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13 December 2019
Former Loves Park Woman Pleads Guilty to Wire FraudRead the Press Release
ROCKFORD — A former Loves Park woman pleaded guilty today before U.S. District Judge Philip G. Reinhard to wire fraud.
MICHELLE L. McKINNEY, 43, admitted in a written plea agreement that between June 2013 and September 2016, while employed as an account manager by a roofing company that operated a cloud-based construction management program, she schemed to defraud her employer and obtain money and property by fraudulent representations and concealment of material facts.
McKinney faces a maximum sentence of 20 years’ imprisonment and a fine of up to $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater. Sentencing is set for May 11, 2020, at 9:00 a.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI. The government is represented by Assistant U.S. Attorney Scott R. Paccagnini.
As an account manager, McKinney was responsible for the oversight of the company’s payroll, human resources, accounts payable, and accounts receivable. From 2013 through March 2014 the company was located in Rockton, and from then through 2016 the company was located in Beloit, Wisc. Some of the company’s employees, including McKinney, were issued a corporate credit card. Without the company’s knowledge, McKinney also had another corporate credit card issued. McKinney also had access to the company’s bank account and accompanying debit card. As stated in the plea agreement, McKinney authorized monthly funds transfers from the company to pay the entire balance of all of the company’s credit cards. McKinney used the credit cards and debit card to make unauthorized purchases for her own benefit totaling $475,775.84. In order to conceal her unauthorized purchases, McKinney disguised her unauthorized charges in the company’s accounting system as company expenses such as office supplies or fees. McKinney also created fictitious payroll invoices in the amount of her unauthorized purchases. To conceal the true nature of the transactions, she entered her personal transactions in bulk into the company’s accounting system instead of line-by-line.
Former FMC Lexington Inmate Sentenced to 28 Months for Making False Allegations against Prison Staff and Possessing MorphineRead the Press Release
LEXINGTON, Ky. –Timothy Carl Ling, a former FMC Lexington inmate, was sentenced in federal court to 28 months in prison, by U.S. District Judge Danny C. Reeves, for making false allegations against prison staff and illegally possessing morphine.
In his plea agreement, Ling admitted that, over the course of several months in 2016 and 2017, he knowingly made false accusations against members of FMC Lexington’s staff. Specifically, Ling admitted to falsely alleging that a nurse provided him with an un-prescribed morphine pill, and he admitted to falsely accusing an accountant of accepting prepaid credit cards or money orders in exchange for providing contraband to inmates. Ling’s misrepresentations wrongfully caused the staff members to be subject to internal investigations, when, in reality, they had done nothing wrong. Related to Ling’s fraudulent accusation against the nurse, Ling admitted to illicitly purchasing an un-prescribed morphine pill from another inmate and providing it to a prison official under the guise of having obtained the pill from the nurse.
Ling admitted in his plea agreement that his motives for creating false and fictitious stories about prison staff included attempting to gain consideration for a reduction of his sentence. Instead, as a result of his false reports, Ling must now spend an additional 28 months in prison, consecutive to his prior sentence.
Under federal law, Ling must serve, at a minimum, 85 percent of his prison sentence. He will be under the supervision of the United States Probation Office for three years after being released.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and William Hannah, Special Agent in Charge of the U.S. Department of Justice Office of the Inspector General (DOJ OIG) Chicago Field Office, jointly announced the sentence.
The investigation was directed by the DOJ OIG Chicago Field Office. The United States was represented by Special Assistant U.S. Attorney James T. Chapman.
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Former Convicted Felon Charged in Robbery SpreeRead the Press Release
SOUTH BEND – Armand White, 32, of South Bend, Indiana, was charged in a criminal complaint for Hobbs Act robbery, bank robbery, possession of a firearm in furtherance of a crime of violence and being a felon in possession of a firearm, announced U.S. Attorney Thomas L. Kirsch II.
According to documents in this case, in November 2019 a store in Mishawaka and a bank in South Bend were robbed by two men in ski masks. On two separate occasions, the robbers allegedly entered the establishments, displayed handguns and demanded money from employees. From the cigarette store the robbers obtained $500 in cash and cigarettes. The robbers stole $6500 from the bank. Mr. White was convicted in 2009 of two bank robberies in South Bend. He is currently on federal supervised release. During the search of his residence, pursuant to a federal search warrant, agents found multiple firearms.
United States Attorney Kirsch said, “The alleged crimes are intolerable. My Office along with our federal and state law enforcement partners are dedicated to solving and prosecuting crimes that put innocent lives at risk”
The United States Attorney’s Office emphasizes that a Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the FBI Safe Streets Task Force with the assistance of the South Bend Police Department, St. Joseph County Police Department and Elkhart Police Department. This case is being prosecuted by Assistant United States Attorney Joel Gabrielse.
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Former CIO Sentenced to Two Years in Prison for Accepting Approximately $1 Million in Bribes for Awarding ContractsRead the Press Release
TRENTON, N.J. – A Roslyn, New York, man was sentenced today to 24 months in prison for demanding bribes in exchange for his assistance in securing contracts between a Texas financial services company and two New Jersey information technology staffing companies, U.S. Attorney Craig Carpenito announced.
Mark Berger, 59, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an information charging him with one count of conspiracy to violate the Travel Act. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
From January 2011 through March 2013, Berger was the chief information officer of SWBC, a financial services company based in Texas, and had the ability and authority to hire certain companies to perform work. Berger entered into contracts between SWBC and two companies based in New Jersey, including DaVinci Technology Corp., for information technology and staffing services.
As a condition of the contracts, Berger demanded that the owner of the IT companies, Anthony Curlo of Chester, New Jersey, pay him a certain percentage of the monies that the companies would receive from SWBC.
The IT companies received approximately $3 million in revenue from SWBC. Under the terms of the illegal kickback arrangement between Berger and Curlo, Berger was supposed to receive $1.14 million in kickback payments. Berger actually received $985,000 in cash payments, which were delivered to his home in New York.
In addition to the prison term, Judge Shipp sentenced Berger to two years of supervised release.
Curlo previously pleaded guilty to his role in the scheme on Sept. 21, 2016 and is awaiting sentencing.
U.S. Attorney Carpenito credited special agents of IRS–Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: John Carman Esq., Garden City, New York
Foreign National Sentenced to over 13 Months in Federal Prison for Illegally Re-Entering the United States Following Previous DeportationsRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that William Moreno-Moreno, age 24, a citizen of Mexico who had been residing in Grant County, Washington, was sentenced after having pleaded guilty on September 12, 2019, to being an alien illegally in the United States after previously being deported. Senior United States District Judge Wm Fremming Nielsen sentenced Moreno-Moreno to a 13-month and 1-day term of imprisonment, to be followed by a 1-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, Moreno-Moreno had three prior removals from the United States. After unlawfully entering the United States a fourth time, Moreno-Moreno was convicted in Grant County of third degree rape of a child and possession of methamphetamine. At the completion of his state sentence, Moreno-Moreno was taken into federal custody.
United States Attorney Hyslop said, “The sentence imposed not only promotes the rule of law, but reflects the consequences for foreign nationals who return illegally to the United States after having been previously deported. Enforcing the immigration laws remains a priority in protecting our communities. The United States Attorney’s Office will continue to direct its resources to aggressively investigate and prosecute these cases.”
This case was investigated by the Spokane Resident Office of the Department of Homeland Security. This case was prosecuted by Timothy J. Ohms, an Assistant United States Attorney for the Eastern District of Washington.
Florida Man Sentenced to Federal Prison for Building A Bomb and Placing It at the Bay Pines Veterans Affairs HospitalRead the Press Release
Tampa, Florida – U.S. District Judge William Jung today sentenced Mark Edward Allen (61, St. Petersburg) to five years in federal prison for attempting to destroy United States government property with an improvised explosive device. Allen was arrested on June 1, 2019. He had pleaded guilty on September 23, 2019.
According to court documents, on May 6, 2019, Allen placed a hoax explosive device at the Veterans Affairs Hospital in Bay Pines, Florida. Then, on May 29, 2019, he placed an actual improvised explosive device (IED) at the same VA Hospital. Law enforcement agencies responded to the VA Hospital, and a bomb squad determined that the device contained a 9-volt battery, electrical wires, an improvised initiator, explosive powder, and a switch. Bomb technicians ultimately rendered the device safe. Video surveillance showed that Allen had carefully placed the IED on a gate that controls vehicle and pedestrian access to the VA Hospital.
Approximately two days after Allen had placed the IED at the VA Hospital, an individual called law enforcement and reported that Allen had been making other IEDs in his St. Petersburg home. The individual provided one of the devices to the FBI, and approximately seven additional completed and partially completed IEDs were found during a search of Allen’s home. Each of the devices was capable of causing property damage, personal injury, and/or death when properly assembled and initiated.
“The FBI routinely asks the public that if they see something to say something. This investigation proves to us the message is being heard loud and clear. We are grateful for the individual who came forward with the information leading us to Mr. Allen. Their action helped save lives,” said Special Agent in Charge of the FBI Tampa Division Michael F. McPherson.
This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, with assistance from the Tampa Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Department of Veterans Affairs Police, the Department of Veterans Affairs - Office of Inspector General, the Florida Department of Law Enforcement, and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Daniel George.
Federal Jury Convicts 7 Defendants of Conspiracy and Mail Fraud in $126 Million Telemarketing Scheme Dating Back to 1980sRead the Press Release
SANTA ANA, California – A federal jury this morning found seven people guilty of conspiracy and mail fraud for participating in a decades-long, multi-million dollar telemarketing scheme that targeted thousands of small businesses and charities.
During a seven-week trial in United States District Court, the jury heard evidence that members of the conspiracy – going as far back as 1988 – bilked more than 50,000 victims by posing as their regular supplier of printer toner and selling them toner at greatly inflated prices. Over one six-year span, victims were induced to send more than $126 million to the telemarketing scammers.
The defendants found guilty today are:
- Gilbert N. Michaels, 77, of West Los Angeles, who orchestrated the scheme, and who owned and operated IDC SERVCO, a Culver City-based business that sold toner to small businesses, charities (such as Easter Seals Disability Services and the United Way), schools, churches, city governments and other entities in the United States and Canada;
- James R. Milheiser, 53, of Huntington Beach, who owned and/or controlled Material Distribution Center, PDM Marketing, Bird Coop Industries, Inc., and Copier Products Center;
- Leah D. Johnson, 54, of Ignacio, Colorado, who owned Capital Supply Center and LJT Distribution, Inc.;
- Jonathan M. Brightman, 52, of Westlake Village, who owned Copy Com Distribution, Inc.; Independent Cartridge Supplier; and Corporate Products;
- Sharon Scandaliato Virag, 54, of West Hills, who owned XL Supply, Inc.;
- Tammi L. Williams, 44, of Chino Hills, who was the office manager at Elite Office Supply, and also worked at Specialty Business Center, Rancho Office Supply and Select Imaging Supplies; and
- Francis S. Scimeca, 54, of Woodland Hills, who owned Supply Central Distribution, Inc. and Priority Office Supply.
Each defendant was found guilty of one count of conspiracy to commit mail fraud. Michaels also was found guilty of 10 counts of mail fraud and five counts of money laundering. Milheiser, Johnson, Brightman, and Scimeca were also found guilty of mail fraud.
In furtherance of the scheme, the telemarketers typically posed as the regular suppliers of the victim companies and told the companies that the price of toner had increased, they had not been notified of the increase, and the victims now had a chance to purchase toner at the previous, lower price. Believing that they were dealing with their regular supplier of toner, employees at the victim companies signed order confirmation forms, which prompted defendant Michaels’ company IDC SERVCO to ship toner to victims and send invoices that demanded payment at inflated prices.
When the victim companies realized they had been scammed, they called IDC SERVCO to complain. The victims were typically told that IDC could not cancel the order or refund money because the victims had signed order confirmation forms. IDC also failed to disclose its relationships to the telemarketing companies that had actually brokered the fraudulent deals.
In many cases, IDC employees threatened victims with collections or legal action if they did not pay an invoice. In the cases where IDC agreed to take toner back, victims were forced to pay significant “restocking fees.”
Most victims received toner at no extra cost as part of their printer or copier service agreements. The telemarketers knew there had not been a price increase for toner, and failed to disclose that the prices they were charged were two to ten times the regular cost of toner.
Another aspect of the fraud was that the telemarketers failed to disclose that they were affiliated with IDC. In a series of court orders dating back to November 1988, Michaels and his companies were prohibited from making false statements – such as that they were a usual supplier of photocopier supplies or that there had been price change – and they were required to provide oversight to “independent sales companies.” Michaels violated these court orders by working with and providing financing to independent sales companies that were engaged in deceptive and fraudulent practices, despite the fact that IDC received hundreds of thousands of complaints from victims claiming they had been defrauded.
