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Wednesday 31 July 2019
Hardy County man sentenced for role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – John Wayne Crites, of Moorefield, West Virginia, was sentenced today to five years probation and ordered to pay more than $217,000 for his role in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
Crites, age 48, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in July 2017. Crites admitted to working with others to distribute more than 50 grams of crystal meth in Grant County between September 2014 and December 2016.
The judge ordered that Crites pay $217,600, and Crites must forfeit an orange Honda Foreman.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The United States Postal Inspection Service and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.Haitian National Charged with Being A Felon in Possession of FirearmRead the Press Release
BOSTON – A Haitian national was charged today in federal court in Boston with illegally possessing a firearm.
Joquentz Constant, 23, a Haitian national residing in Dorchester, was indicted on one count of being a felon in possession of a firearm. Constant was arrested and charged in January 2019 and has been in custody since.
According to court documents, on Aug. 25, 2018, Constant was found to be in possession of a black Regent. 32 caliber revolver bearing obliterated model and serial numbers and containing five rounds of PPU .32 caliber ammunition and one round of WIN .32 caliber ammunition. Due to prior convictions punishable by more than one year in jail, Constant is prohibited from possessing a firearm.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Constant will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Suffolk County District Attorney Rachael Rollins; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Gettysburg Man Sentenced on Drug and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Gettysburg, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, Possession of an Unregistered Firearm and Possession of an Unregistered Firearm Silencer was sentenced on July 30, 2019, by U.S. District Judge Roberto A. Lange.
Adam Westphal, age 35, was sentenced to 120 months on the conspiracy conviction and 97 months on each firearm conviction. All custody time is to run concurrent, except for 6 months of the firearm convictions, which runs consecutive to the conspiracy conviction for a total custody sentence of 126 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
Westphal was indicted by a federal grand jury on August 13, 2018. He pled guilty on May 9, 2019.
The conviction stemmed from a conspiracy that occurred between October 1, 2017, and July 1, 2018, wherein Westphal knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute between 500 grams and 1.5 kilograms of methamphetamine, a Schedule II controlled substance. Westphal, who is an unlawful user of and addicted to a controlled substance, knowingly received and possessed 12 firearms, including an illegal short shotgun, and ammunition. Additionally, Westphal knowingly received and possessed several homemade silencers and destructive devices, each of which were not registered to him as required by law.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Potter County Sheriff’s Office, the Mobridge Police Department, the South Dakota Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Meghan N. Dilges prosecuted the case.
Westphal was immediately turned over to the custody of the U.S. Marshals Service.
Former Secretary of Tribal Office Sentenced for EmbezzlementRead the Press Release
United States Attorney Ron Parsons announced that a former Secretary of the Oglala Sioux Tribe’s Credit and Finance Office was sentenced to 5 years of federal probation for Embezzlement and Theft from an Indian Tribal Organization. Helen Hernandez, age 41, was also ordered to pay $42,100 in restitution. She pleaded guilty to felony embezzlement on April 5, 2019, at the federal courthouse in Rapid City, South Dakota.
According to court documents, from February 2014 through June 2015, Hernandez embezzled and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Credit and Finances Office of the Oglala Sioux Tribe, an Indian Tribal Organization. During the time of the embezzlement, Hernandez was serving as the Secretary of that office.
The investigation was conducted by the Department of Interior, Office of Inspector General. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Former Santa Ana Police Officer Criminally Charged with Using Unreasonable Force, Filing False Reports in Connection with BeatingRead the Press Release
SANTA ANA, California – A retired Santa Ana Police officer was charged today by a federal grand jury that accused him of violating the civil rights of a man by using unreasonable force during an arrest and then lying about the incident in official reports.
Brian Patric Booker, 50, of Chino Hills, was named in an indictment that charges him with one felony count of deprivation of rights under color of law and two felony counts of falsification of records. He will be arraigned on the indictment on August 12 in United States District Court in Santa Ana.
According to the indictment, on June 19, 2014, Booker used unreasonable force in connection with the arrest of the victim. The victim was not resisting arrest.
Following the incident, Booker allegedly caused false police reports to be filed. Booker falsely claimed that the victim reached toward Booker and grabbed Booker by his right leg, the indictment alleges. Booker also falsely stated that he delivered three or four punches to the back of the victim’s head because he believed the victim was about to tackle him and possibly have access to Booker’s firearm, according to the indictment. Booker allegedly knew these statements were false when the reports were filed.
Booker retired from the Santa Ana Police Department last year after approximately 19 years of service.
If convicted of all counts, Booker would face a statutory maximum sentence of 60 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
This matter was investigated by the Federal Bureau of Investigation. The Santa Ana Police Department cooperated fully with the FBI’s investigation.
This case is being prosecuted by Assistant United States Attorneys Jennifer L. Waier and Robert J. Keenan of the Santa Ana Branch Office.
Former Postal Service Employee Pleads Guilty to Robbery, Firearms Charges in Scheme that Stole Nearly $240,000 from USPS TrucksRead the Press Release
LOS ANGELES – A former United States Postal Service employee pleaded guilty today to federal criminal charges for participating in one burglary and two armed robberies of USPS trucks carrying cash – incidents that caused nearly a quarter million dollars in losses.
William Crosby IV, 32, of Inglewood, pleaded guilty to two felonies: robbery of United States property and using a firearm in furtherance of a violent crime. United States District Judge S. James Otero scheduled an October 28 sentencing hearing, at which time Crosby will face a statutory maximum sentence of life in federal prison along with a mandatory consecutive sentence of seven years’ imprisonment.
Crosby admitted in his plea agreement that between August 2017 and March 2018, while a USPS employee, he conspired with others to plan a theft and two robberies of USPS trucks carrying cash. The burglary and armed robberies caused cash losses of $238,457, Crosby admitted in his plea agreement.
As a former supervisor, Crosby knew when the USPS transported cash generated from the sale of money orders and USPS merchandise – information that is not known to all Postal Service employees, according to a federal grand jury indictment.
On August 1, 2017, Crosby signaled to his co-conspirators that a Postal Service truck carrying a large amount of cash was on the loading dock at the Dockweiler Post Office in South Los Angeles. A co-conspirator wearing a Postal Service shirt walked onto the loading dock and stole a container inside the truck that contained $128,236 in cash.
On February 1, 2018, Crosby, then assigned to the Wagner Post Office in Los Angeles near the city boundary with Inglewood, provided information to co-conspirators that a USPS truck carrying cash was leaving the facility. During the robbery, in which Crosby acted as a lookout, a minivan blocked the USPS truck just outside the Wagner Post Office, the robber threatened the truck driver at gunpoint, and the robber stole $37,658 in cash.
On March 1, 2018, Crosby took sick leave without pay from his job at the Wagner Post Office. On that date, however, he again conspired to rob a post office, this time the Dockweiler Post Office, where he previously worked. Less than one hour before the robbery, Crosby parked at a grocery store parking lot across the street from the Dockweiler Post Office in a spot where he could see the post office’s loading dock area.
After the USPS truck left the facility, Crosby, along with his co-conspirators, followed the truck, according to the plea agreement. A co-conspirator rented a Mercedes-Benz SUV and used that vehicle to box in the USPS truck as it exited the southbound 110 Freeway at Slauson Avenue. At that time, another co-conspirator exited another vehicle, brandished a gun to control the USPS driver, and stole $72,563 in cash, the plea agreement states.
Crosby’s co-defendant, his half-brother Myron Crosby, 28, of Inglewood, is scheduled to go to trial in this case on September 3.
This matter was investigated by the United States Postal Inspection Service and the United States Secret Service.
The case is being prosecuted by Assistant United States Attorneys Thomas F. Rybarczyk of the Public Corruption and Civil Rights Section, and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section.
Former Financial Advisor Sentenced to 20 Years in Federal Prison for Her Conviction on 17 Federal Charges Related to $20 Million Ponzi SchemeRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Dawn J. Bennett, age 56, of Chevy Chase, Maryland, to 20 years in federal prison, followed by five years of supervised release, for 17 federal charges including conspiracy, securities fraud, wire fraud, bank fraud, and making false statements on a loan application. Judge Xinis ordered that Bennett must pay restitution of $14,504,290 and forfeiture of $14,306,842. After deliberating for fewer than five hours, a federal jury convicted Bennett of those charges on October 17, 2018.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
“Dawn Bennett knowingly defrauded retirees of their life’s savings – most of which she used for her own personal benefit,” said U.S. Attorney Robert K. Hur. “She’s been held accountable for her lies and theft and will now spend years in federal prison.”
According to the information presented at her nine-day trial, Bennett is the owner and operator of DJB Holdings, LLC, d/b/a DJBennett.com, an Internet retail website for luxury sportswear.
According to the evidence presented at trial, between December 2014 and April 2017, Bennett solicited individuals to invest money in her Internet clothing business, offering an annual interest rate of 15% via convertible or promissory notes. In order to entice individuals to invest, Bennett made false and misleading statements, including: the risks of investing in DJB Holdings; how investors’ funds would be used; and that the loans were liquid and guaranteed by DJB Holdings’ inventory and assets, and by Bennett herself. Witnesses testified that Bennett concealed the true financial condition of her companies from investors. Bennett convinced several investors to withdraw a significant portion of their retirement accounts to invest in, and loan money to, her companies. The evidence showed that Bennett misappropriated investor funds, using them to fund a lavish lifestyle, pay her personal legal expenses, and repay previous investors with funds she received from new investors. This is consistent with a Ponzi scheme--a fraudulent investment scheme where the operator of the scheme solicits investors by promising high rates of return with little risk. The scheme operator then funds payments to the earlier investors through funds obtained through new investors. Typically, the operator of the scheme will use investment funds for purposes other than what was conveyed to the investors.
According to testimony at trial, over the course of the scheme, Bennett obtained more than $20 million from 46 investors, many of them retirees who knew of Bennett from a radio show she hosted. Some of those funds were used to pay earlier investors and the rest was used for her personal benefit, including: a luxury suite at a football stadium; to pay a website operator to arrange for priests in India to perform religious ceremonies to ward off federal investigators; to purchase astrological gems; and for cosmetic medical procedures.
Evidence at trial showed that in May 2015, DJB Holdings, LLC also obtained a $750,000 line of credit, with Bennett as guarantor. According to witness testimony, in support of this line of credit, Bennett made false statements to the bank, including that she had a brokerage account with a net portfolio value of over $4 million. In reality, Bennett’s net portfolio value for that same account was only $35. The loan proceeds were to be used solely for business operations, but Bennett used the funds to pay off investors and to pay her personal expenses. In February 2016, the lender declared the loan in default. Bennett told the lender that she was unaware of the default because she had been in China for the preceding eight months. According to trial evidence, there was not any international travel for Bennett during the time in which she claimed to be in China, and her personal American Express card showed numerous transactions during that time in the Chevy Chase, Maryland and Washington, D.C. area.
On August 25, 2017, the SEC filed a related action against Dawn J. Bennett and DJB Holdings, LLC d/b/a/ DJBennett and DJBennett.com alleging violations of the Securities Act of 1933 and the Securities Exchange Act of 1934.
