Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 9 September 2019
Mexican Alien with Involuntary Manslaughter Conviction Guilty of Illegal ReentryRead the Press Release
RICHMOND, Va. – A federal judge convicted a Richmond man today after a bench trial on the charge of illegally reentering the United States following removal after a felony conviction.
According to court records and evidence presented at trial, Rodrigo Martinez-Mendoza, 54, a citizen of Mexico, first made illegal entry into the United States in 1993. In 1996 in Texas, he was convicted of forgery. Immigration authorities learned of the matter and commenced removal proceedings. Following processing, Martinez-Mendoza was then released on his own recognizance. In May 1997, Martinez-Mendoza failed to appear at his scheduled hearing, and was ordered deported to Mexico, and a warrant was issued. In August 2005, ICE Special Agents encountered Martinez-Mendoza at Fort Lee Army Base in Petersburg, and was then processed for deportation. In September 2005, Martinez-Mendoza was removed to Mexico at taxpayer expense. Thereafter on an unknown date, at an unknown location, he illegally returned to the United States.
In October 2009, Martinez-Mendoza was arrested by officers of the ICE Fugitive Operations Team in Chester and later pleaded guilty and served four months before being deported to Mexico at taxpayer expense. On an unknown date, Martinez-Mendoza illegally returned to the United States.
In December 2017, in Petersburg, Martinez-Mendoza was arrested by law enforcement officers from the U.S. Marshals Capital Area Regional Fugitive Task Force for felony malicious wounding. In October 2018, he was convicted of involuntary manslaughter in Richmond Circuit Court and sentenced to a term of five years in prison with four years suspended.
Martinez-Mendoza faces a maximum penalty of 10 years in prison when sentenced on December 10. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after Senior U.S. District Judge Henry E. Hudson accepted the verdict. Assistant U.S. Attorney S. David Schiller is prosecuting 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. 3:17-cr-164.
Meth distributor sentenced to 15 yearsRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge Rebecca Grady Jennings has sentenced Eric Todd, of Louisville, to a sentence of 188 months imprisonment, followed by five years of supervised release for conspiracy to distribute approximately 230 grams of crystal methamphetamine, announced United States Attorney Russell Coleman.
“We’re talking about approximately 500 doses of meth here, with all of the pain and risk to families that poison brings with it,” said U.S. Attorney Russell Coleman. “Working with stalwart partners such as the ATF, we will continue to remove drug traffickers like Mr. Todd from our Commonwealth, who now faces over a decade and a half in federal prison.”
Todd, 43, was found guilty after a jury trial in Louisville, Kentucky, on May 28, 2019, through May 31, 2019, before U.S. District Judge Rebecca Grady Jennings.
Todd’s counsel, argued for a reduced sentence of 120 months, contending that Todd played a minor role in the conspiracy. Judge Jennings rejected that argument, finding that according to the evidence presented at trial Todd was fully responsible for his actions, in that he initiated the drug transaction for which he was convicted by calling the informant and soliciting her to purchase methamphetamine from him. Evidence further established that the defendant managed and controlled this criminal activity by calling the informant several times and directing her over a period of several hours to go to various locations within the city before finally directing her to retrieve the methamphetamine and place the money for the purchase in the trunk of a parked car at a local restaurant.
The case was prosecuted by Assistant United States Attorney Larry Fentress with support from legal assistant Charlotte Hendricks. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
####
Menands Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kenneth J. Monahan, age 44, of Menands, New York, pled guilty today to one count of distribution of child pornography, one count of receipt of child pornography, and two counts of possession of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Monahan admitted to using peer-to-peer software to distribute numerous images of child pornography in February and April 2018. He also admitted to downloading child pornography from the Internet from 2017 through April 2018, and to possessing over 1,300 images of child pornography in May 2018.
Sentencing is scheduled for January 6, 2020 in Albany, before Senior United States District Judge Thomas J. McAvoy. Monahan faces a minimum of 5 years and up to 20 years in prison. The Court is also required to impose a term of supervised release of between 5 years and life, and Monahan will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia G. Suarez.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Member of Maryland MS-13 Extortion Operation in DC Suburbs Sentenced to 51 Months in Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Gerdandino Delgado-Escobar, a/k/a “Pumba,” age 24, of Hyattsville, a member of La Mara Salvatrucha, or MS-13, to 51 months in federal prison, followed by three years of supervised release, for conspiracy to interfere with interstate commerce by extortion. Judge Xinis also ordered Delgado-Escobar to pay restitution to his victims. A federal jury has convicted Delgado-Escobar late on June 13, 2019. Delgado-Escobar has been detained since his initial appearance on May 8, 2018.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Director in Charge Timothy R. Slater of the FBI Washington Field Office; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Field Office; Special Agent in Charge Jesse R. Fong of the U.S. Drug Enforcement Administration (DEA) Washington Field Division; Acting Chief Marcus Jones of the Montgomery County Police Department; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Chief Amal Awad of the City of Hyattsville Police Department; Prince George’s County State’s Attorney Aisha Braveboy; and Montgomery County State’s Attorney John McCarthy.
“This prosecution and sentence send a strong message to MS-13 gang members that we will not tolerate the fear and violence perpetrated by MS-13 in Maryland,” said U.S. Attorney Robert K. Hur. “Federal, state, and local law enforcement will continue to work together to find and bring to justice MS-13 members who prey on our neighborhoods.”
MS-13 is a violent gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, Anne Arundel County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively as “Programs,” with the purpose of increasing the gang’s levels of organization, violence, extortion, and other criminal activity, and to assist one another in avoiding detection by law enforcement.
According to trial evidence, in the Washington, DC metropolitan area, MS-13 generated income from various sources, including the extortion of money from businesses. Targeted businesses included drug dealers, brothels, unlicensed “stores” where food, alcoholic beverages, and cigarettes were sold, as well as legitimate businesses, including food and beverage sellers and distributors.
The evidence presented at the four-day trial proved that Delgado-Escobar was a member and associate of the Langley Park Salvatrucha (“LPS”) clique of MS-13. From at least March 2013, Delgado-Escobar, working with other MS-13 members and associates, extracted weekly extortion payments known as “rent” from victim business owners for operating in territory controlled by the LPS and Sailors cliques of MS-13. According to trial testimony, the payments were generally about $40 to $50 per week for beer delivery businesses and around $115 per week for brothel owners.
As proven during the trial, Delgado-Escobar and his co-conspirators extorted numerous business owners operating in the Langley Park area. Delgado-Escobar conspired with other MS-13 members and associates to obtain money from the victims through the use of actual and threatened force, violence, and fear. According to the trial evidence, in one instance a victim who delivered beer was grabbed by the neck, had a gun put to his head, and was threatened with the murder of his entire family if the victim did not pay MS-13 for operating a business in its territory. MS-13 members referred to these extortion payments as “rent.”
U.S. Attorney Robert K. Hur thanked the FBI Washington and Baltimore Field Offices, HSI Baltimore, the DEA Washington Field Office, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s County State’s Attorney’s Office, the City of Hyattsville Police Department, and the Montgomery County State’s Attorney’s Office for their work in this investigation. Mr. Hur commended Assistant U.S. Attorneys Catherine K. Dick and William D. Moomau, who are prosecuting this case.
# # #
Marshall County man admits to failing to register as a sex offenderRead the Press Release
WHEELING, WEST VIRGINIA – Zachary Douglas Brown, of Moundsville, West Virginia,has admitted to a failure to register charge, United States Attorney Bill Powell announced.
Brown, age 33, pled guilty to on one count of “Failure to Register.” Brown admitted to traveling across state lines and failing to register as a sex offender, as required. The crime took place between January and March 2019.
Brown faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Danae Demasi-Lemon is prosecuting the case on behalf of the government. The United States Marshal Service investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Mandeville Woman Charged in Indictment for Operating Businesses Selling Anabolic Steroids and Prescription MedicationRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced the September 4, 2019 unsealing of a seven-count Indictment charging NATALIE BARTON, age 41, of Mandeville, Louisiana, with conspiracy to distribute and possess with the intent to distribute anabolic steroids, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(E)(i) and 846 (Count 1); conspiracy to misbrand drugs, in violation of Title 18, United States Code, Section 371 (Count 2); distribution of anabolic steroids, in violation of Title 21, United States Code, Section 841(a)(1), 841(b)(1)(E)(i), and Title 18, United States Code, Section 2 (Counts 3 and 4); and misbranding of prescription drugs, in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2), and Title 18, United States Code, Section 2 (Counts 6 and 7).
According to the Indictment, NATALIE BARTON and her husband E.B. owned and operated certain websites from which they sold anabolic steroids, including substances sold under the names “Desoxy-T Acetate,” “Celtic Mass,” and “Dienolone Acetate.” For a time, they also operated a brick-and-mortar store in Metairie, Louisiana from which they sold these anabolic steroids. These substances were chemically similar to testosterone or other anabolic steroids, and had pharmacological effects similar to testosterone, including promoting muscle growth. In some cases these substances were sold with provisos indicating that they were not for human consumption or were for research purposes, but those provisos were false, and they were sold with the intent of promoting muscle growth in humans or to cause a pharmacological effect similar to testosterone.
According to the Indictment, NATALIE BARTON and her husband also sold prescription medications through their websites and in their brick-and-mortar store. These prescription drugs were dispensed without valid prescriptions issued by licensed practitioners, and without labels that complied with the Food, Drug, and Cosmetic Act. Instead, these substances included labels that were misleading, in that they stated that the substances were not for human consumption, which was false. NATALIE BARTON and E.B. were not practitioners licensed by law to administer prescription drugs. Many of the prescription drugs sold are commonly abused in conjunction with the use of anabolic steroids because they either treat negative side effects of anabolic steroids or have complementary effects.
If convicted, NATALIE BARTON faces a maximum term of imprisonment of 10 years of imprisonment followed by at least 2 years of supervised release on the anabolic-steroid-related counts, and a maximum term of imprisonment of 3 years followed 1 year of supervised release on the misbranding-related counts.
DEA Special Agent in Charge Brad L. Byerley said, “Those who choose to violate laws designed to ensure the safe and legal dispensation of pharmaceutical drugs will not escape the scrutiny of DEA. This indictment is a direct result of outstanding partnerships with federal, state, and local law enforcement. DEA will continue to pursue those who threaten our communities through the distribution of these potentially dangerous drugs.”
“U.S. consumers rely on the FDA to ensure that the drugs they take are safe, effective and properly labeled,” said Special Agent in Charge Justin D. Green, FDA Office of Criminal Investigations. “We remain committed to pursuing and bringing to justice those who attempt to subvert the regulatory functions of the FDA by distributing unapproved and misbranded drugs.”
“It is extremely important that consumers who use dietary supplements and medications have the expectation of safe products. As part of this indictment alleges, if supplements and medications contain components that are not legally approved, the health of the public is put at risk and the public’s trust violated,” said U.S. Attorney Peter G. Strasser. “Our office, along with our investigative partners, will continue to investigate alleged improprieties and bring to justice those who place our community at risk.”
U.S. Attorney Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proved beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, the Food and Drug Administration, the United States Postal Inspection Service, and the Department of Homeland Security, Homeland Security Investigations in investigating this matter. U.S. Attorney Strasser expressed appreciation for the support provided by the United States Anti-Doping Agency and the Sports Medicine Research and Testing Laboratory. Assistant United States Attorney Jonathan Shih is in charge of the prosecution
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
* * *
Manager of San Fernando Valley-Based Telephone Order Drug Delivery Service Sentenced to Nearly 20 Years in Federal PrisonRead the Press Release
LOS ANGELES – A Sylmar man was sentenced today to 235 months in federal prison for managing “Manny’s Delivery Service,” a Van Nuys-based drug-distribution ring that used a fleet of cars and a staff of drivers to make rapid deliveries – primarily of heroin – to its customers who phoned in orders for narcotics.
Sigifredo Gurrola Barrientos, 42, was sentenced by United States District Judge Percy Anderson, who said Barrientos was “willing to profit off the misery and at the expense of communities that have to live with the consequences of drug trafficking. Distribution of this poison…carries a very steep price.”
Barrientos pleaded guilty in April 2018 to one felony count of conspiracy to distribute controlled substances. He was the lead defendant in a federal grand jury indictment charging him and 13 other people in with various narcotics distribution-related offenses stemming from the delivery operation.
Between 2013 and December 2017, Barrientos was the manager and overseer of Manny’s Delivery Service. In that role, Barrientos obtained wholesale quantities of heroin and cocaine; managed employees; kept drug sale ledgers; arranged for the storage and transportation of heroin, cocaine and drug proceeds; and obtained, maintained and outfitted a fleet of drug delivery vehicles. The ring also sold larger quantities to street-level heroin dealers as part of its sophisticated, high-volume narcotics business. Delivery vehicles had hidden compartments to conceal drugs and the movement of bulk cash collected from narcotics transactions.
