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Thursday 22 August 2019
Commercial Fisherman Sentenced for Illegally Harvesting and Selling OystersRead the Press Release
NORFOLK, Va. – A Tangier Island man was sentenced today to one year in prison for violating the Lacey Act by harvesting oysters from the Chesapeake Bay in excess of Virginia limits and transporting them to Maryland for sale.
“The oyster is a species integral to both the ecosystem and the economy of Virginia and the greater Chesapeake Bay region,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “In choosing to disregard regulations established with a conscious eye towards preserving a population that has seen significant decline, Parks’ conduct threatened to impact not just the efforts to protect that resource, but also people whose livelihoods are connected to the oyster fishery.”
According to court documents, Gregory Wheatley Parks Jr., 44, was the captain of the fishing vessel Melissa Hope. He was aware of the limits set on oyster harvesting, as well as his obligation to accurately report the quantity of oysters harvested to Virginia Marine Resources Commission (VMRC). On seven separate dates between January 2015 and March 2015, Parks harvested oysters in excess of the Virginia daily catch limit. He transported those oysters to a fish dealer in Maryland, where he sold them. For each of these trips, Parks falsely reported to the VMRC that he had harvested a legal quantity of oysters. Parks pleaded guilty to one count of Trafficking under the Lacey Act, a federal law that prohibits individuals from transporting, selling or buying fish and wildlife harvested illegally.
“The overharvesting of oysters hurts efforts to restore the species’ population after significant decline, harming both the environment and the law-abiding watermen who choose to follow the rules rather than gain an unfair advantage,” said Jeffrey Bossert Clark, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s sentence demonstrates that people who choose to illegally exploit this valuable resource for personal gain will face the criminal law consequences Congress has ordained.”
The oyster (Crassotrea virginica) is a keystone species in the Chesapeake Bay due to its ability to build reefs that serve as a habitat for numerous fish species. Oysters also improve the Bay’s water quality through filtration. Virginia limits the daily harvest of oysters to eight bushels per registered commercial fisherman for the purpose of conserving the state’s oyster resources. It also requires commercial fishermen to submit daily harvest records to the VMRC that report the amount of oysters harvested.
“The U.S. Fish and Wildlife Service Office of Law Enforcement proudly protects our nation's wildlife and wild places for the continuing benefit of the American people,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “Overharvest of aquatic ecosystems is a serious crime that hurts native species, local communities and the economy. By complying with laws that protect wildlife, the American public can help conserve our nation's natural resources for generations to come.”
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jeffrey Bossert Clark, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Edward Grace, Acting Assistant Director of Law Enforcement for the U.S. Fish and Wildlife Service, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Joseph L. Kosky and Trial Attorney Lauren D. Steele of the Justice Department’s Environmental Crimes Section prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-14.
Commercial Fisherman Sentenced for Illegally Harvesting and Selling OystersRead the Press Release
A Virginia man was sentenced to 12 months in prison by Senior U.S. District Judge Henry Coke Morgan Jr., after pleading guilty to federal charges relating to the illegal harvest and sale of oysters from Virginia waters.
According to the indictment and information in the public record, Gregory Wheatley Parks Jr., 44, of Tangier Island, Virginia, was the captain of the fishing vessel Melissa Hope. He was aware of the limits set on oyster harvesting, as well as his obligation to accurately report the quantity of oysters harvested to the Virginia Marine Resources Commission (VMRC). On seven separate dates between Jan. 15, 2015, and March 3, 2015, Parks harvested oysters in excess of the Virginia daily catch limit. He transported those oysters to a fish dealer in Maryland, where he sold them. For each of these trips, Parks falsely reported to the VMRC that he had harvested a legal quantity of oysters. Parks pleaded guilty to one count of Trafficking under the Lacey Act, a federal law that prohibits individuals from transporting, selling or buying fish and wildlife harvested illegally.
The oyster (Crassotrea virginica) is a keystone species in the Chesapeake Bay due to its ability to build reefs that serve as a habitat for numerous fish species. Oysters also improve the Bay’s water quality through filtration. Virginia limits the daily harvest of oysters to eight bushels per registered commercial fisherman for the purpose of conserving the state’s oyster resources. It also requires commercial fishermen to submit daily harvest records to the VMRC that report the amount of oysters harvested.
“The overharvesting of oysters hurts efforts to restore the species’ population after significant decline, harming both the environment and the law-abiding watermen who choose to follow the rules rather than gain an unfair advantage,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “Today’s sentence demonstrates that people who choose to illegally exploit this valuable resource for personal gain will face the criminal law consequences Congress has ordained.”
“The oyster is a species integral to both the ecosystem and the economy of Virginia and the greater Chesapeake Bay region,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “In choosing to disregard regulations established with a conscious eye towards preserving a population that has seen significant decline, Parks’ conduct threatened to impact not just the efforts to protect that resource, but also people whose livelihoods are connected to the oyster fishery.”
“The U.S. Fish and Wildlife Service Office of Law Enforcement proudly protects our nation's wildlife and wild places for the continuing benefit of the American people,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “Overharvest of aquatic ecosystems is a serious crime that hurts native species, local communities and the economy. By complying with laws that protect wildlife, the American public can help conserve our nation's natural resources for generations to come.”
The investigation was conducted by the U.S. Fish and Wildlife Service’s Office of Law Enforcement, with assistance from the Maryland Natural Resources Police and the Virginia Marine Police. This case was prosecuted by Trial Attorney Lauren D. Steele of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Joseph L. Kosky for the Eastern District of Virginia.
Colorado Springs Man Sentenced to Eight Years in Federal Prison for Being a Felon in Possession of a FirearmRead the Press Release
DENVER – United States Attorney Jason Dunn announced that Rodney Paul Gonzales, age 53, of Colorado Springs, Colorado, was sentenced to 96 months in federal prison, followed by 3 years on supervised release for being a felon in possession of a firearm. Gonzales was initially charged by criminal complaint and was subsequently indicted by a federal grand jury on September 11, 2018. He pled guilty before U.S. District Court Senior Judge Robert E. Blackburn on March 20, 2019, and was sentenced yesterday. The defendant appeared at the sentencing hearing in custody and was remanded at its conclusion.
According to the stipulated facts contained in Gonzales’s plea agreement as well as facts presented at sentencing, Colorado Springs Police Department officers encountered the defendant in an apartment complex parking lot after receiving a 911 call from a concerned citizen. When officers arrived, they found the defendant, who was heavily intoxicated, passed out in a vehicle with the driver’s side door open. All of the other doors were locked. The defendant was spread out from the driver’s seat, over the top of the center console, onto the passenger’s seat. Officers could see a handgun lying immediately next to him on the passenger’s seat. The firearm, which had an obliterated serial number, was loaded with four rounds in the magazine and one round in the chamber. Within easy reach of the defendant, in the center console, officers located an additional 10 rounds of ammunition as well as a small amount of suspected crack cocaine and a crack pipe.
The officers removed the firearm from the vehicle without injury to any officer, bystander, or the defendant. The defendant’s prior felony convictions include serious crimes, such as attempted second-degree burglary, second-degree assault, violent crime with the use of a weapon, and felony menacing with a weapon.
“Mr. Gonzales had eleven chances to change his ways and should have never been anywhere near a loaded gun,” said United States Attorney Jason Dunn. “Our ability to get significant prison sentences under the federal Felon in Possession law is a tool that we gladly wield to help our local law enforcement partners get particularly violent or repeat offenders off the streets.”
“This is another example of our successful partnership with the Colorado Springs Police Department,” said Denver ATF Special Agent in Charge David Booth. “We are proud to have worked with the department to keep our communities safe.”
This case was investigated by the ATF with substantial assistance from the Colorado Springs Police Department. The defendant was prosecuted by Assistant U.S. Attorney Emily Treaster.
This case is part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
CASE NUMBER: 18-cr-413
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Chinese National Indicted in Southern District of Mississippi Designated by U.S. Treasury Department as Significant Foreign Narcotics TraffickerRead the Press Release
Jackson, Miss. – U.S. Attorney Mike Hurst announced today that Xiaobing Yan, a Chinese National indicted in the Southern District of Mississippi, has been designated by the U.S. Department of the Treasury as a significant foreign narcotics trafficker pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act).
The Department of the Treasury announced yesterday it is identifying two Chinese nationals and a China-based Drug Trafficking Organization as significant foreign narcotics traffickers pursuant to the Kingpin Act and designated one associate and a China-based entity for being owned or controlled by one of the Chinese nationals.
Xiaobing Yan was indicted in the Southern District of Mississippi on September 7, 2017. He is the first manufacturer and distributor of fentanyl and other opiate substances to be indicted in the history of the United States while being designated as a Consolidated Priority Organization Target (CPOT). CPOT designations are those who have "command and control" elements of the most prolific international drug trafficking and money laundering organizations and are considered by DEA to be some of the most significant drug trafficking threats in the world.
Yan is charged in the Southern District of Mississippi with two counts of conspiracy to manufacture and distribute multiple controlled substances, including fentanyl and fentanyl analogues, and seven counts of manufacturing and distributing the drugs in specific instances. According to the indictment, Yan, a distributor of a multitude of illegal drugs, used different names and company identities over a period of at least six years and operated websites selling acetyl fentanyl and other deadly fentanyl analogues directly to U.S. customers in multiple cities across the country. He also operated at least two chemical plants in China that were capable of producing ton quantities of fentanyl and fentanyl analogues. Yan monitored legislation and law enforcement activities in the United States and China, modifying the chemical structure of the fentanyl analogues he produced to evade prosecution in China. Over the course of the investigation, federal agents identified more than 100 distributors of synthetic opioids involved with Yan’s manufacturing and distribution networks. Federal investigations of the distributors are ongoing in 10 judicial districts, and investigators have traced illegal proceeds of the distribution network. In addition, law enforcement agents intercepted packages mailed from Yan’s Internet pharmaceutical companies, seizing multiple kilograms of suspected acetyl fentanyl, potentially enough for thousands of lethal doses. If convicted, Yan faces a maximum sentence of 20 years in prison, a $1 million fine and three years of supervised release. The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. A defendant is presumed innocent until proven guilty in a court of law.
The White House, through the Office of National Drug Control Policy (ONDCP), unveiled a series of private-sector advisories yesterday to help domestic and foreign businesses better protect themselves and their supply chains from inadvertent fentanyl trafficking, explain how fentanyl traffickers exploit their businesses and their supply chains to move and market deadly drugs, and foster deeper public-private collaboration to curb the production and sale of illicit fentanyl, fentanyl analogues, and other synthetic opioids. To see the announcement from the White House, click HERE.
The ONDCP advisories are focused on four facets of the trafficking of illicit fentanyl, fentanyl analogues, and synthetic opioids destined for the United States: manufacturing, marketing, movement, and money. Links to each of the advisories, along with a summary can be accessed below.
• Manufacturing: Describes the unique characteristics of manufacturing illicit synthetic opioids to assist stakeholders in combating the scourge of fentanyl and other synthetic opioids.
• Marketing: Raises awareness about the marketing and sale of illicit fentanyl via vulnerable and unsuspecting private-sector digital platforms, including social media, e-commerce sites, and online forums.
• Movement: Increases awareness about the entities at each stage of the illicit fentanyl and synthetic opioids supply chain, including information that can help identify and prevent the movement of these deadly drugs into the United States and during domestic distribution.
• Money: Alerts financial institutions to help them detect and report on illicit financial schemes and money laundering mechanisms related to the trafficking of fentanyl, fentanyl analogues, and other synthetic opioids.
To access a one-page summary of the 21st Century Drug Trafficking: Advisories on Fentanyl and Other Synthetic Opioids, click HERE.
