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Friday 16 August 2019
Fourth Manhattan Doctor Pleads Guilty to Accepting Bribes and Kickbacks from Pharmaceutical Company in Exchange for Prescribing Fentanyl DrugRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JEFFREY GOLDSTEIN, a doctor who practiced in Manhattan, pled guilty today to conspiracy to violate the Anti-Kickback Statute, in connection with a scheme to prescribe Subsys, a potent fentanyl-based spray, in exchange for bribes and kickbacks from Subsys’s manufacturer, Insys Therapeutics. GOLDSTEIN pled guilty before U.S. Magistrate Judge Henry B. Pitman. The case is assigned to U.S. District Judge Kimba M. Wood.
U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Jeffrey Goldstein, a Manhattan doctor who owned a private medical office on the Upper East Side, prescribed his patients Subsys, a powerful fentanyl drug, in exchange for nearly $200,000 in bribes and kickbacks from the drug’s manufacturer, Insys, as well as various other items of value, including all-expenses paid visits to a Manhattan strip club. Goldstein is the fourth doctor to plead guilty in this case and his admission of guilt once again demonstrates that this Office will hold any physician accountable when that physician’s medical judgment is compromised by the corrupting influence of money. That is particularly so when the drug that is being prescribed is a dangerous opioid like fentanyl. This case should stand as a warning to the New York medical community that if you take bribes from pharmaceutical companies in exchange for prescribing – whether in the form of Speaker Program fees or otherwise – this Office will hold you to account for placing your own interests above those of your patients.”
According to the allegations contained in the Indictment against GOLDSTEIN and filings in related proceedings:
The Insys Speakers Bureau
Subsys, which is manufactured by Insys, is a powerful painkiller approximately 50 to 100 times more potent than morphine. The FDA approved Subsys only for the management of breakthrough pain in cancer patients. Prescriptions of Subsys typically cost thousands of dollars each month, and Medicare and Medicaid, as well as commercial insurers, reimbursed prescriptions written by GOLDSTEIN.
In or about August 2012, Insys launched a “Speakers Bureau,” a roster of doctors who would conduct programs (“Speaker Programs”) purportedly aimed at educating other practitioners about Subsys. In reality, Insys used its Speakers Bureau to induce the doctors who served as speakers to prescribe large volumes of Subsys by paying them Speaker Program fees. Speakers were supposed to conduct an educational slide presentation for other health care practitioners at each Speaker Program. In reality, many of the Speaker Programs were predominantly social affairs where no educational presentation about Subsys occurred. Attendance sign-in sheets for the Speaker Programs were frequently forged by adding the names and signatures of health care practitioners who had not actually been present.
GOLDSTEIN’s Participation in the Scheme
GOLDSTEIN was a doctor of osteopathic medicine who owned a private medical office on the Upper East Side. GOLDSTEIN received approximately $196,000 in Speaker Program fees from Insys in exchange for prescribing large volumes of Subsys. After GOLDSTEIN began prescribing a competitor painkiller, Insys pressured him to stop doing so and switch patients to Subsys, which GOLDSTEIN did.
GOLDSTEIN also received other items of value from Insys in order to induce him to prescribe. For example, Insys employees took GOLDSTEIN and Todd Schlifstein, who co-owned a private medical office with GOLDSTEIN, to a Manhattan strip club where Insys spent approximately $4,100 on a private room, alcoholic drinks, and “lap dances” for GOLDSTEIN and Schlifstein. GOLDSTEIN also arranged for Insys to pay for the annual holiday party for his private medical office.
In 2014, GOLDSTEIN was approximately the fifth-highest-paid Insys Speaker nationally. He was the sixth-highest prescriber of Subsys in the last quarter of 2014, accounting for approximately $809,275 in overall net sales of Subsys in that quarter.
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GOLDSTEIN, 49, of New Rochelle, New York, pled guilty to one count of conspiracy to violate the Anti-Kickback Statute, which carries a maximum sentence of five years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. GOLDSTEIN is scheduled to be sentenced by Judge Wood on January 22, 2020 at 2:00 p.m.
Mr. Berman praised the investigative work of the FBI, and thanked the Department of Health and Human Service’s Office of Inspector General for its participation in the investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Noah Solowiejczyk and David Abramowicz are in charge of the prosecution.
Former University Student Sentenced for Unlawful Possession of FirearmsRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Faisal Buarki (23, Tampa) to 18 months in federal prison for possession of firearms by an alien who was admitted under a non-immigrant visa.
Buarki had pleaded guilty on June 3, 2019.
According to court documents, in February 2019, officers from the Tampa Police Department conducted a traffic stop of a car that Buarki was driving in south Tampa due to a mismatched license plate. A subsequent search of the car’s passenger area revealed two bullets on the front floorboard, a small amount of marijuana, and MDMA. Officers also found two handguns among Buarki’s possessions in the trunk, including a Glock .23 40-caliber pistol, containing 18 rounds of ammunition in the magazine, and an FNX-9 9mm pistol, both of which had been previously reported stolen. Buarki later admitted that he had possessed the two guns.
Under federal law, Buarki, who had been admitted to the United States from Kuwait on an F1 non-immigrant visa to study at the University of Tampa, was prohibited from possessing any firearms while he resided in the United States. Buarki’s status in the United States has since been terminated, and he faces removal from the United States upon his release from custody.
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Patrick Scruggs.
Former Ohio Resident Admits to Traveling to Engage in Illegal Sexual ActivityRead the Press Release
PITTSBURGH, PA- A former resident of Vienna, Ohio, pleaded guilty in federal court to a charge of traveling with intent to engage in illegal sexual activity with a minor, United States Attorney Scott W. Brady announced today.
Jeffrey Judd, 60, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that in late May 2017, Judd began conversing with a 14-year-old male over the "Chathour" software application and by email. He arranged to meet the child victim in the parking lot of his school on June 1, 2017, and traveled from Vienna, Ohio, to Hermitage, Pennsylvania, to engage in intercourse and oral sex acts with the victim. The victim was frightened by Judd’s arrival at the school, and failed to show at the meet location. He later reported his communications with Judd to school officials. Judd continued to communicate by email with the victim until June 5, 2017.
Judge Bissoon scheduled sentencing for Dec. 6, 2019, at 10 a.m. The law provides for a total sentence of 30 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Defendant Judd has been detained pending the resolution of the case.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Hermitage Police Department conducted the investigation leading to the prosecution of Judd. 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.justice.gov/psc.
Former Members of Ohio Militia Group Plead Guilty to Conspiring to Possess Unregistered ExplosivesRead the Press Release
CINCINNATI – Two former members of an Ohio militia group heave pleaded guilty to violating the National Firearms Act by conspiring to possess destructive devices.
Ryan D. King, 37, of Franklin, Ohio and Randy D. Goodman, 53, of Ripley, Ohio, each pleaded guilty yesterday to conspiring to possess unregistered explosive devices. King and Goodman were indicted by a federal grand jury in February.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Todd Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the pleas entered into yesterday afternoon before U.S. District Judge Susan J. Dlott.
According to court documents, King and Goodman were members of a militia group operating in the Southern District of Ohio. King and Goodman established a small subset of the militia group and referred to it as the “Special Projects Team.” The defendants advocated that this Team construct, use and stockpile explosives including pipe bombs, landmines and remote activated explosive devices.
As part of their pleas, the defendants admitted they conspired to possess destructive devices in violation of the National Firearms Act, specifically, bombs and parts necessary to make pipe bombs.
In January 2019, King and Goodman tested their “crater makers” at Goodman’s home in Ripley, Ohio. They discussed construction and ignition methods in detail. Goodman referenced the Boston Marathon as an example of a remote detonation system that worked.
They discussed which methods would be most lethal, including constructing their explosive devices out of metal pipes instead of PVC.
For example, Goodman asked, “Do we know how they built the pressure cookers for the Boston bombers…we are talking the same concept…”
King added, “If you really want explosions you would bury these in the driveway, so they go up and out. We can build land mines, I’ve already built them before, you know that.”
Conspiring to possess destructive devices is a crime that carries a potential maximum sentence of five years in prison.
This case was investigated by agents with the FBI and is being prosecuted by United States Attorney Glassman and Assistant United States Attorney Sheila G. Lafferty.
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Former Leader of Violent Kenyan Organized Crime Family Sentenced to 25 Years in Prison for Narcotics, Weapons, and Obstruction OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that BAKTASH AKASHA ABDALLA, a/k/a “Baktash Akasha,” was sentenced to 25 years in prison for conspiring to import and importing heroin and methamphetamine, conspiring to use and carry machineguns and destructive devices in connection with their drug-trafficking crimes, and obstructing justice by paying bribes to Kenyan officials in an effort to avoid extradition to the United States. The defendants were provisionally arrested in Kenya on November 9, 2014, after providing 99 kilograms of heroin and two kilograms of methamphetamine to confidential sources acting at the direction of the Drug Enforcement Administration (“DEA”). Their bribery scheme was thwarted on January 29, 2017, when the defendants were expelled from Kenya and DEA agents brought them to the U.S. AKASHA ABDALLA previously pled guilty before U.S. Magistrate Judge Katharine H. Parker, and U.S. District Judge Victor Marrero imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Baktash Akasha led a massive drug trafficking organization responsible for shipping tons of finished narcotics, and the ingredients to make tons more, around the world. Akasha, along with his brother, ensured that their enterprise operated with impunity for nearly 20 years by eliminating and intimidating rival drug traffickers with violence and murder, and bribing Kenyan government officials to avoid extradition to the U.S. Akasha was once one of the world’s most prolific and violent drug traffickers, but today’s significant sentence of 25 years in prison all but guarantees he will never profit from the illicit drug trade again.”
According to the Superseding Indictment, other court filings, and statements made during court proceedings[1]:
AKASHA ABDALLA and his brother, Ibrahim Akasha Abdalla, a/k/a “Ibrahim Akasha” (together, “the defendants”) operated a sprawling and lucrative international drug-trafficking organization, which distributed multi-ton quantities of narcotics including hashish, ephedrine, methamphetamine, and methaqulone—a Schedule I controlled substance commonly referred to in Europe, South Africa, and elsewhere as “Mandrax” or “mandies,” and in the U.S. as “Quaaludes.” For almost two decades, BAKTASH AKASHA ABDALLA acted as the leader of the Akasha Organization, and Ibrahim Akasha Abdalla functioned as his brother’s deputy. The defendants engaged in acts of violence to protect the reputation of the Akasha Organization and their drug-trafficking business. For example, in 2014, the defendants kidnapped and assaulted a rival drug trafficker in Kenya named David Armstrong. The defendants helped orchestrate the murder in South Africa of an associate of Armstrong, who was known as “Pinky” and was shot approximately 32 times in the street. The defendants subsequently participated in an altercation at a public shopping mall in Kenya with an Armstrong associate named Stanley Livondo, during which Ibrahim Akasha Abdalla threatened Livondo with a pistol in the mall.
By early 2014, the defendants and other members of the Akasha Organization started to work to import ton quantities of methaqualone precursor chemicals into Africa in order to fuel the illicit pills’ production in South Africa. The defendants used the proceeds of their methaqualone-related business to pursue other illegal ventures, including efforts to import ephedrine that was produced illegally by Avon Lifesciences in India, so that the Akasha Organization and others could manufacture methamphetamine in Africa. In connection with these methamphetamine-production efforts, the defendants aligned the Akasha Organization and other associates with co-defendant Muhammad Asif Hafeez, a/k/a “Sultan,” and worked together to establish a methamphetamine-production facility in Mozambique. But the defendants, Hafeez, and other co-conspirators were forced to abandon their plan after law enforcement authorities seized approximately 18 tons of ephedrine from an Avon Lifesciences factory in Solapur, India, including several tons of ephedrine that the defendants and Hafeez planned to use to manufacture methamphetamine in Mozambique.
Over the course of several months beginning in March 2014, during telephone calls and meetings in Nairobi and Mombasa, Kenya, the defendants agreed to supply, and in fact did supply, multi-kilogram quantities of heroin and methamphetamine to individuals they believed to be representatives of a South American drug-trafficking organization, but who were in fact confidential sources (the “CSes”) working at the direction and under the supervision of the Drug Enforcement Administration (“DEA”). The defendants negotiated on behalf of the Akasha Organization to procure and distribute hundreds of kilograms of heroin from suppliers in the Afghanistan/Pakistan region and to produce and distribute hundreds of kilograms of methamphetamine, which they understood would ultimately be imported into the U.S.