Members of the drug ring obtained pound quantities of heroin and moved hundreds of thousands of dollars in cash, according to wiretapped conversations. Bulk narcotics were stored in a “stash house,” and smaller quantities of drugs were packaged and dispatched to customers from a facility maintained by the ring in Van Nuys. The outfit frequently supplied drugs to customers who were directed to meet delivery drivers at locations across the San Fernando Valley.
For example, in November 2014, Barrientos coordinated the distribution of nearly one pound of heroin to a Manny’s customer, but law enforcement subsequently seized it.
When law enforcement broke up the Manny’s ring in December 2017, the outfit possessed at a Van Nuys stash house approximately 11.5 pounds of heroin and 1.1 pounds of cocaine meant for distribution. Barrientos and a co-defendant also possessed $434,327 in Manny’s drug proceeds at the stash house.
Barrientos has been in custody since his arrest in this case in December 2017. He is the last of the 14 defendants charged in the indictment to be sentenced. Other defendants in this case received sentences of up to 97 months in federal prison.
Three drug dealers associated with this conspiracy were charged in separate indictments with distribution or possession with intent to distribute heroin. All three of those defendants have pleaded guilty and been sentenced to prison terms of up to 63 months.
The investigation into Manny’s Delivery Service was conducted by the Drug Enforcement Administration and the Ventura County Narcotics Task Force. The Los Angeles Police Department and the Glendale Police Department provided substantial assistance during the investigation, which was part of the Justice Department's Organized Crime Drug Enforcement Task Force (OCDETF).
This case was prosecuted by Assistant United States Attorneys A. Carley Palmer and Christopher C. Kendall of the International Narcotics, Money Laundering, and Racketeering Section.
Man Sentenced to 18 Years for Dane County RobberiesRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Eric Clay, 28, Madison, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 18 years in federal prison for robbing two taxicab companies, one while armed, and a gas station. Clay pleaded guilty to these charges on June 5, 2019. His prison term will be followed by a five-year period of supervised release.
On December 14, 2018, Clay and two accomplices robbed a Union Cab driver in Madison and several hours later they robbed a BP gas station in Sun Prairie, Wisconsin. The next day, December 15, 2018, Clay and his accomplices robbed a Green Cab driver in Madison while armed.
During sentencing, Judge Peterson said that Clay is a dangerous person and a “lengthy prison sentence [was] warranted to protect the public.” U.S. Attorney Blader expressed concern for all of Clay’s victims, and stressed that his office will continue to aggressively prosecute violent criminal offenders.
The United States Attorney for the Western District of Wisconsin brought this case as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
The charges against Clay were the result of an investigation conducted by the Madison and Sun Prairie Police Departments. The prosecution of the case has been handled by Special Assistant U.S. Attorney Chadwick M. Elgersma.
Man Pleads Guilty to Purchasing Turtles in Violation of the Lacey ActRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that ROBERT GLENN HENNESSEY, age 66, a resident of New Jersey, pleaded guilty September 5, 2019 to exporting from Louisiana into New Jersey, 25 common box turtles, from May 19, 2017 to June 14, 2017.
According to court documents, United States Fish & Wildlife Service agents were conducting an investigation into the unlawful capture and interstate sale of various domestic turtle species. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a multilateral treaty signed in 1975, which was designed to ensure the survival of certain plants and animals. These plants and animals are listed within 3 appendices in CITES. Species listed on Appendix II of CITES may become threatened with extinction unless trade is strictly regulated. Since February 16, 1995, the common box turtle (Terrapene Carolina) has been listed on Appendix II of CITES. The Lacey Act makes it unlawful to import, export, sell, acquire, or purchase wildlife (listed in CITES) in interstate commerce, that is in violation of any state law. Louisiana has several statutes that prohibit threatened reptiles such as the common box turtle, from being sold or entered into commerce, without proper licensing.
During the course of the investigation, the agents developed evidence that Louisiana residents were involved in the capture and subsequent interstate sale of common box turtles to out of state purchasers. One of these sellers cooperated with agents and negotiated the sale of 25 common box turtles to the defendant. Agents then PIT (Passive Integrated Transponder) tagged the turtles, packaged and transported them to the United States Postal Inspection Service (USPIS) for delivery. A USPIS agent then conducted a controlled delivery of the turtles to the defendant’s residence and later executed a search warrant, wherein many of the turtles were identified by their PIT tags. HENNESSEY ultimately admitted that he did not possess permits for any of the turtles and knew that by purchasing them in interstate commerce, he was violating state law.
HENNESSEY faces a maximum term of imprisonment of not more than five years, not more than three years on supervised release, a fine of $250,000.00, and a mandatory special assessment of $100.00. U.S. District Court Judge Greg G. Guidry will sentence HENNESSEY on December 17, 2019.
U.S. Attorney Strasser praised the work of the United States Fish and Wildlife Service, the United States Department of Homeland Security, Homeland Security Investigations, and the United States Postal Inspection Service, in investigating this matter. He also thanked the United States Attorney’s Office for the District of New Jersey for their assistance. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
* * *
Man Admits Role in Conspiracy to Distribute Heroin and Fentanyl from A Drug Mill in the Bronx to Customers in New JerseyRead the Press Release
NEWARK, N.J. – A Bronx, New York, man today admitted participating in a conspiracy to distribute heroin and fentanyl to customers in New Jersey, U.S. Attorney Craig Carpenito announced today.
Dilson Vasquez Genao, 23, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with one count of conspiracy to distribute 400 grams or more of a mixture and substance containing fentanyl. Francisco Mercedes Gil, 31, also of the Bronx, New York, pleaded guilty before Judge Salas to the same charges last week.
Four other individuals – Jhan Carlos Capellan Maldonado, 30, Jose Antonio Vasquez Pena a/k/a “Tono,” 46, Daury Contreras Ulerio, 34, and Reimon Genao Rosario, 22 – were indicted on the same charge in August 2019 and were arraigned on Sep. 4, 2019, before Judge Salas. One individual – Eddy Urena Rodriguez, 34 – remains charged by complaint.
According to documents filed in this case and statements made in court:
In early February 2019, law enforcement officers learned that Maldonado used an apartment in the Bronx to store, mix, and package heroin and fentanyl in distribution quantities. Maldonado employed Genao, Gil, Rodriguez, Ulerio, and Rosario, to assist in preparing the heroin and fentanyl for distribution to customers in New Jersey. Pena lived at the apartment in order to safeguard the narcotics and narcotics supplies.
On Feb. 25, 2019, law enforcement officers saw Maldonado drive to a retail store and emerge with several full shopping bags and then drive to the apartment. Genoa came out of the building and met with Maldonado, who got out of his vehicle and gave Genoa the plastic shopping bags. Through its investigation, law enforcement later learned that the plastic shopping bags contained materials to package heroin and fentanyl.
Genoa went back inside the building and was followed by law enforcement officers, who watched as Genoa entered Maldonado’s apartment with a key, still carrying the shopping bags. On Feb. 27, 2019, law enforcement searched Maldonado’s apartment and found seven individuals inside: including Genao, Gil, Rodriguez, Ulerio, Rosario, Maldonado, and Pena. All seven defendants attempted to escape out a window in the bedroom. All but one—Rosario—were apprehended and arrested by law enforcement officers waiting outside. Rosario was arrested at a later date.
Each defendant faces a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine. Sentencing for Genao is scheduled for Jan. 7, 2020, and sentencing for Gil is scheduled for Jan. 6, 2020.
U.S. Attorney Craig Carpenito credited the Homeland Security Investigations (HSI)’s New Jersey Division, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Jason S. Gould of the U.S. Attorney’s Office’s Opioid Abuse Prevention and Enforcement Unit in Newark.
The charge and allegations contained in the indictment against Maldonado, Pena, Ulerio and Rosario and complaint against Rodriguez are merely accusations, and those defendants are presumed innocent unless and until proven guilty.
Defense counsel:
Genao: Edward Kratt Esq., New York
Gil: Keith Oliver Esq., Middletown, New Jersey
Maldonado: Blair Zwillman Esq., Millburn, New Jersey
Ulerio: Perry Primavera Esq., Hackensack, New Jersey
Rosario: James Moriarty Esq., New York
Pena: Peter Carter Esq., Assistant Public Defender, New Jersey
Rodriguez: Ramon Pagan Esq., New YorkMS-13 Member Sentenced to 50 Years in Prison for 2017 Murders of Four Young Men with Machetes, Knives, Clubs and an AxeRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Freiry Martinez, also known as “Discreto” and “Sovietico,” a member of the Herndon City Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, was sentenced by United States Circuit Judge Joseph F. Bianco to 50 years’ imprisonment, following his guilty plea to racketeering charges for his participation in the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos. Upon completion of his sentence, Martinez, an illegal alien from El Salvador, faces deportation from the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“It is my hope that today’s sentence brings some measure of closure and a sense of justice for the family members of the four victims, whose young lives were senselessly cut short by Martinez and his fellow MS-13 members,” stated United States Attorney Donoghue. “This Office, along with our fellow law enforcement partners, will relentlessly pursue gang members who commit depraved acts of violence on behalf of the MS-13 gang, and who foolishly think that fleeing the jurisdiction will place them out of our reach. Today’s sentence clearly proves otherwise.”
“This sentence illustrates our determination to bring these cold blooded killers to justice, and show the local communities we're on their side,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI Long Island Gang Task Force continues to use its global reach to find those who try to escape justice, and stop more violence from happening.”
“After committing four brutal murders, Martinez fled the jurisdiction in an attempt to evade justice,” stated SCPD Commissioner Hart. “Thanks to the strong partnership between both law enforcement and the United States Attorney’s Office his freedom was short lived. We hope that this sentence sends a clear message, to both gang members and their associates that we will not rest until justice is served. This sentencing is another example of our unwavering commitment to dismantle MS-13 in Suffolk County.”
“Today’s sentence of defendant Freiry Martinez is a clear example of law enforcement interagency cooperation and how there are no boundaries in criminal activity. Our partnerships continue to combat crime as we maintain our zero tolerance approach toward gangs and their illegal activities to ensure safety for our residents and communities. I would like to congratulate all of the investigators and their agencies for their hard work and dedication in bringing defendant Martinez to justice,” stated NCPD Commissioner Ryder.
On the evening of April 11, 2017, two female associates of the MS-13 lured five young men, including the four victims, to a community park in Central Islip so that Martinez and other MS-13 members could attack and kill them. The victims were believed to be members of a rival gang who had offended the MS-13. Martinez and numerous other MS-13 members and associates met in the park where they distributed weapons and discussed the plan to kill the victims. Once the female MS-13 associates led the men to a wooded area, Martinez and the other MS-13 members and associates surrounded, attacked and killed Llivicura, Lopez, Tigre and Villalobos, using machetes, knives, wooden clubs and an axe. The fifth intended victim escaped. The victims’ bodies were discovered the following evening.
Several days after committing the April 11, 2017 murders, Martinez fled New York with the assistance of other MS-13 members from New Jersey, Virginia and Maryland. After relocating to Virginia and later Maryland, Martinez continued his MS-13 involvement by associating with MS-13 members from those areas, engaging in street-level drug sales, assaulting rival gang members, and participating in the armed robberies of check-cashing establishments. Martinez was a fugitive for more than seven months after the murders until he was located and arrested in Maryland on November 21, 2017. Thereafter, Martinez was removed from the District of Maryland to the Eastern District of New York to face the instant charges.
Martinez was under 16 years of age at the time of the murders and he was initially charged by a juvenile information. Thereafter, the government filed a motion to transfer him to adult status for prosecution and Martinez waived a transfer hearing, waived indictment and pleaded guilty to racketeering, including predicate racketeering acts relating to the murders of Llivicura, Lopez, Tigre and Villalobos.
Today’s sentencing is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Office, Rockville Centre Police Department, New York State Police, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Michael T. Keilty are in charge of the prosecution.
The Defendant:
FREIRY MARTINEZ (also known as “Discreto” and “Sovietico”)
Age: 18
Brentwood, New York; Fairfax/Arlington Counties, Virginia; Montgomery County, MarylandE.D.N.Y. Docket No. 17-CR-364 (S-1)(JFB)
Los Angeles County Man Pleads Guilty to Federal Charge of Attempting to Obtain the Biological Toxin Ricin for Unlawful PurposesRead the Press Release
LOS ANGELES – A La Crescenta man pleaded guilty today to attempting to obtain ricin from an online source, admitting that he intended to acquire the biological agent for use as a weapon.