Bennett’s co-defendant, Bradley Mascho, age 52, of Frederick, Maryland, pleaded guilty to conspiracy to commit securities fraud and to making a false statement. Mascho faces a maximum of 10 years in prison. As part of his plea agreement, Mascho is required to pay restitution in the full amount of the victim’s losses, which is at least $5,720,457, minus amounts repaid with money not derived from his criminal conduct, but in no event less than $3,650,238. Mascho is scheduled to be sentenced on August 28, 2019 at 2:00 p.m.
United States Attorney Robert K. Hur commended the FBI for its work on this investigation and thanked the SEC. Mr. Hur praised Assistant U.S. Attorneys Erin B. Pulice, Thomas P. Windom, and Gregory D. Bernstein, who prosecuted the case.
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Former Federal Bureau of Prisons Lieutenant Sentenced to 25 Years in Prison for Sexual Abuse and Violation of Civil Rights ConvictionsRead the Press Release
Earlier today, Eugenio Perez was sentenced before Judge Kiyo A. Matsumoto in U.S. District Court in Brooklyn, New York to 25 years’ imprisonment following his convictions on six counts of deprivation of civil rights under color of law, four counts of aggravated sexual abuse, five counts of sexual abuse in a federal prison, six counts of sexual abuse of a ward, one count of attempted sexual abuse of a ward, and one count of abusive sexual contact. As part of his sentence, Perez is also required to register as a sex offender. At the time of the offenses, Perez was a federal correctional officer with the rank of Lieutenant employed by the United States Bureau of Prisons (BOP) at the Metropolitan Detention Center in Brooklyn, New York (MDC). In January 2017, he was suspended by the BOP after his arrest. Perez was convicted after a two-week jury trial in May 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Guido Modano, Special Agent-in-Charge, United States Department of Justice Office of the Inspector General, New York Field Office (DOJ OIG), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“While serving as a Lieutenant at the MDC, the defendant used force, fear and intimidation to violate his sworn duty and the civil rights of multiple female inmates in his custody through repeated sexual abuse of his victims,” stated United States Attorney Donoghue. “Today’s sentence appropriately reflects the gravity and seriousness of the defendant’s crimes, and demonstrates our steadfast commitment to hold accountable correctional officers who abuse their positions of authority.”
“Perez abused his power and took advantage of female inmates under his control and supervision through manipulation and intimidation,” stated DOJ OIG Special Agent-in-Charge Modano. “He betrayed his duty as an officer of the Department of Justice and used his position of authority to satisfy his own desires by victimizing inmates. Today’s sentence shows that this kind of abuse will not be tolerated, and those who violate the civil rights of federal inmates, and disgrace the honorable profession of federal correctional officers will sternly be brought to justice.”
“We are a society governed by law, and we expect and demand that those convicted of crimes receive humane punishment according to the law,” stated FBI Assistant Director-in-Charge Sweeney. “Correctional officers have a truly difficult job, and most perform their duties with honor and integrity. Today’s sentencing reflects the accountability we demand of those who hold these positions of power. Sexual abuse in correctional facilities will never be tolerated by the FBI or our law enforcement partners.”
Over a three-year period between January 2013 and September 2016, Perez used his position as an officer at the MDC to engage in sexual acts and contact with five female inmates under his supervisory and disciplinary authority. The victims, identified in the indictment as “Jane Doe #1” through “Jane Doe #5,” testified that Perez lured them into isolated locations, used physical force and intimidation to compel the victims to engage in sexual acts with him, including oral sex, and used his authority over them to ensure that they did not report the abuse.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Nadia Shihata is in charge of the prosecution.
The Defendant:
EUGENIO PEREZ
Age: 49
Brooklyn, NYE.D.N.Y. Docket No. 17-CR-280 (KAM)
Former Bank Employee Admits Role in Embezzlement ScamRead the Press Release
HOUSTON – A 38-year-old ex-employee of a local bank who resides in Houston has pleaded guilty to embezzlement, announced U.S. Attorney Ryan K. Patrick.
Adriana Granados aka Adriana Canas pleaded guilty today to one count of embezzling from her former employer.
According to the plea agreement, Granados was employed as an executive assistant in the bank’s Business Development Department and was responsible for submitting expenses account statements for corporate credit cards issued to her and other bank employees for business expenses incurred for the bank. Without the bank’s knowledge or consent, Granados used her corporate credit card and the cards of other employees to charge personal expenses.
Sentencing has been set for Oct. 16, 2019, before U.S. District Judge Nancy Atlas. At that time, Granados faces up to 30 years in federal prison and a possible $1 million maximum fine.
Granados was permitted to remain on bond pending that hearing.
The Federal Deposit Insurance Corporation - Office of Inspector General conducted the investigation. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
Fitchburg Woman Indicted for Social Security, MassHealth and Food Stamp FraudRead the Press Release
BOSTON – A Fitchburg woman was arrested yesterday and charged in federal court in Boston with fraudulently receiving Social Security disability benefits, MassHealth, and Supplemental Nutrition Assistance Program (SNAP) benefits.
Rhonda Bernal, 60, was charged with three counts of theft of public funds and two counts of making false statements. She appeared before U.S. District Court Magistrate Judge Jennifer Boal and was released on conditions.
According to the indictment, over a period of approximately eight years, Bernal stole $71,462 in Social Security benefits, $6,444 in MassHealth benefits, and $13,505 in SNAP benefits (previously known as Food Stamps). In February 2015, she allegedly falsely informed the Massachusetts Department of Transitional Assistance that she was the only person in her household when, in fact, she was living with her husband. In addition, Bernal allegedly falsely told Social Security in April 2016 that she and a relative, who was not her husband, were the only members of her household.
The charges of theft of public funds provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of making false statements provide for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Service’s Boston Regional Office; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts, made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Federal Trial Scheduled for Piatt County Farmer Charged with Bank Fraud, Concealing Bankruptcy AssetsRead the Press Release
URBANA, Ill. – Trial for a Piatt County farmer has been scheduled for Nov. 18, 2019, after a federal grand jury indicted James R. Williams, 59, of Cisco, Ill., on charges of bank fraud and concealment of bankruptcy assets.
The indictment, returned last month, alleges that beginning in December 2015, Williams defrauded both First Security Bank and Gifford State Bank by submitting false information on a balance sheet used to secure a $4.6 million loan for his business, RJW Williams Farms, Inc. As a result, the loss to the banks exceeded $500,000. In addition, the indictment alleges that beginning in October 2016, Williams concealed more than $500,000 in grain sales from creditors of the bankruptcy estate of RJW Williams Farms, Inc. Williams allegedly instructed employees of an ADM grain elevator in Niantic, Ill., to issue checks to his son, which were then deposited into an account held jointly by Williams and his son.
During a court appearance on July 23, before Chief U.S. District Judge Sara Darrow in Urbana, a trial date of Nov. 18, 2019 was set. Williams’ next scheduled court appearance in federal court in Urbana, is on Sept. 19, 2019, for a pretrial conference. Williams remains on bond.
If convicted of bank fraud, the offense carries a penalty of up to 30 years in prison and a fine of up to $1,000,000. For conviction of the offense of concealment of bankruptcy assets, the penalty is up to five years in prison and a maximum fine of $250,000.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
“Abuse of the bankruptcy process undermines the public’s confidence in the bankruptcy system,” stated Nancy J. Gargula, United States Trustee for Southern and Central Illinois and Indiana (Region 10). “We appreciate U.S. Attorney Milhiser’s commitment to helping preserve the integrity of the bankruptcy system in the Central District of Illinois.”
The U.S. Trustee for Region 10 referred the alleged bankruptcy fraud to the U.S. Attorney’s Office. The charges were investigated by the Federal Deposit Insurance Corporation, Office of Inspector General in collaboration with the Central Illinois Bankruptcy Fraud Working Group coordinated by the U.S. Trustee. Assistant U.S. Attorney Meredith Reiter is representing the government in the criminal prosecution.
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in South Bend, Ind., and Peoria, Ill.
Federal Jury Finds Pensacola, Florida Man Guilty of Interstate Armed Robbery and Carjacking SpreeRead the Press Release
Following a five-day jury trial, an Escambia County, Florida man was convicted of participating in a two-week interstate crime spree during which the defendant and his then-girlfriend committed five armed robberies and two armed carjackings across the southeastern United States.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Lessie Earl Proctor, 33, of Pensacola, FL, was convicted on July 18, 2019, of all counts submitted to the jury - one count of conspiracy to commit Hobbs Act Robbery, two counts of Hobbs Act Robbery, and two counts of brandishing a firearm in furtherance of a crime of violence (Case No. 18-20748-CR-RUIZ). The case was tried before U.S. District Judge Rodolfo A. Ruiz, II in Fort Lauderdale.
Evidence established at trial showed that the Proctor’s crime spree began on June 1, 2018, when the defendant and his then-girlfriend Anna Kay Coenen used a pistol to carjack a 74-year old woman who had just exited a public library in Pensacola, Florida. Proctor and his girlfriend drove the stolen car to south Florida, and the next day, on June 2, 2018, they used a pistol to rob a Cricket Wireless store in Doral, Florida. Proctor’s girlfriend handed a store employee a threatening note and the defendant brandished his pistol. The next day, on June 3, 2018, Proctor and his girlfriend robbed a Subway restaurant in Hialeah, Florida. Proctor pointed his pistol at two restaurant employees as his girlfriend emptied the cash register. Over the following two weeks, Proctor and his girlfriend drove across the southeastern United States committing a string of armed robberies and carjackings, including armed robberies of a Circle K store in Senatobia, Mississippi, a Dollar General store in Prescott, Arkansas, and a Circle K store in Normal, Illinois. Victim witnesses from across the country testified during the trial.
On July 3, 2019, Coenen pled guilty to conspiracy to commit Hobbs Act robbery and two substantive counts of Hobbs Act robbery. She is scheduled to be sentenced on October 25, 2019 at 2 p.m.
Proctor is scheduled to be sentenced on October 28, 2019, at 9:30 a.m., before Judge Ruiz in Fort Lauderdale. The defendant faces up to life imprisonment, and a mandatory minimum sentence of 14 years in prison.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI in this matter. She thanked the members of the Hialeah Police Department, Doral Police Department, Pensacola Police Department, Prescott City Police Department in Arkansas and Kosciusko Police Department in Mississippi for their invaluable assistance.
The case is being prosecuted by Assistant U.S. Attorney Michael B. Homer, Special Assistant U.S. Attorney Elizabeth Young, and Assistant U.S. Attorney Lisa Miller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Federal Indictment Alleges Scheme to Avoid Payment of $1.8 Billion in Anti-Dumping Duties on Chinese Aluminum Imported as ‘Pallets’Read the Press Release
LOS ANGELES – A federal grand jury indictment unsealed late Tuesday alleges a complex financial fraud scheme in which a Chinese company exported to the United States huge amounts of aluminum – disguised as “pallets” to avoid customs duties of up to 400 percent – and “sold” the purported pallets to related entities to fraudulently inflate the company’s revenues and deceive investors around the world.
The 53-page indictment alleges that China Zhongwang Holdings Limited, Asia’s largest aluminum extrusion company; Zhongtian Liu, the company’s former president and chairman; and several individual and corporate co-defendants lied to U.S. Customs and Border Protection to avoid paying the United States $1.8 billion in anti-dumping and countervailing duties (AD/CVD) that were imposed in 2011 on certain types of extruded aluminum imported into the United States from China.