During a meeting in Mombasa, Kenya, in April 2014, BAKTASH AKASHA ABDALLA introduced a CS via Skype to one of his heroin suppliers in Pakistan, who said he could provide 420 kilograms of 100 percent pure heroin—which he called “diamond” quality—for distribution in the U.S. Thereafter, in June 2014, a co-defendant began discussing with the CSes his ability to procure methamphetamine precursor chemicals and to establish labs to produce methamphetamine for importation to the U.S. In a meeting in Mombasa in September 2014, BAKTASH AKASHA ABDALLA introduced another co-defendant as a narcotics transporter from Afghanistan who moved ton quantities of narcotics using ships. BAKTASH AKASHA ABDALLA and a co-defendant also described Hafeez to the CSes as one of the top drug traffickers in the world.
In September and October 2014, Ibrahim Akasha Abdalla personally delivered one-kilogram samples of methamphetamine and heroin to the CSes in Nairobi on behalf of the Akasha Organization. In early November, Ibrahim Akasha Abdalla personally delivered an additional 98 kilograms of heroin to the CSes in Nairobi on behalf of the Akasha Organization. A few days later, Ibrahim Akasha Abdalla also delivered another kilogram of methamphetamine. In the course of these preliminary transactions, the Akasha Organization provided a total of 99 kilograms of heroin and two kilograms of methamphetamine to the CSes, and agreed to provide hundreds of kilograms more of each.
The defendants, along with Gulam Hussein and Vijaygiri Anandgiri Goswami, were provisionally arrested by Kenyan Anti-Narcotics Unit officers on November 9, 2014, in Mombasa, Kenya, prior to another planned meeting with the CSes. At the time of the provisional arrests in Kenya, 500 kilograms of heroin brokered by Hafeez were being transported through international waters to the defendants in Africa. The defendants directed the ship to return to the Afghanistan/Pakistan region rather than risk interdiction upon arrival. Following the arrests and during pending extradition proceedings, the defendants continued to distribute ton quantities of narcotics. They used some of the drug proceeds to bribe Kenyan officials— including judges, prosecutors, and law enforcement officers—in an effort to avoid extradition to face the charges against them in the U.S.
On January 29, 2017, the Kenyan government expelled the defendants, and the DEA brought them to the Southern District of New York for prosecution.
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In addition to the prison term, BAKTASH AKASHA ABDALLA, 41, was ordered to pay a $100,000 fine.
Hafeez was provisionally arrested in London in August 2017, and the U.S. has requested his extradition from the United Kingdom. Ibrahim Akasha Abdalla pleaded guilty to the same drug-trafficking, weapons, and obstruction offenses as BAKTASH Akasha Abdalla, and is scheduled to be sentenced by Judge Marrero on November 8, 2019.
Mr. Berman praised the outstanding efforts of the Special Operations Division of the DEA, Bilateral Investigations Unit. Mr. Berman also thanked the DEA Dubai Country Office, the DEA Nairobi Country Office, the DEA Pretoria Country Office, the DEA New Delhi Country Office, the U.S. Department of Justice’s Office of International Affairs, Kenya’s Anti-Narcotics Unit, Kenya’s Director of Public Prosecutions, Kenya’s Director of Criminal Investigations, local Nairobi law enforcement officers, and the Government of Kenya.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Emil J. Bove III, Amanda L. Houle, and Jason A. Richman are in charge of the prosecution.
The charges contained in the Indictment against Muhammad Asif Hafeez, a/k/a “Sultan,” are merely accusations, and Hafeez is presumed innocent unless and until proven guilty.
[1] The descriptions set forth below of conduct by co-defendant Muhammad Asif Hafeez, a/k/a “Sultan,” constitute only allegations, and all descriptions should be treated as allegations with respect to Hafeez.
Former Hands-On Child Sex Offender Sentenced to 25 Years in Prison for Possession of over 500 Images of Child ExploitationRead the Press Release
LAS VEGAS, Nev. – A Las Vegas resident with an extensive criminal history of sex offenses against children was sentenced today to 25 years in federal prison followed by lifetime supervision for possession of 550 images and 27 videos of child exploitation.
“Through the Project Safe Childhood initiative, together with our partners, we are committed to vindicating the rights of vulnerable child victims,” said United States Attorney Nicholas A. Trutanich for the District of Nevada. “Today’s sentence sends a strong message that law enforcement will pursue justice against child predators.”
“It is a high priority of the FBI to protect the most vulnerable in our society: our children,” said Special Agent in Charge Aaron C. Rouse for the FBI Las Vegas Division. “Every time child pornography is viewed on the internet it re-victimizes a child.”
After a three-day jury trial in November 2018, David Alan Cohen, 59, was found guilty of possession and receipt or distribution of child pornography. He was previously arrested for a series of child sex offenses in New York and New Jersey. United States District Judge Andrew P. Gordon presided over the trial and sentencing hearing.
According to court documents, the investigation began in August 2016, after law enforcement received a CyberTip from the National Center for Missing and Exploited Children (NCMEC) that child pornography was uploaded to a web-based chat room. The IP address associated with the child pornography upload resolved to Cohen’s residence. During the execution of a search warrant, Cohen was interviewed by law enforcement. He discussed his sexual proclivities, prior sex crimes against children, and admitted that he received child pornography files. Cohen’s computer, cell phone, and numerous CDs and DVDs were seized. A forensic examination of the seized items revealed over 550 images and 27 video files of illegal child sexual abuse material, including sadomasochism and bestiality.
The case was investigated by the FBI and Las Vegas Metropolitan Police Department. Assistant U.S. Attorneys Elham Roohani and Allison Reese prosecuted the case.
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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, please visit www.justice.gov/psc.
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Former Chief Executive Officer of St. Louis Economic Development Partnership Sentenced for Cover UpRead the Press Release
St. Louis, MO – Sheila M. Sweeney, 62, of Ladue, was sentenced to three years’ probation for Misprision of a Felony and ordered to pay a fine of $20,000. Sweeney appeared today before U.S. District Court Judge Catherine D. Perry.
According to court documents, Sheila Sweeney was the Chief Executive Officer of the St. Louis Economic Development Partnership, having been recommended for that position by former St. Louis County Executive Steven V. Stenger during August 2015. Stenger believed he could exercise control of the Partnership’s contracts and grants through Sweeney, who did, in fact, take her directions from Stenger throughout her tenure as Chief Executive Officer of the Partnership. Sweeney had knowledge of Stenger’s ongoing bribery scheme, whereby Stenger accepted political donations in exchange for awarding contracts through St. Louis County and the St. Louis Economic Development Partnership and its affiliated organizations. Stenger’s scheme deprived the citizens of St. Louis County of their right to the honest services of both Stenger and Sweeney. Knowing of Stenger’s illegal bribery scheme, Sweeney failed to report the criminal conduct to law enforcement. Sweeney also took steps and engaged in conduct to conceal and cover up Stenger’s illegal bribery scheme which allowed Stenger’s scheme to continue undetected for several years. By her criminal conduct, Sweeney violated her fiduciary duties to the Board of the St. Louis Economic Development Partnership, and abused the trust of the St. Louis County citizens who deserved her honest services.
The Federal Bureau of Investigation and the Postal Inspection Service are investigating this case with the assistance of the Internal Revenue Service Criminal Investigations. Assistant U.S. Attorney Hal Goldsmith is handling the case for the U.S. Attorney’s Office.
Five Aliens Indicted on Illegal Reentry Charges, Illegal and Unlawful Alien in Possession of a Firearm and AmmunitionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging ALFONSO BRAVO-BANUELOS, age 56, of Mexico, JORGE LUIS RAMIREZ-HERNANDEZ, age 36, of Mexico, and SALOMON MARTINEZ-RAMIREZ, age 41, of Mexico, with Illegal Reentry of a Deported Alien.
Additionally, the grand jury returned an indictments charging REY FRANCISCO HERNANDEZ-ALAVEZ, age 33, of Mexico, with illegal reentry and illegal and unlawful alien in possession of ammunition, and JOSE PEREZ-ARELLANO, age 44, of Mexico, with illegal reentry and illegal and unlawful alien in possession of a firearm.
If convicted of illegal reentry of a deported alien, BRAVO-BANUELOS, previously deported and found in Granville County, and RAMIREZ-HERNANDEZ, who was previously convicted of felony death by vehicle and driving while impaired, deported three times and found in Craven County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
MARTINEZ-RAMIREZ, previously deported two times and found in Granville County, is alleged to have been previously deported subsequent to a felony conviction for illegal reentry of a deported alien in the Middle District of North Carolina. Therefore, if convicted, MARTINEZ-RAMIREZ would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry and illegal and unlawful alien in possession of ammunition or firearm, HERNANDEZ-ALAVEZ, previously deported three times and found in Wake County, and PEREZ-ARELLANO, previously deported and found in Wake County, would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Federal Prison Setnence for Illegal Alien Who Threatened His Girlfriend with a GunRead the Press Release
An illegal alien who pulled a gun on his girlfriend during an argument has been sentenced to 42
months in federal prison. Jose Alberto Ixtepan-Chagala, 26, of Veracruz, Mexico, pleaded guilty
earlier this year to a one-count indictment charging him with being an unlawful alien in possession
of a firearm.Evidence at the plea and sentencing hearings established that on the night of Feb. 11, 2019,
officers responded to reports of shots fired at the home of the defendant’s girlfriend in Alton,
Illinois. Ixtepan-Chagala reportedly woke his girlfriend by holding a 9mm handgun to her head.
According to reports, he took her outside at gunpoint and then fired the gun into the ground
several times. Several young children were inside the home during the altercation. Responding
officers recovered the gun in a nearby yard and arrested Ixtepan-Chagala, who was later found to be
in the United States unlawfully.In lieu of supervised release, Ixtepan-Chagala will be subject to removal proceedings at the
completion of his prison term.This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the
Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to
be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together
to identify the most pressing violent crime problems in the community and develop comprehensive
solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most
violent offenders and partners with locally based prevention and reentry programs for lasting
reductions in crime.The investigation was conducted by agents from the Department of Homeland Security
and the Alton Police Department.
Federal Charges for Pensacola Man Related to Allegations of Human Trafficking in Multiple StatesRead the Press Release
PENSACOLA, FLORIDA – United States Attorney Lawrence Keefe, of the Northern District of Florida, announced today that a federal arrest warrant was executed on a Pensacola business owner for using interstate facilities for purposes of racketeering, money laundering conspiracy, and the harboring of illegal aliens for commercial advantage or private financial gain. The three count criminal complaint alleges that Pensacola resident David C. Williams, 41, was arrested in connection with his operation of multiple Asian massage parlors in Florida, Virginia, and Pennsylvania. Along with the arrest of Williams on these federal charges, over a dozen search warrants were executed at massage parlors linked to Williams in these three states. This included multiple federal search warrants in Pensacola, Gulf Breeze, and Gainesville, all of which are located in the Northern District of Florida. Over half a dozen seizure warrants were also executed on bank accounts linked to the allegations against Williams.
Assistant United States Attorney David L. Goldberg is prosecuting the case following a joint investigation by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigations, Homeland Security Investigations, the Florida Department of Law Enforcement, the Pennsylvania State Police, the Okaloosa County Sheriff’s Office, the Santa Rosa County Sheriff’s Office, the Gainesville Police Department, the Clearwater Police Department, the Florida State Attorney’s Office and the Office of the Attorney General for the State of Pennsylvania.
A detention hearing for Williams has been set for August 20, 2019, at 2:00 p.m. at the United States Courthouse in Pensacola.
A criminal complaint is merely an allegation by law enforcement that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html
Fayette County Man Sentenced to 87 Months for Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. – Marquis Benjamin Lewis, 41, of Lexington, was sentenced to 87 months in federal prison today, by United States District Judge Danny C. Reeves, after pleading guilty to possessing cocaine and mixtures of heroin and fentanyl with the intent to distribute them, possessing a firearm as a convicted felon, and possessing a firearm in furtherance of drug trafficking.
On October 24, 2018, officers with the Lexington Police Department executed a search warrant at Lewis’s residence in Lexington. During the search, officers located quantities of cocaine and mixtures of heroin and fentanyl, packaged separately for distribution, along with various items of drug paraphernalia. In addition to the narcotics, officers also located a total of four firearms, two of which were stolen, dispersed throughout Lewis’s residence and vehicle. Lewis had a prior felony conviction and was prohibited from owning or possessing a firearm.
Under federal law, Lewis must serve 85 percent of his sentence. Upon completion of his imprisonment, he will be under the supervision of the United States Probation Office for a period of three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart L. Lowery, Special Agent in Charge, ATF, Louisville Field Division; and Lawrence Weathers, Chief of the Lexington Police Department, jointly made the announcement.
ATF and the Lexington Police Department conducted the investigation. The United States was represented by Assistant United States Attorney Francisco Villalobos II.
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 PSN program was reinvigorated 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.
Elder Caregiver Sentenced to 30 Months in Prison for Defrauding a 92-Year-Old Homebound VictimRead the Press Release
TUCSON, Arizona – On August 14, 2019, U.S. District Court Judge Rosemary Márquez sentenced Margaret Gastelum to 30 months in prison for defrauding a 92 year-old homebound- victim. The court also ordered Gastelum to pay $184,648 in restitution for the victim’s losses. Gastelum previously pleaded guilty to wire fraud.