Steve S. Kim, 41, pleaded guilty before United States District Judge Terry J. Hatter to one count of violating a criminal statute called prohibition with respect to biological weapons.
Over a two-month period late last year, Kim attempted to obtain ricin from what he thought was an online seller of ricin, but in fact was an undercover FBI operative. During negotiations with the FBI operative, Kim stated that the ricin was intended for an individual who weighed 110 pounds, according to the plea agreement. Kim subsequently agreed to pay 320 Euros (approximately $350) in bitcoin for the ricin. The FBI concealed a substance purporting to be ricin inside another product, and the package was delivered on November 29, 2018 to Kim’s work address in Los Angeles. That evening, Kim took the parcel home, accessed the fake ricin, and was immediately placed under arrest.
“Ricin is an incredibly dangerous biological toxin – just a few tiny grains can kill a human,” said United States Attorney Nick Hanna. “Because it can be used as a weapon of mass destruction and there is no antidote for ricin poisoning, any attempt to acquire this deadly chemical agent is an extremely serious matter that will prompt a vigorous response.”
“The idea of intentionally using a biological agent to do harm shocks the conscience,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “This case demonstrates the FBI’s commitment to holding accountable actors who use or attempt to use weapons of mass destruction to carry out acts of terrorism or violence. This case also sends the message that the primary objective of the Joint Terrorism Task Force is to prevent an act before innocent people become victims.”
In his plea agreement, Kim admitted that he did not intend to use the ricin for a prophylactic, protective, bona fide research, or other peaceful purpose as required by law.
Judge Hatter is scheduled to sentence Kim on November 18.
As a result of today’s guilty plea, Kim will face a maximum statutory sentence of life in federal prison. However, in the plea agreement, the government agreed that it will recommend a sentence of no more than 87 months in prison. The actual sentence imposed in this case will be determined by Judge Hatter.
This matter was investigated by the FBI, which received assistance from the United States Postal Service.
The prosecution is being handled by Assistant United States Attorney Reema M. El-Amamy, with assistance from the Department of Justice’s Counterterrorism Section.
Long Island Business Owner Pleads Guilty to Obstructing Tax LawsRead the Press Release
In Central Islip, New York, a Brentwood, New York, business owner pleaded guilty to corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court filings and facts presented at the plea proceeding, Jose Cerritos (Cerritos) owned and operated La Centro Americana Corp. (La Centro), a wholesale food distribution business based in Bay Shore, New York, that sold imported food products for resale to New York metropolitan area customers. Cerritos diverted cash receipts from the business bank accounts, which caused La Centro’s tax returns for 2011 and 2012 to significantly underreport the size of the business - and its profits - to the Internal Revenue Service (IRS). He also filed his own individual income tax returns, falsely understating the income he received from La Centro. Cerritos also gave the IRS false business records, which purported to show La Centro’s yearly sales for 2011 and 2012, but omitted millions of dollars in gross receipts for each year.
United States District Court Judge Joanna Seybert, who accepted Cerritos’ guilty plea, scheduled sentencing for March 6, 2020. Cerritos faces a statutory maximum sentence of three years in prison. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of the Internal Revenue Service-Criminal Investigation, who conducted the investigation, and Trial Attorneys Sarah Ranney and Mark Kotila of the Tax Division, who are prosecuting the case.
Liberian Man Sentenced for Making False StatementsRead the Press Release
SYRACUSE, NEW YORK –Augustine Sneh, age 31, a Liberian citizen living in Philadelphia, Pennsylvania, was sentenced today to time served (11 months in jail), after being convicted at trial of making a false statement and making a false claim of United States citizenship.
The announcement was made by United States Attorney Grant C. Jaquith and Steven Bronson, Area Port Director, United States Custom and Border Protection (CBP).
Sneh was convicted following a 2-day trial in May 2019. Trial evidence showed that on October 16, 2018, Sneh was denied admission into Canada at the Saint Bernard de LaColle, Quebec Port of Entry. Due to the Canadian refusal, Sneh was required to report to the Champlain Port of Entry in New York. During immigration inspection at the Champlain Port of Entry, Sneh stated that he was a United States citizen born in Philadelphia. Trial evidence showed that Sneh is an alien, a citizen of Liberia, born in Liberia, and that he is not a United States citizen. Evidence showed that Sneh entered the United States in 2000. Sneh has resided in the United States since 2000 and he is the subject of a pending removal order, issued by an Immigration Judge in February 2012.
Following his sentencing, Sneh was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Lewiston Man Sentenced to Eight Years on Drug Trafficking and Firearms ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Keon Baptiste‑Harris, 37, of Lewiston, Maine, was sentenced today in U.S. District Court by Judge Nancy Torresen to eight years in prison and three years of supervised release for distribution of cocaine base (a/k/a crack cocaine) and possession of a firearm in furtherance of drug trafficking. Baptiste‑Harris pleaded guilty on March 20, 2019.
According to court records, on May 1, 2018, Baptiste-Harris distributed cocaine base to a person working with law enforcement. On June 26, 2018, law enforcement executed a search warrant at Baptiste-Harris’s residence in Lewiston. During the search, agents seized distributable quantities of narcotics, more than $8,000 in U.S. currency, ammunition, cell phones and a loaded 9 mm pistol. Baptiste-Harris admitted possessing the firearm to protect himself, his narcotics and the proceeds from his narcotics trafficking
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI’s Southern Maine Gang Task Force; the Lewiston Police Department; and the Maine State Police.
The prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Last of 11 Convicted in Charges Stemming from Rap Video filmed at Lakewood ParkRead the Press Release
HOUSTON - A 31-year-old man has entered a guilty plea for his role in a felon in possession of firearms conspiracy, announced U.S. Attorney Ryan Patrick.
Ivory Vershone Brown is the last of 11 to be convicted in the federal charges that resulted from a rap video filmed in Northeast Houston’s Lakewood Park March 28, 2018. During the video shoot, numerous criminal street gang members – all convicted felons - gathered in the park to film a music video promoting gangs in Houston all brandishing firearms on the basketball court.
Authorities received a 911 call reporting a group of suspicions people shooting a video with guns at the location and dispatched officers to the scene. As they arrived, the majority of the group fled the area. Law enforcement subsequently located eight loaded firearms abandoned at the park.
The music video was released May 20, 2018, via YouTube which WorldStarHipHop.com promoted. Authorities were able to identify each convicted felon and documented gang member who was in possession of firearms in the video. They compared each firearm recovered at the scene to the firearms the defendants held and identified similar characteristics of each.
The lead rapper in the music video - Warren Brown II aka NFL Cartel Bo, 20, of Houston, previously pleaded guilty to being a felon in possession of a firearm. Pleading guilty to the same charge were Kenneth Fontenot 22, Garrett Winn, 31, Devonte Haynes, 26, Joshua Amos, 31, Keithric Lewis, 31, Frenton Price, 33, and Marces Randolph, 30, all also of Houston.
Additionally, Roland Labome, 34, and Jerrell Grant, 37, entered their pleas to conspiracy to unlawfully possess firearms by a felon. They also reside in Houston.
U.S. District Judge Nancy Atlas accepted the final plea today. Brown’s sentencing has been set for Dec. 18, 2019. At that time, he faces up to five years in federal prison as do Labome and Grant. The remaining defendants face a maximum of 10 years imprisonment. In addition, all defendants could potentially be ordered to pay fines up to $250,000.
The remaining defendants are set for sentencing between Dec. 16-18, 2019.
With the exception of Winn, Amos, Price, Randolph and Labome, all have been and will remain in custody pending those hearings.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Houston Police Department conducted the investigation. Assistant U.S. Attorneys Britni Cooper and Lisa Collins are prosecuting the case.
Justice Department Hosts National Public Safety Partnership Symposium, Partners with U.S. Cities to Reduce Violent CrimeRead the Press Release
The Department of Justice today renewed its commitment to reducing violent crime in America, holding its third annual National Public Safety Partnership Symposium.
The National Public Safety Partnership provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
“The National Public Safety Partnership is a hallmark program of this administration,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Department’s Office of Justice Programs. “It effectively works to reduce violent crime, a priority of both Attorney General Barr and President Trump.”
Jon Adler, Director of the Bureau of Justice Assistance – which oversees the partnership program – announced $28 million to provide training and technical assistance to designated partnership sites, as well as to support law enforcement-led and prosecution-based crime reduction efforts in cities across the nation. Funds will also support crime gun intelligence centers in eight sites across the country. These centers focus on the immediate collection, management and analysis of crime gun evidence, such as shell casings, in real time, in an effort to identify violent criminals, disrupt criminal activity and prevent future violence.
“These funds are just the tip of the spear to help law enforcement develop and implement innovative – and proven – strategies to help increase public safety,” said Adler. “In coming weeks, the Justice Department will continue to announce funding awards to communities in support of law enforcement’s commitment to drive down violent crime, aid crime victims and improve justice systems.”
This year’s symposium, which lasts through Sept. 11, brings together more than 400 law enforcement leaders, prosecutors and other officials representing 17 of 41 partnered cities across the U.S. Law enforcement officials from the tristate area surrounding Memphis are also attending.
In June, Attorney General William P. Barr announced the addition of 10 cities and counties to the National Public Safety Partnership, which provides advanced training and technical assistance to cities and counties with elevated rates of violent crime.
“The addition of 10 more partnered sites this year is another critical step in fulfilling President Trump’s commitment to reducing violent crime in America,” said Adler. “The three-year engagement between the Department and each partnered city allows agencies to respond to the diverse needs within their jurisdictions by streamlining access to federal resources for those communities most affected by violent crime.”
To date, the Justice Department has worked with more than 40 cities under the National Public Safety Partnership (PSP) program. Many participating cities have already seen dramatic reductions in violent crime. For example, in Memphis, carjackings decreased 43 percent year-to-date, from March 2018 to March 2019. Additionally, collaboration between the Memphis Police Department and the Federal Bureau of Investigation to process cold-case sexual assault kits resulted in the conviction of a sexual predator in May 2019 who was responsible for kidnapping and raping six women, and attempting to kidnap and rape a seventh, over a period of seven years.
"The U.S. Attorney’s Office for the Western District of Tennessee is proud to participate in the National Public Safety Partnership Initiative here in Memphis and Jackson, Tennessee,” said U.S. Attorney Michael Dunavant. “PSP has allowed us to receive meaningful federal resources of law enforcement training and technical assistance in an innovative framework to enhance data-driven, evidence-based local strategies for violence reduction. The good work of the PSP team stakeholders, including the commitment to targeted enforcement by our federal, state and local law enforcement partners, has resulted in significant reductions in the violent crime rate in key categories, such as business robbery, carjacking and reported gun crimes. We are thankful for all of these resources from the Department of Justice, and we are committed to the continued effective use of these PSP tools to further reduce violent crime in the future."
Other PSP sites have achieved notable successes, as well. For example, New Orleans, Louisiana, ended 2018 with its lowest number of homicides since the early 1970s. In Milwaukee, Wisconsin, homicides declined in 2018 for a third straight year after hitting a peak in 2015.
In addition to local law enforcement and prosecutorial leaders from the participating PSP sites, components in attendance at this year’s symposium include: the Federal Bureau of Investigation; the Office of Community Oriented Policing Services; the Office of Justice Programs; the Office on Violence Against Women; the U.S. Attorneys’ Offices; the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; and the U.S. Marshals Service.
The Justice Department created the National Public Safety Partnership and the Task Force on Crime Reduction and Public Safety in response to President Trump’s Feb. 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. The Department announced the formation of the National Public Safety Partnership initiative in June 2017.
For more information about the PSP sites and the Justice Department’s work to reduce violent crime and enhance public safety, visit https://www.nationalpublicsafetypartnership.org.
Justice Department Files Sexual Harassment Lawsuit Against Worcester Landlord and His EmployeeRead the Press Release
BOSTON – The U.S. Attorney’s Office for the District of Massachusetts and the U.S. Department of Justice’s Civil Rights Division filed a lawsuit today alleging that female tenants of residential rental properties in Worcester were subjected to sexual harassment and retaliation, in violation of the federal Fair Housing Act.
“No one should ever have to choose between housing and sexual harassment,” said U.S. Attorney Andrew E. Lelling. “Sexual harassment is illegal under the Fair Housing Act, and my office is committed to achieving justice and compensation for individuals whose civil rights have been violated. I encourage anyone who has been subjected to sexual harassment by his or her landlord or employee of a landlord to report it to my office.”
