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Monday 19 August 2019
Orthodontist Indicted for Bribery and Fraud Scheme with Former Arkansas State SenatorRead the Press Release
An orthodontist who owned several businesses that operated orthodontic clinics in Arkansas was indicted for perpetrating a bribery and fraud scheme involving former Arkansas State Senator Jeremy Hutchinson, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Duane "DAK" Kees for the Western District of Arkansas.
Benjamin Gray Burris, 47, of Windermere, Florida, was charged today in the Western District of Arkansas with 14 counts of honest services wire fraud and one count of conspiracy to commit honest services wire fraud. Burris’s arraignment will be scheduled at a later date.
As alleged in the indictment, beginning in or about February 2014, Burris and Hutchinson devised a scheme in which Burris hired and retained Hutchinson as an attorney and paid Hutchinson retainer payments in exchange in part for Hutchinson to take official action as an Arkansas legislator to benefit Burris and his orthodontic companies. Between February 2014 and November 2016, Burris paid Hutchinson, through Hutchinson’s law firm, approximately $157,500 and provided Hutchinson with gifts including free orthodontic services for his family and the use of a private plane to travel to a college football game. Hutchinson, in return, used his official position as a state senator to draft and file legislation to amend a law restricting dental practices that Burris wanted to change. In addition, Hutchinson advised and influenced members of the Arkansas Department of Human Services to expedite the approval of Medicaid applications for physician employees of Burris’s clinics.
On June 25, 2019, Hutchinson, 45, of Little Rock, Arkansas, pleaded guilty to one count of conspiracy to commit federal program bribery in the Eastern District of Arkansas, before U.S. District Judge Kristine G. Baker, for his role in this scheme. Hutchinson’s sentencing has not yet been scheduled.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Little Rock Field Office investigated the case. The case is being prosecuted by Trial Attorneys Sean F. Mulryne and Marco A. Palmieri of the Criminal Division’s Public Integrity Section, and Assistant U.S. Attorneys Aaron Jennen and Ben Wulff of the Western District of Arkansas.
Orthodontist Indicted for Bribery and Fraud Scheme with Former Arkansas State SenatorRead the Press Release
Fayetteville, AR — Benjamin Gray Burris, an orthodontist who owned several businesses that operated orthodontic clinics in Arkansas, was indicted today for perpetrating a bribery and fraud scheme involving former Arkansas State Senator Jeremy Hutchinson, announced U.S. Attorney Duane (DAK) Kees for the Western District of Arkansas and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
Burris, 47, of Windermere, Florida, was charged today in the Western District of Arkansas with 14 counts of honest services wire fraud and one count of conspiracy to commit honest services wire fraud. Burris’s arraignment is scheduled for September 11, 2019, in the Western District of Arkansas.
As alleged in the indictment, beginning in or about February 2014, Burris and Hutchinson devised a scheme in which Burris hired and retained Hutchinson as an attorney and paid Hutchinson retainer payments in exchange in part for Hutchinson to take official action as an Arkansas legislator to benefit Burris and his orthodontic companies. Between February 2014 and November 2016, Burris paid Hutchinson, through Hutchinson’s law firm, approximately $157,500 and provided Hutchinson with gifts including free orthodontic services for his family and the use of a private plane to travel to a college football game. Hutchinson, in return, used his official position as a state senator to draft and file legislation to amend a law restricting dental practices that Burris wanted to change. In addition, Hutchinson advised and influenced members of the Arkansas Department of Human Services to expedite the approval of Medicaid applications for physician employees of Burris’s clinics.
On June 25, 2019, Hutchinson, 45, of Little Rock, Arkansas, pleaded guilty to one count of conspiracy to commit federal program bribery in the Eastern District of Arkansas, before U.S. District Judge Kristine G. Baker, for his role in this scheme. Hutchinson’s sentencing has not yet been scheduled.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI investigated the case. The case is being prosecuted by Assistant U.S. Attorneys Aaron Jennen and Ben Wulff of the Western District of Arkansas and trial Attorneys Sean F. Mulryne and Marco A. Palmieri of the Criminal Division’s Public Integrity Section.
Nigerian Man Sentenced to Prison for Role in $8.3 Million Medicare Fraud Scheme and Related Money LaunderingRead the Press Release
A Nigerian man was sentenced to 46 months in prison today for his role in a durable medical equipment (DME) scheme in which more than $8 million was fraudulently billed to Medicare for DME that was not medically necessary.
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 B. DeFrancesca of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Los Angeles Regional Office, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division and Special Agent in Charge Ryan L. Korner of IRS Criminal Investigation (IRS-CI) Los Angeles Field Office made the announcement.
Ayodeji Temitayo Fatunmbi, 47, of Nigeria, was sentenced to 46 months in prison by U.S. District Judge Christina A. Snyder of the Central District of California, who also ordered Fatunmbi to pay $1,076,893.15 in restitution. Fatunmbi pleaded guilty on May 8, 2019 to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering.
Fatunmbi was charged along with Olufunke Ibiyemi Fadojutimi, 47, of Carson, California, and Maritza Elizabeth Velasquez, 44, of Las Vegas, Nevada.
As part of his guilty plea, Fatunmbi admitted that he and others paid cash kickbacks to patient recruiters and physicians for fraudulent prescriptions for DME such as power wheelchairs, which the Medicare beneficiaries did not have a legitimate medical need. Fatunmbi and co-conspirators caused Lutemi Medical Supply (Lutemi), a DME supply company that he co-ran, to submit approximately $8.3 million in claims to Medicare, which resulted in the company being paid over $3.5 million. Fatunmbi further admitted that he was responsible for $2,090,434 in false and fraudulent claims for medically unnecessary DME and that as a result of his conduct, Medicare paid Lutemi a total of $1,076,893. In furtherance of this scheme, Fatunmbi and a co-conspirator wrote checks from Lutemi’s bank account to Lutemi employees and others, and Fatunmbi instructed that those monies be returned to him to pay the illegal cash kickbacks to the patient recruiters and doctors, he admitted. Fatummbi admittedly directed others at Lutemi to engage in these tranactions to conceal the nature and source of the proceeds of the health care fraud conspiracy.
Velasquez pleaded guilty on July 24, 2013, to one count of conspiracy to commit health care fraud, and was sentenced to 15 months in prison and restitution in the amount of $3,411,428. Fadojutimi was found guilty after a jury trial on July 31, 2014, of one count of conspiracy to commit health care fraud, seven counts of health care fraud and one count of money laundering, and was sentenced to four years in prison and restitution in the amount of $4,372,466.
This case was investigated by the HHS-OIG, the FBI and IRS-CI. Trial Attorneys Claire Yan, Emily Z. Culbertson and Justin P. Givens of the Criminal Division’s Fraud Section are prosecuting the case. The Asset Forfeiture Section of the U.S. Attorney’s Office for the Central District of California is handling the asset forfeiture aspects of the case.
The Fraud Section leads the Medicare Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. 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 HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Monroe resident sentenced to 6 years in prison for possessing two sawed-off shotgunsRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Nelson Bell Jr., 52, of Monroe, was sentenced today to 72 months in prison and three years of supervised release U.S. District Judge Terry Doughty for possessing two sawed-off shotguns. He previously pleaded guilty to the federal charges on April 9, 2019.
Monroe Police went to Bell’s home on October 23, 2017, in response to a complaint. The officers determined that Bell had fired a gun in the living room, hitting a couch across from where his wife was sitting, and then went outside and fired a shot into the air. Officers found an ejected shell from the firearm on the living room floor and two shotguns, an Ithaca shotgun, Model 37, 12 gauge and a Browning shotgun, Model Light Twelve 12 gauge. Law enforcement agents measured the barrels of both shotguns and found they measured less than 18 inches in length, the minimum length required by law. Bell admitted to possessing the firearms, and that he was aware they were below the legal barrel length and not registered as required by law. Under federal law, shotguns with barrels shorter than 18 inches must be registered.
The ATF and the Monroe Police Department conducted the investigation. Assistant U.S. Attorney Tennille M. Gilreath prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods 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.
Methamphetamine Dealer Sentenced to 160 Months in Federal PrisonRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Jason Michael Clark, age 46, of Spokane, Washington, was sentenced after having pleaded guilty on May 30, 2019, to possession with intent to distribute 50 grams or more of methamphetamine. Senior United States District Judge Robert H. Whaley sentenced Clark to a 160-month term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, members of the Spokane Police Department, Patrol Anti-Crime Team (“PACT”) encountered Clark leaving a residence as they were arresting another individual who had an outstanding warrant. Officers subsequently determined that Clark left a backpack in the residence’s driveway. A search of Clark’s abandoned backpack revealed that it contained over 50 grams of methamphetamine and drug-trafficking paraphernalia.
United States Attorney Hyslop said, “The federal, state and local law enforcement agencies who worked on this case should be commended for their ongoing commitment to investigate aggressively individuals trafficking in methamphetamine. The United States Attorney’s Office for the Eastern District of Washington will similarly continue its ongoing commitment to prosecute methamphetamine traffickers and to seek appropriate punishment for their criminal conduct.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Federal Bureau of Investigation, Spokane Regional Safe Streets Task Force, the Spokane Police Department PACT, the Spokane County Sheriff’s Office, and the Kootenai County Sheriff’s Office. This case was prosecuted by Patrick J. Cashman, an Assistant United States Attorney for the Eastern District of Washington.
Manchester Felon Pleads Guilty to Illegal Firearm PossessionRead the Press Release
CONCORD - Christopher D. Mann, 35, of Manchester, pleaded guilty in federal court to unlawfully possessing a firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on April 16, 2019, the United States Marshals Service executed an arrest warrant for Mann having violated supervised release from a prior offense. Mann was arrested in a vehicle that was owned by Mann's girlfriend. At the time of the arrest, the deputy Marshal seized a Glock .357 caliber handgun from the passenger seat where Mann had been sitting. In addition, the deputy Marshal seized from Mann's pocket two magazines of ammunition for the handgun that was found on seat.