The aluminum sold to United States-based companies controlled by Liu were simply aluminum extrusions that were spot-welded together to make them appear to be functional pallets, which would be finished goods not subject to the duties, according to the indictment. In reality, there were no customers for the 2.2 million pallets imported by the Liu-controlled companies between 2011 and 2014, and no pallets were ever sold.
The aluminum was imported through the Ports of Los Angeles and Long Beach and then stockpiled at four large warehouses in Southern California, all of which were purchased at Liu’s direction.
Liu and his co-defendants orchestrated the bogus sales of aluminum to Liu-controlled companies in Southern California to falsely inflate the value of China Zhongwang, according to the indictment. Liu is a major shareholder of China Zhongwang, which has been listed on the Stock Exchange of Hong Kong since a 2009 initial public offering that raised $1.26 billion.
After the AD/CVD duties were put in place in 2011, the company’s annual reports created a false narrative that there was a robust demand for the aluminum pallets in the United States, according to the indictment. The defendants allegedly inflated China Zhongwang’s sales volume and its volume of exports to the United States by engaging in transactions with entities controlled by Liu, and then falsely claimed in China Zhongwang’s annual reports that the aluminum was being sold to independent third parties, when it was actually being stockpiled by Liu-controlled entities in Southern California. Because there was no such demand for the pallets, the indictment alleges that “defendants Liu and China Zhongwang would direct that aluminum melting facilities be built and acquired to be used to reconfigure the aluminum imported as pallets into a form with commercial value.”
The indictment also alleges a massive money laundering scheme that was used by the defendants to funnel hundreds of millions of dollars through shell companies to the U.S.-based aluminum companies controlled by Liu. The funds were then transferred to China Zhongwang and the other shell companies as payments for the aluminum.
“This indictment outlines the unscrupulous and anti-competitive practices of a corrupt businessman who defrauded the United States out of $1.8 billion in tariffs due on Chinese imports,” said United States Attorney Nick Hanna. “Moreover, the bogus sales of hundreds of millions of dollars of aluminum artificially inflated the value of a publicly traded company, putting at risk investors around the world. The rampant criminality described in this case also posed a threat to American industry, livelihoods and investments.”
“The charges filed against these defendants are extremely serious,” said Joseph Macias, Special Agent in Charge for Homeland Security Investigations (HSI) Los Angeles. “Organized assistance and subsidies by foreign nations such as China have a detrimental effect on U.S. production and employment. Of greater concern, our national security is jeopardized when domestic industry loses its ability to develop and supply products for U.S. defense and critical infrastructure applications, forcing us to become dependent on unreliable imports from other countries. HSI will continue to work closely with our law enforcement partners in the U.S. and overseas to aggressively target threats to our national interest.”
The defendants named in the 24-count indictment returned under seal on May 7 are:
- Zhongtian Liu, 55, a billionaire Chinese citizen, who for a time maintained a residence in Tustin, and who is the former president and former chairman of the board of China Zhongwang;
- China Zhongwang Holdings Limited, the publicly traded aluminum company based in Liaoyang City that was the largest aluminum extrusion manufacturer in Asia and the second-largest in the world;
- Zhaohua Chen, 60, a Chinese national and close friend of Liu, who allegedly was a key player in the scheme;
- Xiang Chun Shao, also known as Johnson Shao, 58, most recently of Irvine, who managed a collection of Southern California businesses that pretended to be independent third parties importing the Chinese aluminum;
- the Ontario-based Perfectus Aluminum Inc., which was controlled by Liu and managed by Shao;
- Perfectus Aluminum Acquisitions, LLC, a subsidiary of Perfectus Aluminum formed in late 2014 to take over a string of companies that had received aluminum pallets shipped to the U.S. after the duties were imposed on Chinese aluminum in 2011; and
- four LLCs controlled by Liu that were established to purchase warehouses in Riverside, Ontario, Irvine and Fontana where the aluminum pallets were stockpiled.
At this time, none of the individual defendants named in the indictment – Liu, Chen or Shao – are believed to be in the United States.
In a separate case filed late Tuesday, an associate of Liu, Po-Chi Eric Shen, 41, of Los Angeles, was charged with failing to report to the Internal Revenue Service more than $9 million in taxable income he received in 2015. Shen has agreed to plead guilty and cooperate with the government’s ongoing investigation in this matter.
“Tariffs are a tax on imports. Importers are expected to check the tariffs and other taxes and duties due on the goods they bring in, calculate what they owe, and pay it,” stated IRS Criminal Investigation Special Agent in Charge Ryan L. Korner. “Today’s announcement reinforces our commitment to every American taxpayer to identify and prosecute those who evade taxes, including by devising illegal schemes to dodge tariffs and create an unfair trade advantage for profit.”
In September 2017, the United States Attorney’s Office filed civil forfeiture actions against the four Southern California warehouses used by Perfectus to store the pallets. In February 2018, the government filed a fifth civil forfeiture complaint against “approximately 279,808 Aluminum Structures in the Shape of Pallets,” about half of which were seized in early 2017 at the Ports of Los Angeles and Long Beach, and the other half were seized from three other warehouses Perfectus was using to store the pallets. Those civil asset forfeiture cases have been stayed pending the completion of the criminal prosecution, in which the government is seeking the criminal forfeiture of the warehouses and seized aluminum.
The indictment announced today charges all of the defendants with conspiracy, nine counts of wire fraud and seven counts of passing false and fraudulent papers through a customhouse. All of the defendants, except the warehouse entities, also face seven counts of international promotional money laundering. If they were to be convicted, the individual defendants would face a statutory maximum penalty of five years in federal prison for the conspiracy charge and up to 20 years for each of the remaining 23 counts. If the companies were to be convicted, they would face substantial monetary penalties.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and IRS Criminal Investigation.
The criminal cases are being prosecuted by Assistant United States Attorneys Eddie A. Jauregui, Poonam G. Kumar and Julian L. André of the Major Frauds Section. The asset forfeiture cases are being handled by Assistant United States Attorney Steven R. Welk, Chief of the Asset Forfeiture Section.
IndictmentDistrict Man Sentenced to Eight Years for Obstruction of Justice and Threats against a D.C. Public OfficialRead the Press Release
WASHINGTON – Brian Moore, 45, of Washington, D.C., was sentenced today to eight years in prison on two counts of obstruction of justice and two counts of threatening a D.C. public official on two separate occasions in April and June of 2018, U.S. Attorney Jessie K. Liu announced.
Moore was found guilty of these offenses on May 31, 2019, following a trial in the District of Columbia Superior Court before the Honorable Milton Lee.
According to the government’s evidence, on May 30, 2017, Moore was charged with a civil protection order violation in a D.C. Office of the Attorney General (“OAG”) contempt case (“the CPO violation case”). The complainant, R.G., was the OAG prosecutor assigned to that case.
Moore developed animosity towards R.G. after multiple contested hearings. On April 12, 2018, Moore told his lawyer, J.H., that he intended to shoot R.G. because of her role and actions in the case, during a break in proceedings. J.H. told Moore that he would not tolerate such statements and that J.H. would inform the court if Moore made such statements again, Moore informed J.H. that he was joking and agreed not to threaten R.G. again.
On June 29, 2018, following another hearing in which R.G. represented the District of Columbia in the CPO case; Moore exited the courtroom and stepped out into the hallway. Speaking with J.H. in the hallway, Moore made a statement to the effect of, “If I lose my job I’m going to bust a cap in that bitch,” referring to complainant prosecutor R.G. After J.H. ordered Moore not to make any further threats regarding R.G., Moore responded with words to the effect of, “Fuck you. Fuck her. I’m going to bust a cap in that bitch.” J.H. directed Moore back into the courtroom, informed the presiding judge about the threats that the defendant had made, and explained to the judge that he believed Moore was serious about the threats. The judge then took Moore into custody, and he was subsequently charged in the instant case.
After a three-day trial, the jury convicted Moore on each count of the indictment. At sentencing today, Judge Lee sentenced Moore to 48 months in prison for the obstruction of justice and 10 months in prison for threatening a D.C. Public Official on April 12, 2019, concurrent to one another, and 48 months in prison for the obstruction of justice and 10 months in prison for threatening a D.C. Public Official on June 29, 2018, with these offenses running concurrent to one another but consecutive to the April 12 offense.
In announcing the sentence, U.S. Attorney Liu commended the work of those who assisted the case from the U.S. Marshals Service. She also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including paralegal specialist Antoinette Sakamsa, Leif Hickling and Paul Howell from the Litigation Technology Unit, Assistant U.S. Attorney’s Lisa Gabriel, Nick Coleman, and Katherine Kelley from the Appellate Division, former Assistant U.S. Attorney Seth Gilmore who investigated and tried the case and Assistant U.S. Attorney Nicole McClain who handled the case at sentencing.
Department of Justice Begins Fourth Distribution of Funds Recovered Through Asset Forfeiture to Compensate Victims of Bernard Madoff Fraud SchemeRead the Press Release
The Department of Justice today announced that on July 31, the Madoff Victim Fund (MVF) began its fourth distribution of $469.6 million in funds forfeited to the U.S. Government in connection with the Bernard L. Madoff Investment Securities LLC (BLMIS) fraud scheme, bringing the total distributed to $2.4 billion to nearly 32,000 victims worldwide. In this distribution, payments will be sent to over 25,000 victims across the globe, bringing their total recovery to 66.85 percent. This distribution represents the fourth in a series of payments that will eventually return over $4 billion to victims as compensation for losses they suffered from the collapse of the BLMIS. The MVF has received over 65,000 petitions from victims in 136 countries.
“The upheaval and devastation wrought by Bernie Madoff’s massive fraud continue to reverberate across the United States and the globe,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “This fourth distribution of payments shows that the Department remains steadfast in its pursuit of proceeds of that fraud through civil forfeiture. Madoff’s victims, many of whom once believed they had lost everything, have now seen close to a 67 percent recovery of their loss amounts.”
“Bernie Madoff committed the largest Ponzi scheme in history,” said U.S. Attorney Geoffrey S. Berman for the Southern District of New York. “Today’s additional payment of more than $469 million by this Office represents the fourth in an on-going series of distributions that will leave victims’ with compensation for more than 65 percent of their losses. This extraordinary level of recovery represents this Office’s tireless commitment to compensating the victims who suffered as a result of Madoff’s heinous crimes.”
For decades, Bernard L. Madoff used his position as Chairman of BLMIS, the investment advisory business he founded in 1960, to steal billions from his clients. On March 12, 2009, Madoff pleaded guilty to 11 federal felonies, admitting that he had turned his wealth management business into the world’s largest Ponzi scheme, benefitting himself, his family and select members of his inner circle. On June 29, 2009, U.S. District Judge Denny Chin sentenced Madoff to serve 150 years in prison for running the largest fraudulent scheme in history. Of the approximately $4.05 billion that will be made available to victims, approximately $2.2 billion was collected as part of the historic civil forfeiture recovery from the estate of deceased Madoff investor Jeffry Picower. An additional $1.7 billion was collected as part of a Deferred Prosecution Agreement with JPMorgan Chase Bank N.A. and civilly forfeited in a parallel action. The remaining funds were collected through a civil forfeiture action against investor Carl Shapiro and his family, and from civil and criminal forfeiture actions against Bernard L. Madoff, Peter B. Madoff and their co-conspirators.
