 2016.
Smith was indicted in February 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, John Condon, Special Agent in Charge of Homeland Security Investigations (HSI), and Andy Beshear, Kentucky Attorney General, jointly announced the conviction.
The investigation was conducted by the Kentucky OAG Cyber Crimes Branch and HSI. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorneys David Marye and Mary Melton.
Smith will appear for sentencing on April 1, 2020. He faces a maximum of 20 years in prison for each count. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
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Lancaster County Farm Enjoined from Continued Misbranding of Meat/Poultry Products and Evasion of Food Safety LawsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that the District Court for the Eastern District of Pennsylvania has entered an injunction ordering Miller’s Organic Farm (Miller’s) of Bird-in-Hand, Pennsylvania, and its owner, Amos Miller, to cease violating federal food safety laws. After suing Miller’s in April 2019 for civil injunctive relief, the government moved for summary judgment. In granting that motion, the district court entered judgment against Mr. Miller and the farm and enjoined them from continued selling of non-federally-inspected, misbranded meat and poultry products to nationwide consumers, and from continued obstruction of federal health and safety oversight.
The United States brought the action on behalf of the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture. FSIS is responsible for ensuring that commercially sold meat, poultry and egg products are safe, wholesome, and correctly labeled and packaged. FSIS fulfills its mission by inspecting meat and poultry products before they reach consumers. For years, Miller’s has been illegally slaughtering and processing livestock and poultry, and commercially selling substantial quantities of the resulting products for human consumption, all without a USDA-FSIS Federal Grant of Inspection. Meanwhile, the products’ labeling has misled consumers by failing to disclose that the products have not been federally inspected and may not be sold commercially.
The suit is part of the United States’ continuing efforts to bring Miller’s into compliance with federal food safety laws. In late 2015, for example, the Food and Drug Administration, which regulates milk, isolated and identified Listeria monocytogenes (L. mono) bacteria in Miller’s raw milk samples. Through whole genome sequencing, the FDA found genetic similarity between that bacteria and other L. mono in two individuals who had developed listeriosis after consuming raw milk. The FDA named Miller’s as the “likely source” of infections in those persons, one of whom died.
FSIS sought to assess whether L. mono might be contaminating Miller’s meat and poultry products. But Mr. Miller refused to grant FSIS entry to the farm’s meat and poultry-related facilities, even after the agency served him with a subpoena. The United States then sued Miller’s to enforce the subpoena and USDA’s access rights. See United States v. Miller’s Organic Farm and Amos Miller, EDPA No. 16-cv-2731. Even after the court enforced the subpoena, and even after FSIS cited Miller’s with misbranding and other violations, the violations continued. Further, Miller’s continued to obstruct FSIS’ access to Miller’s facilities, records, and inventory.
Although Miller’s Organic Farm is a sole proprietorship, Mr. Miller organized Miller’s sales operations into a so-called “private membership association” (PMA) food buyer’s club. Mr. Miller based his non-compliance on assertions that PMAs are exempt from regulatory laws. This is false: PMAs are not exempt from federal food safety and other health and safety laws. The United States’ injunction action, United States of America v. Miller’s Organic Farm and Amos Miller, EDPA No. 19-cv-1435, is the first-ever suit of its kind where FSIS obtained an injunction against such a PMA farm business.
The civil injunction requires Miller’s to cease commercial sales of non-federally-inspected, misbranded, non-exempt meat and poultry products. Miller’s also must maintain relevant business transaction records, cooperate with FSIS inspections and oversight, and otherwise comply with federal food safety laws. Miller’s is subject to financial sanctions if it violates the injunction.
“As I stated when my Office filed this suit and as the injunction shows, food establishments in this District must follow federal food safety laws that protect the public,” said U.S. Attorney McSwain. “Congress enacted such generally applicable laws to ensure that the nation’s food supply is safe for consumption. We will continue to take enforcement action whenever commercial sellers ignore the rule of law, make up their own sets of rules, or otherwise attempt to hide behind a business structure to thwart congressionally-mandated federal oversight. Today’s injunction is necessary to effect Miller’s compliance and to ensure that, with FSIS’ oversight and assistance, compliance will continue in coming years.”
