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Thursday 10 October 2019
South African Man Sentenced for Transportation of Obscene MatterRead the Press Release
United States Attorney Ron Parsons announced that a man from South Africa was sentenced to time served on October 4, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court. He previously pled guilty to Transportation of Obscene Matter.
Andries Snyman, age 45, was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting internet predators. Following several chats and texts with a person Snyman believed to be a 14 year-old boy, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet to have sex. Additionally, Snyman asked for details about parts of the boy’s physical appearance, which constituted an obscene and lewd writing. When Snyman went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office.
Assistant U.S. Attorney Sarah Collins prosecuted the case.
Sixth Defendant Pleads Guilty in Firearm Trafficking from Tennessee to Kings CountyRead the Press Release
FRESNO, Calif. — Elvia Sanchez, 42, of Lenoir City, Tennessee, pleaded guilty today to conspiring to traffic in firearms by an unlicensed person, and the illegal transportation of firearms received in a state of residency, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Nov. 29, 2016, and June 12, 2017, Elvia Sanchez mailed firearms from Tennessee to Rafael Sanchez in California in connection with a conspiracy to traffic in firearms.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. The U.S. Postal Inspection Service, Lenoir City Police Department in Tennessee, Homeland Security Investigations (HSI), and the U.S. Attorney’s Office for the Eastern District of Tennessee assisted in the investigation. Assistant U.S. Attorneys Thomas Newman and Stephanie Stokman are prosecuting the case.
Elvia Sanchez is scheduled to be sentenced by U.S. District Judge Lawrence J. O’Neill on Jan. 6, 2020. Sanchez faces a maximum statutory penalty of five years in prison and a $250,000 fine related to the conspiracy to traffic in firearms by an unlicensed person, and five years in prison and a $250,000 fine related to illegal transportation of firearms from her state of residence. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Siloam Springs Man Sentenced to 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that David Ely, age 34, was sentenced yesterday to 120 months imprisonment followed by four years of supervised release for one count of Possession of More Than 50 Grams of Methamphetamine with Intent to Distribute. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in April 2019, investigators received information that Ely was in route from Siloam Springs, Arkansas to Fayetteville, Arkansas in possession of a large amount of methamphetamine. During a search incident to Ely’s arrest, officers located a duffle bag behind the passenger’s seat that contained 13 bags of methamphetamine, each weighing just over one ounce, a bag of unused syringes, a digital scale, and multiple baggies. The DEA lab results determined that the substance contained 334.7 grams of actual methamphetamine.
Ely was indicted in May 2019 on federal charges and entered his guilty plea in July 2019.
This case was investigated by the 4th Judicial District Drug Task Force (JDDTF), the Washington County Sheriff’s Office, and the DEA. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
Seven Individuals Charged in Federal Narcotics and Firearms InvestigationRead the Press Release
WASHINGTON – Seven people have been arrested on federal charges stemming from an ongoing investigation into the distribution of narcotics and the possession of firearms in the Washington, D.C. metropolitan area. To date, large quantities of heroin, fentanyl, and cocaine base (crack) have been seized as a result of the investigation, along with six firearms.
The charges are contained in three indictments and a complaint unsealed in the U.S. District Court for the District of Columbia. The charges were announced by U.S. Attorney Jessie K. Liu, Ashan M. Benedict, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Seven defendants were charged with narcotics and firearm offenses: Vontate Talley, 48; Marcus Stackhouse, 37; Kevin Stackhouse, 31; Bayney Pinard Parker, 39; Michael Thomas, 50; Alonzo Weatherspoon, 56; and Dayron Wright, 27, all of Washington, D.C.
Two sets of defendants were charged in conspiracies to traffic large quantities of narcotics, and all of the defendants were charged with separate offenses of distributing narcotics or possessing narcotics with the intent to distribute them. During the execution of nine search warrants, law enforcement seized packaged narcotics for distribution, drug paraphernalia, U.S. currency, six firearms, multiple replica firearms, magazines, and a large quantity of ammunition.
Three of the seven defendants had pending narcotics and firearms charges when committing the offenses alleged in the indictments unsealed today.
“Through this coordinated law enforcement effort, we were able to remove significant quantities of drugs and firearms from the streets,” said U.S. Attorney Liu. “This investigation is another example of our determination to target drug trafficking organizations that bring crack, heroin, fentanyl, and firearms into the District and to make our neighborhoods safer.
This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.
This case was also 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 District of Columbia, U.S. Attorney Jessie K. Liu coordinates PSN efforts in cooperation with federal, state, and local law enforcement officials.
An indictment or a complaint is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Liu, Special Agent in Charge Benedict, and Chief Newsham commended the work of those who investigated the case, including ATF and MPD. They also expressed appreciation for the assistance provided by the United States Secret Service, U.S. Marshals Service, Prince George’s County, Md. Police Department, and the U.S. Attorney’s Office for the District of Maryland.
Finally, they cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, Assistant U.S. Attorneys Christopher Macchiaroli and Gregory Rosen of the Violent Crime and Narcotics Section; Paralegal Specialists Teesha Tobias, Kim Hall, and Candace Battle; and Legal Assistant Peter Gaboton.
Seven Felons Indicted, Dozens of Firearms Seized as Part of Investigation Targeting Criminal Gun Sales in Orange CountyRead the Press Release
SANTA ANA, California – Law enforcement has arrested six Orange County residents charged in an indictment alleging three defendants conspired to traffic more than two dozen firearms – including 12-gauge shotguns and AR-style rifles – while other defendants, including a convicted sex offender, illegally possessed firearms and ammunition.
The 11-count indictment, unsealed today, charges seven defendants with multiple federal felonies, including conspiracy to sell firearm without a license, and selling firearms without a license. The arrested defendants are scheduled to make their initial court appearances this afternoon in United States District Court in Santa Ana.
Over the course of the six-week investigation, law enforcement seized a total of 68 firearms – 30 of which were “ghost guns” or firearms that bore no serial numbers – more than 2,000 rounds of ammunition, and 1.3 pounds of methamphetamine.
According to the indictment, between August 21 and September 18, the defendants illegally possessed and some conspired to illegally sell firearms such as a .40-caliber Glock pistol, a .243-caliber Savage Arms rifle, and a Mossberg 12-gauge shotgun, among other weapons, some of which bore no serial numbers.
Pedro Javier Villalobos, 22, of Santa Ana, arranged to sell firearms to customers and eventually received a fee for brokering firearms sales, according to the indictment. The indictment further alleges that Villalobos enabled defendants Michael Rivera Delgado, 38, a.k.a. “Player,” of Anaheim, and Rosember Jiménez Jr., 29, a.k.a. “Junior,” of Santa Ana, and others to sell firearms to customers without being federally licensed.
For example, on September 3, Villalobos allegedly agreed to sell firearms to a customer, who in fact was an undercover agent. The following day at Villalobos’s home, Jiménez allegedly sold the agent a Mossberg shotgun, a Spike’s Tactical rifle, and an AR-type rifle bearing no serial number, for $4,800. That same day, Villalobos accepted $300 from the agent for brokering the sale of the three firearms from Jiménez, the indictment alleges.
In addition to the unlawful firearms dealing charges, the indictment alleges that other defendants, including Jiménez, were convicted felons in possession of firearms and ammunition. Jiménez’s criminal history includes convictions for unlawful sexual intercourse with a minor and aggravated assault on a firefighter or peace officer.
The statutory maximum penalties for unlicensed firearms dealing and being a felon in possession of firearms or ammunition is 10 years in federal prison. A conviction on a conspiracy charge carries a statutory maximum sentence of five years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Costa Mesa Police Department.
This case is being prosecuted by Assistant United States Attorney Anne C. Gannon of the Santa Ana Branch Office.
San Antonio Eastside Drug Dealer Enters Guilty Plea to Federal Drug Trafficking and Firearm ChargesRead the Press Release
In San Antonio today, 38-year-old Charles Lee Bethany admitted to distributing crack cocaine on the city’s east side, announced U.S. Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski, Houston Division; and, San Antonio Police Chief William McManus.
Appearing before U.S. District Judge Fred Biery, Bethany pleaded guilty to one count of possession with intent to distribute 280 grams or more of cocaine base (“crack”) and one count of being a convicted felon in possession of a firearm. By pleading guilty, Bethany admitted that from March 15, 2017, to July 26, 2017, he distributed crack cocaine from his eastside stash house in the 600 block of J Street in San Antonio.
On July 21, 2017, investigators searched the premises with a warrant and seized approximately 56 grams of cocaine powder and 56 grams of crack cocaine. Investigators also recovered video surveillance equipment. Officers of the San Antonio Police Department Repeat Offenders Project arrested Bethany on July 26, 2017. He has since remained in federal custody.
Court records also reveal information obtained by investigators that suggests Bethany may have been the intended target of a drive-by shooting in the 400 block of Spriggsdale that occurred shortly after 4:00 p.m., on July 19, 2017. That shooting was followed by another the same day, shortly before midnight in the 200 block of Hub Street, in which a 4-year-old boy was killed. Surveillance video recovered from Bethany’s stash house indicates that later that night a number of individuals appearing to be in possession of firearms left the location on J Street about 12 minutes before the shooting on Hub Street. According to the surveillance, those individuals returned to the J Street address moments after the shooting. While Bethany was not part of that group, he is see on the video possessing three firearms including an AR-15 pistol. The investigation into those shootings continues.
Bethany’s criminal history includes two felony convictions for possession of a controlled substance (2004, 2008) and one felony conviction for evading detention motor vehicle (2008), all in Bexar County, Texas.
Bethany, who faces between ten years and life in federal prison, is scheduled for sentencing on February 13, 2020, in front of Judge Biery.
The FBI, ATF and San Antonio Police Department conducted this investigation. Assistant U.S. Attorney Sarah Wannarka is prosecuting this case on behalf of the government.
Saluda Woman Sentenced to Federal Prison for Filing False Tax ReturnsRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Brenda Rodgers, age 57, of Saluda, was sentenced to 25 months in federal prison after pleading guilty to filing false tax returns. Rodgers was also ordered to pay $156,536.09 in restitution to the IRS for back taxes. United States District Court Judge Timothy Cain, of Anderson, presided.
Evidence presented to the court established that from 2012 through 2016, Rodgers was an employee of a property and casualty insurance agency located in Columbia. Rodgers embezzled by writing checks from a particular client’s account to herself and forging the name of her supervisor. During the tax years 2012 through 2016, Rodgers wrote herself 325 checks totaling over $337,000. Rodgers concealed her activity by making false entries in the accounting records and on check stubs. She also removed pages from the bank statements that contained photocopies of the checks transferring funds into her bank account. By creating false entries and removing bank records, Rodgers avoided reporting taxable income associated with her embezzlement. As a result, she avoided tax payments totaling $156,536.09.