Mann was prohibited from possessing any firearms or ammunition as a result of at least one prior felony conviction.
Mann is scheduled to be sentenced on November 22, 2019.
“In order to keep our communities safe, federal law prohibits convicted felons from possessing firearms,” said U.S. Attorney Murray. “Thanks to the excellent enforcement work of the U.S. Marshals Service, this convicted felon was disarmed.”
This matter was investigated by the United States Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Jennifer Cole Davis.
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Manager of Insurance Broker Pleads Guilty in Seven-Year Embezzlement SchemeRead the Press Release
NEWS RELEASE SUMMARY – August 19, 2019
SAN DIEGO – A Ramona woman, who for ten years worked as the operations manager for a San Diego-based insurance broker, admitted today to participating in a scheme to defraud her employer of over $700,000. The scheme lasted over seven years and involved hundreds of fraudulent checks written to herself and a family member.
During a hearing this morning before U.S. District Judge Thomas J. Whelan, the defendant, Antonia Barber, pleaded guilty to one felony count of Wire Fraud.
According to her plea agreement, Barber, 51, worked as the operations manager for a local insurance brokerage firm from 2005 until June 2015. In that job, she had significant discretion over the finances of the company, and was responsible for approving expense reimbursement requests. Abusing her position, she caused hundreds of checks to be written by the company to a family member, purportedly for “records management,” when in fact such services were not provided. Additionally, she caused hundreds of checks to be written by the company to herself personally, purportedly for expense reimbursements – expenses which in fact she had not incurred. The defendant admitted that the total loss in connection with these fraudulent checks was approximately $726,000 over the course of the seven-year scheme.
“The business owners in our community have a right to the honest services of their employees,” said United States Attorney Robert S. Brewer, Jr. “Stealing from your employer, whether done in a subtle manner over a period years or a brazen way, results in a negative hit to the bottom line that impacts competitiveness. It will not be tolerated.” “I also want to commend the Secret Service for their excellent investigation and AUSA Robert Huie for his leadership and tenacity during this investigation,” Brewer said.
“The U.S. Secret Service is committed to protecting our nation’s financial infrastructure, which includes stopping fraudulent activities like this wire and check fraud,” said Special Agent in Charge James E. Anderson Jr., of the U.S. Secret Service San Diego Field Office. “The Secret Service San Diego Field Office will continue to investigate individuals who utilize and take advantage of their position in an effort to defraud their employer.”
Barber is scheduled to be sentenced on December 9, 2019 at 9:00 a.m., before Judge Whelan.
DEFENDANT Case Number 18-CR-4028-W
Antonia Barber Ramona, CA Age: 51
SUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: 20 years’ imprisonment, $250,000 fine (or twice the pecuniary gain or loss), restitution and forfeiture.
AGENCIES
U.S. Secret Service
Man Sentenced to More than 8 Years in Prison for Illegally Importing, Selling Male Sexual Enhancement Pills Branded as ‘Herbal’ MedicineRead the Press Release
LOS ANGELES – A Walnut man was sentenced today to 100 months in federal prison for illegally importing from China and selling $11 million worth of pharmaceutical-grade erectile dysfunction drugs that were falsely marketed as herbal remedies for men, some of whom suffered permanent injuries after consuming them.
John Seil Lee, 41, was sentenced by United States District Judge Percy Anderson, who ordered him remanded into federal custody. Judge Anderson – who also ordered Lee to pay more than $552,000 in restitution to his victims, including men who were injured by Lee’s misbranded pills – remarked in court on Lee’s “callousness” and how Lee’s “scheme has literally ruined lives.”
“It’s obvious to me,” Judge Anderson said, “that this defendant has little or no respect for the law or the harm he caused numerous victims.”
On February 27, Lee pleaded guilty to three felony counts of conspiracy, importing contraband into the United States, and filing a false tax return.
Lee’s companies – KHK International Trade Enterprise, Inc., and SHH World Trading Enterprises, Inc. – each were sentenced today to five years’ probation. KHK was fined $100,000 and SHH was ordered to pay its victims $115,484 in restitution. Lee’s companies each pleaded guilty in February to two felony counts of introducing misbranded drugs into interstate commerce.
From 2011 through early 2017, Lee illegally imported shipments of powder Tadalafil – a prescription drug used to treat erectile dysfunction and sold under the brand name Cialis – from suppliers in China. Lee then manufactured the powder Tadalafil into at least 5.5 million pills that he sold to distributors across the United States. In order to boost sales, Lee made the pills with up to 14 times the level of Tadalafil contained in Cialis.
Lee sold at least $11 million worth of pills across the United States – under names such as “X Again,” “X Monster” and “Royal Master” – with labels that did not disclose the presence of Tadalafil and falsely stated that no prescription was necessary, according to court documents. Lee also continued selling the pills despite FDA announcements that the pills were tainted because they contained undeclared Tadalafil. In order to evade federal regulators, Lee relabeled the tainted pills in response to FDA announcements about their safety, the information states. For example, in August 2016, after the FDA announced that SHH’s “One More Knight” pills contained undisclosed Tadalafil, Lee rebranded the same pills as “Own the Knight” and continued selling them.
After Lee closed SHH following the execution of federal search warrants in February 2017, he helped his friend Jin Su Park set up RNG Global Management and Trading Group to operate as a copycat business, according to Park’s plea agreement and statements made in court today. Park took 14,000 of Lee’s pills, rebranded them as “EEZZY UP PLATINUM,” and sold them to Lee’s former distributors across the country. EEZZY UP’s packaging also failed to disclose that the pills contained Tadalafil.
The FDA’s approval of Cialis is limited to the use under the supervision of a licensed professional. Due to toxicity and other potentially harmful effects – including life-threatening drops in blood pressure, loss of vision, loss of hearing and prolonged, painful erections that can result in permanent injury – drugs similar to Cialis are not safe for use except under the supervision of a medical practitioner.
In addition to the convictions of Lee, KHK, and SHH, federal prosecutors have obtained 13 guilty pleas from individuals and companies who conspired with Lee to distribute his misbranded erectile dysfunction drugs. These defendants are scheduled to be sentenced by Judge Anderson over the next several months.
The investigation into these cases was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Food and Drug Administration’s Office of Criminal Investigations and IRS Criminal Investigation.
The cases are being prosecuted by Assistant United States Attorney Matthew W. O’Brien of the Environmental and Community Safety Crimes Section.
Hidden active pharmaceutical ingredients have been identified in products promoted not only for sexual enhancement, but also for bodybuilding, pain relief and weight loss. The FDA has issued hundreds of public warnings and recall announcements related to these types of fraudulent products. The FDA’s Tainted Products database can help consumers identify some of these potentially harmful products. Even if a product is not included in the list, consumers should be cautious about using certain products, especially those promoted for sexual enhancement, weight loss, bodybuilding and pain relief.
Lincoln Man Sentenced for Stealing Funds from His Elderly FatherRead the Press Release
United States Attorney Joe Kelly announced that Chief United States District Court Judge John M. Gerrard sentenced Craig A. Barnett, 62, of Lincoln, Nebraska, Thursday to a jail term of 16 months, a term of supervised release of three years and restitution of $277,000 for his conviction for wire and mail fraud.
During the six-year period from February 2010 through September 2016, Barnett misappropriated monies from his father’s various income sources including his Social Security benefits, his pension plan payouts and various investment funds that were to be used for the care of his elderly father. Barnett used the money for his own personal use and enjoyment.
As part of his scheme, Barnett had his father execute a power of attorney granting Barnett control over his father’s financial affairs. Barnett then used this power of attorney to steal his father’s personal funds, which were to be used to pay for his father’s care at an assisted-living facility where he resided. Some of these stolen funds were used by Barnett to purchase a new home and an automobile unbeknownst to his elderly father.
It was not until the Office of the Public Guardian for the State of Nebraska intervened on behalf of his father that the fraudulent conduct on the part of the defendant was discovered. As part of his sentence, Barnett is required to make restitution in the total amount of $277,000 to his father, the State of Nebraska, and the assisted-living facility where his father still resides.
This case was investigated by the United State Department of Labor, the Office of Inspector General for the Social Security Administration, the Nebraska Department of Health and Human Services and the Office of the Public Guardian for the State of Nebraska.
Lawrence Woman Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD – Karina Reyes, 29, of Lawrence, Massachusetts, pleaded guilty in federal court to distributing fentanyl as part of a seven-defendant narcotics case, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Reyes resided with a drug trafficker in Lawrence, Massachusetts, and sometimes provided translation services for him during telephone conversations about trafficking in fentanyl, including making arrangements for specific drug transactions in New Hampshire.
Reyes is scheduled to be sentenced on November 22, 2019
Co-defendants Billy Damuel Maldonado Cancel, Jose Hiram Martinez Rolon, Samuel Ramos, and Abelino Morales-Padilla previously pleaded guilty to fentanyl trafficking charges in the same case. .
“Those who participate in the trafficking of fentanyl will be arrested and prosecuted,” said U.S. Attorney Murray. “It is vital to the health and safety of the public that we disrupt the distribution of this lethal substance. Law enforcement at all levels is united in the effort to stop traffickers.”
This matter was investigated by the U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations, the New Hampshire State Police, and the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney John Davis.
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Lane County Man Pleads Guilty to Shooting at Endangered Gray WolfRead the Press Release
MEDFORD, Ore.—Colton Tony Dick, 22, of Oakridge, Oregon, pleaded guilty today to a single count of unlawfully taking an endangered species.
According to court documents, on October 5, 2016, using a rifle and scope, Dick shot at an endangered gray wolf without legal justification as the animal was walking away from him in the Fremont-Winema National Forest. Dick was unable to locate the wolf.
Although Dick did not admit to killing a gray wolf, an investigation began on October 6, 2016 when an adult female GPS-collared gray wolf known as “OR 28” was found dead in the Fremont-Winema National Forest near Summer Lake, Oregon. On November 9, 2016, the US Fish and Wildlife Service Forensic Lab determined OR 28 died as a result of injuries sustained from a single gunshot wound.