“At FSIS, we will continue to use our regulatory authority to ensure that meat, poultry, and processed egg products facilities comply with federal food safety laws,” said FSIS Administrator Carmen Rottenberg. “Inspection is the cornerstone of our food safety regulatory system – enabling consumers to purchase and prepare meat and poultry with confidence in the safety of these products.”
This case is being handled by AUSA Gerald Sullivan for the United States Attorney’s Office, which received assistance from Investigator Paul J. Flanagan of FSIS’ Compliance and Investigations Division, Philadelphia Regional Office; Attorney Advisor Tracey Manoff of USDA’s Office of the General Counsel; and Team Lead Troy Hambright of FSIS’ Enforcement and Litigation Division, Office of Investigation, Enforcement and Audit.
Kentucky Trio Facing Federal Charges for Mail TheftRead the Press Release
NASHVILLE, Tenn. – November 20, 2019 – An 11-count indictment returned last week charged three individuals from Trenton, Kentucky with conspiracy to commit mail fraud and theft of mail, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Adam Perrelli, 41, Kaitlin Patterson, 30, and Natasha Pargellis, 35, were indicted on November 13, 2019, after a lengthy investigation into mail thefts in and around the Clarksville, Tennessee area.
According to the indictment, the defendants obtained a master key that allowed them to open mail receptacles such as street collection boxes and panels of apartment house mailboxes. During the period of March 2018 through September 2018, the trio drove with each other and other individuals to various mail receptacles and took large amounts of mail. They then sorted through the mail looking for documents to use for their personal benefit, including checks, money orders, credit cards and personal identifying information. The documents were then altered and made payable to another participant in the conspiracy and approximately $32,000 in altered checks and money orders were cashed or deposited. The investigation uncovered an additional $540,000 in stolen checks and money orders which they intended to alter.
If convicted, the defendants face up to 20 years in prison.
This case was investigated by the U.S. Postal Inspection Service and the Clarksville Police Department and is being prosecuted by Assistant U.S. Attorney Robert Levine.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Kentucky Hospital to Pay over $10 Million to Resolve False Claims Act AllegationsRead the Press Release
Jewish Hospital & St. Mary’s Healthcare Inc., doing business as Pharmacy Plus and Pharmacy Plus Specialty (collectively, Jewish Hospital), of Louisville, Kentucky, have agreed to pay $10,101,132 to resolve False Claims Act allegations that they knowingly submitted false claims to the Medicare program, the Department of Justice has announced.
“Healthcare providers will be held accountable when then knowingly submit false claims for prescription drugs that do not meet requirements to establish medical necessity,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We take appropriate steps to protect Medicare funds and the integrity of our federal healthcare programs.”
The settlement announced today resolves allegations that Jewish Hospital knowingly submitted claims to Medicare for prescription drugs that did not meet Medicare coverage requirements, including the need to obtain the treating physician’s signature on the order establishing medical necessity, to confirm that refills were reasonable and necessary, and to document that the medications were in fact delivered. The settlement also resolves allegations that Jewish Hospital submitted claims to Medicare that resulted from improper remuneration provided to Medicare beneficiaries in the form of free blood glucose testing supplies and waiver of co-payments and deductibles for insulin, in violation of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), which prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally-funded programs.
“Paying for medically unnecessary drugs robs vital government health programs of precious resources and can violate the law,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue working with our law enforcement partners to protect beneficiaries and taxpayers.”
The settlement resolves allegations originally brought in a lawsuit filed by Robert Stone, a pharmacist, under the whistleblower or qui tam provision of the False Claims Act, which allows private parties to bring suit on behalf of the government and to share in any recovery. Mr. Stone will receive $1.85 million.