To view past press releases from our office relating to Xiaobing Yan, see:
• Justice Department Announces First Ever Indictments Against Designated Chinese Manufacturers of Deadly Fentanyl and Other Opiate Substances, October 17, 2017
• First in the Nation Criminal Indictment of a Chinese National for Manufacturing and Distributing Fentanyl and Other Opiates, October 19, 2017
Chicago Man Who Traveled to Western North Carolina to Engage in A Sexual Activity with A Minor Is Sentenced to 14 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Andrew Murray announced that Anthony Ryan Moore-Powell, 26, of Chicago, Illinois, was sentenced to 14 years in prison, on charges of coercion and enticement of a minor. U.S. District Judge Martin Reidinger also ordered MoorePowell to serve a lifetime of supervised release and to register as a sex offender.
Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Charlotte, and Chief Herbert Blake of the Hendersonville Police Department, join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and today’s sentencing hearing, on September 27, 2018, HSI became aware that Moore-Powell was using the Dark Web to locate a minor for the purpose of engaging in sexual activity. An undercover HSI agent posing as the father of an 8year-old boy began communicating with Moore-Powell. Over the course of their online exchanges, Moore-Powell agreed to pay $1,500 in exchange for engaging in sexual activity with the minor over the course of a weekend. Moore-Powell also discussed with the undercover agent the gifts he would bring for the minor, and other details pertaining to the commission of the sexual assault. Moore-Powell also sent child pornography videos to the undercover agent, requesting that they be shown to the boy.
On November 15, 2018, Moore-Powell flew from Chicago to Asheville, where he rented a vehicle and checked in at an area hotel. Moore-Powell then met with an undercover agent who was posing as the child’s father, and paid the agent $200 in cash as down payment in exchange for engaging in sex with the minor. After the meeting, Moore-Powell returned to his hotel room to await the arrival of the child. Law enforcement agents arrested Moore-Powell in the parking lot of the hotel.
Law enforcement searched Moore-Powell’s rental vehicle, where they located toys and electronics intended as gifts for the minor, and $1300 in cash. Moore-Powell was also in possession of computer storage devices that contained child pornography.
On February 25, 2019, Moore-Powell pleaded guilty to coercion and enticement of a minor. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
U.S. Attorney Murray thanked HSI and the Hendersonville Police Department for their investigation of this case.
The U.S. Attorney’s Office in Asheville prosecuted the case.
Broward County Resident Pleads Guilty to Knowingly Making False Statements in Order to Unlawfully Acquire FirearmsRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and Ari C. Shapira, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division announced that Bill K. Kapri, a/k/a “Kodak Black,” a/k/a “Dieuson Octave,” 22, of Pompano Beach, FL, pled guilty today to two counts of knowingly making a false and fictitious written statement in connection with the acquisition and attempted acquisition of a firearm from a federally licensed firearms dealer before U.S. District Judge Federico A. Moreno (Case No. 19-cr-20273).
According to the court record, including the agreed upon factual proffer, Kapri, on January 25, 2019 and March 1, 2019, completed ATF Form 4473. On both occasions, Kapri answered “No” when asked, “Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year.” On both occasions, as Kapri then and there well knew, Kapri was, in truth and in fact, under indictment for a felony offense. On January 25, 2019, Kapri transposed several digits of his social security number and thus was able to pick up three firearms on February 1, 2019. On March 1, 2019, Kapri used his true social security number and, as a result, was not permitted to pick up a fourth firearm.
At sentencing, Kapri faces a maximum statutory sentence of 10 years in prison, to be followed by 3 years of supervised release.
U.S. Attorney Fajardo Orshan commended the investigative efforts of ATF in this matter. This case is being prosecuted by Assistant U.S. Attorney Bruce Brown.
Court documents and information related to this case may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Bronx Man Sentenced to 27 Years in Prison for Murder of Innocent BystanderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RICHARD FELIZ, a/k/a “Dirt,” was sentenced to 27 years in prison for murdering Victor Chafla, an innocent bystander, while shooting at a rival gang member. FELIZ was sentenced on August 16, 2019, by U.S. District Judge Victor Marrero, before whom FELIZ previously pled guilty to narcotics and firearms offenses.
U.S. Attorney Geoffrey S. Berman said: “On March 26, 2015, Victor Chafla was stocking produce outside a grocery store when he was shot in the head, an innocent bystander struck down by senseless gang violence. For committing this terrible murder, Richard Feliz will now serve 27 years in prison. We thank our partners at HSI and the NYPD for their outstanding work pursuing justice for Mr. Chafla. Our hearts go out to Mr. Chafla’s family for their terrible loss.”
According to the allegations contained in the Indictment and statements made in related court filings and proceedings:
Between 2013 and 2017, FELIZ was a member of a racketeering enterprise known as the “Rollin’ 30s Crips,” a street gang that operated in the Bronx, among other places. In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s Crips committed, conspired, attempted, and threated to commit acts of violence, including murder and robbery, and conspired to distribute and possess with intent to distribute narcotics.
On March 26, 2015, during a dispute with a member of a rival gang, FELIZ shot at that rival, but instead struck Victor Chafla in the head, while Chafla was working outside at a grocery store. Chafla died from his wounds a few days later.
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In addition to the prison term, FELIZ, 23, of the Bronx, New York, was sentenced to three years of supervised release.
Mr. Berman praised the outstanding investigative work of the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Jessica Fender, Anden Chow, and Jacqueline Kelly are in charge of the prosecution.
Bringing Man’s Best Friend to the Scene of the Crime Leads to Federal Prison Sentence for Nashua ManRead the Press Release
A convicted felon who possessed a gun was sentenced August 15, 2019, to one year in federal prison.
Bradley Dean Mohring, age 56, from Nashua, Iowa, received the prison term after an April 5, 2019 guilty plea to being a felon in possession of a firearm.
Evidence at a previous hearing showed that in October 2018, officers were investigating a burglary at a co-op in Nashua, Iowa. During the investigation, officers reviewed video footage from the burglary. They were able to see a dog present at the time of the burglary. Police identified the dog as Mohring’s. Officers then searched Mohring’s home and recovered some of the property stolen in the burglary. Officers also found a rifle and ammunition. Mohring was previously convicted of a felony drug trafficking offense in Colorado.
Mohring was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Mohring was sentenced to 12 months’ imprisonment He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Mohring 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 Emily K. Nydle and investigated by the Nashua Police Department and the Chickasaw County Sheriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-02002.
Follow us on Twitter @USAO_NDIA.
Boston Man Indicted for Armed Robbery of North End MarketRead the Press Release
BOSTON – A Boston man was indicted today in federal court in Boston for the armed robbery of a grocery store in Boston’s North End.
Dante Mirabella, 52, was charged with one count of interfering with commerce by robbery, one count of brandishing a firearm during a crime of violence and one count of being a felon in possession of a firearm and ammunition. Mirabella has been in custody since May 31, 2019, when he was arrested on state charges.
It is alleged that Mirabella robbed Bob’s Grocery Store on May 30, 2019, while brandishing a Hi-Point .380 caliber semi-automatic pistol. According to the indictment Mirabella is prohibited from possessing any firearm or ammunition due to a prior felony conviction.
The charging statute for interfering with commerce by robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. The charge of brandishing a firearm during a violent crime provides for a mandatory minimum sentence of 10 years and up to life in prison, to be served consecutive to any other sentence imposed, up to five years of supervised release and a maximum fine of $250,000. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Boston Police Commissioner William G. Gross made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boise Man Arrested for Possession of Child PornographyRead the Press Release
BOISE – Jonathan Schmidt, 40, of Boise, was arrested yesterday for possession of child pornography, U.S. Attorney Bart M. Davis announced. Schmidt is charged by federal complaint. He is scheduled to make his initial appearance in federal court today at 2:45 PM before U.S. Magistrate Judge Candy W. Dale.
The complaint alleges that between January 29 and August 21, 2019, Schmidt knowingly possessed files of child pornography.
The charge of possession of child pornography is punishable by up to 20 years in prison, a $250,000 fine, and a lifetime of supervised release.
The case was investigated by the Idaho Internet Crimes Against Children Task Force, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
A complaint is only an allegation of criminal conduct and is not evidence of a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Big Timber man sentenced for possession of meth for distributionRead the Press Release
BILLINGS—Big Timber resident Eric Daniel Gibson was sentenced today to six years in prison and five years of supervised release after he admitted to possessing methamphetamine for distribution, U.S. Attorney Kurt Alme said.
Gibson, 28, pleaded guilty in February to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
In June 2017, Sweet Grass County Sheriff’s deputies responded to a single vehicle rollover near Interstate 90. Blood in the car suggested the driver was injured, the prosecution said in court documents. Witnesses said that the vehicle’s sole occupant had taken off running toward a nearby ranch. When the vehicle was turned upright, law enforcement found a cell phone and collected plastic baggies of meth and an ammunition tray. Gibson was found walking on the railroad tracks near the site of the accident. Investigators executed a search warrant on the cell phone and found text messages indicating meth distribution. The meth recovered totaled about 48.5 grams.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Beckley Man Sentenced to Federal Prison for Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Beckley man was sentenced to federal prison for illegally possessing a firearm, announced United States Attorney Mike Stuart. Turner Williams, 28, was sentenced to 30 months in prison, to be followed by a three year term of supervised release, for being a felon in possession of a firearm.
Williams previously admitted that on January 9, 2018, agents with the Alcohol, Tobacco, Firearms, and Explosives (ATF), with the assistance of a confidential informant, conducted a controlled purchase of firearms. During the controlled purchase, Williams admitted that he retrieved two guns from another location and returned to the site of the controlled purchase and delivered a Taurus, PT111, 9mm semi-automatic pistol to the confidential informant working with the ATF. At the sentencing hearing it was established that Williams was subject to an increased sentence due to one of the firearms containing a high capacity magazine which held 35 rounds of ammunition. He admitted that knew he was not supposed to possess any firearms because he was a convicted felon. Williams was prohibited from possessing any firearm under federal law because he was previously convicted in 2013 in Raleigh County Circuit Court of the felony offense of Wanton Endangerment with a Firearm.
The ATF, the Beckley Police Department, and the Beckley/Raleigh County Drug Task Force conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
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.
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August Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 26 indictments charging 27 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Juan Aguilar Pacheco, a/k/a Gallo, a/k/a Jesus Cruz-Perez, age 38, is charged in a two-count Indictment. Counts I and II charge the defendant with distribution of 50 grams or more of methamphetamine on or about May 2, 2019 and continuing through July 1, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment on each count, $5,000,000 fine on each count, 4-year term of supervised release on each count, and a $100 special assessment on each count.
* Pedro Avendano-Molina, age 59, is charged with illegal reentry after deportation on or about August 4, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jaime Barrera Sotelo, age 36, is charged with illegal reentry after deportation on or about July 26, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Isaias Cortez Garcia, age 36, is charged with illegal reentry after deportation on or about July 24, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jaime Cuella Macua, age 32, is charged with illegal reentry after deportation on or about July 29, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Tyler Dodge, age 25, is charged in a two-count Indictment. Counts I and II charge the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about November 11, 2018 and continuing through December 21, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment on each count, $5,000,000 fine on each count, 4-year term of supervised release on each count, and a $100 special assessment on each count.
* Isiah Gandy, age 28, of Omaha, is charged in a two-count Indictment. The Indictment charges the defendant with wire fraud on or about December 2, 2014 and continuing through December 23, 2014. The maximum possible penalty if convicted is 20 years’ imprisonment on each count, a $250,000 fine on each count, a 3-year term of supervised release on each count, and a $100 special assessment on each count.
