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16 December 2019
West Haven Man Arrested after Attempting to Travel to Middle East to Join and Fight for ISISRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, John C. Demers, Assistant Attorney General for National Security, and Brian C. Turner, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that AHMAD KHALIL ELSHAZLY, 22, of West Haven, has been charged by a federal criminal complaint with attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Elshazly was arrested yesterday. He appeared today before U.S. Magistrate Judge Robert M. Spector in New Haven and was ordered detained.
As alleged in the criminal complaint, beginning in approximately September 2018, Elshazly, a U.S. citizen, has made numerous statements to others, both in person and through online messaging applications, expressing a desire to travel to Syria and the surrounding area to fight on behalf of ISIS. In February 2019, Elshazly stated that he had saved approximately $1,000 with the intention of using the money to travel to Jordan to transit to Syria to be with ISIS.
It is further alleged that, in October 2019, during a meeting with other individuals, Elshazly made numerous statements supporting ISIS, including, “…they say, War has started and we are marching to it…..but all doors are closed, closed. I am talking to myself now, asking myself, How do I get there? How can I help Muslims? How can I do anything?” He further stated, “God willing! May this country [United States] burn the same way they burned Muslims! May they burn in fire at the end!” Elshazly made these statements in a public venue. When he was asked to lower his voice when talking loudly, Elshazly proclaimed “I am not scared.”
During the same meeting, it is alleged that Elshazly said, “…I want to go to the caliphate and fight there. I can kill maybe…like a hundred kaffir. I can kill them. A hundred kaffirs. If I do something here how many kaffirs could I kill? One, two, three and then I get shot and I die. It is more benefitting if I go there, I could kill more and will get more faithful rewards.”
It is further alleged that, in December 2019, Elshazly sent another individual a series of YouTube videos explaining how various high-powered firearms and other weaponry work.
It is alleged that, because he was concerned about being stopped by law enforcement at an airport, Elshazly arranged to travel by ship to Turkey. Elshazly provided another individual with $500 that Elshazly believed would be used to pay for a portion of his trip. On December 15, 2019, Elshazly was arrested after he arrived in Stonington, Connecticut, where he expected to board a boat to begin his trip.
“The U.S. Attorney’s Office and our law enforcement partners are committed to targeting and stopping those who wish to cause mayhem, both in the U.S. and abroad, before they are successful,” said U.S. Attorney Durham. “I thank the FBI’s JTTF and all the agencies involved in the lengthy investigation that culminated in yesterday’s arrest. Their work has saved lives.”
“As alleged in the complaint, Elshazly was bent on supporting ISIS,” said Assistant Attorney General for National Security John C. Demers. “Worried that his efforts here would be too small and that he would be stopped at the airport, he planned to travel overseas aboard a container ship to join and fight for ISIS. The National Security Division is committed to identifying and holding accountable those who continue to seek to provide material support to foreign terrorist organizations.”
“It is crucial the citizens of Connecticut, and across the country, know we at the FBI and our task force partners are unwavering in our work to successfully identify and disrupt potential terrorist activities, as this case demonstrates,” said FBI Special Agent in Charge Turner. “Through nonstop intelligence gathering and great investigative techniques, we will continue to pursue those who seek to bring harm to U.S. citizens and dismantle potential terrorist actions wherever they may be.”
The charge of conspiring to provide material support to a designated foreign terrorist organization carries a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF) with the assistance of the Stonington Police Department, New Haven Police Department and Connecticut State Police. The FBI’s JTTF includes participants from the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Internal Revenue Service – Criminal Investigation Division, Naval Criminal Investigative Service, U.S. Marshals Service, U.S. Citizenship and Immigration Services, Connecticut State Police, Connecticut Department of Correction, Metropolitan Transportation Authority Police Department, Norwich Police Department, Hartford Police Department, Stamford Police Department, Norwalk Police Department, Town of Groton Police Department, UConn Police Department, Yale Police Department, and New York Police Department.
This case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito and Trial Attorneys Justin Sher and Jennifer Burke from the Counterterrorism Section of the Justice Department’s National Security Division.
Washington, D.C. Man Sentenced to More Than Four Years in Federal Prison for Involuntary Manslaughter in Connection with a Fatal Crash on the Baltimore-Washington ParkwayRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Darnell E. Bassett, age 24, of Washington, D.C., today to 51 months in federal prison, followed by three years of supervised release, for involuntary manslaughter in connection with a fatal accident on the Baltimore-Washington Parkway. Judge Hazel also ordered Bassett to pay restitution of $10,337, which represents the full amount of the victim’s losses, including the costs of the victim’s funeral and burial costs. Bassett pleaded guilty to the federal charge on September 25, 2019.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Chief Gregory T. Monahan of the U.S. Park Police; and Chief Peter Newsham of the Metropolitan Police Department.
According to Bassett’s plea agreement, on June 24, 2019, a vehicle driven by Bassett was involved in a collision with a District of Columbia Metropolitan Police cruiser in northeast Washington, D.C. The police vehicle was disabled, but Bassett continued driving at a high rate of speed, going the wrong way on a one-way street. Another marked Metropolitan Police vehicle pursued Bassett with its lights and siren activated. Bassett did not stop, making his way into Maryland on the Baltimore-Washington Parkway.
Bassett continued driving northbound on the Baltimore-Washington Parkway at a high rate of speed and passed other vehicles by driving on the right shoulder of the highway. Sometime during the incident, one of his tires blew out, but Bassett nevertheless continued driving on the shoulder of the highway and passing other traffic. While driving at least 70 miles per hour, Bassett began to take the right-side exit ramp to the inner loop of Interstate 495, then veered left across the on-ramp and into the triangular painted safety zone between the ramp and the travel lanes, striking a Honda CR-V that was stopped in the safety zone. The Honda spun around and then turned onto its side. The driver of the Honda died as a result of the crash.
United States Attorney Robert K. Hur commended the U.S. Park Police and the Metropolitan Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Michael Morgan and Hollis Raphael Weisman, who are prosecuting the case.
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Urine Drug Test Laboratory Sales Manager Agrees to Pay $649,407 to Settle False Claims Allegations with United StatesRead the Press Release
CHARLOTTE, N.C. – The U.S. Attorney’s Office for the Western District of North Carolina announced that it has settled claims with Manoj Kumar, a former sales representative and manager for Physician’s Choice Laboratory Services (PCLS), a defunct urine drug testing laboratory that was based in Charlotte, N.C.
Kumar has paid $649,407 to resolve claims that he participated in schemes to illegally induce physicians to send medically unnecessary urine drug tests to PCLS. Kumar was a defendant in a civil complaint filed by the United States against Kumar, PCLS and other agents of the company.
The United States alleged that Kumar, along with other agents of PCLS, provided benefits to physicians to induce them to send urine samples to PCLS for drug testing that was not medically necessary. The complaint alleges that Kumar’s actions violated the Anti-Kickback Statute, which makes it illegal for any person to knowingly and willfully solicit or receive, or offer or pay any remuneration in exchange for the referral of items or services that are paid for by a federal health care program. The United States alleged that PCLS then submitted claims to Medicare for these tests in violation of the False Claims Act.
“Tests and other services should be ordered by physicians based on sound medical judgment, not on financial benefit,” said Andrew Murray, United States Attorney for the Western District of North Carolina. “Paying inducements to obtain orders for tests and other services corrupts medical decision-making and causes unnecessary costs to federal healthcare programs.”
The United States alleged that Kumar received payments from PCLS to channel urine drug tests to PCLS from physician practices that he managed. The United States further alleged that Kumar, along with a co-defendant in the case, provided equipment and related services to physicians in exchange for those physicians sending urine drug samples to PCLS.
“The Ant-Kickback Statute is meant to protect patients and federal health programs from medical decision-making corrupted by financial motive,” said U.S. Attorney Murray. “My office will aggressively pursue such claims.”
The United States Complaint in Intervention was filed in the qui tam case United States ex rel. Hartnett & Shoched v. Physicians Laboratory Services, LLC et al. (Civil Case No. 17-cv-37) which was consolidated with the qui tam case United States ex rel. Jenkins et al. v. Physician’s Choice Laboratory Services et al. (Civil Case No. 17-cv-46). The two qui tam cases were originally filed in the Middle District of Florida and the Eastern District of Tennessee, respectively, but transferred to the Western District of North Carolina in January, 2017. Additional defendants remain in the case which is currently in litigation. The Settlement Agreement is not an admission of liability or wrongdoing by Kumar.
U.S. Department of Justice’s OPDAT Section Hosts Visit by the Chief Justice of MalaysiaRead the Press Release
On December 13, the Chief Justice of Malaysia, Tan Sri Tengku Maimun Binti Tuan Mat traveled to the United States on her first international engagement since her historic appointment last May as the first woman to hold the office of Chief Justice. The Chief Justice is joined by fellow Malaysian judges on the program, which is designed to strengthen bilateral judicial engagement and encourage the sharing of best practices. The visit is hosted by the U.S. Department of Justice’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT), U.S. Department of State and Judge Loretta A. Preska of the Southern District of New York.
OPDAT Resident Legal Advisor to Malaysia Karyn Kenny, Senior Judge Loretta Preska of the U.S. District Court for the Southern District of New York, Chief Justice of Malaysia Tengku Maimun Binti Tuan May, and OPDAT ICHIP Legal Advisor for Southeast Asia Thomas Dougherty.While in New York, the delegation will meet with representatives of the U.S. Attorney’s Office for the Southern District of New York, the New York City Police Department and officials from the Permanent Mission of Malaysia to the United Nations.
At the U.S District Court for the Southern District of New York, the delegation will explore best practices supporting the Rule of Law, judicial independence, courtroom security and combating cybercrime.
From New York, the delegation will travel to Washington, D.C. to visit the Supreme Court of the United States as well as meet with the OPDAT Director Faye Ehrenstamm and officials from the Administrative Office of the U.S. Courts.
“We are honored to co-host the first international visit of Chief Justice Maimun since her historic appointment as the first female Chief Justice of Malaysia,” said OPDAT Director Ehrenstamm. “Her visit marks an important milestone in the U.S. Government and Malaysian justice sector relationship.”
“Let me express my deep appreciation to the U.S. Department of Justice, OPDAT, the U.S. State Department, Judge Loretta A. Preska and the Southern District of New York, and the NYPD for the opportunity to visit America and exchange best practices,” said Chief Justice of Malaysia Maimun. “I look forward to a series of fruitful discussions on a number of topics of mutual interest and benefit to both Malaysia and the United States. I have no doubt it will be an enriching experience. I also look forward to continuing our cooperation as we work together to strengthen our bilateral relationship. I am pleased we can join together to promote the independence of the judiciary and the rule of law.”
On December 16, the U.S. District Court for the Southern District of New York will host a luncheon for Chief Justice Maimun with the women judges of New York federal and state courts. On December 17, the New York Bar Association will host a Continuing Legal Education (CLE) event at 5:30 p.m. in Room 850 of the Daniel Patrick Moynihan Courthouse in Manhattan. The CLE is open to members of the bar and the press. Topics will include the Malaysian Court framework, including the civil, criminal, tribal and Shariah sectors, as well as ethical obligations, the role of women in judicial leadership roles, the strengthening of judicial security, and best practices to combat cyber crime.