“Landlords or their employees who sexually harass tenants will be held accountable under the law by the Department of Justice,” said Assistant Attorney General Eric Dreiband. “Such depraved conduct, targeting some of the most vulnerable in our communities, violates the Fair Housing Act and will not be tolerated. The Civil Rights Division will continue to enforce the law vigorously and work to secure justice for victims of these offenses.”
“Subjecting a person to sexual harassment not only violates the law, it robs that individual of the ability to feel safe and secure in the place they call home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD applauds today’s action and will continue working in partnership with the Justice Department to address this form of discrimination.”
The lawsuit alleges that from at least 2009 through the present, Mohan Prashad and David Besaw sexually harassed female tenants of rental properties owned by Prashad, Savton LLC, and Lanaton LLC. Prashad is the sole agent for Savton LLC and Lanaton LLC. Besaw, a Level 3 registered sex offender in Massachusetts, has been employed by Prashad since at least 2014 to assist with the management and maintenance of his rental properties.
The complaint alleges that Prashad engaged in harassment that included making unwelcome sexual advances and comments; engaging in unwanted sexual touching; offering to grant tangible benefits—such as reducing rent amounts—in exchange for engaging in sexual acts with him; refusing to provide needed maintenance services or taking other adverse housing actions against female tenants who resisted or objected to his unwelcome sexual harassment; intimidating female tenants by monitoring them from outside their apartments or rooms; and, after receiving notice of Besaw’s sexual harassment of female tenants, failing to take any action to prevent Besaw from future sexual harassment. The complaint further alleges that Besaw subjected female tenants to unwelcome sexual contact including groping, sexual assault, and forced touching of their bodies, without consent; exposing his genitals to female tenants; making unwelcome sexual comments and sexual advances toward female tenants; and making intrusive, unannounced visits to female tenants’ units to conduct and further his sexual advances.
The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination.
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: a new joint Task Force with the Department of Housing and Urban Development to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the launch of a national Public Service Announcement.
Individuals who have information about this case can contact the U.S. Attorney’s Office Civil Rights Unit by calling 617-748-3100 and asking for the Civil Rights Intake Specialist, or emailing [email protected]. Victims of sexual harassment related to housing nationwide can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected].
U.S. Attorney Lelling, AAG Dreiband and HUD Assistant Secretary Farías made the announcement today. Assistant U.S. Attorneys Torey B. Cummings and Michelle Leung, of Lelling’s Civil Rights Unit, and Trial Attorney Kinara Flagg of DOJ's Civil Rights Division are handling the matter.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Justice Department Files Lawsuit Against Massachusetts Landlord and Employee Who Subjected Women to Sexual HarassmentRead the Press Release
The Department of Justice today filed a lawsuit in the District of Massachusetts alleging that female tenants of residential rental properties in Worcester were subjected to sexual harassment and retaliation, in violation of the federal Fair Housing Act. This is the 11th lawsuit alleging a pattern or practice of sexual harassment in housing filed since the launch of the Department’s Sexual Harassment in Housing Initiative in late 2017.
“Landlords or their employees who sexually harass tenants will be held accountable under the law by the Department of Justice,” said Assistant Attorney General Eric Dreiband. “Such depraved conduct, targeting some of the most vulnerable in our communities, violates the Fair Housing Act and will not be tolerated. The Civil Rights Division will continue to enforce the law vigorously and work to secure justice for victims of these offenses.”
“No one should ever have to choose between housing and sexual harassment,” said U.S. Attorney Andrew E. Lelling. “Sexual harassment is illegal under the Fair Housing Act, and my office is committed to achieving justice and compensation for individuals whose civil rights have been violated. I encourage anyone who has been subjected to sexual harassment by his or her landlord or employee of a landlord to report it to my office.”
“Subjecting a person to sexual harassment not only violates the law, it robs that individual of the ability to feel safe and secure in the place they call home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD applauds today’s action and will continue working in partnership with the Justice Department to address this form of discrimination.”
The lawsuit alleges that from at least 2009 through the present, Mohan Prashad sexually harassed female tenants of rental properties owned by Prashad, Savton LLC, and Lanaton LLC. Prashad is the sole agent for Savton LLC and Lanaton LLC. The complaint further alleges that David Besaw also harassed and assaulted female tenants. Besaw, a Level 3 registered sex offender in Massachusetts, has been employed by Prashad since at least 2014 to assist with the management and maintenance of his rental properties.
The complaint alleges that Prashad engaged in harassment that included making unwelcome sexual advances and comments; engaging in unwanted sexual touching; offering to grant tangible benefits — such as reducing rent amounts — in exchange for engaging in sexual acts; refusing to provide needed maintenance services or taking other adverse housing actions against female tenants who resisted or objected to his unwelcome sexual harassment; intimidating female tenants by monitoring them from outside their apartments or rooms; and, after receiving notice of Besaw’s sexual harassment of female tenants, failing to take any action to prevent Besaw from future sexual harassment. The complaint further alleges that Besaw subjected female tenants to unwelcome sexual contact including groping, sexual assault, and forced touching of their bodies, without consent; unwanted exposure to female tenants; making unwelcome sexual comments and sexual advances toward female tenants; and making intrusive, unannounced visits to female tenants’ units to conduct and further his sexual advances.
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, a public awareness campaign, including the release of a national Public Service Announcement and a new joint Task Force with HUD to combat sexual harassment in housing.
The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination.
Individuals who have information about this case can contact the U.S. Attorney’s Office Civil Rights Unit by calling 617-748-3100 and asking for the Civil Rights Intake Specialist, or emailing [email protected]. Victims of sexual harassment related to housing nationwide can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected].
Victims of sexual harassment related to housing nationwide can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected].
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
More information about the Justice Department’s Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
Johnstown Sex Offender Sentenced to 20 Years on Child Pornography ConvictionsRead the Press Release
ALBANY, NEW YORK – Charles Guyer, age 60, of Johnstown, New York, was sentenced today to 240 months in prison, for distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and New York State Police Superintendent Keith M. Corlett.
At the time of the offenses, Guyer was a registered sex offender with New York State, having been previously convicted of sexually abusing a child in Montgomery County in 1996.
As part of his guilty plea on May 13, 2019, Guyer admitted to using two laptop computers equipped with peer-to-peer file-sharing software to download and distribute child pornography between December 2017 and April 2018. Guyer has been in federal custody since his arrest on April 24, 2018.
Senior United States District Judge Thomas J. McAvoy also imposed a 20-year term of supervised release, to be served upon completion of Guyer’s prison sentence.
This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Johnson County Man Pleads Guilty to Methamphetamine ChargesRead the Press Release
PIKEVILLE, Ky.- A Johnson County, Kentucky man admitted in federal court Friday that he conspired to distribute over 500 grams of methamphetamine.
Proctor Wayne Pennington, Sr., 65, pled guilty Friday to conspiring to distribute 500 grams of methamphetamine and distribution of methamphetamine, before U.S. District Court Judge Karen K. Caldwell.
Pennington admitted that from October 2018 through April 3, 2019, he conspired with others to distribute methamphetamine. According to the plea agreement, Pennington obtained the methamphetamine from a supplier in Louisville, Kentucky, and then distributed the methamphetamine to others in Johnson County. Law enforcement seized methamphetamine from Pennington on April 3, 2019, and Pennington was indicted in April 2019.
“Methamphetamine is a highly addictive, dangerous drug that is ruining many lives in eastern Kentucky,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our Office, along with our law enforcement partners, remain committed to holding methamphetamine traffickers accountable to the fullest extent of the law.”
According to the plea agreement, Pennington has a previous federal drug felony conviction for conspiring to distribute oxycodone. Because of the prior serious drug felony conviction, Pennington is subject to an enhanced sentence.
“The defendant’s significant drug trafficking undoubtedly contributed to the increased availability of methamphetamine in the region,” said U.S. Attorney Duncan. “The defendant’s prior conviction for drug trafficking makes his conduct in this case even more serious. As a prior convicted drug trafficker, he is likely facing a more severe sentence for his crimes.”
U.S. Attorney Duncan, Dan Dodds, Acting Special Agent in Charge, DEA Louisville Field Division, and Doug Saylor, Johnson County Sheriff, jointly announced the guilty plea.
The investigation was conducted by Drug Enforcement Administration and the Johnson County Sheriff’s Office. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Andrew H. Trimble.
Pennington is scheduled to be sentenced on December 16, 2019. He faces a minimum of 15 years in prison, with a maximum of Life, as well as a maximum fine of $20 million. However, any sentence will be imposed by the Court, after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
— END —
Indiana Man Sentenced for Drug TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Valparaiso, Indiana, man convicted of Possession with Intent to Distribute Marijuana was sentenced on September 9, 2019, by U.S. District Judge Roberto A. Lange.
Brendan Lee, age 25, was sentenced to 60 months in federal prison, followed by 3 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and a $1,000 fine.
Lee was indicted by a federal grand jury on March 5, 2019. He pled guilty on June 17, 2019.
The conviction stemmed from an incident on February 21, 2019, where Lee, and co-defendant Sarah Worthman, were stopped by law enforcement for speeding on the Cheyenne River Sioux Indian Reservation while driving a U-Haul truck. The traffic stop uncovered approximately 150 pounds of marijuana hidden in couches in the cargo hold. Lee had purchased the marijuana in California and was planning to distribute it in and around Chicago, Illinois.
Worthman previously pled guilty to Conspiracy to Distribute Marijuana and is awaiting sentencing on November 4, 2019.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Lee was immediately turned over to the custody of the U.S. Marshals Service.
Illegal U-Turn Leads to Discovery of Gun and Drug PremisesRead the Press Release
NEWPORT NEWS, Va. – A Newport News woman pleaded guilty today to possessing a firearm while distributing crack cocaine.
According to court documents, Dynetta R. Littlejohn, 30, was at home in August 2018, when law enforcement lawfully searched her residence and seized several narcotics to include MDMA, promethazine, marijuana, heroin, cocaine, and cocaine base. Police also seized two digital scales, $1,225 in U.S. currency, glassine bags and other drug packaging material, narcotics cutting agents, and other tools of the drug trafficking trade, such as a loaded Ruger P90 .45 caliber semi-automatic handgun and additional ammunition. Littlejohn told officers that the items seized belonged to her. The search of the residence sprung from Littlejohn’s cohabitant making an illegal U-turn mere hours earlier in a vehicle also filled with drugs, a gun, and $3,091 in U.S. currency.
Littlejohn pleaded guilty to possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime and faces a mandatory minimum of five years and a maximum of life in prison when sentenced on December 13. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after Senior U.S. District Judge Rebecca Beach Smith accepted the plea. Assistant U.S. Attorney Peter G. Osyf is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-53.
Illegal Alien Arrested with Enough Fentanyl to Kill 500,000 People Sentenced to over Six Years in Federal Prison for Heroin TraffickingRead the Press Release
Gulfport, Miss. – Pablo Vega-Ontanon, 53, an illegal alien from Mexico who was living in Georgia, was sentenced today by U.S. District Judge Sul Ozerden to 74 months in federal prison, followed by five years of supervised release, for possession with intent to distribute heroin, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans.
On November 6, 2018, Vega-Ontanon and two co-defendants arrived in Gulfport to sell heroin to a confidential informant. They claimed to have ten kilograms of heroin hidden in a compartment of their vehicle. All three were arrested shortly thereafter. The substance was eventually tested and found to contain nine kilograms of heroin and one kilogram of fentanyl.
One kilogram of fentanyl can produce half a million fatal doses.
Vega-Ontanon was indicted on November 27, 2018 along with co-defendants Eder Ortega- Casarrubias and Eric Estudillo-Carrazco.
Co-defendant Eder Ortega-Cassarubias pled guilty and was sentenced on June 26, 2019, by Judge Ozerden, to 127 months in prison followed by five years of supervised release.
Co-defendant Estudillo-Carrazco pled guilty on August 28, 2019, and will be sentenced by Judge Ozerden on November 27, 2019. He faces a maximum penalty of life in prison and a $10,000,000 fine.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie.
Huntington Woman Sentenced for Bank FraudRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman was sentenced on three counts of bank fraud, announced United States Attorney Mike Stuart. Kimberly Dawn Price, also known as Kimberly Dawn Swann, age 60, was sentenced to 33 months in prison.
“It’s simple. Price was a thief who stole from an employer that implicitly trusted her,” said United States Attorney Mike Stuart. “And know she’s being held accountable.”
Price was employed as a staff accountant with a local accounting firm. Between 2009 and 2015, in the course of her employment, Price wrote and forged signatures on checks on at least three accounts belonging to the firm’s clients without authorization. Price deposited checks into her own bank account and used the money to pay gambling debts, as well as other expenditures.