* Miguel Garcia-Flores, age 30, is charged in a two-count Indictment. Count I charges the defendant with fraudulent use of a social security account number beginning on or about September 24, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraudulent use of identification documents to obtain employment on or about September 24, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Christian Eduardo Gaxiola, age 37, of Greeley, Colorado, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 3, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Jorge Herrera Vargas, age 44, is charged with illegal reentry after deportation following a felony conviction on or about August 5, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Adan Inzunza-Barreras, age 26, of Omaha, is charged in a four-count Indictment. Count I charges the defendant with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, (mixture) beginning on or about May 23, 2019 and continuing to on or about June 27, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine, (mixture) beginning on or about June 27, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count III charges the defendant with distribution of 50 grams or more of methamphetamine, (actual) beginning on or about May 23, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with distribution of 50 grams or more of methamphetamine, (mixture) beginning on or about Jun 14, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 27, 2019.
* Nathan Lee Kempter, age 32, of Highlands Ranch, Colorado, is charged in a two-count Indictment. Count I charges the defendant with enticement of a minor on or about July 15, 2019. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count II charges the defendant with travel with intent to engage in illicit sexual conduct on or about August 2, 2019. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment.
* Abuhussein A. Khattab, age 28, of Omaha, is charged in a two-count Indictment. The Indictment charges the defendant with possession by a prohibited person on or about November, 2017 and continuing through April, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment on each count, a $250,000 fine on each count, a 3-year term of supervised release on each count, and a $100 special assessment on each count.
* Patricia Lopez-Hernandez, age 35, is charged with illegal reentry after deportation following a felony conviction on or about August 7, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Chad A. Loseke, age 39, of Hastings, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about June 3, 2019. The maximum possible penalty if convicted is Life imprisonment, $8,000,000 fine, - year term of supervised release, and a $100 special assessment.
* Ismael Nunez Labra, age 36, is charged with illegal reentry after deportation following a felony conviction on or about July 9, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jorge Paz-Aguilar, age 34, is charged with illegal reentry after deportation on or about August 5, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Roman Anthony Perales, age 21, of Winnebago, Nebraska, is charged in a seven-count Indictment. Count I of the Indictment charges the defendant with assault with intent to commit any felony on or about July 25, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with assault of a dangerous weapon with intent to do bodily harm on or about July 25, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with assault resulting in serious bodily injury on or about July 25, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV of the Indictment charges the defendant with assault with intent to commit any felony on or about July 25, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count V of the Indictment charges the defendant with carrying or using a firearm and in relation to a crime of violence and discharging the firearm on or about July 25, 2019. The maximum possible penalty if convicted is 10 years-Life imprisonment consecutive, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count VI of the Indictment charges the defendant with carrying or using a firearm and in relation to a crime of violence and discharging the firearm on or about July 25, 2019. The maximum possible penalty if convicted is 7 years-Life imprisonment consecutive, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count VII of the Indictment charges the defendant with felon in possession of ammunition on or about July 25, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Morgan L. Perkhiser, age 35, of Eugene, Oregon, is charged in a five-count Indictment. The Indictment charges the defendant with wire fraud on or about May 25, 2016 and continuing through October 5, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment on each count, a $250,000 fine on each count, a 5-year term of supervised release on each count, and a $100 special assessment on each count.
* Manuel Portillo Choto, age 35, is charged in a two- count Indictment. Count I charges the defendant with illegal reentry after deportation following a felony conviction on or about July 29, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with assaulting, resisting, or impeding certain officers or employees on or about July 29, 2019. The maximum possible penalty if convicted is 1 year imprisonment, a $100,000 fine, a 1-year term of supervised release, and a $25 special assessment.
* Elio Danubio Ramirez Lemus, age 39, of Grand Island, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with false statement on a passport application beginning on or about December 29, 2017. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraudulent use of a social security account number beginning on or about February 5, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment. Count III charges the defendant with false claims of U.S. Citizenship on or about February 5, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Terrence Sayers, is charged in an eight-count Indictment. Count I of the Indictment charges the defendant with receipt of visual depictions of minors engaging in sexually explicit conduct on or about May 20, 2014. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count II of the Indictment charges the defendant with receipt of visual depictions of minors engaging in sexually explicit conduct on or about December 24, 2014 and continuing to on or about January 13, 2015. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count III of the Indictment charges the defendant with receipt of visual depictions of minors engaging in sexually explicit conduct on or about April 19, 2015 and continuing to on or about April 27. 2015. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count IV of the Indictment charges the defendant with receipt of visual depictions of minors engaging in sexually explicit conduct on or about May 9, 2015 continuing to on or about May 18, 2015. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count V of the Indictment charges the defendant with receipt of visual depictions of minors engaging in sexually explicit conduct on or about September 28, 2016. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count VI of the Indictment charges the defendant with distribution of visual depictions of minors engaging in sexually explicit conduct on or about April 13, 2014. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count VII of the Indictment charges the defendant with distribution of visual depictions of minors engaging in sexually explicit conduct on or about March 24, 2015. The penalty if convicted is a minimum of 5 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment. Count VIII of the Indictment charges the defendant with possession of visual depictions of minors engaging in sexually explicit conduct on or about October 24, 2017. The penalty if convicted is a minimum of 10 years’ to 20 years’ imprisonment, a $250,000 fine, a 5-years to Life term of supervised release, $100 special assessment, and a $5,000 additional special assessment.
* Billy Francisco Silvestre Aguilar, age 31, is charged with illegal reentry after deportation on or about August 5, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Ignacio Tapia-Lopez, age 38, of Hastings, Nebraska, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about July 30, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Pedro Valdovinos, age 26, and Leagsaidh Hargreaves, age 24, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, (actual) beginning on or about June 1, 2017 and continuing to on or about August 5, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine, (mixture) beginning on or about August 5, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. Count III charges the defendant with use/possess firearm with drug trafficking beginning on or about August 5, 2019. The maximum possible penalty if convicted is Life imprisonment, $250,000 fine, 5-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about August 5, 2019.
* Seth B. Vander Vorst, age 28, is charged with drug user in possession of firearm on or about July 28, 2019 and on or about July 31, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
Alleged Kidnapper Pleads Guilty to Making False Statements to Hide Identity, Receive Federal BenefitsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALLAN MANN, JR., also known as “Hailee Randolph DeSouza” and Hailey R. DeSouza,” 66, pleaded guilty today in New Haven federal court to a false statement offense related to his living in the U.S. under an assumed name for approximately 30 years.
As alleged in court documents, Allan Mann abducted his 21-month-old son, Jermaine Allan Mann, on June 24, 1987, during a court-ordered visit in Toronto, Canada. Allan Mann, who is a Canadian citizen, and his son subsequently entered the U.S. Allan Mann changed his name to Hailee Randolph DeSouza, changed the name of his son, and acquired counterfeit birth certificates for him and his son. Allan Mann has never applied for nor received citizenship status in the U.S.
In June 1990, Mann, using the name Hailee Randolph DeSouza, applied for and received a Social Security Number. In support of this application, Mann presented his counterfeit birth certificate. In May 2018, Mann, using his alias, applied for a replacement Social Security card.
Mann has participated in the U.S. Department of Housing and Urban Development (“HUD”) Section 8 subsidized housing program at various times since 2004. Mann most recently resided in Section 8 subsidized housing in Vernon, Connecticut. Mann has made multiple false statements on HUD forms he signed in connection with his participation in the Section 8 program, and HUD has paid approximately $126,744 in housing assistance payments on Mann’s behalf.
Mann also made multiple false statements on applications to participate in the State of Connecticut’s Medicaid program. Since January 2014, Medicaid has paid $52,970.19 in claims on behalf of Mann, and approximately $2,876.37 on behalf of his son.
Mann pleaded guilty to one count of making a false statement, an offense that carries a maximum term of imprisonment of five years. As part of his plea agreement, Mann has agreed to make restitution of $18,512.05 the Medicaid program, and $34,744 to HUD. He is scheduled to be sentenced by U.S. District Judge Janet C. Hall on November 14, 2019.
Mann has been detained since October 26, 2018, when he was arrested on a criminal complaint.
An immigration detainer has been issued, and Mann faces removal proceedings at the conclusion of his sentence. Canadian authorities have advised the U.S. government that Canada will seek to extradite Mann based on an outstanding warrant for abduction.
This matter is being investigated by the U.S. Marshals Service, U.S. Department of Housing and Urban Development – Office of Inspector General, U.S. Department of Homeland Security – Homeland Security Investigations, U.S. Department of Health and Human Services –Office of the Inspector General, U.S. Department of State – Bureau of Diplomatic Security, Social Security Administration – Office of Inspector General, Toronto Police Service, Royal Canadian Mounted Police and the Vernon Police Department. The Missing Children Society of Canada and the National Center for Missing and Exploited Children have provided critical assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys Sarah Karwan and Hal Chen.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced RAYMOND LEE NORCUTT, Jr., 35, with no fixed residence, on August 19, 2019 for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. Norcutt was arrested in Hot Springs County, Wyoming. He received a total of one hundred-twenty months of imprisonment, to be followed by sixty months of supervised release. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced AUSTIN STORM DREW GRAUBERGER, 26, of Cheyenne, Wyoming on August 20, 2019 for being a felon in possession of a firearm. Grauberger was arrested in Cheyenne, Wyoming. He received time served, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced MATTHEW HUNTER HEUER, 42, of Mills, Wyoming on August 21, 2019 for being a felon in possession of a firearm. Heuer was arrested in Cheyenne, Wyoming. He received forty-six months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced THOMAS QUINN SURRELL, 27, of Riverton, Wyoming on August 20, 2019 for assault resulting in serious bodily injury. Surrell was arrested in Lander, Wyoming. He received forty-six months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $24,154.29. The Bureau of Indian Affairs investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced STERLING CHARLES BLINDMAN , 26, of Fort Washakie, Wyoming on August 19, 2019 for assault resulting in serious bodily injury. Blindman was arrested in Fort Washakie, Wyoming. He received fifty-one months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $250.00 fine, a $100.00 special assessment with restitution to be determined at a later date,. The FBI investigated this case.
Wednesday 21 August 2019
Youngstown man indicted for using firearm to rob a bank last monthRead the Press Release
A Youngstown man was indicted for using a firearm to rob a bank last month.
Dabraylin Hawkins, 23, was indicted in one count of armed bank robbery and one count of using a firearm during a crime of violence.
Hawkins used a Hi Point 9 mm pistol on July 25, 2019, to rob Home Savings Bank, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Yasmine Makridis.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Youngstown man indicted for cyberstalkingRead the Press Release
A Youngstown man was indicted in federal court on a charge of cyberstalking.
Didier Saint Julien, 45, is accused of stalking, harassing and intimidating someone beginning in April 2018.
Saint Julien made numerous comments on the victim’s Facebook and Instagram page beginning last year. He attempted to make physical contact with the victim numerous times and took picture’s of the victim’s car, according to court documents.
Saint Julien also attempted to contact the victim’s relatives numerous times. The victim successfully sought a civil stalking protection order, commanding Saint Julien not to initiate or have any contact with the victim or the victim’s relatives. The next day, Saint Julien texted the victim, according to court documents.
Saint Julien began creating social media accounts under a false name in May 2019 and attempted to contact the victim, according to court documents.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Waterloo Marijuana User Sentenced to a Year in Federal Prison for Unlawfully Possessing a Loaded HandgunRead the Press Release
An unlawful user of controlled substances who possessed a loaded handgun was sentenced today a year in federal prison.