The settlement was the result of an investigation by the Department of Justice’s Civil Division, Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Kentucky, and the Office of Inspector General at the U.S. Department of Health and Human Services.
The lawsuit is captioned United States ex rel. Stone v. Jewish Hosp. & St. Mary’s Healthcare, Inc., et al., Civil Action No. 3:17-294 (W.D. Ky.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Jackson Man Sentenced to 2 Years in Federal Prison under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Andrew Rollins, 28, of Jackson, was sentenced today by U.S. District Judge Carlton W. Reeves to 24 months in federal prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Michelle A. Sutphin with the Federal Bureau of Investigation in Mississippi.
Rollins had previously been convicted of felonious house burglary in Hinds County in 2013. On August 22, 2018, in Hinds County, Rollins discharged a firearm multiple times at another person. The shooting occurred within 1,000 feet of an elementary school. At the time of this offense, Rollins was still on Hinds County probation and his state probation has since been revoked.
Rollins was originally indicted for this offense on January 25, 2019. He pled guilty before Judge Reeves on March 26, 2019 to being a felon in possession.
The Federal Bureau of Investigation and Jackson Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Andrew W. Eichner.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indianapolis Woman Indicted for Illegal Purchase of 36 Firearms on Eight Separate Occasions from Indianapolis Area Gun StoresRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Iva Patrick, 30, of Indianapolis, was indicted by a grand jury for charges of unlawfully providing false information in connection with a purchase of a firearm.
"If you choose to lie on the federal forms when purchasing a firearm, you must face the consequences," said Minkler. "Firearms purchased illegally, or for other people, are often purchased for no other reason, but to commit crimes. The Department of Justice and the U.S. Attorney’s Office is committed to reducing gun violence and enforcing federal firearm laws through Project Guardian."
In July of 2019, investigators from the Indianapolis Crime Gun Intelligence Center (CGIC) initiated an investigation into the suspected firearms trafficking activities of Iva Patrick. Investigators were able to confirm that Patrick purchased at least 36 firearms from federal firearms licensees (FFLs) in the Indianapolis area on at least eight separate occasions between June 15, 2019 and August 9, 2019.
Patrick’s then boyfriend, Jeremy Evans, who is a convicted felon and the father of her three children, instructed Patrick to purchase all of the firearms. Evans was unable to purchase the firearms himself, due to numerous previous felony convictions, and he directed Patrick to purchase the guns for him. Patrick completed the required paperwork for each gun purchase, indicating that the guns were for her, when in fact the guns were being purchased for Evans.
Evans was present in the parking lot of the FFLs during several of the firearms purchases and he specifically told Patrick which firearms to purchase. Once Patrick secured the firearms purchases from the FFLs, the firearms were initially stored at an Indianapolis residence. On August 21, 2019, CGIC investigators executed a search warrant at the Indianapolis residence, where receipts for numerous firearms purchased by Patrick were located and numerous empty firearms boxes, including one firearms box belonging to one of the firearms purchased by Patrick were found. However, no actual firearms purchased by Patrick were recovered during the search at the Indianapolis residence.
Following the search warrant, nine firearms purchased by Patrick were recovered in Chicago, Illinois. Of those nine recovered firearms, it was determined by the National Integrated Ballistic Information Network (NIBIN) that one of the guns purchased by Patrick was used in an unrelated homicide in Chicago where at least four persons were shot and one person died from a gunshot wound. Several firearms purchased by Patrick were recovered in connection with a carjacking, narcotics dealings, other shootings, and in the hands of convicted felons. Investigators are actively working to recover all firearms purchased by Patrick.
Evans was charged by criminal complaint on October 21, 2019, for his participation in a home invasion robbery, which occurred on August 19, 2019. Firearms were stolen from the robbery victim’s residence. Evans was also charged with brandishing a firearm during a crime of violence.
