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Friday 26 July 2019
Oakland Resident Pleads Guilty to Conducting Illegal Gambling Business in Sacramento and ElsewhereRead the Press Release
SACRAMENTO, Calif. — Eran Buhbut, 34, of Oakland, pleaded guilty today to conducting an illegal gambling business, U.S. Attorney McGregor W. Scott announced.
According to court documents, from at least September 2015 through November 2017, Buhbut conducted an illegal gambling business in concert with his co-defendants, as a part of the Gohar organization. In violation of California law, members of the Gohar organization, including Buhbut, installed and maintained video slot machines at businesses open to the public across Northern California. Buhbut and other members of the Gohar organization then split the proceeds from these illegal gambling machines with the owners of the small businesses in which the machines were installed.
According to the plea agreement, evidence seized at Buhbut’s residence included over $28,000 in cash in low dollar amounts consistent with video slot machine collections, 16 motherboards used in such machines, ledgers describing cash “in” and “out” amounts, seven different phones, and a specialized set of security keys consistent with the type of locks found on the Gohar organization’s video slot machines. The gambling business is alleged to have 500 machines across California.
This case is the product of an investigation by the Federal Bureau of Investigation and California Department of Justice – Bureau of Gambling Control. Assistant U.S. Attorneys Matthew M. Yelovich and Miriam R. Hinman are prosecuting the case.
Yaniv Gohar, 36, formerly of Berkeley; and Orel Gohar, 28, formerly of San Francisco, fled the United States upon their release in December 2017. Yaniv Gohar was extradited from Israel and faces additional charges. Orel Gohar remains at large. Anyone with information about his whereabouts should call the Federal Bureau of Investigation at (916) 746-7000. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
May Levy, 28, of Walnut Creek; Atir Dadon, 34, of Sherman Oaks; Bar Shani, 27, of San Francisco; and Adam Atari, 35, of Sherman Oaks, have pleaded guilty. Levy was sentenced to two years’ probation; Dadon was sentenced to 22 months in prison; Shani was sentenced to 20 months in prison, and Atari is scheduled to be sentenced on Aug. 30.
Raz Razla, 48, of Sherman Oaks, is charged with making false statements to the grand jury. The charge is only an allegation; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Buhbut is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on Feb. 28, 2020. Buhbut faces a maximum statutory penalty of five years in prison and a $250,000 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.
North Andover Woman Indicted for Performing Illegal Silicone InjectionsRead the Press Release
BOSTON – A federal grand jury has indicted a North Andover woman in connection with offering illegal silicone injections in exchange for money.
Gladys Araceli Ceron, 71, was indicted on four counts of delivery for pay of an adulterated or misbranded medical device received in interstate commerce with the intent to defraud or mislead. Ceron will appear before U.S. Magistrate Court Judge Donald L. Cabell on Aug. 8, 2019. Ceron was previously charged by criminal complaint on May 15, 2019.
According to the charging documents, Ceron, who operated her business in Lawrence, has been obtaining “gluteal material” from a source in Florida for over eight years. During a search executed at the source’s residence in 2016, plastic bottles of suspected cosmetic silicone fillers were sized. Lab tests subsequently confirmed that those fillers contained silicone oil, which the U.S. Food and Drug Administration warns can travel through blood vessels and cause a stroke, death or permanent disfigurement.
In 2018, a cooperating witness working with agents began making recorded phone calls to Ceron in order to arrange for buttock enhancing and facial injections. During a recorded meeting on May 24, 2018, Ceron allegedly told the cooperating witness that she charges $500 for buttock injections and $60 for each wrinkle-filling injection. A search of Ceron’s business in Lawrence in June 2018 resulted in the seizure of several bottles and syringes of a substance that tests revealed to be silicone oil. Numerous uncapped, used, syringes were also recovered from the business.
The indictment further alleges that Ceron performed illegal injections to augment the buttock or fill wrinkles of three other women in exchange for money, and that she misled her victims about her qualifications, and the identity and safety of the material that she was injecting.
Members of the public who believe they may be a victim of this crime should contact [email protected].
The charging statute provides for a sentence of up to three years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Derek Roy, Resident Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, Metro Washington Field Office; and Justin D. Green, Special Agent in Charge of the FDA’s Office of Criminal Investigations’ Miami Field Office, made the announcement. Assistant U.S. Attorney Rachel Y. Hemani of Lelling’s Health Care Fraud Unit 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.
