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Monday 12 August 2019
Three men indicted for possession methamphetamine found in active conversion laboratoryRead the Press Release
ROME, Ga. - Daniel Landa-Duerta, Mauricio Dominguez-Vazquez, and Jorge Armando Avalos-Menera has been arraigned on federal charges related to methamphetamine seized from a conversion laboratory in Dallas, Georgia.
“Methamphetamine is poison and continues to be a scourge in our district,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to our vigilant law enforcement partners, this large quantity of drugs was discovered and seized before it could make its way into our community.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said of the indictment, “The cocktail of deadly chemicals used to manufacture methamphetamine are a recipe for disaster. These substances are not only volatile and toxic, but they also destroy families, communities and lives. Because of the collective effort between our local, state and federal law enforcement counterparts and the U.S. Attorney’s Office, these defendants were brought to justice and will no longer be able to distribute these dangerous chemicals.”
“This case began with information provided to law enforcement by concerned citizens in Paulding County. Agents acted immediately to prohibit citizens being exposed. A search warrant led to the dismantling of an extremely large clandestine methamphetamine conversion lab and the seizure of an unprecedented amount of methamphetamine in Paulding County. The Haralson Paulding Drug Task Force, the Paulding County Sheriff’s Office and the Drug Enforcement Administration are working together to ensure a safe and positive outcome for all.”
According to U.S. Attorney Pak, the charges, and other information presented in court: On June 26, 2019, law enforcement uncovered an active methamphetamine conversion laboratory in Dallas, Georgia, allegedly used to convert liquid methamphetamine into crystal methamphetamine for distribution. Large quantities of crystal and liquid methamphetamine were seized in the laboratory, and additional methamphetamine was seized in a traffic stop of a vehicle leaving the laboratory. In total, law enforcement seized over 80 kilograms of crystal methamphetamine and approximately 75 gallons of liquid methamphetamine during the course of this investigation.
On July 24, 2019, a federal grand jury returned an indictment against Daniel Landa-Duerta, 20, of Múgica, Mexico, Mauricio Dominguez-Vazquez, 53, of Tallahassee, Florida, and Jorge Armando Avalos-Menera, 32, of Tulsa, Oklahoma, charging each of them with one count of conspiracy to possess with intent to distribute methamphetamine and one count of possessing with intent to distribute at least 500 grams of methamphetamine.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration, with assistance by the Paulding County Drug Task Force.
Assistant U.S. Attorney Teresa M. Stolze is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Men Indicted for Cyberstalking Conspiracy That Resulted in MurderRead the Press Release
KANSAS CITY, Mo. – Three men have been indicted by a federal grand jury for their roles in a cyberstalking conspiracy that utilized GPS tracking devices to help carry out the murder of a Kansas City, Missouri, man.
Lester E. Brown, 32, of Kansas City, Missouri, Michael Young, 29, of Independence, Missouri, and Ronell Pearson, 32, currently living in the Minneapolis, Minnesota, area, were charged in a three-count indictment returned under seal by a federal grand jury on Wednesday, Aug. 7. Pearson was arrested today and has an initial court appearance in U.S. District Court in Minneapolis, Minn. Young was arrested on Thursday, Aug. 8, following a high-speed pursuit by law enforcement in which he crashed his vehicle. Brown is currently in federal custody in an unrelated case.
Murder of Christopher Harris
The federal indictment alleges that Brown, Young, and Pearson participated in a conspiracy from Nov. 1, 2017, to March 19, 2018, to engage in the cyberstalking of Christopher Harris, which resulted in his death. They allegedly deployed multiple GPS devices on vehicles used by Harris and his associates to track their locations. They allegedly used a GPS device on Harris’s vehicle to track Harris and kill him while he was dropping off his minor daughter after her dance class.
The indictment also alleges that conspirators sent threatening messages to Harris using the social media service Snap in November and December 2017. These messages included photographs of GPS devices, and demanded a payment to Brown of $1,000 per month. One message allegedly threatened Harris to “Pay me, or I’m going to touch something deeper, something close to you.”
In January 2018, the indictment says, conspirators surveilled Harris’s girlfriend at her place of employment, and followed her to the residence she shared with Harris. On Feb. 2, 2018, they allegedly deployed a GPS tracking device on Harris’s black Nissan Altima, and used a tracking service to determine his real-time location. Another tracking device was deployed on Harris’s vehicle on March 12, 2018.
On March 14, 2018, Harris picked up his daughter and drove her to dance class. Conspirators tracked Harris as he drove his daughter home from dance class and dropped her off at her mother’s residence. Conspirators shot a firearm multiple times into Harris’s vehicle, causing Harris to exclaim, “My daughter’s in the car! My daughter is in the car!” They then shot Harris multiple times in the head, killing him.
Brown, Young, and Pearson are charged together in one count of conspiracy to commit cyberstalking resulting in the death of Harris, and one count of aiding and abetting in the cyberstalking of Harris, resulting in his death.
Brown is also charged with one count of being a felon in possession of a firearm for illegally possessing the Glock .45-caliber pistol used to murder Harris. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brown has prior felony convictions for receiving stolen property and for being a felon in possession of a firearm.
Murder of Ryan Cobbins
The indictment also cites the murder of Ryan Cobbins, a friend and associate of Harris. One of the Snap messages allegedly sent to Harris threatened, “Man, you … are gonna end up like Ryan,” which Harris took to be a reference to the murder of his friend Ryan Cobbins in 2013.
According to the indictment, in late 2013 Brown (who had recently activated a GPS tracking service) impersonated a customer looking to purchase a vehicle when he was confronted by a mechanic, who found Brown underneath an orange Camaro that belonged to an (unidentified) associate of Harris’s. The vehicle was later sold to Cobbins. Brown also allegedly impersonated a law enforcement officer to a mechanic who discovered a GPS tracking device underneath another vehicle owned by Harris’s associate, and demanded the return of the tracking device. In January 2014, Harris’s associate discovered another GPS tracker on one of his vehicles.
Cobbins went missing on Oct. 24, 2013, following a haircut appointment. In November 2013, Brown accepted $20,000 from Harris and another person as “ransom” payment for the return of Cobbins. Brown claimed he could act as the middleman between the kidnappers and Harris, and that he could arrange the safe return of Cobbins. On Dec. 31, 2014, Cobbins was found dead from multiple gunshot wounds, with hair clips still in his hair from his Oct. 24, 2013, haircut appointment.
There are no charges in the indictment directly related to the murder of Cobbins.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Matthew P. Wolesky and Joseph M. Marquez. It was investigated by the Independence, Mo., Police Department, the Kansas City, Mo., Police Department, and the FBI.
Thirteen-Time Felon Pleads Guilty to Drug and Gun ChargesRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty today to cocaine and gun charges.
According to court documents, Curtis Talley, 38, who has 13 prior felony convictions, many of which are for prior probation violations, was found with distribution amounts of cocaine, marijuana, and a loaded gun when Norfolk police officers arrested him on outstanding warrants.
Talley pleaded guilty to possession with intent to distribute cocaine and possessing a firearm in furtherance of that crime, and faces a mandatory minimum sentence of five years and a maximum of life when sentenced on December 2. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Larry D. Boone, Chief of Norfolk Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Andrew Bosse is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-114.
The United States files false claims act complaint against Robert C. Burkich, M.D. and affiliated entityRead the Press Release
ATLANTA – The United States has filed a False Claims Act complaint against Robert C. Burkich, M.D and Preventative Medicine Anti-Aging & Chelation, Inc. (hereinafter, the “Burkich defendants”). The lawsuit alleges that the Burkich defendants were responsible for the submission of false claims to Medicare for medically unnecessary chelation therapy.
“To participate in the Medicare program, healthcare providers must also certify that the services they provide to patients are medically necessary for the health of the patient,” said U. S. Attorney Byung J. “BJay” Pak. “When healthcare providers falsely certify that the services they provide to patients are medically necessary, they deplete the resources available to Medicare beneficiaries that are actually in need of care. In concert with our regulatory and law enforcement partners, we will continue to identify and pursue actors that commit acts of waste, fraud and abuse against the Medicare program.”
OPM-OIG Deputy Assistant Inspector General for Investigations Thomas W. South said, “The OPM-OIG is committed to investigating health care providers that not only waste federal funds but also compromise the health and safety of patients by providing services that are medically unnecessary.”
“We will not allow greed to impede beneficiaries’ access to necessary, quality health services,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Our agents, working closely with our law enforcement partners, will continue to protect taxpayer dollars and vulnerable recipients of government healthcare programs.”
The United States’ complaint alleges that, between September 2009 and January 2017, Dr. Burkich provided medically unnecessary chelation therapy by, inter-alia, intravenously administering the chelation drug edetate calcium disodium (EDTA) to Medicare beneficiaries who were not suffering from lead poisoning. Chelation therapy is a rarely used treatment that is generally only indicated for individuals suffering from lead poisoning and other forms of heavy metal poisoning (HMP). EDTA, one of the drugs used in chelation therapy, is indicated only as a treatment for lead poisoning and lead encephalopathy.
Lead poisoning is diagnosed by determining whether the patient has had recent exposure to lead, and by testing the patient’s blood lead level (BLL). However, whereas a symptomatic adult patient should only be chelated if she has a significantly heightened BLL (e.g. in excess of 50 mcg/dL), Dr. Burkich allegedly chelated patients with no lead detected in their blood whatsoever, or with only exceedingly low BLLs (e.g., less than 2 mcg/dL).
Dr. Burkich admitted that he left Tennessee and relocated to Georgia because he felt that Tennessee restricted the use of EDTA to patients suffering from lead poisoning, whereas his belief was that Georgia allowed EDTA to be utilized as an experimental treatment for a variety of conditions. Indeed, Burkich allegedly touted and administered EDTA as an effective treatment for a variety of conditions other than lead poisoning, such as heart disease, fatigue and osteoarthritis. However, Medicare does not cover EDTA chelation therapy for alternative and/or experimental uses such as these.
The United States contends that these chelation treatments are contrary to the standard of care and medically unnecessary. EDTA has a black box warning indicating that it “is capable of producing toxic effects which can be fatal.” Its adverse side effects include fever, chills, malaise, fatigue, myalgia, arthralgia, hypotension, cardiac rhythm irregularities, acute necrosis of proximal tubules (which may result in fatal nephrosis), nausea, vomiting, hypercalcemia, tremors, headaches, numbness and others. Inappropriate use of EDTA risks these harms without benefit.
This matter was investigated by Assistant U.S. Attorney Paris Wynn of the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health and Human Services’ Office of Inspector General and the Office of Personnel Management’s Office of the Inspector General.
The claims asserted against the defendants are allegations only and there has been no determination of liability.
The lawsuit is captioned United States v. Robert C. Burkich, M.D., et al., Civil Action No. 1:19-cv-03510 MLB (NDGA 2019).
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Tahlequah Man Sentenced to 60 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jack Dewayne Neugin, age 50, of Tahlequah, Oklahoma, was sentenced to 60 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
The Indictment alleges that on or about April 27, 2018, within the Eastern District of Oklahoma, the defendant, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm – a Hatfield single shot 20-gauge shotgun – and ammunition, which had been shipped and transported in interstate commerce.
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 Sarah McAmis represented the United States.
Tahlequah Man Sentenced to 30 Months for Possession of AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeremiah Raye Post, age 33, of Tahlequah, Oklahoma, was sentenced to 30 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Tahlequah Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about August 16, 2018, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed in and affecting commerce ammunition which had been shipped and transported in interstate commerce.
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 Jarrod Leaman represented the United States.