Last week, Attorney General Barr announced Project Guardian, an initiative that focuses on reducing gun violence and enforcing federal firearm laws. This case is a prime example of the Project Guardian initiative at work in the Southern District of Indiana. Law enforcement utilized crime gun intelligence to investigate this case and utilized various investigative resources including the ATF National Tracing Center to run a trace on all recovered guns.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
This case was investigated by CGIC which is comprised of investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Indianapolis Metropolitan Police Department (IMPD).
"This indictment should make clear that those who knowingly put firearms in the hands of prohibited persons are also responsible for how those firearms are used," stated Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. "ATF will continue to work with our law enforcement partners to stop the flow of guns from legal possession into illegal commerce."
According to Assistant U.S. Attorney Jeremy A. Morris, who is prosecuting the case for the government, Patrick faces up to 10 years in prison, if convicted.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which 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 partner with federal and local law enforcement agencies to prosecute individuals committing violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
Honduran National Sentenced to Fifteen Months for Illegal ReentryRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Ever Jose Diaz-Lara (30, Honduras) to 15 months in federal prison for illegal reentry after deportation. Diaz-Lara had pleaded guilty on September 6, 2019.
According to testimony and court documents, since 2009, Diaz-Lara has been arrested at least five times for violent domestic assaults. The Department of Homeland Security removed Diaz-Lara to Honduras in 2010, 2014, and 2015. Immigration and Customs Enforcement (ICE) most recently encountered Diaz-Lara following his July 17, 2019, domestic battery arrest in Orlando.
“Thanks to the hard work of our Enforcement and Removal Operations (ERO) team, this violent criminal illegal alien is out of our communities,” said Miami ERO Field Office Director Michael W. Meade.
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE-ERO). It was prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, ICE, in the Middle District of Florida.
Homeworth man indicted for illegally buying and selling firearms without a licenseRead the Press Release
William Draher, 71, was indicted on one count of engaging in the business of selling firearms without a license between January 2013 and July 2018.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
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Hardy County man admits to heroin and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Timothy Juston Wimer, of Old Fields, West Virginia, has admitted to drug distribution and firearms charges, U.S. Attorney Bill Powell announced.
Wimer, age 35, pled guilty to one count of “Possession with Intent to Distribute Heroin” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.” Wimer admitted to distributing heroin in January 2019 and admitted to having a .32 caliber pistol in February 2019. The crimes occurred in Hardy and Hampshire Counties.
Wimer faces up to 20 years incarceration and a fine of up to $1,000,000 for heroin charge. He faces at least five years incarceration and a fine of up to $250,000 for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Beloit Man Charged with Armed Robberies of Businesses
Nicholas K. Murn, 26, Beloit, Wisconsin, is charged with five counts of armed robbery of businesses that were engaged in interstate commerce. The businesses were located in Rock County, Wisconsin. The indictment alleges that he robbed the following businesses:
- Tex’s Grocery on Saint Lawrence Avenue in Beloit on October 17, 2019;
- Casey’s General Store on South John Paul Road in Milton, Wisconsin, on October 23, 2019;
- Stop N’ Go on East Milwaukee Street in Janesville, Wisconsin, on October 24, 2019;
- Mulligans BP Convenience on Milton Avenue in Janesville on October 26, 2019; and;
- Rollette Oil Gas Station on Madison Road in Beloit on October 30, 2019.
The indictment further alleges that Murn brandished a firearm during each of these robberies.
If convicted, Murn faces a maximum penalty of 20 years in federal prison on each robbery count. Each charge of brandishing a firearm during a crime of violence has a mandatory minimum penalty of seven years in prison, to be served consecutive to any sentence imposed for the robbery. The charges against Murn are the result of an investigation by the Beloit, Janesville, and Milton Police Departments, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Rita M. Rumbelow is handling the prosecution.