Fourteen other defendants charged in this case previously pleaded guilty to federal criminal charges.
United States District Judge James V. Selna has scheduled a May 29, 2020 sentencing hearing, at which time the seven defendants convicted today will face, at least, a statutory maximum sentence of 20 years in federal prison.
The investigation into this toner fraud case was conducted by the Huntington Beach Police Department, the United States Secret Service, the FBI and the Orange County District Attorney’s Office.
This case is being prosecuted by Assistant United States Attorneys Gregory W. Staples, Bradley E. Marrett, and Benjamin D. Lichtman of the Santa Ana Branch Office.
Federal Inmate Convicted of Attempting to Provide Material Support to ISISRead the Press Release
BEAUMONT, Texas – A 45-year-old international terrorist imprisoned in the U.S. Bureau of Prisons has been convicted of additional offenses in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Mohamed Ibrahim Ahmed, an Ethiopian national born in Eretria, was found guilty by a jury of attempting to provide material support to a designated foreign terrorist organization (ISIS) and making a false statement to the FBI, following a seven-day trial before U.S. District Judge Marcia A. Crone.
“This terrorist has shown that he was committed to his ideology and to violence,” said Eastern District of Texas U.S. Attorney Joseph D. Brown. “It was important to pursue these charges not only to keep him in prison, but to deter others who would recruit in jail cells.”
“This defendant is a repeat offender. While in prison on terrorism charges, Ahmed continued to recruit fellow inmates to join ISIS to train them and to help them plan future attacks,” said Assistant Attorney General for National Security John C. Demers. “As long as terrorists keep offending, the Department will continue to bring them to justice. We have done so in this case.”
“The threat posed by individuals like Ahmed is real and one we cannot afford to underestimate or ignore,” said Special Agent in Charge Perrye Turner of the FBI Houston Division. “The threat from ISIS continues to evolve to include sustained radicalization online, loss of the physical caliphate, and inspiration for individuals to conduct attacks in their home countries using any means possible. It is with any means possible and using all tools available to us that the FBI will continue to investigate criminal and national security threats to the United States, wherever they originate.”
According to information presented in court, in 2013 Ahmed was convicted in the Southern District of New York of conspiring to provide material support to and receive military-type training from a foreign terrorist organization. Ahmed had attended an al Qaeda training camp in Afghanistan in 1996 and was a member of the Brandbergen Mosque network, which financially and logistically supported other terrorist groups. A federal judge in New York sentenced Ahmed to 111 months in federal prison and he was transferred to the Federal Correctional Institute (FCI) in Beaumont, Texas to serve his sentence.
Ahmed continued his terrorist activities while serving his sentence at FCI-Beaumont. He recruited at least five inmates to join ISIS and to conduct terrorist acts in the United States after their release from federal custody, telling them that he was aligned with ISIS and supported al Shabaab and al Qaeda. From prison, he celebrated the Ariana Grande concert bombing and other acts of terror in the news, telling an inmate, “They kill kids, we gonna kill kids.” Ahmed wanted the inmates he was recruiting to either travel abroad to join ISIS, or create “sleeper cells” within the United States to carry out attacks.
Ahmed provided would-be recruits with a training manual on how to carry out violent jihad, including topics such as “how to carry out guerilla war,” “selection of human targets,” and “how to carry out assassinations.” He even held physical training exercises with other inmates in the prison yard to get them in shape to carry out the acts of terror he was plotting. Ahmed also discussed a plot with fellow inmates to bomb the Federal Detention Center in New York City as a revenge for his prosecution there.
Under the federal statute, Ahmed faces up to 25 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation’s Beaumont Resident Agency, out of the Houston Division, and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice and Trial Attorneys Alicia Cook and Katie Sweeten of the National Security Division’s Counterterrorism Section.
Federal Inmate Convicted of Attempting to Provide Material Support to ISISRead the Press Release
A 45-year-old international terrorist imprisoned in the U.S. Bureau of Prisons has been convicted of additional offenses in the Eastern District of Texas.
Mohamed Ibrahim Ahmed, an Ethiopian national born in Eretria, was found guilty by a jury of attempting to provide material support to a designated foreign terrorist organization (ISIS) and making a false statement to the FBI, following a seven-day trial before U.S. District Judge Marcia A. Crone. The jury acquitted the defendant of two other charges and did not reach a verdict on another.
“This defendant is a repeat offender. While in prison on terrorism charges, Ahmed continued to recruit fellow inmates to join ISIS to train them and to help them plan future attacks,” said Assistant Attorney General for National Security John C. Demers. “As long as terrorists keep offending, the Department will continue to bring them to justice. We have done so in this case.”
“This terrorist has shown that he was committed to his ideology and to violence,” said Eastern District of Texas U.S. Attorney Joseph D. Brown. “It was important to pursue these charges not only to keep him in prison, but to deter others who would recruit in jail cells.”
“The threat posed by individuals like Ahmed is real and one we cannot afford to underestimate or ignore,” said Special Agent in Charge Perrye Turner of the FBI Houston Division. “The threat from ISIS continues to evolve to include sustained radicalization online, loss of the physical caliphate, and inspiration for individuals to conduct attacks in their home countries using any means possible. It is with any means possible and using all tools available to us that the FBI will continue to investigate criminal and national security threats to the United States, wherever they originate.”
According to information presented in court, in 2013 Ahmed was convicted in the Southern District of New York of conspiring to provide material support to and receive military-type training from a foreign terrorist organization. Ahmed had attended an al Qaeda training camp in Afghanistan in 1996 and was a member of the Brandbergen Mosque network, which financially and logistically supported other terrorist groups. A federal judge in New York sentenced Ahmed to 111 months in federal prison and he was transferred to the Federal Correctional Institute (FCI) in Beaumont, Texas, to serve his sentence.
Ahmed continued his terrorist activities while serving his sentence at FCI-Beaumont. He recruited at least five inmates to join ISIS and to conduct terrorist acts in the United States after their release from federal custody, telling them that he was aligned with ISIS and supported al Shabaab and al Qaeda. From prison, he celebrated a bombing at a concert in Manchester, England, and other acts of terror in the news, telling an inmate, “They kill kids, we gonna kill kids.” Ahmed wanted the inmates he was recruiting to either travel abroad to join ISIS, or create “sleeper cells” within the United States to carry out attacks.
Ahmed provided would-be recruits with a training manual on how to carry out violent jihad, including topics such as “how to carry out guerilla war,” “selection of human targets,” and “how to carry out assassinations.” He even held physical training exercises with other inmates in the prison yard to get them in shape to carry out the acts of terror he was plotting. Ahmed also discussed a plot with fellow inmates to bomb the Federal Detention Center in New York City as revenge for his prosecution there.
Ahmed faces up to 25 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice and Trial Attorneys Alicia Cook and Katie Sweeten of the National Security Division’s Counterterrorism Section.
Federal Home Loan Bank Execs Sentenced to 5 Years EachRead the Press Release
Two former Federal Home Loan Bank executives have been sentenced to a combined 10 years in federal prison for conspiring to lie to the government-sponsored financial institution, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
In July, several days into their trial, Terence Carlyle Smith, former FHLB - Dallas President, and Nancy B. Parker, former Chief Information Officer, both pleaded guilty to conspiracy to make false statements to a Federal Home Loan Bank.
U.S. District Judge Jane J. Boyle last week sentenced Mr. Smith, 62, to five years in federal prison and ordered him to pay $780,279.11 in restitution plus $4,219,720.89 in attorney’s fees to the bank and its insurance carriers. The judge sentenced Ms. Parker, 66, to five years in federal prison and ordered her to pay $313,681.25 in restitution plus $227,953 in attorney’s fees.
“These defendants attempted to trick a Federal Home Loan Bank into footing the bill for their exorbitant personal travel,” said U.S. Attorney Nealy Cox. “We’re pleased the Judge held them accountable for undermining the public trust by handing down the maximum sentence.”
“The actions of these defendants placed at risk the public’s trust in the Federal Home Loan Bank of Dallas. The Federal Housing Finance Agency Office of Inspector General (FHFA-OIG) is committed to investigating allegations of fraud committed against the Government Sponsored Enterprises, including the 11 Federal Home Loan Banks,” said Catherine Huber, Special Agent in Charge of the FHFA-OIG’s Central Region Office. “The sentences handed down by the Court send a powerful message to those who would seek to victimize a Federal Home Loan Bank. We are proud to have partnered with the U.S. Attorney’s Office for the Northern District of Texas in this case.”
In plea papers, the pair admitted that from 2009 to 2013, they submitted dozens of bogus expense reports to FHLB, claiming they’d attended professional conferences they never visited -- prompting FHLB to foot the bill for what was actually personal travel to Florida, California, and Nevada. They also admitted to repeatedly falsely reporting their number of unused vacation hours.
According to the Indictment filed in 2017, the scheme cost FHLB more than $1.2 million -- $780,000 in travel expenses, including airfare, limousine rides, concerts, vineyard tours, luxury hotel rooms, and lavish meals for Mr. Smith, Ms. Parker, and several colleagues, and $450,000 in unused vacation time reimbursements.
The Federal Housing Finance Agency Office of Inspector General led the investigation. Assistant U.S. Attorneys Errin Martin, Lindsey Beran, Tiffany Eggers, and Douglas Brasher prosecuted the case.
Federal and State Law Enforcement Agencies Intercept Two Go-Fast Vessels with Bales of Cocaine Off the Coasts of the Dominican Republic and Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – U.S. Coast Guard intercepted a vessel with no indicia of nationality on December 5, 2019 attempting to smuggle more than 600 kilograms of cocaine, with an approximated street value of 14 million dollars south of La Romana, Dominican Republic. Coast Guard Cutter (CGC) RELIANCE responded for law enforcement action and three individuals were arrested. The Caribbean Corridor Strike Force is in charge of the investigation of the case.
U.S. Magistrate Judge Silvia Carreño-Coll authorized a complaint charging Jorge Luiz De La Cruz-Acevedo, Freddy Gerardo Fernández-Breth, and Simon Antonio Patino-Rivero with possession with intent to distribute a controlled substance on board a vessel subject to the jurisdiction of the United States, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
Custody of the defendants and the narcotics were transferred over to Special Agents of DEA for further investigation and prosecution. This case is part of the Organized Crime Drug Enforcement Task Force (OCDETF) program and the Caribbean Corridor Strike Force (CCSF). The CCSF is a multi-agency OCDETF strike force comprised of federal and state law enforcement agencies, including the Drug Enforcement Administration (DEA), Department of Homeland Security, Immigration and Customs Enforcement (ICE), Federal Bureau of Investigation, United States Coast Guard, U.S. Marshals Service, Internal Revenue Service, and the Puerto Rico Department of Public Safety.
In a different interdiction that occurred on December 10, 2019, the U.S. Customs and Border Protection/Border Patrol (CBP) surveillance unit spotted a suspected target of interest while conducting border security patrol along the western coast of Puerto Rico. CBP Unit continued surveillance of the vessel while contacting and relaying its position to the Puerto Rico Police Department (PRPD) Maritime Unit (FURA) to assist with the interdiction. Soon thereafter PRPD FURA “COBRA 54” unit located and stopped the vessel at one (1) nautical mile from Crash Boat Beach in Aguadilla, Puerto Rico. The five persons on board, Jesús Ramón Concepción-Guerrero, Miguel Ángel Pourie-Portalatín, Riky Laureano-Ruiz, Israel Herrera-Herrera, and José Manuel Ruiz-Mercedes, and the vessel were detained and towed to the PRPD FURA Unit in Añasco, PR.
After further inspection of the vessel a total of 161 bricks weighing 181.90 kilograms of cocaine were seized, with an approximated street value of four million twenty-five thousand dollars ($4,025,000). U.S. Magistrate Judge Silvia Carreño-Coll authorized a complaint charging the five individuals with conspiracy to possess with intent to distribute five (5) kilograms or more of cocaine and possession with intent to distribute five (5) kilograms or more of cocaine.
“During the past two weeks federal and local law enforcement worked together to intercept hundreds of kilograms of cocaine before they reached our shores,” said W. Stephen Muldrow, US Attorney for the District of Puerto Rico. “We cannot, and will not, halt our efforts to protect our borders from drug trafficking.”
Assistant U.S. Attorneys Vanessa Bonhomme and César Rivera-Giraud are in charge of the prosecution of the cases. If convicted the defendants face a minimum sentence of 10 years up to life in prison.