Gastelum and her daughter, co-defendant Mona Lisa Rodriguez, provided home care assistance for the victim. In her plea agreement, Gastelum admitted that she and Rodriguez gained access to the victim’s banking information and fraudulently used funds from the victim’s bank accounts. Gastelum and Rodriquez further fraudulently used the victims’ credit cards and overcharged for elder care services without the victim’s knowledge.
Rodriquez also previously entered a guilty plea for her involvement in the scheme, and is scheduled for sentencing on September 24, 2019.
The investigation in this case was conducted by the United States Secret Service and the Tucson Police Department. The prosecution was handled by Assistant U.S. Attorney Wallace Kleindienst for the U.S. Attorney’s Office, District of Arizona.
Eastern Kentucky Landscape Owner Sentenced for Violating the Fair Labor Standards Act and H-2A Visa ProgramRead the Press Release
ASHLAND, Ky. – Michael Anthony Wheeler, owner of Tri-State Lawn Care Inc. (Tri-State), has been sentenced to serve five years on unsupervised probation and ordered to pay $327,087 in back wages to 17 employees, for violating requirements of the Fair Labor Standards Act (FLSA) and the H-2A visa program.
According to his plea agreement, Wheeler pleaded guilty to willful violations of the FLSA’s overtime requirement and eight counts of making false statements on his H-2A applications. In addition, Tri-State and Wheeler agreed to a 10-year H-2A debarment, five years of third party monitoring, and $125,000 in fines and money judgments.
Tri-State – a landscaping, construction, flooring, heating and air company – provides residential and commercial services to Ashland, Huntington, West Virginia, and Portsmouth, Ohio.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Cheryl M. Stanton, Wage and Hour Administrator, U.S. Department of Labor’s Wage and Hour Division; Patrick S. Mills, Special Agent in Charge of the Chicago Field Office, U.S. State Department's Diplomatic Security Service; John Condon, Special Agent in Charge, Homeland Security Investigations and Richard Sanders, Commissioner, Kentucky State Police, jointly announced the sentence.
The investigation was conducted by the U.S. Department of Labor, including its Wage and Hour Division, Office of the Inspector General, and Office of the Solicitor, U.S. Department of State’s Diplomatic Security Service, Homeland Security Investigations and the Kentucky State Police. The United States was represented by Assistant United States Attorneys Hydee Hawkins and David Marye.
Durham Clinician Receives Active Prison Sentence for Fraudulently Obtaining SuboxoneRead the Press Release
GREENSBORO, N.C. B A Durham-based clinician was sentenced today in federal court in Greensboro on charges that he used the DEA registration number of another person to acquire suboxone, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
BASIL DERRICK HALLIDAY, age 57, a resident of Rougemont, North Carolina, was sentenced to a five month term of imprisonment by Senior United States District Judge N. Carlton Tilley, Jr. The term will run consecutive to another five month term imposed because HALLIDAY committed the drug offense while on probation for a 2013 federal conviction for embezzlement from a government agency. In addition to prison time, HALLIDAY was ordered to serve 31 months of supervised release and to pay a special assessment of $500.00. HALLIDAY was convicted of the current charges after a two-day trial in March 2019.
In December 2013, a Diversion Investigator (DI) with the Drug Enforcement Administration received a complaint that HALLIDAY, the President and Owner of Adaptive Integrated Methods (AIM), a drug addiction and mental health treatment clinic, was improperly dispensing suboxone (buprenorphone), a Schedule III controlled substance. In furtherance of the investigation, the DI obtained numerous invoices from Clinic Pharmacy documenting HALLIDAY’s purchases of suboxone. HALLIDAY, however, is not a physician and does not have a license to dispense suboxone or other controlled substances. The pharmacy invoices noted the ordering physician was S.J., and included S.J.’s DEA registration number. S.J. , however, did not authorize the purchases of suboxone.
“We are pleased that the Court ordered active time for this defendant. I hope it sends a strong message about illegally distributing legal drugs. We must stop the flow of opioids to the street. I commend DEA and AUSAs DeFranco and DuPre for their excellent work,” said U.S. Attorney Martin.
The case was investigated by the United States Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorneys Michael A. DeFranco and Nicole R. DuPre.
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Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for illegally reentering the United States after being deported.
Jonathan Manuel Lara Troncoso, 33, a Dominican national residing in Lawrence, was sentenced by U.S. District Court Chief Judge Patti B. Saris to two years in prison. Lara Troncoso will be subject to deportation upon completion of his sentence. In May 2019, he pleaded guilty to one count of illegal reentry of a deported alien.
Lara Troncoso was previously ordered deported from the United States in June 2006, but returned sometime thereafter and assumed the identity of a U.S. citizen from Puerto Rico. In an effort to avoid detection by law enforcement, Lara Troncoso mutilated his own fingerprints. While unlawfully in the country, he was convicted three times of drug offenses in Massachusetts while using a fraudulent identity, including a 2017 state conviction for fentanyl trafficking. By the time he was convicted of fentanyl trafficking, his fingerprints had regenerated and healed enough to match the fingerprints on file from his prior deportation
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit prosecuted the case.
Convenience Store Owner and Manager Both Sentenced to 12 Months and One Day for Food Stamp FraudRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI) announced that SINGEO I. SINGENES, age 63, and INNOCENCIA ESIROM, age 56, were sentenced in U.S. District Court today by Chief Judge Frances Tydingco-Gatewood. SINGENES and ESIROM were convicted of unauthorized use of food stamp benefits, in violation of Title 7, United States Code, Section 2024(b). Each defendant received a sentence of 12 months and one day imprisonment to be followed by three years of supervised release. The Court also ordered each defendant to pay a $100 special assessment fee and, jointly and severally, a total of $490,000 in restitution to the U.S. Department of Agriculture’s (USDA) Supplemental Nutrition Assistance Program (SNAP).
SINGENES owned and ESIROM operated S & I Mart, a small convenience store that was located in Barrigada, Guam, and has since closed. On March 1, 2011, the USDA’s Food and Nutrition Service authorized S & I Mart to participate in the agency’s program known as SNAP, formerly the Food Stamp Program. SNAP is a 100% federally funded program that provides financial aid to eligible recipients for use at authorized retail food stores. Under the program, SNAP recipients receive electronic benefits transfer (“EBT”) authorization cards that operate as debit cards. Each month authorized recipients are issued certain amounts of SNAP benefits that could be accessed only with their EBT cards and encrypted personal identification numbers. Under the program, SINGENES and ESIROM knew that SNAP benefits could not be accepted or redeemed in exchange for credit or loans, and that SNAP recipients could not be discriminated against by charging them interest or different prices, among other things.
From March 1, 2011 to September 1, 2013, the defendants defrauded the USDA and obtained SNAP benefits in exchange for extending credit to SNAP recipients. The defendants allowed SNAP recipients to purchase items on credit, and used their SNAP benefits from their EBT cards to pay off their credit balances at the beginning of the next month. The defendants also charged higher prices to SNAP recipients who purchased merchandise on credit and charged them a $20 late fee if they failed to pay their credit balances at the beginning of the following month. The practice of accepting SNAP benefits as payment on credit accounts or loans was a violation of the program and accounted for 90% of the store’s sales.
U.S. Attorney Anderson stated, “The USDA investigation revealed a continuous pattern of fraud by these defendants over a substantial period of time. The SNAP program provides essential nutritional benefits to needy families nationwide. That these defendants would defraud not only the program, but also the recipients is unconscionable. Our office will hold dishonest retailers accountable through prosecution and disqualification in an effort to maintain the integrity of this important program.”
The Federal Bureau of Investigation and the USDA-Office of Inspector General investigated the case. The case was prosecuted by Marivic P. David, Assistant United States Attorney.
Cheektowaga Man Pleads Guilty to Selling FentanylRead 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 Byron Cobb, aka Tone, 39, of Cheektowaga, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 40 grams or more of fentanyl. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Seth T. Molisani and Jeremiah E. Lenihan, who are handling the case, stated that in July 2017, the Drug Enforcement Administration began investigating the narcotics trafficking activities of the defendant. Between July 27, 2018, and February 13, 2018, investigators conducted 11 controlled purchases of heroin from Cobb.
On February 20, 2018, investigators executed a search warrant at the defendant’s Sidney Street residence in Buffalo. Officers seized multiple plastic bags containing suspected fentanyl, two digital scales, a strainer with suspected drug residue, and drug packaging materials.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Buffalo Police Department, under the direction of Chief Byron Lockwood.
Sentencing is scheduled for November 25, 2019, at 12:30 p.m. before Judge Arcara.
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Bunch Man Sentenced to 24 Months for Assaulting an Employee of the United States with A Deadly and Dangerous WeaponRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeremy Lee Poafpybitty, a/k/a “Chooch”, age 33, of Bunch, Oklahoma, was sentenced to 24 months’ imprisonment and 3 years of supervised release for Assaulting An Employee Of The United States With A Deadly And Dangerous Weapon, in violation of Title 18, United States Code, Sections 111(a)(1) and (b). The charges arose from an investigation by the United States Postal Inspection Service and the Tahlequah Police Department.
The Indictment alleges that on or about July 24, 2018, within the Eastern District of Oklahoma, the defendant knowingly, intentionally, and forcibly, with the use of a knife, assaulted, opposed, impeded, intimidated, and interfered with and inflicted bodily injury to an employee of the United States Postal Service while in the performance of official duties.
“United States Postal Service employees overcome many challenges to delivering mail, but violence is one they should never have to face. The defendant is being justly punished for his violent acts against the victim, a postal employee,” said United States Attorney Brian J. Kuester.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Shannon Henson represented the United States.Buffalo Man Sentenced to 42 Years in Prison for Production and Possession of Child PornographyRead 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 Duke Jimenez, 36, of Buffalo, NY, who was convicted of production and possession of child pornography, was sentenced to serve 42 years in prison and a lifetime of supervised released by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between February 10 and October 27, 2014, the defendant engaged in sexual contact with a three-year-old female child entrusted to his care. This conduct resulted in both physical and emotional harm to the child. In a written victim impact statement, the victim’s mother stated that the child would scream and cry “the bad man’s going to kill me” and “he said he would kill me.”
During the sexual contact, Jimenez used his cellular telephone to create visual depictions of the victim engaging in sexually explicit conduct. The images were located on the defendant’s SD card. Jimenez was arrested by the Buffalo Police Department on November 18, 2015, at which time the defendant’s telephone was seized. A subsequent search of phone and SD card in the phone revealed 18 image files which depicted the victim engaging in the sexually explicit conduct.
“While kids often seek to escape imaginary childhood monsters by hiding under their covers, where those monsters are real, we must do all that we can to capture and cage them,” noted U.S. Attorney Kennedy. “This sentence illustrates just how seriously we take our obligation to protect the most vulnerable among us.”
The sentencing is the result of an investigation by the Federal Bureau of Investigation Buffalo Office, under the direction of Gary Loeffert, Special Agent-in-Charge; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Cheektowaga Police Department under the direction of Chief David Zack.
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Buffalo Man Indicted on Multiple Drug ChargesRead 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 a federal grand jury has returned an indictment charging Victor Quinones, 22, of Buffalo, NY, with distribution of heroin, possession with intent to distribute butyryl fentanyl, and maintaining a drug-involved premises. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that according to the indictment, between September 2018 and July 18, 2019, the defendant maintained and used a home at 165 Leroy Avenue in Buffalo for the purpose of drug trafficking. On July 16, 2019, Quinones sold heroin to an individual working with the FBI.
On July 18, 2019, investigators executed a federal search warrant at 165 Leroy Avenue. Officers seized drug packaging materials and a quantity of butyryl fentanyl. The defendant was arrested at that time.Quinones was arraigned before U.S. Magistrate Judge H. Kenneth Schroder, Jr. and is being detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Brooklyn Man Sentenced to 57 Months in Prison for an Account Takeover and Money Laundering Scheme Affecting Tens of Thousands of VictimsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JASON MICKEL ELCOCK, a/k/a “Prezzi,” was sentenced today in Manhattan federal court to 57 months in prison for engaging in a decade-long scheme to steal personal and financial information from tens of thousands of individuals and businesses and unlawful possession of a firearm, resulting in a loss of more than $1.1 million to banks and online retailers. ELCOCK pled guilty on March 12, 2019, to wire fraud and money laundering conspiracies, and unlawful possession of a firearm. U.S. District Judge Victor Marrero imposed sentence earlier today.
U.S. Attorney Geoffrey S. Berman said: “The theft and exploitation of our online data by perpetrators hiding in the weeds of the Internet is becoming all too common. This Office is committed to identifying, exposing and prosecuting cyber thieves wherever they may be found.”