The MVF’s payouts would not have been possible without the extraordinary efforts of the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, the U.S. Attorney’s Office for the Southern District of New York, and the FBI in the prosecution of these crimes and the recovery of assets supporting the forfeiture in this case. The MVF is overseen by Richard Breeden, former Chairman of the U.S. Securities and Exchange Commission, in his capacity as Special Master appointed by the Department of Justice to assist in connection with the victim remission proceedings.
More information about MVF and its compensation to victims of BLMIS is available on the MVF website at www.madoffvictimfund.com, such as eligibility criteria, process updates, and frequently asked questions. Further questions may be directed to the MVF at 866-624-3670 or [email protected].
Dallas County Man Sentenced to 57 Months for Possession of a Firearm After Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Anthony Brown, a 35 year old resident of Mobile, Alabama was sentenced to 57 months of incarceration for possession of a Glock .45 caliber pistol.
On April 16, 2019, Brown entered a guilty plea in open court to a violation of the statute prohibiting a person convicted of a felony to possess a firearm. Specifically, on December 2, 2018, Selma, Alabama police officers responded to Vaughn Hospital in reference to a gunshot victim. When they arrived, they learned that there were two gunshot victims in the emergency room being treated. Both victims had gunshot wounds in their lower back area. The two victims told the police officer that they were passengers in a Chevrolet Impala being driven by Brown traveling east on Highway 90 when bullets pierced the exterior of the vehicle and hit each of them. The victims said they did not know who shot them or why they were targeted. Brown was the owner of the Impala he was driving at the time of the shootings.
Next, officers investigated Brown’s Impala. Officers were looking for bullet holes and spent bullet casings. They observed several bullet holes that were from different caliber firearms and could see blood inside the vehicle. A thorough inspection and inventory search of the Impala revealed a loaded Glock GMBH, model 21, .45 caliber pistol, in the truck of the Impala. The Glock was seized. At that time, Brown had been convicted of two felonies, namely, Assault 1st on April 5, 2013, in the Circuit Court of Dallas County, Alabama, case number CC-2011-000190 and Manslaughter on December 5, 2005, in the Circuit Court of Dallas County, Alabama, case number CC-05-49. Brown greed to forfeit any and all interest in the Glock seized from his vehicle.Officers of the Selma, AL Police Department along with special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Crow Agency woman sentenced to prison in meth-driven assault of elderly manRead the Press Release
BILLINGS—A Crow Agency woman who admitted to beating and injuring an elderly man while she was on methamphetamine was sentenced today 70 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Melissa Ann Prettypaint-Alvarado, 42, pleaded guilty in March to assault resulting in serious bodily injury.
U.S. District Judge Susan P. Watters presided.
Prosecutors said evidence showed that the Bureau of Indian Affairs police responded on Nov. 18, 2018 to an assault that occurred at a Crow Agency residence on the Crow Indian Reservation. The 77-year-old victim said Prettypaint-Alvarado got angry and attacked him while he was lying on a bed. Prettypaint-Alvarado hit the victim in the face and head, tried to strangle him with a belt, pulled out a clump of his hair and bit his hand.
The victim was taken to Billings Clinic for treatment of injuries to his face, shoulder and eye area. After the assault, the victim needed a cane to walk.
Prettypaint-Alvarado admitted to law enforcement that she is a meth user and was on meth at the time she assaulted the victim.
“Melissa Prettypaint-Alvarado’s attack on this elderly victim while she was on meth highlights the incredible violence that can result from meth abuse. Meth abuse and related violence is all too common in our communities and will not be tolerated. We will prosecute such crimes to the fullest extent of the law,” U.S. Attorney Alme said.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Credit Union Teller Admits Stealing More Than $100,000 from Elderly Account HoldersRead the Press Release
Assistant U.S. Attorney Nicholas W. Pilchak (619) 546-9709
NEWS RELEASE SUMMARY – July 31, 2019
SAN DIEGO – An Imperial Beach man admitted today to embezzling $117,305 from vulnerable older account holders at the credit union where he worked as a teller.
Samuel Davalos, Jr. pleaded guilty to one count of bank fraud during a hearing this morning before U.S. Magistrate Judge Barry M. Kurren.
Davalos, 28, was employed as a teller at Point Loma Credit Union (PLCU) from July 2017 to March 2019, according to his plea agreement. Using his account access, Davalos defrauded PLCU and its members by processing unauthorized withdrawals from members’ accounts, and creating unauthorized checks and other instruments paid to himself and his accomplices. Davalos admitted in his plea agreement to recruiting three other individuals to assist with his scheme by depositing checks drawn on his victims’ accounts.
Davalos also acknowledged that he selected his victims because of their age and vulnerability, targeting older PLCU members because he believed them less likely to notice the fraud.
In sum, Davalos stole $117,305 from four different PLCU members over a period of months. PLCU reimbursed all of the members for their losses. Davalos has agreed to pay restitution to PLCU for its losses, and to forfeit the contents of two frozen PLCU accounts, which hold a portion of his ill-gotten gains.
“This defendant used his position of trust to exploit elderly victims because he believed they would be easy to fool,” said U.S. Attorney Robert Brewer. “But this office was not fooled. We are dedicated to protecting the community from fraudsters and the defendant will pay a price for taking advantage of these seniors.”
“The Secret Service San Diego Field Office is committed to aggressively investigating financial crimes cases, especially those that target our most vulnerable citizens,” said Special Agent in Charge James E. Anderson Jr. – U.S. Secret Service San Diego Field Office. “I would like to thank the San Diego Police Department and Customs and Border Protection for their partnership and cooperation in this case.”
Davalos is scheduled to be sentenced on November 12, 2019 at 9:00 a.m., before U.S. District Judge Larry Alan Burns.
DEFENDANT Case Number 19-cr-2267-LAB
Samuel Davalos, Jr. Imperial Beach, CA Age: 28
SUMMARY OF CHARGES
Bank Fraud – Title 18, U.S.C., Section 1344
Maximum penalty: Thirty years in prison, $1 million fine (or twice the pecuniary gain or loss), restitution and forfeiture.
AGENCIES
U.S. Secret Service
Covington Man Sentenced to 75 Months for Being a Convicted Felon in Possession of a Stolen Firearm Taken in Auto Burglary of a Tipton County Sheriff’s Patrol VehicleRead the Press Release
Memphis, TN –Davoris Polk, 26, has been sentenced to 75 months for being a convicted felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on February 26, 2018, law enforcement with the Covington Police Department responded to the burglary of a marked Tipton County Sheriff's Office vehicle parked at a deputy’s residence in the 100 block of North Maple Street in Covington, TN. As a result of the burglary, the patrol vehicle sustained extensive damage to multiple windows and the interior of the vehicle. During the burglary, a Bushmaster .223-5.56 caliber AR-15 patrol rifle and a Remington Model 870 12-gauge shotgun were stolen. The gun locker which secured the weapons had been destroyed along with the other parts of the unit’s interior. In addition to the vehicle being locked and the weapons being properly secured inside a gun locker, the patrol vehicle was also being actively monitored by a video surveillance system which captured the burglary and theft. The Remington 870 12 gauge shotgun was later recovered during a canvass and search of the area.
The Tipton County Sheriff’s Office identified Polk as the suspect responsible for the auto burglary and theft, and on March 1, 2018, officers located Polk at the Budget Inn on Highway 51 North in Covington, where he was placed under arrest and taken into custody. Polk confessed to the crimes and arranged for the stolen patrol rifle to be returned. Prior to the offense, Polk had been convicted of the felony offenses of Aggravated Burglary and Burglary of a Vehicle, as well as multiple misdemeanor offenses.
On March 21, 2019, the defendant pled guilty to being a felon in possession of a stolen firearm. On July 30, 2019, U.S. District Court Judge Thomas L. Parker sentenced Polk to 75 months imprisonment followed by 3 years supervised release.
U.S. Attorney D. Michael Dunavant said: "Any person who is audacious and brazen enough to target a law enforcement vehicle to commit theft of police firearms is a dangerous offender who has no regard for the law or public safety, and has no respect for law enforcement. Mr. Polk has dedicated his short adult life to felony crimes of burglary, theft, and dishonesty, and will now pay the price for this disturbing crime. Any attack against law enforcement is an attack against the very fabric of our society, and we will not tolerate this lawlessness that endangers our citizens."
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Covington Police Department, and the Tipton County Sheriff’s Office investigated this case.
Assistant U.S. Attorney Neal Oldham prosecuted this case on behalf of the government.
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Convicted Felon Sentenced for Illegally Possessing FirearmRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to nearly five years in prison for his second conviction of being a felon in possession of a firearm.
“With over 30 criminal convictions, Johnson has shown total disregard towards our justice system,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “A convicted felon possessing a loaded gun and drugs is a deadly combination for communities across the Eastern District. Along with our law enforcement partners, we are 100 percent committed to pursuing criminals like Johnson who present a serious danger to the safety of our communities.”
According to court documents, Devonte Johnson, 28, was approached by law enforcement officers on a public sidewalk in Gilpin Court around 2:00 a.m. in January. When one of the officers noticed a bulge in Johnson’s waistband, Johnson turned away and soon thereafter fled from the officers. While fleeing, Johnson reached into his waistband for a loaded .22 caliber semiautomatic pistol, which was later recovered by law enforcement and found to be fully loaded with ammunition. After arresting Johnson, officers searched him for contraband, ultimately recovering crack cocaine and heroin. Johnson was previously convicted in Richmond Circuit Court for possessing a firearm after being convicted of a violent felony.
"This case is a great example of the partnership between local, state and federal law enforcement,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office. “The Richmond Violent Crime Initiative, led by the United States Attorney’s Office (USAO), has prioritized violent crime reduction in our city. The FBI is grateful for the partnership with the USAO, as well as with the Bureau of Alcohol, Tobacco and Firearms, the Drug Enforcement Administration, and the City of Richmond Police Department that led to the successful federal prosecution of a convicted felon in possession of a firearm."
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, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorney Kenneth Simon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-49.
Collier County Man Sentenced to 15 Years for Production of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced McEndy Alce (33, Immokalee) to 15 years in federal prison for production of child pornography. The court also ordered Alce to forfeit two iPhones and an iPod Touch that had been used to facilitate the offense.
Alce had pleaded guilty on April 30, 2019.
According to court documents, on November 18, 2015, Alce, using the email address [email protected], contacted a 16-year-old girl in California on her iPhone via iMessage. Alce informed the girl that he had hacked her account and instructed her to go to her Twitter account, where she discovered that nude photographs of herself, which had been stored on her phone, had indeed been posted to her Twitter account. Alce told the girl that he had just started posting the photos of her on her Twitter account and, he told her to log onto a video chat site and to change her clothes in front of the webcam. Alce then instructed the girl to log onto Skype, where he told her to remove her clothes for the Skype camera. He positioned her on a bed, and instructed her to remain there until he was finished. Alce told the victim to do what he said, and that, if she did, she would never hear from him again. The girl exposed herself to the webcam, as Alce instructed, until he sent her a message advising that he was done.
After the victim reported Alce to law enforcement, FBI agents located him in Immokalee. On May 3, 2016, a search warrant was executed at Alce’s home where he admitted to creating the email address that he had used to contact the victim. He also admitted to scamming multiple people online to get their passwords, including his victim in this case. Alce said that he duped the girl into giving him the password for her email address, and he admitted that he had communicated with the girl on Skype. Alce also admitted that he had tricked the minor, and that a video of the session with the girl could be on the hard drive of his laptop.