Stigler Man Sentenced to 168 Months for Methamphetamine Distribution and 37 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Clinton Shane Strable, age 36, of Stigler, Oklahoma, was sentenced to 168 months’ imprisonment and 5 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A); and to 37 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) on two separate Indictments. The charges arose from an investigation by the Pittsburg County Sheriff’s Office, the Drug Enforcement Administration, the Haskell County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment for federal drug crimes alleged that on or about September 18, 2018, the defendant knowingly and intentionally possessed with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. The second Indictment alleged that on or about April 22, 2018 the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed in and affecting commerce, firearms and ammunition, which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “The investigations and prosecution of the defendant for federal drug and weapons offenses is the result of strong working relationships law enforcement agencies have in the Eastern District. Federal prosecution is not always an option or the best option. However, when it is, this office and the federal law enforcement community is eager to assist local law enforcement agencies in our shared missions to protect the public. This case is a great example of the benefit of working together.”
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 Clay Compton represented the United States.
Soldier Creek Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man convicted of Involuntary Manslaughter was sentenced on August 12, 2019, by U.S. District Judge Roberto A. Lange.
Robert Staples, Jr., age 35, was sentenced to 37 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Staples was indicted by a federal grand jury on February 13, 2019. He pled guilty on May 28, 2019.
The conviction stemmed from an incident that occurred on September 14, 2018, when Staples was backing a vehicle out of his driveway in the Soldier Creek community, where children frequently played in the street. Staples struck two children with his vehicle, and one of the children was killed in a grossly negligent manner. Staples further had THC, a compound found in marijuana, in his bloodstream at the time of the wreck.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Staples was immediately turned over to the custody of the U.S. Marshals Service.
Second Former Postal Employee Pleads Guilty to Federal Marijuana ChargeRead the Press Release
HUNTINGTON, W.Va. – A second former postal employee who helped deliver marijuana which was mailed from California to Huntington over a period of several years pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Michael Mason Morton, 54, entered a guilty plea to distribution of marijuana in federal court in Huntington. Stuart commended the investigative efforts of the United States Postal Service Office of Inspector General, the United States Postal Inspection Service, and the West Virginia State Police – Violent Crime and Drug Task Force West.
“Yet another postal employee turned drug dealer,” said United States Attorney Mike Stuart. “The postal employees engaged in this scheme abused their positions, turning postal delivery routes into drug trafficking routes. This was an incredibly egregious, long-term drug networking scheme operating from California to West Virginia. Those involved will be held accountable.”
On March 15, 2018, agents located two parcels containing marijuana at the Huntington Post Office which had been mailed from California. Agents observed Morton load the parcels into his postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington. At that location, Morton provided the parcels to James Waylon Molinaro who arrived in a separate vehicle. A Trooper with the West Virginia State Police subsequently conducted a traffic stop of Molinaro’s vehicle in the 1000 block of 9th Street in Huntington and recovered the parcels. The parcels were found to contain a total of 16 pounds of marijuana.
As part of his plea, Morton admitted that, between 2015 and March of 2018, he conspired with Molinaro, Chris Crookshanks, and others to distribute marijuana in the Huntington area. During the conspiracy, Molinaro acquired marijuana in California and arranged for it to be shipped through the United States mail from California to Huntington. Once the parcels containing marijuana arrived in Huntington, Molinaro paid multiple postal employees, including Morton and Crookshanks who were letter carriers with the postal service, to deliver the parcels on their assigned delivery routes or to meet Molinaro at other locations to provide the parcels to him. Morton admitted that he was responsible for the delivery of up to 80 kilograms of marijuana during his participation in the conspiracy.
Molinaro pled guilty on August 1, 2019, to possession with intent to distribute marijuana based on his involvement in the conspiracy. Molinaro also pled guilty to prohibited possession of a firearm by a convicted felon stemming from an unrelated investigation and is scheduled to be sentenced on November 4, 2019. Crookshanks pled guilty on August 5, 2019, to conspiracy to distribute marijuana and is also scheduled to be sentenced on November 4, 2019.
Morton faces up to 5 years in federal prison when he is sentenced on November 4, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecutions. The plea hearing was held before United States District Judge Robert C. Chambers.
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San Luis Obispo Man Pleads Guilty to Conspiring to Distribute Marijuana on the Dark WebRead the Press Release
FRESNO, Calif. — Daniel McMonegal, 36, of San Luis Obispo, pleaded guilty today to conspiring to distribute a controlled substance, U.S. Attorney McGregor W. Scott announced.
According to court documents, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market. McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a nonprofit medical marijuana cooperative. McMonegal then laundered the bitcoin proceeds of his drug distribution through an undercover agent located in New York. After receiving the bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa. In total, McMonegal distributed approximately 146 kilograms of marijuana in exchange for approximately $476,500 in bitcoin.
This case is the product of an investigation by Homeland Security Investigations (HSI). Assistant U.S. Attorney Grant B. Rabenn is prosecuting the case.
McMonegal is scheduled to be sentenced by U.S. District Judge Lawrence J. O'Neill on Nov. 12. McMonegal faces a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will 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.
This case was the product of Operation Dark Gold, a coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the dark web. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on dark web market sites, exchanging U.S. currency for virtual currency. Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets that lead to the arrest and impending prosecution of more than 35 dark net vendors, including McMonegal.
Robber of Jewelry and Gemstones Extradited from Columbia to the United States Sentenced to Prison for ConspiracyRead the Press Release
PITTSBURGH - A Colombian national arrested in Colombia and extradited to Pittsburgh, Pennsylvania, was sentenced today to 33 months in prison in federal court in Pittsburgh for his role in the Hobbs Act robbery of an employee of a New York business that sold jewelry and gemstones.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, Special Agent in Charge Robert Allan Jones of the FBI’s Pittsburgh Field Division and Chief T. Robert Amann for the Northern Regional Police Department in Wexford, Pennsylvania, made the announcement.
Oscar Javier Rodriguez Roa, 36, of Bogota, Columbia, was sentenced to 33 months in prison by Senior U.S. District Court Judge Donetta W. Ambrose. Because Roa will be removed from the United States following the completion of his prison sentence, Judge Ambrose did not order Roa to serve a term of supervised release
According to the plea agreement, Roa, a national and citizen of Colombia who previously resided in Atlanta, Georgia and Harris County, Texas, was a member of a South American theft ring that targeted traveling jewelry salesmen in the United States and elsewhere.
On or about May 5, 2013, Roa and several accomplices drove from Lawrenceville, Georgia to Western Pennsylvania in a rented, grey-colored Nissan Maxima.
On May 8, 2013, in Wexford, Pennsylvania, Roa and three accomplices approached a traveling jewelry salesman from New York City as the salesman exited his car in the parking lot of a Wexford jewelry store. Roa smashed the rear driver’s side window of the salesman’s car with a garden tool, reached inside the car, and stole a black shoulder bag containing approximately $500,000 worth of gemstones and jewelry. One accomplice punctured the rear driver’s side tire of the salesman’s car, a second accomplice kept an eye on the salesman, and the third accomplice drove the Nissan Maxima getaway car. Prior to the robbery, the accomplices obscured the Maxima’s license plate using a vanity plate.
Witnesses to the robbery followed the Nissan Maxima to a church parking lot. After realizing they had been followed, Roa and his accomplices drove to nearby muffler shop where they abandoned the Nissan Maxima and fled on foot to a nearby CVS pharmacy.
CVS pharmacy video surveillance, obtained by law enforcement, showed Oscar Javier Rodriguez Roa and one accomplice entering the store while the two remaining accomplices waited outside. Roa was seen talking on a cell phone as he entered the store, while Roa’s accomplice was seen carrying the black shoulder bag containing the gemstones and jewelry.
Forensic analysis revealed Roa’s fingerprints on the front passenger door of the Nissan Maxima and on a video game console found in the trunk of the car.
Records from the Customs and Border Patrol Agency showed that Roa, who is not a citizen of the United States, fled the United States on May 16, 2013, by boarding a flight in Houston, Texas, destined for Bogota, Columbia.
The investigation of this case was led by the FBI’s Pittsburgh Field Division, with the assistance of the Northern Regional Police Department. The Justice Department’s Office of International Affairs provided significant support with the defendant’s extradition.
Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Charles A. Eberle of the U.S. Attorney’s Office for the Western District of Pennsylvania prosecuted the case.
Robber of Jewelry and Gemstones Extradited from Colombia to the United States Sentenced to Prison for ConspiracyRead the Press Release
A Colombian national arrested in Colombia and extradited to Pittsburgh, Pennsylvania, was sentenced today to 33 months in prison in federal court for his role in the Hobbs Act robbery of an employee of a New York business that sold jewelry and gemstones.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, Special Agent in Charge Robert Allan Jones of the FBI’s Pittsburgh Field Division and Chief T. Robert Amann for the Northern Regional Police Department in Wexford, Pennsylvania, made the announcement.
Oscar Javier Rodriguez Roa, 36, of Bogota, Columbia, was sentenced to 33 months in prison by Senior U.S. District Court Judge Donetta W. Ambrose. Because Roa will be removed from the United States following the completion of his prison sentence, Judge Ambrose did not order Roa to serve a term of supervised release
According to the plea agreement, Roa, a national and citizen of Colombia who previously resided in Atlanta, Georgia and Harris County, Texas, was a member of a South American theft ring that targeted traveling jewelry salesmen in the United States and elsewhere.
On or about May 5, 2013, Roa and several accomplices drove from Lawrenceville, Georgia to Western Pennsylvania in a rented, grey-colored Nissan Maxima.
On May 8, 2013, in Wexford, Pennsylvania, Roa and three accomplices approached a traveling jewelry salesman from New York City as the salesman exited his car in the parking lot of a Wexford jewelry store. Roa smashed the rear driver’s side window of the salesman’s car with a garden tool, reached inside the car, and stole a black shoulder bag containing approximately $500,000 worth of gemstones and jewelry. One accomplice punctured the rear driver’s side tire of the salesman’s car, a second accomplice kept an eye on the salesman, and the third accomplice drove the Nissan Maxima getaway car. Prior to the robbery, the accomplices obscured the Maxima’s license plate using a vanity plate.
Witnesses to the robbery followed the Nissan Maxima to a church parking lot. After realizing they had been followed, Roa and his accomplices drove to nearby muffler shop where they abandoned the Nissan Maxima and fled on foot to a nearby CVS pharmacy.
CVS pharmacy video surveillance, obtained by law enforcement, showed Oscar Javier Rodriguez Roa and one accomplice entering the store while the two remaining accomplices waited outside. Roa was seen talking on a cell phone as he entered the store, while Roa’s accomplice was seen carrying the black shoulder bag containing the gemstones and jewelry.
Forensic analysis revealed Roa’s fingerprints on the front passenger door of the Nissan Maxima and on a video game console found in the trunk of the car.
Records from Customs and Border Protection showed that Roa, who is not a citizen of the United States, fled the United States on May 16, 2013, by boarding a flight in Houston, Texas, destined for Bogota, Columbia.
The investigation of this case was led by the FBI’s Pittsburgh Field Division, with the assistance of the Northern Regional Police Department. The Justice Department’s Office of International Affairs provided significant support in securing the defendant’s extradition.
Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Charles A. Eberle of the U.S. Attorney’s Office for the Western District of Pennsylvania prosecuted the case.
Reserve, Louisiana Resident Charged with Drug Trafficking and Wire Fraud OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that JORDY ROBERTSON, age 37, from St. John the Baptist Parish, Louisiana, was charged on Friday, August 9, 2019 with drug trafficking and wire fraud offenses.
The government filed a two-count bill of information that charged ROBERTSON with wire fraud and conspiracy to distribute cocaine. According to the bill of information, ROBERTSON’s drug trafficking conspiracy ran from at least May of 2017 through January of 2019, and his wire fraud scheme ran from October of 2016 through January of 2019.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted of the drug charges, ROBERTSON faces up to twenty years in prison, followed by at least three years of supervised release, and a fine of up to $1 million. If convicted of the wire fraud charges, ROBERTSON faces up to twenty years in prison, followed by up to three years of supervised release, and a fine of up to $250,000 or twice the gross gain to ROBERTSON or the gross loss to any victims.