Criminal complaints contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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FBI Arrests Former Bank Employee Charged with Stealing Cash from Bank VaultRead the Press Release
CHARLOTTE, N.C. – A criminal indictment was unsealed this week in federal court in Charlotte, following the arrest of Arlando M. Henderson by the FBI in San Diego, California. Henderson, 29, of Charlotte, is charged with financial institution fraud and related charges, for stealing more than $88,000 in cash from the vault of the bank where he was employed, and then committing a separate loan fraud in connection with the purchase of a luxury automobile.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins U.S. Attorney Murray in making today’s announcement.
According to allegations contained in the indictment, Henderson was employed by a financial institution in Charlotte, and had access to the cash vault. The indictment alleges that on at least 18 occasions in 2019, Henderson stole cash from deposits made by bank customers from the bank vault, and used the money to pay for personal expenses and to make a large cash down payment on a luxury vehicle. On numerous days on which Henderson stole money, he also made cash deposits at an ATM near his worksite, the indictment alleges. It is further alleged in the indictment that Henderson destroyed certain documents and made, or caused others to make, false entries in the bank’s books and records to cover up the theft. According to the indictment, Henderson stole more than $88,000 from the bank vault.
The indictment also alleges that throughout July and August 2019, Henderson used a social media account to post several pictures of him holding large stacks of cash. On or about July 2019, after Henderson had allegedly stolen more than $70,000 in cash from the bank vault, Henderson made a $20,000 cash down payment on a 2019 Mercedes-Benz, and obtained a car loan for the remaining balance from another financial institution, by providing false information and falsified documents, including falsified bank statements.
FBI agents arrested Henderson in San Diego on December 4, 2019. Henderson had his initial appearance before U.S. Magistrate Judge Gallo, in the U.S. District Court for the Southern District of California.
Henderson is charged with two counts of financial institution fraud, 19 counts of theft, embezzlement and misapplication, and twelve counts of making false entries, which carry a maximum penalty of 30 years in prison and a $1,000,000 fine, per count; and transactional money laundering, which carries a penalty of 10 years in prison and a $250,000 fine.
The details contained in the indictment are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Charlotte Field Office led the investigation. Assistant U.S. Attorney Daniel Ryan of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
East Bay Men Charged with Selling Counterfeit Pills Laced with FentanylRead the Press Release
SAN FRANCISCO – Jose Ricardo Loza and Randy Lee Walker were charged in a criminal complaint with distributing fentanyl and heroin, announced United States Attorney David L. Anderson and Postal Inspector in Charge Rafael E. Nuñez, United States Postal Inspection Service.
An affidavit filed in the case by an agent of the United States Postal Inspection Service alleges that Loza sold blue counterfeit oxycodone pills that were laced with Fentanyl. According to the affidavit, Loza sold to a third party 50 Fentanyl-laced pills on August 22, 2019, when at the auto body shop where he works in Pittsburg, Calif. Loza allegedly did not initially have enough pills to sell, so he texted Walker, who arrived with more Fentanyl-laced pills. The affidavit alleges that during the transaction, Loza warned the customer to be careful when taking these pills because he (Loza) gave the same pills to a mutual friend who overdosed and died. According to the affidavit, a laboratory test verified that a sample of the pills Loza sold contained fentanyl.
In addition, the affidavit alleges that on November 22, 2019, Loza sold 500 more counterfeit pills to an undercover officer and then told the officer that he had 10,000 more of the same pills for sale. Further, the affidavit alleges Loza sold two ounces of heroin on September 10, 2019.
Loza and Walker are charged with distribution of controlled substances, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C).
Loza and Walker were arrested on December 12, 2019. At the time of Loza’s arrest, law enforcement agents found more than 2,000 counterfeit oxycodone pills hidden in hallowed out compartments of his furniture.
Defendants Loza and Walker made their initial appearances this morning before U.S. Magistrate Judge Thomas S. Hixson. Both defendants currently are in custody. Walker’s next court appearance is scheduled for Monday, December 16, 2019, for appointment of counsel. Loza’s next court appearance is scheduled for Wednesday, December 18, 2019, for a hearing to address detention issues.
If convicted, the defendants face a maximum statutory penalty of up to 20 years in prison. A term of supervised release, fines, forfeitures, and restitution also may be ordered, however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The complaint contains allegations only and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Linda Love. The prosecution is the result of an investigation by the United States Postal Inspection Service.
Doctor Described as ‘Candy Man’ and ‘El Chapo of Opioids’ Indicted for Distributing Opioids to PatientsRead the Press Release
NEWARK, N.J. – A Bergen County doctor has been indicted for distributing opioids without a legitimate medical reason and falsifying medical records to cover it up, U.S. Attorney Craig Carpenito announced today.
Robert Delagente, 45, of Oakland, New Jersey, was indicted on one count of conspiracy to distribute controlled dangerous substances, three counts of distribution of controlled dangerous substances, and one count of falsifying medical records. Delagente will be arraigned at a later date.
According to documents filed in this case and statements made in court:
Beginning in May 2014, Delagente was a doctor at a medical practice called North Jersey Family Medicine (NJFM) in Oakland, New Jersey. He allegedly described himself in conversations pertaining to his prescribing of painkillers as the “Candy Man” and the “El Chapo of Opioids.” Delagente knowingly prescribed controlled substances, such as oxycodone, Percocet, Tylenol with codeine, and various benzodiazepines (alprazolam, diazepam, clonazepam, and temazepam), outside the ordinary course of professional practice and without a legitimate medical purpose. He ignored the inherent danger and medical risk of overdose, drug abuse, and death that can accompany prescriptions of highly addictive opioids, benzodiazepines, and muscle relaxers, both on their own and in combination with one another.
Delagente prescribed controlled substances without ever seeing the purported patient for a medical visit or even discussing with the patient the medical need for the prescription. He allowed patients to ask him for controlled substances via text message and would write a prescription for patients that he would leave at the front desk, without requiring an office visit or consultation of any kind. He allowed patients to dictate the strength and dosage of the controlled substances he prescribed for them. Delagente also prescribed the dangerous drug combination known as the “Holy Trinity,” comprised of opioids (usually oxycodone), benzodiazepines (usually alprazolam) and muscle relaxers (usually carisoprodol).
Delagente failed to monitor patients for addiction and ignored drug screening tests to determine whether certain patients were taking illicit drugs. In fact, Delagente prescribed controlled substances to patients he knew were addicted to opioids or other controlled substances. In one instance, an NJFM employee texted Delagente that a patient had gotten a babysitter and driven a long distance to get to the practice, but had been unable to see a doctor. Delagente responded: “Oh well … C’est la vie! Lol … He can wait for his oral heroin another day. Lol.”
One patient texted Delagente that the patient “probably can’t stop the pk’s,” referring to painkillers. The patient told Delagente that the patient “would need a plan to stop…not cold turkey.” A few days later, when the patient was having trouble obtaining pain medication, the patient wrote to Delagente that “If I go 4 days without [painkillers] I am in huge trouble.” In response, Delagente wrote “I will leave you a short supply RX [prescription] at the front to pick up.” Delagente then wrote the patient a prescription for 120 tablets of 30-milligram oxycodone for 30 days. Delagente at one point told this patient: “I’m literally sticking my neck out and can lose my medical license or [be] arrested for what I just did.”
Delagente also was charged with altering medical records of patients who received controlled substance prescriptions from him after law enforcement officials had subpoenaed the records in late April 2019.
Delagente faces a maximum penalty of 20 years in prison and a $1 million fine on each of the distribution of controlled dangerous substances charges. Delagente faces a maximum penalty of 20 years in prison and a $250,000 fine on the count of falsifying medical records.
U.S. Attorney Craig Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Jason S. Gould and Sean Sherman of the Opioids Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Marc Calello Esq., Bloomfield, New Jersey
District Woman Found Guilty of Setting Fire to her Grandmother’s HomeRead the Press Release
WASHINGTON – Vivian Marion Hairston, 37, of Washington, D.C., was found guilty by a jury today for setting fire to her grandmother’s home in the Kingman Park neighborhood of Northeast Washington, announced U.S. Attorney Jessie K. Liu.
Hairston was found guilty of arson with a senior citizen enhancement and destruction of property following a trial in the Superior Court of the District of Columbia. The Honorable Michael O’Keefe scheduled sentencing for February 21, 2020.
According to the government’s evidence, on May 2, 2019, Hairston went to her 78-year-old grandmother’s house and got into an argument with her mother about not being let inside the house due to her PCP use. Hairston told her mother that she would “be back,” and 15 minutes later she returned holding a gallon jug of yellow liquid and poured the liquid all over the enclosed front porch. She set a fire and left while her grandmother was asleep in the basement and her mother and other family members, including a 1-year-old, were inside. A few minutes later, family members saw smoke and ran out to see the porch on fire. The family was able to put the fire out before there was any major damage. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) determined that gasoline was used as an accelerant to light the fire. The jug was never recovered. A doorbell camera captured Hairston pouring a liquid onto the porch but unfortunately cut out before she set the fire.
In announcing the verdict, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Vivian Kim, who initially investigated the case, Dana Joseph, and Eric Nguyen. She also praised Victim Witness Advocates Tracy Owusu and Elsa Maltese and Paralegals TJ McPhail and ReShawn Johnson.
The U.S. Attorney’s Office works with the Metropolitan Police Department, District of Columbia Office of the Inspector General, the FBI’s Washington Field Office, and other law enforcement partners on investigations of crimes targeting older victims. The Office hopes to build on its work successfully prosecuting such cases and in addition, the Office will continue its extensive community outreach efforts in hopes of increasing awareness to protect seniors.
More information about the Department of Justice’s elder justice efforts can be found on its Elder Justice Website at https://www.justice.gov/elderjustice
Department of Justice Revises and Re-Issues Export Control and Sanctions Enforcement Policy for Business OrganizationsRead the Press Release
The Department of Justice today announced the release of a revised policy for business organizations regarding voluntary disclosures of export control and sanctions violations (Voluntary Self-Disclosure Policy or VSD Policy). The Voluntary Self-Disclosure Policy builds on the guidance NSD issued in October 2016, and will be formally incorporated into the Justice Manual. This revised VSD Policy signals the Department’s continued emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of a non-prosecution agreement and significant reductions in penalties.
“Protecting our nation’s sensitive technologies and preventing transactions with sanctioned entities are DOJ priorities, but we cannot succeed alone,” said Assistant Attorney General for National Security John C. Demers. “We need the private sector to come forward and work with DOJ. The revised VSD Policy should reassure companies that, when they do report violations directly to DOJ, the benefits of their cooperation will be concrete and significant.”
The Department encourages companies to voluntarily self-disclose all potentially willful violations of the statutes implementing the U.S. government’s primary export control and sanctions regimes—the Arms Export Control Act (AECA), 22 U.S.C. § 2778, the Export Control Reform Act (ECRA), 50 U.S.C. § 4801 et seq., and the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1705—directly to NSD. The VSD Policy includes three key changes from the predecessor guidance, all of which provide further incentives for corporations to voluntarily self-disclose violations to the DOJ.
- The VSD Policy clarifies the benefits that are available to companies that voluntarily disclose a violation, fully cooperate with NSD, and timely and appropriately remediate. Specifically, absent aggravating factors, there is a presumption that the company will receive a non-prosecution agreement and will not be assessed a fine. If aggravating circumstances warrant an enforcement action other than a non-prosecution agreement, but the company satisfies all other criteria, the VSD Policy states that DOJ will recommend a fine that is at least 50 percent lower than what would otherwise be available under the alternative fine provision and will not require the imposition of a monitor. The prior guidance did not provide a presumption of any kind, and did not assign any concrete benefits to companies that met certain criteria.
- The VSD Policy clarifies that disclosures of potentially willful conduct made to regulatory agencies, and not to DOJ, will not qualify for the benefits provided in the VSD Policy.
- Finally, the VSD Policy was drafted to more closely resemble existing and analogous guidance from other DOJ components in an effort to standardize, to the extent possible, DOJ voluntary disclosure policies. Specifically, the definitions of “Voluntary Self-Disclosure,” “Full Cooperation,” and “Timely and Appropriate Remediation” closely mirror those provided in the FCPA Corporate Enforcement Policy.
The VSD Policy is effective today, December 13, 2019. It applies only to export control and sanctions matters brought by the National Division’s Counterintelligence and Export Control Section. It does not apply to any other section in the National Security Division, any other part of the Department of Justice, or any other agency. The precise terms of the VSD Policy, and additional information about the Justice Department’s National Security Division, Counterintelligence and Export Control Section and its enforcement efforts, can be found at this link.
Department of Justice Awards Nearly $38 Million to Reduce Crime, Improve Public Safety in West VirginiaRead the Press Release
Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan today joined Ann Urling, Deputy Chief of Staff for Governor Jim Justice, in announcing awards of almost $38 million to fight crime and improve community safety in West Virginia. Nearly $8 million of the total will support families, children and crime victims caught up in the nation’s opioid crisis.