Gray wolves (Canis lupus), located in Western Oregon, are listed as endangered under the Endangered Species Act.
Unlawfully taking an endangered species carries a maximum sentence of one year in prison, a $100,000 fine and one year of supervised release.
Under a deferred sentencing agreement with the government, Dick has agreed to submit to one-year of supervised release, pay restitution of $2,500 to the Oregon Department of Fish and Wildlife, not hunt any wildlife for a period of one year and perform 100 hours of community service.
If Dick complies with these conditions, he will be allowed to withdraw his guilty plea and the government will move to dismiss his charge.
This case was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement and the Oregon State Police. It was prosecuted by Adam E. Delph, Assistant U.S. Attorney for the District of Oregon.
If you or someone you know has information about a wildlife crime, please contact the U.S. Fish and Wildlife Service Office of Law Enforcement by emailing [email protected] or calling 1-844-397-8477.
Kentucky Man Pleads Guilty to Traveling to Have Sex with a MinorRead the Press Release
HUNTINGTON, W.Va. – A South Shore, Kentucky man pled guilty to a sex offense involving a minor, announced United States Attorney Mike Stuart. Charles Wayne Logan, 39, pled guilty to traveling in interstate commerce with the intent to engage in illicit sexual activity with a minor.
“Parents please monitor the online activity of your children,” said United States Attorney Mike Stuart. “There are far too many people like Logan surfing the net and utilizing popular cell phone applications to entice and exploit our children. We must work together to keep our children safe from predators.”
Logan admitted that he began communicating via a cell phone application with a person he believed to be a 14-year-old female on January 10, 2019. The conversations were sexual in nature and involved Logan telling the minor he planned to engage in sexual intercourse with her when they met in person. Logan also sent the purported minor a video depicting himself masturbating. On January 14, 2019, Logan, a long-haul truck driver, arranged to meet with the purported minor at a location in Huntington after he drove back to Kentucky from Indiana. When Logan arrived at the meeting location, he was placed under arrest.
Pursuant to the terms of his plea agreement, Logan faces eight years in prison when sentenced on November 25, 2019. Upon release from prison, Logan will be required to serve a term of supervised release of fifteen years and will also be required to register as a sex offender.
The FBI Violent Crimes Against Children Task Force and the West Virginia States Police Internet Crimes Against Children Task Force conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Jury Returns Conviction in On-Line Dating Fraud ConspiracyRead the Press Release
OKLAHOMA CITY – NNAMDI FRANKLIN OJIMBA, 35, has been convicted by a jury of conspiring to commit wire fraud based on his involvement in an on-line romance scam, announced U.S. Attorney Timothy J. Downing.
According to an indictment filed on October 17, 2017, Ojimba and others defrauded individuals by fostering what appeared to be a genuine romantic relationship on-line and then convincing those individuals to send them money. Ojimba and others used the persona "Edward Peter Duffey" and claimed to be a successful financial advisor or affiliated with charitable causes. He purported to have inside financial information, such as knowledge that the investment firm used by the victim was under investigation or was financially unsound. As a result of these fraudulent claims, victims wired money to conspirators for what they believed would be investments. In reality, Ojimba and his conspirators kept the money for themselves.
Two of Ojimba’s conspirators, Ken Ejimofor Ezeah and Akunna Baiyina Ejiofor, have already been convicted and sentenced. Ezeah, who pleaded guilty to conspiracy, was sentenced to 11 years in prison on October 6, 2017, and ordered to pay $4,678,302.79 in restitution to ten victims. Ejiofor was convicted by a jury on March 30, 2017, and sentenced to seven years in prison on September 28, 2017.
In October 2018, a jury was unable to reach a verdict on the conspiracy count. The United States re-tried the conspiracy case against Ojimba beginning on August 12, 2019, before a different jury. On August 16, he was found guilty. Chief United States District Judge Timothy D. DeGiusti ordered that Ojimba be detained in the custody of the U.S. Marshals Service pending further proceedings.
At sentencing, Ojimba faces up to 20 years in prison, three years of supervised release, and a fine of up to $250,000. Sentencing will take place in approximately 90 days.
This conviction is the result of an investigation by the FBI Oklahoma City Division. The case is being prosecuted by Assistant U.S. Attorney Timothy W. Ogilvie.
Reference is made to public filings for further information.
Johnstown Woman Sentenced to 5 Years in Prison for Heroin ConspiracyRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., has been sentenced in federal court in Johnstown to 60 months in prison and four years supervised release on her conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Alissa N. Mosley, 30.
According to information presented to the court, on July 27, 2017, Mosley and a co-defendant did possess with intent to distribute more than 100 grams of heroin.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation that led to the successful prosecution of Mosley.
Jackson Man Pleads Guilty under Project EJECT to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Bernard Lavon Woofter, 43, of Jackson, pled guilty today before Chief U.S. District Court Judge Daniel P. Jordan III to being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
On February 13, 2018, Woofter was arrested by an officer with the Jackson Police Department following a pat down search wherein the officer discovered he was carrying a Rossi .38 Special revolver in his waistband. Woofter had previously been convicted of felony theft in Knox County, Tennessee.
Woofter will be sentenced by Judge Jordan on November 22, 2019 at 9:00 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and the Jackson Police Department. It is being prosecuted by Assistant United States Attorney Kimberly T. Purdie.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Found Guilty by Federal Jury under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. –Otha Ray Flowers, 37, of Jackson, was found guilty this afternoon by a federal jury for illegally possessing a firearm as a convicted felon, announced U.S. Attorney Mike Hurst, Special Agent in Charge Michelle A. Sutphin with the Federal Bureau of Investigation, and Special Agent in Charge Kirk Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
At approximately 8:30 pm. on February 18, 2017, an officer with the Jackson Police Department initiated a field interview of two men sitting in a parked vehicle outside of Big Boys Groceries on Road of Remembrance. Upon approaching the vehicle, the officer smelled the odor of marijuana. After asking the driver, later identified as Flowers, for his driver’s license, another officer observed the passenger appearing to put something in his mouth. Both Flowers and the passenger were ordered out of the vehicle. Flowers had been sitting on a .32 silver colored revolver, which the officer saw in plain view when Flowers exited the vehicle. The pistol was loaded with five live rounds and two spent shell casings. A records check revealed that Flowers had multiple felony convictions in Mississippi, Louisiana and Texas. Flowers also had outstanding warrants for his arrest. Officers recovered marijuana from Flowers’ pocket in addition to the loaded firearm.
Flowers was previously convicted in St. Bernard Parish, Louisiana, for attempted armed robbery; in Hinds County, Mississippi for possession of a firearm by a convicted felon; and in Guadalupe County, Texas for possession of a firearm by a convicted felon.
Flowers will be sentenced by U.S. District Judge Henry T. Wingate on November 22, 2019, and faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Jackson Police Department. It was prosecuted and tried by Assistant United States Attorneys David Fulcher and Chet Kirkham.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, reentry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Inmate Will Serve Two More Months for Possessing Marijuana at Moshannon Valley Correctional FacilityRead the Press Release
JOHNSTOWN, Pa. – An inmate at Moshannon Valley Correctional Center in Philipsburg, Pa., pleaded guilty in federal court in Johnstown to a charge of possession of a prohibited object in prison, and immediately following, was sentenced to two months in prison, consecutive to the current prison term he is serving, United States Attorney Scott W. Brady announced today.
Jose Juarez-Diaz, 34, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on August 25, 2018, Juarez-Diaz possessed a quantity of marijuana.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Moshannon Valley Correctional Center, Special Investigative Staff, Philipsburg, Pa., for the investigation leading to the successful prosecution of Juarez-Diaz.
Huntington Man Sentenced to 102 Months in Prison on Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – An armed methamphetamine trafficker was sentenced to 102 months in prison, announced United States Attorney Mike Stuart. Brandon Douglas Tomblin, 36, of Huntington, previously pled guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.
“We don’t want armed meth dealers on our streets,” said United States Attorney Mike Stuart. “So we’re doing are best to put them behind bars for as long as possible.”
On July 29, 2018, an officer with the Huntington Police Department was on patrol along 15th Street in Huntington when he initiated a traffic stop on a vehicle driven by Tomblin for nearly hitting a parked car. Subsequent to Tomblin’s arrest, the officer located approximately 22 grams of a white crystal like substance believed to be methamphetamine. On August 4, 2018, an officer with the Huntington Police Department responded to 401 Bridge Street in Huntington for report of a suspicious person. The officer detained the individual who was identified as Tomblin, at which time the officer observed a gun nearby, specifically a .357 Sig Sauer pistol. The officer also located drugs on Tomblin’s person in an amount consistent with drug trafficking.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe 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.
Follow us on Twitter: SDWVNews and USAttyStuart
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Hudson Woman Sentenced to One Year and a Day for Mail Theft and Violation of Supervised ReleaseRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Angela A. Curtis, 33, of Hudson, Maine was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to four months and a day in prison and three years of supervised release for mail theft. She was also sentenced to a consecutive term of eight months in prison for violating the terms of supervised release imposed on her in 2012 following convictions for mail theft, bank fraud, access device fraud, and aggravated identity theft. She pleaded guilty to mail theft and admitted violating the terms of her supervised release on March 22, 2019.
Court records reveal that in June and July, 2018, Curtis stole mail from mail boxes in Glenburn, Hudson, Hampden, and Charleston, Maine. The mail that she stole included checks. She altered several of those checks to add her name but her theft was discovered before any of the checks were negotiated.
The investigation was conducted by the U.S. Postal Inspection Service and the Penobscot County Sheriff’s Office.
Guatemalan National Pleads Guilty and Is Sentenced for Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced day that CARLOS HUMBERTO CARRETO-ROMERO, age 29, pleaded guilty to a one-count bill of information for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a) on August 13, 2019, and was sentenced that same day.