Rodonus Echols, age 19, from Waterloo, Iowa, received the prison term after a March 27, 2019 guilty plea to one count of being a drug user in possession of a firearm.
Information at sentencing showed that Echols was in a car in Waterloo in the early morning hours of October 21, 2018. The Waterloo Police stopped the car for speeding. During the traffic stop, Echols initially refused to get out of the car when officers asked him to do so. After Echols got out, officers found a loaded revolver in the waistband of his pants. At the time Echols possessed the gun, he was an unlawful user of marijuana.
Echols was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Echols was sentenced to 12 months and one day in prison. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Echols is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-2008.
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Ville Platte business owner sentenced for filing false tax returns and failing to pay taxesRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that Myra Griffin Fontenot, 43, of Ville Platte, Louisiana, was sentenced Tuesday to 14 months in prison and one year of supervised release by U.S. District Judge Dee D. Drell for filing a false tax returning and failing to pay more than $200,000 in taxes. Fontenot was also ordered to pay $213,958.96 restitution in addition to $28,624.36 in interest. She previously pleaded guilty on May 14, 2019.
Fontenot was the owner of the Nukura’s Step-by-Step Learning Center (NLC), which is a daycare center, and X-press Tax Service LLC. Fontenot failed to file unemployment tax returns at NLC, failed to report the majority of her income, and claimed a great amount of expenses on personal tax returns for tax years 2012 to 2014. In sum, she failed to pay $213,958.96 during the course of the scheme.
“The defendant in this case cheated on her taxes and, in doing so, failed to meet her obligations as an American,” Joseph stated. “She is now facing the consequences.”
“Fontenot’s attempt to evade her taxes by hiding income, concealing assets, and filing false returns was a theft from all American taxpayers,” said Thomas J. Holloman III, IRS Criminal Investigation Special Agent in Charge, Atlanta Field Office. “It is a felony offense that carries severe consequences. The overarching principle of IRS’ enforcement strategy is simply this: We protect the integrity of the tax system by ensuring everyone pays the correct amount of tax.”
The IRS-Criminal Investigation Division conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the case.
University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese UniversityRead the Press Release
WASHINGTON – A researcher at the University of Kansas (KU) was indicted today on federal charges of hiding the fact he was working full time for a Chinese university while doing research at KU funded by the U.S. government.
Feng “Franklin” Tao, 47, Lawrence, Kansas, an associate professor at KU’s Center for Environmentally Beneficial Catalysis (CEBC), is charged with one count of wire fraud and three counts of program fraud. He was employed since August 2014 by the CEBC, whose mission is to conduct research on sustainable technology to conserve natural resources and energy.
“Tao is alleged to have defrauded the US government by unlawfully receiving federal grant money at the same time that he was employed and paid by a Chinese research university—a fact that he hid from his university and federal agencies,” said Assistant Attorney General Demers for National Security. “Any potential conflicts of commitment by a researcher must be disclosed as required by law and university policies. The Department will continue to pursue any unlawful failure to do so.”
The indictment alleges that in May 2018 Tao signed a five-year contract with Fuzhou University in China that designated him as a Changjiang Scholar Distinguished Professor. The contract required him to be a full time employee of the Chinese university. While Tao was under contract with Fuzhou University, he was conducting research at KU that was funded through two U.S. Department of Energy contracts and four National Science Foundation contracts.
Kansas Board of Regents’ policy requires staff to file an annual conflict of interest report. In Tao’s reports to KU, he falsely claimed to have no conflicts of interest. The indictment alleges that he fraudulently received more than $37,000 in salary paid for by the Department of Energy and the National Science Foundation.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the program fraud counts.
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 assigned judge.
The University of Kansas cooperated and assisted in the FBI’s investigation. Assistant U.S. Attorney Tony Mattivi is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese UniversityRead the Press Release
A researcher at the University of Kansas (KU) was indicted today on federal charges of hiding the fact he was working full time for a Chinese university while doing research at KU funded by the U.S. government.
Feng “Franklin” Tao, 47, of Lawrence, Kansas, an associate professor at KU’s Center for Environmentally Beneficial Catalysis (CEBC), is charged with one count of wire fraud and three counts of program fraud. He was employed since August 2014 by the CEBC, whose mission is to conduct research on sustainable technology to conserve natural resources and energy.
“Tao is alleged to have defrauded the U.S. government by unlawfully receiving federal grant money at the same time that he was employed and paid by a Chinese research university — a fact that he hid from his university and federal agencies,” said Assistant Attorney General Demers for National Security. “Any potential conflicts of commitment by a researcher must be disclosed as required by law and university policies. The Department will continue to pursue any unlawful failure to do so.”
The indictment alleges that in May 2018 Tao signed a five-year contract with Fuzhou University in China that designated him as a Changjiang Scholar Distinguished Professor. The contract required him to be a full time employee of the Chinese university. While Tao was under contract with Fuzhou University, he was conducting research at KU that was funded through two U.S. Department of Energy contracts and four National Science Foundation contracts.
Kansas Board of Regents’ policy requires staff to file an annual conflict of interest report. In Tao’s reports to KU, he falsely claimed to have no conflicts of interest. The indictment alleges that he fraudulently received more than $37,000 in salary paid for by the Department of Energy and the National Science Foundation.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the program fraud counts.
The defendant will make his initial appearance Friday, August 23, 2019, in federal court in Kansas City, Kansas.
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 assigned judge.
The University of Kansas cooperated and assisted in the FBI’s investigation. Assistant U.S. Attorney Tony Mattivi is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Two Los Angeles Pharmacy Owners Found Guilty in Multimillion-Dollar Health Care Fraud and Money Laundering SchemeRead the Press Release
A federal jury found two Los Angeles pharmacy owners guilty yesterday for their participation in a $35 million health care fraud and money laundering scheme to bill Medicare for medications that were never provided and to launder the proceeds of the fraud.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Special Agent in Charge Timothy DeFrancesca of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Los Angeles Regional Office, Assistant Director in Charge Paul Delacourt of the FBI’s Los Angeles Field Office, Special Agent in Charge Ryan L. Korner of IRS Criminal Investigation’s (IRS-CI) Los Angeles Field Office, and Special Agent in Charge Kurt Mueller of the California Department of Justice made the announcement.
After an 11-day trial, Aleksandr Suris, 51, and Maxim Sverdlov, 44, both of Sherman Oaks, California, were found guilty of one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering. Suris was also found guilty of one additional count of conspiracy to commit health care fraud and six additional counts of health care fraud. Both defendants were found not guilty of three counts of healthcare fraud. Sentencing has been scheduled for Nov. 18, 2019, before U.S. District Court Judge S. James Otero of the Central District of California, who presided over the trial.
According to the evidence presented at trial, from 2012 to 2015, Suris and Sverdlov fraudulently billed Medicare and CIGNA for prescription medications that were not actually dispensed to beneficiaries by the pharmacy they owned, Royal Care Pharmacy (Royal Care). In order to hide the fraud, Suris and Sverdlov obtained fake invoices from a co-conspirator to make it appear as if Royal Care had purchased the medicines it had billed Medicare for when it had not. The evidence further established that Suris and Sverdlov also used these fake invoices to launder the proceeds of the fraud through the co-conspirator.
This case was investigated by the HHS-OIG, FBI, IRS-CI, and the California Department of Justice, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California. Assistant Chief Daniel J. Griffin and Trial Attorney Robyn N. Pullio of the Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Two Cleveland men with a history of using firearms to commit crimes indicted for conspiracy to traffic fentanyl, heroin, cocaine and other drugs, as well as additional firearms crimesRead the Press Release
Two Cleveland men with a history of using firearms to commit crimes were indicted in federal court for their roles in a conspiracy to traffic fentanyl, heroin, cocaine and other drugs, as well as additional firearms crimes.
Clayton Hall, 39, and Gregory D. Franklin, II, 42, were each indicted on one count of conspiracy to possess with intent to distribute controlled substances, and additional drug charges. Franklin is additionally charges with possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition.
According to the 11-count superseding indictment filed in U.S. District Court:
Hall and Franklin conspired together between February 2019 and April 30, 2019 to distribute 100 grams or more of a mixture of heroin and fentanyl analogues, as well as 500 grams or more of cocaine.
Hall possessed with intent to distribute fentanyl, heroin, cocaine and crack cocaine at various times in 2018 and 2019.
Franklin possessed with intent to distribute fentanyl analogues and cocaine on April 30, 2019. He also possessed a Taurus 9 mm semi-automatic pistol and 21 rounds of 9 mm that he used as part of his drug trafficking and despite a previous conviction for drug trafficking with a firearms specification, according to the indictment.
Hall was previously convicted of kidnapping with a firearm and aggravated burglary with a firearm, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The case was investigated by the Cleveland Division of Police and Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Federal Inmates Charged in Murder of Fellow InmateRead the Press Release
Three inmates at the Milan Correctional Facility in Milan, Michigan, were charged in an indictment unsealed today with first degree premediated murder in the death of a fellow inmate, conspiracy to commit first degree premeditated murder and assault with intent to commit murder, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by FBI Acting Special Agent in Charge Rainer S. Drolshagen and Jason Terris, Warden, Milan Correction Facility.
Charged were:
Alex Albert Castro, 39;
Jason Dale Kechego, 38; and
Adam Taylor Wright, 39. Wright was also charged with assaulting and resisting a law enforcement officer engaged in the performance of his duties.
According to the indictment, beginning in December, 2018, Castro, Kechego and Wright, while incarcerated at the federal detention center in Milan, Michigan, conspired to assault and murder fellow inmates who were thought to be smaller and weaker therefore more vulnerable. It was on January 2, 2019, that the three defendants are alleged to have killed fellow inmate Christian Maire, using a homemade knife commonly referred to as a “shank”. Allegedly, after stabbing Maire several times, the defendants then picked up Maire off the floor and threw his body down a flight of stairs. The defendants are also alleged to have assaulted three other inmates by punching, beating, kicking and stabbing them. Defendant Wright faces additional charges of assaulting a corrections officer and impeding a corrections officer during the assaults on the inmates in order to prevent them from stopping the attacks.
If convicted of the charges, each defendant faces a maximum penalty of life in prison.
An indictment is only a charge and is not evidence of guilt. It will be the government’s burden to prove guilt beyond a reasonable doubt.
This case was investigated by special agents of the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney J. Michael Buckley and Andrew R. Picek.
Tennessee Man Arrested for Making Threats to D.C. Planned Parenthood FacilityRead the Press Release
WASHINGTON – A Tennessee man was arrested today for allegedly posting threats online to “shoot up” a Planned Parenthood facility in Washington D.C. The announcement was made by U.S. Attorney Jessie K. Liu, U.S. Attorney Don Cochran for the Middle District of Tennessee, and Timothy Slater, Assistant Director in Charge of the FBI’s Washington Field Office.
Jacob Cooper, 20, of Clarksville, Tennessee, was charged with unlawfully, knowingly, and intentionally transmitted in interstate or foreign commerce a communication containing a threat to injure another located in D.C. and elsewhere. Cooper made his initial appearance today before U.S. Magistrate Judge Alistair E. Newbern in the United States District Court, Middle District of Tennessee. A preliminary and detention hearing is set for August 26, 2019.
According to the criminal complaint, Cooper went by the username “Jacco” on iFunny, a website where people can share photos, videos, and discussion topics. On August 13, 2019, in response to a post made by another user, Cooper allegedly left a comment stating, “Make sure you tell them about how I plan to shoot up a planned parenthood facility in Washington D.C., on August 19th at 3pm.” Cooper allegedly left a separate post on August 13, 2019 stating, “If you are a member of the FBI, CIA, whatever, and are on my profile I will trace your IP address and kill you if the opportunity arises. And I am dead serious about this. I’ll do it with ricin, a bomb, or .308. Whatever it takes, then end result will be the same. I am serious about this. If I am personally contacted by any federal agents, I will do this. I will kill you. Again, I am serious. Sic semper tyrannis.”