Minnesota Farmer Sentenced to Prison for Converting USDA Farm Loan Collateral for Personal UseRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of DANIEL L. KLUENDER, 41, to a year and a day in prison and ordered to pay $880,143.01, for illegally selling hundreds of thousands of dollars in property that was pledged as collateral for a USDA-backed farm loan. KLUENDER, who pleaded guilty on March 7, 2019, was sentenced yesterday before Chief Judge John R. Tunheim in U.S. District Court in Minneapolis, Minnesota.
According to his guilty plea and documents filed in court, in May 2013, KLUENDER took out a loan in the amount of $1,302,000 from Farmers State Bank, which operates in the vicinity of Albert Lea, Minnesota. This loan was guaranteed by the Farm Service Agency (“FSA”) of the U.S. Department of Agriculture (“USDA”). Under the terms of the loan, KLUENDER was required to pledge specific items as collateral, including, among other things, crops, livestock, farm equipment, and vehicles. KLUENDER agreed that any and all proceeds from the sale of these items were obligated to be applied to his loan payments. Between 2013 and 2017, in violation of the terms of the loan, KLUENDER began selling pledged collateral without authorization or permission from the FSA. Moreover, KLUENDER retained the proceeds and diverted the funds for his personal use. In the course of committing this offense, KLUENDER also filed for Chapter 7 bankruptcy during which he testified falsely about his ownership of pledged property.
According to documents filed in court, in July 2015, Farmers State Bank began efforts to repossess collateral from KLUENDER to collect on the loan. In response to the repossession efforts, KLUENDER resorted to physical violence against a bank employee, engaged in vandalism of pledged collateral, and continued to illegally convert pledged collateral.
This case was the result of an investigation conducted by the United States Department of Agriculture-Office of Inspector General.
This case was prosecuted by Assistant U.S. Attorney Katharine T. Buzicky and Matthew S. Ebert.
Defendant Information:
DANIEL L. KLUENDER, 41
Walters, Minn.
Convicted:
- Conversion of property mortgaged or pledged to farm credit agencies, 1 count
Sentenced:
- One year and one day in prison
- Two years of supervised release
- $314,003.18 in restitution to Farmers State Bank
- $566,139.83 in restitution to the U.S. Department of Agriculture’s Farm Service Agency
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Milford Man Guilty of Marijuana Trafficking OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a jury in New Haven has found Robert Capelli, 33, of Milford, guilty of offenses related to his involvement in a large-scale marijuana trafficking conspiracy. A trial before U.S. District Judge Janet Bond Arterton began on July 22 and the jury returned a split verdict late yesterday.
According to the evidence presented during the trial and in other court proceedings, in 2016, the Federal Aviation Administration began investigating a Piper single-engine aircraft, owned by Donald Burns of Milford, that was making regular flights between Stratford, Connecticut, and northern California via the southwest United States. On June 28, 2017, Burns flew the aircraft from northern California to Lubbock, Texas. The next day, Burns flew the aircraft from Texas to Arkansas, and then to West Virginia and Connecticut, where he landed in the evening at Sikorsky Airport in Stratford. After it landed, a law enforcement search of the plane revealed approximately 400 pounds of marijuana in vacuum-sealed packages, and Burns was arrested. Investigators determined that the marijuana was intended for Capelli and others to distribute in Connecticut. Capelli and his associate, Scott Bodnar of Ansonia, were arrested later that day.
The investigation revealed that, over a period of approximately two years, Capelli and his associates earned millions of dollars by trafficking nearly two tons of marijuana from California to Connecticut. Members of the conspiracy also laundered more than $6 million to purchase marijuana in California, maintain properties for distribution in Connecticut, pay Burns to transport the marijuana, and for other expenses related to the conspiracy.
Capelli was convicted of one count of conspiracy to distribute, and to possess with intent to distribute, 100 kilograms or more of marijuana, and one count of possession with intent to distribute 100 kilograms or more of marijuana. Capelli was found not guilty of one count of conspiracy to launder monetary instruments, and one count of money laundering. Judge Arterton scheduled sentencing for October 25, 2019, at which time Capelli faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 80 years.
In addition, Capelli has forfeited approximately $90,000 to date, and additional forfeiture proceedings are pending.
On May 2, 2019, Bodnar pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, 1,000 kilograms or more of marijuana, and one count of conspiracy to launder monetary instruments. On May 3, Capelli’s associate, Terrell Givens of Beacon Falls, pleaded guilty to the same charges. On May 6, Burns pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, 1,000 kilograms or more of marijuana. In pleading guilty, the defendants also agreed to the forfeiture of cash and various items, including Burns’ Piper aircraft, a 2012 Toyota Camry belonging to Bodnar, and a 2009 Jaguar XF and approximately $8,000 in jewelry belonging to Givens.