After accepting CARRETO’S guilty plea, Judge Jay C. Zainey sentenced CARRETO to time served and the payment of a $100 special assessment fee. CARRETO was then transferred to the United States Immigration and Customs Enforcement agency for deportation.
According to court documents signed by the defendants and filed in open court, CARRETO admitted to being a citizen of Guatemala, and being in the United States illegally. He further admitted re-entering the United States after being deported on August 8, 2008.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Government settles alleged False Claims Act violations with Sesolinc GroupRead the Press Release
SAVANNAH, GA: The Sesolinc Group has agreed pay up to $2.4 million to settle allegations that they supplied defective products and submitted false claims to the Army, Department of Veterans Affairs and General Services Administration.
Based on the allegations of the unsealed complaint, Sesolinc is alleged to have violated the False Claims Act when it sold products to the United States that were not in compliance with required electrical and structural standards, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After concerns were raised internally, Sesolinc, which manufactures its products in Statesboro, Ga., is alleged to have continued to deliver defective products to government customers. As part of the settlement, Sesolinc has agreed to repair goods previously supplied to the United States and pay an additional penalty.
“If a contractor represents to the United States that it will provide products consistent with basic requirements of the government customers, this office will hold them to those promises,” said U.S. Attorney Christine. “We will continue to vigorously pursue any contractors who try to cut corners at the taxpayers’ expense.”
“This settlement sends a clear message that defective products sold to our military will not be tolerated,” said Special Agent in Charge Cynthia A. Bruce, Defense Criminal Investigative Service (DCIS), Southeast Field Office. “The tireless efforts by DCIS and our investigative partners ensures that contractors are held accountable for the work they perform and the members of our military receive the proper resources to safely and effectively complete their mission.”
“This settlement serves as another reminder that attempting to defraud the government is a very bad idea,” said Frank Robey, director of the U.S. Army Criminal Investigative Command’s Major Procurement Fraud Unit. “Providing shoddy and unsafe conditions for our men and women in uniform to widen profit margins is a total disservice to our government.”
David Spilker, Special Agent in Charge of the Office of Inspector General for the Department of Veterans Affairs, stated, “The substituted, sub-standard, and defective products that veteran-owned Sesolinc Group provided to the VA put at risk critical infrastructure used to care for veterans during times of emergencies and natural disasters. The continued oversight of the companies who do business with VA, as shown in this investigation and subsequent settlement, safeguard the integrity of VA programs and funding.”
Special Agent in Charge Floyd Martinez of the Office of Inspector General of the General Services Administration (GSA OIG), said “Contractors cannot abuse the GSA contracting system to knowingly sell defective products to the federal government. GSA OIG will aggressively pursue those who abuse this process for their own gain. GSA OIG stands ready, with our federal law enforcement partners and the Department of Justice, to combat fraud, waste and abuse.”
The Defense Logistics Agency’s (DLA) Chief of Business Integrity and Procurement Fraud Prevention Program, B. Patrick Costello, Jr., said, “DLA, working in tandem with the Department of Justice, reached a settlement agreement in this matter with Sesolinc. This agreement resolves DLA’s claims against Sesolinc, which provided certain products that failed safety standards and put warfighters at risk. This agreement not only provides monetary relief to DLA, but more importantly will provide a mechanism to repair and make safe all deficient products that were delivered to DLA customers, including the U.S. Army. This agreement reflects DLA’s commitment to warfighters and the taxpayers, and reaffirms that DLA will hold contractors responsible for compliance with all applicable safety standards.”
This settlement resolves allegations that were originally part of a federal lawsuit filed under the whistleblower provisions of the False Claims Act, which allow private citizens with knowledge of false claims to file suit on behalf of the government and to share in the recovery. The government would like to sincerely thank Charles Jackson in this case for bringing the issue to the government’s attention and his assistance with the investigation of this matter.
This case was investigated by Special Agent Lam Hoang with DCIS; Special Agent James Parkinson with Army CID; Special Agent Priva Guillory with U.S. Department of Veterans Affairs Office of Inspector General; and Special Agent Steven Heckler with GSA-OIG. The United States was represented by Assistant United States Attorneys Shannon Heath Statkus and J. Thomas Clarkson.
Former Treasurer of Brownsville Ambulance Service, Inc. Indicted on Fraud and Theft ChargesRead the Press Release
PITTSBURGH, PA – A resident of Newel, PA, has been indicted by a federal grand jury in Pittsburgh on charges of mail fraud and theft from a program receiving federal funds, United States Attorney Scott W. Brady announced today.
The 21-count Indictment, returned on Aug 13 and unsealed Friday, named Edward T. Stevenson, 62, as the sole defendant.
According to the Indictment, Stevenson was employed as the Treasurer of Brownsville Ambulance Service, Inc. (BAS), located in Brownsville, Pennsylvania, and from January 17, 2013 through March 22, 2017, without authorization, issued 132 checks totaling $136,140 from BAS’s checking accounts at First National Bank and PNC Bank, made payable to himself, to cash, and to his personal business, Lunden’s Flower Shop. The Indictment alleges that the checks were deposited to either Stevenson’s personal bank account or to one of two bank accounts he maintained on behalf of Lunden’s Flower Shop, and were issued in excess of his wages and for his personal benefit. The Indictment charges Stevenson with seven counts of mail fraud and 14 counts of theft from his employer, a not-for-profit business that annually received $10,000 or more in federal benefits through the Medicare and Medicaid programs.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000 as to each count of conviction, 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 on bond pending the resolution of this case.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the United States Postal Inspection Service conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Florissant Man Pleads Guilty to Possessing 322 Capsules of FentanylRead the Press Release
St. Louis –Ryan Easter, 27, of Florissant, MO, pleaded guilty to one felony count of possessing fentanyl. Easter appeared in federal court today before U.S. District Judge Henry E. Autrey who accepted his plea and set his sentencing date for November 11, 2019.
According to court documents, on February 28, 2018, Easter conducted a narcotics transaction. Easter was eventually stopped by law enforcement. Easter was in the possession of a loaded 45-caliber Glock firearm and a plastic bag containing 322 fentanyl capsules.
Easter faces a penalty of not more than 20 years in prison and a fine of not more than $1,000,000 or both. In determining the actual sentence, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The St. Louis Metropolitan Police Department and the Federal Bureau of Investigation investigated this case. Assistant United States Attorney Tom Mehan is handling the case.
Field of Schemes Fraud Results in over a Decade in Federal Prison for Leader of Largest Organic Fraud Case in U.S. HistoryRead the Press Release
A Missouri man who fraudulently sold millions of dollars’ worth of non-organic grain as though it was organic was sentenced on August 16, 2019, to more than ten years in prison in federal court in Cedar Rapids. Three farmers from Nebraska who supplied him with non-organic grain were also sentenced to federal prison for their roles in a scheme to defraud customers across the United States.
Randy Constant, age 61, from Chillicothe, Missouri, received the prison term after a December 20, 2018, guilty plea to one count of wire fraud. Constant admitted the fraudulent scheme involved at least $142,433,475 in grain sales, and the vast majority of those sales were fraudulent. At his plea hearing, he admitted that, from 2010 to 2017, he misled customers into thinking they were buying certified organic grain when the grain he was selling was not organic. Constant admitted falsely telling customers the grain he sold was grown on his certified organic fields in Nebraska and Missouri when the grain was not organic either because he purchased the grain from other growers, the certified organic fields were sprayed with unauthorized chemicals, or organic grain was mixed with non-organic grain. Constant made many of the sales through a brokerage he owned that operated in Ossian, Iowa, known as Jericho Solutions. As part of the plea, Constant also agreed to forfeit $128,190,128 in proceeds from the fraudulent scheme.
Evidence at Constant’s sentencing showed that, for 2016, his sales equaled approximately 7% of all comparable organic corn grown and 8% of all organic soybeans grown in the United States. Overall, from 2010 to 2017, Constant sold more than 11,500,000 bushels of grain, over 90% of which was falsely marketed as organic. That amount of grain would fill approximately 3,600 rail cars or 14,375 semi-trailers.
Constant’s grain was mostly used as animal feed, primarily for chickens and cattle. That livestock was then sold as organic meat or products from the livestock were sold as organic products. Because of Constant’s fraud, most of the livestock that was fed his grain was not organic, causing thousands of consumers to purchase what they thought was organic meat for a premium price across the country.
Further evidence at sentencing showed that, during the time Constant was fraudulently selling grain as organic, he was spending money on gambling trips to Las Vegas with at least one other person involved in the scheme. Between 2010 and 2017, Constant went to Las Vegas more than 20 times, paying for flights, hotels, gambling, and escorts. Evidence further showed he had sexual relationships with three women who lived in Las Vegas. Over the course of the seven year scheme, Constant gave over $225,000 to two of these women as payment for services, purportedly for their work with his companies. In reality, the women did very little of value for Constant’s companies in exchange for the money. Constant’s banking records also showed more than $360,000 in additional Las Vegas-related expenses during the course of the scheme -- $110,000 of that total was charged to a bank account Constant shared with one of the women and included payments for an automobile, insurance, foreign travel, and breast augmentation surgery.
In related matters, three farmers from Nebraska that previously pled guilty to fraud involving sales of grain to Constant they grew that was fraudulently marketed as organic were also sentenced. Tom Brennan, age 71, James Brennan, age 41, and Mike Potter, age 42, all from near Overton, Nebraska, were each sentenced to federal prison after having pled guilty to one count of wire fraud.
At their respective plea hearings, each man admitted to growing grain between 2010 and 2017 that was not organic, often because they had sprayed the grain with chemicals. Each further admitted that they knew the grain was being marketed and sold as organic, even though it was not in fact organically grown. Evidence at sentencing showed the three farmers worked together to produce and sell the grain to Constant. Evidence further showed that, between the three farmers, they received more than $10,000,000 from Constant in connection with the scheme and that the majority of the grain they sold to Constant was not organic.