Rodgers confessed to deputies of the Richland County Sheriff’s Department, explaining that she used the money to pay bills, make car payments, and pay off her mortgage.
The United States Internal Revenue Service and the Richland County Sheriff’s Department investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office prosecuted the case.
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Rowan County Drug Dealers Sentenced to PrisonRead the Press Release
GREENSBORO, N.C. – Two Rowan County men were sentenced to prison on October 4, 2019, for unrelated instances of selling narcotics, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
WILLIE EARL WILLIAMS, JR., age 34, of Salisbury, North Carolina, was sentenced to 98 months’ imprisonment by the Honorable N. Carlton Tilley, Jr., in federal court in Greensboro. WILLIAMS pleaded guilty to distribution of a mixture and substance containing 5 grams or more of methamphetamine in Rowan County. In addition to the prison term he was ordered to serve a five-year term of supervised release after completing his sentence. According to documents filed in court, WILLIAMS sold methamphetamine or cocaine base (“crack”) on six occasions between May 9, 2018, and June 5, 2018, to a confidential informant and to an undercover officer.
JOSHUA DWAYNE PRUITT, age 26, of Spencer, was also sentenced by Judge Tilley in federal court in Greensboro on October 4, 2018, to 17 months’ imprisonment. PRUITT pleaded guilty to distribution of a mixture and substance containing cocaine base. In addition to the prison term he was ordered to serve a three-year term of supervised release after completing his sentence. PRUITT sold 3.32 grams of crack cocaine to an undercover agent in Salisbury on May 15, 2018.
Both cases were investigated by the Rowan County Sheriff’s Department, Salisbury Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives, in a joint operation to combat firearm and controlled substance violations within Salisbury. The cases were prosecuted by Assistant United States Attorney Terry M. Meinecke.
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Rosebud Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 8, 2019, by U.S. District Judge Roberto A. Lange.
Bernard Young, age 58, was sentenced to 18 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Young was indicted by a federal grand jury on June 11, 2019. He pled guilty on July 22, 2019.
Young was convicted of Aggravated Sexual Abuse in April 2002. As a result of this conviction, he is required to register as a sex offender for his natural life. Young failed to update his registration between March 25, 2019, and April 24, 2019.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Young was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.
Jason Kimmel, Sr., age 38, was sentenced to 24 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Kimmel was indicted by a federal grand jury on June 11, 2019. He pled guilty on July 23, 2019.
Kimmel was convicted of Sexual Abuse of a Minor in 2005. As a result of this conviction, he is required to register as a sex offender for his natural lifetime. Between March 25, 2019, and April 24, 2019, Kimmel, failed to properly register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Kimmel was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.
Michael Anthony Toledo, age 39, was sentenced to 4 months in federal prison, followed by 4 months home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Toledo was indicted by a federal grand jury on March 12, 2019. He pled guilty on July 22, 2019.
The conviction stemmed from an incident that occurred on April 18, 2017, when Toledo did forcibly assault and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, when Toledo repeatedly spat upon the officer while being arrested.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Toledo was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.
Jesse James Leader Charge, age 24, was sentenced to 27 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Leader Charge was indicted by a federal grand jury on January 23, 2019. He pled guilty on July 15, 2019.
The conviction stemmed from an incident that occurred on January 1, 2017, in Fairground Housing in Rosebud. On that date, Leader Charge was consuming alcoholic beverages and socializing with the 15-year-old victim at her house, unbeknownst to the adults at the house. The victim was found unconscious, and Leader Charge was found squatting over the victim’s body with his hand between her thighs. He stood up and left the house when an adult came into the room and told him to leave.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Leader Charge was immediately turned over to the custody of the U.S. Marshals Service.
Romanian nationals unlawfully in United States charged in $1 million ATM skimming and cash-out schemeRead the Press Release
ATLANTA – Ovidiu Nedelcu and Ovidiusz Dragos Cordas, both citizens of Romania, have been charged in a 32-count indictment with bank fraud, access device fraud, and aggravated identity theft offenses for their roles in a nationwide conspiracy.
“The defendants are accused of making their living by stealing from Americans’ bank accounts,” said U.S. Attorney Byung J. “BJay” Pak. “They allegedly installed ATM skimming devices to steal customer data, and then used their network of conspirators to cash-out and profit from their crimes.”
“This investigation and subsequent indictment demonstrates the Secret Service’s commitment to safeguarding our nation’s critical financial infrastructure and payment systems,” said Kimberly A. Cheatle, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “These cyber criminals used a national network of co-conspirators to withdraw large sums of money from ATM machines. Our success in this case is due to the level of cooperation and information sharing throughout this investigation by all law enforcement partners.”
According to U.S. Attorney Pak, the charges, and other information presented in court: From 2018 to 2019, the defendants, Ovidiu Nedelcu and Ovidiusz Dragos Cordas, a/k/a Dragos Ovidiusz Folea, conspired with one another and others to use account numbers and PINs stolen from bank and credit union customers in order to unlawfully withdraw money from those customer accounts. They accomplished this by conspiring with each other and others to:
- Cause surreptitious electronic devices, known as ATM “skimmers,” to be installed over ATM card slots at various locations in order to capture and record account access information from customers of numerous financial institutions;
- Cause tiny surreptitious cameras to be installed above the keypads of the ATMs with the ATM skimmers in order to visually record the key strokes as customers entered their PINs for their accounts;
- Cause stolen customer account access information recorded on the ATM skimmers to be encoded onto blank magnetic stripes on unbranded plastic cards; and
- Cause the stolen account access information—customer account numbers and PINs—to be used to unlawfully withdraw United States currency from those compromised financial institution accounts at ATMs in Georgia, and elsewhere, including Florida, Colorado, and Washington.
Ovidiu Nedelcu, 41, of Craiova, Romania, and Ovidiusz Dragos Cordas, a/k/a Dragos Ovidiusz Folea, 50, of Oradea, Romania, were indicted by a federal grand jury on September 18, 2019. Both defendants are present in the United States illegally.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Secret Service, with assistance from the DeKalb County Police Department. Assistant U.S. Attorneys John S. Ghose and Alex R. Sistla are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Ringleader of $2 Million Fraudulent Check Scheme Targeting Home Improvement Stores Sentenced to 37 Months in PrisonRead the Press Release
NEWARK, N.J. – An Irvington, New Jersey, man has been sentenced to 37 months in prison for his role in a phony check scheme that stole more than $2 million in merchandise from multiple home improvement stores throughout the country, U.S. Attorney Craig Carpenito announced today.
Reginald Phillips, 56, of Irvington, New Jersey, previously pleaded guilty before U.S. District Judge Katharine S. Hayden to an information charging him with one count of conspiracy to commit wire fraud. Judge Hayden imposed Phillips’s sentence Oct. 9, 2019, in Newark federal court.
According to documents filed in this case and statements made in court:
Starting in December 2013 and continuing through February 2017, Phillips spearheaded a conspiracy of several individuals – four of whom have also pleaded guilty in the case – who worked together to obtain merchandise or store credit from home improvement stores along the eastern United States, including New Jersey, by purchasing items with fraudulent checks.
Phillips and his conspirators entered home improvement and other retail stores and gathered high-value items like air conditioners, hardwood flooring, and expensive home wiring. They then “purchased” the items by handing a cashier a fraudulent check with a phony name but authentic account and routing numbers or by pretending to be an authorized signatory on a store credit account that they had previously opened with a phony check.
During many of the transactions, Phillips displayed fake driver’s licenses that had been created by one of the other conspirators, which either duplicated the phony name imprinted on the fraudulent check they presented for payment or matched the name of an authorized signatory on a store credit account that they had previously opened.
In total, Phillips and his conspirators stole over $2.4 million in merchandise from various retailers in New Jersey, New York, Pennsylvania, Delaware, North Carolina, Georgia, Virginia, Connecticut, Massachusetts, and South Carolina.
In addition to the prison term, Judge Hayden sentenced Phillips to three years of supervised release.
U.S. Attorney Carpenito credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn in Newark, and special agents of the U.S. Attorney’s Office, District of New Jersey, with the investigation. He also thanked the Union Township Police Department, the Holmdel Police Department, the Passaic County Prosecutor's Office, the Totowa Police Department, and the Monroe Township Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Lisa Mack Esq., Assistant Federal Public Defender, Newark
Registered Nurse Pleads Guilty to Medicare Kickback SchemeRead the Press Release
SACRAMENTO, Calif. — John Eby, 46, of Fair Oaks, pleaded guilty today to conspiring with the owners of home health agencies to pay and receive illegal kickbacks in exchange for Medicare beneficiary referrals, U.S. Attorney McGregor W. Scott announced.
According to court documents, Eby is a registered nurse who was a case manager at a nonprofit hospital in Sacramento. As a case manager, Eby was responsible for assisting Medicare beneficiaries in selecting post-acute care providers, including home health care and hospice agencies, after the beneficiaries were discharged from the hospital. Eby used his position to steer Medicare beneficiaries to home health agencies in Folsom and El Dorado Hills. From approximately September 2015 through November 2018, the home health agency owners used an intermediary to pay Eby illegal kickbacks for beneficiary referrals.
According to court documents, in total, Eby referred approximately 55 beneficiaries to the agencies in exchange for kickbacks, and Medicare paid the agencies approximately $250,000 for services they purportedly provided to the beneficiaries. Because the agencies obtained the beneficiary referrals by paying kickbacks, they should not have received any reimbursement from Medicare.
In addition to the conspiracy charge, Eby pleaded guilty to one count of accepting a $1,000 cash kickback in exchange for referring five Medicare beneficiaries to the home health agency in Folsom.
This case is a product of an investigation by the Federal Bureau of Investigation and the Department of Health and Human Services’ Office of Inspector General. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.
U.S. District Judge Morrison C. England Jr. is scheduled to sentence Eby on Jan. 9, 2020. Eby faces maximum statutory penalties of five years in prison for the conspiracy charge and 10 years in prison for the kickback charge. Eby also faces a maximum fine of $250,000 or twice the gross gain or loss for each charge. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Registered Nurse Indicted for Health Care FraudRead the Press Release
St. Louis, MO – Jaime Lynn Slade, 33, of Bonne Terre, Missouri, was indicted today by a federal grand jury for her involvement in a healthcare fraud scheme with her former employer Dr. Antoine Adem and Midwest Cardiovascular.
According to court documents, from January 2014 to December 2018, Dr. Adem and Midwest Cardiovascular submitted or caused to be submitted numerous false and fraudulent claims to Medicare and Medicaid. The reimbursement claims falsely indicated that Dr. Adem performed two vein procedures on patients on two different days, when he actually performed the two procedures on the same day. As a result, Dr. Adem and Midwest Cardiovascular received about $2000 more per patient than he would have received if he had informed Medicare and other insurers that the two vein procedures were performed on the same day. Slade was present during the surgeries and thereafter placed Dr. Adem’s false surgery notes into the patients’ medical records.