This matter has been investigated by the Drug Enforcement Administration’s New Haven Task Force, the Federal Aviation Administration’s Law Enforcement Assistance Program (LEAP), the Customs and Border Protection’s Air and Marine Operations Center, the Internal Revenue Service – Criminal Investigation Division, the U.S. Marshals Service, the Stratford, Derby and West Haven Police Departments, and the Second Judicial Drug Task Force in Jonesboro, Arkansas.
The case is being prosecuted by Assistant U.S. Attorneys Rahul Kale and Marc Silverman.
Member of New York-Based Robbery Crew Sentenced to 25 Years in Prison for Kidnapping, Torture and Murder of VictimRead the Press Release
Earlier today, in federal court in Brooklyn, Wendell Alomar-Cabrera, a citizen of the Dominican Republic, was sentenced by United States District Judge Nicholas G. Garaufis to 25 years’ imprisonment for his role in the October 16, 2006, murder of Luis Sifuentes in Durham, North Carolina. In November 2013, Alomar-Cabrera pleaded guilty to the murder of Sifuentes, which was committed during the course of a kidnapping and robbery.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the sentence.
“Through his involvement in violent armed robberies and a murder, Alomar-Cabrera earned today’s sentence,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to use every available resource to investigate and prosecute violent criminals like this defendant.” Mr. Donoghue expressed his grateful appreciation to the Bronx County District Attorney’s Office, the United States Drug Enforcement Administration and New York City Police Department for their outstanding role leading the investigation, and thanked the New York State Police, the Durham County District Attorney’s Office and the Durham, North Carolina Police, Special Operations Division, Major Crimes Unit for their assistance.
Between May 2003 and August 2008, the robbery crew was responsible for more than 100 violent, armed robberies of narcotics traffickers along the east coast of the United States. Crew members posed as police officers to subdue narcotics traffickers and their families, and then kidnapped, tortured and robbed the victims. Alomar-Cabrera participated in approximately 15 of the robberies that netted approximately 80 kilograms of cocaine, a quantity of marijuana and multiple guns.
In 2006, Alomar-Cabrera and other members of the crew traveled from New York to North Carolina for the purpose of robbing drug traffickers. On October 16, 2006, crew members drove a vehicle equipped with lights and sirens, and executed a police-style stop of Sifuentes’ pickup truck after he left a nightclub. The crew kidnapped Sifuentes near Durham and drove him to a rented house where, for several hours, Alomar-Cabrera and other crew members beat Sifuentes with their fists and a wooden stick, pushed his head under water in a bathtub and burned him with a hot knife in an effort to learn the location of the victim’s drugs and drug money. Several hours later, crew members carried Sifuentes outside, put him in his truck and shot him twice, killing him. Alomar-Cabrera then poured gasoline throughout the truck and set it on fire.
Alomar-Cabrera’s sentence is the most recent of more than 50 convictions and sentencings in a group of interlocking cases brought in the Eastern District of New York against members of violent drug robbery crews who impersonated police officers and frequently committed robberies with real police officers. Four other defendants have previously been sentenced for their roles in the murder of Sifuentes.
The government’s case is being prosecuted by Assistant United States Attorney Douglas M. Pravda.
The Defendant:
WENDELL ALOMAR-CABRERA (also known as “Gregorio”)
Age: 40
Dominican RepublicE.D.N.Y. Docket No. 08-CR-115 (NGG)
Man Sentenced for Shipping over 700 Pounds of Marijuana to VirginiaRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced today to six years in prison for his involvement in a large scale marijuana distribution network and money laundering.
According to court documents, Tyrell Jones, 23, started and managed a large-scale marijuana distribution operation involving several other co-conspirators. The marijuana conspiracy lasted from April 2017 through October 2018 when Jones secured a source of supply in California, while he was attending college. During the course of the conspiracy, frequent shipments of marijuana were sent from California to Hampton Roads, with most of it shipped through the U.S. Postal Service using various Ship ‘n Click accounts. Jones and other co-conspirators shipped a total of 222 packages of marijuana with a total weight of 724 pounds of marijuana. Sometimes the marijuana was secreted inside vehicles and driven from California to Virginia, where it was then broken down into smaller quantities and sold on the streets.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys William D. Muhr and Kevin Hudson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-55.
Man Pleads Guilty to Illegally Purchasing 20 FirearmsRead the Press Release
ALEXANDRIA, Va. – A Maryland man pleaded guilty today to 10 counts of making false statements to acquire firearms.