All four men were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Constant was sentenced to 122 months’ imprisonment. He was also ordered to forfeit over $120 million in proceeds from his crime. In sentencing Constant, Judge Williams called the scheme a “massive fraud, perpetrated on consumers over a long period of time” and said that Constant “caused incalculable damage.”
James Brennan was sentenced to 20 months’ imprisonment. Potter was sentenced to 24 months’ imprisonment. Tom Brennan, whom the sentencing judge referred to as a “legitimate war hero” for his service in Vietnam, was sentenced to 3 months’ imprisonment. Each of the Nebraska farmers was also ordered to forfeit $1 million in proceeds from their crimes.
“Randy Constant and his co-conspirators lied to the American public and cheated thousands of consumers,” said United States Attorney Peter E. Deegan, Jr. “For years, Constant put personal greed and self-interest above all else. In doing so, he and his cohorts victimized thousands of people who were deceived into paying more for a product that they ultimately did not get. They also diluted the organic grain market to the financial disadvantage of organic farmers who were following the law. I want to commend the USDA Office of Inspector General and the Federal Bureau of Investigation for their work in bringing this matter to light. They demonstrated hard work and dedication to protecting the organic food market and American consumers.”
“This prosecution places would-be fraudsters on notice. The government has zero tolerance for individuals who might seek to defraud American consumers by criminally manipulating National Organic Program standards,” said Special Agent-in-Charge Anthony Mohatt of the US Department of Agriculture Office of Inspector General. “It should also serve as a warning to everyone growing, certifying, distributing, and selling organically certified products. Fraud will be vigorously investigated and prosecuted by the USDA Office of Inspector General, the U.S. Attorney's Office, and all its federal, state, and local partners. USDA's Office of Inspector General is committed to ensuring fraud is eliminated from the National Organic Program so that consumers can have confidence in the USDA organic products they put on the table. The USDA Office of Inspector General applauds the steadfastness and resolution of the U.S. Attorney's Office in prosecuting this matter. We also appreciate the investigative assistance of the Federal Bureau of Investigation and USDA's Agricultural Marketing Service.”
“Organic agriculture is a fast growing sector in U.S. agriculture, creating jobs and promoting economic growth. This rapid growth has increased the complexity of supply chains that carry organic products from farm to table,” said National Organic Program Deputy Administrator Jennifer Tucker. Organic farmers and consumers are the foundation of this $52 billion sector. We are committed to helping good producers meet the standards, and to enforcing against those who break the law. The work of the U.S. Attorney’s Office in this case, and others, has a profound and lasting impact.”
“We are proud to work alongside our law enforcement partners to bring to justice individuals who have so blatantly betrayed the trust of consumers,” said Acting Special Agent in Charge Mark Green of the Federal Bureau of Investigation.
Anyone with information about others involved in the scheme should contact our office, the United States Department of Agriculture’s Office of Inspector General, or the Federal Bureau of Investigation.
The case was prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the United States Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number are 18-CR-2034, 18-CR-2058, 18-CR-2059, and 18-CR-2060. Follow us on Twitter @USAO_NDIA.
Felon Sentenced to over 14 Years in Prison for Unlawful Possession of Firearms Including a Stolen High Capacity RifleRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man with a prior felony conviction was sentenced today to 14 years and six months in federal prison for unlawful possession of numerous firearms, including a stolen semi-automatic firearm capable of accepting a large capacity magazine, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
Following a FBI investigation, Robert Aron Irwin, 35, was indicted and pleaded guilty in January 2019, to one count of felon in possession of a firearm and one count of conspiracy to distribute methamphetamine. In addition to the prison term, United States Chief District Judge Jennifer A. Dorsey sentenced Irwin to five years of supervised release.
According to court documents, in August 2017, Irwin possessed a Sig Sauer 5.56 NATO rifle that is capable of accepting a large capacity magazine and had previously been reported stolen; two .22 caliber rifles; a .30-06 caliber firearm; a .375 H&H mag. caliber firearm; a .45/70 caliber firearm; a M44 Russian rifle 7.62 x 54R; a 5.56 NATO firearm; and a 30/30 Winchester firearm. Furthermore, that same month, Irwin conspired with others to sell at least 150 grams of methamphetamine.
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Feds Charge Three in Relation to Meth Distribution at Keeton Corrections in PaducahRead the Press Release
PADUCAH, Ky. – Three men with ties to a Paducah halfway house have been charged by a Federal Grand Jury sitting in Paducah last week with possession with intent to distribute and distribution of methamphetamine and other charges, announced United States Attorney Russell Coleman.
“We promised that the feds would be more relevant in protecting folks in the Purchase Region” said U.S. Attorney Russell Coleman. “This investigation is a prime example of that, with state and federal partners working together to tackle a very real threat to this community. Paducah should be very proud of the fine work of its police department and Commonwealth’s Attorney.”
DeAnthony Woods, 32, of Paducah; Ralph Gaines Jr., 31, of Paducah; and David Jones, 27, of Madisonville, have all been charged by the grand jury for conspiracy to distribute methamphetamine, possession with intent to distribute and distribution of methamphetamine. According to the indictment, between April 12, 2019, and May 28, 2019, Woods, Jones, and Gaines Jr. knowingly and intentionally possessed with intent distribute and distributed 50 grams or more of a mixture of a substance with a detectable amount of methamphetamine.
Gaines Jr., is also charged with possession with intent to distribute methamphetamine, use/carry of a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. Gaines Jr. has a previous felony conviction in state court for two counts of first-degree trafficking cocaine in 2016 and another prior felony conviction for four counts of first degree trafficking cocaine in 2008.
The federal charges come on the heels of a two-month investigation by the Paducah Police Department into drug trafficking at Keeton Corrections. The Paducah Police Department charged eight people on charges of trafficking methamphetamine and/or trafficking in synthetic drugs in state court, and detectives recovered more than one quarter pound of meth during the course of the investigation. The United States Attorney’s Office worked in close coordination with investigators and the Commonwealth’s Attorney to bring charges against the three men listed in the federal indictment.
Woods, Gaines and Jones face no less than 5 years and a maximum sentence of 40 years (in prison) for conspiracy to possess with intent to distribute methamphetamine. Gaines faces no more than 20 years for possession with intent to distribute meth, no less than 5 years for use/carry firearm during and in relation to drug trafficking crime and no more than 10 years for being a felon in possession of a firearm.
This case is being prosecuted by Assistant United States Attorney Leigh Ann Dycus, and is being investigated by the Paducah Police Department and the Kentucky Department of Corrections, Division of Probation and Parole, in cooperation with the Office of McCracken Commonwealth’s Attorney Dan Boaz.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
Federal Charges Filed Against Chicago Man Who Allegedly Posted Online Threats of Violence at Women’s Reproductive ClinicRead the Press Release
CHICAGO — A Chicago man has been arrested on federal criminal charges for allegedly threatening to commit violence at a women’s reproductive health clinic.
FARHAN SHEIKH, 19, is charged with transmitting a threat in interstate commerce. Sheikh was arrested Friday night and made an initial court appearance this morning before U.S. Magistrate Judge Susan E. Cox. Judge Cox ordered Sheikh to remain in custody pending a detention hearing set for Tuesday at 2:30 p.m.
The complaint and arrest were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI. The case was investigated by the FBI’s Joint Terrorism Task Force. The U.S. Marshals Service and the Chicago Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Jordan M. Matthews.
Sheikh posted the threating communications on or about Aug. 13, 2019, on the social media platform iFunny, according to a criminal complaint and affidavit filed Saturday in U.S. District Court in Chicago. In one of the posts, Sheikh allegedly stated, “I am done with my state and their (sic) [expletive] abortion laws and allowing innocrnt (sic) kids to be slaughtered for the so called ‘womans right’ [expletive].” According to the complaint, Sheikh wrote later in the post that he would visit the clinic on Aug. 23, 2019, and “proceed to slaughter and murder any doctor, patient, or visitor I see in the area and I will not back down. consider this a warning for anyone visiting…”
Sheikh also wrote that his iFunny account is “NOT a satirical account. I post what I mean, and i WILL carry out what I post,” according to the complaint.
The charge in the complaint is punishable by a maximum sentence of five years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Dubuque Man Sentenced to 22 Years for Sexually Exploiting a Child and Conspiring to Distribute Ice MethamphetamineRead the Press Release
A man who sexually exploited a child, conspired to distribute ice methamphetamine, and distributed ice methamphetamine was sentenced today to 22 years in federal prison.
Christopher Frommelt, age 43, of Dubuque, Iowa, received the sentence after a February 22, 2019, jury verdict finding him guilty of one count of sexual exploitation of a child, one count of conspiracy to distribute methamphetamine, one count of distribution of a controlled substance to a person under 21 and near a protected location, and one count of distribution of methamphetamine on premises where a person under 18 was present.
The evidence at trial showed that, in January 2018, Frommelt provided ice methamphetamine to a 16-year-old girl and videotaped himself having sex with her. The evidence also showed that Frommelt conspired with others to distribute ice methamphetamine. He provided a rental car and over $2,600 for others to obtain ice methamphetamine in Texas.
Frommelt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Frommelt was sentenced to 264 months’ imprisonment. A special assessment of $5,400 was imposed, and Frommelt must also serve a 6-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Dubuque Drug Task Force, the Dubuque County Sheriff’s Office, the Iowa State Patrol, the Iowa Division of Narcotics Enforcement, the Federal Bureau of Investigation, the Cascade Police Department, and the Dyersville Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 18-1037.
Follow us on Twitter @USAO_NDIA.
Delaware Businessman Sentenced to Federal Prison in Multi-Million Dollar Ponzi SchemeRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that Carl Chen, owner of Chenmax Properties, Inc., a Delaware Real Estate Investment Trust, and part-owner of Re/Max Sunvest Realty Co., was sentenced today in federal court in Delaware to 51 months in prison. Chen pled guilty in March 2019 to wire fraud emanating out of a multi-year Ponzi scheme he orchestrated.