Cooper faces a maximum penalty of five years in prison if convicted.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI’s Washington Field Office. Assistant U.S. Attorney Kevin Rosenberg is prosecuting the case with assistance from Assistant U.S. Attorney Byron Jones from the Middle District of Tennessee.
Tax Protestor Sentenced to Five Years in Prison for Tax EvasionRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Andrew Murray announces that, on August 20, 2019, an Asheville orthodontist and tax protestor, James E. MacAlpine, 72, was sentenced to prison for tax evasion. U.S. District Judge Martin Reidinger ordered MacAlpine to serve a statutory maximum term of 60 months in prison, followed by 3 years of supervised release, and to pay $2,194,849.03 in restitution to the IRS.
Matthew D. Line, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), joins U.S. Attorney Murray in making today’s announcement.
According to documents filed with the court, MacAlpine was the owner/operator of “James E. MacAlpine, DDS,” an orthodontic practice located in Buncombe County, which MacAlpine has operated since at least as early as 1992. At all relevant times, MacAlpine’s orthodontic practice generated taxable income. However, in 1996, MacAlpine stopped filing and paying his federal taxes. With the exception of a period of partial compliance following a state-court conviction in late 2001, MacAlpine has been out of compliance with the federal tax laws ever since.
By 2014, MacAlpine’s tax debt to the federal government had grown to approximately $1,962,354.11, comprising amounts still due and owing for tax years 1999, 2000, 2002, 2003, 2004, 2005, and 2006, plus penalties and interest. That year, the United States District Court entered an order finding MacAlpine indebted to the IRS in the same amount. By the time of his sentencing in this criminal case, MacAlpine’s total tax debt for those years had grown to approximately $2,194,849.03, which is the amount reflected by the Court’s restitution order.
Throughout MacAlpine’s long period of non-compliance with the federal tax laws, the IRS diligently attempted to assess and collect taxes from him. For example, in 2000, the IRS performed an examination using the available documents for tax years 1996 and 1997, and assessed taxes against MacAlpine for those years. In 2005, the IRS initiated an examination of MacAlpine’s tax liability for tax year 2002, and, soon thereafter, the IRS initiated examinations of MacAlpine’s tax liability for tax years 2003 and 2004. However, MacAlpine routinely obstructed these IRS attempts to determine his actual tax liability. For example, when the Revenue Agent (RA) assigned to conduct the examination of MacAlpine’s tax liability for 2002 attempted to make contact with MacAlpine and to request books and records necessary to make an accurate assessment, MacAlpine failed to meet with the RA or to produce any documentation. When the RA attempted to get the same information from a different source by issuing summonses to financial institutions, MacAlpine filed a series of frivolous legal challenges to those summonses. When the United States District Court dismissed those frivolous legal challenges, MacAlpine began to inundate IRS personnel—both the RA working the examination for 2002 and the Revenue Officers working collections for MacAlpine’s existing tax debts—with legally unfounded and factually inaccurate correspondence. For example, in early May of 2006, MacAlpine sent several IRS personnel a “Declaration of Political Intentions” in which he claimed to revoke his own U.S. citizenship, suggesting that it meant he no longer owed any taxes, even for those years with respect to which he had previously admitted that he did owe taxes.
Despite multiple warnings from the IRS that such filings were frivolous and could lead to civil and criminal sanctions, MacAlpine continued in this manner for years.
MacAlpine’s conduct was similarly obstructive with respect to the collections process. For example, between June of 2011 and January 2015, MacAlpine engaged in a game of hide-and-seek with the IRS, moving his money to new, or different, bank accounts every time IRS collections personnel located and garnished the account he had been using for his personal and business affairs. On at least one occasion, he moved money into an account opened in the name of a shell corporation. MacAlpine admits that he undertook these actions for the purpose of evading the collection efforts of the IRS.
On February 4, 2019, MacAlpine pleaded guilty to tax evasion. Following the sentencing hearing on August 20, 2019, MacAlpine was released on bond, and he will be ordered to report to the United States Bureau of Prisons, upon designation of a federal facility, to begin serving his sentence. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the IRS-CI for their outstanding investigative work.
Assistant United States Attorney Daniel Bradley, of the U.S. Attorney’s Office in Asheville, is in charge of the prosecution.
Stoneham Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
BOSTON – A Stoneham man pleaded guilty today in federal court in Boston to trafficking fentanyl.
Alexis Baez, 52, pleaded guilty to three counts of distribution of, and possession with intent to distribute fentanyl; two counts of distribution of, and possession with intent to distribute, more than 40 grams of fentanyl; and one count of possession with intent to distribute more than 400 grams of fentanyl. U.S. District Court Senior Judge Rya W. Zobel scheduled sentencing for Nov. 13, 2019. Baez was previously charged by criminal complaint and arrested on April 26, 2019. He has been in custody since his arrest.
Between February and April 2019, Baez engaged in six separate drug sales of fentanyl powder to an undercover law enforcement agent.
The charge of possession with intent to distribute of over 400 grams of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years of supervised release and a fine of up to $10 million. The charges of possession with intent to distribute over 40 grams of fentanyl carry a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Woburn, Stoneham, Milton and Boston Police Departments. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
St. Croix Man Pleads Guilty to Carrying a Firearm During a Drug Trafficking OffenseRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced today that Ladislau Concepcion, Jr., 45, of St. Croix, pleaded guilty on August 21, 2019 in federal court to carrying a firearm during a drug trafficking offense.
According to court documents, on March 7, 2017, Defendant was traffic-stopped near the Golden Rock McDonald’s on St. Croix. Concepcion failed to produce a valid driver’s license, insurance, or registration for the vehicle he was operating. Subsequently, a K-9 drug detection dog alerted for the presence of narcotics in the rear of the vehicle and a search of the vehicle resulted in the seizure of 172 grams of marijuana, 11 grams of crack cocaine, 10 grams of cocaine, empty vials, plastic baggies, a digital scale, scissors, and three cellular phones. A loaded Taurus .38 caliber handgun was located in the vehicle’s glove box. Concepcion, a convicted felon, did not have a license to possess the firearm, and was not permitted to possess it according to law.
Concepcion faces a mandatory minimum of five years of incarceration for the offense, a fine of up to $250,000.00, and forfeiture of the firearm and $1046.00 in cash. A sentencing date has been scheduled for December 20, 2019.
The case was investigated by the U.S. Virgin Islands Police Department and the U.S. Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorney Melissa P. Ortiz.
Sioux City Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty August 20, 2019, in federal court in Sioux City.
Billy Soule, 37, from Sioux City, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.
At the plea hearing, Soule admitted that from about October 2018 through January 2019 he was involved in a conspiracy that distributed more than 300 grams of pure methamphetamine in the Sioux City, area. In November/December 2018, in four separate transactions, Soule distributed a total of approximately 9 ounces of pure methamphetamine to an individual cooperating with law enforcement in both Nebraska and Iowa. During a traffic stop in January 2019, Soule was found in possession of over more than 4 ounces of pure methamphetamine, which he intended to distribute to other persons.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Soule remains in custody of the United States Marshal pending sentencing. Soule faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4004. Follow us on Twitter @USAO_NDIA.
Sioux City Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty August 19, 2019, in federal court in Sioux City.
Bradley McPeek, Sr., 60, from Sioux City, Iowa, was convicted of conspiring to distribute methamphetamine within a protected location.
At the plea hearing, McPeek admitted that from about July 2017 through December 2018 he participated in the distribution of more than 1.5 kilograms of methamphetamine in Sioux City. McPeek distributed methamphetamine at his residence that was within 1000 feet of Cook Park. McPeek admitted that he and others involved in the conspiracy would regularly travel to Omaha, NE to obtain multiple ounces up to pounds of methamphetamine to bring back to Sioux City to split up and distribute to others.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. McPeek remains in custody of the United States Marshal and will remain in custody pending sentencing. McPeek faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least ten years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4018. Follow us on Twitter @USAO_NDIA.
Serial Robber Sentenced to 6 YearsRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Trevor Christian, 24, Madison, Wisconsin, was sentenced today by U.S. District Judge James D. Peterson to six years in federal prison, for robbing a Walgreens, two banks, and a credit union, all located in Madison. Christian pleaded guilty to these charges on April 17, 2019. His prison term will be followed by a 3-year period of supervised release.
On November 1, 2018, Christian robbed a Walgreens on East Washington Avenue. On November 5, 2018, he robbed a branch of the Associated Bank on Shopko Drive. On November 7, 2018, Christian robbed another branch of Associated Bank, on Odana Road. Finally, on November 14, 2018, he robbed a branch of the Dane County Credit Union on Struck Street.
In each robbery, Christian passed notes demanding money and threatening violence if the victims did not cooperate. Judge Peterson noted the emotional trauma caused to the victims, said Christian was “out of control,” and sentenced him to six years in prison to protect the public.
This case has been brought 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 Christian were the result of an investigation conducted by the Madison Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Rita M. Rumbelow.
Schleswig, IA Man Sentenced to 10 Years for Distributing MethamphetamineRead the Press Release
A man who was a member of a conspiracy to distribute methamphetamine was sentenced Tuesday, August 20, 2019, to more than 10 years in federal prison.
Charles Lee Segebart, age 27, from Schleswig, IA, received the prison term after a February 15, 2019 guilty plea to one count of conspiracy to distribute methamphetamine.
In a plea agreement, Segebart admitted that he voluntarily and intentionally distributed methamphetamine from December of 2016 to July 23, 2018. On July 23, 2018, Segebart was stopped by law enforcement. Law enforcement seized a quarter-pound of methamphetamine in the search of the vehicle. Segebart admitted to law enforcement that he had been receiving an estimated two to three pounds a week of methamphetamine to distribute from another source.
Segebart was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Segebart was sentenced to 124 months’ imprisonment and fined $100. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Carroll County Sheriff’s Office and the Iowa Department of Narcotics enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-4074.
Follow us on Twitter @USAO_NDIA.
San Francisco Man Sentenced to More Than Five Years in Prison for Assaulting A U.S. Postal Worker and Possessing Ammunition as A Convicted FelonRead the Press Release
SAN FRANCISCO – Herman Murillo was sentenced today to 63 months in prison for assaulting a U.S. Postal Service (USPS) letter carrier and illegally possessing ammunition as a convicted felon, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Rayfield Roundtree. The sentence was handed down by the Honorable Maxine M. Chesney, Senior U.S. District Judge.
Murillo, 35, of San Francisco, pleaded guilty to the charges on April 24, 2019. According to his plea agreement, Murillo admitted that on January 14, 2019, he approached a USPS letter carrier delivering mail in his neighborhood, pulled out a 9mm semiautomatic pistol loaded with six rounds of Wolf 9mm ammunition, and pointed it directly at the letter carrier.
A federal grand jury indicted Murillo on March 19, 2019, charging him with one count of being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1), and one count of assaulting a federal employee, in violation of 18 U.S.C. § 111(b). Murillo pleaded guilty to both counts.
Judge Chesney also sentenced the defendant to a three-year period of supervised release to begin at the conclusion of his prison term.
Assistant U.S. Attorney Briggs Matheson is prosecuting the case with the assistance of Margoth Turcios. The prosecution is the result of an investigation by the ATF and the San Francisco Police Department.