Madison Man Charged with Armed Bank Robbery
Stanley Griffin, 26, Madison, Wisconsin, is charged with the armed robbery of US Bank on Cottage Grove Road in Madison on July 9, 2019. The indictment also charges him with brandishing a firearm during the robbery.
If convicted, Griffin faces a maximum penalty of 25 years in federal prison on the armed bank robbery charge, and a mandatory minimum penalty of seven years in federal prison on the charge of brandishing a firearm during a crime of violence. Federal law requires that the sentence for brandishing a firearm be served consecutive to any sentence imposed on the bank robbery charge.
The charges against Griffin are the result of an investigation by the Madison Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Rita M. Rumbelow is handling the prosecution.
Two Charged with Madison Robberies
Ramon Howard, 36, and Antonio Rowe, 30, both of Madison, Wisconsin, are charged with robbing financial institutions in Madison. The indictment alleges that:
- Rowe robbed the BMO Harris Bank on Sherman Avenue on September 10, 2019;
- Howard and Rowe robbed the Associated Bank on East Towne Boulevard on September 13, 2019;
- Howard robbed the Summit Credit Union on Thierer Road on September 16, 2019; and
- Howard and Rowe robbed the UW Credit Union on Northport Drive on September 26, 2019.
If convicted, Howard and Rowe face a maximum penalty of 20 years in federal prison for each robbery they are alleged to have committed. The charges against them are the result of an investigation by the Madison Police Department and Federal Bureau of Investigation. Assistant U.S. Attorney Corey C. Stephan is handling the prosecution.
The indictments against Murn, Griffin, Howard, and Rowe have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Onalaska Man Charged with Drug Crime
Eric Sobek, 47, Onalaska, Wisconsin, is charged with possessing 50 grams or more of methamphetamine with the intent to distribute. The indictment alleges that he possessed the methamphetamine on September 17, 2019.
If convicted, Sobek faces a mandatory minimum sentence of five years and a maximum of 40 years in federal prison. The charge against him is the result of an investigation by the La Crosse and Onalaska Police Departments. Assistant U.S. Attorney Chadwick M. Elgersma is handling the prosecution.
Madison Man Charged with Distributing Heroin
James Britton, 31, Madison, Wisconsin, is charged with three counts of distributing heroin and one count of possessing heroin with the intent to distribute. The indictment alleges that he distributed heroin on October 30, November 4, and November 6, 2019, and that he possessed heroin with the intent to distribute on November 14, 2019.
If convicted, Britton faces a maximum penalty of 20 years in federal prison on each count. The charges against him are the result of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Taylor L. Kraus is handling the prosecution.
Madison Man Charged with Distributing Cocaine
Matthew Guirlando, 34, Madison, Wisconsin, is charged with four counts of distributing cocaine and one count of possessing cocaine with the intent to distribute. The indictment alleges that he distributed cocaine on May 2, July 9, July 25, and September 19, 2019, and that he possessed cocaine with the intent to distribute on October 7, 2019.
If convicted, Guirlando faces a maximum penalty of 20 years in federal prison on each count. The charges against him are the result of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Aaron D. Wegner is handling the prosecution.
Grain Valley Business Owner Pleads Guilty to Failing to Pay $1.5 Million in Payroll TaxesRead the Press Release
KANSAS CITY, Mo. – A Grain Valley, Missouri, business owner pleaded guilty in federal court today to failing to pay more than $1.5 million in federal and state payroll taxes collected from his employees.
Jeremy Hull, 43, pleaded guilty before U.S. District Judge Gary A. Fenner to failing to account for and pay over to the Internal Revenue Service the federal employment taxes withheld for the fourth quarter of the tax year 2013.
Hull owned and operated Hullmark, LLC, a construction company, from December 2010 to December 2016. Hull withheld $707,029 in federal income taxes and FICA (Federal Insurance Contributions Act) taxes from his employees’ wages from 2013 through 2014. Hull also withheld $866,337 in state taxes from his employees’ wages. By pleading guilty today, Hull admitted that he failed to account for and pay over those taxes to the IRS and the Missouri Department of Revenue.
