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Wednesday 2 October 2019
Hattiesburg Man Pleads Guilty under Project EJECT to Illegally Possessing FirearmRead the Press Release
Hattiesburg, Miss. – James Douglas Maxwell, 26, of Hattiesburg, pled guilty today before Senior U.S. District Judge Keith Starrett to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Maxwell was previously convicted in Forrest County in 2013 of being an accessory after the fact to armed robbery and was sentenced to serve 20 years in the custody of the Mississippi Department of Corrections, but with all 20 of those years suspended. On February 14, 2019, Maxwell was found in possession of a firearm during a traffic stop in Hattiesburg.
Maxwell will be sentenced by Judge Starrett on January 9, 2020 at 10:15 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
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.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Forrest County Sheriff’s Office investigated the case. The case is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Guatemalan National Admits to Illegal Reentry, Trafficking HeroinRead the Press Release
PROVIDENCE – A Guatemalan national removed from the United States in June 2004 admitted in federal court in Providence today that he reentered the country illegally, and while in the country illegally in February 2019 sold an individual nearly a kilogram of heroin.
Eduardo Alvarez-Gamez, 42, of Providence, was arrested by members of the Rhode Island Drug Enforcement Administration (DEA) Task Force on February 26, 2019, moments after, for the second time in four hours, he sold an individual significant quantities of heroin. According to information presented to the Court, both transactions occurred while Alvarez-Gomez was under surveillance by members of the DEA drug task force that were investigating his drug trafficking activities. He was arrested after making the second delivery while inside a vehicle in the vicinity of his Providence residence.
Appearing today before U.S. District Court Chief Judge William E. Smith, Alvarez-Gamez pleaded guilty to entry into the United States after removal and distribution of 100 grams or more of heroin, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the DEA’s New England Field Division Brian D. Boyle.
Alvarez-Gamez is scheduled to be sentenced on December 20, 2019. Illegal reentry is punishable by statutory penalties of up to 20 years imprisonment followed by 3 years supervised release. Distribution of more than 100 grams of heroin is punishable by a term of between 5 - 40 years imprisonment to be followed by a mandatory term of supervised release of 4 years.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The Rhode Island DEA Drug Task Force is comprised of law enforcement personnel from DEA, Rhode Island State Police, and the East Providence, Central Falls, Coventry, Cranston, Newport, North Kingstown, Pawtucket, Providence, South Kingstown, Warwick, West Warwick and Woonsocket Police Departments.
Grand Jury Indicts Ed Buck on Drug Trafficking Offenses, including Giving Methamphetamine to 2 Victims Who Suffered Fatal OverdosesRead the Press Release
LOS ANGELES – Edward Buck was indicted this afternoon by a federal grand jury on a series of narcotics distribution offenses, including providing methamphetamine to two men who died after being injected with the drug.
Buck, a 65-year-old West Hollywood resident, was named in a five-count indictment that charges him with two counts of distributing methamphetamine resulting in death.
The indictment alleges that Buck provided methamphetamine to Gemmel Moore, who overdosed on the drug and died on July 27, 2017, and Timothy Dean, who also suffered a fatal overdose in Buck’s apartment, on January 7, 2019.
Each of the charges alleging the distribution of narcotics resulting in death carries a mandatory minimum sentence of 20 years in federal prison and a maximum penalty of life without parole.
Buck also faces three counts of distributing methamphetamine to men in May 2018, December 2018 and last month. Each of these three charges carries a maximum statutory penalty of 20 years in federal prison. Buck's arraignment has been scheduled for Oct. 10 in United States District Court in downtown Los Angeles.
The indictment alleges that Buck “engaged in a pattern of soliciting men to consume drugs that Buck provided and perform sexual acts at Buck’s apartment,” which is a practice described as “party and play.” Buck allegedly solicited victims on social media platforms, including a gay dating website, and used a recruiter to scout and proposition men.
Once the men were at his apartment, Buck allegedly prepared syringes containing methamphetamine, sometimes personally injecting the victims with or without their consent, according to the indictment. Buck also allegedly injected victims with more narcotics than they expected and sometimes injected victims while they were unconscious.
“Buck exerted power over his victims, often targeting vulnerable individuals who were destitute, homeless, and/or struggled with drug addiction, in order to exploit the relative wealth and power imbalance between them,” the indictment alleges.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
Buck also faces charges, including operating a drug house, that were filed last month by the Los Angeles County District Attorney’s Office. Buck is currently being held in federal custody without bond, and the federal case is expected to proceed first.
The federal case is being investigated by the Drug Enforcement Administration, the Los Angeles County Sheriff’s Department and the FBI. The investigation is being conducted with the support of the Organized Crime Drug Enforcement Task Force.
This case is being prosecuted by Assistant United States Attorneys Chelsea Norell and Brittney M. Harris of the International Narcotics, Money Laundering, and Racketeering Section.
Grand Junction Man Sentenced to Federal Prison for Destroying Acres of Federal Land with A BulldozerRead the Press Release
GRAND JUNCTION – United States Attorney Jason R. Dunn announced that Robert Timothy Allen was sentenced yesterday by Senior U.S. District Court Judge Marcia S. Krieger to serve 13 months in federal prison for depredation of federal property. In addition to the prison sentence, Allen was ordered to serve 3 years on supervised release and pay $20,300 in restitution to the Bureau of Land Management (BLM) to repair the land he damaged. At sentencing, Judge Krieger emphasized that Allen’s felony conviction means he can no longer legally possess firearms. Another fact considered by the Judge at sentencing was that Allen made threats to turn his arrest into an armed conflict.
Defendant Allen was indicted in 2016 and charged for damaging federal land in Saguache County between July 24, 2013, and May 22, 2014. After indictment, Allen evaded arrest for nearly two years before being arrested and ultimately detained in 2018. According to evidence presented at trial, Allen dug-up about three acres of federal land with a bulldozer. While he claimed to be lawfully prospecting federal land, he received four official notices from the Bureau of Land Management and the Colorado Division of Reclamation, Mining, and Safety that he was violating the law and directing him to stop. After refusing to stop violating the law, he was prosecuted by the United States Attorney’s office.
Allen was convicted following a three day trial that ended on August 14, 2019. The jury took less than an hour of deliberation to convict him.
“The defendant damaged precious resources that will take money and time to repair,” said U.S. Attorney Jason R. Dunn. “The consequences of his actions, and his felony conviction, will follow him for the rest of his life.”
“We appreciate the hard work of everyone involved in ensuring we live up to the public’s trust in our management of the public’s land,” said BLM Colorado State Director Jamie Connell.
This case was prosecuted by Assistant United States Attorneys Jeremy Chaffin and Kelly Winslow.
Georgia business owner sentenced for identity theft and credit card schemeRead the Press Release
ATLANTA – Kingston Ansah, the owner of a Georgia shipping company, has been sentenced to federal prison for an identity theft and credit card scheme. Ansah has been in federal custody since he attempted to flee the country after learning of these charges in November 2017.
“Identity theft and credit card fraud is an all too common problem in the business community,” said U.S. Attorney Byung J. (“BJay”) Pak. “Thieves like Ansah continue to pursue new ways to enrich themselves at others’ expense. We will employ every tool available to catch and prosecute people who seek to take what is not theirs.”
“Postal Inspectors, along with our law enforcement partners from the Social Security OIG, were able to unravel this sophisticated financial scheme that resulted in bringing this perpetrator to justice,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “We will continue to be vigilant in pursuing individuals who illegally utilize the mail system for illicit financial gain.”
“The Social Security OIG will continue to partner with the Department of Justice and other law enforcement agencies to uphold the integrity of the Social Security number and prevent its misuse for profit,” said Rodregas Owens, Special Agent-in-Charge of the Social Security Administration, Office of the Inspector General, Atlanta Field Division. “I want to thank the U.S. Postal Inspection Service and the U.S. Attorney’s Office for pursuing this case and bringing an end to this individual’s fraudulent activities.”
According to U.S. Attorney Pak, the charges and other information presented in court: Kingston Ansah was the owner of “Oceane Cargo Link,” an Atlanta company that specialized in shipping products around the world. Beginning in 2016, Ansah made over $800,000 worth of credit card transactions using fraudulently obtained credit cards. The fraudulently obtained credit cards had been obtained by combining real and false personal identifying information (what are commonly known as “synthetic identities”). The fraudulent credit card transactions caused financial institutions to send hundreds of thousands of dollars to bank accounts under Ansah’s control.
In November 2017, U.S. Postal inspectors executed search warrants at Ansah’s home and Oceane Cargo Link’s headquarters. At Oceane Cargo Link, Postal Inspectors found dozens of fabricated driver’s licenses and fraudulent credit cards as well as folders cataloging individual synthetic identity profiles. In October 2017, Ansah was notified through his attorney that a federal grand jury had returned an indictment charging him with these offenses. Instead of surrendering to federal authorities, Ansah purchased a one-way plane ticket back to his native country of Ghana. Fortunately, U.S. Postal Inspectors learned of Ansah’s attempt to flee and arrested him as he waited to board his flight at Atlanta Hartsfield Jackson International Airport.
Kingston Ansah, 37, of Atlanta, Georgia, was sentenced to four years, nine months in prison, and three years of supervised release. Ansah was also ordered to pay full restitution to the victims.
The U.S. Postal Inspection Service and the Social Security Administration investigated this case.
Assistant U.S. Attorney Thomas J. Krepp prosecuted 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.
Former Superintendent of Oswego Wastewater Treatment Plant Sentenced for Clean Water Act ViolationRead the Press Release
SYRACUSE, NEW YORK - Gary Hallinan, 61, of Oswego, New York, was sentenced yesterday to 2 years of probation and a $1,000 fine after previously pleading guilty in federal court in Syracuse to negligently discharging wastewater from the City of Oswego Wastewater Treatment Plant into Lake Ontario in violation of the Clean Water Act on three dates between March 2015 and June 2015, announced Grant C. Jaquith, United States Attorney; Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Bernard Rivers, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).
Hallinan admitted when he pled guilty that in December 2014, while he was the Superintendent of the Oswego Wastewater Treatment Plant, the plant’s centrifuge, an essential piece of equipment to process wastewater and remove untreated or improperly treated sewage, stopped operating. As a result, the plant could no longer properly remove sewage from its wastewater. Over the next five months, Hallinan, as the superintendent of the plant, failed to take action to remove sewage from the plant’s wastewater or to report the broken centrifuge to the New York State Department of Environmental Conservation. As a result of the defendant’s negligence, the Oswego Wastewater Treatment Plant discharged wastewater containing solid sewage in violation of its permit under the Clean Water Act. These discharges took place on March 1, 2015; June 19, 2015; and June 23, 2015. The concentration of solid matter in the water discharged into Lake Ontario on June 23, 2015, was approximately 60 times higher than allowed by the plant’s permit.
United States Magistrate Judge David E. Peebles imposed the sentence, which included an order directing Hallinan to perform 200 hours of community service.