To learn more about OPDAT, visit: https://www.justice.gov/criminal-opdat.
U.S. Attorney Pak announces public service announcements supporting law enforcement officersRead the Press Release
ATLANTA – U.S. Attorney Byung J. “BJay” Pak is asking citizens to join him in saluting law enforcement officers in the Northern District of Georgia.
“Law enforcement officers are everyday heroes and part of our community. Fathers, mothers, brothers, sisters, sons, daughters, and our neighbors,” said U.S. Attorney Byung J. “BJay” Pak. “They go to work every day with a passion to serve others and to protect us. Few can truly appreciate the rigors of working in law enforcement. In addition, many of them serve the communities in which they grew up because they love where they are from, and see it as an honor and duty to give back. They are one of us. Please join us in thanking them for their dedication, and service.”
The U.S. Attorney’s Office for the Northern District of Georgia is releasing three Public Service Announcements (“PSA’s”) that will feature the everyday heroes who serve in their hometowns. The first release will post on our social media platforms on December 16, 2019, and submitted to local media outlets. It will feature Sgt. Monica Peterson of the LaGrange, Georgia Police Department. #EveryDayHeroesAreOneOfUs
The PSA’s will be available on our Facebook page at: https://www.facebook.com/NDGAnews/
Also on our YouTube Channel at: https://www.youtube.com/c/usaondga
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Two Montgomery County, N.C., Residents Sentenced for Drug-Related ChargesRead the Press Release
GREENSBORO, N.C. – Two residents of Mount Gilead, N.C., were sentenced to federal prison today for activity involving distribution of cocaine base (“crack”), announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
JASPER LEE CUTHRELL, age 38, of Mount Gilead, North Carolina, was sentenced to a total of 136 months’ imprisonment by United States District Judge William L. Osteen, Jr. CUTHRELL was also ordered to serve 5 years of supervised release following his imprisonment, and to pay a special assessment of $300. CUTHRELL pleaded guilty on September 4, 2019, to conspiracy to distribute crack cocaine, distribution of crack cocaine, and possession of firearms in furtherance of drug trafficking crimes.
SHANI GWYNN LATHAM, age 31, of Mount Gilead, North Carolina, was sentenced to 21 months’ imprisonment by United States District Judge William L. Osteen, Jr. In addition to prison time, LATHAM was ordered to serve 4 years of supervised release and to pay a special assessment of $100. LATHAM pleaded guilty on September 4, 2019, to distribution of crack cocaine.
Court records show CUTHRELL engaged in a conspiracy to distribute crack cocaine with LATHAM and other persons in Montgomery County, North Carolina from April 25, 2019, through July 9, 2019. During that time, law enforcement used confidential informants to engage in a series of purchases from CUTHRELL of crack cocaine and firearms on several dates. This investigation resulted in the recovery of four firearms, one rifle, one shotgun, and two revolvers, one of which had been reported stolen from Salisbury, North Carolina. The narcotics and firearms sales took place at a residence in Montgomery County. LATHAM directly participated in one of the sales of crack cocaine to a confidential informant on April 25, 2019.
The case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Montgomery County Sheriff’s Office and the Mount Gilead Police Department. The case was prosecuted by Assistant United States Attorney Craig M. Principe.
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Two Men Arrested for Conspiracy to Distribute FentanylRead the Press Release
BOSTON – Two men were arrested on Wednesday, Dec. 11, 2019, and charged with conspiracy to distribute fentanyl.
Steven Perez, of Lowell, and Anthony Holloway, of Methuen, were arrested and charged with conspiracy to distribute and possession with intent to distribute fentanyl. Following an initial appearance in federal court in Boston, Perez and Holloway were detained pending a detention and probable cause hearing set for Dec. 19, 2019.
According to the charging documents, over the course of several months, law enforcement investigated Perez and Holloway’s fentanyl distribution operation. The men allegedly used an elderly housing complex run by the Methuen Housing Authority to package drugs and conduct drug sales.
The charge of conspiracy to distribute and to possess with intent to distribute fentanyl carries a sentence of up to 20 years in prison, at least three years of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Office; and Methuen Police Chief Joseph Solomon made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Canadian Nationals Plead Guilty for Bitcoin FraudRead the Press Release
PORTLAND, Ore.— Karanjit Singh Khatkar, 23, and Jagroop Singh Khatkar, 24, residents of Surrey, British Columbia, Canada, pleaded guilty today for conspiring to commit wire fraud and money laundering in a scheme to steal bitcoin from an Oregon resident.
According to the indictment, beginning in October 2017 and continuing until August 2018, the defendants used a Twitter account with the name @HitBTCAssist to trick victims into thinking they were communicating with a customer service representative from HitBTC, a Hong Kong-based online platform used to exchange virtual currency. HitBTC provides its customers with web-based “wallets” to store virtual currency and make transactions.
Using the fraudulent Twitter account, the defendants responded to the Oregon victim’s questions about withdrawing virtual currency from her HitBTC account. The defendants convinced the victim to send information they could use to log on and take over her email, HitBTC and Kraken accounts. Kraken is a U.S.-based online platform that offers services similar to HitBTC.
The defendants initiated transfers of 23.2 bitcoins from the victim’s HitBTC account to Karanjit Khatkar’s Kraken account. Karanjit Khatkar in turn transferred approximately 11.6 in stolen bitcoins to Jagroop Khatkar’s Kraken account. The stolen bitcoins have an estimated present value of approximately $160,254.
On July 18, 2019, Karanjit Khatkar was arrested upon arrival at the McCarran International Airport in Las Vegas, Nevada and later ordered detained pending trial. Jagroop Khatkar appeared out-of-custody for today’s change of plea hearing.
Conspiring to commit wire fraud and money laundering are punishable by 20 years and 10 years in prison, respectively, a $250,000 fine or twice the pecuniary gains or losses resulting from the offense if over $250,000, and three years’ supervised release. Both defendants will be sentenced on March 17, 2020 before U.S. District Court Judge Michael H. Simon.
As mandated by their plea agreements, the Khatkars delivered a check of $142,349 as a prepayment of restitution to their victim at the change of plea hearing. This prepayment along with the $6,000 in U.S currency and $230 in Canadian currency seized by law enforcement equal the value of the bitcoins stolen from the victim. The Khatkars have agreed to pay restitution in full to their victim, which may exceed the prepayment amount, as ordered by the court at sentencing.
This case was investigated by FBI and is being prosecuted by Quinn P. Harrington and Julia E. Jarrett, Assistant U.S. Attorneys for the District of Oregon.
Twelve Defendants Facing Federal Charges for Drug TraffickingRead the Press Release
AGENTS SEIZE METHAMPHETAMINE, COCAINE, AND MULTIPLE OTHER DRUGS TWELVE INDIVIDUALS ARRESTED
GRAND RAPIDS, MICHIGAN – U.S. Attorney Andrew Birge announced today that his office secured arrest warrants for twelve separate defendants charged by criminal complaint with various drug trafficking crimes, including conspiring to distribute methamphetamine and other controlled substances in Calhoun County, Kalamazoo County, and elsewhere.
On the morning of December 11, 2019, over 100 federal, state, and local law enforcement officers executed arrest warrants and over a dozen search warrants in five different Michigan counties. Investigators seized cocaine, fentanyl, heroin, over a kilogram of methamphetamine (gross weight), over 50 pounds of processed marijuana and over 300 marijuana plants, and other controlled substances. Investigators also seized three handguns and over $50,000.
Further details of the allegations may be found in the complaint and 132-page supporting affidavit, which U.S. Magistrate Judge Ray Kent unsealed at the initial appearance of nine of the defendants on Wednesday, December 11, 2019. Three other defendants made their appearance on December 13, 2019.
The charges are the result of a multi-agency federal, state, and local investigation into the conspiracy conducted by Homeland Security Investigations (HSI), the Battle Creek Police Department, the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation (IRS CI), Emmett Township Police Department, Kalamazoo Department of Public Safety, St. Joseph Police Department, Calhoun County Sheriff’s Office, Kalamazoo County Sheriff’s Office, and Michigan State Police.
The charges in the complaint, which carry varying maximum penalties, including up to life in prison for some of the defendants, are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
The following individuals were charged:
Name
Age
Residence
Andrew Rolando Bravo
37
Battle Creek, Michigan
Wayne Henry Hawley
40
Battle Creek, Michigan
Christopher Michael Dreams
43
Battle Creek, Michigan
Erineo Wallace
44
Lansing, Michigan
Sharell Lana-Mika Hall
32
Dearborn, Michigan
James Walter Shelton, Jr.
37
Battle Creek, Michigan
Jeremiah E. Smith
32
Kalamazoo, Michigan
Rodney Compton
30
Kalamazoo, Michigan
Mark Anthony Mosley
44
Battle Creek, Michigan
Cory Karl Cadieux
39
Battle Creek, Michigan
Troy Edward Bush
44
Kalamazoo, Michigan
Donald Bernard Mosley
49
Battle Creek, Michigan
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Tulare County Man Sentenced to 2.5 Years in Prison for Drug Trafficking and Illegal Possession of a Machine GunRead the Press Release
FRESNO, Calif. — Francisco Fernandez, 26, of Earlimart, was sentenced today to two and a half years in prison for possessing with the intent to distribute cocaine and possession of an unregistered firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, a search warrant was executed at Fernandez’s residence in April 2019. During the search, federal agents found and seized scales, drug paraphernalia and cocaine. Fernandez admitted to possessing the cocaine for sale to others. Apart from the narcotics, federal agents also found “auto-sear” devices that are used to convert semi-automatic firearms to fire as fully automatic machineguns. In a subsequent search of Fernandez’s storage unit, agents located and seized several firearms, which included a Glock handgun that Fernandez had converted into a machine gun.
Tulare County District Attorney Tim Ware stated, “We are extremely grateful for this partnership that takes violent offenders away from the communities they victimized. Tulare County streets are safer because of Project Safe Neighborhoods.”
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations (HSI), and the Tulare County District Attorney’s Office. Assistant U.S. Attorney Thomas Newman is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Three Defendants Convicted as Part of “Operation Iced Ozarks” Sentenced for Drug TraffickingRead the Press Release
Fort Smith, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas; announced that on December 16, 2019, three (3) individuals were sentenced by the United States District Court for their roles in a methamphetamine trafficking ring which operated in Boone and Carroll Counties in Arkansas and other jurisdictions such as California and Iowa. This investigation and prosecution operation lasted from approximately February of 2019 through today’s final sentencing hearing. The Honorable Judge P.K. Holmes, III presided over the sentencing hearings today in the United States District Court in Fort Smith.