The case is set for a pretrial conference on September 26, 2019, and trial on October 15, 2019, before Judge Wendy B. Vitter.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant United States Attorneys Jonathan L. Shih and Nicholas D. Moses are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Portland Man Sentenced to Federal Prison for Butane Hash Oil ExplosionRead the Press Release
PORTLAND, Ore.—Christopher James Hughes, 30, a resident of Portland, Oregon, was sentenced today to eight months in federal prison and three years’ supervised release for endangering human life while illegally manufacturing hash oil, a controlled substance.
According to court documents, on March 7, 2016, Hughes was using compressed butane gas to extract hash oil from marijuana in a shed attached to a residence in Northeast Portland. During the process, an individual in an adjacent room lit a cigarette lighter, igniting an explosion of remnant butane gas. The explosion created a fireball that burned the defendant and the contents and walls of the shed. The blast knocked the shared wall of the shed and residence from its attachment to the ceiling.
At the time of the explosion and fire, three children were inside the residence, including an infant under the age of one. All of the children were safely evacuated and none sustained any physical injuries. Law enforcement seized marijuana, a Pyrex dish containing tetrahydrocannabinol (THC) and dozens of cans of butane gas from the shed.
On February 20, 2019, Hughes pleaded guilty to a single count of endangering human life while illegally manufacturing a controlled substance.
This case was investigated by the Portland Police Bureau’s Drugs and Vice Division and Portland Fire & Rescue’s Arson Unit. It was prosecuted by Peter Sax, Assistant U.S. Attorney for the District of Oregon.
Ponder, Texas Man Sentenced to 53 Months for Transportation of Stolen Vehicle, Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Leon Smith II, age 28, of Ponder, Texas, was sentenced to 53 months’ imprisonment and 3 years of supervised release for Transportation Of Stolen Vehicle, in violation of Title 18 U.S.C. Sections 2312 and 2; and for Felon In Possession Of Firearm, in violation of Title 18 U.S.C. Sections 922(g)(1), 924(a)(2) and 2. Smith was also ordered to pay $205.00 in restitution. The charges arose from an investigation by the Texas Department of Public Safety, the Oklahoma Department of Agriculture, and the Federal Bureau of Investigation.
The Indictment alleged that on November 26, 2017, the defendant unlawfully transported and caused to be transported in interstate commerce a stolen 2001 Dodge Ram pickup truck, from the State of Oklahoma to the State of Texas, knowing the vehicle was stolen. The second count of the Indictment alleged the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed in and affecting commerce two firearms, a Beretta Model A300 Outlander 12 gauge shotgun, and a Remington Model Seven .22-250 caliber rifle.
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. First Assistant United States Attorney Christopher Wilson represented the United States.
Pittsfield Businessman Sentenced for $4 Million Conspiracy to Defraud A Credit UnionRead the Press Release
BOSTON – A businessman, who owned and operated five real estate development companies in Pittsfield, was sentenced on Friday, Aug. 9, 2019, in federal court in Springfield for defrauding a credit union.
Jeffrey Pierce, 51, of Pittsfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 20 months in prison, $3,821,616 of forfeiture, and restitution of $877,725 to Greylock Federal Credit Union and $2,901,833 to Fidelity Deposit Company of Maryland. In June 2018, Pierce pleaded guilty to one count of conspiracy to receive money through transactions of a credit union with intent to defraud the credit union and to make false statements to a federal credit union.
Between 2005 and 2008, a former Vice President of Greylock Federal Credit Union (GFCU) authorized approximately $4 million in various loans and modifications to Pierce and his companies in violation of GFCU’s loan policies. By circumventing GFCU’s policies, the Vice President caused GFCU to provide Pierce and his companies with funds far in excess of what Pierce and his companies could reasonably receive or repay. In exchange for improperly authorizing these loans, Pierce agreed to provide - and did provide - the Vice President with $134,773 in check payments from Pierce’s companies derived from GFCU loans that were paid to a front company created by the employee; the free use of a home constructed by one of Pierce’s companies with a GFCU loan; and the free use of a BMW automobile purchased by one of Pierce’s companies with a GFCU loan. Around March 2010, at the Vice President’s direction and for the purpose of influencing the action of GFCU upon the loans, Pierce falsely stated to GFCU that the money paid by his companies to the front company were payments for design work that the Vice President’s wife provided to Pierce’s construction projects.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division, made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office prosecuted the case.
Operation Mountaineer Highway Update: Two New Jersey Men Plead Guilty to Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – Two New Jersey men pled guilty today for their participation in a drug trafficking organization (DTO) in Fayette County, announced United States Attorney Mike Stuart. Fuquan Hagler, 40, of East Orange, New Jersey, entered his guilty plea to conspiracy to distribute oxycodone and Brian Kelley, 46, also from New Jersey, entered guilty pleas to conspiracy to distribute more than 500 grams of cocaine and possession with the intent to distribute more than 500 grams of cocaine. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Two more out-of-state drug dealers held accountable for peddling their poisons in our communities,” said United States Attorney Mike Stuart. “The drug dealers involved in this DTO were wreaking havoc in our southern counties, but we have put them out of business.”
Hagler admitted that in June 2018, he worked with other members of a drug trafficking organization operating between Fayette County, West Virginia and New Jersey to distribute oxycodone pills. Hagler admitted that on June 20, 2018 he was a passenger in car transporting oxycodone pills from New Jersey to West Virginia. It was the plan to deliver the pills to another member of the drug trafficking organization in West Virginia to be redistributed and sold illegally in the Southern District of West Virginia for profit. Prior to delivering the pills to West Virginia, the car Hagler was in was stopped by the Pennsylvania State Police. During the traffic stop, approximately 997 oxycodone pills were recovered. The pills were hidden in a secret compartment, commonly referred to as a trap.
Additionally, Kelley admitted that on July 7, 2018 he was involved in a conspiracy that was transporting controlled substances from New Jersey to the Southern District of West Virginia. Kelley admitted to traveling to a co-defendant’s residence in Fayette County, and picking up over $21,000 in cash for another member of the drug trafficking organization. Police officers later stopped the car Kelley was driving and found over $21,000 in cash and approximately 639 grams of cocaine. Both the cash and the cocaine were found in a hidden electronic compartment.
Hagler faces up to twenty years in prison and a $1,000,000.00 fine. Kelley faces a mandatory minimum period of not less than 5 years and up to 40 years and a $5,000,000 fine. Both men are scheduled to be sentenced on November 7, 2019.
Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Operation Mad Hatter Leads to Multiple Arrests in Central ArkansasRead the Press Release
LITTLE ROCK— Fifteen defendants are in custody after a DEA operation led to several arrests this morning as part of a federal drug investigation. Operation Mad Hatter has resulted in the identification of several drug traffickers and the seizure of large quantities of cocaine, ecstasy, methamphetamine, and heroin.
Operation Mad Hatter, run by the Organized Crime Drug Enforcement Task Force, is an ongoing DEA Domestic Cartel Initiative investigation. Today’s arrests follow the unsealing of an indictment of 19 individuals who were charged by a federal grand jury on August 7, 2019. Of those, 15 are now in custody, and law enforcement has made contact with the remaining four defendants. In February 2019, DEA made the first arrests related to Operation Mad Hatter, and today’s arrests stem from activity uncovered during the ongoing investigation. Ten defendants had been arrested throughout the investigation, and the remaining five were arrested this morning, completing this phase of the operation.
During the course of Operation Mad Hatter, investigators have seized 17 kilograms of methamphetamine, 4 kilograms of cocaine, 249 grams of crack cocaine, over 1 kilogram of heroin, over 200 diverted prescription pills, over $107,000 in assets, and numerous firearms.
“The charges in Operation Mad Hatter are an example of the continued pressure we will apply to drug trafficking organizations,” stated Cody Hiland, United States Attorney for the Eastern District of Arkansas. “Protecting our citizens from the violence that surrounds drug trafficking is a top priority for our office, and we appreciate the efforts of our law enforcement partners who were instrumental in carrying out this investigation.”
"These indictments and arrests should serve as a warning and send a clear message—we will relentlessly pursue these violent criminals and drug traffickers plaguing our communities and bring them to justice,” DEA Assistant Special Agent in Charge Justin King said. “These individuals were responsible for infesting our communities with more than drugs—they threatened our citizens with guns and violence. The DEA stands here today with our federal, state, and local law enforcement partners, confident that we have dismantled this violent drug trafficking organization and have made the streets in these communities safer.”
“The U.S. Postal Inspection Service works tirelessly to stop drug trafficking organizations from using the U.S. Mail to transport drugs into our communities,” said U.S. Postal Inspector Mona Hernandez. “Dismantling this organization helps us protect our employees and our customers from the violence related to drug trafficking and is just one example of the great work we can accomplish when we combine forces with our federal, state, and local partners.”
Operation Mad Hatter is a joint investigation between the DEA Little Rock District Office, United States Postal Inspection Service, Pine Bluff Police Department, Jefferson County Sheriff’s Department, Arkansas State Police, Arkansas Community Corrections, Pulaski County Sheriff’s Department, Benton Police Department, Little Rock Police Department, and the Arkansas National Guard Counterdrug Program.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at:
http://www.justice.gov/edarTwitter:
@EDARNEWSOdessa Man Pleads Guilty to Federal Child Pornography Production ChargeRead the Press Release
In Midland today, 62-year-old David King pleaded guilty to a federal child pornography production charge, announced U.S. Attorney John F. Bash, F.B.I. Special Agent in Charge Emmerson Buie, Jr., El Paso Division, and Ector County Sheriff Mike Griffis.
Appearing before U.S. Magistrate Judge Ronald Griffin, King admitted that from June 1, 2017, to May 1, 2018, he posed minors engaged in sexually explicit conduct and produced sexually explicit images of those minors using his cell phone. In June 2019, state authorities executed a search warrant in this case at King’s residence. King was arrested after authorities discovered child pornography on several electronic devices inside the residence.
King faces a mandatory minimum term of 15 years and up to 30 years in federal prison. He remains in federal custody. Sentencing, before U.S. District Judge David Counts in Midland, has yet to be scheduled.
This case was investigated by the F.B.I. together with the Ector County Sheriff’s Office and the Texas Department of Public Safety. Assistant U.S. Attorney Glenn Harwood is prosecuting this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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, please visit www.projectsafechildhood.gov.
New York Man Sentenced for Conspiracy to Defraud the GovernmentRead the Press Release
United States Attorney Ron Parsons announced that a Brooklyn, New York, man convicted of Wire Fraud, Conspiracy to Defraud the Government, and False Claim was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Manaen Dean Matthews, age 35, was sentenced on July 25, 2019, to 6 and 1/2 years in federal prison, and was ordered to pay a $300 special assessment to the Federal Crime Victims Fund and $523,250.00 in restitution to the Internal Revenue Service.
The conviction stems from Matthews devising a scheme to obtain personal information from individuals living on the Pine Ridge Reservation and elsewhere. In the course of his scheme, Matthews directed several other individuals to obtain personal information from tribal citizens by falsely telling them they would lawfully receive large tax refunds or other government payments. Matthews then used the personal information obtained to knowingly file fraudulent personal income tax returns and falsely reporting earnings from self-employment, when in fact the tribal citizens had not received the income reported on their tax returns and were not due the tax refunds shown on their tax returns.
In all, from 2015 through 2018, Matthews knowingly made false claims against the United States totaling approximately $3,621,770.20 by filing 1,201 fraudulent federal income tax returns. As a result of his fraudulent scheme, Matthews personally obtained $523,250.00.
The investigation was conducted by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Matthews was immediately turned over to the custody of the U.S. Marshals Service.