This case was investigated by the United States EPA-CID, the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and it was prosecuted by Assistant United States Attorney Michael F. Perry.
Former Police Officer with Bay Pines VA Health Center Indicted for Obstruction and Civil Rights ViolationsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Norman Nicholson (56, Largo) with one count of making false records in a federal investigation and one count of depriving an individual of their rights under color of law. If convicted, Nicholson faces a maximum penalty of 20 years’ imprisonment for the obstruction charge and up to one year in federal prison for the civil rights violation.
According to the indictment, while employed as a police officer with the Bay Pines Veterans Affairs facility, Nicholson used excessive and unreasonable force during the arrest of a United States Army veteran. Nicholson then authored two false arrest affidavits and a police report in which he attempted to cover up the incident.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.
Former North Carolina State Political Party Chairman Pleads Guilty to Making a False Statement to the FBIRead the Press Release
The former chairman of a North Carolina state political party pleaded guilty today to making a false statement to the FBI in connection with a federal investigation into the attempted bribery of a North Carolina elected official. U.S. Magistrate Judge David S. Cayer presided over the plea hearing.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew Murray for the Western District of North Carolina and Special Agent in Charge John A. Strong of the FBI Charlotte Field Office made the announcement.
On March 18, 2019, a criminal indictment was filed in the Western District of North Carolina, charging Robert Cannon Hayes, 74, of Concord, North Carolina, who at the time was Chairman of a state political party in North Carolina; Greg E. Lindberg, founder and Chairman of Eli Global LLC (Eli Global) and the owner of Global Bankers Insurance Group (GBIG); John D. Gray, a consultant for Lindberg; and John V. Palermo, an Eli Global executive, for allegedly attempting to make improper campaign contributions to the elected Commissioner of Insurance (Commissioner) of the North Carolina Department of Insurance (NCDOI), in exchange for official personnel action favorable to Lindberg’s company, GBIG.
According to admissions Hayes made in connection with his guilty plea, on or about Aug. 28, 2018, Hayes falsely stated to FBI agents that he had never spoken with the NCDOI Commissioner about personnel or personnel problems at NCDOI or about Lindberg or Gray. At the time that Hayes made the false statements, the FBI was investigating matters related to the attempted bribery of the Commissioner, therefore the defendant’s false statements were material to the investigation.
As Hayes admitted in court today, at the time he made the materially false statements, Hayes knew that it was unlawful to lie to the FBI, and knew that his statements were false because Hayes had in fact spoken with the NCDOI Commissioner about Lindberg and Gray, and about Lindberg’s request that the Commissioner move certain personnel within NCDOI.
Lindberg, Gray, and Palermo are each charged with conspiracy to commit honest services wire fraud, and bribery concerning programs receiving federal funds and aiding and abetting. Their charges are still pending. The details contained in the indictment are allegations. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Charlotte Field Office is leading the investigation.
Trial Attorney James C. Mann of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys William Stetzer and Dana Washington of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Former North Carolina State Political Party Chairman Pleads Guilty to Making A False Statement to the FBIRead the Press Release
UPDATE
John V. Palermo, a defendant in this case, was acquitted of the charges alleged in the indictment as described in the press release below.
CHARLOTTE, N.C. – The former chairman of a North Carolina state political party pleaded guilty today to making a false statement to the FBI in connection with a federal investigation into the attempted bribery of a North Carolina elected official. U.S. Magistrate Judge David S. Cayer presided over the plea hearing.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew Murray for the Western District of North Carolina and Special Agent in Charge John A. Strong of the FBI Charlotte Field Office, made the announcement.
On March 18, 2019, a criminal indictment was filed in the Western District of North Carolina, charging Robert Cannon Hayes, 74, of Concord, North Carolina, who at the time was Chairman of a state political party in North Carolina; Greg E. Lindberg, founder and Chairman of Eli Global LLC (Eli Global) and the owner of Global Bankers Insurance Group (GBIG); John D. Gray, a consultant for Lindberg; and John V. Palermo, an Eli Global executive, for allegedly attempting to make improper campaign contributions to the elected Commissioner of Insurance (Commissioner) of the North Carolina Department of Insurance (NCDOI), in exchange for official personnel action favorable to Lindberg’s company, GBIG.
According to admissions Hayes made in connection with his guilty plea, on or about Aug. 28, 2018, Hayes falsely stated to FBI agents that he had never spoken with the NCDOI Commissioner about personnel or personnel problems at NCDOI or about Lindberg or Gray. At the time that Hayes made the false statements, the FBI was investigating matters related to the attempted bribery of the Commissioner, therefore the defendant’s false statements were material to the investigation.
As Hayes admitted in court today, at the time he made the materially false statements, Hayes knew that it was unlawful to lie to the FBI, and knew that his statements were false because Hayes had in fact spoken with the NCDOI Commissioner about Lindberg and Gray, and about Lindberg’s request that the Commissioner move certain personnel within NCDOI.
Lindberg, Gray, and Palermo are each charged with conspiracy to commit honest services wire fraud, and bribery concerning programs receiving federal funds and aiding and abetting. Their charges are still pending. The details contained in the indictment are allegations. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Charlotte Field Office is leading the investigation.
Trial Attorney James C. Mann of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys William Stetzer and Dana Washington of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Former McKeesport Resident Pleads Guilty to Conspiring to Distribute Heroin and CocaineRead the Press Release
PITTSBURGH, Pa. – A former resident of McKeesport, Pennsylvania, pleaded guilty in federal court to charges of conspiracy to distribute and possession with intent to distribute heroin and cocaine, United States Attorney Scott W. Brady announced today.
Leonard Wygant, age 37, pleaded guilty to two counts before Senior United States District Court Judge Donetta W. Ambrose. Judge Ambrose scheduled sentencing for March 26, 2020.
In connection with the guilty plea, the court was advised that the FBI received information that Leonard Wygant conspired to distribute drugs with Thomas Thornton. Agents executed a search warrant at Wygant’s McKeesport residence on May 22, 2018. From the residence, agents recovered: a 9mm semi-automatic handgun, with a loaded magazine; a .45 caliber handgun, with a loaded magazine; a holster; ammunition; two Airsoft vests; stamp bags of heroin; a larger bag of heroin; several small baggies of cocaine; scales and other materials indicative of drug packaging/sales; and two cellphones. Ammunition and a baggie of cocaine were found in the room purported to be Wygant’s on the nightstand next to his casino player’s card.
The law provides for a maximum total sentence of not more than 30 years in prison, a fine of $2,000,000, 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. Judge Ambrose ordered the defendant to remain detained pending sentencing.
The Federal Bureau of Investigation’s Western Pennsylvania Opioid Task Force conducted the investigation leading to the Indictment in this case. Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
Former Forsyth County Commissioner Arrested for Filing False Tax Returns and Failing to File a Tax ReturnRead the Press Release
A former Forsyth County Commissioner was arrested today on charges of filing false tax returns and failing to file a federal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew G.T. Martin of the Middle District of North Carolina.
On Sept. 30, 2019, a federal grand jury in Greensboro, North Carolina, returned an indictment charging Witherspoon with three counts of filing a false tax return and one count of failing to file a federal tax return. The indictment was unsealed following Witherspoon’s arrest.
According to the indictment and other court documents, Everette Witherspoon, Jr., of Forsyth County was a managing member of “Chris’s Rehablative [sic] Services” (CRS), a mental health services provider, in Greensboro, North Carolina. Witherspoon also allegedly co-owned and operated two tax return preparation businesses - Quick Taxes LLC, in Greensboro, and Fast Tax Inc., in Winston-Salem. For the 2013 through 2015 tax years, Witherspoon allegedly filed false personal tax returns with the Internal Revenue Service (IRS) by not reporting his county commissioner wages on those returns, and falsely underreporting his gross receipts for CRS as well as his total income. The indictment also charges that despite having gross income in excess of the filing requirements set by federal law, Witherspoon failed to file a personal income tax return with the IRS for 2012.
If convicted, Witherspoon faces a statutory maximum sentence of three years for each count of filing a false tax return and one year in prison for the remaining charged count. He also faces a period of supervised release and monetary penalties.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Martin commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Lauren Castaldi of the Tax Division and Criminal Division Chief Clifton T. Barrett of the Middle District of North Carolina, who are prosecuting the case.
Former Forsyth County Commissioner Arrested for Filing False Tax Returns and Failing to File a Tax ReturnRead the Press Release
WASHINGTON – A former Forsyth County Commissioner was arrested today on charges of filing false tax returns and failing to file a federal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew G.T. Martin of the Middle District of North Carolina.
On Sept. 30, 2019, a federal grand jury in Greensboro, North Carolina, returned an indictment charging Witherspoon with three counts of filing a false tax return and one count of failing to file a federal tax return. The indictment was unsealed following Witherspoon’s arrest.
According to the indictment and other court documents, Everette Witherspoon Jr., of Forsyth County, was a managing member of “Chris’s Rehablative [sic] Services” (CRS), a mental health services provider, in Greensboro, North Carolina. Witherspoon also allegedly co-owned and operated two tax return preparation businesses - Quick Taxes LLC, in Greensboro, and Fast Tax Inc., in Winston-Salem. For the 2013 through 2015 tax years, Witherspoon allegedly filed false personal tax returns with the Internal Revenue Service (IRS) by not reporting his county commissioner wages on those returns, and falsely underreporting his gross receipts for CRS as well as his total income. The indictment also charges that despite having gross income in excess of the filing requirements set by federal law, Witherspoon failed to file a personal income tax return with the IRS for 2012.
If convicted, Witherspoon faces a statutory maximum sentence of three years for each count of filing a false tax return and one year in prison for the remaining charged count. He also faces a period of supervised release and monetary penalties.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Martin commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Lauren Castaldi of the Tax Division and Criminal Division Chief Clifton T. Barrett of the Middle District of North Carolina, who are prosecuting the case.
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Former Camp Lejeune Marine Pleads Guilty to Distributing Oxycodone and Fentanyl Linked to Fellow Marine’s DeathRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge Terrence W. Boyle accepted a guilty plea by Marcos jamie villegas, 24, of St. Charles, Illinois, to distributing a quantity of a mixture and substance containing a detectable amount of oxycodone and fentanyl, and aiding and abetting.
According to the investigation, on April 14, 2017, United States Marine Corporal Mark M. Mambulao and VILLEGAS were visiting at a local residence in Richlands, North Carolina. During the party, VILLEGAS provided Mambulao with pills that he and fellow Marine Sergeant Anthony P. Tognietti had purchased over the dark web. The pills had been advertised as oxycodone laced with fentanyl, a highly powerful opiate that can be lethal in even small doses. In the early hours of April 15, 2017, VILLEGAS discovered Mambulao unresponsive. Mambulao was taken to Onslow Memorial Hospital in Jacksonville, North Carolina, and died shortly after his arrival. Mambulao’s autopsy revealed his cause of death as fentanyl overdose and low alcohol content. Mambulao was just 20 years old at the time of his death.