U.S. Attorney for the Southern District of West Virginia Michael B. Stuart, U.S. Attorney for the Northern District of West Virginia William J. Powell, Acting Director of OJP’s Bureau of Justice Assistance Tracey Trautman and Director of the West Virginia Division of Justice and Community Services Joseph C. Thornton also participated in the announcement.
“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless, and the people of West Virginia have borne the brunt of it,” said Principal Deputy Assistant Attorney General Sullivan for the Office of Justice Programs. “This epidemic — the most deadly in our nation’s history — is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”
West Virginia is the epicenter of the opioid crisis, with the highest age-adjusted rate of opioid overdose deaths in the country. According to data from the National Institute on Drug Abuse, 833 West Virginians lost their lives to opioids in 2017, a rate of 49.6 deaths per 100,000 persons, more than three times the national average. The sharpest increase in opioid-involved overdose deaths involved synthetic opioids like fentanyl.
“I’ve said over and over that we need to do everything humanly possible — and invest every single dollar we can — into helping the people caught up in the horrible opioid crisis once and for all,” said Governor Justice. “I congratulate and thank the many hard-working people who made it possible for us to receive this funding that is going to allow us to make a difference in the lives of countless West Virginians. But we can’t stop here. We all need to dig deep and work even harder now to ensure that this funding is used effectively and efficiently to help provide relief to as many West Virginians as possible.”
“Record and historic funding. These grant funds are critical to West Virginia to continue our work at combatting the opioid epidemic and to advance and combat a wide range of criminal justice, juvenile justice and victim service activities,” said United States Attorney Stuart for the Southern District of West Virginia. “I am focused every day with a true sense of urgency to ensure the protection and safety of the people of West Virginia. Too many West Virginians have lost their lives to drug overdose and our communities and families have suffered beyond measure. The funding provided through the Comprehensive Opioid Abuse Program will support healing of the most innocent victims of the opioid crisis — our children — and further efforts to get individuals with substance use disorder much needed treatment. This funding from the Department of Justice will no doubt save lives and make West Virginia a safer, better place to live and a destination for companies to grow their operations.”
“I want to thank Attorney General Barr, the Office of Justice Programs and the Department of Justice for their support of West Virginia. U.S. Attorney Mike Stuart and I recognize that despite our record numbers of prosecutions, the opioid crisis in our state requires a plan of attack that includes education, community outreach and healthcare support,” said U.S. Attorney Powell for the Northern District of West Virginia. “These grants will help children exposed to the trauma and violence that the opioid crisis brings, add health services in our rural areas and identify at-risk individuals in an effort to divert them from a path of sorrow, heartbreak and other consequences. When we work together, real progress can be made.”
A $6.5 million grant to the DCJS will support the Handle With Care initiative, a statewide program that serves children exposed to trauma and violence. Funding also expands the West Virginia Law Enforcement Assisted Diversion, or LEAD, program, which steers low-level drug offenders away from prosecution. A third DCJS effort will provide telehealth services, including counseling and medication assisted treatment, to underserved and geographically isolated communities in the state. The remaining $1.5 million in Justice Department grants will support mental health services for at-risk youth in Berkeley County and a research-based peer recovery and data analysis program in the city of Charleston.
West Virginia’s opioid-related grants are part of more than $333 million in Justice Department awards going to states, tribes and communities to combat opioids and other drugs. Most of the funding is made available through the Comprehensive Opioid Abuse Program, which is designed to reduce opioid abuse and drug-related deaths by helping law enforcement agencies and treatment providers coordinate their response. Additional funds are being directed to address a nationwide increase in the abuse of methamphetamines. Overdose deaths from meth and other psychostimulants rose 25 percent annually between 2015 and 2018. Grants from the Department’s Office of Community Oriented Policing Services support anti-meth task forces aimed at taking down traffickers that supply cheap and highly pure forms of the drug.
The remainder of the state’s awards cover a wide range of criminal justice, juvenile justice and victim service activities. Grants will support school safety initiatives, law enforcement hiring and equipment purchases, services for domestic violence and sexual assault victims, inmate reentry services, DNA analysis, youth mentoring and efforts to combat online child exploitation and manage sex offenders. Awards were made by the three grant-making components of the Department of Justice — OJP, the COPS Office and the Office on Violence Against Women.
A full list of OJP awards, organized under specific grant programs, is available online at https://ojp.gov/funding/Explore/OJPAwardData.htm. For COPS awards, please visit https://cops.usdoj.gov/grants. OVW awards can be found at https://www.justice.gov/ovw/awards.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
About the Office on Violence Against Women:
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Danbury Man Charged in $1.1 Million Embezzlement SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian C. Turner Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that a federal grand jury in New Haven has returned a 10-count indictment charging ANTHONY TEIXEIRA, 50, of Danbury, with wire fraud offenses related to an embezzlement scheme. The indictment was returned on December 11, 2019, and Texiera was arrested yesterday.
As alleged in court documents and statements made in court, for more than 25 years, Teixeira was employed by Joseph Merritt & Company (“JMC”), a Hartford-based printing company. Teixeira most recently oversaw the JMC branch located in Danbury. Between approximately January 2012 and February 2019, Teixeira defrauded JMC and its customers by presenting sales orders, or test sales orders, to customers as though they were actually invoices. Customers, believing they were paying JMC for the work, then delivered payments into accounts that Teixeira controlled. Teixeira also stole printing-related inventory from JMC inventory and sold it online, but manipulated invoices to deceive JMC’s systems into thinking the company had sold the inventory. The loss attributable to Teixeira through these schemes is approximately $1.1 million.
The indictment charges Teixeira with 10 counts of wire fraud, an offense that carries a maximum term of imprisonment of 20 years on each count.
Teixeira is released on a $50,000 bond.
U.S. Attorney Durham stressed that an indictment 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 investigation is being conducted by the Federal Bureau of Investigation and Danbury Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Couple Sentenced to Nearly 20 Years in Prison for Distributing CrackRead the Press Release
NEWPORT NEWS, Va. – A Newport News couple has been sentenced to nearly 20 years in prison for their respective roles in manufacturing and trafficking narcotics in Hampton Roads.
According to court documents, Dynetta R. Littlejohn, 30, pleaded guilty earlier this year to possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime, and was sentenced today to five years in prison.
Littlejohn’s codefendant, Robert James Walker, 37, pleaded guilty to possession with intent to distribute cocaine base and two counts of possession of a firearm in furtherance of a drug trafficking crime, and was sentenced on October 23 to nearly 15 years in prison.
Littlejohn, was at home in August 2018, when law enforcement lawfully searched her residence and seized several narcotics to include MDMA, promethazine, marijuana, heroin, cocaine, and cocaine base. Police also seized two digital scales, $1,225 in cash, glassine bags and other drug packaging material, narcotics cutting agents, and other tools of the drug trafficking trade. Law enforcement also seized a loaded Ruger P90 .45 caliber semi-automatic handgun and additional ammunition. Littlejohn told officers that the items seized belonged to her. The search of the residence sprung from Littlejohn’s cohabitant, Walker, making an illegal U-turn mere hours earlier in a vehicle also filled with drugs, $3,091 in cash, and a loaded Glock GMBH 22, .40 caliber semi-automatic handgun.
This case is part of Project Safe Neighborhoods (PSN), which 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorney Peter G. Osyf prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-53.
Convicted Felon Sentenced for Fraud Scheme Involving Local NewspaperRead the Press Release
ALEXANDRIA, Va. – A previously convicted felon was sentenced today to 46 months in prison and ordered to forfeit $512,500 for defrauding investors of a local newspaper and unlawful possession of firearms by a previously convicted felon.
According to court documents, Brian Thomas Reynolds, 53, of Leesburg, defrauded both investors and lenders to a company that he controlled that operates a local newspaper in Loudoun County. Reynolds made several materially false and fraudulent representations to actual and potential investors and lenders regarding the existence and value of advertising contracts held by the company, and created fake advertising contracts when no such agreements existed. Reynolds also made materially false and fraudulent representations regarding the company’s historical advertising revenues and the amount of money that Reynolds and others had invested in the company, falsely claimed that another individual had agreed to “match” the investments of certain investors, falsely claimed to at least one investor that the company lacked any debt, and materially overstated the amount of money held by the company in its bank accounts.
Court documents also state that Reynolds created altered loan documentation to defraud an individual who had lent money to the company by changing the language of the loan agreement to conditions that were materially more favorable to Reynolds and his company than had actually been agreed to by the lender. Reynolds also made materially false representations regarding the number of issues previously distributed by the newspaper, and falsely claimed that a prominent businessperson served on the company’s advisory board, when in fact that individual held no position on the board and played no role in the operation of the business.
Reynolds, who has four prior felony convictions and is prohibited from possessing firearms, also pleaded guilty to unlawfully possessing seven firearms and associated ammunition.
This case is part of Project Safe Neighborhoods (PSN), which 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Timothy M. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Matthew Burke and Special Assistant U.S. Attorney Russell L. Carlberg prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 1:19-cr-70 and 1:19-cr-71.
Convicted Felon Charged with Illegal Re-EntryRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging OLGA MARINA FRANCO DEL-CID, 35, with illegal re-entry, identification document fraud, and false representation of social security account number. FRANCO DEL-CID will appear on these charges on December 16, 2019, at 2:00 pm before Magistrate Judge Katherine M. Menendez in U.S. District Court, in Minneapolis, Minnesota.
According to documents filed in court, FRANCO DEL-CID was previously removed from the United States on May 4, 2016, following a felony conviction on August 8, 2008, in Lyon County, for criminal vehicular homicide. On November 26, 2019, the defendant was found in the United States in violation of this previous removal. The defendant is further charged with identification fraud in the form of use of a false Permanent Resident Card (more commonly known as a “green card”) and social security fraud for falsely representing a social security number on an Employment Eligibility Verification Form I-9.
This case is the result of an investigation conducted by U.S. Immigration and Customs Enforcement.
Assistant U.S. Attorney Laura M. Provinzino is prosecuting the case.
Defendant Information:
OLGA MARINA FRANCO DEL-CID, 35
Inver Grove Heights, Minn.
Charges:
- Illegal re-entry after removal, 1 count
- Identification document fraud, 1 count
- False representation of social security account number, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Chinle Man Sentenced to 17.5 Years’ Prison for Second-Degree MurderRead the Press Release
PHOENIX – On December 2, 2019, Marcus Bryan Lee, 26, of Chinle, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 17.5 years’ imprisonment. Lee had previously pleaded guilty to second degree murder.
On August 5, 2017, during an altercation, Lee stabbed the victim, who later died as a result. Agents of the Federal Bureau of Investigation promptly began an investigation, which led to Lee’s arrest and prosecution. Lee is a member of the Navajo Nation, as was the victim, and the crime occurred near Pinon, Ariz., on the Navajo Nation Indian Reservation.
The investigation was conducted by agents of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
Camden Man Sentenced to 45 Months in Prison for Role in Stolen Identity Refund Fraud Scheme and Obstruction of JusticeRead the Press Release
CAMDEN, N.J. – A Camden man was sentenced today to 45 months in prison for cashing fraudulently obtained tax refund checks issued by the U.S. Treasury, unlawfully utilizing the stolen identities of residents of Puerto Rico to effectuate the scheme, and tampering with a witness, U.S. Attorney Craig Carpenito announced.
Alberto Sanchez, 34, previously pleaded guilty before U.S. District Judge Robert B. Kugler to five counts of an indictment: two counts of theft of government funds, two counts of aggravated identity theft and one count of tampering with a witness or victim. Judge Kugler imposed the sentence today in Camden federal court.According to documents filed in this case and statements made in court:
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that involves the use of stolen identities to commit tax refund fraud. SIRF schemes generally share a number of hallmarks. Perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico. They then complete Form 1040 tax returns using the fraudulently obtained information and falsifying wages earned, taxes withheld, and other data, always ensuring that the fraudulent tax return generates a refund. They direct the U.S. Treasury Department to mail refund checks to locations that the perpetrators control or can access. With the fraudulently obtained refund checks in hand, SIRF perpetrators generate cash proceeds by depositing the checks into bank accounts that they control or cashing the checks at check cashing businesses.
For the 2013 tax year, more than 3,300 SIRF tax returns were filed using the names and Social Security numbers of residents of Puerto Rico, and where the refunds were directed to be mailed to a small section of Pennsauken, New Jersey. Of the 3,300 returns filed, several of the refunds checks were issued and ultimately cashed at check cashing agencies in New Jersey, Philadelphia, and New York using false and fraudulent identifications, including fake New Jersey driver's licenses, fake Social Security cards, and fake Department of Homeland Security Permanent Resident Identification cards.