The forensic analysis of Alce’s iPhones and iPod Touch revealed messages in which he portrayed himself to be a member of the Snapchat security team, a member of the SKYPE security team, or a member with YOUNOW. The messages read “someone has attempted to change the password on your account,” and the individual was instructed to reply with her password “to disallow the change password to become active.”
This case was investigated by the Federal Bureau of Investigation Innocent Images Task Force, which includes Charlotte County Sheriff’s Office, and with assistance from the FBI Office in Sacramento, California. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Cabell County Man Sentenced for Possessing Child PornographyRead the Press Release
HUNTINGTON, W.Va. – A 68-year-old Cabell County was sentenced after pleading guilty to possession of over 150 images of child pornography, announced United States Attorney Mike Stuart. Lanny Neece, of Huntington, was sentenced to 18 months in prison by United States District Judge Robert C. Chambers. After Neece is released from prison, he will be on supervised release for five years, and will also be required to register as a sex offender.
“Our children are a priority and need protected from predators like this,” said United States Attorney Mike Stuart. “Those who sexually exploit our children should know this – we’re coming for you.”
Neece admitted that on November 9, 2016, he possessed images of prepubescent minors engaged in sexual acts. The collection of child pornography images was contained on a computer that Neece used in Huntington, West Virginia.
The Cleveland Resident Agency Office of the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald and First Assistant Lisa G. Johnston handled the prosecution.
This case is being brought as part of U.S. Attorney Stuart’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia. This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Buffalo Man Going to Prison for 10 Years for Selling Heroin and Possessing A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. U.S. Attorney James P. Kennedy, Jr. announced today that Jose O. Felix, 38, of Buffalo, NY, who was convicted of possession with intent to distribute 100 grams or more of heroin, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 123 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who handled the case, stated that on July 11, 2018, the DEA conducted a controlled purchase of heroin from the defendant. On July 19, 2018, a federal search warrant was executed at Felix’s residence at the Marine Drive Apartments in Buffalo. During the search, investigators recovered quantities of controlled substances, four firearms, ammunition, and $192,614 in U.S. currency, along with multiple drug ledger notebooks, cutting agents, and a money counter.
The defendant will also forfeit $192,614 in drug proceeds, firearms, ammunition, and jewelry valued at $34,900. U.S. Attorney Kennedy further stated that, “beyond securing a sentence which puts defendant out of business—and out of the community—for the next 10 years, our use of the forfeiture process allowed us not only to defund a drug dealer but also to use his ill-gotten gains to fund law enforcement’s efforts to catch others like him who continue to purvey this poison in our District.”
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Britton Woman Sentenced on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Britton, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on July 30, 2019, by U.S. District Judge Roberto A. Lange.
Sheri Lynn Rademacher, a/k/a Sherri Lynn Whiting, age 44, was sentenced to 1 month in federal prison, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Rademacher was indicted by a federal grand jury on December 11, 2018. She pled guilty on May 9, 2019.
The conviction stemmed from an incident that occurred on June 6, 2018, wherein Rademacher knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine. Further, Rademacher being an unlawful user of and addicted to a controlled substance, did knowingly possess a firearm.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Rademacher was immediately turned over to the custody of the U.S. Marshals Service.
Bevan Cooney Sentenced to 30 Months in Prison for the Fraudulent Issuance and Sale of More Than $60 Million of Tribal BondsRead the Press Release
Audrey Strauss, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced that BEVAN COONEY was sentenced today by the U.S. District Judge Ronnie Abrams to 30 months in prison for defrauding a Native American tribal entity and various investment advisory clients of tens of millions of dollars in connection with the issuance of bonds by the tribal entity and the subsequent sale of those bonds through fraudulent and deceptive means.
Ms. Strauss said: “Bevan Cooney was part of a conspiracy that orchestrated a complex and corrupt scheme to defraud a Native American community and the clients of two asset management firms. Today he learned the cost of committing those crimes. This Office is committed to protecting the investing public by appropriately prosecuting market predators.”
According to the allegations in the charging documents and statements made in court proceedings:
From March 2014 through April 2016, COONEY, John Galanis, Jason Galanis, Gary Hirst, Michelle Morton, Hugh Dunkerley, and others engaged in a fraudulent scheme that involved (a) causing the Wakpamni Lake Community Corporation (“WLCC”), a Native American tribal entity, to issue a series of bonds (the “Tribal Bonds”) through lies and misrepresentations; (b) deceptively causing clients of asset management firms controlled by Hirst, Morton, and others to purchase the Tribal Bonds, which the clients were then unable to redeem or sell because the bonds were illiquid and lacked a ready secondary market; and (c) misappropriating the proceeds resulting from those bond sales.
The WLCC was convinced to issue the Tribal Bonds through false and fraudulent representations by John Galanis. Simultaneously, Jason Galanis, with the backing of COONEY and others, worked to acquire Hughes Capital Management (“Hughes”), a registered investment adviser. Morton and Hirst were installed as Hughes’s chief executive officer and chief investment officer, respectively. Within weeks of taking control of Hughes, Morton and Hirst placed the entire $28 million first series of Tribal Bonds with Hughes clients but failed to disclose material facts about the Tribal Bonds, including the fact that the Tribal Bonds fell outside the investment parameters set forth in the investment advisory contracts of certain Hughes clients. In addition, Hughes’s clients were not told about substantial conflicts of interest with respect to the issuance and placement of the Tribal Bonds before the Tribal Bonds were purchased on these clients’ behalf.
The defendants and their co-conspirators then misappropriated the proceeds of first Tribal Bond issuance. Specifically, although the Tribal Bonds were supposed to be invested in an annuity, Dunkerley, at the direction of Jason Galanis, transferred significant amounts of the bond proceeds to support the defendants’ business and personal interests. John Galanis, for example, secretly received $2.35 million in proceeds of the first bond issuance, which he spent on a variety of personal expenses and luxury items, including cars, jewelry, and hotel expenses. Similarly, Jason Galanis used a portion of the proceeds of the first Tribal Bond issuance to finance the purchase of a $10 million luxury apartment in Tribeca.
In addition, after John Galanis induced the WLCC to issue a second round of Tribal Bonds, COONEY and others used $20 million of bond proceeds from the first issuance to buy the entirety of the second issuance. As a result of the use of recycled proceeds to purchase additional issuances of Tribal Bonds, the face amount of Tribal Bonds outstanding increased and the amount of interest payable by the WLCC increased, but the actual bond proceeds available for investment on behalf of the WLCC did not increase. The bonds purchased by COONEY and others were then used to meet net capital requirements at two broker dealers in which COONEY and others had interests. COONEY also obtained a $1.2 million loan based on his purported ownership of the bonds, which he subsequently failed to repay. In addition, millions of dollars in bond proceeds from the first and second issuances were used finance the acquisition of companies that the defendants and their co-conspirators acquired as part of a strategy to build a financial services conglomerate.
In the spring of 2015, John Galanis induced the WLCC to issue an additional $16 million worth of Tribal Bonds. Simultaneously, Jason Galanis and others purchased a second investment adviser, Atlantic Asset Management (“Atlantic”), and installed Morton as the chief executive officer. Within days of obtaining control of Atlantic, Morton placed the entirety of the $16 million Tribal Bond issuance with an Atlantic client, without the client’s consent and without disclosing the fact that the Tribal Bonds were outside the client’s investment parameters and that numerous conflicts of interest existed. The proceeds of the $16 million issuance were again not invested in an annuity as promised, but instead were diverted to, among other things, finance the defendants’ acquisition of another company in furtherance of their plan to build a financial services conglomerate, to pay $75,000 to COONEY, and make payments to one of the broker dealers in which COONEY and others had interests.
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In addition to the prison term, COONEY, 46, was sentenced to three years of supervised release. COONEY was also ordered to forfeit $9,527,000 and to make restitution in the amount of $43,785,176.
Jason Galanis, who pled guilty to conspiracy to commit securities fraud, securities fraud, and investment adviser fraud, was sentenced to a term of 173 months in prison on August 11, 2017. Gary Hirst, who pled guilty to securities fraud, conspiracy to commit securities fraud, investment adviser fraud, and conspiracy to commit investment adviser fraud, was sentenced to 84 months in prison on September 7, 2018. John Galanis, who was convicted after trial of securities fraud and conspiracy to commit securities fraud, was sentenced to 120 months in prison on March 8, 2019. Michelle Morton, who pled guilty to conspiracy to commit securities fraud and investment adviser fraud, is awaiting sentencing. Hugh Dunkerley, who pled guilty to conspiracy to commit securities fraud, two counts of securities fraud, bankruptcy fraud, and falsification of records with the intent to obstruct a government investigation, is also awaiting sentencing.
Ms. Strauss praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Rebecca Mermelstein, Brendan F. Quigley, and Negar Tekeei are in charge of the prosecution.
Berlin Man Pleads Guilty to Possession of a Prohibited Object in PrisonRead the Press Release
CONCORD - Derkwon Johnson, 19, of Berlin, pleaded guilty in federal court on July 30, 2019, to possession of a prohibited object in prison, United States Attorney Scott W. Murray announced.
According to court documents and statements made in court, on March 1, 2019, Johnson was an inmate at FCI-Berlin, New Hampshire. Officers found a shank in Johnson’s possession. The weapon was approximately 5.5 inches in length. Inmates are prohibited from possessing weapons in prison.
Johnson is scheduled to be sentenced on November 13, 2019.
“In order to maintain the safety of inmates and prison staff, we will aggressively prosecute inmates who possess or use weapons at FCI-Berlin,” said U.S. Attorney Murray.
This matter was investigated by the Bureau of Prisons - FCI-Berlin. The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski.
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Auburn Man Sentenced to 2½ Years for Being a Felon in Possession of a FirearmRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Demetrius Davenport, 31, of Auburn, was sentenced today in U.S. District Court by Judge Nancy Torresen to 2½ years in prison and three years of supervised release for possessing a firearm after having been convicted of felony offenses. Davenport pled guilty to the charge on March 11, 2019.
According to court records, on June 24, 2018, Davenport travelled to Gray, Maine, where he rented a firearm, purchased ammunition, and fired the weapon at a shooting range. Investigators identified Davenport and the shooting range from a video that was uploaded to YouTube. Davenport was prohibited from possessing firearms as a result of his two prior felony convictions for illegal possession of firearms and unauthorized taking or transfer.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lewiston Police Department.
Ansonia Man Pleads Guilty to Fentanyl and Crack Distribution ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that KENTWAN ROBINSON, also known as Thomas Robinson, 26, of Ansonia, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to fentanyl and crack cocaine distribution offenses.
According to court documents and statements made in court, in November 2018, the Drug Enforcement Administration received information that Robinson was distributing fentanyl in the Bridgeport area. On three occasions between November 2018 and January 2019, investigators conducted controlled purchases of fentanyl from Robinson at various locations. During one of the transactions, Robinson also sold a quantity of crack cocaine.
Robinson was arrested at his Ansonia residence on February 6, 2019. At the time of his arrest, he possessed approximately 10 grams of fentanyl that he intended to distribute and approximately $1,800 in cash.