“Yesterday in Washington, D.C., I stood alongside federal and local law enforcement leaders and affirmed our commitment to prosecuting the illegal purchase and transportation of firearms,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case is representative of that commitment: We will continue to use federal firearms laws to hold individuals accountable for coming into Virginia to illegally purchase firearms. Every illegally purchased firearm is a gun that can wind up in the hands of a prohibited person and poses a significant danger to law enforcement and our communities.”
According to court documents, between November 2018 and April 2019, Quayshawn Shymel Simmons, 28, of Baltimore, purchased 20 firearms from Federal Firearm Licensees in Virginia using a false address in Hampton. Police in Washington, D.C. have recovered some of the firearms Simmons purchased from other individuals, including individuals convicted of a felony and/or in possession of distribution quantities of Oxycodone and crack cocaine at the time of their arrest.
“This case perfectly highlights why ATF will continue working diligently to combat firearms trafficking to curb violent crime,” said ATF Special Agent in Charge Ashan M. Benedict of the Washington Field Division. “Gun traffickers are not simply committing paperwork violations. These criminals put guns in the hands of serious criminals who pose a significant threat to the safety of our communities. We are putting all gun traffickers on notice that we will find you; you will be held accountable; and you will be punished under the law.”
Simmons pleaded guilty to making false statements and faces a maximum penalty of five years in prison when sentenced on October 25. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the plea. Assistant U.S. Attorney Nicholas U. Murphy II and Special Assistant U.S. Attorney Annie Zanobini are 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. 1:19-cr-181.
Man Pleads Guilty to Interference with Flight CrewRead the Press Release
United States Attorney Peter G. Strasser announced that RODNEY JAMES, age 47, a resident of Phoenix City, Alabama, pled guilty to a one-count indictment for interference with a flight crew, in violation of Title 49, United States Code, Section 46504.
According to court records, on November 14, 2018, Rodney James interfered with a flight crew, travelling from Fort Lauderdale, Florida to Los Angeles, California, by being disruptive, yelling loudly, refusing to sit down, aggressively pursuing a flight crew member across the cabin, and threatening the flight crew, all causing the aircraft to be diverted to New Orleans.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney G. Dall Kammer, Supervisor of the General Crimes Unit, is in charge of the prosecution.
Lawrence Man Pleads Guilty to DrugTraffickingRead the Press Release
CONCORD – Fidel Pereyra, 23, of Lawrence, Massachusetts, pleaded guilty in federal court to possession of fentanyl, cocaine, and crack cocaine with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in the evening hours of January 25, 2019, Salem police officers stopped Pereyra after observing him drive a vehicle without any headlights on. During the stop, Pereyra was unable to produce any driver’s license or other identification and was initially arrested for driving without a license. Approximately $4,200 was found on his person, and a later a search warrant revealed approximately 57 grams of fentanyl, 4.5 grams of cocaine, and 4.6 grams of crack cocaine. Pereyra admitted to transporting the narcotics into New Hampshire for sale.
Pereyra is scheduled to be sentenced on November 7th 2019.
“Traffickers who try to sell drugs in New Hampshire will be brought to justice,” said U.S. Attorney Murray. “In order to stop drug trafficking and maintain the safety of our community, we will pursue federal charges against those who transport dangerous drugs into the Granite State.”
This matter was investigated by the Salem Police Department, with assistance from the New Hampshire State Police, Windham Police Department, and the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Charles L. Rombeau.
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Kyle Man Sentenced to 8 Years in Prison for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on July 22, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
David Herman, age 21, was sentenced to 8 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Herman was indicted by a federal grand jury in October 2018. The conviction stemmed from Herman forcing the minor victim to perform a sexual act on him between 2016 and 2017 at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Herman was immediately turned over to the custody of the U.S. Marshals Service.
Kansas Priest Pleads Guilty to Possessing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Kansas priest pleaded guilty in federal court here today to possessing child pornography, U.S. Attorney Stephen McAllister said.
In his plea, Christopher Rossman, 46, who formerly served at the Annunciation Catholic Church in Baldwin City, Kan., admitted that investigators found child pornography on his Samsung Galaxy tablet. The crime occurred in September 2016 when monitoring software installed on Rossman’s computer devices reported he had visited adult pornography and child pornography websites. The archdiocese forwarded the report to law enforcement.
When investigators tried to find Rossman in Baldwin City, they learned that his sister had taken possession of the Galaxy tablet and tried to run over it a number of times. A forensics examination found files on the device depicting prepubescent females engaged in sexual activities.
Sentencing will scheduled at a later date. The crime carries a penalty of up to 10 years in federal prison and a fine up to $250,000. U.S. Attorney Stephen McAllister commended FBI task force agent Angie Jones for her work on the case and the Archdiocese for it its cooperation. McAllister and Assistant U.S. Attorney David Zabel are prosecuting.