On March 28, 2018, Sanchez and others were indicted by a federal grand jury. According to the indictment, the defendants and their conspirators obtained stolen identities of residents of Puerto Rico to falsely and fraudulently generate income tax refund checks. The conspirators recruited mail carriers from the U.S. Postal Service as part of the scheme to steal the tax refund checks from the mail. The mail carriers were paid for every U.S Treasury check that was stolen. The conspirators paid “check couriers” to cash the tax refund checks in a variety of ways, including at check cashing businesses in and around Camden. The check couriers presented false and fraudulent identifications at the check cashing businesses matching the names on the tax refund checks in order to cash the checks. The scheme caused $565,091 in losses to the U.S. Treasury.
Sanchez admitted that during 2014, he cashed Treasury income tax refund checks that were issued to other people. He used an Alien Permanent Resident Identification Card, which had his photograph, but the name, address and identifying information of another individual, and a Social Security card, which had a name and Social Security number that matched the information on the income tax refund check. Sanchez also admitted that, upon finding out that another person was arrested for participating in the scheme, he told that person to lie to investigators.
In addition to the prison term, Judge Kugler sentenced Sanchez to three years of supervised release.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, Newark Field Office, and Special Agent in Charge Guy Ficco, Philadelphia Field Office; and special agents of the U.S. Postal Service Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, with the investigation leading to today’s sentencing. He also thanked the U.S. Postal Inspection Service for its assistance with the investigation.
The government is represented by Assistant U.S. Attorney Jason M. Richardson and Assistant U.S. Attorney Christina O. Hud of the Criminal Division.
Defense counsel: Jose Luis Ongay Esq., Camden
Cambridge Man Pleads Guilty to Federal Firearm OffenseRead the Press Release
BOSTON – A Cambridge man pleaded guilty yesterday in federal court in Boston for illegally possessing two firearms and over 150 rounds of ammunition.
Robert Brito-Pina, 27, pleaded guilty to one count of being a felon in possession of firearms and ammunition. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for April 13, 2020. Brito-Pina was arrested in April 2019, and has been in custody since.
Brito-Pina was arrested after the execution of a search warrant at his residence resulted in the seizure of two firearms and over 150 rounds of ammunition. The recovered items included a SCCY Model CPX-1 9mm caliber semi-automatic pistol loaded with eight rounds of ammunition; a Springfield Amory, Model XDM 9mm caliber semi-automatic pistol with an obliterated serial number, loaded with 18 rounds of ammunition; and an additional 131 rounds of assorted ammunition. Federal law prohibits Brito-Pina from possessing a firearm or ammunition because of a prior felony conviction.
The charge of being a felon in possession of firearms and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Cambridge Police Commissioner Branville G. Bard, Jr. made the announcement today.
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. PSN is part of the Department of Justice’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.
Buffalo Man Pleads Guilty to Heroin ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Hinca, 28, of Lancaster, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to distribute heroin. The charge carries a maximum penalty of 20 years in prison, and a maximum $1,000,000 fine.
Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that between December 2015 and June 2016, the defendant conspired with others to distribute heroin in the Western District of New York. Hinca was identified as a heroin dealer during a 2016 DEA investigation into a larger drug-trafficking network operating in the Buffalo area.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Sentencing is scheduled for April 1, 2020, before Judge Arcara.
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Boston Man Arrested for Armed RobberyRead the Press Release
BOSTON – A Boston man, dubbed the “Inconvenient Crook,” was arrested this morning and charged in connection with the armed robbery of a Quincy convenience store.
Tykei Hallman, 25, of Hyde Park, was charged in a criminal complaint unsealed today with one count of robbery involving use of a firearm. Hallman will make an initial appearance in federal court in Boston at 2:15 p.m.
According to the charging document, between May 2019 and November 2019, approximately 15 convenience-type stores were robbed in the Greater Boston area by a masked and armed individual. During each robbery, the suspect who appeared to be a male, was dressed in dark hooded outer garments, a mask obscuring his face and gloves. The suspect entered the convenience stores brandishing what appeared to be a black and silver semi-automatic handgun and demanded the stores’ cash. Based on the similarity of the robberies, witness statements, and video surveillance obtained from the locations, law enforcement determined that the same individual was responsible for these robberies. Hallman was identified as the robbery subject through physical surveillance, GPS data from cell phones and motor vehicle records.
The charging statute for a Hobbs Act robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Using and carrying a firearm during the commission of a crime of violence provides for a sentence of up to seven years in prison, to be served consecutive to the sentence imposed for robbery. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office made the announcement today. Assistance with the investigation was provided by the Quincy, Milton, Boston, Dedham, Woburn and Fitchburg Police Departments. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Baltimore Men Plead Guilty to Federal Robbery Charge for A String of 2018 Video Game Store RobberiesRead the Press Release
Baltimore, Maryland – Two Baltimore men, Stewart Williams, age 35, and Kelvin McFadden, age 26, have pleaded guilty to a federal robbery charge in connection with a series of four robberies of video game stores committed over a 12-day period. Williams and McFadden admitted that they brandished what appeared to be a firearm during each robbery. Williams entered his plea on December 11, 2019, and McFadden entered his plea on October 1, 2019.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; Chief Melissa R. Hyatt of the Baltimore County Police Department; and Chief Tim Altomare of the Anne Arundel County Police Department.
According to their plea agreements, between August 21, 2018 and September 1, 2018, Williams and McFadden robbed four video game stores, stealing electronic retail goods, such as video game systems, and cash. In each robbery Williams and McFadden entered the store, brandished what appeared to be a gun while accosting the victim employees, stole money from cash registers and/or safes, and forced the victim employees in the store’s “backroom” which contained the more expensive electronic goods, including video game systems, which they also stole. Each of the four robberies was captured on store security cameras.
Specifically, Williams and McFadden robbed: a store located in the 3600 block of Washington Boulevard in Halethorpe, Maryland, on August 21, 2018, stealing $874 in cash and three video game systems; a store located in the 6900 block of Security Boulevard in Baltimore City on August 25, 2018, stealing $2,839.58 in cash and three video game systems; a store locate in the 1000 block of Taylor Avenue in Towson, Maryland, on August 28, 2018, stealing $414 in cash and six video game systems; and a store located in the 6700 block of York Road in Baltimore, on September 1, 2018, stealing $968 in cash and 12 video game systems.
After the last robbery, responding police officers located McFadden’s car as he and Williams fled the scene of the robbery. Police dispatched a helicopter that was able to locate McFadden’s car and follow it. The officer in the helicopter saw Williams and McFadden stop the car near North Stricker Street in Baltimore, flee from the car, bang on the back door of an apartment, and enter the apartment. Police secured the location and knocked on the apartment door. The resident allowed the police to come inside, where police located Williams and McFadden. Search warrants were obtained for the vehicle and for the apartment. Law enforcement recovered numerous video game systems matching those that were stolen in the last robbery, hats that matched those worn by McFadden and Williams in several of the robberies as captured on the store security cameras, cash recovered inside a black trash bag, a black air pistol that matched the apparent handgun used during the four robberies, and wallets and cell phones belonging to Williams and McFadden.
Williams and McFadden each face a maximum sentence of 20 years in federal prison. Chief U.S. District Judge James K. Bredar has scheduled sentencing for McFadden on January 6, 202 at 11:00 a.m., and for Williams on April 7, 2020 at 10:00 a.m.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the ATF, the Baltimore City, the Baltimore County, and the Anne Arundel County Police Departments for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Daniel A. Loveland, Jr. and Clinton J. Fuchs, who are prosecuting the case.
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Baltimore Career Offender Pleads Guilty to Federal Charges for Distributing FentanylRead the Press Release
In a Separate Case, Calvert County Defendant is Facing a Minimum Mandatory Sentence of 20 Years and Up to Life in Federal Prison as a Result of his Indictment for Allegedly Distributing Fentanyl Resulting in Death
Baltimore and Greenbelt, Maryland – Davon Nelson, age 34, of Baltimore, pleaded guilty today to federal charges of distribution of fentanyl and conspiracy to distribute fentanyl. As part of his plea agreement, Nelson also admitted that he attempted to obstruct justice during the investigation of his case. This case is part of a federal-state initiative announced last year to combat the fentanyl crisis in Maryland.
Under this initiative, titled the “Synthetic Opioid Surge,” or “SOS” for short, every arrest involving distribution of fentanyl made by law enforcement in Baltimore is reviewed jointly by the State’s Attorney’s Office for Baltimore City, the Drug Enforcement Administration, and the U.S. Attorney’s Office to determine whether the case will be handled in the state or federal system. The U.S. Attorney’s Office is prosecuting more cases involving fentanyl as a result of this new program. The use of federal resources and statutes, which carry significant terms of imprisonment, is necessary to prosecute those individuals who pose the greatest threat to public safety in distributing lethal doses of fentanyl.
In a separate case, a federal grand jury has indicted Robert Steven Wagner, age 28, of Lusby, Maryland, on the federal charge of distributing fentanyl, resulting in the user’s death. The indictment was returned on December 4, 2019, and was unsealed late on December 12, 2019, at Wagner’s detention hearing.
The guilty plea of Nelson was announced by United States Attorney for the District of Maryland Robert K. Hur; State’s Attorney for Baltimore City Marilyn Mosby; Acting Assistant Special Agent in Charge Jennifer Sharpe of the Drug Enforcement Administration, Baltimore District Office; Commissioner Michael Harrison of the Baltimore Police Department,.
The indictment of Wagner was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police, for the Wagner case.
“Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution under the fentanyl SOS program,” said United States Attorney Robert K. Hur. “The cooperation of the U.S. Attorney’s Office, the Office of the State’s Attorney for Baltimore City, the DEA, and the Baltimore Police Department in reviewing every fentanyl case to determine those cases appropriate for federal prosecution is just one example of the efforts we are making to reduce the number of opioid overdose deaths in Maryland.”
According to Nelson’s plea agreement, on September 5, 2018, a Baltimore Police Department officer observed Nelson distribute a baggie containing 200 fentanyl gel capsules to his co-conspirator, Terrell Perry. The BPD officer called in the arrest team and Perry was arrested. A search of Perry recovered the baggie of 200 fentanyl gel caps. At the time Perry was arrested, Nelson had left the block on foot. Law enforcement obtained a search warrant for Nelson’s van and recovered an additional 200 gel caps of fentanyl powder. The total amount of fentanyl recovered was at least 32 grams, but no more than 40 grams, which is enough fentanyl to kill at least 16,000 people.
Following his arrest, Nelson called his girlfriend from pre-trial detention facilities and directed her to move “the white stuff” from underneath his tub and to give it to an associate so that person could sell it. Further, Nelson directed his girlfriend to lie to the police if they came to interview her about Nelson and directed his girlfriend to also have her mother lie to police, if she were interviewed.
Nelson faces a maximum sentence of 20 years in federal prison for the conspiracy and for distribution of fentanyl. U.S. District Judge Catherine C. Blake has scheduled sentencing for May 8, 2020, at 11:00 a.m. Terrell Perry, age 35, of Baltimore, previously pleaded guilty and was sentenced to 30 months in prison.
According to Wagner’s indictment, on October 7, 2018, Wagner distributed fentanyl to a victim, who subsequently died as a result of using the fentanyl obtained from Wagner. If convicted, Wagner faces a minimum mandatory sentenced of 20 years in federal prison and a maximum sentence of life in federal prison for distribution of fentanyl resulting in death. At yesterday’s detention hearing in U.S. District Court in Greenbelt, U.S. Magistrate Judge Thomas M. DiGirolamo ordered that Wagner be released under special conditions.
Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the Office of the State’s Attorney for Baltimore City, the DEA, the Baltimore Police Department; HSI; and the Maryland State Police for their work in these investigations. Mr. Hur thanked Assistant U.S. Attorneys Christopher M. Rigali, Leah Grossi, and Thomas M. Sullivan, who are prosecuting the Nelson and Wagner cases, respectively.
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Armed Career Criminal Sentenced to 20 Years for Illegally Possessing a Firearm Used in an Armed RobberyRead the Press Release
Memphis, TN – Alford Robinson, 33, has been sentenced to 240 months in federal prison for being a felon in possession of a firearm after he committed an armed robbery. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on September 22, 2016, Robinson robbed a victim at gunpoint and escaped in a blue Dodge Charger. The victim reported the robbery to police, who then put out a broadcast for the vehicle. Two MPD officers who heard the broadcast saw and stopped the car. The defendant immediately jumped out of the vehicle, climbed over a 6-foot privacy fence, and escaped from law enforcement. While searching the vehicle, law enforcement located two loaded Smith & Wesson .40 caliber pistols on the floorboards.