Robinson pleaded guilty to two counts of distribution of fentanyl, one count of distribution of fentanyl and cocaine base (“crack”), and one count of possession with intent to distribute fentanyl. Judge Arterton scheduled sentencing for October 23, 2019, at which time Robinson faces a maximum term of imprisonment of 20 years on each count.
Robinson has been detained since his arrest.
This matter has been investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force and the Bridgeport Police Department. The Task Force includes personnel from the DEA, Connecticut State Police and Norwalk, Stamford, Stratford, Milford, Bridgeport and Trumbull Police Departments. The case is being prosecuted by Assistant U.S. Attorney Joseph Vizcarrondo.
Anchorage Doctor Pleads Guilty for Prescribing Medically Unnecessary Opioids in Health Care Fraud SchemeRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Michael Don Robertson, 67, an Anchorage physician, pleaded guilty today before U.S. District Judge Sharon L. Gleason, to one count of conspiracy to commit controlled substance fraud and one count of health care fraud. Robertson knowingly and intentionally distributed controlled substances outside the usual course of professional practice and without a legitimate medical purpose.
According to court documents, from May 2015 to March 2018, Robertson issued 465 prescriptions of meperidine to 30 different recipients, totaling 32,109 meperidine pills, knowing that the recipients did not truly need the medication for a legitimate medical purpose. The investigation revealed that Robertson issued the meperidine prescriptions as part of a conspiracy in which the recipients filled the meperidine prescriptions and, then, distributed the meperidine to Robertson. In exchange for the recipients diverting the meperidine to Robertson, Robertson provided prescriptions for controlled substances, including fentanyl and oxycodone, to the recipients. Meperidine, commonly known as Demerol, is a Schedule II controlled substance, and is an opioid with an abuse liability similar to morphine.
The investigation further revealed that Robertson failed to make and preserve accurate records regarding approximately 790 prescriptions for controlled substances, and failed to keep any medical records whatsoever regarding five patients to whom he wrote prescriptions for controlled substances. In a scheme to obtain money from Medicaid, Robertson caused claims to be submitted to Medicaid regarding these 790 prescriptions, resulting in Medicaid paying $3,286.87 to Robertson’s medical practice. Further, Medicaid paid $3,601.52 to pharmacies for these 790 controlled substance prescriptions.
“The diversion of prescription drugs is a significant cause of the opioid crisis,” said U.S. Attorney Schroder. “It is especially disappointing when the pills are diverted from appropriate medical use by physicians – those we trust to protect the health of the public. The U.S. Attorney’s Office, along with our partners in the DEA, will do our job to protect the public by investigating and prosecuting all violators.”
The sentencing hearing has been scheduled for Oct. 25, 2019, in Anchorage. Robertson faces a maximum sentence of up to 10 years in prison and a fine of up to $250,000, or both, on the charges. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
The U.S. Drug Enforcement Administration (DEA), the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG), the State of Alaska Medicaid Fraud Control Unit (MFCU), and the Federal Bureau of Investigation (FBI) conducted the investigation leading to the charges in this case. This case is being prosecuted by Assistant U.S. Attorney Jonas M. Walker.
Tuesday 30 July 2019
Woman Pleads Guilty to Possessing with Intent to Distribute FentanylRead the Press Release
NORFOLK, Va. – A New Jersey woman pleaded guilty today to possessing with intent to distribute 400 grams or more of fentanyl.
According to court documents, Antonella Maria Barba, 32, of Point Pleasant, was parked in downtown Norfolk at approximately 11:05 p.m. in October 2018, when she was approached by law enforcement. A dog handler screened Barba’s rental vehicle with a drug dog, which alerted on the vehicle. The canine officer searched Barba’s rental vehicle and discovered a closed shoebox in plain view on the front passenger floorboard. The officer opened the shoebox and discovered a plastic bag containing a large quantity of a white, rock-like substance. Barba subsequently admitted she had landed at Washington-Dulles at around 4:00 p.m. on a flight from Los Angeles, and that she rented a car there and drove to Norfolk. The substance seized from Barba’s rental car was submitted to the U.S. Customs and Border Protection Savannah Laboratory for forensic analysis, where a forensic scientist determined the substance to be fentanyl, a Schedule II controlled substance, with a total weight of 830.9 grams.
Barba faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison when sentenced on November 21. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, Col. K.L. Wright, Chief of Chesapeake Police, and Angela Greene, Chief of Portsmouth Police, made the announcement after U.S. Magistrate Judge Robert J. Krask accepted the plea. Assistant U.S. Attorney Darryl J. Mitchell 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-158-2.
Wisconsin Man Pleads Guilty to Identity TheftRead the Press Release
St. Louis MO --- Christopher Crivolio, 47, of Sun Prairie, Wisconsin, pled guilty today to one count of identity theft. Crivolio appeared before United States District Judge John A. Ross. Sentencing is scheduled for November 7, 2019.
In or about August of 2018, Christopher Crivolio, sent unauthorized emails purporting to be from an employee of Mantality Health in the Eastern District of Missouri. Crivolio had previously been employed with and terminated from Mantality Health. Without the authorization of his former employer, Mantality Health, Crivolio used the name of a current employee to send emails to numerous job applicants who had applied for positions at Mantality Health. The emails purported to reject the applicants stating, “Thank you for your interest in careers at Mantality Health. Unfortunately we do not consider candidates that have suggestive “ghetto” names. We wish the best in your career search.” Crivolio signed the emails in the name of a nurse practitioner who still worked at Mantality Health.
After the emails were sent, multiple news outlets reported on the story of the offensive rejection emails, and the employee and Mantality Health began to receive comments on social media and harassing telephone calls. Personal information regarding the employee was posted on social media, which caused the employee to temporarily relocate. At no point in time had the employee, or anyone at Mantality Health, authorized Crivolio to use the employee’s identity or to send the communications purporting to be on behalf of Mantality Health.
Crivolio faces up to five years’ imprisonment and a fine of $250,000 along with a forfeiture allegation for identity theft. In determining the actual sentence, a Judge is required to consider the U.S. Sentencing Guidelines, which provides recommended sentencing ranges.
The case was investigated by the F.B.I. offices in St. Louis and Milwaukee with assistance from the Western District of Wisconsin.
“Identity theft not only affects individuals when their personal information is stolen,” said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. “In this case, Chris Crivolio assumed the identity of a former co-worker to falsely represent the company in responding to job applicants with the intent to destroy the company’s reputation.”
AUSA Gwendolyn Carroll is handling the case for the U.S. Attorney’s Office.
Wellington Couple Pleads Guilty to Conspiracy to Commit Theft of Government Funds and Aggravated Identity TheftRead the Press Release
Orlando, Florida – Billy Altidor (28, Wellington) and Evanie Louis (27, Wellington) have pleaded guilty to conspiracy to commit theft of government funds and aggravated identity theft. Each faces a maximum penalty of five years in federal prison on the conspiracy charge, and a consecutive mandatory minimum of two years’ imprisonment, on the aggravated identity theft charge. A sentencing date has not yet been set.
According to the plea agreement, Altidor, Louis, and their co-conspirators used stolen personally identifiable information (PII) to access the “My Social Security” (MySSA) online portal and redirect Social Security benefit payments to accounts controlled by the conspirators. The conspirators accessed or attempted to access MySSA accounts belonging to over 1,400 different individuals, without the victims’ knowledge or authorization.
Louis, Altidor, and their co-conspirators also used stolen PII to file false tax returns and directed the fraudulently obtained tax refunds into accounts controlled by the conspirators. In addition, they used stolen identities to activate debit cards and bank accounts to receive the fraudulent tax refunds.
This case was investigated by the Social Security Administration – Office of the Inspector General, the Internal Revenue Service – Criminal Investigation, and the Department of the Treasury – Office of the Inspector General. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Violent Shooter Sentenced to 204 Months ImprisonmentRead the Press Release
Memphis, TN – Travis Sanders, 40, has been sentenced to 204 months imprisonment as a convicted felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on January 23, 2018, Sanders and a male victim were involved in a verbal altercation near Latham Avenue and Lucy Street, when Sanders threatened to kill the victim. Sanders then asked an unknown male to bring him his gun. The unknown male brought a gun to Sanders and he fired shots at the victim. The victim ran away to a nearby MLGW employee working in the area who drove him away from the scene. The MLGW employee called police and the victim escaped uninjured.
Memphis Police responded to the scene and recovered an Intratec 9mm caliber pistol from an abandoned apartment across the street. The firearm was loaded with five rounds in the magazine and one round in the chamber. This was the same firearm described by the victim. Officers also recovered three 9mm spent shell casings on the scene.
While Sanders was in custody at the Shelby County Jail, he attempted to get others to dissuade the shooting victim from coming to court for the state court proceedings.
The defendant’s lengthy prior criminal history includes: two convictions for aggravated assault; one conviction for coercion of a witness; one conviction for possession of cocaine with the intent to sell; one conviction for being felon in possession of a firearm, and multiple misdemeanor convictions. As a result of these prior felony convictions, Sanders was determined by the Court to be an Armed Career Criminal, and subject to a mandatory minimum sentence of 15 years in federal prison.
U.S. Attorney D.Michael Dunavant said, "This is precisely the type of violent gun offender that threatens lives and public safety in Memphis. This brazen and recidivist violent behavior must be met with swift and significant punishment. As a result of this conviction and 17 year sentence, the citizens of Memphis and West Tennessee are safer. Gun Crime is Max Time."
On January 18, 2019, the defendant pled guilty to being a convicted felon in possession of a firearm. On July 29, 2019, U.S. District Court Judge Thomas L. Parker sentenced Sanders to 204 months in federal prison followed by 5 years supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Memphis Police Department investigated this case.
U.S. Attorney Marques Young prosecuted this case on behalf of the government.
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U.S. Postal Service Employee Pleads Guilty to EmbezzlementRead the Press Release
BOSTON – A U.S. Postal Service (USPS) employee pleaded guilty today to embezzling over $20,000 in payments from customers for money orders and stamps.
Austin Correia, 22, of New Bedford, pleaded guilty to one count of theft of embezzlement and theft of public money, property or records. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Nov. 20, 2019. In June 2019, Correia was charged by indictment and arrested.
Correia began working for USPS at the end of 2017 as a Sales & Service Distribution Associate at both the Mount Pleasant and Coffin Station Post Offices in New Bedford. In this role, Correia had the ability to issue foreign and domestic postal money orders and sell stamps to customers. Correia engaged in a scheme in which he received a cash payment from customers to purchase stamps or money orders, but voided out the valid transactions to make it appear as if they did not occur. Correia provided the customer with the USPS product, but took the cash payment for his own personal use either by pocketing the money or by purchasing gift cards sold at the Post Office. In total, Correia embezzled over $20,000 from USPS.
The charging statute provides a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. According to the terms of the plea agreement, the government will recommend a sentence of two years of probation with the first six months to be served in home confinement, 25 hours of community service and restitution in the amount of $20,584. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office, made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
U.S. Attorney Charges Monroe Prior Sex Felon with Transporting A Minor to West Virginia for Criminal Sexual Activity and with Possession of A GunRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the arrest of EDUARDO TALENTINO. TALENTINO is charged with transporting a minor from Monroe, New York, to West Virginia with the intent to engage in criminal sexual activity with the minor. TALENTINO, who was convicted of Rape of a Child in 1997 in Massachusetts, is also charged with being a felon in possession of a firearm. TALENTINO was arrested yesterday and was presented today before U.S. Magistrate Judge Judith McCarthy in White Plains federal court and was detained without bail.