NYPD Police Commissioner James P. O'Neill said: “As criminals move to the digital frontier, law enforcement is following. In this case, the NYPD is proud to have teamed with its FBI partners to bring this insidious criminal scheme to a close.”
According to the Complaint, the Indictment, the Superseding Information, statements made in court, and publicly available documents:
Between 2008 and 2018, ELCOCK, co-defendant Shoshana Marie McGill, and other co-conspirators participated in a scheme to defraud banks and e-commerce retailers by using stolen personal identifying information (“PII”), bank account information, and credit and debit card data from tens of thousands of individuals and businesses for personal financial gain. ELCOCK and his co-conspirators acquired PII and financial account data in part by buying the information from criminal websites. They also hacked into victims’ email accounts to steal personal information stored in those accounts, into victims’ online bank accounts to download copies of their checks, and into victims’ digital password vaults to pilfer their usernames and passwords. ELCOCK then monetized the stolen data in various ways, including by: (1) using the stolen credit card information to buy merchandise and services from e-commerce retailers for resale or for personal use; (2) using stolen PII to open new lines of credit in his victims’ names without their permission; (3) transferring money electronically out of victims’ bank accounts; and (4) creating and cashing fraudulent checks issued against victims’ bank accounts. Among other things, ELCOCK and McGill used the fraud proceeds to make a down payment on a Mercedes Benz, buy Rolex watches, electronic goods and designer clothing, and take trips to high end resorts. In addition, ELCOCK sold a portion of the stolen bank account data, along with check-making supplies, to other co-conspirators in exchange for a cut of the value of the checks that those co-conspirators successfully cashed. ELCOCK laundered the bulk of his criminal earnings through bank accounts belonging to other co-conspirators, including McGill.
As part of the fraudulent scheme, ELCOCK also transferred phone numbers and changed email addresses that were linked to victims’ bank and online shopping accounts, to different phone numbers and email addresses that he and McGill controlled. In some cases, ELCOCK also changed victims’ email account passwords or deleted activity alerts from their hacked email accounts. In these ways, ELCOCK prevented his victims from receiving text and email notifications regarding unauthorized transactions, to make the criminal scheme harder to detect. ELCOCK’s decade-long scheme caused banks and retailers to lose more than $1.1 million, and imposed burden and stress on countless individual victims, as they had to take steps to regain access to their phone numbers and email accounts, file police reports, notify credit agencies, cancel lines of credit, and dispute unauthorized purchases.
Law enforcement officers seized from ELCOCK’s residence a 9-millimeter pistol, ammunition, a bill counter, Rolex watches, multiples laptops, tablets and smartphones, and designer clothing, shoes, and handbags, among other things.
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In addition to the prison term, ELCOCK, 34, of Brooklyn, New York, was sentenced to three years of supervised release. He was also ordered to forfeit $1,111,893 and his interest in two bank accounts and certain merchandise stashed at his residence, and pay restitution.
McGill pled guilty on January 3, 2019, to conspiring to commit money laundering and was sentenced on June 13, 2019, by Judge Marrero to five years’ probation, including 90 days in a community re-entry facility and six months’ home confinement. She was also ordered to forfeit $1,081,893 and her interest in three bank accounts and various merchandise.
U.S. Attorney Berman praised the outstanding work of the FBI and the New York City Police Department.
This case is prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Sarah Lai is in charge of the prosecution.
Broken Bow Man Sentenced for CyberstalkingRead the Press Release
United States Attorney Joe Kelly announced that Marshal Marshall, 37, formerly of Broken Bow, Nebraska, was sentenced Thursday in Lincoln, Nebraska, to the maximum sentence of 10 years in prison by Senior United States District Judge Richard G. Kopf. Marshall had previously entered pleas of guilty to cyberstalking. In addition to his prison sentence, Marshall will be required to serve 3 years on supervised release.
In December, 2017, the principal of a public school district in Broken Bow, Nebraska, reported to the FBI that someone was sending persistent and escalating threats of violence to a teacher working for the school district. The person issuing the threats was at times impersonating other teachers in the district over school email.
Investigation revealed that Marshall was impersonating teachers, friends, and family members of the victim, in order to harass, pressure, and coerce the victim into taking him back, ceasing her cooperation on a state felon in possession case, and taking other actions that he desired the victim to take. The communications caused substantial emotional distress, made the victim feel like she was being followed or surveilled at all times, and placed her in fear of actual bodily harm. She also faced threats to her reputation in the community, both professionally and personally.
Marshall conducted the cyberstalking by both text and email communication. Eventually he began to illegally wiretap the victim by breaking into her residence, placing recorders in her home and placing a motion sensor activated camera in her bedroom. The FBI recovered these devices and tied them forensically to Marshall.
Text messages from Marshall’s cell phone demonstrated he had solicited multiple men, his sister, and two minors, to aid him in the cyberstalking.
This case was investigated by the Broken Bow Police Department and the Federal Bureau of Investigation.
Bozeman woman sentenced to nine months for defrauding court-appointed clientsRead the Press Release
MISSOULA—Ellen Lorraine Van Ausdol, a Bozeman resident who ran a money management service for court-appointed clients, was sentenced today to nine months in prison and three years supervised release for stealing her clients’ funds and spending most of the money on gambling expenses, U.S. Attorney Kurt Alme said.
Chief U.S. District Judge Dana L. Christensen, who presided, also ordered Van Ausdol, 78, to pay $186,452.99 in restitution, with $133,558.99 to the victims and $52,894 to the IRS.
“Ms. Van Ausdol’s actions were deplorable. Those who defraud and embezzle, and particularly those who exploit the vulnerable, can expect to be prosecuted to the full extent of the law,” U.S. Attorney Alme said.
Van Ausdol pleaded guilty in March to wire fraud and to making and subscribing to a false tax return.
Van Ausdol operated a money management business called Fiduciary Consulting and Management, which provided services for court-appointed clients, the prosecution said in court records. Many of the clients had mental deficiencies and lacked the ability to manage their own money.
Van Ausdol embezzled from her clients during a six-year period, from about 2010 to 2016, and told investigators she used the majority of the money to cover her gambling expenses. The investigation also found that Van Ausdol did not pay income taxes of $52,894.00 on the stolen money.
The prosecution said the embezzled funds totaled $253,528, bringing the total fraud loss to $306,422. Van Ausdol repaid $119,950 to victims in 2016, leaving $94,558.99 owed to them in restitution.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI and IRS Criminal Investigation.
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Boston Man Charged with Illegally Possessing A Loaded HandgunRead the Press Release
BOSTON – A Boston man was charged in federal court in Boston with being a felon in possession of a firearm and ammunition.
Kerry Charlotin, 30, was charged with one count of being a felon in possession of a firearm and ammunition. Charlotin has been in state custody since his arrest in Suffolk County on May 1, 2019. He will appear in federal court in Boston later today.
According to the charging documents, on May 1, 2019, officers were in the area of Blue Hill Avenue in Mattapan due to resident complaints of drug dealing and public drinking. It is alleged that when Charlotin, who was seen by the officers wearing a black backpack, observed the police presence, he ran. The officers pursued him, and when they caught up to him, a black backpack was in the air and landed on the roof of a building. Charlotin, no longer wearing a black backpack, continued running from the officers; he was eventually found hiding in a fenced in area in a backyard. When officers recovered the black backpack, they found, among other things, a loaded Glock 26, 9mm caliber Lugar semi-automatic pistol containing nine rounds of ammunition, one of those rounds was in the chamber.
Based on prior felony convictions, Charlotin is prohibited from possessing a firearm and ammunition under federal law.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Birmingham Man Pleads Guilty During TrialRead the Press Release
BIRMINGHAM – Birmingham man pled guilty during trial, announced U.S. Attorney Jay E. Town, and Special Agent and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Monterius King, 31, entered his plea on August 5th before U.S. District Judge Liles Burke at the end of the first day of trial, after several witnesses had testified. King pled guilty to robbing the ServisFirst Bank on Richard Arrington Blvd. on January 3, 2017. King also pled guilty to robbing the Jet Pep gas station on Center Point Parkway on April 24, 2017, and to discharging a firearm during that robbery, in which he shot a clerk in the stomach. King has pending charges remaining in state court for attempted murder and robbery arising from the JetPep robbery, and for robbery arising from the ServisFirst bank robbery. A sentencing date has been set for December 16th.
“Those who threaten the lives of innocent employees and customers are exactly the violent criminals we will remove from our communities and relocate to a bed in federal prison,” Town said. “The government was fully prepared to present evidence at trial that would prove the guilt of this defendant. He now faces federal time in a federal prison.”
“Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF and our partners,” Watson said.
King faces up to 20 years in prison for each of the robberies, plus a consecutive term of at least 10 years for discharging a firearm during a crime of violence.
The ATF investigated the case, which Assistant U.S. Attorney John J. Geer, III, is prosecuting.
Birmingham Man Pleads Guilty During TrialRead the Press Release
BIRMINGHAM – Birmingham man pled guilty during trial, announced U.S. Attorney Jay E. Town, and Special Agent and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Monterius King, 31, entered his plea on August 5th before U.S. District Judge Liles Burke at the end of the first day of trial, after several witnesses had testified. King pled guilty to robbing the ServisFirst Bank on Richard Arrington Blvd. on January 3, 2017. King also pled guilty to robbing the Jet Pep gas station on Center Point Parkway on April 24, 2017, and to discharging a firearm during that robbery, in which he shot a clerk in the stomach. King has pending charges remaining in state court for attempted murder and robbery arising from the JetPep robbery, and for robbery arising from the ServisFirst bank robbery. A sentencing date has been set for December 16th.
“Those who threaten the lives of innocent employees and customers are exactly the violent criminals we will remove from our communities and relocate to a bed in federal prison,” Town said. “The government was fully prepared to present evidence at trial that would prove the guilt of this defendant. He now faces federal time in a federal prison.”
“Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF and our partners,” Watson said.
King faces up to 20 years in prison for each of the robberies, plus a consecutive term of at least 10 years for discharging a firearm during a crime of violence.
The ATF investigated the case, which Assistant U.S. Attorney John J. Geer, III, is prosecuting.
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Ashland Physician and Substance Abuse Treatment Center Agree to Pay $1.4 Million to Resolve Civil ClaimsRead the Press Release
ASHLAND, Ky. – An Ashland addiction treatment specialist, Dr. Rose O. Uradu, and her substance abuse treatment center, Ultimate Care Medical Services, LLC d/b/a Ultimate Treatment Center, have agreed to pay $1.4 million to resolve civil allegations that they violated the Controlled Substances Act, and defrauded the Medicare and Kentucky Medicaid programs.
This settlement resolves a civil lawsuit alleging that Ultimate Treatment Center, at the direction of Dr. Uradu, sought and received payments from Medicare and Kentucky Medicaid for services that were not actually provided to patients. According to the Complaint, between January 2013 and September 2014, defendants billed these government programs for “evaluation and management” services, purportedly provided to patients who visited the clinic to receive daily methadone doses. To be reimbursed by Medicare and Kentucky Medicaid, evaluation and management services should include performance of an examination of the patient, a patient history, and medical decision-making. The United States alleged that Ultimate Treatment Center did not actually perform these services when patients received their methadone doses, but falsely documented the performance of these services, in the patients’ medical records, in order to create the false appearance that the reimbursement was justified.
The United States further alleged that, during the period July 2013 to December 2014, defendants billed Medicare and Kentucky Medicaid for complex urine drug testing that the clinic’s equipment was incapable of performing. The United States contended that Defendants’ submission of claims to Medicare and Kentucky Medicaid for services not provided as billed violated the False Claims Act, a federal law the prohibits submitting false or fraudulent claims for payment to the government.
In addition to false claims, the United States alleged that Dr. Uradu issued buprenorphine prescriptions to more patients than permitted by law for a three-month period in 2014. Buprenorphine is marketed under the brand names Suboxone and Subutex, and is used medically in the treatment of opioid addiction. Because buprenorphine has the potential for diversion and abuse by recreational users, it is a controlled substance regulated by law. Dr. Uradu was only permitted to treat 100 patients with buprenorphine drug products, but repeatedly exceeded her patient limit. According to the settlement agreement, the United States alleged that Dr. Uradu violated the Controlled Substances Act each time she wrote a prescription over her limit.
The Government’s work in this investigation illustrates its commitment to combating health care fraud and violations of controlled substances laws. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the U.S. Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477). Tips about possible violations of controlled substances laws can be reported at www.dea.gov/submit-tip.
The case against Dr. Uradu and Ultimate Treatment Center was investigated by the U.S. Drug Enforcement Administration, Federal Bureau of Investigation, and the Kentucky Attorney General’s Medicaid Fraud and Abuse Control Unit. The U.S. Department of Health and Human Services, Office of Inspector General assisted with the litigation. Assistant United States Attorneys Christine Corndorf and Meghan Stubblebine handled the matter for the United States.