On February 23, 2017, Robinson was indicted in federal court for being a convicted felon in possession of a firearm, and was detained by a magistrate judge pending trial. He attempted to escape from federal prison 25 days prior to his original trial date. On March 13, 2018, Robinson was indicted in federal court and charged with attempted escape.
On June 26, 2018, Robinson pleaded guilty to the attempted escape and demanded a trial on the firearm charges. On February 21, 2019, after approximately 30 minutes of deliberation, a federal jury found him guilty of being a felon in possession of a firearm.
On December 12, 2019, Senior U.S. District Court Judge Samuel H. Mays sentenced Robinson to 240 months in federal prison followed by 3 years supervised release. Due to his five previous convictions for violent felonies, Robinson was classified as an armed career criminal and faced a mandatory minimum sentence of 15 years and up to life imprisonment. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Under our PSN initiative, we focus on removing firearms from the hands of prohibited persons, and removing dangerous felons from our streets. Clearly, this armed career criminal had no hesitation in committing a violent crime with a firearm, and he will now be removed from our community for at least 20 years. We are FED UP. Gun Crime is Max Time."
This case is part of Project Safe Neighborhoods (PSN) initiative, 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. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Shelby County Sheriff’s Office, the U.S. Marshals Service, the Memphis Police Department Felony Response Unit, and the PSN Task Force.
Assistant U.S. Attorneys J. William Crow and Stephen Hall prosecuted this case on behalf of the government.
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Amusement Park Employee Sentenced to 20 Years for Attempting to Entice A Child for SexRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore has sentenced Frederick M. Pohl, Jr. (41, Clermont) to 20 years in federal prison for attempting to entice a child for sex. Pohl had pleaded guilty to this offense on August 6, 2019.
According to court records, Pohl engaged in a series of online chat communications to arrange a sexual encounter with an 8-year-old girl. Pohl believed he was chatting with the child, and her father, but was actually communicating with an undercover federal agent in Detroit. Pohl sent lewd photos of himself and agreed to meet with the 8-year-old child at an Orlando hotel. When Pohl arrived at the hotel, he was arrested by federal agents from Detroit and Orlando. Pohl was found to be in possession of condoms and a pink dress suitable for a young child to wear.
At the time of his arrest, Pohl had been working at an Orlando amusement park where he was responsible for securing the lap bars on rides for children and adults. He was immediately terminated from that position following his arrest. The amusement park was fully cooperative with law enforcement during their investigation and there were no known instances of misconduct while Pohl was working there.
“Thanks to HSI special agents in Detroit and Orlando and the Florida Department of Law Enforcement, this child predator has been stopped and he will be held accountable for his crimes,” said HSI Orlando Assistant Special Agent in Charge David J. Pezzutti.
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to 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.
Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Nancy D. Freudenthal sentenced ZACHARIAH ISAIAH MARES, 29, of Thornton, Colorado on December 9, 2019 for conspiracy to distribute cocaine. Mares was arrested in Adams County, Colorado. He received thirty months of imprisonment, to be followed by forty-eight months of supervised release, and ordered to pay a $100.00 special assessment. The Wyoming Division of Criminal Investigation investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced BRANDON JOSEPH RUNYON, 29, of Lusk, Wyoming on December 12, 2019 for being a felon in possession of a firearm. Runyon was arrested in Gillette, Wyoming. He received forty-six months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment. The Wyoming Highway Patrol and US Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
20-Time Convicted Felon Sentenced to 10 Years in Federal Prison on Firearms ChargeRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore has sentenced Willie Lee Lewis (48, Ocala) to 10 years in federal prison for possessing a firearm as a convicted felon. Lewis had pleaded guilty on March 12, 2019.
According to the plea agreement, on November 28, 2018, a City of Ocala police officer attempted to stop Lewis for a tag violation. Rather than pulling over, Lewis led the officer on a low-speed chase to his home where he discarded a loaded pistol, cocaine, and marijuana from the window of his van. Police recovered these items and arrested Lewis, who subsequently placed a recorded telephone call from the county jail in which he described the firearm and drugs that he had tried to discard.
At the time of the offense, Lewis had 20 prior state felony convictions, including multiple drug sales and illegal firearms offenses. He is prohibited from possessing firearms and ammunition under federal law.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Ocala Police Department jointly investigated this case. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
$8.5 Million in Grants Awarded in Western District of Wisconsin to Address Opioid CrisisRead the Press Release
MADISON, WIS. - The U.S. Justice Department’s Office of Justice Programs today announced awards of more than $333 million to help communities affected by the opioid crisis. In the Western District of Wisconsin, $8,498,212 will help public safety and public health professionals combat substance abuse and respond effectively to overdoses.
“The opioid epidemic is the deadliest drug crisis this country has ever faced,” said Attorney General William P. Barr. ‘“The Department of Justice is committed to using all means available to bring drug traffickers to justice, disrupt the supply chain, support our law enforcement officers, and help the victims.”
“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”
With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.
“In Wisconsin, thousands are struggling with addiction, hundreds have died from overdoses, and too many families have been devastated by opioids,” said U.S. Attorney Blader. “These grant funds will allow our communities to continue to combat this epidemic through education, community outreach, and treatment.”
The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.
The following awards were made to organizations in the Western District of Wisconsin:
Comprehensive Opioid Abuse Site-Based Program – Category 1
Category 1 grants are designed to encourage and support the development of comprehensive, locally driven responses to the opioid epidemic that expand access to supervision, treatment and recovery support services across the criminal justice system; support law enforcement and other first responder diversion programs for non-violent drug offenders; promote education and prevention activities; and address the needs of children impacted by the opioid epidemic. All projects are expected to involve multiple agencies and partners.
City of Madison $1,200,000
Bad River Band of Lake Superior Tribe of Chippewa Indians $551,170
Juneau County $600,000
Comprehensive Opioid Abuse Site-Based Program – Category 2
Category 2 is designed to support states in their efforts to implement, enhance or evaluate effective opioid-related efforts within the criminal justice system.
Wisconsin Department of Justice $5,000,000
Adult Drug Courts and Veterans Treatment Courts Program - Category 1
Category 1 grants are for the implementation of new drug courts.
Juneau County $500,000
Family Drug Court Program
This program is designed to build the capacity of state and local courts to sustain existing family drug courts or establish new ones. These courts serve parents who require treatment for a substance abuse disorder and who are involved with the child welfare system as a result of child abuse, neglect or other parenting issues.
Barron County $646,951
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
12 December 2019
Winchester Man Sentenced for Armed Hobbs Act Robbery of Martin’s Food PharmacyRead the Press Release
Harrisonburg, VIRGINIA – A Winchester man, who in January 2019 committed an armed robbery at Martin’s Food in Winchester, was sentenced yesterday in U.S. District Court in Harrisonburg to 138 months in prison after previously pleading guilty to a pair of related federal charges. United States Attorney Thomas T. Cullen and Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] Washington Field Division Ashan M. Benedict made the announcement today.
Carl William Morris, 44, who pleaded guilty in August 2019 to one count of Armed, Hobbs Act Robbery and one count of discharging a firearm during and in relation to a crime of violence, was also ordered to pay $14,000 in restitution.
According to court documents, on January 18, 2019, Morris approached a pharmacy clerk at the cash register at Martin’s Food on Gateway Drive in Winchester. While the clerk was ringing up a purchase, Morris pulled a black handgun from his waistband and directed the clerk to “give me all your pain meds.” The clerk complied with Morris’ demand and handed over multiple bottles of controlled substances, including Oxycontin valued at over $2,000.
The defendant took four bottles of the medication and fled the store. A second pharmacy clerk followed Morris out of the store and into the parking lot. Upon seeing the second clerk, Morris discharged his firearm in the clerk’s direction. The bullet did not strike the clerk. After firing his weapon, Morris fled into a nearby wooded area where he was tracked by a police canine officer and ultimately apprehended by law enforcement.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Frederick County Sheriff’s Office. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
West Columbia Man Sentenced to 77 Months for Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- Acting United States Attorney A. Lance Crick announced today that Justice Towan Roundtree, 27, of West Columbia, was sentenced to 77 months in federal prison, followed by 3 years of supervised release, after pleading guilty to being a felon in possession of a firearm and ammunition. Senior United States District Judge Cameron McGowan Currie of Columbia imposed the sentence. There is no parole in the federal system.
Evidence presented in court established that on February 7, 2019, an officer with the West Columbia Police Department conducted a traffic stop on North Street in West Columbia after seeing the driver of the vehicle commit a traffic violation. The officer made contact with the driver and noticed the odor of marijuana coming from the vehicle. The backseat passenger, after giving the officer false identification, was determined to be Roundtree. A search of the vehicle uncovered a quantity of marijuana, three handgun magazines, and 238 rounds of miscellaneous ammunition. During an officer pat-down of Roundtree, a fully loaded Kel-Tec P32 .32 caliber handgun was found concealed on his person. Approximately two grams of crack and a quantity of marijuana and Xanax pills were also located on his person. Roundtree was arrested on state charges and thereafter, a federal warrant was issued.
Federal law prohibits Roundtree from possessing firearms and ammunition based upon his prior state convictions for strong armed robbery and burglary second degree. At the time of the current offense, Roundtree was on state probation. Roundtree is a validated member of a street gang.
The case was investigated by the Federal Bureau of Investigation and the Lexington County Sheriff’s Department and was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), 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. Special Assistant United States Attorney Casey Rankin Smith of the 11th Circuit Solicitor’s Office prosecuted the case.
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Two Men Charged with Second Armed Bank RobberyRead the Press Release
ALBANY, NEW YORK – A grand jury yesterday returned a superseding indictment charging two men with the February 6, 2019 armed robbery of an Albany bank in which approximately $150,000 was stolen.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Chief Eric Hawkins of the Albany Police Department (APD).
The superseding indictment adds charges against Christopher J. Cohn a/k/a “Wolf,” age 26, of Albany, and Ulysses Jessie Walls a/k/a “Guwala,” age 26, of Rensselaer, New York, for armed bank robbery.
According to the superseding indictment and other court filings, Cohn and Walls entered a Trustco Bank branch in Albany on the afternoon of February 6, 2019, each wearing a ski mask and Walls displaying a gun, and threatened to shoot the bank’s employees if they did not comply with the pair’s demands. Approximately $150,000 was taken during the robbery.
The initial indictment in this case, returned on July 24, 2019, charged Cohn and Walls with armed bank robbery and use of a firearm during a crime of violence in connection with a February 26, 2019 robbery of an M&T Bank branch located in North Greenbush.
The charges in the superseding indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Cohn and Walls have been in custody since February 26, 2019.
If convicted of all charges, Cohn and Walls would each face at least 20 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI, the New York State Police, the Town of North Greenbush Police Department, APD, and the Albany County Sheriff’s Office, with the assistance of the Rensselaer County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Wayne A. Myers.
Two Florida Residents Plead Guilty to Passing Counterfeit Checks in Multiple StatesRead the Press Release
PITTSBURGH - Two residents of Orlando, Florida, pleaded guilty in federal court to charges of conspiracy to pass counterfeit bank checks, United States Attorney Scott W. Brady announced today.
Calar Braxton, aka Vivian Hugo, aka Taylor Crimson, 45, and Brian Omar Campbell, aka Vincent Hugo, aka Troy Crimson, 30, pleaded guilty to two counts before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that in September 2017, Braxton and Campbell flew to Pittsburgh and rented a room at motel located in North Fayette Township. Afterwards, they and another member of the conspiracy went to Imperial and Coraopolis, Pennsylvania, to steal outgoing mail from residential mailboxes. The stolen mail was taken back to the motel, where it was opened. If the mail contained a check, the check’s account information and routing number were used to prepare counterfeit checks. They then used the counterfeit checks to purchase merchandise from stores located in and around the Mall at Robinson. The conspirators targeted national chains with the intention of obtaining a cash refund for ill-gotten merchandise at a counterpart store located in another state. The scheme came to an end when members of the North Fayette Township Police Department obtained a warrant for the motel room and searched. During the search, the police recovered blank check stock; a laser jet printer; a laptop computer; a false identification cards for Braxton and Campbell. As part of their plea agreement, both defendants acknowledged that they had also passed counterfeits checks in the following states: Alabama, Florida, Georgia, North Carolina, South Carolina and Texas.
Judge Horan scheduled Braxton’s sentencing for April 1, 2020, and Campbell’s was scheduled for April 2, 2020. The law provides for a total sentence of 35 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued the defendants’ detention.
Assistant United States Attorney is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the North Fayette Township Police Department conducted the investigation that led to the charges in this case.