The Federal Bureau of Investigation and the West Virginia State Police conducted the investigation. Assistant United States Attorney Greg McVey handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence. hearing.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huber Heights Man Indicted for Fleeing Prior to Serving Prison SentenceRead the Press Release
CINCINNATI – A federal grand jury has charged a Huber Heights man for failing to appear with the Bureau of Prisons to begin his 30-month prison sentence for beating a man he believed to be Jewish outside of a Cincinnati restaurant in February 2017.
Izmir Koch, 34, was sentenced in July and ordered by the court to self-surrender at a federal correctional institute on August 16.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Todd A. Wickerham, Special Agent in Charge, FBI Cincinnati Division announced the new charge.
According to the indictment, Koch had been released while awaiting surrender for service of sentence, and directed by the Court to surrender to the custody of the Bureau of Prisons at the Federal Correctional Institute Gilmer in the Northern District of West Virginia. It is alleged that Koch knowingly and willfully failed to self-surrender.
Koch was convicted after a trial in December 2018 of one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act and one count of making a false statement to the FBI.
In February 2017, the Defendant and his companions were heard yelling “I want to kill all of the Jews” and “I want to stab the Jews” outside a Cincinnati restaurant. The victim represented to Koch that he was Jewish, after which Koch began punching and kicking him. A number of other people joined in the assault. The victim was left with a broken facial bone and bruised ribs. The victim was not in fact Jewish, but was with friends and family members who were.
Koch faces an additional prison sentence of up to five years for failing to appear.
Koch’s initial prosecution was investigated by the Cincinnati Division of the FBI and prosecuted by Assistant United States Attorney Megan Gaffney and Special Assistant U.S. Attorney Kelly Rossi of the Southern District of Ohio, and Trial Attorney Dana Mulhauser of the Civil Rights Division of the Department of Justice. SAUSA Rossi and Trial Attorney Mulhauser are also handling Koch’s new charge.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
If you have any information on Koch’s whereabouts, please contact the FBI at (513) 421-4310.
# # #
Hartford Man Sentenced to 15 Years in Federal Prison for Sex Trafficking Minors, Child Pornography OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTOPHER HAMLETT, also known as “Cadi” and “Cadillac Black,” 26, of Hartford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 180 months of imprisonment, followed by five years of supervised release, for multiple offenses related to the sex trafficking of minors.
According to the evidence presented during his trial, between August and November 2017, Hamlett recruited and enticed two minor female victims to engage in prostitution at hotels in Hartford and Wethersfield. In order to solicit clients for the minors, Hamlett took sexually explicit photographs of each minor and submitted them to the website Backpage.
Hamlett began to recruit a 17-year-old minor into prostitution during their first meeting. He agreed that the minor victim could keep 60 percent of the money she made from prostitution customers, and he would take 40 percent. The minor victim saw customers for approximately three months. The evidence at trial included text messages in which Hamlett told the minor victim how much to charge, and threatened the victim when he thought she had not given him his full share of the money.
The trial evidence also showed that Hamlett facilitated the prostitution of a second minor victim who was then 16 years old, using Facebook Messenger to send her clients and explain particular sexual acts.
Hamlett also posted Backpage advertisements for an adult woman who worked for him in prostitution.
Hamlett has been detained since his arrest on February 8, 2018. On October 16, 2018, a jury found him guilty of two counts of sex trafficking of a minor, five counts of using a facility of interstate commerce to promote commercial sex, and two counts of production of child pornography.
This matter was investigated by the Hartford Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorneys Nancy V. Gifford and Sarala V. Nagala.
Guilderland Man Indicted for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – Blake Spears, age 38, of Westmere, Town of Guilderland, New York, was indicted on August 29 on charges of sexual exploiting a child, and child pornography distribution and possession.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The indictment alleges that Spears sexually exploited a child on December 1, 2018, distributed child pornography on December 26, 2018, and possessed child pornography on February 15, 2019.
A previously filed criminal complaint alleges that Spears used the Kik phone messaging application to distribute child pornography in December 2018. On February 15, 2019, FBI agents found child pornography on both a USB drive in Spears’s residence and on Spears’s cell phone.
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Spears, who has been in custody since February 15, 2019, faces at least 15 years in prison if convicted of all charges, as well as a term of post-release supervision of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Guatemalan Man Who Possessed a Fraudulent Social Security Card Sentenced to PrisonRead the Press Release
A Guatemalan man who possessed a false identification document in the name of a U.S. Citizen was sentenced today to more than one year in federal prison.
Andres Tzunux-Ordonez, age 22, a citizen of Guatemala illegally present in the United States and living in Postville, Iowa, received the prison term after a June 27, 2019, guilty plea to one count of unlawful possession of an identification document.
In a plea agreement, Tzunux-Ordonez admitted that in February 2013, using the name of a U.S. citizen, he used a fraudulent social security card and a State of Missouri identification card bearing his photograph when completing paperwork to obtain employment in Postville, Iowa. Tzunux-Ordonez also used the social security number on the card when applying for insurance in December 2017. The social security number belonged to the U.S. citizen whose name Tzunux-Ordonez used to work.
On March 11, 2019, defendant was arrested at his place of work and admitted that he knowingly used the identity of a U.S. citizen to work in Iowa. Tzunux-Ordonez turned over to immigration officials a Texas birth certificate and the social security card and State of Missouri identification card he used to obtain work in Postville.
Tzunux-Ordonez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Tzunux-Ordonez was sentenced to one year and one day imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Tzunux-Ordonez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1008.
Follow us on Twitter @USAO_NDIA.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assault by Striking, Beating, and Wounding, was sentenced on September 9, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Jacey Estes, age 25, was sentenced to time served, equal to approximately 3 months, in custody, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Estes was indicted by a federal grand jury on March 12, 2019. He pled guilty on July 22, 2019.
The conviction stemmed from an incident on November 3, 2018, when Estes was drinking and socializing at a residence with a group of individuals, including the victim. The group then later went for a drive and at one point, Estes and the victim got into an argument. They stopped the vehicle, Estes and the victim got out of the vehicle, and Estes struck and beat the victim’s head and face causing facial fractures.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Estes was released following the sentencing hearing.
Former Virginia Tech Professor Sentenced for Grant Fraud, False Statements, ObstructionRead the Press Release
Roanoke, VIRGINIA – Yiheng Percival Zhang, a former Virginia Tech professor studying artificial sweeteners, was sentenced last week in U.S. District Court to time served, which included incarceration for approximately three months, and home incarceration for approximately two years, First Assistant United States Attorney Daniel P. Bubar announced today. Zhang was convicted of committing federal grant fraud, making false statements and obstruction by falsification following a bench trial in September 2018.
Zhang, 47, of Blacksburg, Va., was found guilty of one count of conspiracy to defraud the United States, three counts of making false statements, and one count of obstruction by falsification.
“The government has an obligation to ensure that the limited funds from these important programs are being used for legitimate research projects that enhance innovation and technological advancement,” First Assistant United States Attorney Bubar said today. “I am proud of the work of the men and women with the National Science Foundation (NSF), Department of Energy, and Federal Bureau of Investigation for conducting a thorough investigation.”
“The Small Business Innovation Research Program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” stated National Science Foundation Inspector General Allison Lerner. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their support in this effort.”
“The Department of Energy, Office of Inspector General works diligently to protect the integrity of the SBIR and STTR programs. These programs are critically important in the generation of scientific breakthroughs and technological innovations. Those who defraud our programs and steal our innovations are a threat to our nation,” said Department of Energy Inspector General Teri L. Donaldson. “We will continue to work with our law enforcement partners to hold all who violate the integrity of our Nation's scientific programs accountable. We appreciate the efforts of the U.S. Attorney's Office and our law enforcement partners on this joint investigation.”
“The FBI is committed to working with our federal, state, and local partners to protect the integrity of funding programs that promote the development of advanced technology and strengthen the U.S. economy,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “We are grateful for the partnership of the United States Attorney’s Office, the Department of Energy Inspector General, the National Science Foundation Inspector General, the Blacksburg Police Department and the Virginia Tech Police Department during this investigation.”
According to evidence presented at trial, Zhang, who at the time of the offenses was a biological systems engineering professor at Virginia Tech, founded Cell-Free Bioinnovations, Inc. (“CFB”), a research firm located in Blacksburg, Virginia. CFB relied exclusively on federal grants for funding its research activities. Zhang began working as a paid researcher for the Tianjin Institute of Industrial Biotechnology, Chinese Academy of Sciences by, at least, 2014. In 2015, Zhang caused fraudulent grant proposals to be submitted to the NSF under the Small Business Innovation Research Program (“SBIR”). Evidence presented at trial indicated grant funds obtained would be used for research Zhang knew had already been done in China. Zhang intended to use the grant funds for other CFB projects rather than for the projects for which the funds were requested. To obstruct the investigation, Zhang submitted falsified timesheets to government investigators.
The investigation of the case was conducted by the National Science Foundation-Office of the Inspector General, Department of Energy-Office of the Inspector General, and the Federal Bureau of Investigation, and with the assistance of the Blacksburg Police Department, and the Federal Bureau of Investigation, with the assistance of the Blacksburg Police Department and the Virginia Tech Police Department. Assistant United States Attorneys Kate Rumsey and Randy Ramseyer, and former Assistant United States Attorney Steve Pfleger prosecuted the case for the United States.
Former Southwest Florida Real Estate Broker Sentenced to More Than Five Years for Fraud SchemeRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele today sentenced Aaron Eyerman (38, Cape Coral), a former southwest Florida real estate broker to 5 years and 10 months in federal prison wire fraud, money laundering, and false oath in relation to a bankruptcy proceeding. As part of his sentence, the court also entered a money judgment of $562,407.38, the proceeds of the charged criminal conduct.
Eyerman was found guilty by a jury on June 4, 2019.
According to the evidence presented at trial, Eyerman met the victim, a retired schoolteacher from Pennsylvania, working in the real estate industry. In 2015, Eyerman made false statements to the victim and convinced her to invest $300,000 in a real estate venture. Specifically, Eyerman indicated they would “flip” houses; that is, buy, rehab, and re-sell properties. Instead of using the money for that purpose, Eyerman gambled away a large portion of the money at casinos and, over a matter of seven weeks, spent the remainder on personal luxury goods, including a custom Porsche 911, a $12,700 Rolex watch, and a $50,000 down payment on his personal luxury waterfront residence in Cape Coral.
Without telling the victim that he had already spent all of her initial investment, Eyerman went back to her in August 2015, seeking seek more money. This time, Eyerman lied about a second business opportunity – a purported new home construction company. Eyerman convinced the victim to provide him with another $261,000, which he immediately spent for personal use, including gambling most of it away at the Seminole Indian Casino in Immokalee. In total, Eyerman defrauded the victim of $561,000.
After the victim sued to get her money back, Eyerman declared bankruptcy to avoid his debt, and lied under oath about how he had spent the money.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorneys Charles Schmitz and Kyle Cohen.
Former Prison Guard and Mother of Inmate Plead Guilty to Drug Trafficking OffensesRead the Press Release
CHARLESTON, W.Va. – A former Huttonsville Correctional Center guard and the mother of Huttonsville inmate pled guilty to drug trafficking offenses, announced United States Attorney Mike Stuart. Mark Steven Taylor, 40, of Richwood, pled guilty to possession with intent to distribute methamphetamine and heroin. Pamela Gail Adkins, 44, of Oak Hill, pled guilty to distribution of methamphetamine and heroin.
“An officer of the law gone bad. The actions of both Taylor and Adkins are incomprehensible,” said United States Attorney Mike Stuart. “A corrections officer, who is supposed to uphold the law, takes money to act as a drug courier and a mother who is trying her best to distribute meth and heroin to her incarcerated son. Unbelievable. Despicable. And just plain wrong. We’re working hard with federal, state and local law enforcement to stop the flow of drugs into correctional facilities.”
Taylor admitted on February 26, 2019, while employed as a Corrections Officer at the Huttonsville Correctional Center, Adkins gave him quantities of methamphetamine and heroin to smuggle into the prison. He further admitted that she paid him $500, and that he had smuggled drugs into Huttonsville on one prior occasion. Adkins admitted giving Taylor the drugs and paying him to smuggle them into the prison where her son was incarcerated.
After being alerted to the scheme by Huttonsville Correctional Center Investigators, members of the Central West Virginia Drug Task Force arrested Adkins and Taylor at set up surveillance in Craigsville where they observed Adkins give Taylor the package containing methamphetamine and heroin.
Both Adkins and Taylor face up to 20 years in prison when sentenced on January 13, 2020.