The case is captioned United States v. Rose O. Uradu, M.D., et al., Case No. 0:18-cv-00066-HRW. The claims resolved by the settlement with Dr. Uradu and Ultimate Treatment Center are allegations only, and there has been no determination of liability.
Ashland Man Pleads Guilty to Representative Payee FraudRead the Press Release
Defendant was converting funds for personal care patients to his personal use.
ASHLAND, Ky. – Today, an Ashland man admitted in federal court that he unlawfully used representative payee funds, which were received on behalf of individuals living in the Artrip Personal Care Home in Ashland, Kentucky.
Mitchell Allen Artrip, 68, pleaded guilty to one count of representative payee fraud before United States District Court Judge David Bunning. Artrip admitted that, in his role as part owner of Artrip Personal Care home, he received representative payee benefits from the Social Security Administration on behalf of certain individuals living in his personal care home. According to the plea agreement, between November 2013 and November 2017, Artrip received representative payee funds for more than twenty individuals, totaling $241,142. Artrip admitted he spent a total of $97,806 of those representative payee funds on expenses unrelated to the use and benefit of the beneficiaries, including on his two rental properties and personal farm.
Artrip agreed pay $97,806 in restitution to the victims. The restitution will be divided among the victims according to the plea agreement. Pursuant to the plea agreement, Artrip also agreed to sell the personal care home and withdraw as the representative payee for any current Social Security beneficiaries within the next sixty days.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Wayne R. Warren, Acting Special Agent in Charge, Atlanta Field Division of the Social Security Administration, Office of Inspector General, jointly made the announcement. The investigation is part of the Department of Justice’s Elder Justice Initiative and was assisted by the Kentucky Elder Justice Task Force, which is comprised of federal, state, and local law enforcement and government agencies working together to protect the Commonwealth’s elderly population from fraud and abuse.
The investigation was directed by the SSA-OIG. The United States was represented by Assistant U.S. Attorney Kate K. Smith.
Artrip is scheduled to be sentenced on January 24, 2020 at 9:00 a.m., in federal court in Ashland. He faces up to five years in prison. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the applicable federal statutes.
Akron man indicted for allegedly firing his gun during the armed robbery of Akron grocery storeRead the Press Release
An Akron man was indicted for allegedly firing his gun during the armed robbery of an Akron grocery store.
Dayvaire Rogers, 26, was arrested Thursday. He was indicted in U.S. District Court on one count of discharging a firearm during a crime of violence, one count of Hobbs Act robbery and one count of being a felon in possession of a firearm and ammunition.
Rogers entered the Welcome Grocery at 210 East Cuyahoga Falls Avenue on April 20, 2019 and robbed the store with a firearm. He also discharged the firearm during the robbery, according to the indictment.
Rogers possessed a loaded FMK 9 mm pistol and 13 rounds of ammunition on April 20, 2019, despite previous convictions for burglary, heroin trafficking and heroin trafficking, which made it illegal for him to possess a firearm and ammunition, according to the indictment.
“This defendant is accused of firing his gun while robbing a market where the owner was just trying to make an honest living,” U.S. Attorney Justin Herdman said. “A child was in the store at the time of the robbery. We’re fortunate this did not end in a tragedy and are grateful to the police officers and agents who worked hard to solve this crime.”
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated 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 the Akron Police Department, Medina County Drug Task Force, Drug Enforcement Administration, Wadsworth Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosive. It is being prosecuted by Assistant U.S. Attorneys Christopher Joyce and Patrick Burke.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
40-Year Sentence Imposed for Man Who Sexually Exploited ChildRead the Press Release
HOUSTON – A 39-year-old resident of Kingwood has received a massive sentence following his convictions for the attempted sexual exploitation of a child and possession of child pornography, announced U.S. Attorney Ryan K. Patrick. Enrique Velez pleaded guilty Jan. 18, 2019.
At a hearing in federal court yesterday, U.S. District Judge David Hittner handed Velez a sentence of 360 months for the attempted sexual exploitation of a child, otherwise known as production of child pornography. He also received 120 months for the possession charge. The sentences will all run consecutively for a total of 40 years in prison.
Velez will also serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Velez will also be ordered to register as a sex offender. At the hearing, the court took into consideration Velez was a repeat and dangerous sex offender because he had taken child pornography images of two minor victims.
Velez came to the attention of law enforcement Oct. 13, 2016, when authorities participated in an undercover operation in an internet chat group.
On that date, Velez began communicating with someone he believed to be the mother of an eight-year-old girl. He said he was living with a girlfriend with two minor relatives – two boys, aged five and one. Velez stated he had not “done anything” yet because of his fear of his girlfriend finding out.
He asked the person if she wanted to “do a play date,” stating he could not bring the five-year-old because he was afraid the child would say something. He sent a picture of himself and a baby. He also offered to take the baby to allow the person to sexually abuse him while Velez could sexually abuse the minor female.
As the conversation continued, Velez requested images of the eight-year-old child and wanted to trade pictures. Velez then sent two nude photos of the five-year-old male, after which they made plans to meet at a motel to engage in the sexual abuse of the young female and the one-year-old.
Later that evening, Velez arrived at the location of the motel with the one-year-old child in his vehicle. Agents found a diaper bag with condoms and lubricants.
After his arrest, Velez admitted he had left the other young male at his apartment so he could meet up with the woman and her child, further acknowledging he had taken the photo of the five-year-old minor victim.
Agents searched his cellphone after obtaining a federal search warrant and found images of child pornography. Several images included the baby naked with his genitals displayed in a lewd and lascivious manner.
Velez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Houston Metro Internet Crimes Against Children Taskforce, Houston Police Department, Fort Bend County District Attorney’s Office and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation.
Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Thursday 15 August 2019
Worcester Man Pleads Guilty to Heroin and Cocaine ConspiracyRead the Press Release
BOSTON – A Worcester man pleaded guilty today in federal court in Worcester to his role in a heroin and cocaine conspiracy.
Vito Nuzzolilo, 46, pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and more than 100 grams of heroin. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 4, 2019.
According to court documents, Nuzzolilo distributed heroin and cocaine from his apartment in Worcester and from a separate “band room” that he maintained in Worcester. A federal wiretap revealed numerous communications in which Nuzzolilo coordinated the sale of heroin or cocaine to various drug customers. The investigation also revealed that Nuzzolilo coordinated with a New York-based source of supply for the delivery of significant quantities of heroin and cocaine to Worcester. As a result of the investigation, law enforcement seized drugs from various locations, including from Nuzzolilo’s band room, his BMW, and from a car transporting cocaine from Nuzzolilo’s apartment to Maine.
Four other individuals have pleaded guilty and been sentenced in this drug conspiracy. In February 2019, Ricardo Ortega-Vasquez, 42, a Dominican national residing in New York City, was sentenced to time served (approximately 23 months in prison). In November 2018, Thomas Walker of Pemaquid, Maine, was sentenced to 30 months in prison. In September 2018, Melissa Rock, also of Pemaquid, Maine, was sentenced to 12 months and 1 day in prison. And in June 2018, Kristen Little of Worcester was sentenced to 30 months in prison.
Due to the quantity of heroin involved in this case and to a prior conviction for cocaine trafficking, Nuzzolilo faces a mandatory minimum sentence of 10 years and up to life in prison, a minimum of eight years and up to a lifetime of supervised release, and a fine of up to $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division is prosecuting the case.
Woodville Man Sentenced to Prison for Conspiracy to Steal and Sell FirearmsRead the Press Release
Jackson, Miss. – Shawnveon Holiday, 21, of Woodville, Mississippi, was sentenced Tueseday by Senior U.S. District Court Judge David C. Bramlette III to 33 months in prison, followed by three years of supervised release, for conspiring to violate federal firearms laws, announced U.S. Attorney Mike Hurst and Kirk Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Holiday was also ordered to pay restitution in the amount of $40,803.56 and a special assessment of $100.
On December 11, 2018, Holiday and co-defendant Kelandrix Lushaw were charged in a federal indictment with stealing multiple firearms from two federally licensed firearms dealers in Natchez, Mississippi. The defendants stole 13 firearms from Natchez Pawn & Jewelry on April 27, 2018, and 34 firearms from the Sports Center Sporting Goods Store on April 28, 2018. Earlier, on April 26, 2018, they had crossed the border into Louisiana to attempt to rob a gun dealer in Ridgeville, Louisiana. They proceeded to sell the stolen firearms in Wilkinson County on April 28 and 29, 2018. Holiday pled guilty before Judge Bramlette on April 11, 2019.
Co-defendant Kelandrix Lushaw pled guilty to the same charge and was sentenced by Judge Bramlette to 33 months in prison, followed by three years of supervised release.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Wilkinson County Sheriff’s Office, the Natchez Police Department, and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Theodore M. Cooperstein.
Wasilla Man Sentenced to Federal Prison for Scheme to Defraud Alaska ConsumersRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that a Wasilla man has been sentenced to prison on federal wire fraud charges which arose from a scheme that defrauded Alaska consumers.
Dmitry Kudryn, 34, of Wasilla, was sentenced yesterday by U.S. District Judge Sharon L. Gleason to serve one year in federal prison, a $100,000 fine, and the maximum three years of supervised release following his release from custody.
In July 2014, Kudryn participated in a scheme based on his importation of furniture manufactured in China and then falsely advertising the furniture for sale as having been manufactured in Italy. Specifically, Kudryn purchased hundreds of thousands of dollars’ worth of wholesale furniture from a manufacturer in China and then re-sold the furniture as “Italian leather furniture” to retail purchasers in Alaska at a significant markup using the Craigslist.com internet marketplace. He fraudulently sold hundreds of these sofa sets to individuals in Alaska, including an undercover Homeland Security Investigations (HSI) investigator.
The investigation revealed that the Craigslist advertisements falsely represented that each unit was worth $4800 “shipped from the lower 48.” Kudryn would then arrange for the retail sale of the furniture to individuals in Alaska for approximately $2400 per unit, when in reality he purchased them for less than half that amount.
In pleading guilty to conspiracy to commit wire fraud in relation to the sofa scheme, Kudryn also admitted his involvement in another long running scheme to obtain refurbished and or promotional Apple products, which were then repackaged in Alaska in counterfeit packing and sold as new to overseas purchasers using the Amazon and eBay marketplaces. Kudryn forfeited $586,748.22 in illicit proceeds from that scheme.
At the sentencing hearing, Judge Gleason noted that Kudryn had a history of fraudulent conduct in connection with his business activities in imposing sentence.
Homeland Security Investigations (HSI) and IRS Criminal Investigation (IRS-CI) conducted the investigation leading to successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Adam Alexander.
Warsaw Man Sentenced to Three Years in Prison for Possession of Child PornographyRead 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 Kory Doyle, 33, of Warsaw, NY, who was convicted of possession of child pornography, was sentenced to serve 36 months in prison by Chief U.S District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on September 5, 2017, investigators found the defendant in possession of child pornography on multiple computers, hard drives, and cellular telephones. Doyle downloaded the images and videos from various websites. Some of the images and videos depicted prepubescent minors under 12 years old, violence, and the sexual abuse of an infant.
The sentencing is the result of an investigation by Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.
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Walnut Creek Man Sentenced to More Than Two Years in Prison for Mail Theft Conspiracy Targeting San Francisco Apartment ComplexRead the Press Release
SAN FRANCISCO – Tyler Goforth was sentenced to 27 months in prison and ordered to pay restitution for his role in a conspiracy to commit wire fraud stemming from a mail theft scheme, announced United States Attorney David L. Anderson and United States Postal Inspection Service Inspector in Charge Rafael Nuñez. The Honorable Maxine M. Chesney, U.S. District Judge, handed down the sentence.
Goforth, 35, of Walnut Creek, Calif., pleaded guilty to the charge on May 29, 2019. According to his plea agreement, Goforth admitted that he and his co-defendant, Jesslyn Felix, 35, also of Walnut Creek, traveled repeatedly to the Beacon Apartment Complex, a large apartment building in San Francisco, to steal mail from Beacon residents. The defendants visited the Beacon more than a dozen times between August 2017 and February 2018. Goforth and Felix entered one of the mailrooms at the Beacon, forced open mailboxes, and then stole mail. They then used personal information and documents found in the stolen mail to steal money from Beacon residents, which they spent for personal gain. Specifically, Goforth and Felix activated credit and debit cards in the victims’ names, stole checks and gift cards, accessed bank accounts belonging to Beacon residents, and stole photo identifications which they then used to carry out their scheme to steal money. In total, Goforth and Felix stole mail from more than 80 residents of the Beacon and stole more than $40,000 from them.
A federal grand jury indicted Goforth and Felix on January 15, 2019. The 14-count indictment charged each defendant with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; five counts of wire fraud, in violation of 18 U.S.C. §1343; six counts of theft of mail, in violation of 18 U.S.C. §1708; one count of aggravated identity theft, in violation of 18 U.S.C. §1028A; and one count of possession with intent to use or transfer five or more documents or authentication features, in violation of 18 U.S.C. §1028(a)(3). Goforth and Felix both pleaded guilty to the conspiracy charge on May 29, 2019.