According to court records, on April 5, 2019, a search warrant was obtained by the FBI and served on a home in Alpena, Arkansas, where over 140 gross pounds of methamphetamine was located. The home was owned by defendant Walter Alvarez, who allowed his son Jason Alvarez, and an associate, Daniel Perez-Lebron to receive large quantities of methamphetamine at the location and prepare it for sale in both the Western District of Arkansas and in Iowa. It appeared from the evidence that the methamphetamine would arrive concealed within special compartments inside the wheels of vehicles in a compressed state, requiring the methamphetamine to be reconstituted in order to be sold and consumed. This reconstituting process required chemicals such as acetone, of which a large amount was located along with the methamphetamine.
Defendants in this conspiracy received the following sentences:
Jason Alvarez, age 34, of Harrison, Arkansas was sentenced December 16, 2019 to 292 months in federal prison followed by 5 years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Jason Alvarez was indicted in the Western District of Arkansas on May 8, 2019 and plead guilty on August 7, 2019.
Walter Alvarez, age 58, of Alpena, Arkansas was sentenced December 16, 2019 to 120 months in federal prison followed by 5 years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Walter Alvarez was indicted in the Western District of Arkansas on May 8, 2019 and plead guilty on August 7, 2019.
Daniel Perez-Lebron, age 27, of Harrison, Arkansas was sentenced December 16, 2019 to 180 months in federal prison followed by 5 years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Perez-Lebron was indicted in the Western District of Arkansas on May 8, 2019 and plead guilty on August 12, 2019.
The Harrison-based methamphetamine distribution network for a portion of the methamphetamine seized from Jason Alvarez, Walter Alvarez, and Daniel Perez-Lebron is pending sentencing before the United States District Court for the Western District of Arkansas in the related case, United States vs. Manning et. al., case number 3:19 CR 30003. The twenty-one defendants in this related matter have all been convicted and are expected to be sentenced in early 2020.
This prosecution was part of the Western District of Arkansas’ Operation Iced Ozarks, which is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.
This OCDETF case was investigated by the Federal Bureau of Investigation in Fayetteville, Arkansas; the State of Arkansas Fourteenth (14th) Judicial District Drug Task Force, the Harrison Police Department, the Boone County Sheriff’s Office; the Arkansas State Police; and the Arkansas National Guard Counter-Drug Unit. Assistant United States Attorney Brandon Carter prosecuted the case for the Western District of Arkansas.
Thirty tribes selected for expansion of program enhancing tribal access to national crime information databasesRead the Press Release
The Department of Justice has selected an additional 30 Indian tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes.
“The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions. The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”
“Information sharing and communication is key to community safety not only in our Tribal communities but throughout our district as a whole,” said U.S. Attorney Brian T. Moran. “The further expansion of TAP to our tribal law enforcement partners recognizes our shared priority of reducing violent crime in Western Washington.”
TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies, including nine in the Western District of Washington. The program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System.
This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.
On November 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).
In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.
The following tribes have been selected for the next phase of TAP in the Western District of Washington:
Cowlitz Indian Tribe
Jamestown S’Kallam Tribe
Muckleshoot Indian Tribe
Nisqually Indian Tribe
Nooksack Indian Tribe
And in the Eastern District of Washington:
Confederated Tribes of the Colville Reservation
Western Washington Tribes already using TAP include:
Suquamish Indian Tribe
Tulalip Tribes
Makah Indian Tribe
Lummi Nation
Confederated Tribes of Chehalis
Lower Elwha Tribal Community
Port Gamble S’Klallam Tribe
Quinault Indian Nation
Swinomish Indian Tribal Community
TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.
TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24x7 help desk.
TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC). TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.
Thirty Tribes Selected for Expansion of Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
The Department of Justice has selected an additional 30 Indian tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes.
“The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions. The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”
TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies. The program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System.
This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.
On Nov. 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).
In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.
The following tribes have been selected for the next phase of TAP:
Bay Mills Indian Community, Michigan
Bear River Band of the Rohnerville Rancheria, California
Central Council of the Tlingit & Haida Indian Tribes
Chippewa Cree Indians of the Rocky Boy’s Reservation, Montana
Confederated Tribes of the Colville Reservation
Cowlitz Indian Tribe
Flandreau Santee Sioux Tribe of South Dakota
Fort Mojave Indian Tribe of Arizona, California & Nevada
Iowa Tribe of Kansas and Nebraska
Jamestown S’Kallam Tribe
Kenaitze Indian Tribe
Miami Tribe of Oklahoma
Muckleshoot Indian Tribe
Nisqually Indian Tribe
Nooksack Indian Tribe
Ohkay Owingeh, New Mexico
Prairie Band Potawatomi Nation
Pueblo of Pojoaque, New Mexico
Pueblo of Taos, New Mexico
Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
San Carlos Apache Tribe of the San Carlos Reservation, Arizona
San Pasqual Band of Diegueno Mission Indians of California
The Chickasaw Nation
The Muscogee (Creek) Nation
The Osage Nation
Wampanoag Tribe of Gay Head (Aquinnah)
Washoe Tribe of Nevada & California (Carson Colony, Dresslerville Colony, Woodfords Community, Stewart Community & Washoe Ranches)
Yankton Sioux Tribe of South Dakota
Yavapai-Prescott Indian Tribe
TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.
TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24/7 help desk.
Recent success stories from the TAP program include:
- A tribal foster care program conducted fingerprint-based record checks of a couple who applied to be foster parents. The prints, which were searched via the TAP biometric kiosk-workstation, revealed that one of the applicants had an extensive criminal record, including a manslaughter charge. TAP allowed the tribal foster care program to quickly learn this information and thus cease the licensing process.
- A tribal police department utilized TAP to develop leads that eventually resulted in the arrest of a suspect and seizure of 400 counterfeit OxyContin pills laced with fentanyl.
- A tribal child protective services program conducted a name-based check of subjects under investigation for child abuse/neglect. One subject was determined to have an active warrant. A second subject was found to have an extensive violent criminal history and be the subject of an order of protection issued in another state. The tribal child protective services program promptly notified law enforcement of the outstanding warrant.
- A tribal court entered information into national databases to prevent a person with a prior domestic violence conviction who was threatening a former spouse from purchasing a firearm.
- A tribal sex offender registry program has entered all tribally-registered sex offenders into the National Sex Offender Registry (NSOR) file, information which is accessible to all law enforcement agencies nationwide.
TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC). TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.
Thirty Tribes Selected for Expansion of Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
The Department of Justice has selected an additional 30 American Indian tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes.
The following tribes have been selected for the next phase of TAP in the Northern District of Oklahoma: Miami Tribe of Oklahoma, Muscogee (Creek) Nation, and Osage Nation.
“The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions. The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”
“The expansion of the Tribal Access Program, or TAP, in northern Oklahoma is great news. Expanding TAP into rural areas where law enforcement may have limited resources, allows officers to more effectively provide for the safety of tribal citizens,” said U.S. Attorney Trent Shores of the Northern District of Oklahoma. “TAP is a critical information sharing tool that allows tribal law enforcement to efficiently access and share data in order to bring perpetrators of crime to justice. Moreover, the program can be an invaluable tool to enhance local and tribal law enforcement’s ability to find missing indigenous persons.”
TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies, including Cherokee Nation, Wyandotte Nation, and Miami Agency (Bureau of Indian Affairs) in the Northern District of Oklahoma.
The TAP program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System.
This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.
On November 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).
In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.
TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.
TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24x7 help desk.
TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC). TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.
Thirty Tribes Selected for Expansion of Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
LAS VEGAS, Nev. – The Department of Justice has selected an additional 30 Indian tribes, including tribes within the District of Nevada, to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes.
“The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions. The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”
Nicholas A. Trutanich, United States Attorney for the District of Nevada, said: “TAP will complement the new Missing and Murdered Indigenous Persons coordinator in our office, to help increase public safety and reduce violent crime in Tribal communities. We look forward to working with Tribes and law enforcement partners to further implement TAP.”
TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies, including Reno Sparks Indian Colony. The program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System.
This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.
On November 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).
In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.
TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.
TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24x7 help desk.
TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC). TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.
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Tennessee Man Sentenced to 4 Years in Prison for Defrauding Investors in A Pet Food Company and A Purported Caffeinated Snack Company of More Than $2.9 MillionRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JOEL MARGULIES was sentenced to four years in prison today by U.S. District Judge Jed S. Rakoff for participating in two schemes to defraud more than 50 investors in the Starship Snacks Corporation and the All American Pet Company of more than $2.9 million, by making false and fraudulent representations about, among other things, the status of the companies’ products, guarantees that purportedly backed the investments, and the interest of large multi-national corporations in acquiring the companies. MARGULIES was convicted after a seven-day jury trial in August 2019 of various fraud counts, aggravated identity theft, and the illegal transfer of a firearm to an out-of-state resident; he then entered a plea of guilty to participating in a narcotics distribution conspiracy.
U.S. Attorney Geoffrey Berman said: “For years, Joel Margulies took advantage of individuals who thought they were investing in start-up companies, when in fact Margulies and his co-conspirators diverted for their own personal benefit the more than $2.9 million they had raised. Margulies perpetuated lies about the products that companies were developing, the interest of large public corporations in buying out the companies, and the existence of guarantees to back the investments. In order to make these lies more convincing, Margulies stole the identities of three individuals, and created fake letters that appeared to be authored by those individuals. For the financial and emotional devastation his fraud inflicted on more than 50 individuals, Margulies will spend the next four years of his life in prison.”
According to allegations contained in the Indictment filed against MARGULIES, the evidence presented during trial and statements made in related court filings and proceedings:
The All American Pet Company Fraud Scheme
From October 2013 through May 2017, MARGULIES, co-defendant Lisa Bershan, and a co-conspirator raised more than $575,000 in purported loans for the All American Pet Company (“AAPT”), a penny-stock company that produced, marketed, and sold food bars and other products for dogs, based on the following misrepresentations, among others: (a) that the Internal Revenue Service (“IRS”) had accepted an “offer in compromise” from AAPT that significantly reduced the back taxes AAPT owed to the IRS; (b) that Lisa Bershan had paid to the IRS the amount of this offer in compromise and had thus absolved AAPT of its outstanding tax liability, (c) that Lisa Bershan was the beneficial owner of a bank account containing over $6.9 million, (d) that Lisa Bershan would personally guarantee some of the loans, and (e) that Nestlé USA had proposed various business deals with AAPT. MARGULIES held himself out as AAPT’s vice president for marketing and advertising, but in reality he played a number of roles at the company, including communicating with investors and creating fake documents, such as forged bank account statements and letters, to support AAPT’s misrepresentations to investors.
Although MARGULIES and his co-conspirators had promised investors that they would use the loans to help improve AAPT’s manufacturing and distribution capacities, the conspirators instead used those funds largely for their personal expenses, including the rental of a luxury villa in the Bel Air neighborhood of Los Angeles where all three of them lived.
In connection with the AAPT fraud scheme, MARGULIES used the stolen identities of three individuals – an IRS employee, a Nestlé Purina employee, and a Manhattan attorney – to create false and fraudulent letters that were sent to AAPT investors to induce them to make loans to AAPT.