Dr. Adem and Midwest Cardiovascular pled guilty in August 2019 and are awaiting sentencing on December 20, 2019.
Slade faces a penalty up to 10 years’ imprisonment and a fine of $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General and the FBI. Assistant U.S. Attorney Dorothy McMurtry is handling the case for the U.S. Attorney’s Office.
Queens Woman Charged in Superseding Indictment with Causing Overdose Death of Second Male VictimRead the Press Release
Defendant Angelina Barini will be arraigned this afternoon in federal court in Brooklyn on a superseding indictment charging her with distributing and possessing with intent to distribute fentanyl, methamphetamine and cocaine that resulted in the fatal overdose of a second Queens man, this one on August 5, 2019. The arraignment will be held before United States District Judge Brian M. Cogan. Barini is detained pending trial.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the new charges.
“The defendant Angelina Barini now stands charged with dispensing deadly doses of narcotic drugs to two victims,” stated United States Attorney Donoghue. “Every life lost to the opioid crisis is of the utmost importance to this Office and our law enforcement partners, and we will work relentlessly to uncover the evidence proving who is responsible for each opioid death.”
“Barini has shown little regard for the life of another, and with the drugs laced with fentanyl that she allegedly peddled, she offered her victims an experience they would never survive,” stated HSI Special Agent-in-Charge Fitzhugh. “This is a painful reminder to anyone looking to satisfy a high, that their life is not worth anything to those offering deadly drug cocktails for a profit. The opioid crisis continues to devastate families and take lives, but HSI, with its law enforcement partners, remains committed in investigating overdose related deaths and will hold accountable those who benefit from the addiction of others, some of whom pay the ultimate price.”
The charges in the superseding indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted of causing the death of an overdose victim, Barini faces a mandatory minimum of 20 years’ imprisonment, and a maximum of life imprisonment.
The government’s investigation is continuing.
Assistant United States Attorneys Soumya Dayananda, Andrew Grubin and Andrew Wang are in charge of the prosecution.
The Defendant:
ANGELINA BARINI
Age: 41
Queens, New YorkE.D.N.Y. Docket No. 19-428(S-2) (BMC)
Prison Consultant Pleads Guilty to Role in Conspiracy to Defraud Federal Bureau of PrisonsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that SAMUEL COPENHAVER, 48, of Grand Rapids, Michigan, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to conspiracy and wire fraud offenses for his role in defrauding the Federal Bureau of Prisons (“BOP”). The scheme involved coaching prospective and current federal inmates who would not otherwise require substance abuse treatment how to lie to gain admission into a BOP program that, if completed successfully, would result in a shortened prison term.
According to court documents and statements made in court, the Residential Drug Abuse Program (“RDAP”) is a 500-hour substance abuse treatment program that is administered by the BOP. In order to gain admission to the RDAP, a federal inmate must meet certain criteria, including having a diagnosable and verifiable drug or alcohol abuse disorder. By successfully completing the RDAP, an inmate can qualify for up to 12 months in early release from custody.
Copenhaver was employed by Michigan-based RDAP Law Consultants, LLC, where he solicited and engaged prospective clients of the company. In that capacity, Copenhaver regularly contacted federal defendants and inmates with offers to assist, for a fee, those defendants and inmates in applying and qualifying for admission to the RDAP. Although Copenhaver knew that many of the company’s clients did not abuse alcohol or drugs and were ineligible for the RDAP, he coached them how to feign or exaggerate a drug or alcohol disorder, and to make false statements to the BOP so they could gain admission to the RDAP.
Copenhaver was arrested on January 23, 2019.
Judge Meyer scheduled sentencing for January 16, 2020, at which time Copenhaver faces a maximum term of imprisonment of 25 years.
Copenhaver is released on a $100,000 bond pending sentencing.
This investigation is being conducted by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Jonathan N. Francis and Trial Attorney Avi Perry of the Department of Justice’s Fraud Section, who has been designated as a Special Assistant U.S. Attorney for this matter.
U.S. Attorney Durham thanked the U.S. Attorney’s Offices for the Southern District of West Virginia and the Western District of Michigan for their assistance in this matter.
President of Texas-Based Beverage Company Indicted for Obstruction of JusticeRead the Press Release
The President of EarthWater Limited, a Dallas-based company, was charged in an indictment with obstructing justice in connection with an ongoing federal investigation.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas and Inspector in Charge Delany DeLeon-Colón of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group in Washington, D.C., made the announcement.
Beth Ellen DeGroot, 59, of Plano, Texas, was arrested and appeared today before U.S. Magistrate Judge Renee H. Toliver of the Northern District of Texas. DeGroot was charged with two counts of obstruction of justice.
Harley E. Barnes III, aka Buddy Barnes, and five other individuals had been previously indicted by a Dallas grand jury for their alleged roles in a high-yield investment fraud scheme involving EarthWater. EarthWater manufactured and sold bottled water that it claimed was infused with special minerals mined from an 80-million-year-old deposit hidden in a secret location. Barnes was EarthWater’s Chief Financial Officer.
According to the indictment, DeGroot was EarthWater’s Vice President. Following Barnes’ arrest, DeGroot was promoted to President and partnered with Barnes to continue to use EarthWater to raise money, including by selling stock. The indictment alleges that, as part of an ongoing investigation, DeGroot was served with a subpoena for documents. The indictment further alleges that, in response to the subpoena, DeGroot corruptly concealed the existence of certain emails and other communications relating to Barnes and DeGroot’s plan to sell EarthWater securities by, among other things, altering a document to deliver to the federal grand jury. Allegedly, DeGroot corruptly attempted to obstruct, influence and impede the ongoing investigation by misleading the grand jury and federal law enforcement about her receipt of funds from Barnes. DeGroot falsely claimed she had not received any money from Barnes when, according to the indictment, she had.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
USPIS investigated the case. Trial Attorneys Christopher Fenton and William Bowne of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mary F. Walters of the Northern District of Texas are prosecuting the case.
Ponzi Scheme Promoter Sentenced to 22 Years in Federal Prison for $396 Million Scheme—The Largest Ever Charged in MarylandRead the Press Release
Defrauded Investors Across the Country
Baltimore, Maryland – U.S. District Judge Richard D. Bennett today sentenced Kevin B. Merrill, age 54, of Towson, Maryland, to 22 years in federal prison, followed by three years of supervised release, for conspiracy and wire fraud arising from a $396 million investment fraud scheme that operated from 2013 through September 2018, with an additional $260 million in attempted investments at the time of Merrill’s arrest. Judge Bennett also ordered Merrill to pay restitution in the full amount of the victims’ losses, which will be determined later, but which is at least $189,166,116. Judge Bennett will also enter an order of forfeiture, with the exact amount of forfeiture still to be determined.
The U.S. Securities and Exchange Commission (SEC) has a pending parallel civil action in this matter.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Robert W. Manchak of the Federal Housing Finance Agency, Office of Inspector General.
“Kevin Merrill lured investors through an elaborate web of lies, duping them into paying millions of dollars into this Ponzi scheme,” said U.S. Attorney Robert K. Hur. “As a result of this scheme, a number of victims were devastated, losing their life savings. This sentence sends a strong message that federal prosecutors, federal agents, and our SEC partners will continue to work together to investigate and prosecute those who perpetrate these kind of fraud schemes for their personal gain—leaving a wave of victims in their wake.”
“Considering there were hundreds of victims and millions of dollars lost, it is fitting that Kevin Merrill will be spending a significant amount of time in federal prison,” said Special Agent in Charge Jennifer Boone of the FBI's Baltimore Division. “The FBI, and our partners, are firmly committed to holding accountable fraudsters who victimize the public by selling a false bill of goods.”
According to his plea agreement, beginning in January 2013, Merrill and his co-conspirators, Jay B. Ledford and Cameron R. Jezierski, perpetrated a Ponzi scheme to defraud investors of more than $396 million. Specifically, Merrill and Ledford invited investors to join them in purchasing consumer debt portfolios. Merrill knowingly used fictitious sales agreements and other documents, including tax returns, provided by Ledford, to induce individuals to invest with his companies, Delmarva Capital and Global Credit Recovery. For 2013, Merrill deposited approximately $4.3 million from investors, while Ledford raised just over $186,000 from investors. Thereafter, Merrill’s superior sales ability caused Ledford to assume a background role supplying Merrill with fictitious documents, while Merrill was the “front man,” promoting the fraudulent investments to potential investors.
Specifically, the conspirators falsely represented to investors that they would use the investors’ money to buy consumer debt portfolios and make money for them by (1) collecting the payments that people made on their debts or (2) selling the portfolios for a profit to other third-party debt buyers, in a practice called “flipping.” According to court documents, the victim investors included small business owners, restauranteurs, construction contractors, retirees, doctors, lawyers, accountants, bankers, talent agents, professional athletes, and financial advisors, located in Maryland, Washington, D.C., Northern Virginia, Boulder, Texas, Chicago, New York, and elsewhere.
To induce investors to participate, Merrill and his co-conspirators falsely represented who they were buying the debt portfolios from and how much they were paying for the portfolios, whether they were investing their own funds, and their track record of success. According to their plea agreements, sometimes there was no underlying debt portfolio purchased with the investors’ money. To conceal the truth, Merrill, Ledford, and Jezierski created imposter companies with names similar to actual consumer debt sellers or brokers and opened bank accounts in the names of those imposter companies. In addition, to lend credibility to the transactions, Ledford created false portfolio overviews, created false sales agreements which used the names and forged signatures of actual employees of the sellers, created false collections reports, and falsified bank statements and merchant account reports. In late 2014, Ledford transferred Cameron Jezierski to manage debt collections for Riverwalk/DeVille. DeVille had a collections center in Euless, Texas, and the conspirators began to invite prospective investors to tour Riverwalk’s office and the collections center, which added substance to their claims regarding the success of their portfolio purchasing strategy and collections efforts. In December 2017, Ledford recruited Jezierski to the criminal conspiracy because his analytical skills enabled him to contribute significantly to creating false documentation to induce investors to invest, and to conceal the mark-up Merrill and Ledford added to the purchase price charged to investors for debt portfolios.
Further, Merrill and Ledford falsely represented that the monies the conspirators paid to investors were “proceeds” from collections and/or flipping debt portfolios, when in fact, the proceeds were paid from funds provided by other investors. Merrill and Ledford provided monthly or quarterly reports to investors regarding the “purported progress of the portfolio and its recovery,” which Merrill and Ledford created. From 2013 to 2018, the scheme to defraud took in over $396 million, and at the time of their arrests, the co-conspirators were attempting to obtain an additional $260 million from investors. Ledford assisted Merrill to divert investors’ funds to purchase a home in Naples, Florida, and also helped Merrill falsify records to the bank lender. Ledford diverted fraud proceeds to purchase and renovate a home in Las Vegas, Nevada; refinance a home in Texas; gamble at casinos; purchase luxury automobiles and jewelry; and to support a lavish lifestyle.