Rigby Man Sentenced to 25 Years in Prison for Producing Child PornographyRead the Press Release
POCATELLO – Joseph Lavern Harris, 32, of Rigby, Idaho, was sentenced yesterday in U.S. District Court to 300 months in prison, for sexual exploitation of a minor child, U.S. Attorney Bart M. Davis announced. U.S. District Judge B. Lynn Winmill ordered that Harris serve a lifetime of supervised release, following his prison sentence. Harris pleaded guilty on March 26, 2019.
According to court records, on February 26, 2018, state investigators responded to allegations of child abuse at a residence in Jefferson County, Idaho, where Harris resided. A subsequent investigation discovered that Harris had produced child pornography by sexually abusing a four-year-old child. Investigators obtained a search warrant for Harris’s electronic devices and discovered images of the sexual abuse taken on his phone. In court, Harris admitted that he created the images.
At sentencing, Judge Winmill also ordered Harris to forfeit the cell phone used in the commission of the offense. As a result of his conviction, Harris will be required to register as a sex offender.
The case was investigated by Homeland Security Investigations in Idaho Falls and the Jefferson County Sherriff’s Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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Red Lake Woman Sentenced to 46 Months in Prison for Assaulting BoyfriendRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of MISHAUN ARYN NEADEAU, 30, to 46 months in prison for assault resulting in serious bodily injury. NEADEAU, who pleaded guilty on May 28, 2019, was sentenced before Senior Judge Paul A. Magnuson in U.S. District Court in Saint Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on November 11, 2018, NEADEAU called her boyfriend into the home in which they were staying and shot him twice with a handgun, once in his arm and once in his back. After law enforcement was notified of the assault, officers with the Red Lake Tribal Police Department found NEADEAU walking alone on a road carrying a plastic bag containing a scale and 27 grams of methamphetamine. NEADEAU was arrested and taken to the Red Lake Jail where she wrote two letters, one to the victim and the other to a relative of the victim. In those letters, which were intercepted by Red Lake Jail staff, NEADEAU asked that the victim sign an affidavit advocating that the Red Lake Tribal Court charges against NEADEAU be dropped. NEADEAU expressed her concern that otherwise, the “FEDS” might take on her case.
This case was the result of an investigation conducted by the Red Lake Tribal Police Department and the FBI Headwaters Safe Trails Task Force.
Assistant U.S. Attorneys Alexander D. Chiquoine and Deidre Y. Aanstad prosecuted the case.
Defendant Information:
MISHAUN ARYN NEADEAU, 30
Red Lake, Minn.
Convicted:
- Assault resulting in serious bodily injury, 1 count
Sentenced:
- 46 months in prison
- Three years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Raleigh Man Sentenced to 80 Months for Illegally Receiving Child PornographyRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge Louise W. Flanagan sentenced MICHAEL AHMED, 33, of Raleigh to 80 months’ imprisonment, followed by 10 years of supervised released.
On January 29, 2019, AHMED, pursuant to a Waiver of Indictment and with a written Plea Agreement, pled guilty to a Criminal Information which charged AHMED with Receipt of Child Pornography that concluded on March 14, 2018.
On December 3, 2017, officers with the Cary Police Department (CPD) in Cary, North Carolina, were conducting an online investigation on the BitTorrent1 network searching for individuals sharing child pornography (CP). Officers identified an IP address sharing CP, and they successfully downloaded 83 files of suspected CP. Officers continued to connect to the IP address on multiple occasions through February 18, 2018, and successfully downloaded several files of known CP. Officers were able to determine that the IP address was assigned to a residence in Apex, North Carolina, owned by the parents of AHMED. The Department of Homeland Security Investigations (HSI) was contacted and HSI agents obtained a search warrant for the residence.
On March 14, 2018, HSI agents and members of the Wake County Sheriff’s Office (WCSO) in Raleigh, North Carolina, executed a search warrant of AHMED’s Apex residence. During the search, agents seized a Dell desktop computer, an LG cellphone, multiple hard drives, and micro SD cards. AHMED was present and agreed to speak with law enforcement. During the interview, AHMED admitted to downloading CP using BitTorrent. AHMED stated he was aware BitTorrent was a file sharing program; however, he never intentionally shared CP. AHMED stated he preferred girls ages 14 and older and admitted to using the search terms “young and teen” when searching for CP online. AHMED stated he would download CP, save it to a file on his computer, and then delete it from his computer by placing it in the recycling bin.
An HSI forensics agent analyzed AHMED’s hard drives and found 2,463 image files and 93 video files which depicted CP. Multiple files contained sadistic or masochistic conduct, bestiality, prepubescent minors, and infants/toddlers. Multiple videos in the defendant’s collection were more than 5 minutes long. The recovered images were sent to the National Center for Missing and Exploited Children (NCMEC) for identification. NCMEC identified 101 known series in AHMED’s collection. AHMED’s collection contained a total of 9,438 image files of CP.
Based on the investigation, AHMED used BitTorrent, a peer to peer file sharing program, on his computer to receive CP. As such, by using BitTorrent he is also responsible for distributing CP. Additionally, AHMED’s collection of CP contained images and videos which depicted sadistic/masochistic conduct, bestiality, prepubescent minors, and infants/toddlers. AHMED is accountable for the possession of 9,438 image files of CP.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
The investigation of this case was conducted by the Federal Bureau of Investigation (FBI) and the Cary Police Department. Assistant United States Attorney Daniel W. Smith prosecuted the case for the government.
Raleigh Man Sentenced to 33 Months for Illegally Possessing a FirearmRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, United States District Judge Louise W. Flanagan sentenced SAMUELLE BRESHAUN CORBETT 28, of Raleigh, North Carolina, to 32 months’ imprisonment, followed by 3 years of supervised released.
On September 6, 2018, CORBETT was named in a one-count Indictment charging him with possession of a firearm by a convicted felon. On February 25, 2019, CORBETT pled guilty to the sole count.
On June 20, 2018, an officer with the Raleigh Police Department (RPD) approached a vehicle that was parked in the Ugly Monkey Bar’s parking lot. As the officer approached, he observed the vehicle’s front passenger, CORBETT, reach toward the floorboard. The officer also detected an odor of marijuana emanating from the vehicle and observed a .22 caliber revolver at CORBETT’S feet. CORBETT was removed from the vehicle and placed into custody. The revolver was loaded with 3 rounds of ammunition.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Daniel W. Smith prosecuted the case for the government.
Project Parkersburg Update: Two Men Plead Guilty to Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – Two Project Parkersburg defendants pled guilty to federal methamphetamine charges, announced United States Attorney Mike Stuart. Todd Land, 41, of Phoenix, Arizona pled guilty to conspiracy to distribute more than 500 grams of methamphetamine. Marshall Polan, 31, of Parkersburg, pled guilty to conspiracy to distribute a quantity of methamphetamine.
“As a result of Project Parkersburg, we seized 121 pounds of ICE methamphetamine and significant amounts of a smorgasbord of other drugs,” said United States Attorney Mike Stuart. “We’ve shuttered this drug trafficking organization and we’re holding drug dealers like Land and Polan accountable.”
Land admitted that he facilitated a transaction between Parkersburg methamphetamine dealers and an individual in Phoenix, Arizona to transport a large drug shipment from Arizona to Dayton, Ohio where the drugs were to be divided for distribution in Dayton and in Parkersburg. When the shipment was delayed, Land traveled to Dayton where he mediated a dispute between the transporter and the methamphetamine dealers. On September 19, 2018, police intercepted the shipment during a traffic stop of the transporter, Troy Pastorino. The shipment contained 121 pounds of pure methamphetamine and approximately 6 kilograms (13.2 pounds) of cocaine.
Polan admitted that he was a member of the conspiracy whose role was to sell methamphetamine to users in the Parkersburg area.
Land faces 10 years to life in prison and Polan faces up to 20 years in prison when they are sentenced on December 4, 2019. Pastorino pled guilty in February 2019 and also faces 10 years to life in federal prison when he is sentenced on January 23, 2020.
Land and Polan were prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Police Department, the Parkersburg Narcotics and Violent Crimes Task Force as well as assistance from the Arizona Department of Public Safety. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, the seizure of 121 pounds of ICE methamphetamine, 6 kilograms of cocaine, 217 grams of heroin, and 290 grams of fentanyl.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Joshua Hanks is handling the prosecution.
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Port Clinton physician indicted for prescribing thousands of doses of powerful painkillers, such as fentanyl and oxycodone, without regard to medical necessityRead the Press Release
A Port Clinton physician was indicted in federal court for allegedly prescribing thousands of doses powerful painkillers such as fentanyl, oxycodone, hydrocodone, morphine, and other drugs, without regard to medical necessity, as well as healthcare fraud.
William R. Bauer, 82, was indicted on 200 counts of distribution of controlled substances and 14 counts of healthcare fraud.
According to the indictment:
Bauer, between 2007 through this year, repeatedly prescribed controlled substances outside the usual course of professional practice and not for a legitimate medical purpose. This included the following conduct: performing inadequate examinations and gathering inadequate medical histories; failing to establish an objective pain diagnosis; failing to consider non-opioid treatment options; prescribing high doses of opioids to patients without regard to any improvement in pain level, function or quality of life; failing to consider a patient’s state of addiction; ignoring signs and warnings that patient family members were stealing substances prescribed to the patients; ignored warning letters about improper prescribing; patients running out of pills from overuse and frequently requesting early refills, and other actions, according to the indictment.
The indictment details approximately 200 times that Bauer improperly distributed controlled substances to seven patients between 2015 and 2018. The substances allegedly improperly distributed include fentanyl, oxycodone, hydrocodone, tramadol, methadone and others.
In addition to overprescribing opioids and other controlled substances to patients, Bauer also regularly administered epidural injections and trigger point injections involving large cumulative doses of methylprednisolone without medical necessity.
These injections failed to meet procedural requirements because he did not use an adequate level of imaging to monitor the placement of needles in the spine. By failing to use appropriate imaging, Bauer could not determine if the injection was properly administered and thus reimbursable by insurance. The imaging he did use did document improper needle placement, rendering the injections ineffective for its stated purpose and, therefore, fraudulently billed to insurers, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
“This physician is accused of recklessly prescribing thousands of doses of fentanyl and other painkillers to people for no legitimate medical purpose,” U.S. Attorney Justin Herdman. “We will pursue doctors who flood our streets with pills and patches just as aggressively as we do the cartels and drug traffickers who seek to profit from the drug epidemic here in Ohio.”
“Physicians take an oath to do no harm, but Dr. Bauer pursued greed over his oath,” said FBI Special Agent in Charge Eric B. Smith. “The FBI will continue efforts to root out physicians that are contributing to the daily addiction epidemic we face and hold them accountable.”
“It’s a terrible betrayal of the public-trust when professionals like Dr. William Bauer are engaged in corrupt practices, to include the diversion of controlled substances,” said Acting Special Agent in Charge Keith Martin. “DEA and our law enforcement partners will continue to seek-out drug-dealing physicians and other corrupt health-care practitioners and bring them to justice.”
“Every pill mill that we shut down is a win for addiction recovery efforts in our communities,” Ohio Attorney General Dave Yost said. “My office and our partners at the local, state and federal levels are determined to root out these operations so they can be held accountable for their roles in this crisis.”
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Department of Health and Human Services – Office of Inspector General and the Ohio Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorney Gene Crawford and Executive Assistant U.S. Attorney Ava R. Dustin.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Pittsburgh Felon Charged with Illegally Possessing Multiple Drugs and Four Firearms, Including One Concealed in a Child’s Toy BoxRead the Press Release
PITTSBURGH, PA – A former resident of Pittsburgh, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of federal drug and firearms violations, United States Attorney Scott W. Brady announced today.