According to court documents and statements made at the hearing, Chen operated Chenmax Properties since 1997, soliciting large real estate investments from his real-estate clients and others. Chen promised his investors guaranteed interest and a full return of their principal payments. However, by 2013, Chen’s business was losing money, and Chen began diverting newly invested funds to pay prior investors.
The government calculated that Chen fraudulently collected at least $3.32 million in investments from twenty different victims between 2013 and 2017. In October 2017, Chen declared bankruptcy in the United States Bankruptcy Court for the District of Delaware, seeking to discharge $6.738 million of debt he owed to investors, including the victims of his fraud.
United States District Judge Richard G. Andrews, who sentenced Chen, noted that the case was “One of the most horrendous white collar offenses that I remember seeing.”
Victims at the sentencing hearing described how Chen solicited hundreds of thousands of dollars in investments from them on multiple occasions, claiming that the investments were for real estate ventures. In actuality, the money investors paid Chen was immediately used to pay off other investors or for Chen’s personal expenses.
U.S. Attorney Weiss commented that “Chen brazenly defrauded innocent Delaware residents, and others, who believed his promises and trusted him to handle their financial security. While this sentence cannot repair the breach of trust, it sends a strong message that my office will prosecute these fraud crimes and seek substantial prison terms for anyone who, like Chen, carries out a large-scale fraud against unsuspecting victims.”
"The effects of this type of fraud can be devastating to the victims. As a result of this scheme, several hardworking people were victimized and lost significant amounts of their life savings," said Jennifer Boone, Special Agent in Charge of the FBI Baltimore Office. "The FBI in Delaware and our partners will continue to vigorously investigate these crimes and hold accountable anyone who takes advantage of unsuspecting victims in order to enrich themselves."
This case was investigated by the FBI Baltimore Division’s Wilmington Office and the Office of the U.S. Trustee and was prosecuted by Assistant U.S. Attorney Alexander P. Ibrahim and Special Assistant U.S. Attorney Hannah McCollum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:19-cr-00015.
Dark Web Vendor Sentenced to 70 months for Internet Distribution of Deadly Carfentanil, Fentanyl, and Other DrugsRead the Press Release
NEWS RELEASE SUMMARY – August 19, 2019
SAN DIEGO – Today in federal court Sky Justin Gornik, age 39, of San Diego was sentenced by District Court Judge Anthony J. Battaglia to 70 months in prison for participating in a conspiracy to deliver, distribute and dispense controlled substances through the internet, in violation of Title 21, United States Code, Sections 841(h), 841(b)(1)(A), and 846. Gornik previously pled guilty to that charge and also admitted that he engaged in a conspiracy to launder drug proceeds using digital currencies, in violation of Title 21, United States Code, Sections 1956(a)(1)(A)(i) and 1956(h). As part of his guilty plea, Gornik admitted that from 2014 to June 7, 2017 (the date of his arrest by federal authorities), he bought and sold controlled substances on the Dark Web. Employing anonymous screen names, Gornik used multiple Dark Web marketplaces (including Alpha Bay, Trade Route, Abraxas, Evolution, Outlaw Market, and Dream Market) to buy and sell controlled substances. Specifically, Gornik admitted that he purchased and sold fentanyl and purchased the especially deadly opiate carfentanil using a variety of digital currencies. Gornik also purchased and sold multiple other controlled substances, including thousands of vials of ketamine, oxycodone pills, Dimethyltryptamine (DMT), Psilocybin and Psilocin, Amphetamine, Buprenorphine, Methamphetamine, and Naloxone.
According to court documents, agents seized 1.7 grams of carfentanil inside Gornik’s residence on June 7, 2017. Carfentanil is a synthetic opioid approximately 10,000 more potent than morphine and 100 times more potent than fentanyl. The 1.722 grams of carfentanil seized in Gornik’s residence could equate to over 86,000 fatal dosages. Gornik also possessed sheets of fentanyl gelatin tablets (approximately 100 tabs per sheet), which agents seized during the search. The public record reflects that Gornik obtained 600-1200 fentanyl gel tablets each week for approximately two years from a Dark Web vendor, identified as Steven Wallace George, who resides in Oklahoma. George, who manufactured pure fentanyl obtained from China into gelatin tablets, was prosecuted by federal authorities in Oklahoma (see Case No. 17-090-R, Western District of Oklahoma).
As part of his guilty plea, Gornik agreed to forfeit millions of dollars in digital or crypto currency including Bitcoins, Stratis, Ethereum, 2350 Monero, digital currency contained in Gornik’s Bittrex accounts, and digital currency contained in Gornik’s Poloniex accounts. Gornik admitted that these digital or crypto currency represented drug trafficking proceeds of the offense and were involved in the offense of money laundering over the Dark Web.
“Dark Web traffickers take note: we will not allow you to lurk in murky corners of the internet, selling and delivering deadly drugs as casually as an Amazon Prime package,” said U.S. Attorney Robert S. Brewer, Jr., who commended AUSA Sherri Hobson and the multi-agency team for “cracking through multiple levels of anonymity mazes to uncover the true nature and extent of Gornik’s drug dealing and money laundering.”
"Battling opioids in the mail is one of the Postal Inspection Service's highest priorities. By working closely with our law enforcement partners in operations such as this, we can stop drugs and violence from reaching the American public," said Nichole Cooper, Inspector in Charge of the Los Angeles Division.
“Today’s sentencing of Gornik demonstrates the commitment of Homeland Security Investigations (HSI) and our federal partners to bring these criminals to justice,” said Juan Munoz, Acting Special Agent in Charge of HSI in San Diego. “HSI will continue to aggressively pursue those that continue to violate the law and jeopardize the safety of our communities by selling deadly opioids and other dangerous drugs via the Dark Web.”
The investigation was led by U.S. Postal Inspectors in San Diego with the assistance of Special Agents of Homeland Security Investigations.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
DEFENDANT Criminal Case No.17CR2796AJB
Sky Justin Gornik Age: 39 San Diego, California
SUMMARY OF CHARGES
Count 1 (Conspiracy to Deliver, Dispense, and Distribute Controlled Substances By Internet)
Maximum penalty: 10 year minimum mandatory to life, fine of $1,000,000, 5 years of supervised release
Count 2 (Conspiracy To Launder Money)
Maximum penalty: 20 years; fine of $500,000, 3 years of supervised release
Criminal Forfeiture As To Count 1
Forfeiture to the United States of all property, real and personal, that constitutes or is derived from proceeds of the offense, and all property, real and personal, that was used to commit or to facilitate the commission of the offense.
Criminal Forfeiture As To Count 2
Forfeiture to the United States of all property, real and personal, involved in the offense.
AGENCIES
United States Postal Inspection Service, San Diego
United States Postal Inspection Services, Cyber Unit, Washington D.C.
United States Postal Inspection Service, Oklahoma
Homeland Security Investigations
Internal Revenue Service, Criminal Investigations
San Diego Police Department
San Diego District Attorney’s Office
U.S. Department of Justice, Criminal Division, Money Laundering & Asset Recovery Section
Dallas County Man Sentenced to 30 Months for Possession of a Firearm after Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jarvis Moss, a 38 year old resident of Selma, Alabama was sentenced to 30 months of incarceration for possession of a Smith & Wesson, .38 caliber pistol.
On May 30, 2019, Moss pled guilty and admitted in Court that on July 29, 2018, a Selma, Alabama police officer initiated a traffic stop on a Camaro being driven by Moss for no tag displayed. As the officer approached Moss, he could smell a strong odor of marijuana coming from inside his vehicle. The officer then asked Moss if he had illegal drugs inside the vehicle. Moss responded by reaching into his left pocket and pulling out a small quantity of marijuana that he then gave to the officer. Next, the officer asked Moss if he had any weapons inside the vehicle. Moss responded saying that there was a gun and that he did not have a permit for it. The officer asked Moss to exit the vehicle and he did. Moss then told the officer that the firearm was in his front right pocket. The firearm is described as a Smith & Wesson, .38 caliber revolver. Moss was then arrested.
At that time, Moss had been convicted of at least three felonies, namely, Resistance to Official Search on April 16, 2010, in the United States District Court for the Southern District of Alabama, case number CR 09-00136-001; Unlawful Possession of a Controlled Substance; Attempt – Trafficking Cocaine on May 18, 2010, in the Circuit Court of Dallas County, Alabama, case number CC-09-163.
Officers of the Selma, AL Police Department and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Connecticut Resident Admits Arranging Fraudulent Marriages so Individuals Would Receive Green CardsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Jason J. Molina, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in Boston, and Christopher W. Fonda, Supervisory Immigration Officer for U.S. Citizenship and Immigration Services, Office of Fraud Detection and National Security, announced that JODIAN STEPHENSON, also known as “Jodian Gordon,” 35, of Bridgeport, pleaded guilty today in New Haven federal court to a conspiracy charge stemming from her arrangement of numerous fraudulent marriages so that non-U.S. citizens would receive U.S. immigration benefits.
According to court documents and statements made in court, Stephenson operated Stephenson Immigration and Legal Services, LLC, in Bridgeport. Between 2011 and 2017, Stephenson conspired with others to arrange 28 sham marriages between U.S. citizens and non-citizens residing in the U.S. for the purpose of the non-citizens’ applying for and obtaining “lawful permanent residence” (“LPR”) status, also known as a “green card.”
One of the 28 sham marriages was between Stephenson, who is a citizen of Jamaica, and a U.S. citizen.
For each of the other 27 fraudulent marriages, Stephenson found and introduced a U.S. citizen to be the non-citizen’s purported spouse and helped the couple obtain a marriage license. She also organized the marriage ceremony and celebration, and coached the couple on how to make their marriage appear to be genuine despite their neither living together nor otherwise intending to remain actually married.
As part of the scheme, Stephenson prepared several immigration documents needed as part of the non-citizen’s LPR application. She had the applicant and spouse sign the documents and, in many cases, mailed the documents to the U.S. Citizenship and Immigration Service immigration authorities for the applicant. In some cases, Stephenson or her assistants prepared other false documents for the couple, such as a false lease that portrayed the couple as living together.