New Mexico Man Pleads Guilty in Federal Court to Making Bomb Threats to Georgetown TargetsRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Stephen S. Landes, 29, of Roswell, New Mexico, pled guilty today to making interstate bomb threats, before the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. In May 2018, Landes made bomb threats to the Walmart and the Georgetown Elementary School, both in Georgetown, Delaware for the purpose of “swatting” a Delaware resident. “Swatting” involves making hoax emergency calls in order to elicit an armed police response (e.g., from a SWAT team) to harass someone believed to be at the location of the purported emergency. Landes’ sentencing is scheduled for November 27, 2019. Landes faces a maximum penalty of 10 years imprisonment.
According to court documents and statements made in open court, on May 9, 2018, at approximately 1:43 p.m., Landes called the Walmart in Georgetown, Delaware from Roswell, New Mexico. Landes asked to speak with a manager. Landes impersonated a certain resident of Georgetown, Delaware and then stated that he had a bomb and a child hostage in the bathroom. Landes demanded twenty thousand ($20,000) dollars and threatened to blow-up the Walmart if he did not receive the money. Law enforcement from Georgetown Police, Delaware State Police and Delaware Natural Resources Police responded to the Walmart and evacuated the store. K9 units searched the Walmart but did not find any bomb.
A few minutes later, at approximately 1:56 p.m., Landes called Georgetown Elementary School. Landes again claimed to be a certain resident of Georgetown, Delaware and told the person who answered the phone that he had two children buried in his basement and that there was a bomb in the school. School administrators locked down the school and called 911. Law enforcement units from the Delaware State Police and the Georgetown Police Department responded to the elementary school immediately. K9 units searched the school but found no bomb or other threats.
U.S. Attorney Weiss stated, “Bomb threats and swatting calls, especially to schools and highly trafficked retail stores, are designed to cause intense fear. They also necessitate an immediate response from law enforcement, diverting the limited resources of local law enforcement and emergency service agencies away from true emergencies where these agencies are critical to the health and safety of our communities. When these violent threats are directed towards an elementary school, they have a particularly lasting psychological impact on members of our community. My office will vigorously prosecute those who engage in bomb threats, swatting calls and other similar terroristic activity.”
Georgetown Police Chief R.L. Hughes stated, “Stephen Landes’ actions exposed our children and community to fear and a real potential for injury. I am proud of the professional response of our police officers and the exceptional investigation and prosecution by our state and federal partners.”
This case was investigated by the FBI-Baltimore Division’s Wilmington Office with assistance from the Georgetown Police Department and the Delaware State Police and is being prosecuted by Assistant U.S. Attorney Adrienne Dedjinou.
New Haven Man Sentenced to 45 Months in Federal Prison for Firearm and Narcotics OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL DAVIS, also known as “Clep,” “Clip,” and “Michael Smith,” 33, of New Haven, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 45 months of imprisonment, followed by three years of supervised release, for firearm and narcotics offenses.
According to court documents and statements made in court, on December 4, 2018, Davis was told to leave the premises of a New Haven bar after he argued with a bouncer. Davis then went outside, pulled a handgun out of his pants, loaded an extended magazine into the firearm and threatened to shoot the bar owner.
Davis was arrested on December 7, 2018. At the time of his arrest, he possessed distribution quantities of heroin and cocaine. A subsequent search of his vehicle revealed a Smith & Wesson SD 40 handgun.
Davis’s criminal history includes multiple felony convictions for narcotics offenses and a conviction for escape in the first degree. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On April 30, 2019, Davis pleaded guilty to one count of possession of a firearm by a previously convicted felon, and one count of possession of heroin with intent to distribute.
This matter was investigated by the Federal Bureau of Investigation and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Nathaniel Gentile.
Modesto Man Indicted for Growing Marijuana on Public Lands and Damaging Public Lands and Natural ResourcesRead the Press Release
FRESNO, Calif. — On Thursday, Aug. 8, a federal grand jury returned a four-count indictment against Jose Garcia-Zamora, 27, of Modesto, charging him with manufacturing marijuana, conspiring to manufacture marijuana, possessing a firearm in furtherance of a drug‑trafficking crime, and damaging public lands and natural resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, officers located a clandestine marijuana grow site on U.S. Forest Service land in Stanislaus National Forest in Tuolumne County with 2,642 live marijuana plants. On July 26, 2019, law enforcement personnel arrested Garcia-Zamora at the grow site. Garcia-Zamora had a .45 caliber pistol on his person.
This case is the product of an investigation by the U.S. Forest Service. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted of the drug conspiracy and manufacturing offense, Garcia-Zamora faces a mandatory minimum statutory penalty of 10 years in prison up to a maximum penalty of life in prison, and a $10 million fine. The environmental charge carries a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. In addition, Garcia-Zamora may be liable for restitution to the U.S. Forest Service for damage to the land and natural resources as a result of the cultivation activities. The firearms charge subjects Garcia-Zamora 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Michigan Man Pleads Guilty for His Role in Scheme That Defrauded Victims Out of Millions of DollarsRead 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 Leonard Smith, 54, of Clawson, Michigan, pleaded guilty to conspiracy to commit wire fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $769,200 fine.
Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that between May 2010 and July 2015, the defendant conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Smith, who was a financial advisor, solicited investments from his clients at two companies—i2i Capital LLC and i2i Settlement Partners LLC. The companies, which were formed by co-conspirators Christopher Dillon and Gilbert Lynagh, were incorporated in Delaware but listed a business address in Lancaster, NY.
Thereafter, Smith, Dillon, Lynagh, and other members of the conspiracy, caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Smith also misrepresented his compensation regarding the victims’ investments in the companies. The majority of victim funds were utilized by Smith, Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Smith, Dillon, and Lynagh.
Gilbert Lynagh and Christopher Dillon were previously convicted for their roles in the conspiracy.
The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for November 18, 2019, at 12:30 p.m. before Judge Arcara.
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Members of the 69ers Motorcycle Club Convicted of Murdering Chapter President of Rival Outlaws Motorcycle ClubRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Christopher Brian Cosimano, a/k/a “Durty,” (31, Gibsonton) and Michael Dominick Mencher, a/k/a “Pumpkin,” (52, Tarpon Springs) guilty of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and related firearms offenses. Cosimano and Mencher face a mandatory penalty of life in federal prison. A sentencing date has not yet been set.
Cosimano and Mencher were indicted, along with three codefendants who later pleaded guilty, on May 22, 2018. Cosimano and Mencher went to trial, which commenced on July 29, 2019.
According to evidence presented at trial, Cosimano and Mencher were members of the 69’ers Motorcycle Club, a criminal organization engaged in acts of violence and narcotics distribution.
In 2017, the 69’ers Motorcycle Club was entangled in an increasingly violent feud with the Outlaws Motorcycle Club. The feud escalated, culminating with the murder of Paul Anderson, President of the Cross Bayou Chapter of the Outlaws Motorcycle Club, on December 21, 2017. On that date, Cosimano, Mencher, and their three codefendants stalked Anderson for several miles down the Suncoast Parkway. Cosimano and Mencher rode their motorcycles with their faces covered and license plates obscured.
After following Anderson for miles, Cosimano and Mencher pulled alongside his truck and shot him repeatedly at the busy intersection of Suncoast Parkway and State Road 54, during rush hour. After the murder, the defendants took steps to cover up the crime, including removing identifying markings from and disassembling their motorcycles.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pasco Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Pinellas County Sheriff’s Office, the St. Petersburg Police Department, and the State Attorney’s Office for the Sixth Judicial Circuit. It is being prosecuted by Assistant United States Attorneys Carlton C. Gammons and Natalie Hirt Adams.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Maryland Man Found Guilty of Assault with Intent to Kill While Armed in November 2017 Near Dupont CircleRead the Press Release
WASHINGTON – Gabriel Sanchez, 27, of Washington, DC, was found guilty by a jury of assault with intent to kill while armed and related assault and firearms charges for shooting a man in November 2017 in Northwest near Dupont Circle. The announcement was made by U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Sanchez was also convicted of witness tampering and obstruction of justice. The verdict, returned late August 2, 2019, followed a trial in the Superior Court of the District of Columbia. The Honorable Juliet McKenna scheduled sentencing for September 27, 2019. Sanchez faces up to 30 years in prison for the charge of Assault with Intent to Kill While Armed.
According to the government's evidence, on November 26, 2017, just after 1:00 a.m., Sanchez was walking in the 1300 block of Connecticut Avenue, where the street and sidewalk were crowded with patrons. The victim was in the passenger seat of a car driving past, and Sanchez took offense to how the victim looked at him and his female companions. The defendant walked quickly to his vehicle parked on Connecticut Avenue, pulled out a handgun, and shot the victim in the face as his car went past. The victim survived but lost his left eye. The defendant got in his car and drove away immediately. In order to conceal his connection to the shooting, Sanchez traded in his car the next day at a Honda dealership and smashed his cell phone with a hammer provided by the car salesman. Sanchez then tried to convince the car salesman not to disclose to the grand jury that Sanchez had smashed his cell phone.
Sanchez was indicted and arrested in January 2018, and has been in custody since that time.
In announcing the verdict, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney's Office, including Assistant U.S. Attorneys Sitara Witanachchi and Ahmed Baset, and Special Assistant U.S. Attorney Raymond Hulser; Paralegal Specialists Antoinette Sakamsa and Alesha Matthews; and Supervisory Litigation Technology Specialist Leif Hickling and Litigation Technology Specialist Thomas Royal.
Manhattan U.S. Attorney Obtains Civil Injunction Against New York City Accountant Barring Him from Organizing, Promoting, or Selling Abusive Tax SheltersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced today that the United States has simultaneously filed and settled a civil injunction lawsuit against MICHAEL N. SCHWARTZ, a certified public accountant in New York City, to permanently enjoin him from organizing, promoting, or selling abusive tax shelters. The tax shelters that SCHWARTZ organized, promoted and sold, exploited foreign currency options contracts and U.S tax rules to generate artificial losses that taxpayers could claim on their tax returns. As part of the settlement, approved on Thursday, August 8, 2019, in Manhattan federal court by U.S. District Judge Vernon S. Broderick, SCHWARTZ agreed to be permanently enjoined from organizing, promoting, or selling any illegal tax shelter.
Manhattan U.S. Attorney Geoffrey S. Berman said: “These illegal tax avoidance schemes cheated the Government out of hundreds of millions of dollars in taxes. This Office will hold accountable those professionals who abuse their expertise to promote this type of fraud on the United States.”
As alleged in the complaint filed with the settlement agreement:
The abusive tax shelter transactions organized, promoted, and sold by SCHWARTZ involved complex foreign currency transactions designed to generate artificial losses. Under these schemes, investors entered into foreign currency options contracts, with long and short positions that largely offset each other. The investors then transferred some or all of the foreign currency options, and, exploiting certain tax rules, purportedly generated large losses without also realizing the offsetting gains. SCHWARTZ’s tax shelters therefore resulted in taxpayers claiming large phony tax losses, though they suffered no real economic loss. All told, more than one hundred taxpayers participated in these shelters, which yielded them over $400 million in purported losses.
As part of the settlement, SCHWARTZ admitted, among other things, that he developed several of these transactions:
- Schwartz admitted that he developed the so-called Deerhurst Trading Strategies transaction (the “DTS Transaction”), which involved the use of foreign currency options contracts in an effort to generate losses that taxpayers could claim on their tax returns through reliance on specific tax rules.
- This transaction was examined by the Tenth Circuit Court of Appeals in Sala v. United States, 613 F.3d 1249 (10th Cir. 2010), which found that the transaction lacked economic substance in light of the fact that the loss generated “was designed to be entirely artificial.” Id. at 1253.
- Schwartz also admitted that he developed the so-called Castle and MM-MNS Transactions (the “Major-Minor Transactions”), which involved the use of foreign currency options contracts in an effort to generate losses that taxpayers could claim on their returns through reliance on specific tax rules.
- One of these transactions was examined by the Sixth Circuit Court of Appeals in Wright v. Commissioner, 809 F.3d 877, 880 (6th Cir. 2016), which found that “[a]lthough these transactions involve large sums of dollars, euros, and krones, [they] appear to have subjected the [taxpayers] to little actual economic risk because the four options in the major-minor transactions offset each other,'' and concluded that "the [taxpayers] appear to have engaged in the major-minor transactions primarily to generate the desired tax loss.” Id. at 884.