Justice Department Settles with T-Mobile and Sprint in Their Proposed Merger by Requiring a Package of Divestitures to DishRead the Press Release
The Department of Justice announced today that it and the Attorneys General for five states reached a settlement with T-Mobile and Sprint regarding their proposed merger. The settlement requires a substantial divestiture package in order to enable a viable facilities-based competitor to enter the market. Further, the settlement will facilitate the expeditious deployment of multiple high-quality 5G networks for the benefit of American consumers and entrepreneurs.
The Department’s Antitrust Division, along with the offices of five state Attorneys General (Plaintiff States), filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the Department and the Plaintiff States filed a proposed settlement that, if approved by the court, would resolve the Department’s and the Plaintiff States’ competitive concerns. The participating state Attorneys General offices represent Nebraska, Kansas, Ohio, Oklahoma, and South Dakota.
Under the terms of the proposed settlement, T-Mobile and Sprint must divest Sprint’s prepaid business, including Boost Mobile, Virgin Mobile, and Sprint prepaid, to Dish Network Corp., a Colorado-based satellite television provider. The proposed settlement also provides for the divestiture of certain spectrum assets to Dish. Additionally, T-Mobile and Sprint must make available to Dish at least 20,000 cell sites and hundreds of retail locations. T-Mobile must also provide Dish with robust access to the T-Mobile network for a period of seven years while Dish builds out its own 5G network.
“With this merger and accompanying divestiture, we are expanding output significantly by ensuring that large amounts of currently unused or underused spectrum are made available to American consumers in the form of high quality 5G networks,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will provide Dish with the assets and transitional services required to become a facilities-based mobile network operator that can provide a full range of mobile wireless services nationwide. I want to thank our state partners for joining us in this settlement.” Delrahim added, “In crafting this remedy, we are also mindful of the significant commitments T-Mobile, Sprint, and Dish have made to the Federal Communications Commission.”
The Department and the Plaintiff States said that, without the divestiture, the proposed acquisition would eliminate competition between two of only four facilities-based suppliers of nationwide mobile wireless services. According to the complaint, T-Mobile and Sprint both operate mobile networks and offer nationwide coverage to consumers, and they are particularly close competitors to each other for the roughly 30% of retail subscribers who purchase prepaid mobile wireless service. The combination of T-Mobile and Sprint would eliminate head-to-head competition between the companies and threaten the benefits that customers have realized from that competition in the form of lower prices and better service.
T-Mobile US Inc. is a Delaware corporation headquartered in Bellevue, Washington. In 2018, T-Mobile posted revenues of more than $43 billion. Deutsche Telekom AG, a German corporation headquartered in Bonn, Germany, is the controlling shareholder of T-Mobile US Inc.
Sprint Corporation is a Delaware corporation headquartered in Overland Park, Kansas. In 2018, its posted revenue was over $32 billion. Sprint is controlled by SoftBank Group Corp., a Japanese Corporation headquartered in Tokyo, Japan.
As required by the Tunney Act, the proposed consent decree, along with the Department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Scott Scheele, Chief, Telecommunications and Broadband Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Justice Department Launches National Public Safety Partnership with Harris County Sheriff’s OfficeRead the Press Release
HOUSTON – Federal and local officials convened in Houston today to initiate the National Public Safety Partnership (PSP) program, announced U.S. Attorney Ryan K. Patrick along with Director of the Bureau of Justice Assistance Jon Adler and Harris County Sheriff Ed Gonzalez.
This Justice Department program is a three-year engagement that seeks to leverage department assets in support of a local jurisdictions' commitment to drive down violent crime.
On June 3, 2019, Attorney General William Barr announced the selection of the Harris County Sheriff’s Office (HCSO) as one of 10 fiscal year (FY) 2019 PSP sites where the Justice Department will work collaboratively to provide training and technical assistance in areas such as crime analytics, emerging technology and community engagement.
Since 2017, the Justice Department has directed nearly $14.9 million in customized training and technical assistance to help build crime fighting capacity in PSP sites. This includes $6.6 million to support the FY 2019 sites through FY 2022. PSP seeks to bring law enforcement stakeholders together to work collaboratively in reducing violent crime attributed to felonious firearm use, drug trafficking and human trafficking.
“Adding unincorporated Harris County to the PSP program, which already includes the Houston Police Department (HPD), compliments the technical assistance and formal collaboration in the greater metro area,” said Patrick. “My office is committed to working with local law enforcement in reducing violent crime. HCSO is already a great law enforcement partner, and this new effort will make those ties stronger.”