The Huttonsville Correctional Center and the Central West Virginia Drug Task Force conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Former Portland Resident Sentenced to 270 Years in Federal Prison for Sexually Exploiting Children while BabysittingRead the Press Release
PORTLAND, Ore.—After years of contentious litigation and attempts to obstruct justice, Andrew Franklin Kowalczyk, 44, formerly of Portland, was sentenced today to 270 years in federal prison followed by a life term of supervised release for the repeated sexual abuse, exploitation and torture of three young children.
On December 6, 2018, after a four-day trial and deliberating for just 20 minutes, a federal jury in Portland convicted Kowalczyk on nine counts of producing child pornography.
“Andrew Kowalczyk’s abuse and torture of his victims was unthinkable and will forever impact their lives,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “Kowalczyk tried every conceivable tactic to delay prosecution and rob his young victims of the justice they deserve. Today his attempts to delay punishment for his horrific crimes have ended.”
“First and foremost, I commend the victims and their families for the strength they exuded while cooperating with a very difficult investigation,” said Brad Bench, Special Agent in Charge of HSI Seattle. “Individuals like Kowalczyk, who prey on those they are charged to care for, are extremely dangerous to our children and the community. HSI, along with our law enforcement partners, are committed to bringing these appalling crimes to an end.”
“One victim in this case asked Kowalczyk “why” he committed these horrible acts of violence. We can finally say to this now-young woman that Kowalczyk will never be able to hurt a child again. The bravery, resolve and strength this young woman demonstrated throughout this investigation is a big reason why,” said Renn Cannon, Special Agent in Charge of the FBI in Oregon.
According to court documents and information shared during trial, law enforcement first learned of Kowalczyk’s abuse in early 2008. On December 27, 2007, a Des Moines, Washington police officer stopped Kowalczyk for several traffic violations. Kowalczyk did not own the vehicle he was driving, did not have a driver’s license and gave the officer a false name. After refusing the officer’s request to step out of the vehicle, Kowalczyk fled, leading police on a high-speed chase that was later terminated for public safety reasons.
Kowalczyk was later located at the Northwest Motor Inn in Puyallup, Washington. A records check run on the alias used by Kowalczyk to book his hotel room returned an outstanding arrest warrant for failing to appear in an unlawful use of a weapon case in Washington County, Oregon. Kowalczyk was arrested early the next morning when attempting to leave the hotel in a cab. Officers seized Kowalczyk’s personal belongings including several pieces of luggage and a backpack.
In January 2008, Puyallup police detectives sought and obtained a state warrant to search computer equipment, a digital camera and digital storage devices found in Kowalczyk’s luggage. The search returned a tremendous amount of child pornography including a number of images and videos that appeared to be homemade. Numerous videos and images depicted an unidentified male sexually abusing two very young children. Metadata embedded in many of the digital images revealed that they were created using the same camera found in Kowalczyk’s luggage.
Puyallup Police officers later published certain non-pornographic images of the victims and an adult woman found on Kowalczyk’s devices in an attempt to identify the victims. An adult woman, later identified as the victims’ mother, saw the images and contacted Puyallup Police. She confirmed she knew Kowalczyk and that he had regular access to her daughters in Portland. After reviewing some of the images seized, the victims’ mother was able to identify locations where the images were taken.
The victims’ mother told investigators she met Kowalczyk, a friend of her deceased brother, in 2003. In 2005, after the victims’ mother and her children wound up in a domestic violence shelter, Kowalczyk offered to pay for them to stay in a motel. Between April and the beginning of June 2005, Kowalczyk arranged for the victims’ mother and her children to stay with or adjacent to him in three different Portland motels. Kowalczyk and the victims’ mother later rented separate apartments.
The victims’ mother frequently left her children alone in Kowalczyk’s care while she searched for work or housing. The victims’ mother believed Kowalczyk treated the victims well, buying them clothing, diapers, shoes, and even a birthday cake for their second birthday and was unaware of the abuse that transpired. The cake—with the victims’ names on it—appeared in some of the non-pornographic images found on Kowalczyk’s devices.
Investigators were later able to track down the Portland motel rooms Kowalczyk rented for the family. Kowalczyk took photos of himself sexually abusing two of the minor victims at each location. He took sexually explicit photos of the third minor victim at his apartment in Southeast Portland. In March 2008, investigators conducted a federal search warrant of a storage locker Kowalczyk rented in Woodlawn, Washington. They found a sofa, a mirror and several shirts depicted in the pornographic images found on Kowalczyk’s devices.
A federal grand jury charged Kowalczyk with a single count of sexual exploitation of children on February 2, 2008. A superseding indictment with eight additional counts of sexual exploitation of children was returned on March 21, 2012.
Since he was first indicted in February 2008, Kowalczyk sought the replacement of counsel more than a dozen times and filed extensive motions to suppress evidence, causing a decade-long delay in bringing the case to trial. Amidst his in-court attempts to delay, Kowalczyk also obstructed or attempted to obstruct justice from prison by asking his father to retrieve incriminating hard drives before they could be seized by law enforcement and soliciting the murder of an Assistant U.S. Attorney.
The case was investigated by Homeland Security Investigations (HSI), the FBI, the Portland Police Bureau, and the Puyallup and Des Moines, Washington Police Departments. It was prosecuted by Scott M. Kerin and Gary Y. Sussman, Assistant U.S. Attorneys for the District of Oregon.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Former Pittsburgh Man Pleads Guilty in Conspiracy to Distribute Fentanyl AnalogueRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of conspiracy to distribute and possession with intent to distribute an analogue of fentanyl, United States Attorney Scott W. Brady announced today.
Anthony Lozito, age 40, pleaded guilty to two counts before Senior United States District Court Judge David S. Cercone.
In connection with the guilty plea, the court was advised that from May 2017 to August 2017, Lozito conspired with others to distribute and possess with intent to distribute cyclopropyl fentanyl, an analogue of fentanyl. Lynell Guyton purchased large quantities of fentanyl analogues from overseas purveyors, which he distributed in Western Pennsylvania. On August 9, 2017, law enforcement executed a search warrant at Lozito’s residence on Bond Street. Guyton was found on the first floor along with Lozito and two other individuals. Large amounts of narcotics and packaging paraphernalia were present in the house. A table with powder narcotics was overturned during the initial SWAT entry into the home, causing large amounts of opioids to become airborne. SWAT officers exposed to the airborne narcotics were sent to Mercy for evaluation–everyone was medically cleared and no one was harmed. Law enforcement also executed a search warrant on Lakewood Avenue and found another individual and opioids at the residence. A total of 235 grams of cyclopropyl fentanyl was recovered from both residences. Lozito admitted to allowing Guyton to use his home to package narcotics in exchange for the anticipated receipt of opioids.
Judge Cercone scheduled sentencing for January 21, 2020. The law provides for a maximum total sentence of not less than five years and up to life in prison, a fine of $5,000,000, 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. Pending sentencing, the court ordered Lozito to remain detained.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The U.S. Immigration and Customs Enforcement’s (ICE)/Homeland Security Investigations (HSI), assisted by the United States Postal Inspection Service, the Pennsylvania State Police and the Pittsburgh Bureau of Police, including the Pittsburgh Police SWAT Team, conducted the investigation leading to the Indictment in this case.
Former Owner of Trailblazers, Inc. Pleads Guilty to Bankruptcy FraudRead the Press Release
LEXINGTON, Ky. – Barry E. Sanders,63, the former owner and CEO of Trailblazers, Inc., an auto and truck parts supply business formerly located in Lexington, pleaded guilty in U.S. District Court Monday to violating U.S. bankruptcy laws.
Appearing in U.S. District Court, Sanders admitted that while Trailblazers, Inc., was in the process of contemplating bankruptcy in the summer of 2013, he transferred $315,000 from the business to his personal banking accounts using four cashier’s checks. Sanders then knowingly concealed the receipt of those funds, by failing to report the cash transfers on Trailblazers’ corporate bankruptcy filings in August 2013, as was required by law.
“The defendant took advantage of a process designed to aid troubled businesses,” said United States Attorney Robert M. Duncan, Jr. “His conviction demonstrates that the government will not tolerate business owners violating the bankruptcy system for personal gain.”
U. S. Attorney Duncan and James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation, jointly announced the guilty plea by Sanders.
The investigation leading to Sanders’ conviction was conducted by the Federal Bureau of Investigation. The United States was represented by Assistant U.S. Attorneys Erin Roth and Will Moynahan.
Senior U.S. District Court Judge Joseph M. Hood accepted the guilty plea of Sanders and set a sentencing date of December 9, 2019. Sanders faces up to five years in prison and a fine of $250,000. Before imposing a sentence, the Court will take into consideration the U.S. Sentencing Guidelines and federal sentencing statutes.
— END —
Former Montgomery County Sheriff’s Officer Pleads Guilty to Child Pornography OffensesRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Matthew Laver, age 38, of Souderton, in Montgomery County, PA, entered a plea of guilty before United States District Judge Michael Baylson to multiple counts of distribution, receipt, and possession of child pornography.
The defendant was indicted in March 2019 after an investigation into the defendant’s collection of almost 4,000 images and videos depicting the sexual abuse of children that he downloaded and distributed to other users on the internet over approximately ten years. The investigation revealed that Laver trafficked in child pornography that depicted children as young as infants being sexually assaulted and raped, and that he did so during the time that he was employed as a Montgomery County Sheriff’s Officer.
“The harm caused by child exploitation is devastating and long-lasting, which is why we prosecute these cases aggressively,” said First Assistant U.S. Attorney Williams. “In this case, the conduct was particularly egregious because the defendant was a member of a law enforcement organization charged with enforcing the law. We stand ready with our federal and local partners to identify and prosecute all those who would prey upon minor children.”
“Law enforcement officers take an oath to serve and protect, thus our conduct must be beyond reproach ,” said Marlon V. Miller, special agent in charge of HSI Philadelphia. “Homeland Security Investigations special agents worked closely with our law enforcement partners to further prevent this perpetrator from victimizing children by distributing images of sexual assault.”
This case is part of Project Safe Childhood (PSC), a nationwide program bringing together all levels of law enforcement and the communities they serve to reduce sexual crimes against children. The Department of Justice and U.S. Attorney’s Offices work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce sexual crimes against children.
The case was investigated by the Department of Homeland Security and the Abington Police Department, and is being prosecuted by Assistant United States Attorneys Eileen Zelek and Michelle Rotella.
Former Manager of Virginia Beach Tax Service Sentenced to PrisonRead the Press Release
NORFOLK, Va. – A North Carolina woman was sentenced today to nearly five years in prison for her role in a conspiracy to prepare false tax returns for her customers.
According to court documents, Markita D. Simon, 32, of Rocky Mount, was the manager of a now-closed, Virginia Beach-based tax preparation service known as Express Tax Preparation Services. From December 2014 to February 2016, Simon 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 $203,000.
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.
Former Government Official in the Dominican Republic Charged with Conspiring to Import Cocaine into the United States and Money Laundering OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Raymond P. Donovan, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), announced today that the Dominican Republic’s former Consul General to Jamaica, JEREMIAS JIMENEZ CRUZ, and a co-conspirator have been charged in Manhattan federal court with conspiring to import cocaine into the United States and conspiring to launder money. JIMENEZ CRUZ was arrested on September 6 and presented on September 7 before United States Magistrate Judge Sarah Netburn. The second defendant has not yet been arrested. The case has been assigned to United States District Judge Kimba M. Wood.
U.S. Attorney Geoffrey S. Berman said: “Jeremias Jimenez Cruz, the Dominican Republic’s former Consul General to Jamaica, allegedly used his high-level role in Dominican government to traffic large quantities of cocaine into the United States. When senior foreign officials invidiously conduct illegal activity in the United States, this Office and our law enforcement partners will act swiftly and resolutely to bring them to justice.”
DEA Special Agent in Charge Raymond Donovan said: “Greed is the underlying motivation for drug traffickers worldwide. And saving lives is law enforcement’s mission, which leads to investigations like this one; Jeremias Jimenez Cruz is alleged to have used his position and resources to facilitate trafficking cocaine from the Dominican Republic to the United States. This is another example of how DEA and our law enforcement partners are focused on identifying, investigating and dismantling drug trafficking organizations responsible for fueling drug addiction.”
IRS-CI New York Special Agent in Charge Jonathan D. Larsen said: "As alleged, Jimenez Cruz used his high level connections to launder drug proceeds. IRS-CI special agents will continue to work closely with our law enforcement partners globally in following the money to stop the flow of these illicit profits back to the drug trafficking organizations."