Finally, Merrill admitted that while the scheme was ongoing, he met with the FBI, lied to the investigating agents, and provided false documents to the FBI. As detailed in his plea agreement, after his arrest, Merrill attempted to obstruct justice by causing his wife to remove assets from their Naples, Florida home on October 13, 2018, and by preparing a handwritten note instructing his wife to conceal assets from the court-appointed receiver, which he intended to hold up to the glass in the detention center on December 5, 2018, when his wife visited. These actions violated the restraining order with which Merrill was served in the criminal case, and the preliminary injunction ordered by the Court in the SEC’s civil action.
The Court has appointed a receiver to marshal the assets for the benefit of the victims.
U.S. District Judge Richard D. Bennett has scheduled sentencing for Jay B. Ledford, age 55, of Westlake, Texas and Las Vegas, Nevada, on October 29, 2019, at 10 a.m. and for Cameron Jezierski, age 28, of Fort Worth, Texas, on November 14, 2019, at 3:00 p.m. Kevin Merrill’s wife, Amanda Merrill, age 30 of Towson, Maryland, pleaded guilty on October 9, 2019, to conspiracy to remove and conceal assets in violation of court orders, and is scheduled to be sentenced on January 22, 2020, at 3:00 p.m. Merrill and Ledford have been detained since their arrest on September 18, 2018, and Amanda Merrill and Cameron Jezierski are released under the supervision of U.S. Pretrial Services.
United States Attorney Robert K. Hur commended the FBI in Baltimore, Dallas, Las Vegas and Tampa; the Federal Housing Finance Agency, Office of the Inspector General; and the SEC for their work in this investigation. Mr. Hur thanked Assistant U.S. Attorneys Joyce K. McDonald and Martin J. Clarke, who are prosecuting the criminal case.
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Plains Township Man Pleads Guilty to Firebombing Luzerne County Children and YouthRead the Press Release
SCRANTON -The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Finn, Jr., age 49, of Plains, Pennsylvania, pleaded guilty on October 9, 2019, before United States District Court Judge James M. Munley, to use of fire to commit stalking.
According to United States Attorney David J. Freed, Finn admitted that on March 6, 2017, he used three Molotov cocktails to set fire to the Luzerne County Children and Youth Building to harass and intimidate two Children and Youth Employees.
On July 11, 2017, Finn was indicted on charges of stalking, interstate communications and malicious damage to federal property by fire. The indictment alleged that between March 3, 2017 and March 6, 2017, Finn used Facebook, Google and his cell phone to harass and intimidate two Luzerne County Children and Youth Services employees. On October 2, 2018, an additional count of Interstate Communications and the charge of use of fire to commit a felony were filed against Finn. On May 14, 2019, a federal grand jury returned a second superseding indictment charging Finn with attempted witness tampering.
Sentencing is scheduled for January 9, 2020.
The case was investigated by the Federal Bureau of Investigation (FBI), the Wilkes-Barre City Police Department, and the Luzerne County District Attorney’s Office. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Finn faces a mandatory 10 years' imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pittsburgh Man on State Parole Gets 5 Years in Prison for Distributing FentanylRead the Press Release
PITTSBURGH – Dontae Saunders was sentenced to 60 months in federal prison for distributing fentanyl (i.e., methoxyacetyl fentanyl) when he was on state parole following heroin trafficking and gun convictions, United States Attorney Scott W. Brady announced today.
Saunders, age 30, of Pittsburgh, was sentenced by United States District Court Judge David S. Cercone. Saunders was also sentenced to serve six years of supervised release following his prison term. Prior to imposing the sentence, the Court was informed that, on November 27, 2017, Saunders distributed methoxyacetyl fentanyl to an undercover detective. When other detectives then attempted to approach and arrest Saunders immediately following the drug deal, Saunders drove recklessly and almost hit two of the detectives.
Saunders had previously been convicted of (1) heroin trafficking and gun crimes in 2013, (2) an additional heroin trafficking crime in 2011, and (3) additional gun and assault crimes in 2010.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Pittsburgh Bureau of Police conducted the investigation leading to the conviction and sentence in this case.
Pittsburgh Felon Pleads Guilty to Illegal Gun Possession and Theft ChargesRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, has pleaded guilty in federal court to charges of possession of a firearm by a convicted felon, false statements to the government, and theft of government money, United States Attorney Scott W. Brady announced today.
Octavio Rodriguez Shipman, 53, pleaded guilty before United States District Judge Joy Flowers Conti to a three-count information charging possession of a firearm by a convicted felon, false statements to the government, and theft of government money.
In connection with the guilty plea, the court was advised that in April 2018, Shipman’s paramour purchased a 9mm semi-automatic Canik pistol, which he took possession of shortly after. Around the end of April 2018, Shipman sold the Canik pistol to another individual in McKees Rocks. Shipman had been convicted of eight offenses in five different cases between 1992 and 2002. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm.
The court was further advised that on or around July 12, 2018, Shipman falsely represented to federal law enforcement agents that another individual had sold him two bags of cocaine in exchange for $2,800.00 when in fact he and the other individual knowingly obtained a non-narcotic substance from a retail store, which Shipman represented to law enforcement agents was cocaine that he had purchased. The court was advised that Shipman willfully converted $2,800 in U.S. currency from the U.S. Drug Enforcement Administration for his own use.
Judge Joy Flowers Conti scheduled sentencing for January 30, 2020. For the offense of possession of a firearm by a convicted felon, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. For the offense of false statement to the government, the law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000, or both. For the offense of theft of government money, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Pittsburgh Bureau of Police, conducted the investigation leading to the guilty pleas in these cases. These cases were brought as part of Project Safe Neighborhoods.
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.
Pierre Couple Sentenced on Fentanyl ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, couple convicted of Conspiracy to Distribute a Controlled Substance were sentenced on October 8, 2019, by U.S. District Judge Roberto A. Lange.
Jacob Seibel, age 36, was sentenced to 13 months in federal prison, followed by 4 years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Christa Seibel, age 22, was sentenced to 4 months in federal prison, 4 months of home confinement, 3 years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jacob and Christa were indicted by a federal grand jury on March 12, 2019. Jacob pled guilty on July 22, 2019. Christa pled guilty on July 31, 2019.
The conviction stemmed from a conspiracy that occurred between September 1, 2018, and September 5, 2018, wherein Jacob and Christa knowingly and intentionally conspired with others to distribute and possess with the intent to distribute fentanyl, a Schedule II controlled substance. The fentanyl distribution resulted in an individual using the fentanyl and needing emergency medical care, including two doses of Narcan.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Pierre Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Both defendants were immediately turned over to the custody of the U.S. Marshals Service.
Onondaga County Man Pleads Guilty to Sexual Exploitation ChargeRead the Press Release
SYRACUSE, NEW YORK – Martin Nicholson, age 32, of Geddes, New York, pled guilty today before Senior United States District Judge Hon. Thomas J. McAvoy to Willfully Causing the Sexual Exploitation of a Child, announced United States Attorney Grant C. Jaquith, and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As a part of his plea, Nicholson, a former local high school local track coach, admitted that sometime between 2012 and 2015 he threatened to cut off a relationship he was then having with a minor unless that minor produced and sent him sexually explicit images of another child, who was under the age of 14. Nicholson further admitted that he received the requested images, and sent them to other users over the Internet.
The images produced at Nicholson’s direction were recovered from his residence following a search warrant executed there in 2018 after Nicholson was discovered trading other child pornography over Twitter.
Nicholson faces a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years in federal prison when he is sentence on February 25, 2020. He will also be required to serve a term of supervised release of no less than 5 years, and up to life upon completion of his term of incarceration, may be required to pay a fine of up to $250,000, and will be required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, assisted by the Wallie Howard Jr. Center for Forensic Sciences, and is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Natchez Man Sentenced under Project EJECT to 15 Months in Federal Prison for Receiving a Firearm while under a Felony IndictmentRead the Press Release
Natchez, Miss. – Jarvanti Doss, 22, of Natchez, was sentenced yesterday by Senior U.S. District Judge David C. Bramlette III to 15 months in federal prison, followed by 3 years of supervised release, for receiving a firearm while under a felony indictment, announced U.S. Attorney Mike Hurst and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On August 25, 2017, Jarvanti Keyon Doss was indicted in Adams County for drive-by shooting and two counts of attempted murder. On March 22, 2019, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Adams County Sheriff’s deputies, Natchez Police officers, and probation agents with Mississippi Department of Corrections were conducting a “saturation detail” in high-crime areas when Doss was observed by members of the detail removing a pistol from his pants. After a brief foot chase, Doss was apprehended.
On April 16, 2019, Doss was charged in a federal indictment with receiving a firearm while under an indictment for a felony crime and possessing a firearm as a habitual user of a controlled substance. On June 6, 2019, he pled guilty before Judge Bramlette to receiving a firearm while under a felony indictment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorney Bert Carraway.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Natchez Man Illegally Possessing Assault Weapon and 100-Round Drum Magazine Sentenced under Project EJECT to Almost 4 Years in Federal PrisonRead the Press Release
Natchez, Miss. – Tywone Noble, 23, of Natchez, was sentenced yesterday by Senior U.S. District Judge David C. Bramlette III to 46 months in federal prison, followed by 3 years of supervised release, for receiving a firearm while under a felony indictment, announced U.S. Attorney Mike Hurst and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On January 22, 2018, Noble was indicted in Adams County for selling ecstasy, a controlled substance. On November 19, 2018, while Noble was still under that indictment, probation agents with the Mississippi Department of Corrections found Noble in possession of an assault rifle with a 100-round drum magazine while the agents were conducting home visits in the area of Beaumont Street. On April 16, 2019, Noble was charged in a federal indictment with possessing a firearm while under an indictment for a felony crime. He pled guilty before Judge Bramlette on June 6, 2019.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorney Bert Carraway.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Moscow Man Sentenced to 63 Months in Prison for Possession of Child PornographyRead the Press Release
COEUR D’ALENE – Robert M. Wisdom, 36, of Moscow, Idaho, was sentenced today in U.S. District Court to 63 months in federal prison for possession of child pornography, U.S. Attorney Bart M. Davis announced. Chief U.S. District Judge David C. Nye also ordered that Wisdom be placed on supervised release for five years following his prison sentence. As a result of his conviction, Wisdom will be required to register as a sex offender.
According to court records, in December 2016, a Moscow Police Department detective became aware that a computer at Wisdom’s residence in Moscow was making child pornography available on a peer-to-peer network. In the ensuing months, the detective obtained child pornography downloads from Wisdom’s computer. In February 2017, the Moscow Police Department executed a state search warrant at Wisdom’s residence, where they seized Wisdom’s computers and hard drives. They later found on these devices over 200 videos and 2,000 images of minors engaged in sexually explicit conduct.