In July and August 2015, the IRS assessed penalties against SCHWARTZ pursuant to Section 6707 of the Internal Revenue Code that have been the subject of litigation in the Chapter 7 bankruptcy proceeding In re Schwartz, 15-12746 (MKV) (Bankr. S.D.N.Y.). Through a stipulation approved by the bankruptcy court on June 4, 2019, SCHWARTZ agreed to pay $650,000 to satisfy these penalties, having demonstrated an inability to pay the full amount, and further agreed to be subject to the injunction that is the subject of this district court action.
Mr. Berman thanked IRS for its invaluable assistance in this matter.
The case is being handled by the Office’s Tax and Bankruptcy Unit. Assistant United States Attorneys Mónica P. Folch and Samuel Dolinger are in charge of the case.
Manhattan U.S. Attorney Announces Insider Trading Charges Against Analyst at Investment BankRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that BILL TSAI, an analyst at an investment bank with offices in Manhattan (the “Investment Bank”), was arrested yesterday morning and charged with insider trading. TSAI made profits in connection with options trading based on material, non-public information he misappropriated from the Investment Bank about an impending acquisition of a publicly traded company. TSAI will be presented today in Manhattan federal court before United States Magistrate Judge Henry Pitman.
Manhattan U.S. Attorney Geoffrey S. Berman said: “In April of this year, Bill Tsai made a quick profit by trading options in a publicly traded company he knew was about to be acquired. His profits were not the result of trading acumen, diligent research, or blind luck, but rather, as alleged, the product of theft of confidential information from his employer. For his alleged conduct, he now faces federal securities fraud charges.”
As alleged in the Complaint unsealed today in Manhattan federal court:[1]
In March 2019, the Investment Bank began working to provide financing to a private equity firm headquartered in New York (“Private Equity Firm-1”) on its possible acquisition of a publicly traded company Electronics for Imaging, Inc. (“EFI”). Information relating to the EFI deal, including its existence, was non-public and confidential. As an analyst at the Investment Bank, TSAI was responsible for, among other things, updating a running list of active transactional deals, including mergers and acquisitions, involving clients of the Investment Bank. As such, TSAI had access to files containing material, non-public information, including information about the EFI deal.
In violation of the Investment Bank’s policies and in breach of his duties to the Investment Bank and its clients, TSAI used material, non-public information about Private Equity Firm-1’s pending acquisition of EFI to purchase EFI call options. Specifically, from on or about March 29, 2019 continuing until on or about April 12, 2019, TSAI bought 187 EFI call options, for a total price of approximately $28,410. TSAI purchased the EFI call options through a brokerage account in his own name. Contrary to Investment Bank policies, TSAI did not reveal his trades or the existence of the brokerage account to the Investment Bank.
The public announcement of Private Equity Firm-1’s acquisition of EFI on the morning of April 15, 2019 caused EFI’s shares to increase in value. Indeed, by the close of the market on April 15, 2019, EFI’s stock price had risen to $38 per share, an approximately 29.25% increase from the previous trading day’s close, resulting in an increase in the value of the call options TSAI had purchased. On April 15, 2019, after the morning announcement of the EFI deal, TSAI placed an order to sell all 187 EFI call options he previously purchased. TSAI’s trading activity in EFI options resulted in a profit of approximately $98,750.
TSAI is charged with one count of securities fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
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Mr. Berman praised the investigative work of the FBI and thanked the Securities and Exchange Commission, which has filed civil charges in a separate action.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Robert L. Boone and Gina Castellano are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Mangum Pharmacist Pleads Guilty to Health Care FraudRead the Press Release
OKLAHOMA CITY – JEFFREY SCOTT TERRY, 37, of Mangum, Oklahoma, has pleaded guilty to two felony counts of health care fraud, announced U.S. Attorney Timothy J. Downing and Oklahoma Attorney General Mike Hunter.
According to an indictment filed in March, Terry was a licensed pharmacist who began operating Bratton Drug at 109 S. Oklahoma in Mangum in August 2015. Both the Oklahoma Health Care Authority—which administers Medicaid under the name SoonerCare—and Medicare reimbursed Bratton Drug for prescriptions and pharmaceutical products it dispensed.
The indictment alleged that from August 2015 to September 2018, Terry submitted false claims to SoonerCare and Medicare Part D for drugs that had not actually been prescribed or dispensed to patients.
Today Terry entered a guilty plea before U.S. District Judge Scott L. Palk to one count relating to Medicaid and one count relating to Medicare. The court will consider all of Terry’s fraudulent conduct when it imposes a sentence in approximately 90 days.
In a plea agreement, Terry has acknowledged that he will be ordered to pay restitution to Oklahoma and the federal government for losses sustained by SoonerCare and Medicare. In particular, he has agreed to pay $328,836.18 to SoonerCare and $753,334.13 to Medicare, for a total of $1,082,170.31. He has also agreed to forfeit real property in Greer County and a 2016 Dodge Challenger. The U.S. Attorney’s Office maximized recovery of fraud proceeds by obtaining a civil injunction against the dissipation of assets.
At sentencing, Terry faces up to ten years in prison on each count, in addition to a fine of up to $250,000. He will also be subject to up to three years of supervised release after imprisonment.
These charges are the result of an investigation by the Oklahoma Attorney General’s Office’s Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services—Office of Inspector General, Office of Audit Services. Assistant Oklahoma Attorney General Lory Dewey, who also serves as a Special Assistant U.S. Attorney, and Assistant U.S. Attorney Amanda Green are prosecuting the case. Assistant U.S. Attorneys Amanda Johnson and Ron Gallegos of the U.S. Attorney’s Office’s Civil Division are handling the civil injunctive component of the case.
Reference is made to public filings for further information.
Illegal Alien with History of Driving While Intoxicated Convictions Sentenced to Federal PrisonRead the Press Release
United States Attorney Brandon Fremin announced that United States District Court Judge John W. deGravelles sentenced JESUS MORALES-SANCHEZ, age 35, of Mexico, to serve 37 months in federal prison following his conviction for illegal re-entry into the United States by a removed alien. During the sentencing hearing, the Court cited the defendant’s extensive history of alcohol abuse, including an incident where the defendant’s actions resulted in the death of the passenger of his vehicle.
Morales-Sanchez was encountered by law enforcement on February 15, 2019, after serving one year in the Louisiana Department of Corrections for driving while intoxicated – third offense. Prior to his release from custody, an agent with Immigration and Customs Enforcement (“ICE”) confirmed that the defendant was a citizen of Mexico, with no legal status to reside or work in the United States, who had been previously removed from the United States on April 21, 2011. The defendant’s criminal history includes convictions for vehicular homicide and driving while intoxicated.
U.S. Attorney Fremin stated, “This office will not tolerate those who enter our nation illegally and break laws intended to keep our communities safe. We will continue to hold accountable those illegal aliens who enter this country and disregard the rule of law. I want to thank our prosecutor, and the federal, state, and local law enforcement agencies who brought this offender to justice.”
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana and U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations. This case was prosecuted by Assistant United States Attorney Jessica Jarreau.
Huntington Man on Parole Pleads Guilty to Possessing FirearmRead the Press Release
HUNTINGTON, W.Va. - A Huntington man, Zachary Whitmore, 28, pled guilty today for being a felon in possession of a firearm, announced United States Attorney Mike Stuart.
On November 1, 2018, a Trooper with the West Virginia State Police assisted West Virginia Division of Corrections Probation and Parole with locating a parolee. Whitmore was found walking on a street in Huntington. Officers found a 22 Magnum American Arms Revolver in his pocket. Whitmore was prohibited from possessing a firearm under federal law because of a 2015 felony conviction for Entering without Breaking and Conspiracy in Cabell County, West Virginia.
Whitmore faces up to 10 years in prison when he is sentenced on November 25, 2019.
The West Virginia State Police and the West Virginia Division of Corrections Probation and Parole conducted the investigation. United States District Judge Robert C. Chambers presided over the plea hearing. Stephanie S. Taylor prosecuted the case on behalf of the United States.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Honduran National Charged with Illegal ReentryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that PEDRO MANOLO ARAGON-HERNANDEZ, age 39, a citizen of Honduras, was charged on Thursday, August 8, 2019 in a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326.
According to the bill of information, PEDRO MANOLO ARAGON-HERNANDEZ reentered the United States in or about 2004, after having been previously removed therefrom on or about December 20, 2001.
If convicted, PEDRO MANOLO ARAGON-HERNANDEZ faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Border Patrol, Customs and Border Protection in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
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Holiday Woman Sentenced to Federal Prison for Credit Card Fraud and Identity Theft at Seminole Indian ReservationRead the Press Release
Tampa, FL – U.S. District Judge Elizabeth A. Kovachevich has sentenced Catherine Trinidad De Jesus Santana (43, Holiday) to three years in federal prison for access device (credit card) fraud and aggravated identity theft stemming from De Jesus Santana’s use of counterfeit credit cards at the Seminole Hard Rock Casino, located on the Seminole Indian Reservation in Tampa.
De Jesus Santana had pleaded guilty on March 27, 2019.
According to court documents, De Jesus Santana obtained breached and stolen credit card and debit card information, which she used to manufacture counterfeit credit cards. In June 2014, on multiple occasions, De Jesus Santana used those counterfeit cards to obtain cash from the Seminole Hard Rock Casino. The total loss amount from the use and attempted use of the counterfeit cards was $20,352.
This case was investigated by the Federal Bureau of Investigation and the Seminole Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
High Desert Pharmacist Sentenced to over 5 Years in Federal Prison for Illegally Distributing Prescription Opioids and Money LaunderingRead the Press Release
LOS ANGELES – A High Desert pharmacist who illegally distributed oxycodone by filling hundreds of counterfeit prescriptions was ordered today to serve 63 months in federal prison.
Pauline Tilton, 50, of Hesperia, a licensed pharmacist and the owner of Oasis Pharmacy in Victorville, was sentenced by United States District Judge Otis D. Wright II.
Tilton pleaded guilty on April 29 to one count of distribution of oxycodone and one count of money laundering related to more than a quarter millions dollars of revenue she received from the illegal sales.
Tilton filled at least 345 fraudulent prescriptions for oxycodone during a one-year period that ended in July 2017. The prescriptions were written under the name and DEA registration number of a retired doctor. When she pleaded guilty, Tilton admitted knowing the prescriptions were fraudulent, outside the usual scope of professional practice, and without a legitimate medical purpose.
As a result of the 345 prescriptions, Tilton and Oasis Pharmacy illegally diverted approximately 62,100 tablets of oxycodone to the black market. Many of the fraudulent oxycodone prescriptions also included prescriptions for alprazolam and promethazine with codeine. Those three drugs – oxycodone, alprazolam, and promethazine with codeine – comprise the “Holy Trinity,” a frequently abused and life-threatening cocktail of controlled substances.
“Tilton admitted that she abused a position of public trust and special skill in committing these offenses, as she used her position of as a pharmacist-in-charge to falsify and fill fraudulent prescriptions for oxycodone and other, potentially lethal controlled narcotics, which she sold to drug dealers,” prosecutors wrote in documents filed with the court.
In return for filling the fake prescriptions, Tilton and Oasis Pharmacy received hundreds of thousands of dollars in cash payments. Between January 2016 and June 2017, Tilton deposited $268,621 of illicit cash proceeds from her illegal drug distribution into three banks accounts over which Tilton held sole signature authority.
“Tilton, using defendant Oasis, profited handsomely for her criminal activity, which included injecting thousands of opioids and other lethal prescription drugs into a community that, like much of the country, is ravaged by the Opioid Crisis,” according to court documents.
As he imposed the prison term – and ordered Tilton to pay a $30,000 fine – Judge Wright said the defendant demonstrated a “callous disregard for her own customers’ health.”