According to the allegations in the Indictment[1] and statements made in Court:
JIMENEZ CRUZ is a former high-ranking government official in the Dominican Republic whose positions have included Vice Consul of the Dominican Republic to Germany, Consul General of the Dominican Republic to Jamaica, and president of the National Christian Movement. As alleged, JIMENEZ CRUZ and his co-conspirators used JIMENEZ CRUZ’s position, connections, and private plane to traffic large quantities of cocaine, including for importation to the United States, and to launder drug proceeds.
* * *
JIMENEZ CRUZ, 50, of the Dominican Republic, is charged with two counts: (1) conspiring to import at least five kilograms of cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; and (2) conspiring to commit money laundering, which carries a maximum sentence of 20 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 defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA. The arrest was the result of an investigation by the New York Strike Force, a crime-fighting unit comprised of federal, state, and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force (OCDETF) and the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA).
The Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA and its Special Operations Division, the New York City Police Department, the New York State Police, New York City Sheriff’s Office, Immigration and Customs Enforcement – Homeland Security Investigations, the U. S. Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.
The prosecution is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Adam S. Hobson and Mollie Bracewell are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Former Cape Cod Bookkeeper Indicted on Embezzlement and Federal Tax ChargesRead the Press Release
BOSTON – A Centerville woman was indicted in federal court on five counts of wire fraud and five counts of filing false federal tax returns, stemming from her embezzlement of more than $1 million from a bookkeeping client.
Jessica L. Greenan, 42, of Centerville, formerly an employee of a Cape Cod bookkeeping service, was indicted on wire fraud and false tax return charges related to her embezzlement from a Hyannis client for which she handled bookkeeping and payroll services. It is alleged that beginning in October 2014 and continuing until she was terminated in March 2018, Greenan embezzled $1,135,460. Greenan allegedly wired funds 536 times from the store’s operating bank account to pay her credit cards at Capital One, Citibank, American Express and Bank of America. It is further alleged that Greenan doctored the company bank statements and internal records to make the payments to her credit cards appear as legitimate expenses. Finally, the indictment alleges that Greenan failed to report any of her illegal income to the IRS over the five year duration of the embezzlement scheme, thereby evading payment of more than $ 325,000 in federal taxes.
Each charge of wire fraud carries a maximum sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, restitution and forfeiture. Each charge of filing false tax returns carries a maximum sentence of three years in prison, one year 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.
U.S. Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Victor A. Wild of Lelling’s Securities and Financial Frauds Unit prosecuted the case.
Florida Resident Pleads Guilty to Mail Theft Related to Fraud Scheme Targeting Financial InstitutionsRead the Press Release
PITTSBURGH - A resident of Pembroke Pines, Florida pleaded guilty in federal court to a charge of theft of mail, United States Attorney Scott W. Brady announced today.
Cassio Orville Donald Slowden, age 27, pleaded guilty to one count before United States District Judge Arthur Schwab.
In connection with the guilty plea, the court was advised that in February 2019, Citizens Bank replacement debit cards and PIN reminders were fraudulently ordered for several customers in McMurray, Pennsylvania. On the afternoon of February 11, U.S. mail was delivered to the mailbox of one of the residences in McMurray. Shortly after, Slowden removed several pieces of mail from the mailbox and drove away from the residence. Slowden’s vehicle was stopped by law enforcement, and a search of the vehicle recovered stolen mail, including the Citizens Bank replacement debit card and PIN reminder taken from the mailbox of the McMurray residence.
The Court was further advised that Citizens Bank, Bank of America, and other financial institutions were victims of an ongoing multistate fraud scheme. The scheme involved one or more callers contacting banks and impersonating customers. The caller would order replacement debit cards and debit card PIN reminders to the customer’s address on file. The suspects would intercept the cards and use them to make fraudulent ATM withdrawals. Slowden is connected to at least $116,277.19 in losses related to fraudulent withdrawals from accounts of at least 12 Citizens Bank and Bank of America customers.
Judge Schwab scheduled sentencing for January 28, 2020. The law provides for a maximum total sentence of up to five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The U.S. Postal Inspection Service and U.S. Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
Five-Time Felon Found Guilty for Illegal Possession of Firearm in Connection with December 2016 GunfightRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Antoni Peralta, 33, of Anchorage, was found guilty on Friday, Sept. 6, 2019, after a three-day federal jury trial. The jury found Peralta guilty of being a felon in possession of a firearm and associated ammunition in connection with the December 2016 gunfight on Donna Road in Anchorage.
According to evidence presented at trial, on the evening of Dec. 16, 2016, Peralta had a confrontation with a man in an Anchorage bar. Peralta then got into his vehicle and left the bar, turning onto Donna Road, out of suspicion that the man had followed him. He saw a black SUV and a white SUV, and gunshots rang out down the residential street. Peralta reached for his Smith & Wesson .40 caliber pistol and Federal .40 caliber ammunition and shot at the SUVs. Peralta, injured by gunfire, crawled from his vehicle to the steps of a nearby home while the SUVs left the area.
Law enforcement officers arrived to investigate the shooting and approached Peralta who was still at the steps of a nearby home. He required medical treatment and was hospitalized. During a search of Peralta’s bullet-riddled vehicle, police found a pistol with a live round and a magazine with additional ammunition.
Peralta has five prior convictions within the state of Alaska for crimes including robbery, vehicle theft, felon in possession of a firearm, and failure to stop at the direction of a police officer. As someone previously convicted of a felony offense, Peralta was prohibited from possessing firearms or ammunition.
As part of his 2005 robbery conviction, Peralta was involved in a Dimond Center mall shooting that led to the death of another individual. Specifically, in efforts to avoid police contact after the shooting, Peralta hid out in a home in Wasilla for days. After law enforcement officers found the hideout, Peralta and eight other people fled the home and packed into an SUV. Law enforcement officers persuaded the driver to stop the vehicle. As the driver opened the driver’s side door, Peralta pushed the driver out of the car and jumped into the driver’s seat. Peralta led law enforcement on a 90-mile-per-hour chase for 21 miles. After law enforcement officers deployed spike strips, Peralta drove the SUV until the tires shredded from the rims and finally stopped. Alaska State Troopers found Peralta in the driver’s seat and six additional passengers inside, including one infant.
As a result of Peralta’s most recent federal conviction, he faces a maximum penalty of up to 10 years in federal prison and a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Anchorage Police Department (APD), the Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), and the Federal Bureau of Investigation (FBI) conducted the investigation, with assistance from the Alaska Scientific Crime Detection Laboratory, leading to the successful prosecution of this case. This case is being prosecuted by Assistant U.S. Attorneys Karen Vandergaw and Allison O’Leary.
Five Green Bay Residents Sentenced to Prison for Conspiracy to Distribute Methamphetamine and Gun PossessionRead the Press Release
United States Attorney Matthew D. Krueger has announced that the following individuals (all of Green Bay) recently were sentenced by the Honorable Chief Judge William C. Griesbach following their guilty pleas to the charge of conspiracy to distribute 50 grams or more of methamphetamine:
Name
Age
Sentence
Konkapot Betz
26
12 years’ prison, followed by 5 years of supervised release
John Otto
36
10 years’ prison, followed by 5 years of supervised release
Alex Pociopa
27
64 months’ prison, followed by 8 years of supervised release
Cole Rittenhouse
25
10 years’ prison, followed by 5 years of supervised release
Mariah Becker
26
5 years’ prison, followed by 5 years of supervised release
The sentences for Betz and Otto also were based in part on their possession of firearms. According to plea agreements and other court documents, on November 10, 2018, Ashwaubenon Public Safety responded to an apartment to serve arrest warrants on Pociopa and Becker. Both fled into the apartment. When law enforcement made entry, Rittenhouse and Betz were found hiding in a bedroom in the apartment. A search of the bedroom revealed two handguns, $1,178 in U.S. currency, two digital scales, and a baggie containing 426 gabapentin pills. Elsewhere in the apartment, law enforcement found a total of 60 grams of methamphetamine.
The Brown County Drug Task Force reviewed calls and text messages found on Betz’s phone. Those messages confirmed that Betz sold methamphetamine and heroin to Pociopa, Becker, Rittenhouse, and others. The messages also identified John Otto as Betz’s supplier.
This case was investigated by the Brown County Drug Task Force and Ashwaubenon Public Safety. The case was prosecuted by Assistant United States Attorney William Roach.
# # # #
Federal inmate Gets 18 More Years for Bogus Involuntary Bankruptcy Petitions Filed Against Warden, Prison OfficerRead the Press Release
The prison sentence for one inmate at the U.S. Penitentiary in Marion, Illinois, just got a lot
longer. Kurt F. Johnson, 56, who was due to be released in 2028, was sentenced earlier today to
serve an additional 216 months behind bars for filing fictitious, involuntary bankruptcy petitions
against federal prison officials. Johnson was convicted of the charges after a three-day jury trial
in Benton, Illinois, last year.The evidence at trial established that, in January 2018, with the assistance of persons outside the
prison, Johnson succeeded in filing false involuntary bankruptcy petitions against the prison
warden and an officer at the prison. The bogus petitions alleged that each victim was indebted to
Johnson in the amount of $20 billion, owing to a judgment Johnson claimed to have obtained from the
International Court of Justice (also known as the World Court). As part of the scheme, Johnson
purportedly canceled $1 billion of the supposed debt and then filed forms with the Internal Revenue
Service showing the canceled debt as unreported income for his victims.The mere filing of the fictitious claims resulted in both victims receiving solicitation letters
from credit counseling services and loan companies based upon their supposed bankruptcy. Once the
fraud was discovered, the United States quickly moved to seal the proceedings to prevent further
damage to the victims’ reputations.At trial, the United States presented evidence that Johnson has a history and pattern of harassing
judges, court personnel, and Bureau of Prisons employees through the filing of fictitious claims.
Johnson eschewed appointed counsel and represented himself at the trial, testifying in his own
defense that he genuinely believed the World Court had awarded him a default judgment for
$20 billion on account of his placement in the prison’s Communications Management Unit. The jury
deliberated for approximately 40 minutes before returning guilty verdicts on all four counts.“Kurt Johnson broke the law trying to harm those who enforce it,” U.S. Attorney Steven
D. Weinhoeft said. “His sentence sends an unmistakable message to all criminals who would lash out
against the men and women who work within the justice system: you will be prosecuted to the fullest
extent of the law.”
Johnson’s sentence also includes a three-year term of supervised release.Johnson won’t begin serving his 18-year sentence until he finishes serving the last decade of a
300-month sentence he previously received for an unrelated fraud conviction in the Northern
District of California. His underlying crime involved a nationwide debt elimination scheme that
raked in over $6 million.“I am grateful to U.S. Attorney Weinhoeft and our law enforcement partners who serve on the
Southern District of Illinois Bankruptcy Fraud Working Group for their strong commitment to
combating fraud and abuse in bankruptcy cases, as evidenced by this prosecution,” stated Nancy J.
Gargula, U.S. Trustee for Southern and Central Illinois and Indiana (Region 10). The U.S. Trustee
Program is the component of the Justice Department that protects the integrity of the bankruptcy
system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10
is headquartered in Indianapolis, with additional offices in South Bend, Indiana, and Peoria,
Illinois.The case was investigated by the FBI, with substantial assistance from the Federal Bureau of
Prisons. Assistant U.S. Attorneys Michael J. Quinley and William E. Coonan prosecuted the
case.
Federal Jury Convicts Two for Multiple Violent CrimesRead the Press Release
McALLEN, Texas – Two men face up to life in prison following their convictions of drug crimes, carjacking, robbery and firearms offenses, announced U.S. Attorney Ryan K. Patrick. The McAllen jury deliberated for five hours before convicting Mexican citizen Marin Macrin Cerda aka Filtro, 33, and Jose Miguel Montemayor aka aEl Mickey, 29, of Mission, late Friday. Sept. 6, 2019, following a seven-day trial.
Both were convicted of conspiracy to possess with intent to distribute more than five kilograms of cocaine, conspiracy to possess a firearm in furtherance of a drug trafficking offense and a crime of violence, two counts of carjacking, four counts of Hobbs Act robberies, two counts of brandishing a firearm in furtherance of a crime of violence and/or a drug trafficking offense and three counts of discharging a firearm in furtherance of a crime of violence and/or a drug trafficking offense. Cerda was also convicted of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana, an additional count of carjacking, an additional count of Hobbs Act robbery, two additional counts of brandishing a firearm in furtherance of a crime of violence or drug trafficking offense and one additional count of discharging a firearm in furtherance of a drug trafficking offense or crime of violence in relation to events he participated in without Montemayor.
The investigation began after discovering a local rip crew was responsible for multiple carjackings and home invasions in Hidalgo County in order to steal controlled substances or drug proceeds.