The four-count Indictment names Edward Johnson, 32, as the sole defendant.
According to the Indictment, on September 20, 2018 Johnson possessed with intent to distribute 28 grams or more of cocaine base, commonly referred to as crack, as well as quantities of heroin, fentanyl, and ketamine. In addition to the narcotics violations, the Indictment alleges that Johnson unlawfully possessed two pistols in furtherance of the drug offense, after having sustained a prior felony conviction. The Indictment further alleges that, on July 25, 2019, Johnson unlawfully possessed two additional firearms, including an AR-pistol, which according to a Criminal Complaint that was filed on July 25, 2019, was concealed in a child’s toy box. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
The law provides for a maximum total sentence of life in prison, a maximum total fine of $6,750,000, 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. The defendant remains in custody, pending the resolution of this case.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case. This case was brought under Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Sentenced to 5 Years in Prison for Drug and Gun Law ViolationsRead the Press Release
JOHNSTOWN, Pa. – A resident of Philadelphia, Pa., has been sentenced in federal court to five years (60 months) in prison and four years of supervised release on his conviction of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Robert L. Green, 41.
According to information presented to the court, on July 27, 2018, Green possessed with intent to distribute more than 28 grams of cocaine base, commonly known as "crack," and a quantity of fentanyl. Also, on July 27, 2018, he was found in possession of a Harrington & Richardson .32 caliber revolver and a Smith & Wesson .380 caliber handgun. On April 12, 2004, Green was convicted in the Court of Common Pleas of Philadelphia County, Pa., of robbery, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
U.S. Attorney Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Johnstown Police Department for the investigation that led to the successful prosecution of Green.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pennsylvania Man and California Woman Charged with Drug and Firearms CrimesRead the Press Release
SYRACUSE, NEW YORK – Kyle Leeper, 35, of Pennsylvania and Arlene Rodriguez, 35, of Almonte, California appeared today in federal court in Syracuse on an indictment charging them with conspiracy to possess with intent to distribute and distribution of methamphetamine, and firearms offenses, announced United States Attorney Grant C. Jaquith, James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division.
The indictment unsealed today charges Leeper and Rodriguez with conspiring to distribute and possess with intent to distribute methamphetamine in Cortland, New York, and elsewhere. The indictment also charges both defendants with using and carrying a firearm in connection with drug trafficking crimes, and charges Kyle Leeper with being a prohibited person in possession of a firearm and ammunition.
The drug conspiracy charge and drug possession charge against both Leeper and Rodriguez carry minimum sentences of 10 years, and a maximum sentence of life imprisonment, as well a fine of up to ten million dollars, and a term of supervised release of at least five years, and up to life. If convicted of the charge of using and carrying a firearm in connection with a drug trafficking crime, Leeper and Rodriguez could be sentenced to a mandatory consecutive sentence of five years in prison. If convicted of being a prohibited person in possession of a firearm and ammunition, Kyle Leeper could be sentenced to up to ten years in prison and a fine of up to $250,000.00. 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.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Kyle Leeper and Arlene Rodriguez were arraigned today in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks and were ordered detained pending a trial before United States District Court Judge David N. Hurd.
This case is being investigated by the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Cortland County (New York) Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Richard Southwick and Thomas Sutcliffe, with assistance from the Cortland County District Attorney’s Office.
Omaha Man Sentenced for Sex TraffickingRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on August 20, 2019, Terrance Terrell Jackson, Sr., age 40, was sentenced to seven years in prison to be followed by seven years of supervised release for sex trafficking involving force. United States District Court Judge Rebecca Goodgame Ebinger sentenced Jackson.
The conviction was the result of an investigation conducted by the Federal Bureau of Investigation’s Child Exploitation Task Force. On May 11, 2018, an undercover law enforcement officer responded to an advertisement on an internet website offering sexual services from a person identified as “Savannah.” A meeting was arranged between “Savannah” and the undercover officer at a hotel in Lincoln, Nebraska. “Savannah” arrived at the agreed to location and was arrested by law enforcement.
Law enforcement determined Jackson had placed the ad that offered the services of “Savannah” and had driven her to Lincoln, Nebraska to meet the undercover officer. Investigation revealed Jackson had been offering the services of “Savannah” by placing ads on internet web sites beginning in late 2017. When a date was arranged, Jackson transported “Savannah” to the agreed to location, including locations in Omaha, Nebraska and Council Bluffs, Iowa for acts of prostitution. The investigation determined Jackson had physically assaulted “Savannah” to ensure she would participate in acts of prostitution, having injured her seriously enough to have her hospitalized on several occasions.
The investigation was done by the FBI’s Child Exploitation Task Force; Lincoln, Nebraska, Police Department; Omaha, Nebraska, Police Department; and the Council Bluffs, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Ohio Man Convicted of $2 Million Investment Fraud SchemeRead the Press Release
BOSTON – An Ohio man was convicted yesterday in connection with a decade-long investment fraud scheme in which he defrauded more than 40 people of more than $2 million, and concealed more than 20 vehicles purchased with victim funds.
Stephan Kuljko Jr., 60, of Stow, Ohio, was convicted by a federal jury after a two-week trial of four counts of wire fraud and one count of obstruction of justice. U.S. Senior District Judge Mark L. Wolf scheduled sentencing for Nov. 6, 2019.
From 2006 through 2017, Kuljko spun a false story about himself as a wealthy man who won millions in the Ohio Lottery that he turned into hundreds of millions by investing in a Texas oil business and casinos. Kuljko solicited money from people by telling them that his vast fortune had been frozen in a bank account because of problems with the IRS, and that he needed money to pay for lawyers and to travel around the world to try to free up those funds. Kuljko operated his scheme mostly behind the scenes, using an associate in Arizona to solicit funds. Victims were promised huge returns, in many cases more than a million dollars for providing tens of thousands to assist Kuljko. The scheme also involved soliciting money to obtain and market what Kuljko represented as an extremely valuable, large uncut emerald. As with his other representations, the emerald deal was fictitious. In fact, the evidence at trial established that Kuljko had never won the lottery or invested in any Texas oil venture, had no bank account nor hundreds of millions of dollars, and the IRS was not tying up any of his money. Kuljko instead worked out of his home, buying and selling things like used snow blowers and rototillers.
The maximum sentence under the mail and wire fraud statutes is 20 years in prison, three years of supervised release and a $250,000 fine or twice the gross gain/loss, whichever is greater. The maximum sentence under the obstruction of justice statute is 10 years in prison, three years of supervised release and a $250,000 fine or twice the amount of the criminally derived property in the transaction, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorneys Victor A. Wild and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Nineteen Charged in Heroin ConspiracyRead the Press Release
OKLAHOMA CITY – Nineteen individuals have been charged in an indictment unsealed today with conspiring to distribute multiple kilograms of heroin and methamphetamine from sources in Mexico and elsewhere, announced U.S. Attorney Timothy J. Downing. As of today, federal, state, local, and tribal law enforcement officers have arrested 17 of these defendants as part of an operation that involved executing fourteen search warrants and seizing firearms, illegal drugs, and U.S. currency.
"Consistent with this administration’s prioritization of opioid enforcement, the U.S. Attorney’s Office will work closely with law enforcement to keep heroin off of Oklahoma streets," said U.S. Attorney Downing. "I could not be more pleased about this successful series of arrests and the cooperation among law enforcement that makes an operation of this sort possible."
"Today is a great day for the citizens of Oklahoma," said Clyde E. Shelley, Jr., Special Agent-in-Charge of the Dallas Field Division of the Drug Enforcement Administration. "The DEA, along with partners from numerous federal, state, local, and tribal law enforcement agencies, have dismantled a heroin trafficking organization responsible for distributing large amounts of this dangerous drug across the state of Oklahoma."
John P. Scott, Assistant Special Agent-in-Charge of DEA’s Oklahoma District, said: "This case is a perfect example of the outstanding collaboration and partnerships that the law enforcement community has here in the state of Oklahoma. This case was developed over the last two years, spanning multiple states and judicial districts. It would not have been possible without the efforts of the case agents, task force officers, and prosecutors who work tirelessly to rid our community of those determined to make money off of selling drugs that devastate communities and destroy lives."
The defendants charged in the indictment are:
- Juan Rocha-Teran, 33
- Daniel Gonzalez-Herrera, 28
- Victor Legorreta-Torres, 33
- Angel Artemio Gonzalez, 20
- Nicole Burkhammer, 24
- Samuel Purkhiser, 29
- Brittany Blake, 29
- Carlos De Leon, 29
- Mariano Contreras-Acosta, 51
- Edward Owens, 35
- Joshua Keenan Williams, 28
- Neri Estuardo Sanchez-Mijangos
- Kelsey Taylor, 22
- Jeff Burke, 30
- Christian Dusenberry, 23
- Damon Colclasure, 44
- Haylee Butler, 23
- Weston Guinn, 32
- Rosalynn Zaragoza, 19
Defendants Rocha-Teran, Gonzalez-Herrera, Legorreta-Torres, Artemio Gonzalez, De Leon, and Sanchez-Mijangos are citizens of Mexico.
According to the indictment, from December 2015 to the present, each defendant was a member of a conspiracy that distributed one kilogram or more of heroin and 500 grams or more of methamphetamine. It is alleged that Rocha-Teran, Legorreta-Torres, Artemio Gonzalez, De Leon, Contreras-Acosta, and Sanchez-Mijangos acquired multiple kilogram and pound quantities of heroin and methamphetamine from sources in California, Nevada, Mexico, Texas, and elsewhere for re-distribution in the Oklahoma City area. Certain conspirators allegedly stored the drugs at specific addresses in Oklahoma City. They are alleged to have used coded language in cell phone conversations to facilitate the distribution.
In addition to one count of conspiracy, the indictment charges various defendants in 37 counts of possession with intent to distribute, 17 counts of using a telephone to facilitate a drug felony, and four counts of maintaining a premises for the purpose of distributing drugs.
On August 20, officers from a variety of federal, state, local, and tribal law enforcement agencies executed a coordinated series of arrests and searches in Oklahoma and Nevada. Including first responders, more than 200 personnel were involved in the operation. The August 20 takedown resulted in 14 arrests in various parts of Oklahoma. One additional defendant was arrested today. All fifteen of these defendants are being arraigned this afternoon at 1:00, 2:00, and 3:00 before U.S. Magistrate Judge Shon T. Erwin. In addition, Contreras-Acosta was arrested on August 6 in Texas and is being held in the Dallas County Jail, and De Leon was arrested on August 14 in Oklahoma City and is been held in the Oklahoma County Jail.
Defendants Angel Artemio Gonzalez and Rosalynn Zaragoza have not been apprehended and are considered fugitives. Law enforcement believes Artemio Gonzalez is in the Ontario, California, area and that Zaragoza is in the Oklahoma City area.
In the course of arresting defendants, law enforcement officers have seized a total of more than 16 pounds of heroin, more than three pounds of methamphetamine, eight firearms, and approximately $30,000 in U.S. currency. The amount of heroin seized is the equivalent of approximately 30,000 individual doses.