Investigation by the Naval Criminal Investigative Service (NCIS) revealed that just a few weeks later, similar pills were seized from VILLEGAS’s barracks room. The pills were later sent off for testing and came back positive for fentanyl. Examination of VILLEGAS’s cellular phone revealed text messages discussing purchases of drugs. Further coordination by NCIS with the United States Postal Inspection Service and the Drug Enforcement Administration linked the pills purchased by VILLEGAS and Tognietti to a manufacturer and dark web distributor in Texas. That man, Alaa Mohammed Allawi, 30, was later charged and pled guilty in the United States District Court for the Western District of Texas to conspiracy to possess with intent to distribute 400 grams or more of fentanyl resulting in death or serious bodily injury and using a gun during a drug crime. He also pleaded guilty to conspiracy to launder money. As part of the deal, Allawi agreed to be sentenced to 30 years in federal prison.
Tognietti was charged by a Criminal Information filed on March 27, 2019 for distributing a quantity of a mixture and substance containing a detectable amount of oxycodone and fentanyl, and aiding and abetting. On April 17, 2019, he pled guilty to that charge and awaits sentencing in October 2019. Both Tognietti and VILLEGAS face up to twenty years’ imprisonment.
The Naval Criminal Investigative Service, the Drug Enforcement Administration, and the United States Postal Inspection Service conducted the investigation. Assistant United States Attorney Laura S. Howard represented the government.
Former Assistant Manager of Virginia Beach Tax Service Sentenced to PrisonRead the Press Release
NORFOLK, Va. – A Norfolk woman was sentenced yesterday to more than four years in prison for her role in a conspiracy to prepare false tax returns for her customers.
According to court documents, Tinesha L. Bert, 33, was the assistant manager of a now-closed, Virginia Beach-based tax preparation service known as Express Tax Preparation Services. From December 2014 to February 2016, Bert was responsible for using false information in her customers’ tax returns in order to generate a higher refund amount. In some cases, she falsely stated that the customer had dependent children so that the customer would qualify for beneficial tax credits. She also filed returns using the names and social security numbers of real persons without their knowledge. The court found that she was responsible for a tax loss of approximately $174,000. Last month, the manager of the tax business, Markita D. Simon, was sentenced to nearly five years in prison.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney Randy C. Stoker 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. 2:18-cr-149.
Fond du Lac Man Sentenced to 225 Months’ Imprisonment for Firearm and Drug OffensesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced that on September 26, 2019, Joshua J. Klein (age: 38) of Fond du Lac, Wisconsin, was sentenced to 225 months’ imprisonment for firearm and drug offenses. Klein was also ordered to serve 5 years’ supervised release after his prison sentence.
The investigation revealed that on August 27, 2018, Klein possessed with intent to distribute heroin and marijuana in and from his Fond du Lac residence. At the same time, Klein—who already had multiple prior felony convictions, including unlawful firearm possession and drug trafficking—was again unlawfully possessing two pistols in connection with drug dealing. Klein obtained the pistols from a co-conspirator who illegally bought them by falsely claiming to federally licensed firearms dealers that she was the actual buyer. In fact, the co-conspirator was acting as a straw purchaser for Klein and she subsequently delivered the pistols to him. The firearms have since been seized by law enforcement. The co-conspirator, Kerry L. Birkholz (age: 46), also pled guilty to drug and weapons charges and is awaiting sentencing.
“Too many in our communities suffer from opioid addiction and fear of gun violence,” said U.S. Attorney Krueger. “Klein was exploiting individuals’ addictions for his own personal gain and was using firearms to do it. His prior convictions and sentences did not stop him from returning to drug dealing, and so now he faces years in federal prison. This case demonstrates exceptional collaboration between federal, state, and local law enforcement to prosecute the small number of individuals in our communities who cause the most serious problems.”
“The ATF Milwaukee Field Office takes these investigations seriously and will continue to work with our local law enforcement partners to bring such defendants to justice,” said Special Agent in Charge Timothy Jones of the ATF Chicago Field Division. “This sentence sends a strong message that felons in possession of a firearm while dealing drugs will not be tolerated in the Fond du Lac community.”
“We are proud of the collaboration between the Fond du Lac County District Attorney’s Office and the United States Attorney’s Office on serious gun cases and greatly appreciate their successful prosecution in this matter.” – FDL DA Eric J. Toney
The investigation and prosecution resulted from the combined efforts of the Lake Winnebago Area Metro Drug Unit, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fond du Lac Police Department, the Fond du Lac County District Attorney’s Office, and the U.S. Attorney’s Office.
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Foley Resident Receives 18 Months in Prison for Bank FraudRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge Jeffrey U. Beaverstock sentenced defendant Samuel Maxwell Styron, 66, a resident of Foley, Alabama, to imprisonment for 18 months for bank fraud. As part of the sentence, the judge ordered that Styron undergo five years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, receive drug and alcohol treatment as directed by the U.S. Probation Office, and pay restitution totaling $75,631. Bank fraud is a crime punishable by up to 30 years imprisonment under federal law.
Samuel Maxwell Styron admitted to the following facts at his plea hearing. Starting on January 15, 2019, he knowingly executed a scheme in the Southern District of Alabama to obtain funds owned by and under the custody and control of Pen Air Federal Credit Union, a federally-insured financial institution insured by the Federal Deposit Insurance Corporation on January 15, by means of material false and fraudulent pretenses, representations, and promises. On January 15, 2019, Samuel Maxwell Styron visited Pen Air in Robertsdale, Alabama and opened up an individual retirement account in his name by means of material false and fraudulent pretenses. He falsely represented to Pen Air that the account was for his inheritance and that proceeds in the account would consist of personal retirement funds. In truth, Samuel Maxwell Styron had no intention of depositing personal funds into the account for retirement purposes and using the account as a traditional IRA. After January 15, Samuel Maxwell Styron made several trips to Pen Air and engaged in financial transactions associated with the account. For example, in late January 2019 Samuel Maxwell Styron helped arrange for Pen Air to receive a check in the mail totaling $147,249.50 and to deposit the check into his retirement account, which Pen Air did on February 1. The check’s memo line stated, “SAMUEL MAXWELL STYRON (IRA-Deposit).” On February 4, Samuel Maxwell Styron and his son, Samuel Warren Styron, entered Pen Air in Robertsdale. While there, Samuel Maxwell Styron wire transferred approximately $72,400 to another financial institution and withdrew approximately $22,000 in cash, a portion of which he later used for various expenditures. Around February 6, 2019, Pen Air determined that the $147,249.50 check was counterfeit and subsequently notified Samuel Maxwell Styron that “[t]he check(s) you deposited in the amount of $147,249.50 was returned due to “ALTER/FICT.”
On April 25, 2019, a federal grand jury for the Southern District of Alabama charged Samuel Maxwell Styron and Samuel Warren Styron with one count of conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349. On June 28, 2019, United States Attorney Moore charged Samuel Maxwell Styron with one count of bank fraud in violation of 18 U.S.C. § 1344, an offense to which he pleaded guilty the same day before the Court. On August 26, 2019, the Court revoked Samuel Maxwell Styron’s release conditions and ordered him detained before sentencing due to prohibited drug use.
On June 26, 2019, United States Attorney Moore charged Samuel Warren Styron with one count of making false statements to a federal agency in violation of 18 U.S.C. § 1001. He pleaded guilty to the offense the same day. As part of his plea, Samuel Warren Styron admitted to lying to the Federal Bureau of Investigation (FBI) about the location of certain funds withdrawn from Pen Air on February 4, 2019. On September 19, 2019, District Judge Beaverstock sentenced Samuel Warren Styron to time served and three years of supervised release, and ordered him to pay restitution totaling $10,326.The FBI and the Robertsdale Police Department investigated the cases, which were prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Florida Criminal Defendant Pleads Guilty to Lying on Pre-Sentencing Financial Disclosure FormRead the Press Release
Fort Myers, FL - A currently imprisoned Florida businessman pleaded guilty today to making false statements on a financial disclosure statement he provided to the Justice Department, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Maria Chapa Lopez of the Middle District of Florida.
According to documents filed with the court, Casey Padula, age 51, formerly of Port Charlotte, Florida, made the false statements on a financial disclosure statement he was required to submit to the government after pleading guilty to tax and bank fraud. On July 17, 2017, in the prior prosecution, Padula was sentenced to 57 months in prison on one count of conspiracy to defraud the United States and commit bank fraud. Padula admitted using offshore entities and accounts to commit the tax fraud. Padula also committed bank fraud by carrying out a fraudulent short-sale transaction designed to reduce or eliminate his $1.5 million mortgage at Bank of America. Pursuant to his plea agreement, Padula was required to provide a full and accurate financial disclosure statement to the government. Instead Padula submitted a false financial disclosure statement in which he failed to disclose numerous assets, including a boat valued at almost $340,000, at least $80,000 in cash, and a $90,000 Mercedes he had recently purchased for his daughter.
Padula faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Chapa Lopez thanked special agents of Internal Revenue Service-Criminal Investigation, who conducted the investigation, and Assistant Chief Todd Ellinwood of the Tax Division, who is prosecuting the case.
Florida Criminal Defendant Pleads Guilty to Lying on Pre-Sentencing Financial Disclosure FormRead the Press Release
A currently imprisoned Florida businessman pleaded guilty today to making false statements on a financial disclosure statement he provided to the Justice Department, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Maria Chapa Lopez of the Middle District of Florida.
According to documents filed with the court, Casey Padula, age 51, formerly of Port Charlotte, Florida, made the false statements on a financial disclosure statement he was required to submit to the government after pleading guilty to tax and bank fraud. On July 17, 2017, in the prior prosecution, Padula was sentenced to 57 months in prison on one count of conspiracy to defraud the United States and commit bank fraud. Padula admitted using offshore entities and accounts to commit the tax fraud. Padula also committed bank fraud by carrying out a fraudulent short-sale transaction designed to reduce or eliminate his $1.5 million mortgage at Bank of America. Pursuant to his plea agreement, Padula was required to provide a full and accurate financial disclosure statement to the government. Instead Padula submitted a false financial disclosure statement in which he failed to disclose numerous assets, including a boat valued at almost $340,000, at least $80,000 in cash, and a $90,000 Mercedes he had recently purchased for his daughter.
Padula faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Chapa Lopez thanked special agents of Internal Revenue Service-Criminal Investigation, who conducted the investigation, and Assistant Chief Todd Ellinwood of the Tax Division, who is prosecuting the case.
Felon Arraigned on Federal Indictment for Armed Robbery of Adult Novelties StoreRead the Press Release
LAS VEGAS, Nev. – A Las Vegas felon was arraigned on an indictment in federal court yesterday before U.S. Magistrate Judge Brenda Weksler for robbing an adult novelty store at gunpoint, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Comet Traye Russell, 42, was indicted by a federal grand jury on August 21, 2019, with one count of interference with commerce by robbery; one count of brandishing a firearm in furtherance of a crime of violence; and one count of felon in possession of a firearm.