Under the terms of today’s plea agreement, Hull must pay $707,029 in restitution to the federal government and $866,337 in restitution to the Missouri Department of Revenue, for a total of $1,573,366 in restitution.
Under federal statutes, Hull is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Tom Larson and Leigh Farmakidis. It was investigated by IRS-Criminal Investigation and the Missouri Department of Revenue.
Goines Indicted on Federal Civil Rights ChargeRead the Press Release
HOUSTON - Three people, including two former officers, are now in custody in relation to the fatal events that occurred in January 2019 on Harding Street in Houston, announced U.S. Attorney Ryan K. Patrick along with Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division and Special Agent in Charge Perrye K. Turner of the FBI.
A federal grand jury returned the nine-count indictment Nov. 14 against Gerald M. Goines, 55, and Steven M. Bryant, 46, both former Houston Police Department (HPD) officers. Also charged is Patricia Ann Garcia, 53. All are residents of Houston. The indictment was unsealed this morning as authorities took all three into custody. They are expected to make their initial appearances before U.S. Magistrate Judge Dena H. Palermo at 2 .m. today.
The federal indictment stems from the Jan. 28 narcotics raid HPD conducted on the 7800 block of Harding Street in Houston. The enforcement action resulted in the deaths of two residents at that location.
Goines is charged with two counts of depriving the victims’ constitutional right to be secure against unreasonable searches. The indictment alleges Goines made numerous materially false statements in the state search warrant he obtained for their residence. The execution of that warrant containing these false statements resulted in the death of the two individuals as well as injuries to four other persons, according to the indictment.
Goines and Bryant are charged with obstructing justice by falsifying records. Goines allegedly made several false statements in his tactical plan and offense report prepared in connection with that search warrant. The indictment alleges Bryant falsely claimed in a supplemental case report he had previously assisted Goines in the Harding Street investigation. Bryant allegedly identified a brown powdery substance (heroin) he retrieved from Goines’ vehicle as narcotics purchased from the Harding Street residence Jan. 27.
Goines is further charged with three separate counts of obstructing an official proceeding. The federal grand jury alleged Goines falsely stated Jan. 30 that someone had purchased narcotics at the Harding Street location three days prior. He also falsely stated Jan. 31 that another individual purchased narcotics at that residence that day, according to the charges. On Feb. 13, he also falsely claimed he had purchased narcotics at that residence on that day. The indictment alleges none of these statements were true.
The charges against Garcia allege she conveyed false information by making several fake 911 calls. Specifically, on Jan. 8, she allegedly made several calls claiming her daughter was inside the Harding Street location. According to the indictment, Garcia added that the residents of the home were addicts and drug dealers and that they had guns – including machine guns – inside the home, according to the indictment. The charges allege none of Garcia’s claims were true.
If convicted of the civil rights charges, Goines faces up to life in prison. Each obstruction count carries a potential 20-year sentence, while Garcia faces a five-year term of imprisonment for conveying false information.
The FBI is conducting the investigation. Assistant U.S. Attorneys Alamdar S. Hamdani, Arthur R. Jones and Sharad S. Khandelwal are prosecuting the case along with Special Litigation Counsel Jared Fishman of the department’s Civil Rights Division.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Georgia Man Apprehended at the Peace Bridge Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ibrahim Dirweesh, 35, of Atlanta, Georgia, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced by Senior U.S. District Judge William M. Skretny to serve 24 months in prison.
Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that on August 22, 2018, following a secondary inspection, the defendant was detained by Customs and Border Protection officers at the Peace Bridge Port of Entry. During that secondary inspection, images and videos of child pornography were discovered on Dirweesh’s cell phone. The videos were sexual in nature involving pre-pubescent children as young as two years-old.
The sentencing is the result of an investigation by U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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