When Tilton pleaded guilty, Oasis Pharmacy also pleaded guilty to the same drug distribution and money laundering offenses. Judge Wright today placed Oasis Pharmacy on probation for one year.
This case was the first to be charged as the result of an ongoing investigation into corrupt pharmacies dubbed “Operation Faux Pharmacy.”
This case is being investigated by the Drug Enforcement Administration; the U.S. Department of Health and Human Services, Office of Inspector General; IRS Criminal Investigation; and the California Board of Pharmacy.
This matter is being prosecuted by Assistant United States Attorney Chelsea Norell of the International Narcotics, Money Laundering, & Racketeering Section.
Harrison County woman admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Danielle Lynn McCarty, of Shinnston, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
McCarty, age 31, pled guilty to one count of “Aiding and Abetting Possession of a Stolen Firearm.” McCarty admitted to having a stolen .45 caliber pistol in June 2018 in Lewis County.
McCarty faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Weston Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Hardy County man admits to fentanyl and methamphetamine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Dennis James Miller, of Moorefield, West Virginia, has admitted to his involvement in a fentanyl and methamphetamine distribution operation, United States Attorney Bill Powell announced.
Miller, age 49, pled guilty to one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl.” Miller admitted to distributing more than 64 grams of fentanyl and more than 69 grams of 100% pure methamphetamine from January to June 2019 in Grant County and elsewhere.
Miller faces at least five years and up to 40 years incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, West Virginia State Police, and the Charles Town Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Gang Member Charged in Connection with Two Attempted Murders as Part of RICO ConspiracyRead the Press Release
NEWARK, N.J. – A member of the New Jersey Grape Street Crips appeared in court today on charges that include two attempted murders charged as part of a RICO conspiracy, as well as narcotics trafficking, U.S. Attorney Craig Carpenito announced.
Sean Hills, a/k/a “Half A Brain,” a/k/a “Half,” a/k/a “Rydaman,” 28, of Newark, was charged in a two-count indictment with Racketeer Influenced and Corrupt Organizations (RICO) conspiracy and distribution of cocaine. Hills made his initial court appearance and was arraigned today before U.S. Magistrate Judge Leda Dunn Wettre in Newark federal court.
Since 2015, more than 80 members of the New Jersey Grape Street Crips have been convicted federally in connection with multiple murders, attempted murders, shootings, drug trafficking, firearms charges, and witness intimidation as part of a coordinated investigation by the FBI, the Drug Enforcement Administration (DEA), and local law enforcement partners.
According documents filed in this case and statements made in court:
Hills is allegedly a long-time member of the New Jersey Grape Street Crips who has the gang’s senior hierarchy tattooed on his face. On Dec. 15, 2012, Hills repeatedly shot Victim-1 near the area of South 14th Street and 14th Avenue, an area that Hills and other gang-members were trying to take over as part of their drug-trafficking territory. On Feb. 1, 2013, Hills shot Victim-2 numerous times. Both victims survived the attacks. Hills is additionally charged with separate instances of possession with intent to distribute of cocaine.
Hills faces a maximum sentence of up to 20 years on each count for the RICO conspiracy and the narcotics charges, and a fine of $250,000 on the RICO conspiracy charge and $1 million on the drug charge.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark. He also thanked the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, police officers and detectives of the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose, and the Essex County Sherriff’s Office, under the direction of Armando B. Fontoura, for their long and close collaboration on the case.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto, Chief of the Organized Crime and Gangs Unit, and Assistant U.S. Attorney Jamel Semper of the Criminal Division in Newark.
This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and the FBI’s Safe Streets Task Force, a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense Counsel: Olubukola Adetula Esq., East Orange, New Jersey
Friend of Dayton Mass Shooter Charged with Illegally Purchasing and Possessing FirearmsRead the Press Release
DAYTON – A friend of Dayton mass shooter Connor Betts has been charged federally with lying on federal firearms forms in order to purchase weapons and with illegally possessing those weapons. The friend also allegedly purchased firearm components and body armor for Betts, which Betts used in the August 4 shooting.
Ethan Kollie, 24, of Kettering, was arrested Friday evening. His case was unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Dayton Police Chief Richard S. Biehl announced the charges.
According to the affidavit filed in support of the criminal complaint, federal agents interviewed Kollie on August 4 in connection with the mass shooting earlier that day in Dayton.
During that first interview, Kollie allegedly told agents that he likes guns and currently owns a handgun and a micro Draco pistol.
He also indicated that he purchased body armor and a firearm component for Betts earlier this year.
Kollie consented to a search of his residence, and while inside, agents smelled marijuana and observed in plain sight a bong and the Draco pistol.
Federal agents interviewed Kollie again on August 8. During that second interview, Kollie indicated he and Betts had done “hard drugs,” marijuana and acid together four to five times a week during 2014 to 2015. When asked how often he used drugs in the past year and a half, Kollie said he smokes marijuana every day and has done so since he was 14.
The affidavit details that Kollie also told agents he uses psychedelic mushrooms, which he grows in his residence, and “micro-doses” on a constant basis, stating it gives him energy and is “fun.”
Kollie allegedly told agents he lied on ATF Form 4473 while purchasing firearms, specifically while answering question 11e that asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” Kollie checked the “no” box.
According to the affidavit, Kollie also acknowledged purchasing three items used by Betts during the August 4 mass shooting:
- body armor,
- upper receiver that was attached to the AM-15 weapon and
- 100-round double drum magazine.
Kollie indicated he purchased these items for Betts and stored them at his apartment to assist Betts in hiding them from Betts’ parents. Kollie and Betts allegedly assembled the AM-15 in Kollie’s apartment approximately 10 weeks ago. Approximately six to eight weeks ago, Kollie obtained the drum magazine. At that time, Betts took possession of it, the assembled weapon, and the body armor.
Agents returned to Kollie’s apartment with a federal search warrant and recovered the micro Draco pistol, a Taurus Model PT111 G2A semi-automatic pistol, ammunition, drug paraphernalia, including a “bong,” and suspected marijuana and mushrooms believed to contain Schedule 1 Controlled Substances. Kollie was at the apartment at the time agents executed the warrant and was carrying a concealed (with permit) .38 Taurus revolver and a small amount of suspected marijuana, both of which were also recovered pursuant a warrant. Lab testing is in progress.
Possessing a firearm as an unlawful user of a controlled substance is a federal crime punishable by up to 10 years in prison. Making a false statement regarding firearms carries a potential maximum sentence of up to five years’ imprisonment.
Kollie is currently in custody and will appear in federal court in Dayton at 3pm on Wednesday for a detention hearing.
U.S. Attorney Glassman commended the investigation of this case by the FBI, as well as First Assistant United States Attorney Vipal J. Patel and Assistant United States Attorney Dominick S. Gerace, who are prosecuting the case.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Four Men Sentenced to Prison for Engaging in a Child Exploitation Enterprise on the Tor NetworkRead the Press Release
The creator and lead administrator of a highly sophisticated Tor-network-based website dedicated to the sexual abuse of children was sentenced Friday, along with three others, for their roles in this global child exploitation enterprise.
Patrick D. Falte, 29, of Franklin, Tennessee, was sentenced to 35 years in prison for engaging in a child exploitation enterprise, three counts of advertising child pornography, and three counts of distributing child pornography. Benjamin A. Faulkner, 28, of Ontario, Canada, was sentenced to 35 years in prison; Andrew R. Leslie, 24, of Middleburg, Florida, was sentenced to 30 years in prison; and Brett A. Bedusek, 35, of Cudahy, Wisconsin, was sentenced to 20 years in prison, all for engaging in a child exploitation enterprise, by Chief U.S. District Judge Waverly D. Crenshaw of the Middle District of Tennessee. The judge also sentenced each defendant to a lifetime of supervised release. Falte had previously pleaded guilty to the charges in June 2018, and Faulkner, Leslie and Bedusek had pleaded guilty in November 2018.
“The Giftbox Exchange proved a haven for sophisticated predators to produce and spread deplorable depictions of child sexual abuse,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “These sentences affirm that layers of anonymity on the dark web will not prevent the Department of Justice from identifying and holding accountable those who exploit children.”
“The sentences imposed on these despicable individuals should insure that they never have another opportunity to abuse another child,” said U.S. Attorney Don Cochran for the Middle District of Tennessee. “With all that we have, we will continue to hunt down the evil and abominable like-minded individuals who delight in abusing children and will bring them to justice.”
In July 2015, Falte created a website called the “Giftbox Exchange” as a Tor hidden service, meaning it could only be accessed by users through the Tor anonymity network. Falte paid for the operation of the site using the cryptocurrency Bitcoin. He acted as the lead administrator of the site and established rules that required users to upload and share images and videos depicting pre-teen children being sexually abused before they could access the site.
The site was organized into different forums for posting different types of child pornography, categorized by age range of the minor victims — including a sub forum for “Babies & Toddlers.” At the time the site was shut down in November 2016, it had over 72,000 registered users and 56,000 posts. In addition to operating the site on the Tor network—which masks the internet protocol addresses of the users — Falte and his co-conspirators used other advanced technological means to thwart law enforcement efforts, including file encryption and cryptography.
Faulkner joined the Giftbox Exchange in September 2015 and also became an administrator of the site. In addition to his administration of Giftbox Exchange, he created and administered another Tor network-based hidden service website dedicated to child sexual exploitation, which grew to host over 200,000 users. Faulkner also created and administered a separate Tor hidden service reserved for producers of child pornography. Leslie, in addition to his membership on the Giftbox Exchange, himself ran yet another Tor network-based hidden service website, which explicitly allowed images and videos depicting graphic and violent sexual abuse of children. Bedusek, who has a prior federal conviction for receipt of child pornography and engaged in activity on Giftbox Exchange while on federal supervised release for that offense, was a VIP member of Giftbox Exchange which gave him access to a special area of the site, and a moderator on one of the hidden services created by Faulkner.
In addition to running an online network dedicated to child sexual exploitation, Falte and Faulkner were sentenced in September 2017 to life imprisonment by Judge John A. Gibney, Jr., of the Eastern District of Virginia, in connection with their sexual abuse of a toddler-aged minor to whom they gained access through an individual they met through the Giftbox Exchange. They traveled to abuse that minor on multiple occasions. Faulkner also separately traveled to Texas and sexually abused a toddler and produced child pornography of an infant. In March 2018, Leslie was sentenced to 60 years of imprisonment to be followed by a lifetime of supervised release by U.S. District Judge Brian J. Davis of the Middle District of Florida, in connection with his sexual abuse and production of child pornography involving multiple children, including an infant and a toddler.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the High Technology Investigative Unit of the Child Exploitation and Obscenity Section (CEOS). CEOS Trial Attorney Lauren E. Britsch and Assistant U.S. Attorneys S. Carran Daughtrey and Byron M. Jones of the Middle District of Tennessee prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Military Official Heads to Prison for Trafficking CocaineRead the Press Release
McALLEN, Texas – A 47-year-old Mexican national has been ordered to federal prison following his conviction of importing cocaine into the United States, announced U.S. Attorney Ryan K. Patrick.
Victor Manuel Valencia Rascon served in the Mexican military as a medical doctor for 23 years. He pleaded guilty June 3, 2019.
Today, U.S. District Judge Ricardo H. Hinojosa ordered Rascon to serve a total of 37 months in federal prison. In handing down the sentence, the court noted the significant quantity of cocaine Rascon imported.
On March 3, 2019, Rascon attempted to enter the United States at the Hidalgo Port of Entry. During inspection, law enforcement discovered a suitcase in his trunk with 25 brick-shaped packages weighing 27.54 kilograms.
Authorities tested the contents and confirmed it to be cocaine.
Rascon admitted he was aware he was importing cocaine and that he expected to be paid $2,000 per kilogram successfully imported into the United States.
Rascon will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Matthew Redavid prosecuted the case.