According to the indictment, on June 11, 2019, Russell was armed with a 9mm handgun and robbed The Love Store located in North Las Vegas. Russell is a felon with a burglary conviction and is prohibited from possessing firearms.
A jury trial is scheduled for December 2, 2019. The maximum penalty Russell faces upon conviction of all three charges is life imprisonment and a $750,000.00 fine. An indictment is merely a charge and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the FBI and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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Federal Inmate Sentenced on Weapon ChargeRead the Press Release
BECKLEY, W.Va. – An inmate at the Federal Correctional Institution at Beckley was sentenced to federal prison for a weapon offense, announced United States Attorney Mike Stuart. Joshua Allen, 29, was sentenced to 12 months in prison for being an inmate in possession of a weapon. His sentence will run consecutively to the sentence he was serving at the time of his offense.
Allen previously admitted that on December 7, 2018, while he was an inmate at the prison, he possessed a handcrafted weapon known as a “shank.” The weapon was recovered by a staff member after Allen attempted to discard it.
The Federal Bureau of Prisons conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney John File handled the prosecution.
Federal Inmate Indicted for Escaping from PrisonRead the Press Release
BEAUMONT, Texas – A 41-year-old federal prison inmate has been indicted for escaping from prison announced U.S. Attorney Joseph D. Brown today.
Anthony Safford King was indicted by a federal grand jury on Oct. 2, 2019 and charged with escape from custody.
According to information presented by prosecutors, on Sep. 28, 2019, King was discovered missing from the Satellite Prison Camp at the Federal Correctional Complex (FCC) in Beaumont, Texas. According to the FCC, law enforcement authorities were notified and an internal investigation was initiated. King is described as a “black male with black hair, brown eyes, 6’01” tall and weighs approximately 200 pounds.” King was serving a 48-month federal sentence for possession with intent to distribute cocaine out of the Southern District of Alabama.
Anyone with information related to King should contact the U.S. Marshals Service at USMS TIPS via www.USMARSHALS.GOV or through the app USMS TIPS.
If convicted, King faces an additional five years in federal prison.
This case is being investigated by the U.S. Marshals Service, the U.S. Bureau of Prisons and the Jefferson County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Indictments Charge 21 Rollin’ 30s Crips Gang Members and Associates with Narcotics Distribution and Firearms OffensesRead the Press Release
LOS ANGELES – Ten members and associates of the South Los Angeles-based Rollin’ 30s Harlem Crips street gang were arrested today pursuant to six federal grand jury indictments that charge a total of 21 defendants with conspiring to traffic narcotics, such as crack cocaine that allegedly was sold at a minimart and in front of a public library.
The defendants arrested today are expected to be arraigned this afternoon in United States District Court in downtown Los Angeles.
The main indictment stemming from the investigation into the Rollin’ 30s charges 14 gang members and associates with conspiracy to manufacture and distribute crack cocaine in the territories they claim to control. Specifically, this indictment alleges that the lead defendant – gang leader Angelo Gabriel Reed, 39, a.k.a., “Maniac” and “Yacc,” of Inglewood – “cooked” crack cocaine in his kitchen and then sold it through a variety of methods. Reed allegedly distributed the drug outside a Los Angeles Public Library branch in Exposition Park and in a nearby park, the indictment alleges.
Between May 2017 and April 2018, Reed allegedly oversaw a crew that sold drugs on the street, delivered drugs to other distributors and customers, and collected illicit narcotics proceeds on Reed’s behalf. During the course of the conspiracy, Reed allegedly was involved in supplying, cooking and distributing more than 280 grams of crack cocaine.
One of the other indictments alleges that Rollin’ 30s members last year sold cocaine at an Exposition Park minimart that appeared closed, but was widely known as gang hangout where illegal narcotics were sold. After law enforcement performed two undercover buying operations at the minimart, a search warrant resulted in the seizure of a .40-caliber semi-automatic pistol, dozens of rounds of live ammunition, drug paraphernalia, and baggies of cocaine, according to the indictment.
In addition to the 10 defendants arrested today, one defendant currently is incarcerated in a California state prison, while another is in Los Angeles County jail on unrelated charges. Authorities continue to search for nine defendants named in the indictments.
If convicted on all counts, the defendants would face decades in federal prison, with some of them facing a mandatory minimum sentence of 10 years in federal prison for conspiracy to distribute more than 280 grams of crack cocaine.
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 was investigated by the Drug Enforcement Administration, the Los Angeles County Sheriff’s Department, and the Los Angeles Police Department as part of the High Intensity Drug Trafficking Area (HIDTA) program.
This case is being prosecuted by Assistant United States Attorney Damaris Diaz of the Violent and Organized Crime Section.
Federal Grand Jury Charges 3 Men in Scheme to Distribute Fentanyl-Laced Pills that Caused Overdose Death of Rapper Mac MillerRead the Press Release
LOS ANGELES – Three men were named today in a federal grand jury indictment that alleges they distributed narcotics, including counterfeit pharmaceutical pills containing fentanyl that resulted in the overdose death of hip-hop artist Mac Miller.
Cameron James Pettit, 28, of West Hollywood; Stephen Andrew Walter, 46, of Westwood; and Ryan Michael Reavis, 36, a former West Los Angeles resident who relocated to Lake Havasu, Arizona earlier this year, were charged in a three-count indictment.
All three defendants are charged with conspiring to distribute controlled substances resulting in death and distribution of fentanyl resulting in death – each of which carries a mandatory minimum sentence of 20 years in federal prison and a potential sentence of life without parole. Walter alone is charged with being a felon in possession of ammunition, which, if he were to be convicted, would result in a sentence of up to 10 years in federal prison.
According to court documents, the three defendants distributed narcotics to 26-year-old Malcolm James McCormick – who recorded and performed under the name Mac Miller – approximately two days before McCormick suffered a fatal drug overdose in Studio City on September 7, 2018. The Los Angeles County Medical Examiner-Coroner later determined that McCormick died of mixed drug toxicity involving fentanyl, cocaine and alcohol.
According to the indictment, late on the night of September 4, Pettit agreed to supply McCormick with 10 “blues” – a street term for oxycodone pills – as well as cocaine and the sedative Xanax. But, instead of providing McCormick with genuine oxycodone when he made the delivery during the early morning hours of September 5, Pettit allegedly sold McCormick counterfeit oxycodone pills that contained fentanyl – a powerful synthetic opioid that is 50 times more potent than heroin. The indictment alleges that Pettit ordered the fentanyl-laced pills from Walter, and then Reavis delivered the narcotics to Pettit.
Investigators believe that McCormick died after snorting the counterfeit oxycodone pills containing fentanyl and that those pills had been provided by Pettit, according to court documents. While another individual allegedly supplied McCormick with other drugs prior to his death, those narcotics did not contain fentanyl, according to court documents.
Less than one month after McCormick’s death, Walter agreed to sell Pettit another 10 “blues,” according to the indictment, which alleges other drug deals between the two men over the course of 2019, with one as recent as August 30.
The indictment further alleges that Reavis was involved in drug trafficking activities in June and quotes a text message he sent after realizing he was negotiating a narcotics transaction with an unknown person that reads, in part: “People have been dying from fake blues left and right, you better believe law enforcement is using informants and undercover to buy them on the street do [sic] they can start putting ppl in prison for life for selling fake pills.”
“It has become increasingly common for us to see drug dealers peddling counterfeit pharmaceuticals made with fentanyl. As a consequence, fentanyl is now the number one cause of overdose deaths in the United States,” said United States Attorney Nick Hanna. “These defendants allegedly continued to sell narcotics after Mr. McCormick’s death with full knowledge of the risks their products posed to human life. We will continue to aggressively target drug dealers responsible for the spread of this dangerous chemical.”
Special Agent in Charge William D. Bodner of the DEA’s Los Angeles Field Division remarked, “Counterfeit pharmaceutical pills are especially dangerous because users are unable to verify what they are ingesting. The tragic death of Mac Miller is a high-profile example of the tragedy that is occurring on the streets of America every day. Today’s indictment highlights the efforts of DEA agents, local law enforcement officers, and prosecutors who work tirelessly to bring dangerous drug dealers to justice.”
Pettit, who was previously ordered detained after being charged in a criminal complaint with distributing narcotics to McCormick, is scheduled to be arraigned on the indictment on October 10.
Walter was arrested on September 23 pursuant to a criminal complaint alleging conspiracy to distribution narcotics, and he was also ordered held without bond. Walter also is scheduled to be arraigned on the indictment on October 10.
Reavis was taken into federal custody in Arizona on September 26 on charges of being a felon in possession of a firearm. He is currently in custody and is being transported to Los Angeles by the United States Marshals Service.
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.
The ongoing investigation in this matter is being conducted by the High Intensity Drug Trafficking Area’s (HIDTA) Opioid Response Team, which operates under the direction of the DEA. The Los Angeles Police Department provided substantial assistance in this matter.
This case is being prosecuted by Assistant United States Attorney Matthew J. Jacobs of the General Crimes Section.
East Bay Woman Sentenced to Three Years in Prison for Embezzlement Scheme from Her EmployerRead the Press Release
SAN FRANCISCO – Karen Posey was sentenced today to 36 months in prison, and ordered to pay restitution for stealing more than $200,000 from her former employer, announced United States Attorney David L. Anderson and FBI Special Agent in Charge John F. Bennett.
Posey pleaded guilty on December 11, 2018 to four counts of wire fraud, one count of bank fraud, and one count of access device fraud. According to the plea agreement, Posey worked from July 2016-December 2017 as the business manager at a San Francisco-based architecture firm that designs schools and other public spaces nationwide with a focus on making them accessible to the disabled. While employed there, Posey stole approximately $235,000 from the company. She did so using various methods, including by writing unauthorized company checks to herself and then depositing them into her personal bank account, by using a corporate credit card to pay for personal expenses, and by using a corporate ATM card to withdraw large sums of cash. In addition, as part of her plea agreement Posey admitted that, prior to working at the architecture firm, she worked at another San Francisco-based conservation company, where she embezzled more than $48,000 using similar means.
Posey, 58 of Martinez, CA, was indicted by a federal grand jury on August 30, 2018. The seven count Indictment charged her with four counts of Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One through Four), one count of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A; one count of Bank Fraud, in violation of 18 U.S.C. § 1344(2) (Count Six); and one count of Fraudulent Use of Unauthorized Access Devices, in violation of 18 U.S.C. § 1029(a)(2) (Count Seven).
The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Court Judge. Judge Breyer also sentenced the defendant to a three year period of supervised release to begin at the completion of the prison term, and ordered her to pay restitution to the two companies from which she stole money. The defendant will begin serving the sentence on October 4, 2019.