The Starship Snack Corporation Fraud Scheme
From approximately August 2015 through August 2017, MARGULIES, Bershan, and co-defendant Barry Schwartz raised more than $2.3 million from investors in a company originally called the Awake Company and later renamed Starship Snacks Corporation (“Starship”), which purported to be in the business of developing and manufacturing caffeinated snack products, based on the following misrepresentations, among others: (a) that investments in Starship were guaranteed against losses by Bershan; (b) that Starship was going to be acquired by Monster Beverage (“Monster”) in a one-for-one stock exchange; (c) that Starship was engaged in actual product development and had procured samples of chocolate candies infused with caffeine; and (d) that MARGULIES and others at Starship had entered into non-disclosure agreements with Monster that prohibited them from discussing Starship’s purported acquisition by Monster and its purported product development. MARGULIES’s title at Starship was senior vice president; he served as the primary point of contact for investors, to whom he made the aforementioned misrepresentations, and he also created a number of fake documents that were used in connection with the Starship fraud.
After receiving funds from Starship investors, MARGULIES and his co-conspirators used those funds to maintain their own extravagant lifestyles, spending hundreds of thousands of dollars on things like luxury clothing, plastic surgery, interior decorating, the rental of a high-end apartment in New York City, and the down payment for a multimillion-dollar house in Florida.
The Illegal Firearm Transfer and Narcotics Distribution
In addition to the fraud and identity theft conduct set forth above, MARGULIES was sentenced for illegally transferring a firearm and ammunition from Tennessee to Bershan in New York via commercial courier without being a licensed firearms dealer. Finally, MARGULIES was also sentenced for conspiracy to distribute cocaine, a charge that had been severed from the charges that were the subject of the trial.
In addition to the prison term, MARGULIES, 75, was sentenced to three years of supervised release. MARGULIES was also ordered to forfeit $108,983 and to make restitution in the amount of $2,926,702.54.
Lisa Bershan was convicted upon a guilty plea, and sentenced by Judge Rakoff on November 22, 2019, principally to a term of seven years in prison.
Barry Schwartz was convicted upon a guilty plea, and sentenced by Judge Rakoff on December 12, 2019, principally to a term of four years in prison.
Mr. Berman praised the work of the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission for its assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Christine Magdo and Negar Tekeei are in charge of the prosecution.
Teacher's Aide Arrested for Attempting to Have Sex with A Minor ChildRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christian Michael Stutes, 23, of Rochester, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity, and receipt, distribution, and possession of child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in April 2019, an undercover FBI Special Agent (UC) received a message from user “Chris Michael/cmrs113,” who was later identified as the defendant. The message received was “Hey,” “Arent you the guy with kids I was talking with.” The UC responded by stating “Yep,” “You in Rochester, NY.” Stutes responded “Yea” “How old r they.” The UC responded “text me.”
The UC received a text message from the defendant and during the text conversation, Stutes stated he was into young boys, seven to nine years old. The conversation ended with the UC agreeing to allow the defendant to have sexual contact with the UC’s fictitious kids for $200 dollars for each child. Stutes stated he would have to save up the money.
In August of 2019, the defendant contacted the UC again stating that he had enough money now, and was interested in having sexual contact with a young boy. The UC and Stutes agreed to meet on August 30, 2019, with the defendant agreeing to pay $150.00 dollars in exchange for having sex with the UC’s fictitious 9-year-old son. However, later that day, Stutes contacted the UC and stated that he no longer had $150.00 available and he did not attempt to meet the UC.
The UC and the defendant did not have contact again until December 2, 2019, at which time Stutes stated that he had a good paying job and “i can actually afford the deal we talked about with Adam… If that’s still cool.” The UC and the defendant made plans to meet on December 13, 2019, at a predetermined location. When Stutes arrived at approximately 8:30 p.m., he was taken into custody and found to be in possession of $150.00 and a cell phone.
Subsequent investigation determined that Stutes is currently employed as a teacher’s aide at a local child care facility, and was previously employed at various children’s camps.
An initial review of the defendant’s cell phone determined that sent and received numerous images of child pornography on an online messaging application. At least one image portrayed the rape of a toddler.
The defendant made an initial appearance before U.S Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on December 17, 2019.
United States Attorney Kennedy requests that members of the public who have specific information related to this case call the FBI Child Exploitation Task Force at 585-279-0185.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Tax Accountant Sentenced to 42 Months for Scamming Clients in Fraud and Money Laundering SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SALVATORE ARENA was sentenced on December 13 to 42 months in prison for defrauding clients who trusted him to prepare and pay their taxes. ARENA misappropriated over $780,000 of client money from approximately 170 victims for his own use. ARENA pled guilty on August 23, 2019, before United States District Judge Katherine Polk Failla, who imposed Friday’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Salvatore Arena misappropriated money his clients intended would be used to pay their taxes. He defrauded his clients and the United States, and now he has been sentenced to prison for his crimes.”
According to allegations in the criminal complaint, the information, and other documents filed in federal court, as well as statements made in public court proceedings:
During the relevant time period, ARENA purported to offer tax services, including the preparation and payment of taxes, to clients of an accounting firm in Manhattan. Instead of making payments on behalf of those clients, as ARENA represented he would, he diverted client funds for his own use. ARENA executed this fraudulent scheme in two primary ways – first, by diverting pre-payments of taxes to his own tax account and later claiming illegitimate refunds; and second, by misappropriating tax payments clients had wired into a bank account controlled by ARENA.
ARENA defrauded approximately 170 victims during the period from January 2014 through March 2019, and agreed as part of his guilty plea to forfeit $789,195.35 in United States currency, representing proceeds traceable to the charged offenses, and was ordered by the Court to pay restitution of at least $726,608.42.
* * *
ARENA, 46, of Queens, New York, was sentenced to concurrent terms of 42 months in prison for mail fraud, money laundering, and wire fraud. In addition to the prison term, ARENA was also sentenced to three years of supervised release.
Mr. Berman praised the outstanding investigative work of Special Agents from TIGTA, Criminal Investigators from the NYSDTF, and Special Agents from the U.S. Attorney’s Office for the Southern District of New York.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Jarrod L. Schaeffer is in charge of the prosecution.
Thirty Tribes Selected for Expansion of Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
BILLINGS – The Department of Justice has selected an additional 30 Indian tribes, including the Chippewa Cree Tribe in Montana, to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes.
“The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions. The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”
Montana U.S. Attorney Kurt Alme said, “We are pleased that the Chippewa Cree Tribe on the Rocky Boy’s Reservation has been selected for expansion of the Tribal Access Program. The program will allow the Chippewa Cree Tribal Police and other tribal departments to enter information about missing persons into the national missing persons database, enter updates about each person and learn of updates from law enforcement across the country.”
“This will be a big step toward ensuring that missing persons, particularly Chippewa Cree women and children, are found, and that the Tribe has the most up to date information about missing members,” said Alme, who also is vice chair of the Attorney General’s Native American Issues Subcommittee.
“This Chippewa Cree Tribe is very grateful and appreciative to have been selected to receive TAP. It will allow us to enhance our work and services without delay to better protect and provide our community members, first responders and other tribal entities with critical information,” said Harlan Baker, chairman of the Chippewa Cree Business Committee.
TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies, including the Blackfeet, Fort Peck, Crow and Northern Cheyenne tribes in the District of Montana. The program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System.
This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.
On November 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).
In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.
TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.
TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24x7 help desk.
TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC). TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.
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Stockton Man Sentenced to More Than 12 Years in Prison for Drug Distribution Conspiracies and Possessing A Machine GunRead the Press Release
OAKLAND – Joel Salcedo was sentenced to 151 months in prison for drug and gun charges, announced United States Attorney David L. Anderson and Drug Enforcement Administration (DEA) Acting Special Agent in Charge William C. Fallin. The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.
The sentencing follows a May 2019 trial in which Salcedo, 37, of Stockton, was found guilty by a federal jury of participating in two overlapping drug conspiracies – to manufacture and distribute 100 or more marijuana plants, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(B) (Count One), and to distribute or possess with the intent to distribute 100 grams or more of heroin, and 500 grams or more of a mixture and substance containing methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A) (Count Two). The drug conspiracy charges carried mandatory minimum sentences of five years and ten years, respectively. Salcedo was also convicted of possession and transfer of a machine gun, in violation of 18 U.S.C. § 922(o) (Count Three).
Evidence at trial showed that Salcedo was a supplier of marijuana, methamphetamine, and heroin to a drug distribution organization headed by co-defendant Oscar Escalante. During a wiretap on Escalante’s phones in 2016, agents intercepted a series of calls that indicated Escalante ordered and Salcedo agreed to supply, one kilogram of heroin and two pounds of methamphetamine. Pole camera footage and physical surveillance demonstrated Salcedo delivered the drugs to Escalante on May 16, 2016. In addition, other evidence proved that Salcedo operated an outdoor marijuana grow at his residence in Stockton, CA. Salcedo also attempted to diagnose why Escalante’s full-auto Glock pistol was not working properly, by having an associate film him (Salcedo) while he repeatedly fired the gun in his backyard.
Salcedo was originally charged by criminal complaint on August 17, 2016. He and twenty-one other defendants were later charged in a Superseding Indictment, which alleged broad, overlapping drug conspiracies, money laundering, and various firearms offenses. Twenty defendants pleaded guilty, and one defendant remains a fugitive. Salcedo was the only defendant to go to trial. The following are examples of substantial sentences imposed in this case to date:
Defendant
Age
Charges
Sentence of Imprisonment
Oscar Escalante
43
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy; 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)—Heroin and Methamphetamine Trafficking Conspiracy; 18 U.S.C. § 924(c) – Possession of a Firearm in Furtherance of Drug Trafficking; 18 U.S.C. § 1956(h) – Money Laundering Conspiracy
235 months
Michael Vicochea
26
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy; 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)—Heroin and Methamphetamine Trafficking Conspiracy; 18 U.S.C. § 924(c) – Possession of a Firearm in Furtherance of Drug Trafficking; 18 U.S.C. § 1956(h) – Money Laundering Conspiracy
180 months
David Vigil
46
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy; 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A) – Heroin and Methamphetamine Trafficking Conspiracy
121 months
Christian Vanleer
26
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B)—Heroin and Methamphetamine Trafficking Conspiracy; 18 U.S.C. § 924(c) – Possession of a Firearm in Furtherance of Drug Trafficking
120 months
Phillip Jiunti
43
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy; supervised release violation in separate 18 U.S.C. § 922(g)(1) – Felon in Possession of Firearm case
70 months
Daniel Medina
25
21 U.S.C. §§ 841(a)(1), (b)(1)(C) – Distribution of Heroin; 18 U.S.C. § 924(c) – Possession of a Firearm in Furtherance of Drug Trafficking
66 months
Oswaldo Escalante
46
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy; 18 U.S.C. § 1956(h) – Money Laundering Conspiracy
65 months
Christopher Mir
26
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(C) – Marijuana Trafficking Conspiracy; 18 U.S.C. § 924(c) – Possession of a Firearm in Furtherance of Drug Trafficking
60 months, 1 day
Ignacio Gonzalez
31
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(C) – Marijuana Trafficking Conspiracy; 18 U.S.C. § 924(c) – Possession of a Firearm in Furtherance of Drug Trafficking
60 months, 1 day
Jorge Gomez
39
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy
60 months
Adan Gonzalez
47
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Marijuana Trafficking Conspiracy
60 months
Assistant U.S. Attorneys Frank Riebli and Katherine Wawrzyniak are prosecuting the case with the assistance of Patricia Mahoney and Hector Lopez. The prosecution is the result of an investigation by the DEA. This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Statement by Attorney General William P. Barr on the Departure of Principal Associate Deputy Attorney General Edward O'CallaghanRead the Press Release
Attorney General William P. Barr issued the following statement:
“Ed is one of the most highly regarded lawyers at the Department of Justice. His dedication and tireless commitment to the work of the Department is second to none. Ed possesses a rare combination of sharp intellect, common sense, and sound judgment – traits that served him well from his time as a prosecutor in the Southern District of New York to his service at the highest levels of the Department, including as Acting Deputy Attorney General. We were lucky to have him at the heart of the leadership team at DOJ. He will be greatly missed.”