This case was investigated by the Moscow Police Department with the assistance of Homeland Security Investigations and the Latah County Sheriff’s Office. All are members of the Idaho Internet Crimes Against Children Task Force (ICAC). The 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. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 8, 2019, by U.S. District Judge Roberto A. Lange.
Adrian Fast Dog, age 40, was sentenced to 22 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fast Dog was indicted by a federal grand jury on July 16, 2019. He pled guilty on July 31, 2019.
The conviction stemmed from an incident that occurred between February 1, 2019, and April 9, 2019, when Fast Dog failed to register as a sex offender and update his sex offender registration as required.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Fast Dog was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Organizations Awarded More Than $4.5 Million in Federal Grant Money to Support Victims of Human TraffickingRead the Press Release
United States Attorney Erica H. MacDonald today announced that more than $4.5 million in federal grant funds have been awarded to organizations throughout the state of Minnesota to combat human trafficking and provide support services to victims of trafficking. In announcing the grant awards, U.S. Attorney MacDonald also released a new human trafficking public service announcement aimed at raising awareness and reaching victims.
U.S. Attorney Erica MacDonald said, “Eradication of human trafficking is one of my top priorities as the United States Attorney. Here in Minnesota, we are attacking the problem of human trafficking strategically, through aggressive prosecution, strong multidisciplinary partnerships, and robust community outreach and education. This grant money will aid tremendously in our work. We must continue to speak up and speak out to help end human trafficking.”
Funding will be used to enhance the quality and quantity of services available, including to provide developmentally and culturally appropriate and tailored programming to best fit the needs of victims. Funds will also be used to strengthen statewide human trafficking policy and programming.
Grantee
Amount Awarded
Regents of the University of Minnesota
$500,000
The Link
$590,847
Minnesota Department of Health
$1,499,999
Young Men’s Christian Association of the Greater Twin Cities
$446,685
Minnesota Indian Women’s Sexual Assault Coalition
$550,000
Young Men’s Christian Association of the Greater Twin Cities
$922,870
In 2019, the Department of Justice awarded more than $80 million in funding to support public safety efforts throughout the State of Minnesota. A full list of Minnesota grant awards is available at www.justice.gov/usao-mn.
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Milwaukee Man Sentenced to Eight Years in Prison for Orchestrating Two Bank RobberiesRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced today that Michael L. Corbitt, Jr., (age 38) was sentenced yesterday to eight years in prison for his involvement in two bank robberies. At Corbitt’s sentencing hearing, the government discussed that Corbitt selected the robbery locations, wrote out the demand notes, recruited individuals addicted to controlled substances to commit the robberies on his behalf, and drove his co-actors to the banks. The government also discussed that Corbitt had developed a pattern, of sorts, in the past couple years of recruiting individuals addicted to drugs to commit crimes for him.
During each of the bank robberies, Corbitt’s co-actors handed the tellers demand notes with bomb threats. One demand note stated that a “bomb will blow” if the tellers did not comply. Corbitt’s co-defendants, Alner L. Navarro (age 37) and Jose L. Rivera (age 40), received sentences of 48 months in prison and 36 months in prison, respectively. All three defendants’ prison terms will be followed by three years of supervised release.
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.
The investigation of this case was conducted by the FBI’s Milwaukee Area Violent Crime Task Force and the Milwaukee Police Department. The prosecution also relied upon reports and investigation conducted by the West Allis Police Department, the Oak Creek Police Department, the Waukesha Police Department, and the Jefferson County Sheriff’s Department.
This case also involved collaboration and communication between the United States Attorney’s Office and the Waukesha County District Attorney’s Office and the Milwaukee County District Attorney’s Office. This case was prosecuted by Assistant United States Attorney Margaret B. Honrath.
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Midland Man Sentenced to Federal Prison for Drug and Firearm Offenses in Connection with the Murder of Two Midlanders in July 2015Read the Press Release
In Midland today, a federal judge sentenced 27-year-old Ryan David Green to 35 years in federal prison on firearm and drug trafficking charges in connection with the murder of two Midland residents in July 2015, announced U.S. Attorney John F. Bash, Midland Police Chief Seth Herman and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Division.
In addition to the prison term, U.S. District Judge David Counts ordered that Green be placed on supervised release for a period of five years after completing his prison term.
On July 10, 2019, Green pleaded guilty to one count of conspiracy to possess with intent to distribute marijuana; one count of discharging a firearm in furtherance of a drug trafficking crime; and, one count of murder resulting from the discharge of a firearm during and in relation to a drug trafficking crime.
By pleading guilty, Green admitted that on July 17, 2015, he and his co-defendants—Sean Blake Jobe and Trace Ryan Roland—conspired to murder a Midland man because of drug money the man owed to Roland.
According to court records, in the early morning hours of July 17, 2015, Green and Jobe went to a home in Midland and shot and killed the man and his girlfriend, who were living in a shed behind the home. Then they set fire to the shed and burned the victims beyond recognition.
Earlier this year, both Jobe and Roland pleaded guilty to the same three federal charges. Sentencing for Jobe is scheduled for tomorrow at 9:00am before Judge Counts in Midland. On September 5, 2019, Judge Counts sentenced Roland to 35 years in federal prison followed by five years of supervised release.
The Midland Police Department and the DEA investigated this case. Assistant U.S. Attorneys Brandi Young and Glenn Harwood are prosecuting this case on behalf of the government.
Michigan Resident Appears in Bay Area Federal Court on Hacking ChargesRead the Press Release
SAN FRANCISCO – Alleged hacker Anthony Tyler Nashatka, a/k/a “psycho,” appeared today in federal court on charges of conspiracy to commit computer fraud and abuse, conspiracy to commit wire fraud, aggravated identity theft and other charges related to a scheme to defraud victims of at least $1.4 million in cryptocurrency in December of 2017, announced United States Attorney David L. Anderson and U.S. Secret Service Special Agent in Charge Thomas Edwards. Nashatka was arraigned before U.S. Magistrate Judge Jacqueline Scott Corley and was released on bond pending further proceedings.
A federal grand jury indicted Nashatka, a current resident of Michigan, along with his co-conspirator, United Kingdom resident Elliott Gunton, a/k/a “planet,” a/k/a “Glubz,” on August 13, 2019. According to the indictment, in December of 2017, Nashatka conspired to target a cryptocurrency exchange platform to obtain the private keys and other information of hundreds of its users as part of a scheme to steal the users’ cryptocurrency. The indictment further describes how the defendants unlawfully used the identity of a victim to gain access to the platform’s domain name settings, caused the transmission of a command to disable all of the cryptocurrency company’s servers, diverted users from the actual platform to a fake website, and fraudulently induced victims to input their cryptocurrency addresses and private keys into the fake website. The indictment alleges between December 20 and 21, 2017, Nashatka and his co-conspirators logged the credentials of hundreds of victims, stole their cryptocurrency, and transferred approximately $600,000 in cryptocurrency to one cryptocurrency address controlled by Nashatka and his co-conspirators. In addition, using this fraud scheme, Nashatka and his co-conspirators stole and additional $800,000 from a single victim on December 26, 2017. The investigation to identify additional victims is continuing.
In sum, each defendant was charged with one count each of the following crimes: conspiracy to commit computer fraud and abuse, in violation of 18 U.S.C. § 1030(b); transmission of a program, information, code, and command to cause damage to a protected computer, in violation of 18 U.S.C. §§ 1030(a)(5)(A), (c)(4)(B)(i) and (c)(4)(A)(i)(VI); unauthorized access to a protected computer to obtain value, in violation of 18 U.S.C. §§ 1030(a)(4) and (c)(3)(A); conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1).
Nashatka was arrested in New York on September 6, 2019. His next court appearance is scheduled for November 13, 2019, before the Honorable Edward M. Chen, U.S. District Judge for a status conference.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces the following maximum statutory sentences:
CHARGE
MAXIMUM PENALTY
Conspiracy to Commit Computer Fraud and Abuse
10 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the scheme
Transmission of a Program, Information, Code, and Command to Cause Damage to a Protected Computer
10 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the scheme
Unauthorized Access to a Protected Computer To Obtain Value
5 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the scheme
Conspiracy to Commit Wire Fraud
20 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the scheme
Aggravated Identity Theft
2 years in prison (to run consecutive to any other term imposed) and a $250,000 fine or twice the gross gain or loss resulting from the scheme
The court also may order additional periods of supervised release, fines, and restitution, if appropriate, for each violation. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case is being prosecuted by the Special Prosecutions Section of the United States Attorney’s Office. The prosecution is the result of an investigation by the United States Secret Service and the Federal Bureau of Investigation.
Mexican National Pleads Guilty to Drug Trafficking Cocaine in LexingtonRead the Press Release
LEXINGTON, Ky.— Roberto Bernal Salas, 32, pleaded guilty Thursday to possessing and intending to distribute three kilograms of cocaine and 122 gram of crack cocaine.
In his guilty plea, Salas admitted that he possessed and intended to sell over three kilograms of cocaine and over 122 grams of crack cocaine found by law enforcement in Salas’s home in Lexington. Salas also admitted that the amount of $33,000 seized from his home represented proceeds from the sale of a kilogram of cocaine. Salas was indicted by a grand jury in July 2019.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky, James Robert Brown Jr., Special Agent in Charge FBI Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly made the announcement today after Salas entered his guilty plea.
The investigation was conducted by FBI and Lexington Police Department. The United States was represented in the case by Assistant United States Attorney Roger W. West.
Salas is currently scheduled to appear for sentencing before United States District Court Judge Karen K. Caldwell in Lexington on Jan. 9, 2020, at 10:30 a.m.
Salas faces a maximum prison sentence of not less than 5 years but not more than 40 years. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal sentencing statutes.
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Marion Meth User Sentenced to Maximum Sentence in Federal Prison for Possessing GunsRead the Press Release
A Cedar Rapids man, responsible for possessing nine guns while using drugs, was sentenced October 9, 2019, to 120 months in prison.
Logan Gerber, age 30, from Marion, Iowa, received the prison sentence after a May 6, 2019 guilty plea to possession of a firearm by a drug user.
Information disclosed at sentencing and at his plea hearing showed that on June 9, 2018, Gerber was stopped by Cedar Rapids police officers for driving his grandparent’s Mustang without their consent. Officers found Gerber had a loaded Glock 9mm firearm in his waistband. Gerber was under the influence of methamphetamine at the time. Officers also searched another car Gerber was driving prior to taking his grandparent’s car. They located additional guns including a sawed-offed shotgun, a large amount of ammunition, extended magazines, tactical vests, and zip ties. Gerber was later released. In October 2018, Gerber was once again stopped by Cedar Rapids police officers. In his vehicle, officers located a nine-inch knife within Gerber’s reach, marijuana, and another firearm. In total, Gerber was found responsible for unlawfully possessing nine guns.