Ross Weingarten is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Duplin County Man Sentenced to 35 Years for Drug DistributionRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge James C. Dever III sentenced FARUQ ROSE, 43, of Wallace, North Carolina, to 420 months imprisonment, followed by 5 years of supervised release.
ROSE was named in a two-count Indictment filed on June 27, 2017, charging him with conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine (Count One) and possession with intent to distribute 500 grams or more of cocaine (Count Two). On February 26, 2019, ROSE was found guilty of Counts 1 and 2 which charged conduct that concluded on June 27, 2017.
The investigation into this case was conducted by the Drug Enforcement Administration (DEA), in conjunction with the Duplin County Sheriff’s Office (DCSO) and the Pender County Sheriff’s Office (PCSO). As a result of the investigation, ROSE was identified as a member of a large-scale drug trafficking organization (DTO) which utilized overnight shipping companies, such as FedEx, to ship packages containing cocaine from Arizona and California to Eastern North Carolina for distribution.
On October 21, 2016, while conducting drug interdiction at the FedEx hub in Greensboro, North Carolina, DEA officers identified two FedEx packages containing 3,996.3 grams of cocaine, which were scheduled to be delivered to an address in Wallace, North Carolina. Authorities subsequently arranged for the controlled delivery of those packages to the Wallace residence by an undercover law enforcement officer. Shortly after packages were delivered, authorities observed ROSE arrive at the residence, take possession of the packages, and depart in a vehicle driven by ROSE. Moments later, authorities attempted to conduct a traffic stop of the vehicle, but ROSE accelerated to a high rate of speed, exited the highway, traveled through a business parking lot, and struck an unmarked DCSO vehicle head-on. The vehicle was occupied by a DCSO detective. Following the collision ROSE was placed under arrest.
Immediately following his arrest, ROSE informed authorities that he wanted to speak to them regarding his drug trafficking activities. Thereafter, ROSE participated in an interview where he confessed to being in possession of cocaine and being involved with a major DTO responsible for the distribution of cocaine in the Wallace area. ROSE indicated that he sold kilogram quantities of cocaine for the DTO. According to ROSE, the leader of the DTO, who was based in Philadelphia, Pennsylvania, purchased kilogram quantities of cocaine from an unknown Mexican drug trafficker in California. The leader would then ship the cocaine from California to ROSE for distribution. ROSE acknowledged that over the prior several months, he had received approximately 10 kilograms of cocaine from his supplier, and that he subsequently sold another individual the same quantity of cocaine for $38,000 per kilogram. ROSE noted that he received $5,000 per kilogram of cocaine he sold. ROSE informed authorities that after receiving payment for the cocaine from his buyer, he would transport the currency in a secret compartment in his vehicle back to his supplier in the Philadelphia area.
During the interview, ROSE informed law enforcement that there were no drugs, weapons, or large amounts of currency at his residence and consented to a search of his property. A search of ROSE’S vehicle revealed the hidden compartment which ROSE had described. While searching ROSE’S residence, authorities located a large duffle bag containing 2 pounds of marijuana, three digital scales, a vacuum sealer, four boxes of plastic bags, and a FedEx receipt. ROSE acknowledged that he had paid $2,000 per pound for the marijuana. ROSE further noted that the FedEx receipt was from the shipment of marijuana.
Based on the investigation, ROSE is accountable for the possession of 13.9963 kilograms of cocaine and 2 pounds of marijuana. While attempting to flee from law enforcement, ROSE recklessly created a substantial risk of death or serious bodily injury to another person by traveling at a high rate of speed both on marked roads and through a business parking lot. Additionally, ROSE crashed into one of the unmarked police vehicles head-on, creating a substantial risk of serious bodily injury to the law enforcement officer. Further, ROSE attempted to obstruct justice through both written and telephonic communication wherein he tried to convince a witness to change his/her testimony for his trial.
This prosecution is part of an extensive investigation by the United States Attorney’s Office’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Drug Enforcement Administration (DEA), the Duplin County Sheriff’s Office and the Pender County Sheriff’s Office. Assistant United States Attorney Brad Knott represented the United States in this case.
Drug Trafficker Sentenced to Five Years in Federal Prison for Distributing MethamphetamineRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Bo Aaron Divorne, age 30, of Colville, Washington, was sentenced today after having pleaded guilty on June 13, 2019, to distributing 5 grams or more of methamphetamine. Chief United States District Judge Thomas O. Rice sentenced Divorne to a 5-year term of imprisonment, to be followed by a 4-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) began investigating Divorne for suspected trafficking in firearms and controlled substances. During the investigation, ATF conducted a controlled purchase of over 26 grams of methamphetamine from Divorne.
U.S. Attorney Hyslop said, “The United States Attorney’s Office for the Eastern District of Washington is committed to prosecuting aggressively and seeking appropriate punishment for drug traffickers distributing controlled substances in our communities. I commend the ATF and our other federal, state and local law enforcement partners for their efforts in investigating drug trafficking crimes.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Spokane Resident Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). This case was prosecuted by Patrick J. Cashman, an Assistant United States Attorney for the Eastern District of Washington.
Dominican National Living in Lawrence Pleads Guilty to Possession of Fentanyl with Intent to DistributeRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to possession with intent to distribute fentanyl.
Santos Obispo Guerrero Lara, 35, pleaded guilty to one count of possession with intent to distribute fentanyl before U.S. District Court Judge Allison D. Burroughs, who scheduled sentencing for Jan. 7, 2019. Lara was indicted on June 26, 2019 and is currently in custody.
According to court documents, Lara attempted to sell approximately 20g of fentanyl to an undercover agent. Lara was arrested in Lawrence on June 6, 2019, as part of a 10-week coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.
The charge of possession of fentanyl with intent to distribute provides for a sentence of up to 20 years in prison, at least three years of supervised release and a $1 million fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Jason J. Molina, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Boston made the announcement today. Valuable assistance was provided by the Andover Police Department. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division is prosecuting the case.
District Man Sentenced to 36 Months for Possession of Stolen Loaded FirearmRead the Press Release
WASHINGTON – Delonte Bridges, 28, of Northwest, D.C., was sentenced today to 36 months in prison for his possession of a stolen loaded firearm, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Bridges pled guilty in July 2019 before the Honorable Amy Berman Jackson in the U.S. District Court for the District of Columbia to one count of unlawful possession of a firearm by a person convicted of a crime punishable by imprisonment for a term exceeding one year. Judge Jackson sentenced Bridges to 36 months in prison to be followed by 36 months of supervised release.
According to the government’s evidence, on October 21, 2018, at approximately 4:30 p.m., officers of MPD’s Gun Recovery Unit were on patrol in two vehicles in the First Police District. As officers turned south onto the 1100 block of First Place, Northwest, an area known for narcotics and firearms offenses, individuals standing in the street made an announcement that law enforcement was entering the area. In response to the announcement, Bridges initially walked away from law enforcement and then started to run unprovoked. In response, law enforcement officers exited their vehicle, activated their body camera video, and followed in pursuit. Body camera video of responding officers showed that a firearm was visible on the waistband of Bridges after he gave up running from law enforcement and was on the ground. Upon his arrest, officers recovered from Bridges’ waistband a Glock 27 .40 caliber firearm with one round of .40 caliber ammunition in the chamber and five rounds of .40 caliber ammunition in the magazine. MPD officers learned that the firearm was reported stolen during a theft that occurred on July 23, 2018 in the 900 block of Rhode Island Avenue, Northeast.
In 2011, Bridges was convicted in the D.C. Superior Court of possession with intent to distribute crack cocaine at the same location that he was found with the stolen loaded firearm in this case.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham, commended the work of those who investigated the case. They also cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialist Candace Battle and Assistant U.S. Attorney Christopher Macchiaroli of the Violent Crime and Narcotics Section, who prosecuted the case.
Dentist Sentenced for Running Prescription Opioid Fraud SchemeRead the Press Release
NORFOLK, Va. – A Virginia Beach dentist was sentenced today to nearly eight and a half years in prison for conspiracy to distribute prescription opioids and muscle relaxant pills without a legitimate medical purpose.
According to court documents, Gary Hartman, 48, has been a licensed dentist in Virginia since 2002. From 2014 to 2018, Hartman was involved in an elaborate scheme to prescribe opioids such as hydrocodone and oxycodone pills for his personal use and the use of his co-conspirators, who fell into three different categories of individuals. The first category of co-conspirators were close friends of Hartman since high school. Hartman would write prescriptions for oxycodone to his friends without a legitimate medical purpose, the friends would fill the prescriptions, bring back most of the pills for Hartman’s personal use and keep the remainder for their personal use.
The second category of co-conspirators was another dentist. Hartman and the other dentist would write prescriptions to each other for oxycodone and muscle relaxants for the personal use of Hartman and the other dentist.
The third category of co-conspirators were people who were impoverished. Hartman would promise to perform free dental work on these individuals in exchange for the service of filling prescriptions of oxycodone pills written by Hartman and bringing the pills back to Hartman for his personal use. This conspiracy involved 766 prescriptions written for non-medical reasons and almost 40,000 oxycodone pills.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorneys William D. Muhr and V. Kathleen Dougherty 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. 2:19-cr-48.
Dark Web Vendors Plead Guilty to Cryptocurrency Money Laundering ConspiracyRead the Press Release
Assistant U.S. Attorneys Daniel Silva and Colin McDonald (619) 546-9713
NEWS RELEASE SUMMARY – September 30, 2019
SAN DIEGO – Aidan Curry and Connor Brooke pleaded guilty in federal court today for conspiring to launder Dark Web proceeds through their unlicensed money transmitting business, which sold cryptocurrency to complete strangers in exchange for cash.
As part of their guilty pleas, the defendants agreed to forfeit tens of thousands of dollars’ worth of cash, cryptocurrency, and high-end, sophisticated hardware including computers, phones, hard drives and storage devices that were involved in the money laundering conspiracy.
Special Agents from Homeland Security Investigations identified Curry and Brooke as managers of a San Diego-based business advertising the ability and willingness to sell Bitcoin (a specific type of cryptocurrency) for a premium, and always in cash, to the public. Persons who purchase or sell contraband on online black markets (also known as the “Dark Web”) use cryptocurrency such as Bitcoin to conduct transactions. Cryptocurrency provides a vendor and customer with perceived anonymity. The Dark Web is a network of encrypted communication systems that can only be accessed using special software tools. Before someone can use cryptocurrency, they must first convert their “real,” fiat currency (such as United States Dollars) into the cryptocurrency. A common way to do so is through an unlicensed money transmitting business (an “MTB”) that exchanges cryptocurrency for cash.
As admitted in the plea agreements entered today before U.S. Magistrate Judge Michael S. Berg, Curry and Brooke conducted, controlled, managed, supervised, directed and owned all or part of a cryptocurrency MTB called “BayCoins.” Curry described the unlicensed MTB to an acquaintance over text messages, stating: “I’m basically like a currency exchange place for Bitcoin”; and that he and Brooke advertised their MTB on a website that was equivalent to the “Craigslist of bitcoin”.