Spirit Lake Man Sentenced to 10 Years in Federal Prison for Assault Resulting in Serious Bodily Injury of a ChildRead the Press Release
Fargo – Today in U.S. District Court, Chief Judge Peter D. Welte sentenced Jonathan James Hill, age 23, to 10 years in federal prison for the offense of Assault Resulting in Serious Bodily Injury. Defendant Hill is an enrolled member of the Spirit Lake Sioux Tribe and the Sisseton Wahpeton Sioux Tribe. Upon completion of his prison sentence, Hill will be placed on five years of supervised release with a number of conditions including that he have no contact with children under the age of 18 without express permission of his supervising agent. Hill will also be required to pay restitution.
The investigation in this case began on January 1, 2019, when emergency medical technicians responded to a residence in Fort Totten, ND, within the boundaries of the Spirit Lake Reservation, for a report of an unresponsive baby. Medical providers described the 20-month-old baby as “noticeably bruised to face & entire body.” The baby was diagnosed with multiple acute and chronic injuries to the brain and body. Medical providers believed the injuries to be “non-accidental” and were later determined to be consistent with abusive head trauma and child physical abuse. The baby’s injuries required air transport for medical treatment, surgical intervention, and months-long hospitalization.
“The Department of Justice has a special trust responsibility for Native American land and people,” said United States Attorney Drew Wrigley, “and we view that trust as particularly sacred when we are called upon to seek justice on behalf of children.”
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, and prosecuted by Assistant United States Attorney Lori H. Conroy.
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South Bend, Indiana Man Sentenced to 34 Years in PrisonRead the Press Release
SOUTH BEND - Brandon Edelman, age 33, of South Bend, Indiana was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for armed drug trafficking, announced U.S. Attorney Kirsch.
Mr. Edelman was sentenced to 408 months in prison followed by 3 years of supervised release.
Mr. Edelman was initially indicted in June of 2018 for possession of methamphetamine with intent to distribute, armed drug trafficking, and felon in possession of a firearm. On February 7, 2019, a jury returned guilty verdicts on all three counts following a two-day trial.
“A sentence of 34 years should send a strong message to others who wish to engage in similar criminal activities,” said U.S. Attorney Kirsch. “The propensity for violence increases when narcotics are involved. Edleman further endangered lives by evading law enforcement with a high speed chase and having his passenger throw a loaded firearm out a window during that chase. These violent acts will not be tolerated. My Office and our law enforcement partners will continue to investigate and prosecute dangerous individuals like Mr. Edleman.”
According to documents in this case, in April of 2018, South Bend Police observed Mr. Edelman driving a stolen truck. When police attempted to investigate, Mr. Edelman drove off at an extremely high speed. The vehicle pursuit lasted approximately 13 minutes, ending only when the vehicle was disabled; Mr. Edelman then ran from police. Mr. Edelman subsequently admitted to having his accomplice, during the vehicle pursuit, throw $20,000 cash, a loaded handgun, and ¼ pound of methamphetamine out the window as those items were incriminating. Police were able to recover the handgun. Mr. Edelman had previously been convicted of five felonies and eight misdemeanor offenses. He was on probation when he committed the April 2018 federal crimes.
This was investigated by the Drug Enforcement Agency with the assistance of the South Bend Police Department. The case was handled by Assistant U.S. Attorney Joel Gabrielse.
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Smuggler learns fate for transporting Chinese nationalsRead the Press Release
CORPUS CHRISTI, Texas – A 50-year-old legal permanent resident from Donna has been ordered to federal prison following his conviction for knowingly and intentionally conspiring to unlawfully transporting undocumented illegal aliens, announced U.S. Attorney Ryan K. Patrick.
The jury deliberated for approximately one hour before convicting Federico Espinosa-Flores following a two-day trial Sept. 11.
Today, U.S. District Judge John Rainey ordered him to prison for 21 months to be immediately followed by one year of supervised release. In handing down the sentence, the court noted the overwhelming amount of evidence against the defendant.
On Dec. 21, 2018, at approximately 7:40 a.m., Espinosa-Flores entered the primary inspection lane of the Border Patrol (BP) checkpoint in Sarita driving a white Ford cargo van disguised as an adult daycare business. At that time, authorities noticed him exhibiting signs of nervousness, such as avoiding eye contact and having trembling hands. He consented to a vehicle search which resulted in the discovery of 10 undocumented aliens in the rear cargo area of the vehicle. Six were Chinese nationals and two others were from Mexico and Colombia.
During trial, the defense attempted to convince the jury that authorities coached Espinosa-Flores on what to say in his recorded and detailed confession. They did not believe those claims and found him guilty as charged.
Espinosa-Flores will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Neel Kapur and Lance Watt are prosecuting the case.
Siemens Contract Employee Gets Jail Time for Intentionally Damaging ComputersRead the Press Release
PITTSBURGH - A contract employee for Siemens Corporation at the Monroeville, PA location has been sentenced in federal court to a six-month term of imprisonment to be followed by a two-year term of supervised release, and a fine of $7,500 on his conviction of intentional damage to a protected computer, United States Attorney Scott W. Brady announced today.
United States District Judge William S. Stickman imposed the sentence on David Tinley, 62, of Harrison City, PA.
According to information presented to the court, from in and around 2014 and continuing until on or about May 13, 2016, Tinley intentionally inserted logic bombs into computer programs that he designed for Siemens Corporation. The logic bombs ensured that the programs would malfunction after the expiration of a certain date. As a result, Siemens was unaware of the cause of the malfunction and required Tinley to fix these malfunctions.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Tinley.
Seth DuCharme Appointed as Principal Associate Deputy Attorney GeneralRead the Press Release
Deputy Attorney General Jeffrey A. Rosen issued the following statement on the appointment of Seth DuCharme as Principal Associate Deputy Attorney General, effective December 23, 2019:
“Seth is a dedicated public servant and long-time career prosecutor of the highest caliber. From his time as Chief of the Criminal Division in the Eastern District of New York to most recently serving with distinction as Counselor to the Attorney General for criminal and national security matters, Seth’s sharp intellect, quick thinking, and excellent judgment have greatly benefitted all who have worked with him. His deep experience in areas ranging from narcotics trafficking and cybercrime to terrorism and public corruption will be an asset to the Office of the Deputy Attorney General. I look forward to Seth serving by my side at the Department of Justice.”
Rochester Nail Salon Owner Sentenced for Defrauding the SNAP ProgramRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hang T. Lam, 46, of Rochester, NY, who was convicted of unauthorized use, transfer, acquisition, and possession of USDA food stamp benefits, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve three years’ probation and ordered to pay restitution totaling $26,631.00.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in April 2018, the Monroe County Department of Social Services (DSS) developed information that Young’s Nails, which is owned and operated by the defendant, was trafficking in Supplemental Nutrition Assistance Program (SNAP)/food stamp benefits for cash, nail services, and other non-food items. Young’s Nails does not sell food and is not authorized to accept SNAP benefits.
Between April 19, 2018, and October 1, 2018, the U.S. Department of Agriculture, Office of Inspector General conducted five undercover transactions at Young’s Nails using a SNAP Electronic Benefits (SNAP EBT) card. Purchases included nail services such as manicures and pedicures, cigarettes, jewelry, and cash. Lam charged double the cost when a SNAP EBT card was used.When the undercover purchases were made, the defendant used the Tanhong Du Supermarket on N. Clinton Avenue in Rochester, Ocean Garden Oriental Foods Inc. on S. Clinton Avenue in Rochester, and the Asia Food Market on Brighton-Henrietta Town Line Road to process the undercover transactions. All three stores are approved to participate in the SNAP program.
On November 7, 2018, a search warrant was executed at Young’s Nails. Law enforcement officers seized SNAP EBT cards, dozens of handwritten notes containing four digit PIN numbers and various cash amounts, and SNAP EBT receipts from the Asia Food Market and other SNAP authorized stores. As a result, officers identified and interviewed SNAP clients involved in SNAP fraud with Lam at Young’s Nails. Eight of these individuals reported that they exchanged SNAP benefits for cash and nail services.
To date, approximately $26,000 dollars in fraudulent SNAP transactions executed by Lam have been identified.
The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale; and the New York State Office of Inspector General, under the direction of Inspector General Letizia Tagliafierro.
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Rochester Man Sentenced to 90 Months for Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – Derek Rand, 31, of Rochester, was sentenced to 90 months in federal prison for participating in a fentanyl trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, between late 2017 and December 18, 2018, the Drug Enforcement Administration (DEA) and the New Hampshire State Police conducted an investigation of drug trafficking by Rand, who used runners to obtain fentanyl in Massachusetts and bring it to New Hampshire for distribution. During the investigation, over one kilogram of fentanyl was seized from members of Rand’s drug trafficking organization.
Rand previously pleaded guilty on August 29, 2019.
“Despite its deadly impact on our citizens, greedy drug traffickers continue to seek profit from the sale of fentanyl,” said U.S. Attorney Murray. “We will not tolerate fentanyl trafficking in New Hampshire. To fight this menace, we work closely each day with our law enforcement partners to identify, arrest, and incarcerate those who are responsible for bringing this deadly substance into the Granite State.”
“Fentanyl distribution is destroying people’s lives and wreaking havoc in our communities,” said DEA Special Agent in Charge Brian D. Boyle. “DEA and our law enforcement partners will aggressively pursue and bring to justice individuals like Mr. Rand that distribute this poison.”
This matter was investigated by the United States Drug Enforcement Administration’s Tactical Diversion Squad in Portsmouth, New Hampshire, the New Hampshire State Police and the Dover, New Hampshire Police Department. The case was prosecuted by Assistant U.S. Attorney Jennifer Davis.