“Today our team is on-site in Houston to collaborate with local law enforcement officials in their mission to improve public safety and drive down violent crime,” said Adler. “Through the PSP, we are committed to fulfilling the Attorney General's priority of supporting local law enforcement combat violent gangs, felonious firearms use and drug trafficking.”
“Combating violent crime requires strategic coordination among all the law enforcement agencies serving our community,” said Gonzalez. “The Justice Department’s National PSP gives front-line deputies the technical training and expertise they need to keep our neighborhoods safe.”
Since 2017, the Justice Department has worked with more than 30 local jurisdictions under the nationwide PSP program. Many participating cities have already seen dramatic reductions in violent crime. New Orleans ended 2018 with 146 murders, the lowest number of murders since the early 1970s. In Milwaukee, homicides declined in 2018 for a third straight year after hitting a deadly peak in 2015.
Agencies in attendance at this meeting will include the U.S. Attorney’s Office; Office of Justice Programs; HCSO; FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Harris County District Attorney’s Office; HPD; Institute for Intergovernmental Research; and CNA.
Jury Convicts Final Defendant in Grocery Store Armed Robbery SpreeRead the Press Release
NORFOLK, Va. – A federal jury convicted a Virginia Beach man today on armed robbery and conspiracy charges for his role in a spree of grocery store robberies that ended with the shooting of the manager at a local Harris Teeter.
“This verdict is justice not only for the victims, but for the citizens of this community who want to live in freedom from this kind of senseless gun violence,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We cannot undo the misery that this defendant and his co-conspirators caused others to suffer, but we can take some solace that they have been held accountable and will receive the just punishment their crimes deserve.”
According to court records and evidence presented at trial, Darrius A. Heuser-Whitaker, 19, was one of two masked gunmen who robbed a Virginia Beach Food Lion grocery store and attempted to rob a Harris Teeter grocery store, also in Virginia Beach. During the robberies, Heuser-Whitaker pushed a semi-automatic handgun equipped with a laser sight into the backs of the store managers while demanding money from the safe.
“Today’s verdict is the result of a collaborative effort with our partners from the Virginia Beach and Chesapeake Police Departments and U.S. Attorney’s Office to ensure this dangerous crime spree was stopped before anyone else was hurt, and to hold accountable every person responsible for terrorizing the community and harming innocent citizens,” said Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office. “This successful investigation is just one example of the longstanding commitment and teamwork among law enforcement partners in Hampton Roads to protect the public from violent criminals.”
Heuser-Whitaker and his nine co-conspirators worked in at least six-man teams for each robbery, which included inside and outside look-outs, getaway drivers, and two gunmen. The robbery crew used police scanners to monitor law enforcement activity and earpieces to communicate with one another. The gunmen were in and out of the stores within minutes. In the final attempted robbery at the Harris Teeter store, the other gunman, Devonta Doyle, shot the manager after the manager was unable to open the safe. Heuser-Whitaker, Doyle, and others fled the scene and threw their shoes out of their getaway car in an area near Regent University. The FBI and Virginia Beach Police Department located the shoes and submitted them for analysis, which tied one of the shoes to Heuser-Whitaker. Investigators were able to link eight of the ten co-conspirators to a group of friends who attended Tallwood High School and lived in the College Park neighborhood of Virginia Beach.
Heuser-Whitaker faces a mandatory minimum sentence of 17 years and a maximum penalty of life in prison when sentenced on October 24. 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.
Heuser-Whitaker’s nine co-conspirators pleaded guilty to various robbery and gun charges on the dates below:
Name, Age
Hometown
Convicted
Cato M. Battle, 19
Virginia Beach
February 27, 2019
Willey E. Brooks, 27
Norfolk
February 26, 2019
Quayshawn Davidson, 22
Virginia Beach
May 24, 2019
Devonta Doyle, 23
Virginia Beach
July 2, 2019
Monica Perkins, 30
Norfolk
February 27, 2019
Brennan K. Smith, 22
Virginia Beach
July 18, 2019
Brandon C. Tisdale, 21
Virginia Beach
February 28, 2019
Trevor L. Tisdale, 25
Virginia Beach
February 26, 2019
Keonte K. Yorkshire, 22
Virginia Beach
February 5, 2019
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, Mark Herring, Attorney General of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, James A. Cervera, Chief of Virginia Beach Police, and Col. K.L. Wright, Chief of Chesapeake Police, made the announcement after U.S. District Judge Raymond A. Jackson accepted the verdict. Assistant U.S. Attorneys John F. Butler and Andrew Bosse, and Special Assistant U.S. Attorney Kristin Bird, are 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-177
Israel Extradites Fugitive Charged with Failure to Appear, Conducting Illegal Gambling Business, and Money LaunderingRead the Press Release
SACRAMENTO, Calif. — Following the successful extradition from Israel, Yaniv Gohar, 36, formerly of Berkeley, will be arraigned today on a superseding indictment that adds the charge of failure to appear to the original charges relating to an illegal gambling business, U.S. Attorney McGregor W. Scott announced.