Manhattan U.S. Attorney Geoffrey S. Berman said: “This case underlines the urgent need for law enforcement to continue its efforts to protect children from those who prey on them. As today’s arrest shows, we will use every tool available to law enforcement to investigate and prosecute those who allegedly sexually exploit children.”
FBI Assistant Director William F. Sweeney Jr. said: “As alleged, Talentino sexually abused a minor child, one who had been entrusted to his care, in the most horrifying way imaginable. While today's arrest certainly isn't his first run-in with the law, it is the first time he's been charged with a federal crime – one that carries a maximum sentence of life in prison. There's no excuse for this type of behavior. The FBI is asking victims in this and all cases to come forward with information that could help put child sexual predators behind bars. The number to call is 1-800-CALL-FBI.”
According to the Complaint[1] unsealed today in White Plains federal court:
From in or about June 22, 2018, to June 25, 2018, TALENTINO transported a 16-year-old minor (“Victim-1”) from Monroe, New York, to West Virginia, where he engaged, and attempted to engage, in illegal sexual activity with Victim-1.
From in or about August 2018 up to and including in or about February 2019, TALENTINO possessed a Colt Pocket Positive .32 caliber revolver at his home in Monroe, New York.
On or about February 8, 2019, TALENTINO was arrested and charged in Orange County with unauthorized practice of a profession.
In or about August 1997, TALENTINO was convicted in Massachusetts of Rape of a Child, a felony, and sentenced to a prison term of four years and one day.
If you have information to report, please contact the Federal Bureau of Investigation at 800-CALL-FBI.
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TALENTINO, 54, of Monroe, New York, is charged with one count of transporting a minor with intent to engage in criminal sexual activity, which carries a minimum sentence of 10 years in prison and a maximum sentence of life in prison. The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the efforts of the FBI, the Orange County District Attorney’s Office, the New York State Police, the Orange County Child Abuse Unit, Orange County Child Protective Services, and the Orange County Sheriff’s Office in connection with this investigation. Mr. Berman also thanked the Sullivan County District Attorney’s Office for their assistance. He added that the investigation is ongoing.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney Marcia S. Cohen is in charge of the prosecution.
[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.
Two Former Auburn Bank Employees Plead Guilty to Embezzling FundsRead the Press Release
Montgomery, AL – Two people have pleaded guilty for their involvement in an embezzlement scheme involving Auburn Bank in Notasulga, Alabama, announced Louis V. Franklin, Sr., U.S Attorney for the Middle District of Alabama.
Randi Lynn Carleton, 39, of Dadeville, Alabama, pleaded guilty today to embezzling bank funds, and Leslie Fountain, 34, of Notasulga, Alabama, entered a guilty plea on July 11, 2019 to the same charge. Both defendants worked at the Notasulga branch of Auburn Bank where Carleton was the branch manager and Fountain was the assistant branch manager. The scheme started with check kiting, or floating checks, and then progressed over time to embezzling cash from Auburn Bank. In September 2018, Auburn Bank conducted an audit on their Notasulga Branch and became aware of the defendants’ fraudulent activity despite their attempts to cover-up the scheme. Court records indicate that they jointly embezzled approximately $379,250 in cash.
Carleton and Fountain each face a maximum prison sentence of 30 years as well as significant fines and restitution for the amount stolen. There is no parole in the federal system. The defendants will be sentenced within the next few months.
U.S. Attorney Louis V. Franklin, Sr. would like to thank the Federal Bureau of Investigation (FBI) for their assistance in this case. This case is being prosecuted by Assistant United States Attorneys Bradley Bodiford and Eric Counts.
Two Duluth Men Sentenced to Prison for Sex Trafficking A 15-Year-OldRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of ANDRE MATHIS, JR., a/k/a Isaac Brown, 33, AMOS KIPROP KOECH, 44, for sex trafficking a 15-year-old minor. MATHIS, who pleaded guilty on January 10, 2019, was sentenced to 292 months in prison. KOECH, who was convicted by a federal jury on January 22, 2019, was sentenced to 130 months in prison. Both defendants were sentenced yesterday before Senior Judge Donovan W. Frank in U.S. District Court in Duluth, Minnesota.
“The significant prison sentences handed down are a just punishment for the heinous crimes these individuals committed against a vulnerable young girl,” said U.S. Attorney Erica MacDonald. “This is a sad, but very real, example of how child sex trafficking can occur in any city or community. My office, the St. Louis County Attorney’s Office, and our law enforcement partners are committed to rooting out this type of predatory conduct.”
According to evidence presented at trial and admissions made as part of MATHIS’s guilty plea, from June 17 through July 7, 2017, MATHIS recruited and solicited a 15-year-old minor to engage in commercial sex. MATHIS physically and sexually abused the minor, he provided her with street drugs and alcohol, told her how she could make money in exchange for sex, and promised her clothes and a better life. MATHIS took sexually suggestive photographs of the minor, which he used to attract prospective commercial sex buyers. MATHIS also monitored the minor’s communication with her parents and instructed her to tell them that everything was fine.
According to evidence presented at trial and admissions made as part of MATHIS’s guilty plea, MATHIS sold the minor to KOECH on one or more occasions. As part of the conspiracy to traffic the minor, MATHIS and KOECH negotiated with each other regarding the amount MATHIS would charge for a commercial sex act with the minor. The trafficking ended when law enforcement found the minor hidden in a bedroom closet while MATHIS was also present in the apartment.
MATHIS was also charged in St. Louis County with one count of first-degree criminal sexual conduct, which he pleaded guilty to as part of the global plea agreement filed with the U.S. District Court.
This case was the result of an investigation conducted by the FBI and the Duluth Police Department.
Assistant U.S. Attorney Laura M. Provinzino prosecuted the case with Special Assistant U.S. Attorney Jonathan D. Holets.
Defendant Information:
ANDRE MATHIS, JR., a/k/a Isaac Brown, 33
Duluth, Minn.
Convicted:
- Sex trafficking of a minor, 1 count
Sentenced:
- 292 months in prison
- 20 years of supervised release
- Restitution ordered – amount to be determined at a later date
AMOS KIPROP KOECH, 44
Duluth, Minn.
Convicted:
- Conspiracy to commit sex trafficking of a minor, 1 count
- Sex trafficking of a minor, 1 count
Sentenced:
- 130 months in prison
- 10 years of supervised release
- Restitution ordered – amount to be determined at a later date
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Trail, Oregon Couple Sentenced to Federal Prison for Serial Bank RobberyRead the Press Release
EUGENE, Ore.—An Oregon couple was sentenced today to federal prison for robbing six banks in four Southern Oregon counties over a two month period.
John Steven Shepard, 38, of Trail, Oregon, was sentenced to 51 months in prison and three years’ supervised release. Kimberly Ann Blank, 39, also of Trail, was sentenced to 33 months in prison and three years’ supervised release.
According to court documents, on January 27, 2017, Shepard robbed the Evergreen Bank in Rogue River, Oregon. He fled with $1,950 in a vehicle driven by Blank. During the robbery, Shepard wore a cowboy hat and a jacket, the first of many disguises.
Five days later, Shepard robbed the Key Bank in Grants Pass, Oregon wearing a wig, glasses and a hat. He left the bank with $10,145 as a security dye pack hidden in the money spewed a cloud of red smoke. A witness said it looked like a road flare had gone off in Shepard’s pocket. Again, he fled in a vehicle driven by Blank.
Between February 7 and March 30, 2017, Shepard, wearing various disguises, robbed four additional banks with Blank’s assistance: Banner Banks in Riddle and Cottage Grove Oregon, a Bank of the Cascades in Medford, Oregon, and an Umpqua Bank in Ashland, Oregon.
After their final robbery, police located Blank in a vehicle matching the description of the getaway vehicle used in previous robberies. Shepard was located nearby in a second vehicle. Both were released while police obtained search warrants for Blank’s car and the couple’s residence in Trail. On April 4, 2017, Shepard and Blank were arrested in Fortuna, California.
During sentencing, U.S. District Court Judge Ann L. Aiken ordered Shepard and Blank each to pay $31,045 in restitution. On April 17, 2019, Shepard and Blank each pleaded guilty to multiple counts of bank robbery.
This case was investigated by the FBI working together with the City of Medford, Grants Pass, Cottage Grove, Ashland and Rogue River Police Departments and the Douglas County Sheriff’s Office. It was prosecuted by Jeffrey Sweet, Assistant U.S. Attorney for the District of Oregon, working together with the Josephine and Jackson County District Attorney’s Offices.
Thirteenth Member of “Manche Boy Mafia” Sentenced to More Than Five Years for Tax and Identity Theft CrimesRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Aaron Troupe (30, Tampa) to five years and one month in federal prison for theft of government property and aggravated identity theft stemming from the filing of fraudulent tax returns using stolen identities. The court also ordered Troupe to pay $449,529.97 in restitution to the IRS.
Troupe had pleaded guilty on April 17, 2019.
According to court documents, from 2012 through 2018, Troupe, who was a member of the “Manche Boy Mafia” or “MBM” gang, engaged in stolen identity refund fraud (SIRF) and credit card fraud. In August 2016, a property cleaning service unearthed a laptop, notebooks containing personally identifiable information (PII), and firearms from the backyard of a rental property in Tampa that had been abandoned by the most recent tenants. The cleaning service turned the abandoned property over to the Tampa Police Department. Further investigation determined that one of the ledgers contained information, including fingerprints and addresses, linked to Troupe. Troupe also had debit cards issued in his name that had been loaded with fraudulently obtained federal income tax refunds.
The IRS determined that for the tax years 2011-2013, fraudulent tax returns associated with Troupe were filed claiming refunds totaling $1,295,583, which resulted in the IRS paying out refunds totaling approximately $449,529.97.
This case was investigated by the Tampa Police Department, the Internal Revenue Service – Criminal Investigation, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Summerset Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Summerset, South Dakota, man convicted of Possession of Child Pornography was sentenced on July 26, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kevin Michael Dawson, age 49, was sentenced to 4 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from Dawson downloading images of child pornography from the internet and printing them in March 2018 at Summerset.
The investigation was conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Dawson was immediately remanded to the custody of the U.S. Marshals Service.
Steuben County Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Kelly, 56, of Painted Post, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in April 2018, an undercover FBI Special Agent determined that a computer at the defendant’s address in Painted Post was sharing child pornography. A federal search warrant was executed in November 2018 during which investigators seized several of Kelly’s digital devices. A forensic analysis revealed that the devices contained approximately 251 images and five videos containing child pornography, some of which involved prepubescent minors, as well as children being subjected to violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, Corning Office, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for October 30, 2019, before Judge Wolford.
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Serial Law Enforcement Impersonator Sentenced to Ten Years for Fraud and Firearms OffensesRead the Press Release
In Austin today, a federal judge sentenced Modesto Gonzalez, III, to ten years in federal prison for defrauding numerous individuals out of more than of $300,000 by impersonating a Drug Enforcement Administration (DEA) Special Agent, announced U.S. Attorney John F. Bash and DEA Special Agent in Charge Will Glaspy, Houston Division.