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Rochester Man Sentenced for Role in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pablo Rentas-Torres, 36, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, fentanyl, cocaine, and crack cocaine was sentenced to serve 27 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that Rentas-Torres was a member of a drug trafficking organization led by co-defendant Jose Casado. Between December 2017 and May 15, 2019, the organization distributed large quantities of fentanyl, cocaine and crack cocaine out of drug houses located on Clifford Avenue and Treyer Street in Rochester.
Casado would obtain bulk quantities of fentanyl, heroin and crack cocaine, which he and others would “bag-up” or package for sale to individual drug users. Drug users would contact Casado directly via cellular phone to order quantities of drugs and Casado, in turn, would routinely direct other members of the conspiracy, including the defendant, to obtain drugs from the organization’s drug stash and to deliver it to the customer at a pre-arranged location. The drug runners then met with the customer and provided the drugs in exchange for cash. Casado or another member of the organization would collect the proceeds of the drugs sales from the drug runners periodically throughout the day. On February 12, 2019, defendant Rentas-Torres sold 79 baggies of fentanyl and 81 baggies of cocaine in exchange for $600, on behalf of the drug trafficking organization.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Rochester Man Sentenced for Drug TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Darryl Mickle, 35, of Rochester, NY, who was convicted of possession with intent to distribute cocaine base, was sentenced to serve 57 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that the defendant was apprehended by Rochester Police Officers on January 16, 2019, as they responded to the area of 295 Central Park for the report of a menacing incident. Officers encountered Mickle at the scene and ordered him to exit his vehicle. Upon further investigation, officers observed marijuana in the defendant’s vehicle, and after a further search, located 42 baggies of powder cocaine, 44 baggies of crack cocaine, 47 baggies of marijuana, and a loaded .32 caliber semi-automatic pistol. $4,198 was also recovered from the vehicle and Mickle.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Reynoldsville Man Pleads Guilty to Possession of Child PornographyRead the Press Release
PITTSBURGH, PA- A resident of Jefferson County pleaded guilty in federal court to charges of possession of child pornography, United States Attorney Scott W. Brady announced today.
Matthew James Kite, 23, of Reynoldsville, Pennsylvania, pleaded guilty to two counts before United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that on October 26, 2017, and on April 18, 2018, Kite possessed more than 600 images depicting the sexual exploitation of minors, including children under the age of 12, as well as infants and toddlers. On October 26, 2017, during the first federal search warrant executed at Kite’s home, law enforcement seized multiple electronic devices containing child pornography. In a voluntary interview with law enforcement, Kite admitted to viewing and downloading child pornography. Five months later, in April 2018, a second federal search warrant was executed at Kite’s home. Kite admitted to viewing and downloading child pornography on an additional phone and additional laptop. In addition to the guilty plea to possession of child pornography, Kite accepted responsibility for one count of receipt of material depicting the sexual exploitation of a minor.
Judge Ambrose scheduled sentencing for April 21, 2020, at 10:00 a.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Kite remains on bond pending the sentencing hearing.
Assistant United States Attorney Christy C. Wiegand is prosecuting this case on behalf of the government.
The Department of Homeland Security conducted the investigation that led to the prosecution of Kite. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Plainfield Man Sentenced to 120 MonthsRead the Press Release
FORT WAYNE – Justin B. Nelson, age 26, of Plainfield, Indiana was sentenced before U.S. District Court Judge Damon R. Leichty for possession with intent to distribute fifty grams or more of methamphetamine, announced U.S. Attorney Kirsch.
Nelson was sentenced to 120 months in prison followed by 5 years of supervised release.
According to documents in this case, on the evening of February 27, 2019, Indiana State Police conducted a traffic stop of a vehicle driven by Nelson in Fort Wayne, Indiana. A police canine alerted to the presence of the odor of narcotics in the vehicle, and the vehicle was searched. Inside, officers located a safe which contained 79.6 grams of crystal methamphetamine and 23.4 grams of psilocybin (hallucinogenic) mushrooms. Nelson admitted to dealing methamphetamine prior to the traffic stop and admitted that he had intended to distribute more of the methamphetamine that night.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police and the Allen County Sheriff’s Department. The case was handled by Assistant United States Attorney Sarah E. Nokes.
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Pittsburgh Man Pleads Guilty in Wiretap Investigation of Drug Trafficking in Pittsburgh’s West EndRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, pleaded guilty in federal court to a violation of federal drug laws, United States Attorney Scott W. Brady announced today.
Allen Green, age 40, of pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Allen Green conspired to distribute 500 grams or more of powder cocaine.
Judge Schwab scheduled sentencing for May 19, 2020, at 10:00 a.m. The law provides for a total sentence of not less than 10 years to life in prison, a fine of $8,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Allen Green.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Pittsburgh Man Attempted to Coerce a Minor to Have SexRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of attempted coercion and enticement of a minor to engage in illegal sexual activity, United States Attorney Scott W. Brady announced today.
Joseph Hamilton, age 38, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that from March 11, 2019 until on or about April 18, 2019, the defendant used a facility or means of interstate commerce, specifically the Internet and over a cellular phone network, to communicate with an undercover agent, believing the agent to be a minor, to knowingly attempt to persuade, induce, entice and coerce the purported minor to engage in sexual activity with him. In his messages with the undercover agent, the defendant detailed the sexual activity that he wanted to engage in with the purported minor. The defendant told the purported minor to delete their messages so that the purported minor’s mother would not find them. On April 18, 2019, the defendant made plans to meet with the undercover agent posing as a minor. The plan was for the defendant to pick the minor up at an agreed upon location in his vehicle and then they would go to the defendant’s residence to engage in sexual activity. Law enforcement arrested the defendant when he arrived to meet the purported minor.
Judge Bissoon scheduled sentencing for April 7, 2020 at 2:15 p.m. The law provides for a total sentence of up to life in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Hamilton.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Philadelphia Man Pleads Guilty to Armed Robbery and Other ChargesRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Gerald Griffith, also known as “Jerry Porecca,” 47, of Philadelphia, Pennsylvania, entered a plea of guilty before United States District Court Judge Nitza I. Quinones Alejandro, to two counts of bank robbery, two counts of armed bank robbery, and four counts of Hobbs Act robbery arising from his unrelenting crime spree between July and December 2018. He was charged by Indictment in April 2019.
For a period of about six months, the defendant robbed or attempted to rob four separate banks—two while brandishing what appeared to be a gun—as well as a Shop Rite supermarket, a Wawa convenience store, a Sonoco A-Plus gas station, and a Dollar General retail store, all in Northeast Philadelphia.
Griffith’s series of robberies began on July 9, 2018, when he attempted to rob the BB&T Bank at 6633 Roosevelt Boulevard by threatening to blow up the bank, and then approximately ten minutes later robbed the Firstrust Bank at 9303 Krewstown Road, again by verbal threat. About one month later, Griffith moved on to armed bank robbery, holding up the Fishtown-area BB&T Bank at 2330 East York Street on August 21, and then the BB&T Bank located at 2601 Orthodox Street the very next day. At these last two bank robberies, Griffith brandished what the bank tellers described as a long, shiny silver handgun, threatening them not to press “any buttons” and demanding that they give him “hundreds.”
In addition, Griffith robbed the Shop Rite at 6301 Oxford Avenue earlier that summer, and between December 5 and December 8, he robbed the Wawa at 3200 Richmond Street, and then attempted to rob the Sonoco-A-Plus at 3200 Richmond Street and the Dollar General at 3501 Cedar Street.
“The complete disregard that Griffith displayed for the safety of others over such a sustained period of time is appalling,” said First Assistant U.S. Attorney Williams. “He terrorized this neighborhood for months, affecting dozens of people who are now living with the repercussions of having been targeted by him. The employees of these banks and stores were simply doing their jobs when the defendant threatened them with violence and then an actual weapon. The streets of Philadelphia are safer now that Griffith has been convicted and is facing significant prison time.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Matthew Newcomer and Sara Solow.
Owners of South Bay Business Convicted of Visa Fraud Conspiracy and Related CrimesRead the Press Release
SAN JOSE – A federal jury convicted Jennifer Yang and her business partner Daniel Wu of conspiracy to defraud the United States and a number of related crimes in connection with a scheme to fraudulently obtain immigration benefits through the government’s “EB-5” visa program, announced United States Attorney David L. Anderson; U.S. Department of State, Diplomatic Security Service, San Francisco Field Office Special Agent in Charge Matthew Perlman; and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. The verdict was handed down today following a five-week trial before the Honorable Lucy H. Koh, U.S. District Judge.
The jury found that Yang, 52, of Palo Alto, and Wu, 56, of Las Vegas, submitted to the government fraudulent documents that claimed applicants were creating new commercial enterprises when, in fact, the documents contained information about fake jobs and bogus investments.
“The EB-5 program allows qualified foreign investors to become earnest stakeholders in local U.S. economies,” said U.S. Attorney Anderson. “In this case, the defendants subverted the EB-5 program by submitting fraudulent documents to make it falsely appear that investments were made and jobs were created. Schemes like this are cynical, sad, and economically destructive.”
“The Diplomatic Security Service (DSS) is pleased with this successful prosecution. These hard-fought convictions send a clear message that criminals who attempt to exploit the U.S. visa process for illegal profit will be punished,” said SAC Matthew Perlman of the DSS San Francisco Field Office. “DSS, alongside our federal partners, is committed to rooting-out and prosecuting criminal enterprises involving U.S. travel documents.”
“Fraudulent schemes like these threaten our National Security and public safety,” said Tatum King, special agent in charge, San Francisco, Homeland Security Investigations. “They also have substantial impacts on the victims of these callous crimes. HSI special agents work diligently to not only protect National Security interests, but also the victims of fraud.”
Evidence at trial showed that Yang, a lawyer and licensed member of Bar of the District of Columbia, held herself out as a legal specialist for persons interested in applying for EB-5 visa benefits. Between 2007 and 2016, the defendants filed EB-5 visa petitions for at least seven foreign investors who supplied Yang and Wu with at least four-million dollars for the stated purpose of investment into a commercial enterprise. Instead of making legitimate investments that created real jobs, the evidence at trial showed that the defendants created and submitted fraudulent records to deceive the government into issuing benefits on the basis of fake employees. In at least some cases, the information about the bogus employees was created using the personal identifying information of third-parties, without the third-party individuals’ knowledge.
In addition, the evidence at trial showed that the defendants created documents that misstated the true manner in which the investment monies were used, which in some cases was not for the new enterprises, but instead for the personal benefit of defendants. In this way, evidence at trial demonstrated that the defendants obtained benefits for clients based on jobs and businesses that did not, in fact, exist. The trial evidence further demonstrated that the defendants used funds fraudulently obtained through the scheme for personal expenditures, such as the purchase of cars, stays in luxury hotels, and to pay college tuition for a family member.