By August 2018, BayCoins had posted two separate online solicitations – one with Curry’s information and the other with Brooke’s. The advertisements promised “quick, easy, and hassle free” Bitcoin transactions, with a “non-negotiable” five percent transaction fee, and always for cash. By accepting cash in exchange for cryptocurrency, as opposed to other forms of payment such as electronic money transfers, checks, or cash deposits into a bank account, Curry and Brooke operated their MTB in relative anonymity and evaded the anti-money laundering scrutiny of other licensed and registered financial institutions. This anonymity extended to their customers as well.
BayCoins generated sufficient profits, alongside a growing inventory of cryptocurrency, to fund the defendants’ acquisition, sale, and distribution of marijuana on various Dark Web marketplaces. After receiving payment for the marijuana, Curry and Brooke then sold the cryptocurrency for additional profit through the BayCoins unlicensed MTB.
U.S. Attorney Robert Brewer said, “The United States will continue to pursue, uncover and dismantle money laundering and narcotics trafficking organizations seeking to operate behind multiple layers of anonymity – whether it’s the Dark Web, through unlicensed money transmitting businesses, or with sophisticated software. Compliance with the anti-money laundering laws of the United States is not an option. We treat knowing compliance failures for what they are: a crime. I applaud the excellent work of the federal agents and Assistant U.S. Attorneys who unraveled these complex crimes.”
“Homeland Security Investigations Special Agents worked diligently to uncover this Dark Web scheme led by Curry and Brooke that used cryptocurrency such as Bitcoin to conduct illegal transactions,” said Nick Annan, special agent in charge of HSI in San Diego. “The investigation resulting in today’s guilty plea is an excellent example of the commitment and partnership between HSI and prosecutors to seek out individuals and criminal networks who try to conceal their illicit activities under the cloak of the Dark Web.”
The investigation was led by Special Agents of Homeland Security Investigations. This case is being prosecuted by Assistant U.S. Attorneys Daniel Silva and Colin McDonald.
Sentencing is scheduled to occur on January 6, 2020. Curry and Brooke both face a maximum of 20 years in prison.
DEFENDANTS Case Number 19-CR-3839-GPC
Aidan Curry San Diego, CA Age: 23
Connor Brooke San Diego, CA Age: 25
SUMMARY OF CHARGES*
Money Laundering Conspiracy – Title 18, U.S.C., Section 1956(h)
Maximum penalty: Twenty years in prison and $500,000 fine
AGENCIES
Homeland Security Investigations
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Convicted Felon Sentenced to Two Years in Federal Prison for Unlawfully Possessing FirearmRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Robinson Jason Resto (40, Orlando) to two years in federal prison for possessing a firearm, after having been previously convicted of a felony. Resto had pleaded guilty on July 25, 2019.
According to court documents, on March 25, 2019, Resto began communicating with an individual who was cooperating with law enforcement via text messages about firearms that the individual had for sale. The two eventually arranged for Resto to obtain a 9 mm Ruger Model P95DC firearm in exchange for a cash payment and a “throwaway” gun that Resto had in his possession. In arranging the trade/purchase, and when the two met in a parking lot to consummate the deal on April 4, 2019, Resto also expressed interest in obtaining an AK-47 assault rifle. At the time, Resto had been convicted of multiple felony offenses, including one prior state conviction for possession of a firearm by a convicted felon. As such, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Orlando Police Department. It is being prosecuted by Assistant United States Attorney Dana E. Hill.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Coeur d’Alene Woman Sentenced for Embezzling over a Million DollarsRead the Press Release
COEUR D’ALENE – Sue Ann Larson, 63, of Coeur d’Alene, was sentenced to 43 months in federal prison for wire fraud and for making and subscribing a false tax return, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill ordered Larson to pay over $1.4 million in restitution to the victims of her crime and to sell her home, a recreational property, and two classic cars, to meet her restitution obligation. Larson will serve three years supervised release following this prison term. Larson pled guilty to both crimes on February 26, 2019.
According to court records, Larson, a bookkeeper for a local custom cabinet shop, embezzled over $1.2 million between 2009 and February 2018. During that time, Larson also falsified her tax returns, failing to pay $175,000 in taxes.
The case was investigated by the Internal Revenue Service – Criminal Investigation and the Coeur d’Alene Police Department.
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Clearfield Co. Woman Defrauded Social Security of Nearly $150,000 in Benefit PaymentsRead the Press Release
JOHNSTOWN, Pa. – A resident of Osceola Mills, Pa., pleaded guilty in federal court to charges of conversion of government funds, United States Attorney Scott W. Brady announced today.
Maryann Bowes-Dailey, 56, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from June 1, 2001 to Feb. 28, 2013, Bowes-Dailey did receive and convert falsely to her own use a total of $149,520.41, which represents 416 separate Social Security Administration benefit payments made to her to which she was not entitled.
Judge Gibson scheduled sentencing for Feb. 18, 2020, at 10:00 a.m. The law provides for a maximum sentence of 20 years in prison, a fine of $500,000, 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 Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Social Security Administration, Office of Inspector General conducted the investigation that led to the prosecution of Bowes-Dailey.
Carl Junction Man Pleads Guilty to Transporting a Minor for Illegal Sexual ActivityRead the Press Release
SPRINGFIELD, Mo. – A Carl Junction, Missouri, man pleaded guilty in federal court today to transporting a Kansas minor across state lines to engage in criminal sexual activity.
Nathan Roger Belcher, 29, pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of transporting a minor across state lines with the intent to engage in criminal sexual activity. Belcher remains in federal custody until his sentencing hearing, which has not yet been scheduled.
By pleading guilty today, Belcher admitted that he transported a child victim, identified in court documents as “Jane Doe 1” with a date of birth in 2003, from Kansas across the state line into Missouri. They engaged in criminal sexual activity on two occasions, once at a residence in Missouri and once near a creek outside Neosho, Missouri, in 2017.
Under federal statutes, Belcher is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Columbus, Kan., Police Department, and the Cherokee County, Kan., Sheriff’s Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."California Woman Sentenced to 6 Months in Federal Prison for Her Role in Staged Accident SchemeRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Bonnie Jean Bonney, age 77, of Placerville, California, was sentenced today after having pleaded guilty on February 13, 2019, to one count of conspiracy to commit mail and wire fraud, five counts of mail fraud and one count of wire fraud. Chief United States District Judge Thomas O. Rice sentenced Bonney to a 6-month term of imprisonment, to be followed by a 6-month term of home confinement and a 3-year term of court supervision after she is released from federal prison. Chief Judge Rice also ordered Bonney to pay restitution in the amount of $68,681 and forfeiture of $68,681.
According to information disclosed during court proceedings, between May 2014, and September 2016, Bonney was involved in phony automobile accidents in Shingle Springs, California, Rescue, California and Las Vegas, Nevada, that defrauded insurance companies out of $1,183,822. Bonney played “injured victim” in one of the phony accidents and “at fault” driver in another.
United States Attorney Hyslop said, “Staged accident automobile insurance fraud is not a victimless crime. It affects every driver, as fraud causes insurance rates to increase. It also distracts police and medical personnel from responding to legitimate distress calls. I commend the FBI, IRS Criminal Investigation and U.S. Marshals Service for their outstanding work investigating this case.”
This case was investigated by the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigation, U.S. Marshals Service, U.S. Attorney’s Office for the Eastern District of Washington Criminal Healthcare Fraud Investigator, with assistance from the National Insurance Crime Bureau. This case was prosecuted by George J.C. Jacobs, III, and Brian Donovan, Assistant United States Attorneys for the Eastern District of Washington.
California Woman Sentenced for Narcotics and Money Laundering ConspiraciesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Martha Aguirre, 47, of Westminster, California, who was convicted of narcotics conspiracy and money laundering conspiracy, was sentenced to serve 150 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Wei Xiang, who handled the trial, stated that the defendant was a member of a transnational drug trafficking organization that utilized contacts and a source of supply whose territory included Mexico, Arizona, California, and elsewhere. The source of supply was the Sinaloa Cartel, led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada.
Aguirre was convicted, along with co-defendant Juan Alfaro, following a jury trial in March 2019. Martha Aguirre’s brother Herman E. Aguirre was the leader of the organization.
Aguirre and Juan Alfaro used “front” companies to launder over $12,000,000 in drug proceeds from Buffalo to Los Angeles, including Triton Foods, Inc. and Kamora Investment Enterprises, Inc., which were located in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, NY, but proved to be completely fake.
Using these companies, Aguirre and Juan Alfaro disguised kilogram quantities of heroin, fentanyl, and cocaine on invoices and other documents as “Sea Cucumbers.” The local organization trafficked thousands of kilograms of illegal narcotics throughout the United States, including Lockport, Niagara Falls, and Buffalo.
During the course of the investigation, law enforcement officers seized over $5,000,000 worth of illegal narcotics, including:
• 52.5 kilograms of cocaine;
• 17.5 kilograms of heroin; and
• 8.5 kilograms of fentanylAguirre is one of 17 defendants convicted in this case. Juan Alfaro was sentenced to serve 120 months in prison.
"Today’s sentence represents just deserts for the principals of a once flourishing, multi-million dollar, international drug trafficking conspiracy that was operating under cover of a food distribution business,” noted U.S. Attorney Kennedy. “The volume of drugs moved by this organization endangered the health and welfare of countless Americans, including many here in Western New York. I commend the work of the federal, state, and local law enforcement officers from across our country who, together with the tremendous prosecutors in this Office, worked tirelessly to deliver justice to 17 individuals who delivered poison and pain throughout our Nation.”
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special-Agent-in Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Montebello, California Police Department, the Nebraska State Patrol, and the DEA, Los Angeles.
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California Man Sentenced for Making Violent Threats Against Newspaper EmployeesRead the Press Release
BOSTON – A California man was sentenced today in federal court in Boston in connection with making violent threats against Boston Globe employees in retaliation for the newspaper’s editorial response to political attacks on the media.
Robert D. Chain, 69, of Encino, Calif., was sentenced by U.S. District Court Judge William G. Young to four months in prison, three years of supervised release and ordered to pay a fine of $3,500 and restitution in the amount of $16,512 to the Boston Globe. In May 2019, Mr. Chain pleaded guilty to seven counts of making threatening communications in interstate commerce.
On Aug. 10, 2018, the Boston Globe announced that it was requesting other newspaper publications around the country to publish a coordinated editorial response to political attacks on the media. The coordinated editorial response was to be published on Thursday, Aug. 16, 2018. Immediately following the announcement, Chain began making threatening telephone calls to the Boston Globe’s newsroom. In the calls, Chain referred to the Globe as “the enemy of the people” and threatened to kill newspaper employees. In total, Chain made approximately 14 phone calls to the Globe between Aug. 10 and 22, 2018.