Stephenson typically charged between $17,000 and $20,000 to complete this process for a non-citizen, and the citizen spouse received between $2,000 and $4,000 for his or her participation.
During the investigation, Stephenson offered to arrange a sham marriage for a federal law enforcement agent working in an undercover capacity, and help obtain a green card for the undercover agent, in exchange for a proposed fee of $20,000. In recorded conversations, Stephenson then introduced the undercover agent to a U.S. citizen and advised them about the ways they could create the appearance that they were validly married and living together as husband and wife.
Stephenson pleaded guilty to one count of conspiracy to commit immigration marriage fraud. She faces a maximum term of imprisonment of five years when she is sentenced by U.S. District Judge Michael P. Shea in Hartford. A sentencing date is not scheduled.
Stephenson has been released on a $250,000 bond since her arrest on June 22, 2018.
Six other individuals involved in this scheme previously pleaded guilty.
On December 5, 2018, Donovan Lawrence, of Milford, who operated Donovans Accounting Services, LLC, in Bridgeport, pleaded guilty to his role in this conspiracy. In addition, four U.S. citizens who entered into one or more fraudulent marriages with non-citizens, and one non-citizen who entered into a fraudulent marriage with a U.S. citizen, pleaded guilty. All await sentencing.
This investigation is being conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security. The case is being prosecuted by Assistant U.S. Attorney Henry K. Kopel.
Commercial Flooring Contractor Agrees to Plead Guilty to Antitrust ChargeRead the Press Release
PCI FlorTech Inc., an Illinois-based commercial flooring contractor, has been charged for its role in a long-running conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced today.
PCI FlorTech has agreed to plead guilty and pay a $150,000 criminal fine for its role in the conspiracy and to cooperate in the Division’s ongoing investigation. PCI FlorTech’s charge follows the guilty plea of a former vice president of another commercial flooring contractor.
According to a one-count felony charge filed today in U.S. District Court for the Northern District of Illinois in Chicago, PCI FlorTech engaged in a conspiracy to suppress and eliminate competition in the commercial flooring market by submitting complementary bids to ensure that the designated company would win the bidding. PCI FlorTech participated in the conspiracy from at least as early as 2009 until at least June 2017.
“Today marks the first charge brought against a corporation for rigging bids and undermining the competitive process that consumers—including schools and charities—depend upon to get a competitive price for flooring,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “We will continue to investigate and prosecute contractors and their executives who cheat in the bidding process.”
“PCI FlorTech illegally conspired to elevate bid prices, ultimately cheating the public out of the competitive pricing necessary to complete construction projects,” said Special Agent in Charge Jeffrey S. Sallet, FBI Chicago. “This charge demonstrates that the FBI is committed to working with its government partners to hold contractors accountable when they attempt to profit at their community’s expense.”
A violation of the Sherman Act carries maximum penalties of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
The charges are the result of an ongoing federal antitrust investigation into bid rigging, price fixing, and other anticompetitive conduct in the commercial flooring industry, conducted by the Antitrust Division’s Chicago Office and the FBI’s Chicago Field Division.
Anyone with information on bid rigging, price fixing, or other anticompetitive conduct related to the commercial flooring industry should contact the Antitrust Division’s Chicago Office at 312-984-7200 or visit https://www.justice.gov/atr/contact/newcase.html.
Buffalo Man Sentenced on Illegal Gun Possession ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Errick Roseboro, 26 of Buffalo, NY, who was convicted of being a person prohibited from possessing a firearm, was sentenced to serve 12 months and one day in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that on October 21, 2018, the Buffalo Police Department stopped the defendant’s vehicle for a traffic infraction. Officers found Roseboro unlawfully to be in possession of a loaded firearm and marijuana. Subsequent investigation determined that that the defendant was a habitual user of the controlled substance, and as such, he is prohibited from possessing a firearm.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Boyle County Man Convicted of Production of Child Pornography and Distribution of MethamphetamineRead the Press Release
LEXINGTON, Ky. – Richard Eugene Derringer, 47, previously of Junction City, Kentucky was convicted by a jury, following a three-day trial, on Thursday, before Senior United States District Judge Joseph M. Hood. Derringer was found guilty of using a minor to engage in sexually explicit conduct, for the purpose of producing child pornography; conspiracy to use a minor to engage in sexually explicit conduct, for the purpose of producing child pornography; possession of child pornography; and distribution of methamphetamine. Derringer was acquitted of one count of attempted distribution of child pornography.
According to the evidence at trial, Jacquolyn Walls-Land, who previously pleaded guilty to one count of using a minor to engage in sexually explicit conduct for the purpose of producing child pornography, took videos of the minor female victim while Derringer sexually abused the victim. The sexual abuse, and recording of it, occurred on March 11, 2018. The evidence established that Derringer forced the minor victim to smoke methamphetamine with him, on multiple occasions, during an approximate 3-hour period while the sexual abuse occurred. Derringer even took hits of the methamphetamine himself and then exhaled into the minor victim’s mouth. The minor victim reported the sexual abuse and forced drug use to her mother, approximately 8 hours after the abuse ended, and the minor victim was taken to a local hospital, where she tested positive for methamphetamine.
Derringer is scheduled to be sentenced on November 25, 2019. He faces a mandatory minimum sentence of fifteen years in prison, and up to 30 years, on each of the conspiracy and production counts, up to 10 years on the possession of the visual depictions of the minor engaging in sexually explicit conduct, and not more than 20 years for the distribution of methamphetamine. He also faces fines of not more than $250,000 on the production-related offenses and $2,000,000 on the distribution of methamphetamine conviction. Additionally, he faces a mandatory minimum of five years, and up to life, of supervised release, following the service of his prison sentence. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky: James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; and Richard Sanders, Commissioner, Kentucky State Police, jointly announced the jury’s verdict.
The investigation was conducted by the FBI and Kentucky State Police. Assistant U.S. Attorneys David Marye and Mary Melton represented the United States.
Attorney General William P. Barr Appoints New Leadership Team at the Bureau of PrisonsRead the Press Release
Attorney General William P. Barr today announced he will appoint Dr. Kathleen Hawk Sawyer as the Director of the Federal Bureau of Prisons (BOP) and Dr. Thomas R. Kane as the Deputy Director of the Federal Bureau of Prisons (BOP). Dr. Hawk Sawyer previously served as Director of BOP from 1992 – 2003.
“I am pleased to welcome back Dr. Hawk Sawyer as the Director of the Federal Bureau of Prisons. Under Dr. Hawk Sawyer’s previous tenure at the Bureau, she led the agency with excellence, innovation, and efficiency, receiving numerous awards for her outstanding leadership, “ said Attorney General Barr. “I am also pleased to announce Dr. Thomas R. Kane as the Deputy Director of BOP. Dr. Kane served in the Bureau for over thirty years under four Attorneys General and is known for his expertise and proficiency in prison management and organization. During this critical juncture, I am confident Dr. Hawk Sawyer and Dr. Kane will lead BOP with the competence, skill, and resourcefulness they have embodied throughout their government careers. I would also like to thank Hugh Hurwitz, Acting Director of BOP, for his dedication and service to the Bureau over the last fifteen months. I have asked Mr. Hurwitz to return to his responsibilities as Assistant Director of BOP’s Reentry Services Division, where he will work closely with me in overseeing the implementation of one of the Department’s highest priorities, the First Step Act.”
Dr. Kathleen Hawk Sawyer began her Bureau of Prisons career in 1976 as a psychologist at the Federal Correctional Institution (FCI) in Morgantown, West Virginia, and subsequently held positions of increasing responsibility as Chief of Psychology Services at Morgantown; Senior Instructor at the Bureau of Prisons' Staff Training Academy (STA) in Glynco, Georgia; Associate Warden at FCI Fort Worth, Texas; the Bureau's Chief of Staff Training at STA; and Warden at FCI Butner, North Carolina. In May 1989, she was selected as Assistant Director for the Program Review Division, where she was responsible for developing and implementing a system of internal controls for all Bureau operations. In 1992, Attorney General Barr appointed Dr. Hawk Sawyer as Director of BOP. While serving as Director for over a decade, she introduced the Forward Thinking Initiative, which was designed to prepare the agency to meet future demands and conditions. Additionally, she implemented reengineering initiatives intended to identify and eliminate unnecessary or redundant functions in order to maximize staff attention to inmates and yield agency-wide cost savings. While Director, Dr. Hawk Sawyer received numerous awards for service and leadership, including the Attorney General's Award for Excellence in Management in 1992, the Presidential Rank Award for Meritorious Service in 1994 and 2000, and the Presidential Distinguished Executive Award in 1997. She served as Director until she retired in 2003.
Dr. Thomas R. Kane served in the Bureau of Prisons from 1977 to 2018, including 30 years in multiple senior leadership positions such as Chief of Staff, Assistant Director, Deputy Director, and Acting Director under four Attorneys General. While at BOP, he provided long-term leadership for the enhancement of processes to assess prisoner risk level and need for treatment, as well as the BOP business process by reengineering initiatives resulting in significant organizational cost efficiencies and process improvement. Additionally, he served as a member of the FBI Advisory Policy Board for Criminal Justice Information Services, the District of Columbia Sentencing Commission, and the BOP Health Services Governing Board. Dr. Kane received numerous awards and other recognition throughout his career, including the Attorney General’s Medallion, two Meritorious Presidential Rank Awards, and the BOP Distinguished Service Medal. Dr. Kane also serves as a member of the American Psychological Association and the American Correctional Association.
Armed Fentanyl Dealer Sentenced to Six Years in PrisonRead the Press Release
PROVIDENCE – A Central Falls fentanyl street dealer who claimed he armed himself with a loaded firearm for “protection” was sentenced on Friday to 72 months in federal prison.
On at least three occasions in late January 2018, Dennis Rivera, 32, sold an individual varying amounts of fentanyl during a Central Falls Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) joint Project Safe Neighborhoods investigation into Rivera’s drug trafficking activities.