Gerber was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Gerber was sentenced to 120 months’ imprisonment. He was ordered to make payment of $100 to the special assessment fund. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ashley Corkery. This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Cedar Rapids Police Department, Marion Police Department, and Bureau of Alcohol, Tobacco, and Firearms. 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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-00024.
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Man Sentenced to Prison for Straw Purchasing a FirearmRead the Press Release
NEWPORT NEWS, Va. – A Newport News man was sentenced today to one and a half years in prison for straw purchasing a firearm.
According to court documents, Treyshard Jackson-Cooper, 25, was introduced to an individual from a Maryland Bike Crew who asked him to purchase a firearm for him, specifically a Glock, Model 30, semi-automatic pistol. In October 2018, Jackson-Cooper went to Superior Pawn, a licensed dealer of firearms, located in Hampton, and purchased the requested firearm. During the transaction, Jackson-Cooper completed an ATF Form 4473. Question 11(a) on ATF Form 4473 asks whether the individual filling out the form is the “actual transferee/buyer of the firearm.” Jackson-Cooper answered this question in the affirmative, though he subsequently admitted that he was not and knew he was not the actual transferee/buyer at the time he purchased the firearm and filled out the form.
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 Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Rebecca Beach Smith. Special Assistant U.S. Attorney Kristen S. Taylor 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-48.
Madison Heroin Dealer Sentenced to 4 YearsRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Sedale Lacey-Robinson, 27, Madison, Wisconsin, was sentenced today by U.S. District Judge James D. Peterson to four years in federal prison for distributing heroin laced with fentanyl. Lacey-Robinson pleaded guilty to this charge on July 15, 2019. His sentence will be followed by a three-year term of supervised release.
On five separate occasions in March and April 2019, Lacey-Robinson distributed heroin laced with fentanyl or cocaine to an undercover officer, for a total of 6.7 grams. A search warrant was executed at Lacey-Robinson’s Madison home in April 2019, and officers recovered an additional 1.7 grams of heroin, and a handgun in the garage.
During these drug transactions, Lacey-Robinson was on state probation because he was convicted of distributing heroin in 2014. Lacey-Robinson’s term of state probation was revoked in June 2019, and he was sentenced to 18 months in prison. Judge Peterson rejected his request for a concurrent sentence, and ordered the federal sentence to run consecutively to the state revocation sentence.
The charge against Lacey-Robinson was the result of an investigation conducted by the Madison Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Rita M. Rumbelow.
MS-13 Gang Member Sentenced to 25 Years’ Imprisonment for Murder on Long IslandRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Marlon Guevara, also known as “Mosquito,” a member of the Sailors Locos Salvatruchas Westside clique of La Mara Salvatrucha, also known as the MS-13 (MS-13), a transnational criminal organization, was sentenced by United States Circuit Judge Joseph F. Bianco to 25 years’ imprisonment for his participation in the October 13, 2016 murder of Dewann Stacks, and conspiracy to distribute marijuana. Guevara pleaded guilty to the charges in January 2019. Upon completion of his sentence, Guevara faces deportation from the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“With today’s sentence, Guevara will now pay for participating in the execution of Dewann Stacks as part of MS-13’s warped mission to attack and kill perceived rivals,” stated United States Attorney Donoghue. “The brutality of this murder is a reminder of the necessity of the Eastern District’s and the FBI’s Long Island Gang Task Force’s commitment to eradicate the MS-13.”
“While today’s sentence might not salve the pain this man inflicted on Mr. Stack’s family, and the community terrorized by the violence going on around them, it does send a message to others they will be held accountable for their murderous and criminal actions,” stated FBI Assistant Director-in-Charge Sweeney. “Our FBI Long Island Gang Task Force is doing all we can to stop MS-13 from further harming anyone, and we’ve made a truly significant impact. Having said that, we still need the community members to know they can come forward with information so we can continue the progress.”
“The senseless homicide of Dewann Stacks, who was brutally attacked in an incomprehensible manner, is a reminder of the ruthlessness and violence committed at the hands of MS-13,” stated SCPD Commissioner Hart. “Our commitment to dismantling MS-13 has led to today’s sentencing, and I would like to thank the Eastern District of New York and the FBI’s Long Island Gang Task Force for their dedication to holding these gang members accountable for their heinous crimes.”
“Today’s sentencing in the brutal murder of Dewann Stacks by MS-13 gang member Marlon Guevara shows that law enforcement is working together with our state and federal partners. We will expand every resource to arrest those offenders of these horrific crimes and follow through until conviction and sentencing. Our combined zero tolerance approach will continue to keep our residents and communities safe,” stated NCPD Commissioner Ryder.
According to court filings and facts presented during the sentencing proceeding, on October 13, 2016, Guevara and other MS-13 co-conspirators drove around the streets of Central Islip and Brentwood hunting for rival gang members to attack and kill. They spotted Stacks on American Boulevard in Brentwood and, believing him to be a rival gang member, decided to kill him. Guevara, wielding a machete, and two other MS-13 members, one armed with a machete and the other a baseball bat, attacked Stacks, beating and hacking him to death. The victim sustained severe sharp and blunt force trauma to the face and head, rendering him nearly unrecognizable.
From April 2016 to March 2017, Guevara and members and associates of the Sailors clique sold street-level quantities of marijuana in and around Brentwood. The profits were turned over to the clique leaders, who purchased more marijuana and firearms and wired money to MS-13 leaders in El Salvador
Guevara was 17 years of age at the time of the murder, and was initially charged by a juvenile information. He subsequently agreed to be transferred to adult status for trial and, in January 2019, he waived indictment and pleaded guilty.
Today’s sentencing is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, and they are primarily immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 50 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, New York State Police and Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti and Justina L. Geraci are in charge of the prosecution.
The Defendant:
MARLON GUEVARA (also known as “Mosquito”)
Age: 20
Brentwood, NEW YORKE.D.N.Y. Docket No. 18-CR-275 (S-1) (JFB)
Lower Brule Man Sentenced for Resisting and Impeding a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Resisting and Impeding a Federal Officer was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.
Vincent Battese, age 33, was sentenced to 12 months in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Battese was indicted by a federal grand jury on October 16, 2018. He pled guilty on July 16, 2019.
The conviction stemmed from an incident on October 5, 2018, when law enforcement went to a known address of Battese, who had an outstanding warrant, and observed Battese in a pickup truck driving from the tree line near the residence. When Battese saw law enforcement, a pursuit ensued and Battese sped away reaching speeds of 80 mph on gravel roads. When Battese attempted to take the vehicle off the road, the pickup became stuck in a ditch and Battese was ultimately apprehended.
This case was investigated by the Bureau of Indian Affairs - Lower Brule Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Battese was immediately turned over to the custody of the U.S. Marshals Service.
Long Island Man Sentenced to More Than 10 Years in Prison for Supplying Heroin to Queens-Based Bloods GangRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Stanley Fuller was sentenced to 10 years and one month in prison following his guilty plea to two separate heroin distribution conspiracies. The sentencing was held before United States District Court Judge Jack B. Weinstein. Fuller pleaded guilty to the charges in April 2019.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the sentencing.
“Fuller had a lucrative business selling lethal heroin to gang members, but ultimately all he earned for his efforts was a significant prison sentence,” stated United States Attorney Donoghue. Mr. Donoghue thanked the Department of Homeland Security, New York, the Drug Enforcement Administration, New York Division, and the New York City Police Department for their outstanding work on the case.
Between April 2013 and July 2015, Fuller supplied large quantities of heroin to a “set” of the Bloods street gang known as the Paper Chasing Goons, or POV City, based in Jamaica, Queens. As part of the government’s investigation, members of law enforcement intercepted numerous telephone conversations with Fuller and gang members discussing heroin sales, demand and prices, as well as the quality of heroin sold under the brand names “Sweet Dreams,” “Pepsi” and “First Take,” and feedback from his distributors about those brands. Fuller distributed heroin to the gangs’ street-level dealers who, in turn, sold the heroin in the vicinity of Liberty Park, a park in South Jamaica.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Alicia N. Washington, Erin Reid and Jonathan Algor are in charge of the prosecution.
The Defendant:
STANLEY FULLER (also known as “Webo” and “Morty”)
Age: 43
Valley Stream, New YorkE.D.N.Y. Docket Nos. 15-CR-382 (S-2) (JBW) and 19-CR-21 (JBW)
Local Business Owner Sentenced to Federal Prison for Tax Evasion and Ordered to Pay $409,958.99Read the Press Release
Fayetteville, AR – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced today that Derek E. Sands, age 37, of Lincoln, Arkansas, was sentenced to serve 9 months in federal prison followed by another 9 months of home detention while under electronic monitoring and a term of supervised release for 27 months. He was further ordered to pay a total of $409,958.99 in restitution for his conviction on one felony count of Attempt to Evade or Defeat Tax. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, Sands owned and operated a fencing business in Northwest Arkansas using the business names Sands Fencing, Sands Fencing & Outdoor Living Areas, and Sands Enterprises, Inc. The Internal Revenue Service Criminal Investigation Division began investigating Sands after receiving information that he was, among other things, cashing thousands of dollars of his customer’s checks instead of depositing the checks into a bank account. The investigation revealed that Sands last filed a personal federal income tax return for the tax year 2009, and thus has not filed personal federal income tax returns for tax years 2010-2017, even though he earned income and was required to file a return during each of those years.
The investigation revealed that Sands willfully evaded payment and assessment of income tax. He paid his employees in cash and converted customer’s checks to cash. Sands also gave a family member out-of-state customer’s checks to deposit into the family member’s bank account and then had the family write Sands a check for the same amount so he could cash it at his local bank. When customers paid Sands by credit card, he ran the credit card through his company’s material supplier’s bank account and then had the credit applied to his materials account. As a result of Sand’s actions, the tax loss to the United States is $409,958.99.
Sands was named in a one-count Information filed in the Western District of Arkansas, Fayetteville Division, in June 2019. United States Magistrate Judge Erin L. Wiedemann accepted Sands’ guilty plea in June 2019.
The investigation was conducted by IRS Criminal Investigations Division. Assistant United States Attorney Kimberly Harris prosecuted the case for the United States.
Lexington Man Sentenced to 60 months for Trafficking FentanylRead the Press Release
LEXINGTON, Ky. – Chris D. Lewis, 49, of Lexington, was sentenced Thursday to 60 months in federal prison, by United States District Judge Karen K. Caldwell, for possession with intent to distribute 40 grams or more of fentanyl.
According to his plea agreement, in December 2018, Lexington Police officers apprehended Lewis and located 58 grams of fentanyl and 13 grams of methamphetamine in his coat pocket. Lewis further admitted that he intended to distribute the fentanyl to other persons.