In addition to the prison term, Judge Chesney ordered Goforth to serve a three-year period of supervised release to begin at the completion of the prison term. Goforth has been in custody since May 6, 2019.
Judge Chesney scheduled Felix’s sentencing for September 18, 2019. Like Goforth, if Felix complies with the plea agreement, the remaining counts pending against her will be dismissed at sentencing.
Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the United States Postal Inspection Service.
Virginia Man Sentenced to 20 Years in Prison for Fatal Shooting in Southwest D.C.Read the Press Release
WASHINGTON – Joshua Lamar Artis, 29, also known as “K.O” (Knock-Out), of Dale City and Woodbridge, Virginia, was sentenced yesterday to 20 years in prison, concurrent to the sentence he is currently serving for a gun offense in Prince William County, Virginia, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
The sentencing followed a guilty plea that Artis entered to second-degree murder on July 24, 2019. The guilty plea was entered pursuant to Rule 11(c)(1)(C) of the Superior Court Rules of Criminal Procedure, and the government and Artis agreed that Artis would serve a sentence of 240 months or 20 years in prison, concurrent to the sentence that he currently is serving in Prince William County, Virginia.
Artis’s guilty plea stemmed from the shooting death of Ryan Addison in the area of Martin Luther King, Jr., Avenue and Elmira Street, S.W., at about 12:22 a.m., on Tuesday, August 11, 2015. The sentence imposed by Judge Ronna Lee Beck, means that Artis, who concludes his sentence in Prince William County, Virginia, on or about December 15, 2021, will have to serve another 232 months, or seventeen (17) years and eight (8) months in prison, followed by five (5) years of supervised release, after he completes the sentence he is currently serving.
The government’s evidence showed that in the summer of 2015, Artis and others were members of the United Blood Nation (U.B.N. commonly referred to as the “Bloods”) criminal street gang. U.B.N. was established in 1993 and is one of the largest criminal street gangs operating in the United States. Among the several factions, or “hoods” or “sets,” that comprise the U.B.N. are the Imperial Gangster Bloods (I.G.B.). There are specific rules and protocols which govern how U.B.N. gang members are to conduct themselves. The failure to abide by those rules and protocols can result in the imposition of sanctions including loss of rank, excommunication from the gang, and even death. Committing an act of violence, such as murder, on behalf of the U.B.N. or a U.B.N. leader is one way for a gang member to promote, further, or assist in gaining rank within the gang. The leader of the Northern Virginia I.G.B., based in Woodbridge, Virginia, and two other highly ranked IGB members, cooperated in the investigation. Artis, who was recruited into the Northern Virginia I.G.B. hood by the IGB leader, held the lowest rank of “Foot Soldier.”
On June 28, 2015, Rodney Delonte Davis, a.k.a. “Lo,” who was a friend and associate of both the leader of IGB and Artis, was shot and killed in the area of Galveston Place, S.W. The leader of IGB considered “Lo” a close friend whom he had known for several years. Artis had known and associated with “Lo,” but was not as close to him as the IGB leader. The IGB leader and Artis had information that the person responsible for killing “Lo” lived in the area where “Lo” was killed on Galveston Place, S.W. In the weeks following “Lo’s” murder, the IGB leader discussed with subordinate gang members, to include Arits and others, the possibility of retaliating against “Lo’s” killer.
On the night of August 10, 2015, Artis told the IGB leader that he planned to retaliate against “Lo’s” killer. The IGB leader, who had the power to sanction or prevent a subordinate gang member from committing an act of violence, authorized Artis to commit the retaliation murder. That same night, Artis, and two others, to include an IGB member, drove a rental car to N.W., Washington, D.C., and met with another IGB member at a BP gas station. There, Artis discussed with two other IGB members his desire to commit the retaliation murder. Artis was armed at the time with a 9mm High Point semi-automatic handgun that belonged to another IGB member. Artis and two others, including one IGB member, then drove in a rental car to the area of Galveston Place, S.W. Minutes after arriving, at around 12:20 a.m., on August 11, 2015, Artis slowly drove up next to Ryan Addison, who was walking in the area of Elmira Street and Martin Luther King, Jr., Avenue, S.W., just blocks away from Galveston Place, S.W. Artis opened fire at Addison, who then briefly ran down the 200 block of Elmira Street, S.W. before collapsing. Addison sustained four gunshot wounds to the back and was pronounced dead hours later. The manner of death was ruled a homicide.
After committing the murder, Artis went with another person to the IGB leader’s home in Virginia where he told the IGB leader that he had shot someone in the area where “Lo’s” killer was believed to reside. Artis subsequently requested and attained a promotion in rank within the gang for committing the murder.
After his arrest in 2016, Artis stated on a recorded jail call that “I put a lot of shit on the line for [the leader of the IGB] that I shouldn’t have. I did it out of loyalty.” In another jail call recorded in 2016, the defendant referenced “Lo,” and how, “I did a little somethin’ somethin’, out the city, you know, on that behalf,” and that “[two witnesses were] with me. . .. They ain’t do nothing though. They was just out there.”
At the sentencing hearing, the Court heard statements from Karen Herbert, Ryan Addison’s mother, Christopher Herbert, Ryan’s older brother, Cortez Addison, Ryan’s younger brother and Caesar Bowman, a close friend of Ryan.
In announcing the sentence, U.S. Attorney Liu commended the work of the detectives of the Criminal Investigations Division Homicide Branch, the Seventh Police Districts of the Metropolitan Police Department, and Evidence Technicians. She also commended the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Prince William County, Virginia, Police Department, and the Charlotte Mecklenburg, North Carolina, Police Department. As well, U.S. Attorney Liu expressed appreciation of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigators Durand Odom and Mark Crawford, Paralegal Specialist Debra Joyner, Investigative Analyst Zachary McMenamin, Litigation Technology Chief Leif Hickling, Victim Witness Supervisor Katina Adams-Washington, Victim Witness Advocate Jennifer Allen, and the summer interns and law clerks of the Homicide Section.
Finally, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Richard Barker, Ahmed M. Baset, and Michael D. Brittin for investigating and prosecuting the case.
Virginia Man Sentenced to 60 Months in Prison for Committing Hate Crime by Threatening Employees of the Arab American InstituteRead the Press Release
William Patrick Syring, 61, of Arlington, Virginia, was today sentenced to 60 months in prison for threatening employees of the Arab American Institute (AAI) because of their race and national origin, threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and transmitting threats to AAI employees in interstate commerce.
“Threats aimed to intimidate individuals based on their ethnic or racial origin are despicable violations of civil rights freedoms protected by our constitution,” said Assistant Attorney General Eric Dreiband. “The Department of Justice will continue to fight to preserve the basic rights of people to live, work, and speak in their communities without the fear of hostility based on racism.”
“Investigating hate crimes is one of the FBI’s highest criminal priorities; these hateful acts are not only an attack on the victim, but are meant to intimidate an entire community,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “This sentencing demonstrates the FBI’s commitment to holding accountable those who seek to violate the civil rights of the people of our community through violent threats.”
Evidence presented at trial established that from 2012 to 2017, Syring sent over 700 emails to AAI employees, culminating in five death threats in 2017. According to court documents, Syring previously pleaded guilty in 2008 to sending threatening emails to AAI employees. Evidence presented at trial showed that Syring used nearly identical language that he admitted were threats in 2008 as he did in 2017.
According to testimony in court, AAI employees were frightened of Syring because he had sent them death threats in the past and continued to do so over a decade later. Additionally, according to witness testimony, many AAI employees lived in fear that Syring would follow through on his threats and physically harm them. They further testified to the toll it took on them personally and their families and loved ones.
On May 9, Syring was convicted on all 14 counts in the indictment, including seven hate crime charges and seven interstate threats charges. The case was investigated by the FBI Washington Field Office, and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.
United States Reaches Agreements with Ocean County and Union County Boards of Elections to Ensure Compliance with Americans with Disabilities ActRead the Press Release
NEWARK – The United States has reached agreements with the election boards for Ocean and Union counties to ensure people with disabilities can physically access polling locations, U.S. Attorney Craig Carpenito announced today.
From 2015 to 2019, the federal government surveyed more than 100 polling places through four elections in Ocean and Union counties. The surveys found many of those polling places had physical barriers to access, potentially impeding voters who have mobility or vision impairments. The Boards of Elections in those two counties expressed their commitment to making all polling locations accessible to voters with disabilities, as required under Title II of the Americans with Disabilities Act (ADA).
Under the memoranda of agreement, the county election boards will employ temporary measures, such as portable ramps and signage, where appropriate to make polling places accessible. They will also train their poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible. The county boards will also survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreements also require the county boards to select locations that will be accessible during elections. The Department of Justice will monitor the county boards’ compliance with the agreements and provide the counties with technical assistance.
The Ocean and Union county election boards fully cooperated with the U.S. Attorney’s Office to voluntarily reach the agreements, and agreed to take remedial steps soon after learning of these findings to improve physical accessibility at polling places.
“The right of every voter with a disability to vote in person at his or her local polling place is an integral part of our democratic system of government that must be not be diminished or restricted by barriers to access,” U.S. Attorney Carpenito said. “These agreements protect this fundamental right by ensuring voting access to polling places to individuals with mobility disabilities.”
These agreements are part of the Justice Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. The Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions.
The United States is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Civil Rights Unit, Assistant U.S. Attorney Kelly Horan Florio, of the U.S. Attorney’s Civil Rights Unit, and Assistant U.S. Attorneys Elizabeth A. Pascal and Kristin Vassallo, Deputy Chiefs of the U.S. Attorney’s Civil Division.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at: http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).
Two Pittsburgh Men Charged with Conspiring to Distribute 10 Kilos of CocaineRead the Press Release
PITTSBURGH, PA – Two former residents of Pittsburgh, Pennsylvania have been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on August 13, named Abraham Martinez, 50, and Donell Higginbotham, 40, as co-defendants. The indictment, which was returned following a federal criminal complaint that was filed on July 17, 2019, charges Martinez and Higginbotham with conspiring to distribute and attempting to possess with intent to distribute 10 kilograms of cocaine. According to the Affidavit supporting the criminal complaint, investigators with the Greater Pittsburgh Safe Streets Task Force and the Federal Bureau of Investigation conducted a controlled purchase and delivery operation on July 16, 2019, and thereafter apprehended Martinez and Higginbotham with approximately 10 kilograms of suspected cocaine and $310,000 in U.S. Currency.
The law provides for a maximum total sentence of life in prison, and a mandatory minimum sentence of 10 years in prison, a fine of $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Both defendants remain detained in prison until the resolution of the case.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pittsburgh Safe Streets Task Force 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.
Two Men Arrested, Charged with Smuggling Marijuana into the United StatesRead 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 Jason Ng, 59, of Woodside, NY, and Can Ren Li, 56, of Norwich, CT, were arrested and charged by criminal complaint with smuggling of goods into the United States, importation of a controlled substance, and possession with intent to distribute a controlled substance. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on August 12, 2019, at approximately 11:10 a.m., the defendants attempted to enter the United States from Canada at the Rainbow Bridge Port of Entry in Niagara Falls, NY. Ng and Li were in a vehicle bearing New Jersey temporary license plates. During primary inspection, Ng, who was the driver, declared that he and Li spent one night at the casino and were returning to Buffalo. However, a Customs and Border Protection Officer noticed that both defendants had frequent border crossings at different ports of entry in different plated vehicles. The officer opened the back of the van and observed five spare tires. When asked why he had the tires, Ng stated that he had a tire repair business. Ng declared $1,000.00 U.S. currency and Li declared $125.00 U.S. currency. The defendants were then referred for secondary inspection.
During secondary inspection, the defendants stated that they did not have any alcohol, tobacco, marijuana, or any other illicit drugs. However, a K9 dog alerted to the side door of the van, as well as the five tires in the back of the van. An x-ray exam was conducted on the tires which showed compacted material inside the empty space of the tires. A drill was used to probe the tires and multiple plastic bags of suspected marijuana were discovered.
The defendants made an initial appearance this morning before U. S. Magistrate Judge Michael J. Roemer. Defendant Li was released on conditions. Defendant Ng was released on $25,000 bond.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Individuals Indicted Separately and Arrested for Carjacking Murder, Carjacking Resulting in Serious Bodily Harm, and Firearms OffensesRead the Press Release
SAN JUAN, P.R. – On August 14, 2019, a federal grand jury returned two separate indictments charging Carlos Rafael Rosario-Morales and Héctor L. Maldonado-Sierra for two separate violent crime events, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI and the Puerto Rico Police Department are in charge of the investigation.