Former Marine and Taft Resident Sentenced to 12 Years in Prison for Child Pornography OffenseRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Hector Hinojosa‑Cisneros, 26, formerly of Taft, today to 12 years in prison for his conviction for receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
In addition, Hinojosa-Cisneros was sentenced to 15 years of supervised release, ordered to pay penalty assessments of $5,100, and $2,500 in restitution to one victim.
According to court documents, the National Center for Missing & Exploited Children reported that hundreds of images of child pornography had been uploaded to a Google Plus Photos account. Investigators in Bakersfield confirmed that Hinojosa-Cisneros controlled the account and executed a search warrant at Hinojosa‑Cisneros’s residence in Taft. Ultimately Hinojosa-Cisneros, who served eight years in the United States Marine Corps Reserve, admitted that he was involved in the receipt and distribution of what the court described as a “massive” amount of “very troubling” material. Hinojosa-Cisneros pleaded guilty on Feb. 19, 2019.
“The culmination of this investigation sends a strong message to perpetrators who seek to exploit and harm children that operating in cyberspace does not protect them from detection. HSI and our local, state, and federal law enforcement partners are coming for you,” said Tatum King, special agent in charge, Homeland Security Investigations for San Francisco and Northern California. “HSI remains committed to conducting investigations resulting in the rescue of victims of crime, end the exploitation of children in our communities, and bring to justice those who dare to commit these heinous crimes.”
This case is the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney David Gappa 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 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Former Joplin Police Officer Pleads Guilty to Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A former Joplin, Mo., police officer pleaded guilty in federal court today to receiving and distributing child pornography.
Gary McKinney, 43, of Joplin, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in an Oct. 24, 2018, federal indictment. McKinney was an officer with the Joplin Police Department for about seven years until May 20, 2006, after which he worked for a short time as a police officer in Webb City, Mo., and Duquesne, Mo.
The investigation began on Sept. 17, 2018, when a federal agent received a CyberTip from the National Center for Missing and Exploited Children. Facebook reported that a user had uploaded a video file of the sexual assault of a 4-year-old victim. Law enforcement officers contacted the Facebook user, who at that time was conversing with McKinney using the KIK messaging application.
Law enforcement officers executed a search warrant at McKinney’s residence on Oct. 3, 2018, and seized his cell phone. Investigators located 506 images and 148 videos that contained child pornography on McKinney’s cell phone. The examination showed that McKinney used both the Telegram and KIK applications to converse with others and exchange child pornography.
Under the terms of today’s plea agreement, McKinney is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southwest Missouri Cyber Crimes Task Force, and the Joplin, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Former Girard, PA Man Sentenced to 15 Years in Prison for Producing Sexually Explicit Photos of Young ChildrenRead the Press Release
ERIE, Pa. - A former resident of Girard, Pennsylvania, has been sentenced in federal court to 15 years in prison, lifetime supervised release and a $5,300 special assessment on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Michael Robert Heinrich, 68.
According to information presented to the court, in January 2017 Heinrich took sexually explicit photos of a minor who was four years of age at the time. On February 14, 2017, Heinrich again took sexually explicit photos of that same four-year-old minor and also took a sexually explicit photo of a three-year-old minor. An examination of Heinrich’s computers and cell phone also revealed the presence of numerous other images depicting prepubescent minors engaged in sexually explicit conduct.
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 (CEOS), 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.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Heinrich.
Felon Who Possessed Stolen Handgun Sentenced to More Than Two Years’ in Federal PrisonRead the Press Release
A man who possessed a stolen gun after being convicted of a felony drug offense was sentenced today to more than two years in federal prison.
Matthew Robert Primmer, age 20, from Cedar Rapids, Iowa, received the prison term after a March 21, 2019 guilty plea to being a felon in possession of a firearm.
At the guilty plea, Primmer admitted that he possessed a firearm in Cedar Rapids on December 8, 2018. On that day, police received a report of a disturbance and a witness stated that he had observed a gun fall from Primmer’s pocket. When officers approached Primmer, he ran from them. Police eventually located Primmer hiding between two cars in a nearby parking lot. While speaking with Primmer, a Glock 19 Gen4 9mm pistol fell from Primmer’s person onto the ground. Police later learned the firearm was previously reported stolen.
Primmer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Primmer was sentenced to 27 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Primmer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-0011.
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Federal Jury Convicts New Bern Medical Doctor for Unlawfully Distributing Oxycodone, Money Laundering and Tax EvasionRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, SANJAY KUMAR, 53 of New Bern, North Carolina, was convicted after a 26-day jury trial before United States District Judge Louise Wood Flanagan. The jury found KUMAR, who was a licensed medical doctor at the time of the offenses, guilty of five (5) counts of Unlawful Distribution of Oxycodone outside the scope of professional practice and not for a legitimate medical purpose, five (5) counts of Money Laundering by Concealment, and three (3) counts of Attempt to Evade and Defeat Tax.
The evidence at trial showed that KUMAR was a licensed medical doctor who operated a sports medicine and rehabilitation practice in New Bern, North Carolina from 2004 until June 21, 2016, when his ability to prescribe controlled substances was limited by the North Carolina Medical Board. The Drug Enforcement Administration’s Charlotte-based Tactical Diversion Squad began investigating KUMAR when they were notified by local pharmacies about the number and frequency with which KUMAR was writing prescriptions for opioid narcotics. A multi-agency investigation was initiated in early 2014 by the DEA, the State Bureau of Investigation, the Craven County Sheriff’s Office, and the New Bern Police Department.
At trial, the evidence showed that KUMAR prescribed oxycodone and other controlled substances with little or no medical examination. Multiple witnesses testified that KUMAR operated a cash-only practice, there was no additional staff in the office, and the patients received a prescription from KUMAR at every visit without distinction based on their history of prior medications, prior treatment, and medical diagnoses. The evidence showed that KUMAR wrote approximately 9,500 opioid prescriptions between the years of 2011 to 2016.
KUMAR is scheduled to be sentenced in January of 2020.
Mr. Higdon stated: “The United States Department of Justice is aggressively moving against all individuals who illegally distribute opioids and prescription drugs. Whether those illegally pushing these drugs are on the street or operating from a doctor’s office, we will pursue you, charge you and convict you for the crimes that are putting our citizens at risk.”
This prosecution is part of an extensive investigation by the United States Attorney’s Office’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad. Assistance was also provided by the Internal Revenue Service-Criminal Investigations (IRS-CI), the New Bern Police Department, the State Bureau of Investigation, Diversion and Environmental Crime Unit, and the Craven County Sheriff’s Office. Assistant United States Attorneys Adam Hulbig and Nick Miller represented the government in this case.
Federal Grand Jury Indictments AnnouncedRead the Press Release
United States Attorney Trent Shores announced today the results of the August 2019 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Joshua William Beyerl. Felon in Possession of Firearm and Ammunition; Tampering With a Witness by Physical Force or Threat; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence. Beyerl, 36, of Jay, is charged with being a felon in possession of a Savage Arms .22 LR rifle and associated ammunition. He is also charged with threatening to use physical force against a Delaware County Undersheriff, and with brandishing a firearm during the incident. The Delaware County Sheriff’s Office, Grand River Dam Authority, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Jeffrey Scott Bruce. Attempted Bank Robbery. Bruce, 55, of Tulsa, is charged with attempting to rob a JP Morgan Chase Bank on July 25, 2019. The Tulsa Police Department and FBI are the investigative agencies.
Thomas Dustin Daughtry. Sexual Exploitation of a Child; Possession of Child Pornography; Coercion and Enticement. Daughtry, 42, of Sperry, is charged with coercing a minor to engage in sexually explicit conduct for the purpose of producing pictures. He is further charged with possessing and accessing pornographic images, including at least one with a prepubescent minor. He is finally charged with knowingly coercing a minor to engage in sexual activity. The Tulsa Police Department and FBI are the investigative agencies.
Thomas Lawrence Dean. Bank Robbery Using a Dangerous Weapon; False Information on Hoaxes; Felon in Possession of Firearm and Ammunition. Thomas Lawrence Dean, 50, of Tulsa, is charged with two counts of bank robbery using a dangerous weapon, conveying false information on hoaxes, and being a felon in possession of a FIE Corp. TITAN TIGER BLU .38 Special Caliber Revolver and associated ammunition. Dean allegedly robbed an International Bank of Commerce (IBC) on July 1, 2019, and an Arvest Bank on July 10, 2019. In the IBC robbery, he is alleged to have approached a teller and handed her a note demanding money. In the note, Dean indicated that he was in possession of a bomb and firearm. Later, at Arvest Bank, Dean also demanded money, indicating in a note that he had a firearm. The Tulsa Police Department and FBI are the investigative agencies.
John Samuel Glenn. Possession of Methamphetamine With Intent to Distribute; Possession of a Firearm in furtherance of a Drug Trafficking Crime. Glenn, 29, of Tulsa, is charged with possessing with intent to distribute methamphetamine. He is also charged with possessing a Smith & Wesson 9x19 caliber semiautomatic pistol in furtherance of his drug trafficking crime. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Keith Ingram. Drug Conspiracy; Possession of Methamphetamine With Intent to Distribute; Distribution of Methamphetamine (2 counts); Possession of a Firearm in Furtherance of Drug Trafficking Crimes; Felon in Possession of a Firearm. From May 28 to May 29, 2019, Ingram, 34, of Tulsa, is alleged to have conspired with others to possess with intent to distribute and to distribute methamphetamine; he is also charged with two counts of knowingly possessing with intent to distribute methamphetamine while aiding and abetting others. He is further charged with possessing a firearm to further his drug trafficking crimes and with being a felon in possession of a Taurus .45 caliber semi-automatic pistol. The Tulsa Police Department is the investigative agency.
Carnell Lovette Matthews. Attempted Coercion and Enticement of a Minor; Receipt of Child Pornography. From April 30 to May 2, 2019 Matthews, 43, of Tulsa, is alleged to have attempted to persuade, induce, coerce, and entice a minor to engage in sexual activity. He is further charged with receiving images of a minor engaged in sexually explicit conduct. The FBI and Broken Arrow Police Department are the investigative agencies.
Alexander Joshua Milner. Possess, Receive, Conceal, Store, Barter, Sell and Dispose of Stolen Firearms; Theft of a Firearm From a Federal Firearm Licensee. Milner, 31, of Sand Springs, is charged with knowingly possessing the following stolen firearms: a Beretta .40 S&W caliber semi-automatic pistol; a Herbert Schmidt .22 caliber revolver; a Mossberg 12 gauge pump-action shotgun; a Remington 12 gauge semi-automatic shotgun; a Benelli 12 gauge semi-automatic shotgun; a Weatherby .22 caliber semi-automatic rifle; and an Anderson Manufacturing 5.56mm caliber semi-automatic rifle. He is further charged with stealing the firearms in July 2019 from a federal firearms licensee in Tulsa. The Osage County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms, and Explosives are the investigative agencies.
Kameron Todd Myers, Chelsey Sky Inman, and Colby Murphy. Carjacking (2 counts); Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence (2 counts); Accessory After the Fact; Felon in Possession of Firearm and Ammunition. Myers, 32, and Murphy, 21, both of Tulsa, are charged with carjacking a 2002 Mercedes-Benz on June 2, 2019. Myers is further charged with brandishing a firearm during the carjacking. Myers is also charged with carjacking a 1999 Jeep Grand Cherokee on June 4, 2019, and with brandishing a firearm during the crime. Finally, Myers is charged with being a felon in possession of a Glock .45ACP caliber semi-automatic pistol. Inman, 26, of Tulsa, is charged with being an accessory after the fact for assisting Myers and Murphy in order to prevent their apprehension and future trial regarding the June 2, 2019, carjacking. The Tulsa Police Department and FBI are the investigative agencies.