Rivera was arrested on February 3, 2018, as law enforcement executed a court-authorized search of his residence and seized, among other items, a loaded 22 caliber revolver, 11 grams of cocaine, 21 grams of fentanyl, and various items used in the packaging and distribution of drugs. Rivera told law enforcement that he kept the loaded gun for “protection.”
United States Attorney Aaron Weisman commented, “Selling fentanyl poisons our neighborhoods and puts drug users lives at risk. Having a gun ‘for protection’ puts everyone in the neighborhood at risk. The defendant’s six-year sentence should sound a warning to others that law enforcement and prosecutors will not tolerate drug dealers poisoning our neighborhoods, particularly armed drug dealers who put everyone’s life in danger.”
Rivera pleaded guilty on April 9, 2019, to possession with intent to distribute fentanyl, possession of a firearm in furtherance of drug trafficking, and two counts felon in possession of a firearm.
At the time of his arrest, Rivera was awaiting trial in Rhode Island state court on an unrelated firearm charge. Rivera was arrested by Central Falls Police in June 2017 following an altercation with another person. As officers approached the two men, Rivera stashed a semi-automatic pistol near the bumper of a nearby car, then quickly walked away. The firearm was retrieved by police and Rivera was found hiding in the bathroom of a stranger’s apartment nearby.
Additionally, Rivera had previously been convicted of drug trafficking in Massachusetts.
At sentencing, U.S. District Court Chief Judge William E. Smith sentenced River to 72 months in federal prison to be followed by 3 years of supervised release.
Central Falls Police Chief Colonel Daniel J. Barzykowski commented, “We will continue to work with our local, state and federal partners to ensure offenders that poison our communities, like Rivera, are removed from the streets.”
Special Agent in Charge of the Boston Division of ATF Kelly D. Brady added, “ATF will continue to work with our local, state and federal law enforcement counterparts to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade.”
The case was prosecuted by Assistant U.S. Attorneys Ronald R. Gendron and Ly T. Chin.
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.
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Armed Career Criminal Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jessie Anthony Parker, 36, of Mobile, Alabama, was sentenced today in federal court in Mobile after his conviction resulting from a jury trial conducted in January of 2019. Parker was convicted on two counts of possession with intent to distribute marijuana and cocaine, and felon in possession of a firearm. Parker has three prior felony convictions in Mobile County Circuit Court for possession of marijuana for other than personal use, and a prior conviction in federal court in Mobile for using, carrying and possessing a firearm during and in relation to a drug trafficking felony. Because his prior criminal convictions qualified him as an armed career criminal under the United States Sentencing Guidelines, Parker’s advisory guideline range was 360 months to life.
United States District Court Judge Terry F. Moorer imposed a sentence of 360 months imprisonment, consisting of 120 months on the marijuana count, and 360 months on each of the remaining counts, with all sentences running concurrent. Judge Moorer also ordered that Parker will serve a total of 5 years on supervised release, following his release from imprisonment. He ordered that Parker will pay $300 in special mandatory assessments, but no fine was imposed. Parker will also undergo testing and treatment for drug abuse as a separate condition of his supervision.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Sunday 18 August 2019
Sioux Falls Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 8, 2019, by U.S. District Judge Karen E. Schreier.
Michael Anthony Williams, age 35, was sentenced to 188 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Williams was indicted by a federal grand jury on November 6, 2018. He pled guilty on May 8, 2019.
The conviction stemmed from incidents beginning on an unknown date and continuing through November 6, 2018, when Williams, along with at least one other person, knowingly reached an agreement to distribute 500 grams or more of a mixture containing methamphetamine in the District of South Dakota. Methamphetamine is a Scheduled II controlled substance.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Williams was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 12, 2019, by U.S. District Judge Karen E. Schreier.
Jacob Macias Cabrera, age 35, was sentenced to 151 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cabrera was indicted by a federal grand jury on January 8, 2013. He pled guilty on May 17, 2019.
The conviction stemmed from an incident beginning around October 2011, and until around October 2012, when Cabrera knowingly and intentionally combined, conspired, confederated, and agreed with others, to distribute 500 grams or more of methamphetamine in the state of South Dakota.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney John E. Haak prosecuted the case.
Cabrera was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Seven Years for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Samuel Patrick O’Rourke, age 37, was sentenced on August 9, 2019, to 7 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
O’Rourke was indicted by a federal grand jury in November 2018. The charge related to O’Rourke, and at least one other person, distributing at least 50 grams, but less than 200 grams, of methamphetamine in the District of South Dakota, primarily out of his home on the Pine Ridge Indian Reservation, and elsewhere, between 2016 and 2018.
This case was investigated by the Federal Bureau of Investigation, the Northern Plains Safe Trails Drug Task Force, and the Bureau of Indian Affairs. Assistant U.S. Attorney Gina Nelson prosecuted the case.
O’Rourke was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael High Elk, age 30, was sentenced on August 9, 2019, to 5 years and 11 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge related to High Elk, a previously convicted felon prohibited from possessing firearms, knowingly possessing a Jimenez Arms, model U.A. 380, .380 caliber semi-automatic pistol, which was found in High Elk’s car after he led police on a high-speed chase in Rapid City on January 30, 2019.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
High Elk was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Charged with Sexual Abuse and StrangulationRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Assault by Strangulation and Suffocation.
Jeremiah White Wash, age 27, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction for the Aggravated Sexual Abuse charge is any term of years up to life in prison, a mandatory minimum term of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to White Wash and another man sexually assaulting a female on May 1, 2018, at Pine Ridge. White Wash also assaulted the same individual, who was his dating partner, by strangling her in April 2018.
The charges are merely accusations and White Wash is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
White Wash was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Ohio Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Port Clinton, Ohio, man convicted of Attempted Receipt of Child Pornography was sentenced on August 12, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Adam Myosky, age 40, was sentenced to 6 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Myosky was one of seven men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2018 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with minors obtained through the Internet. The conviction stemmed from Myosky communicating with someone he believed to be a 15-year-old girl, but who was in fact an undercover agent, for the purpose of arranging a meeting to engage in sexual acts with the minor.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Myosky was immediately remanded to the custody of the U.S. Marshals Service.
Nebraska Man Sentenced to Five Years for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Columbus, Nebraska, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher Ivory Hawkins, age 25, was sentenced on August 9, 2019, to 5 years in federal prison, followed by 4 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Hawkins was indicted by a federal grand jury in May 2018. The charge related to Hawkins, and at least one other person, distributing more than 350 grams of methamphetamine in the District of South Dakota and elsewhere between 2014 and 2018.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Attorney Gina Nelson prosecuted the case.
Hawkins was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Criminal Contempt was sentenced on August 16, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Frank Iron Heart, age 39, was sentenced to time served and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Iron Heart was indicted by a federal grand jury on February 13, 2019. He pled guilty on August 16, 2019.
The conviction stemmed from an incident that occurred on December 18, 2018, when Iron Heart willfully and unlawfully disobeyed and resisted a subpoena issued by the U.S. District Court requiring him to appear at a federal hearing in Pierre, South Dakota.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mission Man Charged with Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Luke Joseph Burning Breast, age 35, was indicted on August 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 15, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 9, 2019, at Rosebud, Burning Breast having previously been convicted of a felony, knowingly possessed a firearm.
The charge is merely an accusation and Burning Breast is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Burning Breast was released on bond pending trial. A trial date has not been set.
Miller Man Sentenced for Being Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Miller, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on August 12, 2019, by U.S. District Judge Roberto A. Lange.
Johnathan Taylor, age 27, was sentenced to time served, 2 years of supervised release, forfeiture of his interest in 6 firearms, any and all ammunition recovered with the weapons, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Taylor was indicted by a federal grand jury on February 13, 2019. He pled guilty on May 28, 2019.
The conviction stemmed from an incident on December 1, 2018, when a South Dakota Game, Fish, and Parks Officer was conducting licensing verification and encountered Taylor, who had a pump action shot gun. When the officer discovered Taylor was an individual prohibited from possessing a firearm, a search warrant was executed on Taylor’s residence and the 6 firearms were seized. During the search, marijuana was also discovered, to which Taylor admitted to using daily for about 8 years.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by South Dakota Game, Fish, and Parks and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Taylor was released following sentencing.
Marty Man and Yankton Man Plead Guilty to Kidnapping and AssaultRead the Press Release
United States Attorney Ron Parsons announced that Gavin Little, age 23, of Marty, South Dakota, and Christian Garcia, age 24, of Yankton, South Dakota, appeared before U.S. District Judge Karen E. Schreier on August 15, 2019, and pled guilty to an Indictment that charged Little with Kidnapping and Garcia with Assault Resulting in Serious Bodily Injury.
The maximum penalty upon conviction for Little is life in federal prison, and/or $250,000 fine, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund. Restitution may also be imposed.
The maximum penalty upon conviction for Garcia is 10 years in federal prison, and/or $250,000 fine, 3 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund. Restitution may also be imposed.
On or about November 25, 2018, Little and Garcia, along with two juveniles, assaulted an adult male at a home in east housing of Marty, on the Yankton Sioux Indian Reservation. After the man was severely beaten and unconscious, Little loaded him into a vehicle and left the scene. A high speed chase ensued near Greenwood, before Little abandoned the vehicle and fled away on foot. Tribal officers discovered the unconscious man in the back of the vehicle. He was flown to Sioux Falls for emergency medical treatment.
The investigation was conducted by the Yankton Sioux Tribe Law Enforcement and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for November 4, 2019. Both Little and Garcia were remanded to the custody of the U.S. Marshals Service pending sentencing.
Eagle Butte Woman Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Nicole Ducheneaux, age 33, was indicted on August 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown, but no later than on or about January 1, 2017, continuing to on or about August 13, 2019, Ducheneaux, knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown to knowingly and intentionally distribute, and possess with intent to distribute, 50 grams or more of methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Ducheneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Ducheneaux was released on bond pending trial. A trial date has not been set.