Two Dallas Men Plead Guilty to Hate Crimes After Using Dating App to Target Gay Men for ViolenceRead the Press Release
Daryl Henry, 24, and Pablo Ceniceros-Deleon, 19, pleaded guilty today to a federal hate crime and other charges in connection with their involvement in a scheme to target gay men for violent crimes following an investigation by the FBI’s Dallas Field Office, announced Assistant Attorney Eric Dreiband of the Justice Department’s Civil Rights Division and U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Daryl Henry pleaded guilty to a hate crime act, conspiracy to commit hate crimes, kidnapping, and carjacking. Pablo Ceniceros-Deleon pleaded guilty to a hate crime act, carjacking, and use of a firearm during and in relation to a crime of violence.
“Kidnappings, carjackings, thefts, sexual assaults, and armed, violent attacks against innocent people are heinous crimes, and when perpetrators commit those crimes against victims because of their sexual orientation, the U.S. Department of Justice will continue zealously to seek justice for the victims and to punish the perpetrators to the full extent of the law,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Prosecuting those who commit such monstrous acts because of victims’ sexual orientation is a priority of the Department of Justice, and we will continue to bring to justice anyone who commits such hateful, violent crimes.”
“These defendants used Grindr to single out their victim based on sexual orientation – something the Northern District of Texas simply will not tolerate,” said U.S. Attorney Erin Nealy Cox for the Northern District of Texas. “Unfortunately, this is not the first time a dating app user has fallen victim to a violent crime. I’m urging the public to be vigilant about the dangers lurking online.”
“One of the FBI’s top priorities is to defend the civil rights of the communities we serve. We actively work with our law enforcement partners to investigate hate crimes and achieve justice for the victims impacted by these violent crimes,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The victims in this case were specifically targeted because of their sexual orientation. The FBI wants to reassure the public that we will pursue individuals who commit violent hate acts against any member of our community.”
According to court documents filed in connection with their guilty pleas, both Henry and Ceniceros-Deleon admitted Grindr, a social media dating platform primarily used by gay men, was used to lure gay men to a vacant apartment and other areas in and around Dallas for robbery, carjacking, kidnapping, and hate crimes. Henry admitted that he and others held the victims against their will in the vacant apartment. Ceniceros-Deleon admitted that he and others traveled to local ATMs to withdraw cash from the victims’ accounts. Both Henry and Ceniceros-Deleon admitted that while the victims were being held captive they were subjected to taunts based upon the co-conspirators’ perception of the men’s sexual orientation.
In addition, Ceniceros-Deleon admitted to being the gunman in a Dec. 7, 2017, carjacking where he and others used Grindr to lure a man to a location and then forced the man, at gunpoint, to drive the conspirators to local ATMs to withdraw cash from the man’s account.
In March of 2019, Michael Atkinson pleaded guilty to conspiracy and kidnapping charges in connection with this case. Atkinson will be sentenced in February of 2020. Sentencing for both defendants is set for April 1, 2020.
The Federal Bureau of Investigation’s Dallas Field Office conducted the federal investigation; a separate criminal investigation is being conducted by the Dallas Police Department. Assistant U.S. Attorney Nicole Dana of the Northern District of Texas along with Special Litigation Counsel Rose E. Gibson and Trial Attorney Kathryn Gilbert of the Justice Department’s Civil Rights Division are prosecuting the case.
Three Plead Guilty to Smuggling More Than $1 Million into St. ThomasRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced that Ashen Tirado-Tapia, Jahniel Fuertes-Robles, and Abdiel Rivera-Medina pleaded guilty yesterday to attempting to smuggle over $1 million into St. Thomas by boat.
According to court documents filed in the case, on September 17, 2019, at approximately 1:26 a.m., the defendants, Ashen Tirado-Tapia, Jahniel Fuertes Robles, and Abdiel Rivera Medina, were onboard a 25’ center console vessel travelling with no navigation lights near the western portion of St. Thomas. A Customs Border Patrol Air and Marine (AMO) coastal interceptor vessel (CIV) from St. Thomas responded in an attempt to contact the vessel. When AMO activated blue lights and sirens to initiate a stop, the boat and its occupants increased their speed, forcing the agents to fire several warning shots, and eventually disabling rounds, into the motor. During the pursuit, agents observed Fuertes-Robles and Rivera-Medina throwing a black duffel bag and GPS overboard. After AMO stopped the vehicle, agents boarded and detained all three individuals. Agents identified defendant Ashen Tirado-Tapia as the boat’s captain. AMO agents returned to where they had seen the defendants throwing something overboard and recovered a GPS unit and the black duffel bag in the water. The duffel bag contained one million one hundred and twenty eight thousand nine hundred and forty dollars ($1,128,940.00) in U.S. Currency.
This case is being investigated by the Department of Homeland Security. It is being prosecuted by Assistant United States Attorney Juan Albino. The defendants will be sentenced at a later date.
Ten Former NFL Players Charged in Alleged Nationwide Fraud on Health Care Benefit Program for Retired NFL PlayersRead the Press Release
Ten former National Football League (NFL) players have been charged in the Eastern District of Kentucky for their alleged roles in a nationwide fraud on a health care benefit program for retired NFL players.
The alleged fraud targeted the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan), which was established pursuant to the 2006 collective bargaining agreement and provided for tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance and that were incurred by former players, their wives and their dependents – up to a maximum of $350,000 per player. According to the charging documents, over $3.9 million in false and fraudulent claims were submitted to the Plan, and the Plan paid out over $3.4 million on those claims between June 2017 and December 2018.
“Ten former NFL players allegedly committed a brazen, multi-million dollar fraud on a health care plan meant to help their former teammates and other retired players pay legitimate, out-of-pocket medical expenses,” said Assistant Attorney General Benczkowski. “Today’s indictments underscore that whoever you are, if you loot health care programs to line your own pockets, you will be held accountable by the Department of Justice.”
“The defendants are alleged to have developed and executed a fraudulent scheme to undermine a health care benefit plan established by the NFL – one established to help their former teammates and colleagues pay for legitimate medical expenses,” said U.S. Attorney Robert M. Duncan Jr., for the Eastern District of Kentucky. “The defendants allegedly submitted false claims to the plan and obtained money for expensive medical equipment that was never purchased or received, depriving that plan of valuable resources to help others meet their medical needs. We have prioritized the investigation and prosecution of health care fraud in our office, and we appreciate the partnership we share with the Criminal Division and the FBI in pursuing these important matters.”
“This investigation serves as an illustration of the rampant and deliberate scams against health care plans occurring daily throughout the country,” said FBI Special Agent in Charge George L. Piro of the Miami Field Office. “In this case, these fraudsters pocketed money from the Gene Upshaw National Football League Health Reimbursement Account Plan that was intended for former NFL players who are ill or infirm. Over 20 FBI field offices participated in this investigation which demonstrates the level of commitment we have to rooting out this type of fraud.”
Two separate indictments filed in the Eastern District of Kentucky outline two alleged conspiracies involving different players related to the same scheme to defraud the Plan. Those charged in the indictments are the following:
- Robert McCune, 40, of Riverdale, Georgia, is charged with one count of conspiracy to commit wire fraud and health care fraud, nine counts of wire fraud and nine counts of health care fraud.
- John Eubanks, 36, of Cleveland, Mississippi; Tamarick Vanover, 45, of Tallahassee, Florida; and Carlos Rogers, 38, of Alpharetta, Georgia, are each charged with one count of conspiracy to commit wire fraud and health care fraud, two counts of wire fraud and two counts of health care fraud.
- Clinton Portis, 38, of McLean, Virginia; Ceandris Brown, 36, of Fresno, Texas; James Butler, 37, of Atlanta, Georgia; and Fredrick Bennett, 35, of Port Wentworth, Georgia, are each charged with one count of conspiracy to commit wire fraud and health care fraud, one count of wire fraud and one count of health care fraud.
- Correll Buckhalter, 41, of Colleyville, Texas, and Etric Pruitt, 38, of Theodore, Alabama, are charged with one count of conspiracy to commit wire fraud and health care fraud.
In addition, the government has filed notice that it intends to file criminal informations charging Joseph Horn, 47, of Columbia, South Carolina, and Donald “Reche” Caldwell, 40, of Tampa, Florida, with conspiracy to commit health care fraud in the Eastern District of Kentucky.
The indictments charge that the scheme to defraud involved the submission of false and fraudulent claims to the Plan for expensive medical equipment – typically between $40,000 and $50,000 for each claim – that was never purchased or received. The expensive medical equipment described on the false and fraudulent claims included hyperbaric oxygen chambers, cryotherapy machines, ultrasound machines designed for use by a doctor’s office to conduct women’s health examinations and electromagnetic therapy devices designed for use on horses.
According to allegations in the indictments, McCune, Eubanks, Vanover, Buckhalter, Rogers and others recruited other players into the scheme by offering to submit or cause the submission of these false and fraudulent claims in exchange for kickbacks and bribes that ranged from a few thousand dollars to $10,000 or more per claim submitted. As part of the scheme, the defendants allegedly fabricated supporting documentation for the claims, including invoices, prescriptions and letters of medical necessity. After the claims were submitted, McCune and Buckhalter allegedly called the telephone number provided by the Plan and impersonated certain other players in order to check on the status of the false and fraudulent claims.
This case was investigated by the FBI and is being prosecuted by the Health Care Fraud Unit of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Kentucky. The investigation included efforts by various FBI Field Offices and Resident Agencies, including: Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah; and Washington, D.C.
Trial Attorneys John (Fritz) Scanlon, Alexander J. Kramer and Thomas J. Tynan of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Paul C. McCaffrey and Andrew E. Smith of the Eastern District of Kentucky are prosecuting the cases.- Robert McCune, 40, of Riverdale, Georgia, is charged with one count of conspiracy to commit wire fraud and health care fraud, nine counts of wire fraud and nine counts of health care fraud.
Two Men Charged Federally with Armed Robberies of Cell Phone Stores and a Female Charged with Illegal Purchase and Transfer of FirearmsRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on December 10, 2019, a federal grand jury returned an 18-count indictment against Maurice Tolbert (age 40) of Milwaukee and Richard Tolbert (age 36) of Chicago, charging them with a series of robberies of cell phone stores in Milwaukee and West Allis between April 27, 2019, and October 29, 2019. Further, Angel Price (age 29) of Milwaukee is charged with illegally purchasing and transferring firearms to a felon between March 11, 2019, and October 6, 2019.
All three defendants are charged with conspiracy to illegally obtain firearms and use those firearms to commit robberies. Maurice Tolbert is charged with committing four robberies of cell phone stores, in violation of the Hobbs Act, and using, carrying, and brandishing firearms during those robberies. Richard Tolbert is charged with committing three robberies of cell phone stores, in violation of the Hobbs Act, and using, carrying, and brandishing firearms during those robberies. Angel Price is charged with four counts of being a straw purchaser of firearms and four counts of providing firearms to a felon.
If convicted of the charges in the indictment, defendants Maurice and Richard Tolbert face up to twenty years of imprisonment, five years of supervised release, and a $250,000 fine as to each of the Hobbs Act robberies. Each of the brandishing of a firearm counts involves a mandatory minimum sentence of seven years and a maximum of life in prison, which must run consecutive to any other sentence. Angel Price faces a maximum of ten years of imprisonment, three years of supervised released, and a $250,000 fine as to each of the firearm counts. On the conspiracy charge, each defendant faces up to five years of imprisonment, up to three years of supervised released, and a $250,000 fine.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
This case was investigated by the FBI’s Milwaukee Area Violent Crimes Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Milwaukee Police Department, the West Allis Police Department, and the Milwaukee County District Attorney’s Office. This case is being prosecuted by Assistant United States Attorney Margaret B. Honrath.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which time the government must prove guilt beyond a reasonable doubt.
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Superseding Indictment Charges Another St. Louis Police Officer for Civil Rights Violations and False Statements to the FBIRead the Press Release
St. Louis – A federal grand jury returned a superseding indictment today against three St. Louis Metropolitan Police Department (SLMPD) Police Officers for their conduct in connection with the arrest and assault of a fellow SLMPD police officer who was working undercover in downtown St. Louis during protests following the 2017 acquittal of a former SLMPD officer of a first-degree murder charge brought by the State of Missouri relating to the shooting death of a civilian.
The superseding indictment added Officer Steve Korte, 42, charging him with civil rights violations and providing false statements to the FBI. Officers Dustin Boone, 36; Christopher Myers, 28; Randy Hays, 32; and Bailey Colletta, 26, were indicted in the initial indictment filed on November 29, 2018. The charges include deprivation of constitutional rights, obstruction of justice and perjury.
During the protests, SLMPD officers were deployed throughout the area to monitor protest activity and respond if necessary. According to the indictment, on the evening of September 17, 2017, a SLMPD police officer was working in an undercover capacity in downtown St. Louis in order to document any criminal activity being committed during the protests. Around 10:00 p.m. in the area of 14th Street and Olive Street near the St. Louis Public Library, SLMPD Officers Boone, Myers, and Korte approached the undercover officer, forcefully brought him to the ground, and violently beat him causing severe injuries that have required multiple surgeries.