On Aug. 16, 2018, the day the coordinated editorial response was published in the Boston
Globe, Chain called the Globe newsroom and threatened to shoot Globe employees in the head “later today, at 4 o’clock.” As a result of that call, local law enforcement responded to the
Globe’s offices and maintained a presence outside the building to ensure the safety of employees.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Los Angeles Field Division; the Drug Enforcement Administration, Los Angeles Division; the U.S. Postal Inspection Service, Los Angeles Division; the California Highway Patrol; the Los Angeles Police Department; the Boston Police Department; and the FBI’s Joint Terrorism Task Force in Boston. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit prosecuted the case.
Bronx Man Arrested for Production and Possession of Child Pornography and Enticement of A MinorRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that MICHAEL BARRETO has been arrested for his scheme to produce and possess child pornography, and enticing a minor. BARRETO was arrested yesterday in the Bronx, New York, and was presented today before United States Magistrate Judge Kevin Nathaniel Fox.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Michael Barreto groomed his victim by communicating via social media. He then allegedly lured the teen to his apartment, gave him alcohol and drugs, and then filmed their sexual conduct. Barreto has been arrested for his crime and faces significant time behind bars where he can no longer harm other children.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “In a not so chance encounter, Barreto allegedly lured his victim through social media to meet him. He later filmed himself in a sexual encounter with the child. This is harsh reminder to all parents about the need to stay involved with a child’s online activities. HSI and the NYPD are committed to arresting predators like Barreto, those who prey on the young and steal their innocence. It is equally important to ensure that children understand the dangers that lurk inside the world of the internet.”
NYPD Commissioner James P. O’Neill said: “The NYPD and its law enforcement partners will never cease efforts to root out those who seek to exploit children, and we urge anyone with information about this despicable case – or any other case – to report it to the NYPD.”
As alleged in the criminal Complaint, which was unsealed today:[1]
Between November 2017 and July 2019, BARRETO knowingly used a social media platform to communicate with and entice a minor (“Victim-1”). In July 2019, BARRETO filmed sexual conduct between himself and Victim-1. When law enforcement officers arrested BARRETO in September 2019 on separate criminal charges, they seized his mobile phone and found the July 2019 video.
* * *
BARRETO, 31, of the Bronx, is charged with one count of sexual exploitation of a child, which carries a minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison; one count of enticement of a minor, which carries a minimum sentence of 10 years in prison and a maximum sentence of life in prison; and one count of possession of child pornography, which carries a maximum sentence of 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Any individuals who believe they have information that may be relevant to this investigation should contact the NYPD’s Special Victims Division 24-hour hotline at 212-267-RAPE (7273).
Mr. Berman praised the outstanding work of the NYPD and HSI.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Kedar S. Bhatia is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein are only allegations, and every fact described should be treated as an allegation.
Boston Man Indicted for Being a Felon in Possession of FirearmRead the Press Release
BOSTON – A Boston man was indicted today for being a felon in possession of a firearm.
Naysaan Austin, 23, was charged with one count of being a felon in possession of a firearm. Austin was arrested on Sept. 19, 2019, and charged by criminal complaint.
According to court documents, on June 16, 2019, Austin was arrested in Dorchester for carrying a Sig Sauer .22 caliber Mosquito Pistol loaded with five rounds of ammunition. The serial number on the gun was obliterated. Austin is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commission William G. Gross made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Criminal Division is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Billings methamphetamine trafficker sentenced to 15 years in prisonRead the Press Release
BILLINGS—A Billings man who admitted supplying meth to others for distribution and to having firearms was sentenced today to 15 years and one month in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.
Chad Allen Beres, 32, pleaded guilty in April to conspiracy to possess with intent to distribute meth, possessing with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court records filed in the case that Billings Police officers arrested co-defendant Christopher Hurst at a hotel on Feb. 27, 2018. During a search of the room, officers found meth and a firearm. Hurst admitted receiving from four to eight ounces of meth nearly every day from his suppliers and that he had received at least 15 pounds of meth that he distributed.
Agents identified Beres as a supplier of Hurst’s and also learned that co-defendant Larry Barnett also got meth from Beres. Agents served a search warrant on Beres’ residence and seized about 700 grams of meth, which is about 1.5 pounds and the equivalent of about 5,600 doses. Agents also seized three shotguns and two handguns.
Hurst and Barnett were both convicted in the case. Hurst was sentenced to 12 years in prison while Barnett was sentenced to seven years in prison.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the FBI and BPD.
The 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.
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Antioch Man Sentenced to 102 Months in Prison for Distribution of Child PornographyRead the Press Release
SAN FRANCISCO – Freddy Jorge Horna was sentenced yesterday to 102 months in prison for distribution of child pornography, announced United States Attorney David L. Anderson and Special Agent in Charge Tatum King, Homeland Security Investigations. The sentence was handed down by the Honorable Jeffrey S. White, U.S. District Judge.
Horna, 39, of Antioch, pleaded guilty to the charge on April 9, 2019.
During 2018, Horna distributed child pornography using a social media platform to an adult woman in Peru. The images depicted the woman’s two daughters, who were approximately 7 and 14 years old who resided in Peru, engaged in sexually explicit conduct. Horna and the woman in Peru transmitted over 900 sexually explicit images and over 60 sexually explicit videos of the minor victims.
On August 1, 2018, a Criminal Complaint was filed charging Horna with distribution of child pornography in violation of 18 U.S.C. § 2252(a)(2). On August 16, 2018, a federal grand jury returned an indictment charging Horna with one count of distribution of child pornography in violation of 18 U.S.C. § 2252(a)(2). The woman in Peru was charged by the Peruvian government. Following Horna’s arrest in 2018, she absconded. Peruvian authorities continue to search for her. At that same time, Peruvian authorities took the minor victims into protective custody.
In addition to the prison term, Judge White sentenced Horna to a 5-year term of supervised release and ordered Horna to pay a special assessment of $5,100.
Assistant United States Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez. The prosecution is the result of an investigation by Homeland Security Investigations (San Francisco and Northern California); the Silicon Valley Internet Crimes Against Children Task Force; and the Peruvian National Police.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children via its toll-free 24-hour hotline, 1-800-THE-LOST.
Alleged Mexican Drug Kingpin Charged with Leading a Continuing Criminal Enterprise and Other Drug-Related ChargesRead the Press Release
A superseding indictment was filed today in federal court in Brooklyn charging Vicente Carrillo Fuentes with running a continuing criminal enterprise, as well as firearms offenses, money laundering and other drug-related crimes through his leadership of the Juarez Cartel, a violent drug trafficking organization. Carrillo Fuentes was arrested by Mexican authorities in October 2014 and is presently incarcerated in Mexico.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations (HSI), New York Field Office, James P. O’Neill, Commissioner, New York City Police Department (NYPD), and Keith M. Corlett, Superintendent, New York State Police (NYSP), announced the charges.
“As alleged, Vicente Carrillo Fuentes was responsible for importing thousands of kilograms of poisonous cocaine into the United States, conspiring to murder his organization’s rivals and reaping tens of millions of dollars in drug trafficking profits,” stated United States Attorney Donoghue. “This indictment and our determination to bring him to justice demonstrates, once again, that if you are ruthless enough and dumb enough to run a Mexican drug cartel, we have an American jail cell waiting for you.”
“Like dominoes, another alleged leader of a Mexican drug cartel has fallen for his role in leading a continuing criminal enterprise that fueled drug addiction and drug-related deaths,” stated DEA Special Agent-in-Charge Donovan. “The American judicial system’s reach goes beyond borders to bring international drug traffickers to justice. I applaud the Government of Mexico, the United States Attorney’s Office for the Eastern District of New York and our law enforcement partners for their mutual partnership in drug trafficking investigations.”
“Carillo Fuentes, the leader of the Juarez Drug Cartel, allegedly funneled vast amounts of addictive drugs into the United States for more than 20 years, and threatened to kill anyone who challenged his position or organization,” stated HSI Special Agent-in-Charge Fitzhugh. “HSI’s patience and resolve in investigating drug cartels has led to the arrests of narco-traffickers at the highest levels and the systematic dismantlement of their infrastructure, brick by brick.”
“This investigation is yet another example of law enforcement partners working collaboratively to get dangerous individuals and deadly drugs off our streets. I want to thank our federal, state and local partners for their ongoing hard work and collaboration on this case, which has resulted in disruption of a major drug trafficking operation and removal of a dangerous criminal who profited at the expense of our communities,” stated NYSP Superintendent Corlett.
According to the superseding indictment, between January 1990 and October 2014, Carrillo Fuentes was responsible for the importation into the United States, and distribution of, hundreds of tons of cocaine. To ensure the success of his cartel, he employed individuals to obtain transportation routes and warehouses to import and store narcotics, and “sicarios,” or hit men, to carry out kidnappings and murders in Mexico to retaliate against rivals who threatened the cartel. Until 2004, Carrillo Fuentes and the Juarez Cartel were closely aligned with the Sinaloa Cartel, led by Joaquin Guzman Loera, also known as, “El Chapo,” and Ismael Zambada Garcia, also known as, “El Mayo.” Those cartels shared investments in drug shipments, transportation infrastructure and contacts with corrupt government officials to facilitate the transfer of drugs through Mexico. The millions of dollars generated from the drug sales were then transported back to Mexico.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Michael P. Robotti, Patricia Notopoulos and David J. Lizmi are in charge of the prosecution.
The Defendant:
VIcente Carrillo Fuentes (also known as "El Viceroy")
Age: 56
MexicoE.D.N.Y. Docket No. 09-CR-522 (SJ)
Tuesday 1 October 2019
Worcester Man Arrested for Possession of Child PornographyRead the Press Release
BOSTON – A Worcester man was arrested yesterday and charged with possession of child pornography.
Kenneth Gianatasio, 40, was arrested and charged with one count of possession of child pornography. Gianatasio was detained pending a detention and probable cause hearing scheduled for Oct. 3, 2019.
As alleged in charging documents, on Aug.5, 2019, Gianatasio initiated a conversation with an undercover agent on Kik Messenger. During the conversation, Gianatasio allegedly requested to meet the agent in order to engage in sexual activity with the agent’s fictitious underage daughter. Gianatasio was subsequently interviewed by law enforcement and stated that he had used Kik to communicate with parents of underage girls in order to engage in sexual activity with the girls. A search of Gianatasio iPhone yielded multiple videos of child pornography.
The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Woman pleads to smuggling meth in baby formula containersRead the Press Release
BROWNSVILLE, Texas – A 59-year-old U.S. citizen who resided in Mexico has admitted she possessed with intent to distribute nearly two kilograms of meth, announced U.S. Attorney Ryan Patrick.
Sharon Elaine Horne now faces up to life in prison.