Carlos Rafael Rosario-Morales is charged with carjacking resulting in death. On August 6, 2019, the defendant, with intent to cause death or serious bodily harm, took a 2017 white Ford Transit that had been transported, shipped, and received in interstate or foreign commerce, by force, violence, and intimidation, and in so doing murdered Uber Eats driver Carlos Gilberto Ponce-Fernández.
According to the investigation, on August 6, the victim was exiting a fast food restaurant in Santurce, PR after having picked up food. As he walked to his vehicle, the defendant approached him, brandished a knife, and demanded Ponce-Fernández hand him the keys to his vehicle, but the victim refused to do so, and they engaged in a physical struggle. During the struggle, Rosario-Morales stabbed Ponce-Fernández multiple times, causing his death.
On August 7, 2019, police officers arrested Rosario-Morales while entering the Ford Transit he had violently stolen the day prior. At the time of the arrest, Rosario-Morales had a knife in his waistband.
In a separate case, defendant Héctor L. Maldonado-Sierra is charged in a two-count indictment with carjacking resulting in serious bodily injury, and possession and brandishing a firearm in furtherance of a crime of violence. On July 26, 2019, the defendant, aided and abetted by others, with the intent to cause death or serious bodily harm and possessing and brandishing a firearm, took a 2016 Jeep Wrangler Unlimited that had been transported, shipped, and received in interstate or foreign commerce, from the person and in the presence of an adult male and an adult female, by force, violence, and intimidation, and in so doing caused serious bodily injury to the female victim in committing a sexual act.
“We are aware that there is concern about the number of carjackings reported in the last month. The mission of all Puerto Rico law enforcement agencies, both state and federal, is to ensure that we all feel safe in our streets, homes and neighborhoods. All law enforcement agencies are working together to prevent and solve these crimes, and to apprehend those who are a threat to our communities,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “I commend the PRPD agents, the FBI agents, and the prosecutors for their excellent work in bringing these defendants to justice.”
“The FBI and our partners have never been more determined to investigate any violent robbery to its ultimate consequences. Those youths, who are unable to say no to committing violence against others, should give it some serious consideration, because otherwise they will very likely spend a large part of their adult lives in prison,” said Douglas A. Leff, Special Agent in Charge of the FBI in Puerto Rico.
The cases are being prosecuted by Assistant United States Attorney Alexander Alum. The FBI and Puerto Rico Police Department are in charge of the investigation. If convicted, Carlos Rafael Rosario-Morales faces up to life in prison and is eligible for the death penalty; Héctor L. Maldonado-Sierra faces up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Two Indicted for Growing Marijuana in Sequoia National Forest in Fresno CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Marino Cruz Diaz, 21, and David Moreno Florez, 25, both residing in Salinas, charging them with manufacturing more than 1,000 marijuana plants, conspiracy to manufacture more than 1,000 marijuana plants, and depredation of public lands and resources, U.S. Attorney McGregor W. Scott announced. Moreno Florez was also charged with possession of a firearm in furtherance of a drug-trafficking crime.
According to court documents, law enforcement officers located a clandestine marijuana grow site in Sequoia National Forest in Fresno County. On Aug. 2, 2019, officers hiked into the grow site, where they found and arrested Cruz Diaz and Moreno Florez. Moreno Florez was carrying a loaded, AR-15 style rifle. Officers also found a loaded shotgun in the area. The cultivation site was secured, and 2,448 live marijuana plants were eradicated.
This case is the product of an investigation by the U.S. Forest Service with assistance from the California Department of Fish and Wildlife and the Fresno County Sheriff’s Office. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted of the drug conspiracy and manufacturing offenses, the defendants face a mandatory minimum statutory penalty of 10 years in prison and a maximum penalty of life in prison, as well as a $10 million fine. The environmental charge carries a maximum statutory penalty of 10 years and a fine of up to $250,000. In addition, the defendants may be liable for restitution to the U.S. Forest Service for damage sustained to the land and natural resources as a result of the cultivation activities. The firearms charge subjects Moreno Florez to a potential five-year consecutive prison term. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Men Sentenced to 50 Years Combined in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that three men were sentenced to 600 months combined in federal prison followed by 11 years of supervised release for their roles in a conspiracy to distribute controlled substances. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court records, investigators with the Drug Enforcement Administration (DEA), assisted by local law enforcement agencies, began investigating the distribution of heroin and methamphetamine in the Western District of Arkansas and Northern District of Oklahoma following the death of an individual from a suspected heroin overdose. As a result, investigators identified Vernon Williams, age 50, Gabriel Whitener, age 35, and Aaron Bevill, age 37, as distributors of narcotics in Northwest Arkansas.
In 2018, investigators conducted controlled drug purchases with Williams and Whitener. Together, Williams and Whitener distributed 91.4 grams of actual methamphetamine and 21.59 grams of heroin during those controlled purchases. In December 2018, Bevill drove Williams to California in order to obtain additional amounts of controlled substances. Oklahoma Highway Patrol stopped Bevill and Williams on their way back to Northwest Arkansas. A search of the vehicle revealed 6.2 grams of actual methamphetamine, 175.5 grams of heroin, and 883.9 grams of marijuana.
Williams, of Watts, Oklahoma, was sentenced yesterday to 248 months in federal prison followed by 5 years of supervised release. Whitener, of Watts, Oklahoma, was sentenced yesterday to 210 months in federal prison followed by 3 years of supervised release. Bevill, of Bentonville, Arkansas, was sentenced this week to 148 months in federal prison followed by 3 years of supervised release.
Williams, Whitener, and Bevill were indicted by a federal grand jury in February 2019. They entered guilty pleas in March 2019.
This case was investigated by the Drug Enforcement Administration (DEA), Benton County Narcotics Task Force, and the Oklahoma Highway Patrol. Assistant United States Attorney Kimberly Harris prosecuted the case for the United States.
Three Chicago Men Charged in Murder-For-Hire PlotRead the Press Release
CHICAGO — Three Chicago men have been charged in a murder-for-hire conspiracy that resulted in two fatal shootings in the city’s Lawndale neighborhood.
DESHAWN MORGAN, 37, DARIUS MURPHY, 19, and DEMOND BROWN, 26, are charged with conspiracy to use an interstate facility in the commission of a murder for hire, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago. All three defendants are in law enforcement custody. U.S. Magistrate Judge Susan E. Cox scheduled a detention hearing for Brown for Aug. 19, 2019, at 4:30 p.m., and preliminary hearings for Morgan and Murphy for Aug. 20, 2019, at 10:30 a.m.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; Eddie Johnson, Superintendent of the Chicago Police Department; Kathy A. Enstrom, Special Agent-in-Charge of the Chicago office of the Internal Revenue Service Criminal Investigation Division; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; and Kimberly M. Foxx, Cook County State’s Attorney. Valuable assistance was provided by the Cook County Sheriff’s Office, the FBI, the Chicago High Intensity Drug Trafficking Area program (HIDTA), and the Organized Crime Drug Enforcement Task Force (OCDETF). The government is represented by Assistant U.S. Attorneys John D. Mitchell and Grayson S. Walker.
According to the complaint, Morgan has been involved in violence and illegal narcotics trafficking on the West Side of Chicago. Morgan believed Donald Holmes, Jr., was working with law enforcement as a confidential informant and Morgan sought to have him killed, the complaint states. In the fall of 2017, Morgan hired Murphy and Brown to murder Holmes in exchange for $5,000 and an assault rifle, the charges allege.
On the night of Jan. 31, 2018, the defendants lured Holmes to the 4700 block of West Arthington Street in Chicago, the complaint states. Holmes arrived with his girlfriend, Diane Taylor, and the pair was sitting in Holmes’s Jeep Cherokee parked on the street when Murphy entered the vehicle and shot Holmes and Taylor multiple times in the back of their heads, the complaint states.
Although Holmes had previously worked as a cooperating source for law enforcement, he was not working with law enforcement at the time of the murders, the complaint states.
The day after the murders, Brown purchased a used Buick LeSabre for $900 in cash, the complaint states. Brown then allegedly traveled to Minneapolis, Minn., where he traded the handgun used in the murders for a different firearm. Law enforcement eventually recovered the gun used in the murders after it was discovered in the possession of a Minnesota resident who was arrested in February 2018 in Milwaukee, Wisc., according to the complaint.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The charge in the complaint carries a mandatory sentence of life in prison, while a sentence of death is also possible. Only the Attorney General of the United States has the authority to seek the death penalty. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Thirty-Three G-Shine Gang Members and Drug Trafficking Associates Plead Guilty in Federal CourtRead the Press Release
Florence, South Carolina --- U.S. Attorney Sherri A. Lydon announced today that less than nine months after 33 Horry County and Myrtle Beach drug traffickers were indicted based on a federal wiretap investigation into the G-Shine/SMG gang, all 33 have pleaded guilty and are being sentenced in federal court.
“When we lock arms with our local, state, and federal agencies to get the most violent offenders off our streets, our communities notice an immediate and sustained positive impact,” said U.S. Attorney Lydon. “In the first half of 2017, there were 14 homicides in Horry County. After the Operation Rise and Shine takedown, that number dropped to three homicides in the first half of this year. Robberies and aggravated assaults have also noticeably declined. This case demonstrates the effectiveness of the Project Safe Neighborhoods model, and we will continue to replicate it across the state as we combat violent crime and the opioid epidemic.”
The evidence presented by Assistant United States Attorney Everett McMillian in court hearings reflects that each of the defendants named in the indictment were members and/or associates of a drug trafficking organization known by the name “G-Shine,” formerly known as Gangster Killer Bloods. G-Shine is a Bloods Gang set that evolved from the United Blood Nation in the late 1990s. G-Shine originated in the New York/New Jersey area and migrated along the east coast and now has sets, or sub-groups, in multiple states including New York, New Jersey, North Carolina, and South Carolina. Shine Money Gang is a sub-set of G-Shine that is based in the Longs, South Carolina, area. G-Shine’s gang members and associates engage in the sale of narcotics, including heroin, fentanyl, oxycodone, crack cocaine, and other substances, and use firearms to defend themselves and their criminal enterprise. The evidence reflects that multiple overdoses are attributed to the drugs this gang distributed. This group was specifically pursued for federal prosecution because local law enforcement identified it as one of the most problematic gangs in Horry County.
Authorities used a number of investigative techniques to obtain the evidence needed to secure convictions against this group, including controlled purchases of narcotics, undercover surveillance, interviews of confidential human sources, and a court-authorized wiretap. The investigation was a multi-year, collaborative effort by several local and state agencies, including the Horry County Police Department, Horry County Sheriff’s Office, 15th Circuit Drug Enforcement Unit, Myrtle Beach Police Department, Conway Police Department, South Carolina Law Enforcement Division, Drug Enforcement Administration, United States Marshals Service, and United States Postal Inspection Service. The wiretap investigation was quarterbacked by the Federal Bureau of Investigation in concert with the other agencies. Assistant United States Attorneys Everett McMillian and Justin Holloway are prosecuting the case with support from the 15th Circuit Solicitor’s Office.
Several defendants pleaded guilty within weeks of being arrested during the December 12, 2018, takedown of the organization that involved approximately 125 agents from 12 different law enforcement agencies in and around South Carolina. The final two defendants pleaded guilty on July 22, 2019, just days before their jury trial was set to begin in Florence. Twenty-six of the defendants have already been sentenced—with several of the organization’s leaders and suppliers receiving sentences of 10 years or more in federal prison, as follows:
- Christopher Kayvon Giddens, of Longs, sentenced to 198 months
- Kennis Lorenzo Willard, of Longs, sentenced to 121 months
- Aaron Delond Stanley, of Myrtle Beach, sentenced to 120 months
- Farentino Santonia Green, of Conway, sentenced to 120 months
- Christopher Lamont Pino, of Little River, sentenced to 120 months
- Trey Levert Cox, of Poplar, sentenced to 120 months
- Richard Earl Hemingway, Jr., of Myrtle Beach, sentenced to 108 months
- Rashea Omar Jenerette, of Poplar, sentenced to 84 months
- Shaquille Anthony Gore, of Myrtle Beach, sentenced to 84 months
- Ralph Cleodus Willard, Jr., of Little River, sentenced to 72 months
- Cory Antwan Pertell, of Loris, sentenced to 60 months
- Glen Garrick Holley, of Myrtle Beach, sentenced to 60 months
- Crystal Nicole Dickey, of Little River, sentenced to 54 months
- Dennis Tyron Chestnut, of Myrtle Beach, sentenced to 46 months
- Montea Daryel Myers, of Myrtle Beach, sentenced to 41 months
- Marcus Antonio Hemingway, of Longs, sentenced to 36 months
- Donte Raquan Xavier Livingston, of Myrtle Beach, sentenced to 36 months
- Jada Teal Abril Pyatt, of Myrtle Beach, sentenced to 36 months
- Myland Castelle Davis, of Conway, sentenced to 30 months
- Xavier Jermaine Horne, of Myrtle Beach, sentenced to 30 months
- Eddie Mario Jones, of Myrtle Beach, sentenced to 30 months
- Wendy Elaine Blue, of Longs, sentenced to 30 months
- Kalaera Marie Gee, of Aynor, sentenced to 21 months
- Blake Lashay Evans, of Longs, sentenced to 18 months
- Terrance Damon Richardson, Jr., of Longs, sentenced to 12 months
- Katelyn Anne Stetler, of Little River, sentenced to Time Served
The remaining defendants will likely be sentenced in the coming weeks.