Randy Hays pled guilty on November 8, 2018 to deprivation of constitutional rights and will be sentenced on March 17, 2020. Bailey Colletta pled guilty on September 6, 2019 to false statements to the grand jury and will be sentenced on April 10, 2020.
Officer Myers also faces a Destruction of Evidence charge for destroying the cellular phone of the beating victim on the night of September 17, 2017.
Officers Boone, Myers, Korte are each charged with one count of deprivation of rights under color of law resulting in bodily injury, which is a violation of 18 U.S.C. § 242. That charge carries a maximum penalty of ten years in prison, a fine of $250,000, or both imprisonment and a fine.
Officer Korte is also charged with providing false statements to the FBI which carries a maximum penalty of five years in prison, a fine of $250,000, or both imprisonment and a fine.
The evidence destruction charge carries maximum penalties of twenty years in prison, a $250,000 fine, or both.
As is always the case, the charges in an indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty.
Stash house operators convictedRead the Press Release
HOUSTON – Three men have been convicted for transporting and harboring illegal aliens in locked and boarded-up trailers in Houston, announced U.S. Attorney Ryan K. Patrick.
Albino Vargas-Hernandez, 48, a Mexican citizen who resided in Houston, and Rene Camacho, 47, Houston pleaded guilty today to conspiracy to transport and harbor illegal aliens. A third man – Mexican national Hiram Lamarca-Gonzalez, 21, who also resided in Houston - entered his plea Dec. 4.
The investigation revealed that from approximately July 9, 2018, through on or about Aug. 22, 2018, multiple suspected aliens had arrived and departed trailers in Houston, which were locked and had boards on the windows. On several occasions, Vargas left his residence, picked up illegal aliens from the stash house and delivered them to others.
Law enforcement obtained search warrants on the Vargas residence as well as the stash houses. During that time, authorities found Vargas and Camacho inside one of the trailers along with 12 undocumented aliens. The aliens identified Vargas and Camacho as leaders of the smuggling organization, in charge of documenting alien information in ledgers and collecting payments for the those smuggled into the country. They also recovered multiple firearms, “pollo” lists (alien smuggling ledgers keeping track of alien and payment information), money service wire receipts and approximately $224,000 in cash.
Authorities also arrested Lamarca for guarding the aliens at the stash house.
U.S. District Judge Alfred H. Bennett accepted the pleas today set sentencing for Feb. 13, 2020. Lamarca is also set for that date. At that time, each faces up to 10 years in federal prison and a possible $250,000 maximum fine.
Camacho was permitted to remain on bond, while the others are in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Richard Bennett prosecuted the case.
South Windsor Cocaine Trafficker Sentenced to More Than 8 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, announced that IGNACIO BRUNO, 33, of South Windsor, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 102 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, Bruno coordinated the shipment of cocaine through the U.S. Mail from suppliers in Puerto Rico to various addresses in Connecticut and elsewhere in the northeastern U.S. Bruno’s co-conspirator, Juan Lugo Del Valle, mailed some of the parcels at Bruno’s direction from Puerto Rico. Bruno paid certain Connecticut residents to use their residences to receive cocaine parcels that had been mailed. During the course of the investigation, law enforcement personnel seized multiple kilograms of cocaine that were attributable to Bruno.
Bruno has been detained since his arrest on April 12, 2018. On September 18, 2019, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine.
“Today’s sentencing should give fair warning to those who use the U.S. Mail to distribute cocaine and other illegal narcotics, that Postal Inspectors will investigate and seek prosecution of those individuals,” said Inspector in Charge Cronin. “We will vigorously pursue traffickers who put our communities at risk by allowing these highly addictive drugs into our state.”
Lugo Del Valle pleaded guilty to the same offense and, on November 19, 2019, was sentenced to 60 months of imprisonment.
This matter was investigated by the U.S. Postal Inspection Service and the Hartford and Southington Police Departments. The case was prosecuted by Assistant U.S. Attorney S. Dave Vatti.
South Beloit Man Pleads Guilty to Producing Child PornographyRead the Press Release
ROCKFORD — A South Beloit man pleaded guilty today before U.S. District Judge Matthew F. Kennelly to charges of producing child pornography.
ADRIAN C. PETERS, 26, admitted in a written plea agreement that from October 2012 to December 2014 he enticed seven minor victims - ages 14 to 17 - to engage in sexually explicit conduct for the purpose of producing a recording of such conduct on computers. Peters then transmitted some of the videos via the internet. The minor victims were from Illinois, Wisconsin, and Arizona.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Office of the FBI. The Winnebago County Sheriff’s Office and the South Beloit Police Department assisted in the investigation. The government is represented by Assistant U.S. Attorney Michael D. Love.
Each count of producing child pornography carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years. Sentencing is set for April 17, 2020, at 9:30 a.m.
Six-Time Felon Sentenced to Federal Prison for Illegal Possession of AmmunitionRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Carlos Lamont Holt, III, a/k/a, “Heavy”, 54, of Anchorage, was sentenced yesterday by U.S. District Judge Sharon L. Gleason, to serve 72 months in federal prison for being a felon in possession of ammunition.
According to court documents, on Nov. 18, 2018, Holt entered the lobby of the Black Angus Inn and got into a verbal altercation with the front desk clerk. Holt then exited the lobby, pulled out a firearm and fired several shots into the lobby of the Black Angus Inn. Holt then got into the passenger seat of a 2006 Ford Focus and drove away. Holt was identified as the shooter by the front desk clerk, security guard, and several passengers in the Ford Focus. The Anchorage Police did not recover the firearm, but did recover the shell casings of the bullets shot by Holt into the Black Angus Inn lobby. Holt has 30 prior criminal convictions, to include six prior felony convictions, along with multiple drug possession and drug trafficking offenses.
Before imposing a sentence, Judge Gleason commented that civilized society is not a place where people can resolve disputes by firing weapons into hotel lobbies, and this creates a danger to the community. Judge Gleason hoped this sentence would act as a deterrent to other individuals that have felony convictions that seek to possess firearms and that this sentence would protect the community from Mr. Holt while he was in custody.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Kelly Cavanaugh.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was made possible by investigative leads generated from ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crime involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
Shallotte Man Sentenced for Cocaine Base (Crack) DistributionRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge James C. Dever, III sentenced SPENCER LAMONT BRYANT, 33, of Shallotte, NC, today. BRYANT was sentenced to 210 months imprisonment and 5 years of supervised release.
On August 20, 2019, BRYANT pled guilty to conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base (crack) and to distribution of a quantity of cocaine base.
In April, 2011, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in Wilmington, North Carolina and the Brunswick County Sheriff’s Office (BCSO) identified BRYANT as a high-volume cocaine base (crack) supplier in the Brunswick County area. With the assistance of several confidential sources of information (CI), officers conducted ten controlled purchases from BRYANT, seizing a total of 265.55 grams of cocaine base (crack) from BRYANT.
Officers also interviewed multiple witnesses who described BRYANT’s drug trafficking operation. Based on those interviews and the amounts seized by law enforcement directly from BRYANT between at least June 30, 2007, and March 22, 2019, BRYANT was held accountable for the distribution of at least 14 kilograms of crack.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Brunswick County Sheriff’s Office investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Sex Offender Pleads Guilty to Failing to RegisterRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced that Carl N. Decicco, III pled guilty on Monday morning for Failing to Register as a Sex Offender; the day his jury trial was set to begin.
The defendant was previously convicted of first degree sexual contact with a minor under the age of thirteen. As a result of this conviction, defendant was required to register as a sex offender under both Virgin Islands and United States law. From March of 2018 until his arrest in August 2019, defendant failed to appear and update his registration forms as required by law. The defendant was arrested on August 14, 2019 by the U.S. Marshals Service.
The case was investigated by the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Donna Rainwater. The defendant will be sentenced at a later date.
Selma Men Sentenced for Armed CarjackingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Timical Hall and Tyre J. Webster of Selma, Alabama, were sentenced in federal court for their roles in an armed carjacking. In August 2019, Hall pleaded guilty to two charges—carjacking and brandishing a firearm in furtherance of a crime of violence. A week later, Webster pleaded guilty on two counts—carjacking and conspiring to commit carjacking.
At approximately 8:50 pm on February 5, 2019, the victim pulled over to the side of the road in Valley Grande, Alabama, to reply to a text message. Hall and his co-defendants, Webster and Rayford D. Mitchell, pulled up behind the victim in a stolen Nissan Altima. The three men exited the Nissan and approached the victim’s vehicle. Hall and Mitchell each wore masks and were armed with loaded firearms. Mitchell approached the driver’s side where the victim was sitting with her window cracked, pointed a gun to the victim’s temple, and ordered her to open the door “before I blow your fucking brains out.” Mitchell repeatedly poked the victim in her shoulder with the barrel of the gun. As she opened the door, Mitchell reached into the vehicle, grabbed the victim, and threw her down on the concrete. Simultaneously, Hall approached the front passenger’s side of the vehicle and beat on the glass window with his gun until it shattered. Mitchell told the victim, “You better be glad I don’t want to kill a bitch tonight or you would be a dead bitch.” One of the men asked the victim for her money and she replied that it was in her wallet in the vehicle. Mitchell grabbed the victim and shoved her into the vehicle, demanding that she retrieve the wallet and give it to him. The victim complied. Hall then approached the victim, put the barrel of his firearm to her chest, and ordered her to give him her cell phone and the code for it. The victim provided the cell phone but not the code. The three men then fled the scene; Mitchell drove away in the victim’s vehicle, which had the victim’s purse inside, while Hall and Webster fled in the stolen Nissan.
Video surveillance depicts all three assailants rummaging through the victim’s purse at an apartment complex minutes after the carjacking. Law enforcement located the victim’s purse and items belonging to the victim within approximately 15 feet of that location. Later during the evening of the carjacking, police officers located the defendants in the stolen Nissan at a local convenience store. Mitchell unsuccessfully attempted to flee but was apprehended in possession of a .9mm pistol. Police located Hall and a 7.62x39 caliber, AK-style firearm in the stolen Nissan. Webster eluded capture and was arrested approximately a week later.
On December 4, 2019, Senior United States District Judge Callie V.S. Granade sentenced Hall to a term of 121 months’ imprisonment, consisting of 37 months on the carjacking charge and 84 months on the gun charge, ordering that the sentences run consecutively. Hall will serve a term of five years on supervised release upon the completion of his sentence. For his role in the offense, on December 4, 2019, Judge Granade sentenced Webster to 63 months’ imprisonment and a three-year term of supervised release. Hall and Webster were not ordered to pay a fine, but the judge withheld an order on restitution in an amount to be determined. The court also ordered each defendant to pay $200 in special assessments. The court sentenced Mitchell to 130 months’ imprisonment in November 2019.
The Selma, Alabama Firearms Enforcement (S.A.F.E.) Task Force investigated the case and brought it to the United States Attorney’s Office for prosecution. The S.A.F.E. Task Force is comprised of the Selma Police Department, the Dallas County Sheriff’s Office, the 4th Judicial Drug Task Force, the Alabama Bureau of Pardons and Paroles, the Alabama Law Enforcement Agency, the State of Alabama Attorney General’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorneys Gina Vann and Erica Hilliard.
Rocky Mount Woman Sentenced for FEMA FraudRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina announced that Chief United States District Judge Terrence W. Boyle sentenced SHEILA RUFFIN, 51, of Rocky Mount, to thirty days of imprisonment followed by two years of supervised release.
RUFFIN was charged in an Indictment with 15 counts of fraud related to the Hurricane Matthew recovery effort conducted by the Federal Emergency Management Agency (FEMA). On May 22, 2019, RUFFIN pled guilty pursuant to a written plea agreement to one count of Disaster Fraud.
On October 8, 2016, Hurricane Matthew impacted the coast of North Carolina, bringing record storm surge levels and catastrophic flooding. In the aftermath, a Presidential Major Disaster Declaration was issued covering certain eastern North Carolina counties. The declaration enabled various forms of federal disaster assistance that was administered by FEMA.
From February 2017 to April 2018, on 15 occasions, RUFFIN made false statements and submitted fraudulent documentation in connection with applications for FEMA assistance. RUFFIN falsely claimed that her pre-hurricane residence remained uninhabitable, requiring her to pay for temporary housing. As a result, RUFFIN received $11,250 in rental assistance to which she was not entitled. As part of the sentence, RUFFIN was ordered to pay restitution in the amount of $11,250.
The U.S. Department of Homeland Security, Office of Inspector General, conducted investigation of this case. Assistant United States Attorney Toby Lathan prosecuted the case for the government.