Testimony revealed Cerda and other crew members utilized law enforcement officials to further their drug trafficking activities. Two of those included former Donna Independent School District police Officer Juan F. Mata, 40, of Donna, and former Hidalgo County Court at Law No. 6 bailiff Oscar De La Cruz, 53, of Pharr. Jurors heard Mata conducted fraudulent traffic stops in order to allow members of the organization to steal cocaine hidden in load vehicles. De La Cruz produced fictitious court paperwork or queried sensitive law enforcement and judicial databases the organization would provide to sources of supply in order to retain and steal controlled substances in their possession.
During trial, the jury heard about multiple crimes involving Cerda, Montemayor or both between 2016-2017.
Three of those crimes were carjackings in McAllen and Pharr involving both men in an attempt to steal cocaine. In the second and third instances, rip crew members discharged firearms at the vehicles in order to obtain the controlled substances.
Testimony further revealed Cerda and Montemayor were involved in an attempted robbery which resulted in a shoot-out in a McAllen neighborhood. Another crime involved a home invasion, during which the criminals entered the wrong residence seeking drugs and terrorizing a family, including a female who was eight months pregnant.
Cerda and Montemayor also served as scouts for a drug transaction involving more than 20 kilograms of cocaine Feb. 1, 2017, in McAllen.
Jurors heard that rip crew continued their activities when they also attempted to rob multiple kilograms of cocaine from a vehicle traveling through Mission and McAllen Feb. 27, 2017. Cerda and Montemayor discharged firearms at the targeted load vehicle in an attempt to steal the cocaine. Testimony revealed a bullet struck an occupant of the vehicle and required significant medical attention.
Cerda was further involved in the carjacking of a tractor trailer in rural Mission July 7, 2016, and a car chase and shootout Jan. 6, 2017. In the first instance, the rip crew threatened a family, including several juveniles, in order to steal a tractor trailer believed to conceal drug proceeds. During the car chase incident, the crew discharged firearms and rammed their vehicles into a vehicle before it ultimately crashed.
Jurors also heard testimony relating to a home invasion conducted in Mission April 3, 2017, when rip crew members, including Cerda, entered the residence of a suspected drug trafficker armed with firearms to steal more than $100,000 in drug proceeds.
The jury also heard that casings recovered from three of the crimes were fired from firearms recovered from Cerda’s vehicle.
The defense attempted to convince the jury that althought the crimes had been committed, co-conspirators fabricated Cerda’s and Montemayor’s involvement. They did not believe those claims and convicted both men as charged.
U.S. District Judge Micaela Alvarez presided over the trial and sent sentencing for Dec. 19, 2019. At that time, both men face up to 10 years for conspiracy to possess a firearm, a maximum of 15 years for each of the carjackings and 20 years on each of the robbery counts, a minimum of five and up to 40 years for conspiracy to possess with intent to distribute marijuana as well a minimum of 10 years and up to life in federal prison for the cocaine conspiracy.
In addition, they face a minimum of seven years and up to life for each of the brandishing firearms convictions and a 10-year minimum up to life for each of the discharging a firearms counts. The firearms sentences must be served consecutively to each other and to the other sentences imposed.
All in all, Montemayor faces a minimum of 54 years, while Cerda faces a minimum of 78 years to life in prison. Both face a maximum lifetime term of imprisonment.
They have been and will remain in custody pending their sentencing hearing.
To date, more than 25 co-conspirators have been convicted in connection with the investigation. Mata and De La Cruz also pleaded guilty and have been sentenced to 130 and 60 months, respectively.
The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with assistance from Border Patrol, U.S. Marshals Gulf Coast Regional Fugitive Task Force, Immigration and Custom’s Enforcement’s Homeland Security Investigations, Texas Department of Public Safety’s Highway Patrol and Regional Crime Laboratories, Hidalgo County Sheriff’s Office, Hidalgo County District Attorney’s Office and Police Departments in McAllen, Mission, Pharr and San Juan. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade are prosecuting the case.
East Glacier area man charged with involuntary manslaughter, assault in Glacier National ParkRead the Press Release
Great Falls – A man accused of causing the death of one person and of injuring another while driving in Glacier National Park in June was charged in U.S. District Court today, U.S. Attorney Kurt Alme said.
Leo James Hagan, 19, of East Glacier Park Village, pleaded not guilty to an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury.
The indictment is merely an accusation, and Hagan is presumed innocent until proven guilty.
If convicted, Hagan faces a maximum eight years in prison, a $250,000 fine and three years of supervised release on the manslaughter count, and a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the assault count.
U.S. District Judge Brian M. Morris presided. Hagan was released pending further proceedings. A trial was set for Nov. 4, 2019.
The indictment alleges that Hagan was driving recklessly on June 11, 2019, near Lower Two Medicine Lake in Glacier National Park, when his actions caused the death of one person and seriously injured a second person.
Assistant U.S. Attorney Kalah Paisley is prosecuting the case, which was investigated by the National Park Service, Montana Highway Patrol, Blackfeet Law Enforcement Services and the Glacier County Sheriff’s Office.
Pacer case reference. 19-71.
If the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
XXX
Department of Justice Reminds the Public to be Aware of Fraud When Disaster Strikes and Report it to the National Center for Disaster Fraud - (866) 720-5721Read the Press Release
RALEIGH – The Department of Justice established the National Center for Disaster Fraud (NCDF) in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region, which opened opportunities for criminals to exploit people during vulnerable times. The NCDF, a national coordinating agency within the Department’s Criminal Division, operates a call center at Louisiana State University in Baton Rouge and serves as a centralized clearinghouse for disaster fraud complaints and information relating to both natural and man-made disasters. The NCDF seeks to improve and further the detection, prevention, investigation, and prosecution of fraud related to natural and man-made disasters, and to advocate for victims of such fraud. More than 20 federal, state, and local agencies participate in the NCDF, which allows them to forward complaints to the appropriate agency for investigation.
“In the aftermath of the devastation wrought by Hurricane Dorian the affected communities and citizens of Eastern North Carolina should be on guard against disaster fraud schemes,” said Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina. “As FEMA and other federal, state, and local relief agencies work tirelessly to support those who have suffered losses as the result of this natural disaster, we can be certain that criminals will target those impacted and attempt to profit from the suffering of others. The Department of Justice is committed to detecting and stopping this type of fraud. Through the National Center for Disaster Fraud, and in conjunction with our law enforcement partners, we are working to aggressively prosecute the offenders.”
While compassion, assistance, and solidarity are generally prevalent in the aftermath of natural disasters, unscrupulous individuals and organizations also use these tragic events to take advantage of those in need. Examples of illegal activity being reported to the NCDF and law enforcement include:
- FEMA fraud;
- Identity theft;
- Contractor fraud;
- Charity fraud; and,
- Impersonation of government officials.
The NCDF reminds the public to be aware of and report any instances of alleged fraudulent activity related to relief operations and funding for victims. Members of the public are reminded to apply a critical eye and do their due diligence before trusting anyone purporting to be working on behalf of disaster victims and before giving contributions to anyone soliciting donations on behalf of disaster victims. The public is also reminded to be extremely cautious before providing personal identifying or financial information to anyone, especially those who may contact you after a natural disaster.
Unfortunately, criminals can exploit disasters, such as Hurricane Dorian, for their own gain by sending fraudulent communications through email or social media and by creating phony websites designed to solicit contributions. Tips should be reported to the NCDF at (866) 720-5721. The line is staffed 24 hours a day, seven days a week. Additionally, e-mails can be sent to [email protected], and information can be faxed to (225) 334-4707.
Learn more about the NCDF at www.justice.gov/disaster-fraud and watch a public service announcement from United States Attorney Higdon here. Within the United States Attorney’s Office for the Eastern District of North Carolina, Deputy Criminal Chief Felice Corpening serves as the Disaster Fraud Coordinator. Working with the NCDF and our local, state, and federal law enforcement partners, Deputy Criminal Chief Corpening oversees the federal prosecution and investigation of disaster fraud matters impacting Eastern North Carolina. Violations of North Carolina state disaster fraud laws are handled by the North Carolina Department of Justice’s (NCDOJ) Consumer Protection Division. The NCDOJ Consumer Protection Division may be contacted at 1-877-5-NO-SCAM (1-877-566-7226) or by visiting www.ncdoj.gov/complaint.
Tips for the public on how to avoid being victimized by fraud are available at https://www.justice.gov/opa/pr/tips-avoiding-fraudulent-charitable-contribution-schemes.
Charleston Man Pleads Guilty to Methamphetamine TraffickingRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty to possession with intent to distribute over 50 grams of methamphetamine, announced United States Attorney Mike Stuart. Robert Thomas (also known as Zombie), 33, pled guilty to possession with intent to distribute methamphetamine.
“It’s hard to imagine 989 grams of meth, but that’s what we have in this case. Firearms too,” said United States Attorney Mike Stuart. “I am working with every possible partner and hitting hard at the drug dealers. They need to go. They are not welcome in West Virginia. We’re prosecuting gun-toting meth dealers like Thomas to get them off of our streets. And we’re trying to get them locked up for as long as possible.”
Thomas admitted that his home was searched, pursuant to a search warrant, on January 17, 2017. During the search of his residence, detectives seized what proved to be 989 grams of methamphetamine. Detectives also seized four firearms. Thomas possessed the firearms to protect himself and his drugs and he intended to distribute the methamphetamine to other drug dealers and addicts.
Thomas faces 15 years in prison when he is sentenced on January 13, 2020.
The Special Enforcement Unit (SEU) of the Charleston Police Department, the Bureau of Alcohol, Tobacco and Firearms (ATF) and the Drug Enforcement Administration (DEA) conducted the investigation. Assistant United States Attorney Ryan A. Saunders is handling the prosecution. Senior United States District Judge David A. Faber presided over the hearing.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Capital Caring Pays $3.1 Million to Resolve Medicare Billing ClaimsRead the Press Release
ALEXANDRIA, Va. – Capital Caring, located in Falls Church, has agreed to pay $3.1 million to settle allegations that it caused the government to overpay the organization as a result of billings it submitted to the Medicare Program for hospice services.
Capital Caring provides hospice and palliative care services for patients in the Washington, D.C. metropolitan area. The overpayments were the result of claims Capital Caring submitted to Medicare for hospice services for patients who the government alleged either did not meet the hospice eligibility guidelines for the Medicare Program, Title XVIII of the Social Security Act, or for whom the hospice clinical record information maintained by Capital Caring was insufficient to support Medicare hospice coverage.
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney's Office for the Eastern District of Virginia, the FBI, and the Department of Health and Human Services Office of Inspector General.
The matter was investigated by Assistant U.S. Attorneys Monika Moore and Ilene Albala. The civil claims settled are allegations only; there has been no determination of civil liability.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Caddo Parish mental health counseling firm owner and supervisor indicted for billing nearly $8 million for services not provided, paying kickbacksRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that two Northwest Louisiana residents who owned and ran the Positive Change Counseling Agency LLC were indicted for improperly billing Medicaid for almost $8 million, in addition to paying kickbacks in violation of the law.
The owner and operator of Positive Change, Marty Johnson, 57, of Shreveport, and the company’s supervisor and business manager, Keesha Dinkins, 42, of Bossier City, Louisiana, were charged with one count of conspiracy to commit health care fraud and wire fraud, 47 counts of health care fraud and four counts of wire fraud. Johnson also faces one count of paying a kickback.
According to the indictment, Positive Change billed Medicaid $7,992,347 for psychiatric therapy, transportation, and other related mental health services from January 2014 to December 2018 that were never provided. In order to execute the scheme, Johnson and his employees recruited clients to receive mental health and related services. Johnson then paid some of these clients kickbacks in exchange for enrolling in certain programs. Johnson also obtained Medicaid identification numbers from potential clients and their family members and, without the potential clients’ authorization, billed Medicaid for services that were not rendered.
In billing Medicaid, Johnson and Dinkins: (i) created false documents showing that Positive Change provided services that were not rendered; (ii) falsely listed employees with graduate and advanced educational degrees as service providers in order to trigger a higher rate of payment from Medicaid; and (iii) used false, fabricated and exaggerated mental health diagnoses in order to obtain additional payments from Medicaid.
If convicted, the defendants face up to 20 years in prison for each count of conspiracy, health care fraud and wire fraud. Johnson also faces 10 years in prison for illegal kickbacks. Both defendants also faces up to five years of supervised release, a $250,000 fine, forfeiture and restitution. Arraignment is scheduled for September 10, 2019.
The U.S. Department of Health and Human Services, Office of Inspector General; the FBI; and the Louisiana Attorney General’s Office, Medicaid Fraud Control Unit, conducted the investigation. Assistant U.S. Attorney Earl M. Campbell and Cadesby Cooper are prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.