In addition to the prison term, U.S. District Judge Lee Yeakel ordered that Gonzalez pay total restitution to his victims in the amount of approximately $307,000; and, be placed on supervised release for a period of three years after completing his prison term.
Court documents showed that 47-year-old Gonzalez of Caldwell County, TX, falsely told illegal aliens that he was a DEA agent and that he could assist them in obtaining immigration status in the U.S. Court filings indicate that Gonzalez victimized numerous individuals in the Austin area, as well as a group of approximately 20 individuals from the Chicago, IL, area. The illegal aliens paid Gonzalez thousands of dollars each.
Gonzalez also falsely told U.S. citizens and others lawfully present in the U.S. that he would sell them property seized by the DEA, including earth-moving equipment. Gonzalez received tens of thousands of dollars based on those fraudulent statements.
In fact, Gonzalez was not a DEA agent, had no ability to provide immigration assistance, and had no ability to sell DEA-seized equipment. Court records also showed that Gonzalez has previously been convicted twice in federal court for impersonating law enforcement, and once in state court for impersonation-based theft.
Numerous victims of Gonzalez’s fraud stated to the Court at sentencing that Gonzalez told them that they and their children would be deported if they did not pay Gonzalez thousands of dollars each. These victims also told the Court that Gonzalez later charged them for “taxes” that Gonzalez said they had to pay him.
“This prosecution is an example of how we seek justice for all victims of crime, including migrants who are in the country illegally. No one deserves to be defrauded,” stated U.S. Attorney Bash.
On March 21, 2019, Gonzalez pleaded guilty to one count of wire fraud and one count of felon in possession of a firearm. Judge Yeakel sentenced Gonzalez to ten years imprisonment on the wire fraud charge and five years imprisonment on the gun charge to run concurrently. Judge Yeakel also ordered Gonzalez to forfeit three firearms that were recovered from his home during the execution of a search warrant in January 2018. Gonzalez has remained in custody since being arrested during the search warrant execution.
DEA agents investigated this case with assistance from Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents. The Caldwell County Sheriff’s Office also provided assistance during execution of the search warrant. Assistant U.S. Attorneys Alan Buie, Gabriel Cohen, and Michael Galdo prosecuted this case on behalf of the Government.
Sacramento Man Convicted of Assaulting U.S. Postal WorkerRead the Press Release
SACRAMENTO, Calif. — On Monday, a federal jury found Morrey Selck, 55, guilty of assaulting a federal employee, U.S. Attorney McGregor W. Scott announced.
According to court documents and trial testimony, on March 17, 2017, Selck assaulted a letter carrier who was delivering mail on his assigned route. Selck sprayed him in the face with dog repellent, followed him into the street, knocking the mail and a phone from his hands. Selck then kicked those items down the street. A neighbor’s surveillance camera captured the entire incident.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office to arrest and prosecute the individual responsible for assaulting the U.S. Postal Service Letter Carrier in Sacramento. Safety of Postal Service employees is our top priority.”
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Cameron L. Desmond and Quinn Hochhalter are prosecuting the case.
Selck is scheduled to be sentenced by U.S. Magistrate Judge Carolyn K. Delaney on Dec. 2. Selck faces a maximum statutory penalty of one year in prison and a $100,000 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.
Rosebud Man Charged with Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Alvin Running Horse, Jr., age 40, was indicted on June 11, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 23, 2019, at Rosebud, Running Horse, having previously been convicted of a felony, knowingly possessed a firearm.
The charge is merely an accusation and Running Horse is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Running Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 24, 2019.
Ronceverte Man Pleads Guilty to Distributing Methamphetamine and HydromorphoneRead the Press Release
BLUEFIELD, W.Va. -- United States Attorney Mike Stuart announced today that a Ronceverte man pled guilty to a federal drug charge in Bluefield. James Broyles, 36, pled guilty to possession with intent to distribute methamphetamine and hydromorphone.
“Drug dealers are not welcome here,” said United States Attorney Mike Stuart. “Our families don’t want them. Our communities don’t want them. And our children need protected from them. We are prosecuting at record numbers and we will stay on our hurried pace until these community fiends stop, leave or are put behind bars.”
Broyles admitted that on September 23, 2017 law enforcement officers found him in possession of about 25 grams of methamphetamine and 31 hydromorphone pills when they stopped the vehicle in which he was riding in Bluefield. Broyles admitted to officers that he intended to sell the drugs. He faces up to 20 years in prison when he is sentenced on November 25, 2019.
The case was investigated by the Bluefield Police Department and the Southern West Virginia Drug and Violent Crime Task Force. Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.
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Rochester Man Pleads Guilty to Possessing Hundreds of Images and Videos of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Gerard Keller, 83, of Honeoye, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in May 2018, an undercover investigator with Homeland Security Investigations located a computer sharing child pornography from the defendant’s address in Honeoye, NY. Investigators executed a search warrant in October 2018 and seized multiple digital devices. A forensic analysis recovered more than 600 images and videos containing child pornography, some of which involved prepubescent minors, as well as children being subjected to violent conduct.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for October 9, 2019, before Judge Wolford.
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Rochester Man Going to Prison for Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Manuel Medina, 33, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to serve 46 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that between May 2018 and October 15, 2018, the defendant conspired with a co-conspirator to distribute cocaine in the Rochester area.
On numerous occasions, Medina received packages, via the United States Postal Service, that had been sent from Puerto Rico to locations in Rochester, on behalf of the co-conspirator. The packages each contained approximately 500 grams of cocaine. The defendant would pick up the packages from various locations, at the direction of the co-conspirator, and then deliver them to the co-conspirator. Also in furtherance of the conspiracy, Medina distributed a quantity of cocaine to an individual in Rochester in August 2018.In addition, the defendant assisted the co-conspirator by mailing packages containing United States currency to Puerto Rico as payment for the cocaine. On August 22, 2018, Medina and the co-conspirator purchased three electronic devices from Best Buy in which to secrete United States currency that would be mailed to Puerto Rico as payment for cocaine. That same day, the defendant shipped one of those devices, with $20,500 hidden inside, via the United States Postal Service, to Puerto Rico. That money was payment for approximately one kilogram of cocaine.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.
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Rochester Man and Woman Charged with Methamphetamine DistributionRead the Press Release
United States Attorney Erica H. MacDonald announced a federal indictment charging STEVEN ALLEN LINDQUIST, 30, and TIFFANY MARIE GAUTHIER, 24, with distribution and possession of methamphetamine. LINDQUIST was arraigned yesterday before Magistrate Judge Becky R. Thorson and ordered detained pending trial.
According to the indictment, from November 2018 through May 29, 2019, LINDQUIST and GAUTHIER conspired with each other and others to distribute more than 500 grams of methamphetamine. LINDQUIST also possessed hydrocodone, oxycodone, alprazolam, clonazepam, MDMA, and marijuana, which are all controlled substances under federal law. Law enforcement in Goodhue County seized from the defendants $17,920 in cash and approximately 55 pounds of methamphetamine from a vehicle linked to LINDQUIST.
This case is the result of an investigation conducted by the DEA, the Goodhue County Sheriff’s Office, the Olmsted County Sheriff’s Office, and other members of the Southeast Minnesota Violent Crime Enforcement Team (VCET).
Assistant U.S. Attorney Thomas M. Hollenhorst is prosecuting the case.
Defendant Information:
STEVEN ALLEN LINDQUIST, 30
Rochester, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
- Possession with intent to distribute a controlled substance, 1 count
- Possession with intent to distribute methamphetamine, 2 counts
TIFFANY MARIE GAUTHIER, 24
Rochester, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
- Possession with intent to distribute methamphetamine, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Robeson County Man Sentenced to 25 Years After String of Fayetteville RobberiesRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, Chief United States District Judge Terrence W. Boyle, sentenced Michael Devonte Hill, 26, of Robeson County to 300 months’ imprisonment, followed by 5 years of supervised release. On April 30, 2019, HILL pled guilty to five counts: three counts of Hobbs Act robbery, one count of discharging a firearm in furtherance of a crime of violence, and one count of felon in possession of a firearm.
The government’s evidence established that in July 2017, HILL robbed three Fayetteville-area convenience stores. On July 25, 2017, HILL entered the Circle K on Rosehill Road and jumped the counter while brandishing a handgun. He collected $205 from the teller and ran from the store. As he fled, he fired a round in the parking lot in an apparent attempt to scare a witness who had driven into the lot. Law enforcement recovered the spent shell casing for ballistic testing.
Three days later, on July 28, 2017, HILL and another man entered a Circle K on Yadkin Road in Fayetteville just before midnight. They robbed the store of $246 dollars. In the process, HILL struck the cashier with a firearm.
Finally, on July 30, 2017, HILL and another man robbed another Circle K, this time on Owens Drive in Fayetteville. HILL struck the clerk with a firearm and threatened to kill them, before taking off with $114. HILL’s face was covered in each robbery, but the surveillance video confirmed that he wore the same shoes and possessed the same firearm each time.
Ballistic testing revealed that the July 25 shell casing matched a Taurus 9mm handgun that had been reported stolen out of Fayetteville earlier in July. The theft victim identified HILL as the person who had taken the gun. Based on this information, officers arrested HILL, who was found to still be in possession of the same Taurus handgun.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of 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 on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative please click https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Fayetteville Police Department, the Sanford Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government.
Robert Pizarro and Juan Rivera Sentenced to Life in Prison for the Kidnapping and Murder of A Federal Cooperating WitnessRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ROBERT PIZARRO and JUAN RIVERA were sentenced today for the attempted robbery, kidnapping, and murder of federal cooperating witness Robert Bishun on September 20, 2016. PIZARRO was also sentenced for his role in an earlier 2015 robbery attempt. PIZARRO, 39, of the Bronx, received a sentence of life in prison plus 14 years. RIVERA, 42, also of the Bronx, was sentenced to life in prison plus seven years. PIZARRO and RIVERA were convicted by a jury following a twelve-day trial before U.S. District Judge Alison J. Nathan, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As the evidence at trial established, the defendants viciously kidnapped and murdered Robert Bishun because he was a federal cooperating witness. While we cannot undo the terrible acts committed by these defendants, we firmly believe that today’s sentences further the cause of justice. We thank the DEA, NYPD, and the Special Agents of our Office for their extraordinary and tireless efforts in pursuit of justice.”
According to the evidence introduced at trial:
On September 20, 2016, PIZARRO and RIVERA attempted to rob Robert Bishun at gunpoint inside his auto body shop in the Bronx, during which two customers in his shop were bound with zip ties and locked in the trunks of separate vehicles inside the shop. Upon learning during the robbery that Bishun was a federal cooperating witness, PIZARRO and RIVERA kidnapped Bishun from his shop and strangled him to death with a plastic zip tie, before abandoning Bishun’s body in the back of his own vehicle on the side of the road.
On a prior occasion, in January 2015, PIZARRO and another accomplice stormed into Bishun’s auto body shop and robbed Robert Bishun at gunpoint, taking approximately $10,000 in cash from Bishun. During the course of the robbery, two customers were bound with zip ties.
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Mr. Berman praised the investigative efforts of the Drug Enforcement Administration, the New York City Police Department, and the Special Agents of the United States Attorney’s Office for the Southern District of New York.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jason Swergold, Jessica Fender, Jared Lenow, and Margaret Graham are in charge of the prosecution.