According to court documents, Gohar was arrested on December 8, 2017, in connection with his initial charges. On December 21, he was released on bond over the government’s objection. Four days later, he allegedly crashed his Porsche Panamera into a parked car in Berkeley and did not immediately stop, but rather continued driving until cited by the Berkeley Police Department for reckless driving. On January 3, 2018, he failed to appear as ordered for his pretrial services violation hearing and has remained at large since that time. In September 2018, a grand jury returned a superseding indictment charging Gohar with, among other offenses, failure to appear.
This case is the product of an investigation by the FBI and California Department of Justice – Bureau of Gambling Control. Assistant U.S. Attorneys Matthew M. Yelovich and Miriam R. Hinman are prosecuting the case. Significant assistance was provided by the Department of Justice’s Office of International Affairs and by Israeli authorities.
Yaniv Gohar’s brother and co-defendant, Orel Gohar, 28, fled the United States in December 2017 and remains at large. Anyone with information about his whereabouts should call the Federal Bureau of Investigation at (916) 746-7000.
If convicted, Yaniv Gohar faces five years in prison for the failure to appear to be served consecutively to the other sentences imposed. If convicted, he also faces a maximum statutory penalty of five years in prison for the illegal gambling offense and 20 years in prison for the money laundering conspiracy. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Illegal Alien Facing Federal Indictment for Sex Trafficking of a Minor and Related ChargesRead the Press Release
Baltimore, Maryland – A federal grand jury returned an indictment on July 25 2019, charging Feliciano de Jesus Diaz-Martinez, a/k/a Alex, age 41, of Owings Mills, Maryland, for sex trafficking of a child, enticement of a minor to engage in prostitution, sex trafficking by force, fraud and coercion, and distribution of a controlled substance. Diaz-Martinez is in custody and is scheduled to have an initial appearance in U.S. District Court in Baltimore on July 29, 2019.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief Melissa R. Hyatt of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to the seven-count indictment, beginning no later than 2016 and continuing through May 22, 2019, Diaz-Martinez, a Guatemalan national in the United States illegally, caused more than 25 individuals, including minors, to engage in commercial sex acts for his own financial benefit by means of force, fraud, and coercion. Diaz-Martinez knew that Victim 1 was 16 years old when he first caused her to engage in commercial sex acts. Victim 1 continued to work for Diaz-Martinez until she was approximately 18 years old. The indictment alleges that nearly all of the victims that Diaz-Martinez caused to engage in commercial sex acts suffered from serious substance abuse disorders, including addictions to heroin, crack cocaine, and Xanax. Diaz-Martinez allegedly took half or all of the money earned by the victims working for him, and sold some of the victims narcotics, often at prices significantly higher than he paid to purchase the drugs.
As alleged in the indictment, Diaz-Martinez maintained a network of friends and associates who paid to engage in commercial sex acts with the victims Diaz-Martinez advertised and made available to them. Diaz-Martinez sent his customers pictures of the victims available for commercial sex and set the prices that customers would pay to engage in sex acts with the victims he controlled. Diaz-Martinez allegedly transported, or caused to be transported, victims to his customers’ homes, or to hotel rooms he rented, to engage in commercial sex acts and/or invited customers to engage in commercial sex acts with victims in his apartment and in a storage unit that he rented.
Diaz-Martinez allegedly maintained several different accounts, using alias names, on a social media platform which he used to recruit and communicate with the victims in order to entice them to work for him and engage in commercial sex acts, including many users he had never met. According to the indictment, Diaz-Martinez sometimes offered the users he communicated with heroin and crack cocaine, referred to as “boy” and “girl,” in exchange for engaging in commercial sex with his customers. Diaz-Martinez also directed the victims working for him to recruit their friends, many of whom were also addicted to narcotics, to engage in commercial sex for his financial benefit.
According to the indictment, Diaz-Martinez frequently demanded that the victims engage in sex acts with him, free of charge, and retaliated against victims if he was not personally satisfied with the sexual encounter. The indictment further alleges that Diaz-Martinez retaliated against the victims who violated his rules, failed to earn sufficient money from commercial sex, or otherwise displeased him in a number of ways, including abandoning them at customers’ homes and on roadsides without their belongings or transportation, and withholding drugs from the victims whom he knew to be addicted.