“We truly believe that public safety is a shared responsibility, and this case is a perfect example,” said Myrtle Beach Police Chief Amy Prock. “The efforts of all agencies involved in this case, and the support of the U.S. Attorney and those assisting in the coordination and prosecution, continue to impact the reduction of crime in the Myrtle Beach area. Year to date, Myrtle Beach has had a 14% reduction in Part I crimes, and we attribute this to the ongoing dedication of our team, the partnerships with our local, state and federal agencies, and our community working together to identify those individuals polluting our community with these behaviors. The collaborative enforcement and prosecution effort to address this has been impactful. We are continuously working internally and with our partners to fight the battle on crime. Our message is clear: Don’t come to our area to commit crimes, because you will be caught.”
This prosecution is just one element of a continued and increased focus on stopping violent crime and eradicating the sources of supply of dangerous opioids and other illegal narcotics in the Myrtle Beach area, in Horry County, and across South Carolina. This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Additional information about this case can be found on the docket of the United States District Court, Criminal Case Number 4:18-CR-1080.
Texas Men Get Significant Sentences for Distributing 99% Pure MethRead the Press Release
BROWNSVILLE, Texas – Three Dallas men are now in prison for possession with intent to distribute nearly two kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick.
Ricardo Coria, 40, pleaded guilty Jan. 4, 2019, admitting he knowingly conspired with Juan Angel Zambrano, 46, to possess the methamphetamine with the intent to distribute it. Cesareo Soto-Martinez, 59, pleaded guilty to his role May 10, 2019.
Today, U.S. District Judge Fernando Rodriguez ordered Soto-Martinez to serve a total of 46 months in federal prison followed by five years of supervised release. Zambrano and Coria were previously sentenced to 130 and 210 months, respectively. The sentences were enhanced as the court found the methamphetamine was 99 percent pure, making the substance ice - a more potent form of the drug. In imposing the sentence for Soto-Martinez, the court noted his limited participation in the overall conspiracy. Coria received an upward adjustment in his sentencing due to his status as a recruiter.
On April 5, 2017, Zambrano attempted to enter the United States through the Veterans Port of Entry in Cameron County as a passenger in a commercial bus. During inspection at the pedestrian area, he presented his personal items to include a backpack and an ice chest.
A search of the chest revealed approximately 1.8 kilograms of methamphetamine – ultimately determined to be ice due to its extremely high purity level.
The investigation revealed that in late January 2017, Coria needed a courier to transport drugs to pay a debt to an individual in Mexico. Coria then met Zambrano and Soto-Martinez at a barbecue in Dallas, at which time he recruited Zambrano to transport narcotics for him.
Just prior to the April 2017 seizure of the nearly two kilograms of methamphetamine, Coria had difficulty contacting Zambrano to travel to Mexico to pick up the narcotics. Soto-Martinez contacted Zambrano and asked him to contact Coria. Soto-Martinez also provided his vehicle for the trip and traveled with Zambrano and Coria.
All have been and remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and a Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys Angel Castro and Jody Young prosecuted the case.
Tennessee Correctional Officer Pleads GuiltyTo Federal Civil Rights Offense for Beating InmateRead the Press Release
Memphis, TN – Nathaniel Griffin, 29, today pleaded guilty to using unlawful force on an inmate while Griffin was serving as a correctional officer with the Tennessee Department of Corrections, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, United States Attorney for the Western District of Tennessee D. Michael Dunavant, and FBI-Memphis Special Agent in Charge M.A. Myers.
"The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and attempting to cover up violations of federal criminal law," said Assistant Attorney General Eric Dreiband. "Officer Griffin abused his power in this case, and the Department of Justice held him accountable for his unlawful actions."
"Correctional officers must abide by and adhere to the same laws they take an oath to uphold and enforce. Instead of serving and protecting the public, this officer used physical force to violate the civil rights of an individual and will now be held accountable, vividly illustrating that no one is above the law," said U.S. Attorney D. Michael Dunavant.
"The FBI takes all allegations of civil rights violations seriously, and we will work tirelessly alongside our law enforcement partners to preserve the integrity of the criminal justice system," said M.A. Myers, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "Those who choose to ignore the oath they took to protect and serve will be investigated and brought to justice."
On or about Feb. 1, Griffin and fellow correctional officers T.P., J.Y., C.M., and C.S. entered the cell of R.T., an inmate in the mental health unit at the Northwest County Correctional Complex in Tiptonville, Tennessee. Inmate R.T. spit and then remained seated on a bench, with his arms by his sides.
Correctional officer J.Y. looked in the direction of the surveillance camera in the cell and said, "Cover the camera." Officer C.S. then covered the camera with his hand. When the camera was covered, Griffin saw inmate R.T. sitting with his arms by his side. Correctional Officer J.Y. then repeatedly punched R.T. Griffin estimated that Officer J.Y. hit R.T. between 20-30 times. At some point, Officer J.Y. stopped hitting R.T., looked back at Officer T.P., and said, "Get you some." Officer T.P. then stepped up and punched R.T. between four to five times.
During the assault by the officers, inmate R.T. sat on the bench and covered his face and head with his hands. Griffin knew that punching R.T. was unlawful, but he did not step in to stop it. Officers T.M., C.S., and C.M. were in a position to watch as J.Y. and T.P. punched inmate R.T., but none of them attempted to stop the officers from hitting R.T.
Griffin heard an officer in the cell ask for paper towels. Correctional Officer C.M. handed the towels to Griffin. Griffin wet them in the sink, and handed them to Officer C.S. Griffin knew when they wet the towels, they would be used to cover the camera. After R.T. was punched by J.Y. and T.P., Griffin observed that R.T. was bleeding.
After Officers J.Y. and T.P. stopped punching R.T., the inmate spit on Griffin’s chest and arm. Griffin punched R.T. multiple times. Griffin then left the cell.
Outside of the cell, Griffin spoke with T.P., J.Y., and Corporal T.M. Corporal T.M., who was the ranking officer, told the other officers that they should come up with a false cover story about what happened to R.T. Griffin understood that any subsequent discussion of the incident would not include that he and other officers had punched R.T.
Griffin admitted in today’s guilty plea that he violated 18 U.S.C. § 242 when he repeatedly punched and injured inmate R.T. without legal justification. The maximum penalty for this civil rights offense is 10 years imprisonment. Sentencing is scheduled for November 13, 2019, before U.S. District Court Judge J. Daniel Breen.
This case was investigated by the Memphis Division of the FBI with the support of the Tennessee Department of Corrections, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant United States Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
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Tennessee Correctional Officer Pleads Guilty to Federal Civil Rights Offense for Beating InmateRead the Press Release
Nathaniel Griffin, 29, today pleaded guilty to using unlawful force on an inmate while Griffin was serving as a correctional officer with the Tennessee Department of Corrections, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, United States Attorney for the Western District of Tennessee D. Michael Dunavant, and FBI-Memphis Special Agent in Charge M.A. Myers.
“The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and attempting to cover up violations of federal criminal law,” said Assistant Attorney General Eric Dreiband. “Officer Griffin abused his power in this case, and the Department of Justice held him accountable for his unlawful actions.”
"Correctional officers must abide by and adhere to the same laws they take an oath to uphold and enforce. Instead of serving and protecting the public, this officer used physical force to violate the civil rights of an individual and will now be held accountable, vividly illustrating that no one is above the law,” said U.S. Attorney D. Michael Dunavant.
"The FBI takes all allegations of civil rights violations seriously, and we will work tirelessly alongside our law enforcement partners to preserve the integrity of the criminal justice system," said M.A. Myers, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "Those who choose to ignore the oath they took to protect and serve will be investigated and brought to justice."
On or about Feb. 1, Griffin and fellow correctional officers T.P., J.Y., C.M., and C.S. entered the cell of R.T., an inmate in the mental health unit at the Northwest County Correctional Complex in Tiptonville, Tennessee. Inmate R.T. spit and then remained seated on a bench, with his arms by his sides.
Correctional officer J.Y. looked in the direction of the surveillance camera in the cell and said, “Cover the camera.” Officer C.S. then covered the camera with his hand. When the camera was covered, Griffin saw inmate R.T. sitting with his arms by his side. Correctional Officer J.Y. then repeatedly punched R.T. Griffin estimated that Officer J.Y. hit R.T. between 20-30 times. At some point, Officer J.Y. stopped hitting R.T., looked back at Officer T.P., and said, “Get you some.” Officer T.P. then stepped up and punched R.T. between four to five times.
During the assault by the officers, inmate R.T. sat on the bench and covered his face and head with his hands. Griffin knew that punching R.T. was unlawful, but he did not step in to stop it. Officers T.M., C.S., and C.M. were in a position to watch as J.Y. and T.P. punched inmate R.T., but none of them attempted to stop the officers from hitting R.T.
Griffin heard an officer in the cell ask for paper towels. Correctional Officer C.M. handed the towels to Griffin. Griffin wet them in the sink, and handed them to Officer C.S. Griffin knew when they wet the towels, they would be used to cover the camera. After R.T. was punched by J.Y. and T.P., Griffin observed that R.T. was bleeding.
After Officers J.Y. and T.P. stopped punching R.T., the inmate spit on Griffin’s chest and arm. Griffin punched R.T. multiple times. Griffin then left the cell.
Outside of the cell, Griffin spoke with T.P., J.Y., and Corporal T.M. Corporal T.M., who was the ranking officer, told the other officers that they should come up with a false cover story about what happened to R.T. Griffin understood that any subsequent discussion of the incident would not include that he and other officers had punched R.T.
Griffin admitted in today’s guilty plea that he violated 18 U.S.C. § 242 when he repeatedly punched and injured inmate R.T. without legal justification. The maximum penalty for this civil rights offense is 10 years imprisonment. Sentencing is set for Nov. 13.
This case was investigated by the Memphis Division of the FBI with the support of the Tennessee Department of Corrections, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant United States Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
Tenderloin Drug Dealer Sentenced to Three Years in PrisonRead the Press Release
SAN FRANCISCO – Luis Villarreal was sentenced to 36 months in federal prison and three years of supervised release for possessing with intent to distribute fentanyl, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Chris Nielsen. The sentence was handed down by the Honorable Edward M. Chen, United States District Judge.
Villarreal, 23, of San Francisco, pleaded guilty to the charge on May 8, 2019. According to the plea agreement, Villarreal admitted that on February 25, 2019, he was arrested on an outstanding warrant while outside the Bill Graham Civic Auditorium in the Tenderloin neighborhood of San Francisco. At the time of Villarreal’s arrest, San Francisco Police Department officers found him in possession of 160 individually wrapped baggies of fentanyl, 37 individually wrapped baggies of methamphetamine, 29 individual bindles of heroin, and 25 Zubsolv pills—a controlled substance that generally may not be possessed without a license or prescription. In the plea agreement, Villarreal admitted that he knowingly possessed and intended to distribute all of the recovered narcotics.
On March 21, 2019, a federal grand jury indicted Villarreal, charging him with one count of possession with intent to distribute fentanyl, one count of possession with intent to distribute heroin, and one count of possession with intent to distribute methamphetamine. Villarreal pleaded guilty to the fentanyl charge and the remaining charges were dismissed at sentencing.
Villarreal was taken into federal custody on March 28, 2019, and has remained in custody since that time. He will begin serving the sentence immediately.
Assistant United States Attorney Sloan Heffron is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the DEA and the San Francisco Police Department.
Storm Lake Man Sentenced to Federal Prison for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced August 9, 2019, to 6 years in federal prison.
James Gailey, 49, from Storm Lake, Iowa, received the prison term after pleading guilty to one count of child pornography on March 4, 2019.
At the plea hearing, Gailey admitted that in October 2017 he utilized a Dropbox account to receive child pornography. Gailey further admitted that in January 2018 he utilized a second Dropbox account to receive additional child pornography. Gailey also admitted that he received images and videos of sexual abuse or exploitation of victims as young as infants or toddlers. Evidence at sentencing further showed that Gailey’s offense involved over 600 images of child pornography.
Gailey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gailey was sentenced to 72 months’ imprisonment. He was ordered to make $18,000 in restitution. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Gailey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.” The case is being prosecuted by Assistant United States Attorney Mikala M. Steenholdt and was investigated by the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4065. Follow us on Twitter @USAO_NDIA.