Casey Adam Parker. Attempted Coercion and Enticement of a Minor. From July 1 to July 2, 2019, Parker, 39, of Afton, allegedly attempted to knowingly persuade and entice an individual he believed to be a minor to engage in sexual activity. The Tulsa Police Department and FBI are the investigative agencies.
Dawn M. Setser. Unlawful User of a Controlled Substance in Possession of a Firearm. Setser, 39, of Rose, is charged with being an unlawful user of a controlled substance in possession of an Amadeo Rossi .38 special revolver. The Delaware County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Jason Ray Smith. Attempted Coercion and Enticement. Smith, 40, of Sapulpa, is charged with attempting to persuade and entice an individual whom he believed to be a minor to engage in sexual activity. The Tulsa Police Department and FBI are the investigative agencies.
Lee Charles Smith. Destruction of an Energy Facility (6 Counts). In September 2018, Smith, 32, of Wynona, is alleged to have damaged six oil pumping rigs throughout Osage County by removing motors and other equipment from the pumpjack rigs. In total, Smith is alleged to have caused in excess of $30,000 worth of damages. The Osage County Sheriff’s Office and Oklahoma Bureau of Investigation are the investigative agencies.
Carl Thomas Spaeth. Attempted Coercion and Enticement of a Minor. From July 5 to July 10, 2019, Spaeth, 35, of Broken Arrow, is alleged to have persuaded and enticed an individual whom he believed to be a minor to engage in sexual activity. The Tulsa Police Department and FBI are the investigative agencies.
Jimmy Townsend. Possession of Methamphetamine With Intent to Distribute. Townsend, is charged with possessing with intent to distribute 500 grams or more of methamphetamine. The Tulsa Police Department, Drug Enforcement Administration, and U.S. Postal Inspection Service are the investigative agencies.
Lucas Shane Vann. Sexual Exploitation of a Child. Vann, 19, of Salina, is charged with knowingly enticing a minor to engage in sexually explicit conduct for the purpose of producing sexual images. The Delaware County Sheriff’s Office and FBI are the investigative agencies.
Brent Kenneth Whinery. Felon in Possession of Firearm and Ammunition. Whinery, 28, of Avant, is charged with being a felon in possession of a Rohn GMBH .22 caliber revolver and 90 rounds of ammunition. The Skiatook Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Eugene Jury Convicts Methamphetamine TraffickersRead the Press Release
EUGENE, Ore.—U.S. Attorney Billy J. Williams announced today that a federal jury in Eugene has found two men guilty of trafficking methamphetamine from Southern California to Central Oregon and the Portland Metropolitan Area for distribution.
On August 9, 2019, Ronald Wayne Thrasher, 49, of Madras, Oregon, was found guilty of purchasing and transporting methamphetamine for distribution. Thrasher’s supplier, Russell Marvin Jones, 53, of Gresham, Oregon, was found guilty of selling methamphetamine and possessing a stolen firearm. Both men were also found guilty of being felons in possession of a firearm.
Thrasher and Jones have each served time in prison for past convictions. Thrasher served time in federal prison for being a felon in possession of a firearm and Jones in Oregon state prison for first degree manslaughter.
Nine co-defendants have previously pleaded guilty to conspiring with Thrasher to possess with intent to distribute methamphetamine and are awaiting sentencing: Jordan Michael Johnson, 57, of San Diego, California; Brenda Ann Lederman, 46, of Santee, California; Jason James Puckett, 46, of Prineville, Oregon; Tyler Wayne Fuller, 30, Renee Marie Scarlett, 48, and Talina Shantel Ortiz, 45, of Madras; Jacklin Renee Bowlby, 36, of Bend, Oregon; Kerry Wayne Hopson, 33, of Redmond, Oregon; and Mistie Dawn Cooper, 39, of Alfalfa, Oregon. Fuller also pleaded guilty to robbing a bank in Madras.
According to court documents and testimony produced at trial, in spring of 2016, Thrasher became acquainted with multiple co-defendants who were engaged in trafficking methamphetamine from Santee, San Diego and Portland for resale in Central Oregon. Thrasher used these connections to establish a source of supply for his own methamphetamine use and distribution.
In early 2017, after his primary supplier was arrested in Redmond, an associate introduced Thrasher to Jones, a methamphetamine manufacturer, dealer and user in the Portland, Oregon area. On or about February 17, 2017, Thrasher traveled to Portland with his associates to meet Jones. During this meeting, Jones sold Thrasher several pounds of methamphetamine. On March 20, 2017, after several additional methamphetamine deals, Jones sold Thrasher a stolen firearm.
By April 2017, Thrasher was distributing methamphetamine via multiple associates throughout Central Oregon. On April 9, 2017, he was introduced to new California-based methamphetamine suppliers including Stevens. Two weeks later, Thrasher and an associate drove to Santee to meet with his new suppliers. During this meeting, Thrasher purchased approximately 13 pounds of methamphetamine from Stevens.
In May 2017, a Central Oregon Drug Enforcement (CODE) team investigation identified Thrasher as a high-volume methamphetamine supplier and distributor. On May 29, 2017, CODE detectives assisted by a U.S. Drug Enforcement Administration (DEA) agent arrested Thrasher and seized approximately 16 pounds of methamphetamine, $16,000 in cash, records of drug sales and the stolen firearm from his residence in Madras.
Thrasher and Jones will be sentenced on February 4, 2020 and November 14, 2019, respectively, before U.S. District Court Judge Michael J. McShane.
This case was investigated by CODE, DEA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Oregon State Police. It was prosecuted Frank R. Papagni Jr. and Judi Harper, Assistant U.S. Attorneys for the District of Oregon, with the assistance of the Jefferson, Crook and Deschutes County District Attorney’s Offices.
Erie County Man Pleads Guilty to Possessing Computer Images of Child PornographyRead the Press Release
ERIE, Pa. - A resident of Fairview, Pennsylvania pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
Matthew E. Poese, 47, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Poese possessed computer images depicting prepubescent minors engaging in sexually explicit conduct..
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 (CEOS), 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.
Judge Cercone scheduled sentencing for December 9, 2019 at 1:30 p.m.. The law provides for a total sentence of 10 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.
Pending sentencing, the court placed Poese on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Poese.
District Man Found Guilty of Multiple Counts of Assault with a Weapon for 2017 ShootingRead the Press Release
WASHINGTON – Derrick Watson, 41 of Washington, D.C., was found guilty by a jury of five counts of assault with a dangerous weapon, assault with significant bodily injury while armed, six counts of possession of a firearm during a crime of violence, and felon in possession for a shooting that took place on July 10, 2017, in Northwest Washington, announced U.S. Attorney Jessie K. Liu.
The guilty verdicts were returned Wednesday, July 24, 2019, following a one-week trial in the Superior Court of the District of Columbia. The Honorable Craig Iscoe scheduled sentencing for October 11, 2019.
The government’s evidence established that on July 10, 2017, at approximately 8:54 p.m., the defendant engaged in a gun battle with Saheed Salu and Kevin Williams in a small courtyard behind 1341 I Street NE, Washington, DC. During the shooting at least 15 innocent adults and children were in the immediate area and a one-year-old was struck in the crossfire requiring medical attention. Earlier in the evening, the defendant was involved in a verbal altercation with Saheed Salu over gambling. Saheed Salu left the area and returned with Kevin Williams both armed. Once the defendant noticed Kevin Williams was armed, the defendant walked to his car, retrieved his own firearm, and returned closer to Salu and Williams. Soon after at least 13 gunshots were fired by the three shooters. Saheed Salu and Kevin Williams plead guilty and were sentenced in January 2019.
In announcing the verdict and guilty plea, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisory Litigation Technology Specialist Leif Hickling, Victim/Witness Program Specialist Karina Hernandez, former Victim-Witness Advocate Diana Lim, Supervisory Victim/Witness Services Coordinator Katina Adams-Washington, Supervisory Paralegal Specialist Sabrina Turner, Paralegals Tiffany Fogle and Antoinette Sakamsa, former Criminal Investigator John Marsh, intern Elizabeth Brown, former Assistant U.S. Attorneys Jennifer Kerkhoff and Louis Manzo.
Finally, she acknowledged the efforts of Assistant U.S. Attorney Rachel Bohlen who prosecuted the case and Monica Trigoso who investigated and prosecuted the case.
Defendant convicted in string of horrific armed robberies of Asian-run businessesRead the Press Release
ATLANTA – A federal jury has convicted Dravion Sanchez Ware for conducting a string of armed robberies targeting Asian owned-and-operated businesses in Atlanta, Doraville, Duluth, Roswell, Stone Mountain, and Norcross in October and November 2017.
“Ware terrified his innocent victims, demonstrating a callous disregard for the lives of these small business owners and their customers,” said U.S. Attorney Byung J. “BJay” Pak. “The courage of his victims, and the coordination of federal and local law enforcement officers who were determined to bring him to justice, will ensure he faces a very lengthy prison sentence.”
“The victims of these violent armed robberies will be emotionally scarred forever, but thanks to a federal jury, hopefully they can rest easier knowing that Ware will not traumatize any more victims like they were, for a long, long time,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI would like to thank our state and local law enforcement partners who helped bring this violent defendant to justice.”
“The strong partnerships we work hard to forge in Atlanta with local, state and federal agencies are critical to bringing dangerous criminals like Ware to justice,” said Atlanta Police Chief Erika Shields. “Congratulations to all of those involved in putting an end to this violent string of robberies.”
“These are the results we get when agencies come together and pool our resources to ensure our communities remain safe from people who choose to do harm. Because of all of the hard work from our investigators, as well as the hard work from all of the agencies involved, we were able to make a good case and get a solid conviction. We are pleased that these individuals will not be loose on our streets wreaking havoc,” said Interim Doraville Police Chief Chuck Atkinson
Gwinnett County Police Chief Butch Ayers said, “The series of crimes committed by these perpetrators are a prime example of the need for strong working relationships between federal and local agencies. Criminals do not abide by jurisdictional boundaries. The knowledge that law enforcement works together across those boundaries should discourage others who would commit such crimes.”
“The violent actions of these individuals created grief and fear within our communities. Thanks to coordination and cooperation between the dedicated members of the participating agencies, Ware and Smith will be held responsible for these vicious attacks,” said Roswell Police Chief James W. Conroy.
According to U.S. Attorney Pak, the charges, and other information presented in court: Between October 7 and November 10, 2017, Ware, along with co-defendant Tabyron Rashad Smith, committed multiple armed robberies of Asian-run businesses in Metro-Atlanta. Ware participated in at least nine armed robberies. He pistol-whipped several victims, terrified many others, and even shot three women during one of the robberies. One of Ware’s victims attempted to avoid detection while squatting on her knees, facedown, behind a cash register. Ware then calmly walked up behind her and shot her in the back at point-blank range.
Ware’s convictions for conspiring to commit, and commission of, multiple Hobbs Act robbery offenses, and the charges of discharging or brandishing a firearm during the robberies, stem from his armed robberies of three businesses in Atlanta, two in Doraville, as well as one business in each of the following cities: Norcross, Duluth, Stone Mountain, and Roswell, Georgia.
Ware was captured on November 22, 2017, after the FBI led a multi-jurisdictional investigation that included participation of the Georgia Bureau of Investigation, the Doraville Police Department, the Fulton County Police Department, the Gwinnett County Police Department, the Atlanta Police Department, the Roswell Police Department, and the Sandy Springs Police Department.
Ware’s co-defendant, Tabyron Rashad Smith, pled guilty on July 23, 2019, to conspiracy to commit the Hobbs Act robberies, and four counts of discharging or brandishing a firearm during several of the robberies.
Sentencing for Dravion Sanchez Ware, 23, of Atlanta, Georgia, is scheduled for November 5, 2019, at 10:00 a.m. before U.S. District Judge Timothy C. Batten, Sr. Ware was found guilty on August 2, 2019 by a federal jury.
Assistant U.S. Attorneys Bret R. Hobson and Timothy H. Lee prosecuted the case.
This case was brought as a part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.