On March 29, Horne attempted to enter the United States via the pedestrian lane at the Gateway International Port of Entry in Brownsville. A search of her belongings revealed two canisters of powdered baby formula. The seals appeared to have been removed and then re-glued.
The investigation revealed a total of 3.9 pounds of crystal meth concealed in bags and hidden underneath the baby formula.
At the time of her plea today, she admitted she picked up the two containers in Matamoros, Tamaulipas, Mexico, with instructions to walk them across the bridge into the United States.
U.S. District Judge Rolando Olvera will impose sentencing Jan. 8, 2020. At that time, Horne faces a minimum of 10 years and up to life in federal prison and a possible $10 million maximum fine.
She has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Nikki Piquette is prosecuting the case.
Wilkes-Barre Man Sentenced to Nine Years’ Imprisonment for Firearms and Heroin Trafficking OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 30, 2019, United States Senior District Court Judge A. Richard Caputo sentenced Al Dunlap, age 29, of Wilkes-Barre, Pennsylvania, to 108 months’ imprisonment followed by three years of supervised release, for heroin trafficking and firearms offenses.
According to United States Attorney David J. Freed, between November 2015 and February 2016, Dunlap was a member of a drug ring that distributed heroin and crack cocaine in the Wilkes-Barre area. Dunlap sold narcotics on several occasions to confidential informants, and a search warrant of his residence recovered significant quantities of narcotics and several firearms. Dunlap admitted to distributing over 100 grams of heroin, which is equivalent to approximately 4,000 potentially fatal doses of heroin, and for possessing a firearm in furtherance of his drug dealing activities. Dunlap also was held responsible for being a manager and supervisor of the drug ring. As part of the sentence, Judge Caputo forfeited Dunlap’s interest in the firearms and ammunition seized from his residence.
Three other members of the drug ring previously were sentenced by Judge Caputo:
- Davon Beckford, of Wilkes-Barre, Pennsylvania, was sentenced to time served of approximately 13 months’ imprisonment and three years of supervised release. After violating the terms of his supervised release, Beckford was sentenced to an additional six months of imprisonment.
- Jaquan Henderson, of Wilkes-Barre, Pennsylvania, was sentenced to 96 months’ imprisonment and three years of supervised release.
- Stephanie Walter, of Sugar Notch, Pennsylvania, was sentenced to two years of probation.
Two remaining defendants, Truman Jones and Na’Deardra Mayhams, are scheduled for trial on December 9, 2019.
The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Wilkes-Barre Police Department, the Luzerne County Drug Task Force, and by the Pennsylvania State Police. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
The case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Western Slope Man Sentenced to 7 Years in Federal Prison for Marijuana ConspiracyRead the Press Release
GRAND JUNCTION – United States Attorney Jason R. Dunn announced that Long Luong, aka “Peter”, was sentenced yesterday to serve 84 months (7 years) in federal prison for conspiracy to manufacture and possess with intent to distribute 1000 kilograms or more of marijuana and 1000 plants or more. The sentence was imposed by Senior U.S. District Court Judge Marcia S. Krieger, who pronounced the sentence while in Grand Junction. Luong was also ordered to serve 5 years on supervised release and pay a $30,000 fine. Loung appeared at the sentencing hearing in custody, and was remanded at the hearing’s conclusion.
According to court documents, including the stipulated facts in Luong’s plea agreement, on September 18, 2016, agents from the Drug Enforcement Administration were informed of a large outdoor marijuana grow operation in Rifle, Colorado. Agents confirmed the existence of this grow and began surveillance. The grow was located on property owned by co-defendant Heung Yu Wong. The next day, agents observed numerous individuals harvesting marijuana plants and loading them into a large truck. Shortly thereafter, agents observed many of these individuals attempting to flee from the grow operation. Agents detained a number of the individuals, including the defendant and his wife, co-defendant Guoying Tang.
Following the execution of a search warrant at the location, agents discovered 2,420 large, mature marijuana plants. The defendant conspired with the co-defendants, and others, to cultivate and harvest this marijuana for illegal distribution. Despite the prior warrant, on September 20, 2017, the defendant again conspired with his wife, co-defendant Guoying Tang, and others to cultivate and harvest a large field of marijuana in southwestern Colorado. Luong, while supervising at least five others, harvested this field and loaded it onto two large trucks. On September 23, 2017, one of the two trucks was intercepted by law enforcement and discovered to contain a significant quantity of freshly harvested marijuana that would result in at least 50 KG of usable marijuana. This truck was destined for a warehouse located in Grand Junction, Colorado, where Luong and others supervised the cultivation of an additional 1,034 marijuana plants and the processing of marijuana for later distribution.
As part of the investigation, a search warrant was also executed at the defendant’s home in Grand Junction, Colorado, which he shared with his wife. Inside the defendant’s home, agents discovered a marijuana grow containing 179 marijuana plants. The defendant and his wife cultivated these plants for further illegal distribution. Also located in the home, hidden in a clothes hamper in the master bedroom, agents discovered a Beretta 9mm handgun. This handgun belonged to the defendant.
Luong and the two co-defendants were indicted on February 27, 2018. Luong pled guilty before Magistrate Judge Gordon Gallagher on May 21, 2019. He was sentenced on September 30, 2019.
“The cultivation of marijuana for the black market is an issue this office and our law enforcement partners continue to aggressively pursue,” said U.S. Attorney Jason Dunn. “The defendant will now face the consequences of growing and distributing this illegal product.”
“The DEA is committed to protecting our communities by working alongside our state and local law enforcement partners to identify and target the most significant threats to the public safety,” said Acting DEA Special Agent in Charge Deanne Reuter. “Long Luong ran a massive illegal marijuana grow operation that flagrantly and grossly violated both federal and state law. The DEA will continue to target these large illegal grow operations that seek profit over the public well-being.”
This case was investigated by the DEA, with substantial assistance from ATF, Two Rivers Drug Enforcement Team, Western Colorado Drug Task Force, Garfield County Sheriff’s Office, Mesa County Sheriff’s Office, and Grand Junction Police Department. The defendant was prosecuted by Assistant U.S. Attorney Jeremy Chaffin in the U.S. Attorney’s Grand Junction office.
Upshur County man sentenced for firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Floyd Edward Roby, of Buckhannon, West Virginia, was sentenced today to 37 months incarceration for a firearms charge, U.S. Attorney Bill Powell announced.
Roby, age 41, pled guilty to one count of “Unlawful Possession of a Firearm” in May 2019. Roby, having previously been convicted of a felony, admitted to having a 9mm pistol in January 2019 in Upshur County.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Upshur County Sheriff’s Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
United States Attorney Mike Stuart Issues Statement on Election SecurityRead the Press Release
CHARLESTON, W.VA. – United States Attorney Mike Stuart issued the following statement about the important issues of elections, election security and voter legitimacy:
“During the 2018 election cycle, Secretary of State Warner referred to my office what he perceived to be an attempted intrusion by an outside party into the West Virginia military mobile voting system. I note that there was no intrusion and the integrity of votes and the election system was not compromised. My office instituted an investigation to determine the facts and whether any federal laws were violated. The FBI has led that investigation. That investigation is currently ongoing and no legal conclusions whatsoever have been made regarding the conduct of the activity or whether any federal laws were violated.
The United States Department of Homeland Security has designated elections as “Critical Infrastructure.” Federal and state officials including law enforcement treat potential threats against our elections extremely seriously. There is no greater threat to our way of life and democracy than the threat of compromised elections. The reliability of our election system and the sanctity of every vote is something we should never have to question. Sadly, the challenge and threat isn’t only foreign interference but, rather, institutions, interest groups, third parties and trouble makers that seek to test or challenge or ultimately undermine the legitimacy of our elections and, as a result, our governing institutions and our government. It is something the Department of Justice and this office will not tolerate – not even a little.
In anticipation of the 2020 election cycle, a cycle that may well be the most contested, most intense and most brutal election cycle in the history of the nation, let me be absolutely clear: If you are a party – any party – or an individual – any individual – that intentionally compromises or attempts to intentionally compromise our election systems, the security related to our election systems, or the legitimacy of the votes cast by citizens, my office will prosecute you to the fullest extent of the law. Free and fair elections are a critical foundation to the maintenance of liberty. Whether in the name of an academic exercise, a mere challenge or thrill, or to actually cause harm, we will treat every risk extremely seriously and as a threat to “Critical Infrastructure.” Even a mere attempt is unacceptable. If you do the crime, be ready to do the time. Our election systems are sophisticated with many electronic fingerprints that will lead us exactly to the violators of our secured systems. Don’t do it. Don’t even think about it.”
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Tyler County man facing firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – Dale Robert Barnhart, of Alma, West Virginia, was indicted today on firearms charges, U.S. Attorney Bill Powell announced.
Barnhart, age 56, was indicted on two counts of “Unlawful Possession of a Firearm.” Barnhart, who is prohibited from having a firearm because of prior convictions, is accused of having two shotguns, a rifle, a .380 derringer, and multiple rounds of ammunition in August 2019 in Tyler County.
Barnhart faces up to 10 years incarceration and a fine of up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two face life in prison for bringing drugs into USRead the Press Release
LAREDO, Texas – Two men are set to appear in federal court to answer separate, but similar charges for allegedly trying to smuggle drugs into the country, announced U.S. Attorney Ryan K. Patrick.
Alondra Pliego, 21, Houston, and Mexican citizen Jose Antonio Garza Gutierrez, 28, Vallecillo, Nuevo Leon, Mexico, were both originally charged by criminal complaints. A federal grand jury returned the indictments Sept. 24 for conspiracy to import methamphetamine and cocaine, respectively. They are expected to appear for their respective arraignments today at 1 p.m. before U.S. Magistrate Judge Sam Sheldon.
On Aug. 29, 2019, Pliego attempted to enter the United States through the Colombia Solidarity International Bridge Port of Entry in Laredo driving a Chrysler sport utility vehicle.
The charges allege that during inspection, authorities conducted an x-ray examination of the vehicle which revealed anomalies within the rear area. A k-9 inspection allegedly alerted the possible presence of narcotics. Authorities then soon discovered a non-factory compartment within the rear cargo floor area concealing 65 packages, according to the charges. The white crystal-like substance allegedly field-tested positive for methamphetamine and had a total weight of approximately 66.95 kilograms.
In the other case, Gutierrez allegedly drove a semi-truck and trailer combination through the World Trade Bridge Port of Entry in Laredo on Sept. 3, 2019. During inspection, authorities noticed an unusual hidden compartment in the sleeper area of the vehicle, according to the charges. Soon after, the charges allege they discovered 14 tightly wrapped bundles containing more than 16.94 kilograms of cocaine.
If convicted, both face a minimum of 10 years and up to life in federal prison as well as a possible $10 million maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted both investigations with the assistance of Customs and Border Protection.
Assistant U.S. Attorneys Brandon Scott Bowling and Paul A. Harrison are prosecuting the Pliego and Gutierrez cases, respectively.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.