Under federal law, Lewis must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for four years following his release.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Dan Dodds, Special Agent in Charge of the DEA; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
This case was prosecuted as part of the Organized Crime and Drug Enforcement Task Force’s (OCDETF) Operation Synthetic Opioid Surge (SOS), a Department of Justice initiative designed to target trafficking of dangerous synthetic opioids.
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Lev Parnas and Igor Fruman Charged with Conspiring to Violate Straw and Foreign Donor BansRead the Press Release
Defendants Orchestrated Scheme to Advance Their Business Interests and the Political Interests of At Least One Ukrainian Government Official Through Contributions and Donations to Multiple Candidates and Campaign Committees in Violation of Campaign Finance Laws; Two Others Charged in Foreign Donor Scheme
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that LEV PARNAS, IGOR FRUMAN, DAVID CORREIA and ANDREY KUKUSHKIN were charged in a four-count indictment alleging that each of the defendants conspired to violate the ban on foreign donations and contributions in connection with federal and state elections. In addition, PARNAS and FRUMAN were charged with conspiring to make contributions in connection with federal elections in the names of others, and with making false statements to and falsifying records to obstruct the administration of a matter within the jurisdiction of the Federal Election Commission (“FEC”). PARNAS and FRUMAN were arrested yesterday evening at Washington Dulles International Airport and will be presented at 2:00 p.m. this afternoon before U.S. Magistrate Judge Michael S. Nachmanoff in the Eastern District of Virginia. KUKUSHKIN was arrested yesterday in California and will be presented at 10:30 a.m. Pacific Time before U.S. Magistrate Judge Jacqueline Scott Corley in the Northern District of California. CORREIA remains at large. The case is assigned to U.S. District Judge J. Paul Oetken in the Southern District of New York.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Indictment, the defendants broke the law to gain political influence while avoiding disclosure of who was actually making the donations and where the money was coming from. They sought political influence not only to advance their own financial interests but to advance the political interests of at least one foreign official – a Ukrainian government official who sought the dismissal of the U.S. ambassador to Ukraine. Protecting the integrity of our elections – and protecting our elections from unlawful foreign influence – are core functions of our campaign finance laws. And as this Office has made clear, we will not hesitate to investigate and prosecute those who engage in criminal conduct that draws into question the integrity of our political process.”
FBI Assistant Director William F. Sweeney Jr. said: “Campaign finance laws exist for a reason. The American people expect and deserve an election process that hasn’t been corrupted by the influence of foreign interests, and the public has the right to know the true source of campaign contributions. These allegations aren’t about some technicality, a civil violation, or an error on a form. This investigation is about corrupt behavior and deliberate law breaking. The FBI takes the obligation to tackle corruption seriously – there are no exceptions to this rule.”
According to the Indictment[1] unsealed today in Manhattan federal court:
Through its election laws, Congress prohibits foreign nationals from making contributions, donations, and certain expenditures in connection with federal, state, and local elections. The election laws also prohibit individuals from using straw donors to make legal contributions in their own names, rather than in the name of the true source of the funds. The purpose of these laws is to prevent the electoral system from illegal foreign influence, and to further inform candidates, their campaign committees, federal regulators and the public of the true sources of contributions. In or about 2018, the defendants violated these laws by, among other things, agreeing to facilitate foreign donations to federal and state candidates, and agreeing to make straw donations to federal candidates in an effort to conceal true sources of the funds.
The Straw Donor Scheme
In or about March 2018, PARNAS and FRUMAN began attending political fundraising events in connection with federal elections and making substantial contributions to candidates, joint fundraising committees, and independent expenditure committees with the purpose of enhancing their influence in political circles and gaining access to politicians. PARNAS and FRUMAN, who had no significant prior history of political donations, sought to advance their personal financial interests and the political interests of at least one Ukrainian government official with whom they were working.
In or about May 2018, to obtain access to exclusive political events and gain influence with politicians, PARNAS and FRUMAN made a $325,000 contribution to an independent expenditure committee (“Committee-1”) and a $15,000 contribution to a second independent expenditure committee (“Committee-2”). Despite the fact that the FEC forms for these contributions required PARNAS and FRUMAN to disclose the true donor of the funds, they falsely reported that the contributions came from Global Energy Producers (“GEP”), a purported liquefied natural gas (“LNG”) import-export business that was incorporated by FRUMAN and PARNAS around the time the contributions were made. In truth and in fact, the donations to Committee-1 and Committee-2 did not come from GEP funds. Rather, the donations came from a private lending transaction between FRUMAN and third parties, and never passed through a GEP account. PARNAS and FRUMAN deliberately made the contributions in GEP’s name in order to evade federal reporting requirements and to conceal that they were the true source of the contributions, including so as to hide from creditors the fact that they had access to funding. When media reports about the GEP contributions first surfaced, an individual working with PARNAS remarked, “[t]his is what happens when you become visible . . . the buzzards descend,” to which PARNAS responded, “[t]hat’s why we need to stay under the radar. . . .”
Among other donations alleged to have been made in furtherance of the scheme, in or about May and June 2018, PARNAS and FRUMAN committed to raise $20,000 or more for a then-sitting U.S. Congressman (“Congressman-1”). At and around the same time PARNAS and FRUMAN committed to raising those funds for Congressman-1, PARNAS met with Congressman-1 and sought Congressman-1’s assistance in causing the U.S. Government to remove or recall the then-U.S. Ambassador to Ukraine (the “Ambassador”). PARNAS’s efforts to remove the Ambassador were conducted, at least in part, at the request of one or more Ukrainian government officials. Moreover, in an effort to reach their contribution commitment to Congressman-1 and further their political goals, in or about June 2018, after FRUMAN had already made a maximum $2,700 contribution to Congressman-1, FRUMAN paid for another maximum $2,700 contribution to Congressman-1 that was made and reported in PARNAS’s name.
In response to a complaint filed with the FEC regarding the $325,000 contribution to Committee-1, and to further conceal the true source of the funds used to make certain of their donations, in or about October 2018, PARNAS and FRUMAN submitted sworn affidavits to the FEC that contained false statements, including that the contribution to Committee-1 “was made with GEP funds for GEP purposes” and that “GEP is a real business enterprise funded with substantial bona fide capital investment; its major purpose is energy trading, not political activity.”
The Foreign Donor Scheme
Beginning in or around July 2018, PARNAS, FRUMAN, CORREIA, and KUKUSHKIN made plans to form a recreational marijuana business (the “Business Venture”) that would be funded by Foreign National-1, a Russian national, and required gaining access to retail marijuana licenses in particular states, including Nevada (the “Business Venture”). To further the Business Venture, PARNAS, FRUMAN, CORREIA, and KUKUSHKIN planned to use Foreign National-1 as a source of funding for donations and contributions to state and federal candidates and politicians in Nevada, New York, and other states to facilitate acquisitions of retail marijuana licenses.
In or about September and October 2018, CORREIA drafted a table of political donations and contributions, which was subsequently circulated to the defendants and Foreign National-1. The table described a “multi-state license strategy” to make between $1million and $2 million in political contributions to federal and state political committees. The table also included a “funding” schedule of two $500,000 transfers. Foreign National-1 then arranged for two $500,000 wires on or about September 18, 2018, and October 16, 2018, to be sent from overseas accounts to a U.S. corporate bank account controlled by FRUMAN and another individual.
PARNAS, FRUMAN, CORREIA, and KUKUSHKIN then used those funds transferred by Foreign National-1, in part, to attempt to gain influence and the appearance of influence with politicians and candidates. For example, on or about October 20, 2018, PARNAS, FRUMAN, and KUKUSHKIN attended a campaign rally for a candidate for a statewide office in Nevada (“Candidate-1”), at which a different Nevada state candidate was present (“Candidate-2”). Following that event, on or about November 1, 2018, a donation in the amount of $10,000 was made to Candidate-2 in FRUMAN’s name, but it was funded with funds from Foreign National-1. On or about November 1, 2018, a donation in the amount of $10,000 was made to Candidate-1 in FRUMAN’s name, but it was funded with funds from Foreign National-1. On or about November 4, 2018, PARNAS asked KUKUSHKIN to arrange for additional funding from Foreign National-1 to make an additional donation to Candidate-1, to which KUKUSHKIN responded that the $1 million Foreign National-1 had already provided to GEP was “in order to cover all the donations whatsoever.” Further communications confirm the defendants’ use of foreign funds – and, in particular, funds from Foreign National-1 – to make the donations described above. For example, on or about October 30, 2018, Foreign National-1 wrote to PARNAS, FRUMAN, and KUKUSHKIN that he had “fulfilled all my obligations completely,” including “500 [for] Nevada” in order to “work on obtaining licenses [in] these states.” KUKUSHKIN similarly noted in response that “Money transferred by [Foreign National-1] to [GEP] was to support the very specific people & states (per [FRUMAN’s] table) in order to obtain green light for licensing.”
Although PARNAS, FRUMAN, CORREIA, and Foreign National-1 continued to meet into the spring of 2019, the Business Venture did not come to fruition.
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PARNAS, 47, FRUMAN, 53, CORREIA, 44, all Florida residents, and KUKUSHKIN, 46, a California resident, are each charged with one count of conspiring to violate the ban on foreign donations and contributions in connection with federal and state elections, which carries a maximum sentence of five years in prison. PARNAS and FRUMAN are also each charged with one count of conspiring to make contributions in connection with federal elections in the names of others, which carries a maximum sentence of five years in prison; one count of making false statements, which carries a maximum sentence of five years in prison; and one count of falsifying records to obstruct the administration of a matter within the jurisdiction of the FEC, which carries a maximum sentence of 20 years in prison.
The statutory maximum and mandatory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Rebekah Donaleski and Nicolas Roos are in charge of the prosecution.
The charges contained in the Indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described therein should be treated as an allegation.
Law Enforcement Takedown Targets Interstate Drug Trafficking OrganizationRead the Press Release
MEDFORD, Ore.—Five people have been charged for their roles in a conspiracy to distribute methamphetamine and heroin manufactured in Mexico in and around Klamath Falls, Oregon, announced Billy J. Williams, U.S. Attorney for the District of Oregon.
Rogelio Gomez-Arias, 23, Irving Beas Ceballos, 34, Alexis Chavez-Franco, 22, and Domingo Matias-Hernandez, 36, are each charged by indictment with conspiring to distribute and possess with intent to distribute methamphetamine between May and October 2018. Additionally, Ceballos is charged with possessing methamphetamine and heroin with the intent to distribute and Gomez-Arias, Chavez-Franco and Matias-Hernandez are charged with distributing methamphetamine.
Juan Rodriguez-Ramirez, 62, is charged by criminal complaint with conspiracy to possess with intent to distribute methamphetamine.