The following agencies assisted in bringing these defendants into custody and searching locations associated with them:- Broken Arrow Police Department
- Bureau of Alcohol, Tobacco, Firearms & Explosives
- Bureau of Indian Affairs
- Canadian County Sheriff’s Office
- Chickasaw Nation Lighthorse Police Department
- Choctaw Police Department
- Duncan Police Department
- Edmond Police Department
- El Reno Police Department
- Grady County Sheriff’s Office
- Mesquite, TX Police Department
- Moore Police Department
- Norman Police Department
- Oklahoma Bureau of Narcotics
- Oklahoma City Police Department
- Oklahoma County District Attorney’s Office
- Oklahoma County Sheriff’s Office
- Oklahoma District 18 Task Force
- Oklahoma District 21 Task Force
- Oklahoma District 23 Task Force
- Oklahoma Highway Patrol
- Ontario, California, Police Department, Career Criminal Division
- Oregon State Police
- Rogers County District Attorney’s Office
- Seminole Nation Lighthorse Police Department
- Texas Department of Public Safety
- Tulsa County Sheriff’s Office
- Tulsa Police Department
- U.S. Immigration and Customs Enforcement (Enforcement and Removal Operations)
- U.S. Marshals Service
- Yukon Police Department
If found guilty of conspiracy, each defendant faces up to life in prison and a minimum mandatory sentence of ten years, as well as supervised release of up to life and a fine of up to $10,000,000. Convictions on counts charging possession with intent to distribute would carry maximum sentences of 20 years, 40 years, or life, depending on the drug amounts alleged in each count. Each count of using a telephone to facilitate a drug felony would carry a maximum sentence of four years upon conviction. And a conviction on the counts charging maintaining a drug-involved premises would carry a maximum sentence of 20 years.
This indictment is the result of an investigation by the Drug Enforcement Administration. The case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force ("OCDETF"), which coordinates the investigation and federal prosecution of the highest priority drug trafficking organizations. This prosecution also falls within the parameters of the Western Oklahoma Opioid Enforcement Team, which brings together federal, state, and tribal law enforcement to focus on attacking illegal opioids, such as heroin. The case is being prosecuted by Assistant U.S. Attorneys David P. Petermann and Matthew P. Anderson.
The public is reminded that these charges are merely allegations and that each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.New Orleans Man Pleads Guilty for Armed Robbery SpreeRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JAMES RAIFORD, age 26, of New Orleans, pleaded guilty on Tuesday, August 20, 2019 to five counts of violating the Hobbs Act by committing and attempting to commit robberies of local New Orleans businesses. RAIFORD also pleaded guilty to two counts of possessing a firearm in furtherance of a crime of violence.
Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department conducted an investigation into armed robberies occurring at various businesses located in New Orleans, Louisiana during April of 2018. On April 17, 2018, RAIFORD robbed the Boost Mobile cellular telephone store located at 7058 Read Boulevard, while in possession of a firearm. On April 19, 2018, RAIFORD robbed the Boost Mobile cellular telephone store located at 5741 Crowder Boulevard, while in possession of a firearm. On April 19, 2018, RAIFORD robbed the Dollar General store located at 11020 Morrison Road, while in possession of a firearm. On April 24, 2018, RAIFORD robbed the Kwik Pik gas station and convenience store located at 10040 Morrison Road, while in possession of a firearm. The last robbery occurred on April 25, 2018, at the Boost Mobile cellular telephone store located at 2277 St. Claude Avenue. RAIFORD was in possession of a firearm during the robbery.
NOPD detectives identified RAIFORD from surveillance camera footage recovered from the stores. A search of RAIFORD’s cellular telephone showed that RAIFORD researched the robberies after he committed them.
The Honorable Wendy B. Vitter, United States Judge of the Eastern District of Louisiana, will sentence RAIFORD on November 12, 2019. For violating the Hobbs Act, RAIFORD faces a maximum penalty of 20 years, a fine up to $250,000.00, at least 3 years of supervised release, and a mandatory special assessment of $100.00. As it relates to possession of firearm during and in relation to a crime of violence, RAIFORD faces a mandatory minimum sentence of 120 months, to run consecutive to the sentence that the court will impose for violating the Hobbs Act, a fine up to $250,000.00., a period of supervised release up to 5 years, and a mandatory special assessment of $100.00.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Peter G. Strasser praised the work of the New Orleans Department and the Bureau of Alcohol, Tobacco, and Firearms in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
New Orleans East Resident Sentenced in Conspiracy to Sell Heroin and FentanylRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that LANCE STOVALL, a/k/a “Lele,” a/k/a “Allen,” age 29, of New Orleans, was sentenced today after pleading guilty to conspiring to distribute 100 grams or more of heroin and a quantity of fentanyl.
United States District Judge Sarah S. Vance sentenced STOVALL to 108 months of imprisonment followed by 4 years of supervised release.
According to court records, during the timeframe of the charged drug conspiracy, STOVALL conspired with codefendants Jonathan LAWRENCE, Brandon HALL, Dwayne LABRANCH, Aloysius KORIEOCHA, Brian MAXSON, Donald MARCELIN, Vonzo MAGEE, and others, to distribute heroin and fentanyl throughout the New Orleans area. These individuals were members of a drug-trafficking organization that operated primarily in the Eastside Hollygrove neighborhood of New Orleans. Collectively, the group referred to their neighborhood as “The Zoo,” a name derived from a popular rap song and video filmed in the neighborhood. Each of the eight defendants has been linked to drug activity in Eastside Hollygrove through law enforcement controlled purchases, Title III wire and electronic interceptions, witness statements, drug seizures, and other evidence. Each of the eight defendants in this case has pleaded guilty. Thus far, MARCELIN, KORIEOCHA, HALL, LABRANCH, and STOVALL have been sentenced.
U.S. Attorney Strasser praised the work of the FBI New Orleans Gang Task Force (NOGFT), which led this investigation and was assisted by the Drug Enforcement Administration, New Orleans Police Department, St. Tammany Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office. Assistant United States Attorneys Brandon S. Long, David Haller, and Edward Rivera are in charge of the prosecution.
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New Castle Doctor Pleads Guilty to Illegally Prescribing and Distributing Oxycodone, Fentanyl, and Opana ERRead the Press Release
PITTSBURGH - A resident of New Castle, Pennsylvania pleaded guilty in federal court to charges of unlawfully prescribing and distributing controlled substances, United States Attorney Scott W. Brady announced today.
Dr. Thomas A. Ranieri, 66, pleaded guilty to 14 counts before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Ranieri was a physician who previously practiced as an anesthesiologist and pain doctor in clinics located in New Castle, Pennsylvania and multiple locations in Ohio. From January 2, 2013 to June 26, 2013, Dr. Ranieri prescribed and distributed quantities of Schedule II controlled substances (i.e., Oxycodone, Fentanyl, and Opana ER) outside the usual course of professional practice and without a legitimate medical purpose.
Judge Cercone scheduled sentencing for January 14, 2020 at 11:30 a.m. The law provides for a total per count sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Ranieri on bond.
Assistant United States Attorney Stephanie L. Haines and Colin J. Callahan are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Health and Human Services Office of Inspector General, Internal Revenue Service - Criminal Investigation, and the Pennsylvania Office of Attorney General Medicaid Fraud Control Section conducted the investigation that led to the prosecution of Ranieri.
Morris County Man Admits Possessing Bombs and Being Felon in Possession of GunsRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man admitted today possessing bombs, precursor materials, and being a felon in possession of guns, U.S. Attorney Craig Carpenito announced.
Christopher Faschan, 31, of Landing, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court to an information charging him with one count of unlawful possession of destructive devices and one count of being a felon in possession of firearms and ammunition.
According to documents filed in this case and statements made in court:
On Feb. 1, 2019, Faschan drove to the home of a person identified in court documents as “Individual 1” in Stanhope, New Jersey, and displayed what he claimed to be a bomb. Shortly thereafter, Faschan detonated the bomb in the area of Lake Lackawanna in Stanhope.
On Feb. 4, 2019, law enforcement agents interviewed Faschan, who said that he had ignited the bomb. He described it as two pounds in weight and explained how he used and mixed Potassium Perchlorate, Aluminum Powder, and Tannerite to make several bombs that were in his home.
Law enforcement agents executed a court-authorized search of Faschan’s home and recovered a cache of weapons, ammunition, and firearms, including:
Firearms, Ammunition, and Large Capacity Magazines
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9mm Smith and Wesson semi-automatic, Model 5, high-capacity handgun;
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9mm Fabrique Nationale Herstal semi-automatic handgun, Model FNX-9;
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Mossberg 12-Gauge shotgun, Model 500;
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Savage .22 Caliber long rifle, Model 64;
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Sturm Ruger .22 Caliber handgun, Model Mark 1;
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.556 Caliber ammunition magazine with a 100-round capacity;
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Numerous pistol magazines loaded with 9mm hollow-point rounds.
Explosive Devices and Precursor Materials
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Device One, which contained explosive material inside a black container with BB fragmentation, and a green fuse protruding from the device in order to initiate the destructive device;
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Device Two, which contained several containers of lighter fluid affixed around explosive material in the center with a fuse protruding from the device.
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Four plastic containers labeled “exploding targets” containing a substance that appears to be Ammonium Nitrate;
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One package labeled “Thermite” containing separated chemicals;
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One container containing dark-colored powder labeled “Indian Dark;”
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One unlabeled plastic bag containing fine, dark-colored powder;
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One clear plastic container labeled “German Ecartk aluminum powder,”
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One plastic container labeled “Potassium Perchlorate;”
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Three mason jars containing a white substance labelled “KC104;”
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One package of Hobby Fuse;
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Two plastic containers containing sphere-shaped, gray energetic pellets;
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One red and white can labeled “FFg super fine black rifle powder;”
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Thirteen homemade MSeries pyrotechnic devices;
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Four improvised pyrotechnic shot shells;
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One Box labelled “10 flash banger rounds 37MM” containing 17 pyrotechnic shot shells;
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One plastic container containing suspected black powder;
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One plastic container containing dark colored fine powder;
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One bag containing electrical initiators.
U.S. Attorney Carpenito credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Charlie J. Patterson in Newark; special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; officers of the Byram Police Department, under the direction of Chief Peter J. Zabita; the Roxbury Police Department, under the direction of Chief Marc Palanchi; the Sussex County Prosecutor’s Office, under the direction of Prosecutor Francis A. Koch; officers of the Morris County Sheriff’s Office, under the direction of Sheriff James M. Gannon; and officers of the Morris County Prosecutor’s Office, under the direction of Prosecutor Frederic M. Knapp, with the investigation leading to the charges.
The counts of possession of a destructive device and possession of firearms by a previously convicted felon each carry a maximum penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Nov. 25, 2019.
The government is represented by Assistant U.S. Attorney Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit.
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Michigan Man Sentenced to Federal Prison for Heroin ConspiracyRead the Press Release
A man traveling from Detroit, Michigan to Mason City, IA to deliver heroin was sentenced Tuesday, August 20, 2019 to more than 10 years in federal prison.
Keith Bernard Tucker, age 51, from Detroit, Michigan received the prison term after pleading guilty to conspiracy to distribute 100 grams or more of heroin, possession with intent to distribute 100 grams or more of heroin, possession of a firearm in furtherance of drug trafficking crime, and possession of a firearm by a drug user.
At his plea hearing held on March 20, 2019 before United States Magistrate Judge Mark A. Roberts, Tucker admitted he was traveling from Detroit, MI to Mason City, IA in a rental car on December 31, 2018 when he was stopped by law enforcement. He admitted at the time of the traffic stop to having a firearm in the vehicle. Law enforcement located approximately 297.9 grams of heroin in a backpack in the trunk of Tucker’s rental car. Tucker admitted to owning the heroin and admitted his intention to deliver the heroin to Mason City residents. After being arrested, law enforcement discovered a tissue with marijuana in Tucker’s sock. Tucker admitted to being under the influence of marijuana while possessing a firearm.
Tucker was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Tucker was sentenced to 120 months’ imprisonment and fined $400. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Floyd County Sheriff’s Department, the Mason City Police Department, Iowa Department of Narcotics Enforcement, and the North Central Iowa Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2003.
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