A federal grand jury indicted Yang and Wu on October 19, 2017, charging both with one count of conspiracy to defraud the United States and to commit visa fraud, mail fraud, and aggravated identity theft, all in violation of 18 U.S.C. § 371; three counts of visa fraud, in violation of 18 U.S.C. § 1546(a); two counts of mail fraud, in violation of 18 U.S.C. § 1341; and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. In addition, Yang was charged with two counts of money laundering, in violation of 18 U.S.C. § 1957. The jury convicted both Yang and Wu of the conspiracy count. The jury also convicted Yang of two counts of visa fraud, one count of mail fraud, and one count of aggravated identity theft. The jury convicted Wu of two counts of visa fraud, one count of mail fraud, and one count of aggravated identity theft.
Judge Koh ordered each of the defendants released on a $500,000 bond, pending sentencing. Judge Koh scheduled the defendants’ sentencing hearing for April 29, 2020.
The defendants face maximum statutory penalties for each count of conviction as follows:
DEFENDANT
STATUTE
CHARGE
MAXIMUM PENALTY
Yang and Wu
18 U.S.C. § 371
Conspiracy to Commit Visa Fraud, Mail Fraud, Aggravated Identity Theft, and to Defraud the United States
Maximum term of imprisonment: 5 years
Maximum fine: $250,000
Maximum term of supervised release: 3 years
Restitution
Forfeiture
Yang and Wu
18 U.S.C. § 1546(a)
Visa Fraud
Maximum term of imprisonment: 10 years
Maximum fine: $250,000
Maximum term of supervised release: 3 years
Restitution
Forfeiture
Yang and Wu
18 U.S.C. § 1341
Mail Fraud
Maximum term of imprisonment: 20 years
Maximum fine: $250,000 Maximum term of supervised release: 3 years
Restitution
Forfeiture
Yang and Wu
18 U.S.C. § 1028A
Aggravated Identity Theft
Maximum term of imprisonment: 2 years (to run consecutive to any other underlying felony)
Maximum fine: $250,000
Maximum term of supervised release: 3 years
However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Patrick Delahunty and John Bostic are prosecuting the case with the assistance of Lakisha Holliman, Mimi Lam, Susan Kreider, and Tong Zhang. The prosecution is the result of an investigation by the United States Department of State, Diplomatic Security Service, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Citizenship and Immigration Services Fraud Detection and National Security Office.
Omaha Man Sentenced to Prison for Travel with Intent to Engage in Sex with a MinorRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on December 11, 2019, John Daniel Nielsen, Sr., age 40, of Omaha, was sentenced by United States District Court Senior Judge James E. Gritzner for travel with intent to engage in illicit sexual conduct. Nielsen was sentenced to three years in prison, to be followed by a term of supervised release of five years.
In February 2019, Nielsen arranged a meeting at a Council Bluffs motel with a person that Nielsen thought was a fifteen year-old female, but was actually an undercover police officer, for the purpose of having a sexual encounter. Nielsen traveled from Omaha, Nebraska to Council Bluffs, Iowa and was arrested when he arrived at the motel.
This case was investigated by the Federal Bureau of Investigation, Omaha Police Department, Council Bluffs Police Department, Mills County Sheriff’s Office, Douglas County Sheriff’s Office, Lincoln (Neb.) Police Department, Iowa State Patrol, Iowa Division of Criminal Investigation, and Pottawattamie County Sheriff’s Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Ohio Woman Sentenced to Time Served for Check SchemeRead the Press Release
PITTSBURGH, PA – A resident of Ohio has been sentenced in federal court to time served, three years supervised release, 180 days of home detention, and restitution in the amount of $24,244.00 on a charge of conspiracy, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Kadijha D. Starks, 25, formerly of Columbus, Ohio.
According to the information presented to the court, beginning in and around September, 2014, and continuing thereafter until in and around October, 2017, Starks and conspirators used false identification cards to negotiate counterfeit checks at casinos including the River’s Casino in Pittsburgh in December, 2015.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
The U.S. Attorney commended the Department of Homeland Security Investigations and the Pennsylvania State Police for the investigation leading to the successful prosecution of Kadijha D. Starks.
Ohio County man sentenced for methamphetamine chargesRead the Press Release
WHEELING, WEST VIRGINIA – Justin R. Beaver, of Moundsville, West Virginia, was sentenced today to 105 months incarceration for distributing methamphetamine, U.S. Attorney Bill Powell announced.
Beaver, age 27, pled guilty to four counts of “Distribution of Methamphetamine” in August 2019. Beaver admitted to distributing methamphetamine in Marshall County in November 2018.
Assistant U.S. Attorney Robert H. McWilliams, Jr., prosecuted the case on behalf of the government. The Marshall County Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
New Orleans Man Pleads Guilty in Credit Card Fraud ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that ANTOINE NARCISSE, age 24, a resident of New Orleans, pleaded guilty on December 12, 2019 before U.S. District Judge Barry W. Ashe to conspiracy to commit access device fraud.
According to court documents, NARCISSE and the other defendants engaged in a scheme to obtain merchandise and cash from stores through fraud. The defendants obtained stolen credit and debit card information, encoded it onto cards, and then used that information to purchase items at stores. The defendants would then return the items at a different store of the same chain, but they would deceive store workers in order to have the chargeback credited to their own own bank accounts. Court documents also detail how NARCISSE took flights with two other co-conspirators to perform fraudulent credit card transactions in various cities in the United States, including Portland, Oregon; Milwaukee, Wisconsin; and Cincinnati, Ohio. NARCISSE was also arrested in Minnetonka, Minnesota, and Franklin, Tennessee, while committing credit card fraud.
NARCISSE pleaded guilty to conspiracy to commit access device fraud, for which he faces a maximum penalty of five years of imprisonment and a fine of up to $250,000.00, or twice the gross gain or gross loss caused by this scheme. Sentencing is set for March 5, 2020, before Judge Ashe.
U.S. Attorney Strasser praised the agencies that contributed to this conviction, which represents a coordinated effort of federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, U.S. Postal Inspection Service, Louisiana Attorney General’s Office, Jefferson Parish Sheriff’s Office, New Orleans Police Department, Covington Police Department, Hammond Police Department, Kenner Police Department, Louisiana State Police, Mandeville Police Department, Slidell Police Department, St. Bernard Parish Sheriff’s Office, St. John The Baptist Sheriff’s Office, St. Tammany Parish Sheriff’s Office, Tangipahoa Parish Sheriff’s Office, St. Tammany Parish District Attorney’s Office, Homeland Security Investigations, U.S. State Department, Internal Revenue Service, Social Security Administration-Office of Inspector General, and the Defense Criminal Investigative Service. U.S. Attorney Strasser also thanked the Franklin (TN) Police Department, the Mobile Police Department, the Gulfport Police Department, the Minnetonka (MN) Police Department, the Jefferson Parish District Attorney’s Office, and the Orleans Parish District Attorney’s Office for their assistance. Assistant United States Attorneys Matthew R. Payne and K. Paige O’Hale are in charge of the prosecution.
New Jersey Man Sentenced to Five Years in Prison for Interstate Cocaine TraffickingRead the Press Release
CONCORD - Shariff Britton, 36, of Jersey City, New Jersey, was sentenced to 60 months in federal prison for possessing over 500 grams of cocaine with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on February 15, 2018, a New Hampshire State Police trooper patrolling I-95 stopped Britton for driving violations. During a later consensual search, the trooper located a backpack containing 1015 grams of cocaine. Britton was placed under arrest. After his arrest, Britton admitted that he was transporting the cocaine from New Jersey to Maine.
Britton previously pleaded guilty on September 5, 2019.
“Interstate drug traffickers are causing substantial damage to communities throughout Northern New England,” said U.S. Attorney Murray. “Thanks to good police work, this drug trafficker is behind bars. This five-year prison term should serve as a warning to those who seek to profit from this dangerous trade. We will continue to work closely with our partners at New Hampshire State Police to identify and prosecute the drug traffickers who are bringing dangerous drugs into New Hampshire and Maine.”
This matter was investigated by the New Hampshire State Police. The case was prosecuted by Assistant U.S. Attorney Cam Le.
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New Haven Man Sentenced to 6 Years in Federal Prison for Trafficking Heroin, Violating Supervised ReleaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERTO ANTHONY TORRES, also known as “Toni,” 52, of New Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 72 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, an investigation headed by the Drug Enforcement Administration New Haven Task Force and New Haven Police Department revealed that Malbin Rubiera-Herrera, also known as “Chaca,” acquired heroin and cocaine from sources in Connecticut and New Jersey and distributed the drugs through a network of associates, including Torres, in the greater New Haven area. Between October and December 2018, investigators made controlled purchases of heroin and cocaine from Rubiera-Herrera. Subsequent court-authorized wiretaps revealed a widespread narcotics trafficking conspiracy that involved the trafficking of kilogram-quantities of heroin into Connecticut.
Between January and April 2019, Torres was intercepted numerous times on recorded calls ordering distribution quantities of heroin from Rubiera-Herrera. After one call, investigators observed Rubiera-Herrera and Torres completing the transaction at Torres’ New Haven residence.
On June 5, 2019, a grand jury returned a superseding indictment charging Torres, Rubiera-Herrera and 12 other individuals with heroin, cocaine and fentanyl trafficking offenses.
Torres has been detained since his arrest on June 10. On September 24, he pleaded guilty to one count of conspiracy to distribute, and to possess with the intent to distribute, 100 grams or more of heroin.
A search of Rubiera-Herrera’s residence at the time of arrest on April 30, 2019, revealed approximately 300 grams of fentanyl. He pleaded guilty on June 20.
In July 2016, Torres was sentenced in Bridgeport federal court to 24 months of imprisonment, followed by three years of supervised release, for distributing heroin. He was released from prison in April 2017.
Judge Meyer sentenced Torres to 48 months of imprisonment for distributing heroin, and a consecutive 24 months of imprisonment for violating the conditions of his supervised release.
This matter is being investigated by the DEA New Haven Task Force and the New Haven Police Department, with the assistance of the Federal Bureau of Investigation, Department of Homeland Security, U.S. Marshals Service, Connecticut State Police, Connecticut Department of Correction, East Haven Police Department, Easton Police Department, Orange Police Department, and the Cape May County (N.J.) Prosecutor’s Office, Gangs, Guns and Narcotics Task Force.
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.
This case is being prosecuted by Assistant U.S. Attorneys Jocelyn Courtney Kaoutzanis and S. Dave Vatti.
Mid-South Man Identified through Sexual Assault Kit Testing Gets Multiple Life Sentences for Kidnapping and Rape of Six Women over Seven YearsRead the Press Release
Memphis, TN – Michael Love, 46, a Horn Lake, MS resident, has been sentenced to life in federal prison after having been found guilty of kidnapping and sexually assaulting six women in Memphis and attempting to kidnap and rape a seventh between 2008 and 2015.