All defendants are known to reside in and around Klamath Falls and Dorris, California.
On October 9, 2019, a coordinated, multi-agency law enforcement operation was conducted to dismantle the drug trafficking organization. Five federal search warrants were executed in Klamath Falls and Dorris. Investigators seized more than 37 pounds of methamphetamine, 440 grams of heroin, 14 firearms, and nearly $50,000 in cash and arrested all five defendants.
All five defendants made their first appearances in federal court today before U.S. Magistrate Judge Mark D. Clarke and were detained pending further proceedings. Conspiring to distribute and possessing with intent to distribute methamphetamine carries a maximum sentence of life in prison with a 10-year mandatory minimum.
This case was investigated by the U.S. Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), the Basin Interagency Narcotics Enforcement Team (BINET) and the Siskiyou Unified Major Investigation Team (SUMIT). It is being prosecuted the U.S. Attorney’s Office for the District of Oregon.
An indictment and criminal complaint are only accusations of a crime, and defendants are presumed innocent unless and until proven guilty.
This case was brought as part of the Justice Department’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the department’s strategy for reducing the availability of drugs in the U.S. OCDETF was established in 1982 to mount a comprehensive attack on drug trafficking by disrupting and dismantling major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in coordination with state and local law enforcement.
Kent County Man Charged with Federal Wire Fraud and Tax CrimesRead the Press Release
The five-count indictment alleges that Brian John Scalabrino, formerly of East Grand Rapids, embezzled more than $250,000 from his former employer, and filed false tax returns
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that a federal grand jury charged Brian John Scalabrino, 46, with wire fraud for embezzling more than $250,000 from his former employer, Metal Standard Corporation of Holland, Michigan. He was also charged with four counts of filings false tax returns. He was arrested on these charges and appeared in court today.
The wire fraud charge carries a possible prison term of 20 years. The tax charges carry a possible prison term of three years each.
The indictment alleges that Scalabrino, who was the former Director of Finance for Metal Standard Corporation, embezzled money by altering his payroll records to show a negative federal income tax withholding amount for most pay periods. This fraudulently raised his income most pay periods so that his net income exceeded his reported gross income. He used this method to fraudulently increase his annual pay each year.
The indictment further alleges that Scalabrino created false IRS Form W-2 Wage and Tax Statements which showed fictitious amounts of federal tax withheld from his paycheck. He submitted these false Forms W-2 to the IRS when he filed his federal income tax returns. Scalabrino also wired additional money from Metal Standard Corporation to the United States Treasury to pay the federal income taxes that had not been withheld from his paychecks. Finally, the indictment alleges that Scalabrino filed four false tax returns for each tax year from 2013 through 2016.
The Criminal Investigation section of the Internal Revenue Service is handling this investigation. Assistant U.S. Attorney Clay Stiffler is handling the prosecution.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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James Nickolas Renfro Sentenced to Serve 200 Months in Prison for Distributing Child PornographyRead the Press Release
CHATTANOOGA, Tenn – On October 9, 2019, James Nickolas Renfro, 27, of Chattanooga, Tennessee, was sentenced by the Honorable Curtis L. Collier, Senior U.S. District Court Judge, to serve 200 months in federal prison.
Renfro pleaded guilty on June 19, 2019, to distributing child pornography. The defendant admitted in Court that he had placed an online advertisement offering to permit other collectors of child pornography to engage in a live online session with an 8-year-old child while the child was in a bathtub. The advertisement included nude images of an acquaintance’s child in a bathtub. The defendant admitted that his goal was to trade the live sessions for images of child pornography. The defendant surrendered his electronic devices to law enforcement officials, and a subsequent search of his devices revealed numerous images of child pornography.
“Individuals who distribute child pornography further injure innocent victims each time these illegal images are distributed more widely online," said John Condon, special agent in charge of Homeland Security Investigations Nashville. “Child sex abuse is one of the most serious crimes HSI investigates due to the lasting psychological and physical damage it can inflict on victims, and as such it will continue to be one of the agency’s highest priorities.”
United States Attorney J. Douglas Overbey emphasized the importance of seeking lengthy terms of imprisonment for those convicted of offenses involving the exploitation of children, stating, “Defendants such as Mr. Renfro are dangerous predators, and our office will continue in our vigorous efforts to protect our children, the most vulnerable and innocent of our society.”
The case was investigated by Homeland Security Investigations, Special Agent David Nalley. Assistant U.S. Attorney James T. Brooks prosecuted the case for the United States.
Illegal Alien Sentenced to 41 Months in Federal Prison for Unlawfully Re-Entering the United StatesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Carlos Humberto Moreno-Hernandez (49, Honduras) to 41 months in federal prison for illegally re-entering the United States after previously being deported. Moreno-Hernandez had pleaded guilty on July 19, 2019.
According to evidence presented in court, on May 17, 2019, deputies from the Orange County Sheriff’s Office arrested Moreno-Hernandez on a state criminal charge of operating a motor vehicle without a valid license. Agents soon discovered that Moreno-Hernandez had previously been deported from the United States on six occasions. Moreno-Hernandez also had three prior felony illegal re-entry convictions, four prior drug-related convictions, and six prior DUI convictions.
This case was investigated by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (Orlando) and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Honduran Man Recently Charged with Illegal Re-Entry Faces Additional Firearms & Drug Distribution ChargesRead the Press Release
NASHVILLE, Tenn. – October10, 2019 – Franklin Pineda-Caceras, aka “Bomba”, 19, of Honduras, was indicted yesterday by a federal grand jury and charged with immigration violations, firearms and drug offenses, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Pineda-Caceras was previously charged last month with illegally re-entering the United States after having been previously deported.
In addition to the immigration charge, the indictment charges Pineda-Caceras with being an illegal alien in possession of ammunition on July 17, 2019, and on September 8, 2019 - being an illegal alien in possession of a firearm and ammunition; possessing another firearm which had the serial number removed; possession with intent to distribute marijuana and cocaine; and possession of a firearm in furtherance of a drug crime.
According to charging documents, agents with Homeland Security Investigations (HSI) and officers of the Metropolitan Nashville Police Department (MNPD) first encountered Pineda-Caceres in October 2017, during the execution of an arrest warrant on another individual at a Nashville residence. Pineda-Caceres was taken into custody at that time by the MNPD and charged with drug crimes. HSI agents determined that Pineda-Caceres unlawfully entered the United States in 2014 and a final order of removal was issued in June 2016.
In February 2018, Pineda-Caceres was transferred to the custody of HSI and on May 3, 2018, he was placed on a plane and deported from the United States.
In July, HSI and MNPD learned that Pineda-Caceres had returned to the United States and attempted to arrest him at a residence in Nashville on an outstanding warrant for aggravated kidnapping. Pineda-Caceres was able to evade arrest but officers found cocaine, marijuana and digital scales inside the car he abandoned.
On September 8, Pineda-Caceres was involved in an automobile accident in Nashville and MNPD officers recovered a substantial amount of cocaine from his vehicle. Pineda Caceres was transported to Vanderbilt Hospital where MNPD officers subsequently identified him and arrested him on the outstanding kidnapping warrant.
If convicted, Pineda-Caceres faces a minimum of five years and up to life in prison.
This case is being prosecuted by Assistant U.S. Attorney Ahmed Safeeullah.
An indictment is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
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High Desert Tax Preparer Sentenced to More Than 2 Years in Prison for Tax Scheme that Collected over $1 Million in Fraudulent RefundsRead the Press Release
LOS ANGELES – A San Bernardino County tax preparer was sentenced this morning to 26 months in federal prison for filing fraudulent tax returns with the IRS as part of a scheme that illegally generated more than $1 million in refunds.
Scott Douglas Cutting Sr., 70, of Apple Valley, was sentenced by United States District Judge George H. Wu, who also ordered Cutting to pay $1,392,765 in restitution to the IRS.
After a three-day trial in April, a federal jury found Cutting guilty of six counts of aiding and assisting in the preparation of false and fraudulent tax returns.
Cutting, who portrayed himself as a certified public accountant despite his CPA license expiring 30 years ago, prepared and filed fraudulent tax returns on behalf clients. Cutting had tax refunds – which typically were hundreds or thousands of dollars from each fraudulent tax return – directly deposited into his own bank accounts, often giving his clients nothing or only a small portion of the refund.
Cutting filed tax returns on behalf of low- or no-income individuals that falsely claimed income or credits to create a tax refund. Cutting electronically filed the returns with the IRS, but he did not identify himself as the preparer of the tax returns. Cutting often filed tax returns for people when he had no authority to do so – including for dead people – using personal identifying information of individuals and their family members without their permission. He often hired “recruiters” to purchase taxpayers’ personal identifying information to use in his fraudulent tax returns.
Between 2008 and 2016, Cutting prepared and filed approximately 477 false or fraudulent tax returns, and the IRS issued approximately $1,392,765 in refunds, according to the government’s sentencing memorandum.
This case was investigated by IRS Criminal Investigation.
This matter was prosecuted by Assistant United States Attorneys Veronica M.A. Alegría and Bryant Y. Yang of the International Narcotics, Money Laundering, and Racketeering Section.
Hartford Drug Trafficker Sentenced to 3 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that LUIS RODRIGUEZ, 33, formerly of Hartford, was sentenced yesterday by U.S. District Judge Michael P. Shea in Hartford to 36 months of imprisonment, followed by three years of supervised release, for distributing heroin and fentanyl in Hartford.
According to court documents and statements made in court, in August 2017, the Drug Enforcement Administration’s Hartford Task Force launched an investigation into an organization that was selling large amounts of heroin, fentanyl and other narcotics in Hartford. The investigation, which included approximately six months of court-authorized wiretaps, controlled purchases of narcotics and physical surveillance, revealed that members of the organization, including Rodriguez, supplied distribution quantities of narcotics to several Hartford-area drug dealers, and used multiple locations in Hartford to process, store and distribute narcotics.
Rodriguez was intercepted during wiretapped conversations discussing the extensive narcotics distribution enterprise, and attempting to broker the acquisition of firearms.
Rodriguez and other members of the organization were arrested on July 19, 2018. On that date, investigators executed 10 search warrants and seized approximately 2.7 kilograms of fentanyl, one kilogram of heroin, approximately 500 grams of crack cocaine, 100 grams of cocaine, eight firearms, cash, and other evidence of narcotics trafficking activity.
On August 2, 2018, a grand jury in Hartford returned an indictment charging Rodriguez and 15 co-defendants with various offenses.
On May 22, 2019, Rodriguez pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute heroin, fentanyl, cocaine and cocaine base (“crack”).
Rodriguez, who is currently residing in Rocky Hill while released on a $100,000 bond, is required to report to prison on November 15.
The Drug Enforcement Administration’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. Agencies assisting the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Connecticut Department of Correction, and the East Hartford, New Britain, Newington and West Hartford Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.