According to evidence presented at a jury trial in May 2019, during a seven-year period, Love traveled from Mississippi to Tennessee to find or meet a woman, hold her against her will, engage in forced sexual intercourse, and abandon her in a deserted part of Memphis. Some of Love's victims were chosen at random and abducted. Other victims met Love, who used a false identity, through social media and chat lines. In each case, Love took his victims to unlit dead-end coves or uninhabited industrial areas. Each victim testified that she was raped before or after being forced out of Love's car, and that as soon as he was finished, Love got in his car and sped off, leaving the victim without her purse, wallet, cell phone, or other personal items. One of the victims was a minor. Love also brandished a firearm during one of the sexual assaults. All victims reported the crimes to the police, and went to the Rape Crisis Center for treatment and the collection of DNA evidence.
Love's cases were not linked until he was arrested in 2015 and a sample of his DNA was taken as part of the arrest. A profile developed from that sample was entered into the Combined DNA Index System (CODIS), a national database designed to help identify suspects in unsolved cases. The cases involving Love dated back to at least 2008.
Biological evidence collected during examination of a sexual assault victim is preserved in a sexual assault kit, and ultimately, sent to a laboratory for analysis. Once a DNA profile is developed, it is placed into CODIS and regularly compared to other submissions and profiles already on file. The Memphis Police Department's Sex Crimes Bureau, DNA Cold Case Unit, developed Love as a suspect in these seven cases, in part, through use of DNA and CODIS technology.
Love also has unresolved cases pending in Shelby County Criminal Court, where he has been charged with rape, aggravated rape, aggravated kidnapping, criminal attempt - kidnapping, and robbery.
On December 13, 2019, U.S. District Court Judge Sheryl H. Lipman sentenced Love to six life sentences and one twenty-year term in federal prison.
U.S. Attorney D. Michael Dunavant said, "The horrific physical violence, sexual abuse, and emotional torment suffered by the victims in this case cannot be undone, but these life sentences ensure that this violent and evil sexual predator will pay for his depraved actions and will never be free again to victimize others. As a result of the outstanding investigative work of the MPD and the FBI, as well as the excellent trial presentation by our federal and state prosecutors, these victims have seen their cases solved, and justice has been achieved. "
The Memphis Police Department (Sex Crimes, DNA Cold Case Unit), with assistance from FBI and Shelby County District Attorney's Office, investigated this case.
Assistant U.S. Attorney Debra Ireland and Special Assistant U.S. Attorney Bryce Phillips prosecuted this case on behalf of the government.
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Massachusetts Man Sentenced to Prison for Fentanyl TraffickingRead the Press Release
Portland, Maine: A Peabody, Massachusetts man was sentenced today in federal court in Portland for possessing fentanyl with the intent to distribute, U.S. Attorney Halsey B. Frank announced.
U.S. District Court Judge George Z. Singal sentenced Sean Anderson, 39, to 71 months in prison and four years of supervised release.
According to court records, on May 7, 2019, a Maine State Police trooper stopped Anderson for speeding northbound on I-95 in York. The trooper recovered a package containing about nine grams of fentanyl from the ground just outside Anderson’s car, where he had thrown it after pulling over. While Anderson was being booked into the York County Jail, jail personnel found two additional packages containing about 52 grams of fentanyl in his underwear.
The U.S. Drug Enforcement Administration; the Maine State Police; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the York County Sheriff’s Office investigated the case. The U.S. Attorney’s Office prosecuted the case as part of the Department of Justice’s Operation Synthetic Opioid Surge, a program designed to reduce the supply of deadly synthetic opioids.
Marshall County man sentenced for firearms violationRead the Press Release
WHEELING, WEST VIRGINIA – William M. Johnson, Jr., of McMechen, West Virginia, was sentenced today to 15 months incarceration for a firearms violation, U.S. Attorney Bill Powell announced.
Johnson, age 31, pled guilty to one count of “False Statement to Acquire Firearm.” Johnson admitted to making a false statement when purchasing a firearm. Johnson claimed the weapon was for his use, when, in fact, he purchased the .40 caliber pistol for a convicted felon. The crime took place in August 2018 in Ohio County.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Manchester Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
CONCORD - Justin McInnes, 30, of Manchester, pleaded guilty in federal court to unlawfully possessing firearms, possessing firearms in furtherance of a drug trafficking crime, and possessing drugs with the intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on September 6, 2018, officers from the Manchester Police Department arrested McInnes, who possessed 20 grams of cocaine, over 9 grams of crack cocaine, a Mossberg 12 Gauge Shotgun, a Taurus .380 caliber revolver, a Kel-Tec 9mm pistol, and counterfeit currency. McInnes is prohibited from possessing firearms as a result of prior felony convictions and possessed the drugs with the intent to distribute them.
McInnes is scheduled to be sentenced on March 30, 2020.
“Armed drug traffickers are a menace to everyone,” said U.S. Attorney Murray. “In order to protect the people of New Hampshire from violent crime, we will be aggressive in our efforts to identify and prosecute drug traffickers and felons who unlawfully possess guns. I am grateful to the law enforcement officers in this case for bringing this defendant to justice.”
“We are very pleased with the outcome of this case,” said Manchester Police Chief Carlo Capano. “We are always looking out for the best interest of our community. Justin McInnis placed our community and our officers in danger and we will not tolerate his violent behavior.”
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.
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Man from Las Cruces sentenced to more than 15 years in prison for illegal drug and gun possessionRead the Press Release
ALBUQUERQUE, N.M. – David Adrian Enriquez, 35, of Las Cruces, New Mexico was sentenced on December 13 in federal court in Las Cruces, New Mexico to 188 months in prison for possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
Enriquez pleaded guilty to these offenses on July 2. In his plea agreement, he admitted to possessing a .45 caliber pistol illegally in his car when police stopped him for reckless driving on Dec. 25, 2018. Enriquez also possessed methamphetamine, cocaine, and prescription pills illegally at his home when police arrested him there on March 1, 2019. The methamphetamine weighed about 1109 grams. Enriquez intended to distribute it. Enriquez also possessed a small scale, plastic bags, $1050 in cash, and three counterfeit $100 bills. Enriquez also possessed another pistol, rifle, and ammunition at his home. Enriquez was forbidden from possessing these firearms and ammunition because of prior felony convictions.
The FBI investigated this case with the Las Cruces Police Department and the Las Cruces/Doña Ana County Metro Narcotics Agency. Assistant U.S. Attorney Randy Castellano of the Las Cruces Branch Office prosecuted the case.
Man from Las Cruces sentenced to 25 years in federal prison on child pornography chargesRead the Press Release
ALBUQUERQUE, N.M. – John Henry Bevel Jr., 44, of Las Cruces, New Mexico, was sentenced on Dec. 12 in federal court in Las Cruces, New Mexico to 25 years (300 months) in prison on child pornography charges. Bevel was also ordered to pay $25,000.00 in restitution to one of the victims of his crime.
Bevel pleaded guilty to advertising visual depictions of minors engaged in sexually explicit conduct, distribution of child pornography, receipt of child pornography, and possession of child pornography.
In Bevel’s plea agreement, he admitted using a messaging application on his cell phone between Oct. 17, 2017, and Oct. 18, 2017, to communicate with another person about receiving and exchanging videos and photographs of minors engaged in sexual activity. Bevel also admitted sending child pornography over a messaging application on Sept. 25, 2017. Bevel also admitted possessing child pornography in an online storage account on Sept. 24, 2017. Bevel previously lived in Albuquerque.
Homeland Security Investigations investigated this case with the assistance of the Las Cruces Police Department. Assistant U.S. Attorney Marisa A. Ong of the Las Cruces Branch Office prosecuted the case.
Man from Española pleads guilty to robbing restaurant and gas station on the Santa Clara PuebloRead the Press Release
ALBUQUERQUE – Michael Duran, 33, of Española, N.M., and a member of the Ohkay Owingeh tribe, pleaded guilty in federal court in Albuquerque on December 13 to robbing a restaurant and gas station on the Santa Clara Pueblo in October 2017.
Duran pleaded guilty to an information charging him with one count of interference with interstate commerce by robbery and violence, two counts of assault with a dangerous weapon, and one count of discharging a firearm during a crime of violence. According to the information and other public court records, Duran robbed a gas station convenience store in Española on Oct. 1, 2017, by entering the business, pointing a gun at the store clerk, and demanding money from the cash register. He got away with $50 in cash and several boxes of cigarettes.
On Oct. 16, 2017, Duran robbed a restaurant in Española. He approached the walk-up order window and demanded money while pointing a firearm at a restaurant employee. Duran fired his weapon into the business and fled the scene. No one was injured.
Duran is currently in custody awaiting sentencing. He faces a sentence of 198 months in prison under the terms of his plea agreement.
The Northern Pueblo Agency of the Bureau of Indian Affairs investigated this case with assistance from the Espanola Police Department. Assistant U.S. Attorneys David P. Cowen and Jennifer M. Rozzoni are prosecuting the case.
Louisiana Man Pleads Guilty to Trafficking Protected BirdsRead the Press Release
A Louisiana resident and owner of a freight forwarding company pleaded guilty today in federal court in the Eastern District of Louisiana to trafficking exotic birds that are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Paul Tallman of Kenner, Louisiana, owner of Aerotyme-Inc., pleaded to the charges, which stemmed from a scheme by codefendant William McGinness to ship birds from California to the Port of New Orleans for export to Taiwan. This scheme sought to avoid a 2015 Taiwanese ban on the import of all California birds due to the risk of highly pathogenic avian flu. The shipment contained 86 birds, including three falsely labeled macaws.
“This illegal scheme flouted federal and international laws meant to protect exotic birds from exploitation as well as international efforts to contain infectious disease,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “This case shows well how federal law enforcement protects our nation’s resources, its biodiversity, and the public’s health from criminal enterprises.”
On Dec. 11, 2019, McGinness pleaded guilty to conspiracy to smuggle and make false statements in violation of the Lacey Act, as well as a false statement charge. Another codefendant, Rene Rizal, also pleaded guilty to a false statement charge.
McGinness had Tallman and Rizal create and certify false paperwork to facilitate the shipment of the birds from New Orleans. McGinness trucked the birds from California to Aerotyme Inc. in Kenner, Louisiana, where he and Tallman submitted false paperwork, including a veterinary health certificate certifying that the birds were disease free, to agents of the U.S. Fish and Wildlife Service. Federal law enforcement officers seized 14 birds prior to export.
Codefendants Wayne Andrews, a bird breeder, and Alex Madriaga, a veterinarian, both from California, previously pleaded guilty to creating false documents to facilitate McGiness’ plan to transport the birds from California to Louisiana. Andrews’ and Madriaga’s sentencings are scheduled for Jan. 15, 2020. Rizal’s, McGinness’ and Tallman’s sentencings are scheduled for March 4, 2020.
The maximum sentence for Tallman is one year in prison and a fine of up to $100,000. The maximum sentence for McGinness and Rizal is five years in prison, three years of post-release supervision, and a fine of up to $250,000. Andrews and Madriaga face a maximum sentence of one year in prison and a fine of up to $100,000.
The U.S. Fish and Wildlife Service, Office of Law Enforcement investigated this case. Trial Attorney Mary Dee Carraway of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Missy Bucher of the Eastern District of Louisiana are prosecuting the case.