Diaz-Martinez faces a minimum mandatory sentence of 10 years in prison and a maximum of life in prison for sex trafficking of a minor and for enticement of a minor to engage in prostitution; a minimum mandatory sentence of 15 years and up to life in prison for each of four counts of sex trafficking by force, fraud, and coercion, and a maximum of 20 years in prison for distribution of controlled substances.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Robert K. Hur commended HSI Baltimore, the Baltimore County Police Department and the Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Mary W. Setzer, who are prosecuting the case.
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Herndon Man Sentenced to Prison for CyberstalkingRead the Press Release
ALEXANDRIA, Va. – A Herndon man was sentenced today to one year in prison for cyberstalking a victim in New York.
According to court documents, Brandon Theresa, 21, engaged in an extensive cyberstalking campaign against a victim from at least May 2015 through December 2018. During that time, he accessed the victim’s online accounts without her permission; created fake accounts in her name; and sent sensitive information from her account in order to embarrass her. When the victim tried to cut off communication with him, Theresa took more serious steps to maintain an unwanted presence in her life. For example, using the personal information of the victim and the victim’s friends and family, Theresa established U.S. Postal Service Informed Delivery accounts in their names to receive a steady stream of notifications about the mail sent to those individuals’ homes. He used this information to track the victim’s activities and learn about the people in her life. He continued to send veiled threats to the victim, using anonymizing technologies that made it difficult for the victim to block the communications. Theresa’s harassment of the victim continued well after the victim informed him that she was reporting his conduct to the police and did not cease until federal authorities executed a search warrant at his home in December 2018.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael Ray, Inspector in Charge of Analytics/Cyber Division of the U.S. Postal Inspection Service, and Charles Dayoub, Acting Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Laura Fong 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. 1:19-cr-118.
Henrietta Man Sentenced to 30 Years in Prison for Producing 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 Mark Buechler, 45, of Henrietta, NY, who was convicted of production of child pornography involving two prepubescent minors, was sentenced to serve 30 years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on May 3, 2018, an 11-year-old boy, minor victim 1, disclosed to his school counselor that the defendant performed various sexual acts on him on an ongoing basis at Buechler’s home in Henrietta. The counselor contacted Child Protective Services (CPS) to report the alleged incidents. A Monroe County CPS Investigator and a Monroe County Sheriff’s Office Investigator interviewed the minor victim and Buechler was arrested that day.
Also on May 3, 2018, a state search warrant was executed at the defendant’s Stone Road residence. Multiple digital and storage devices were seized, including computers, tablets, phones, SD cards, thumb drives, and digital cameras.
On May 7, 2018, Sheriff’s Office Investigators interviewed minor victim 2, an 18-year-old boy who had visited Buechler’s residence when he was younger. Minor victim 2 also disclosed that he was sexually abused by the defendant over an extended period of time. A second state search warrant was executed on May 7, 2018, at which time additional digital devices were seized.
The Federal Bureau of Investigation was contacted, and on May 24, 2018, a federal search warrant was obtained to review the items seized during the execution of the state search warrants. A review of some of the items seized uncovered approximately 8,700 images and two videos of child pornography produced by Buechler, some of which depicted the defendant abusing the minor victims. Buechler’s federal conviction follows a state court conviction secured by the Monroe County District Attorney’s Office in October 2018.“We must protect our children, the most vulnerable and precious members of our community, from predators such as this defendant,” stated U.S. Attorney Kennedy. “By combining efforts with our tremendous law enforcement partners in Monroe County, we have teamed up to ensure that we communicate—in the most forceful terms possible—that those who bring harm to our children have no place in our community.”
The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, Major Crimes Unit, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, Special Victims Unit, under the direction of District Attorney Sandra Doorley; Monroe County Child Protective Services, under the direction of Amy Natale-McConnell; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.
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Henderson Man Sentenced to Six Years in Federal Prison for Heroin and Gun ConvictionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge James C. Dever, III, sentenced DOMINIQUE WILLIAMS, 31, of Henderson to 72 months’ imprisonment, followed by 5 years of supervised released.
On March 12, 2019, WILLIAMS pled guilty to possession with intent to distribute a quantity of heroin and possession of a firearm during a drug trafficking crime. On March 17, 2018, the Norlina and Warrenton Police Departments conducted a joint-agency license check on U.S. Highway 1 South in Warrenton, NC. As a part of that license check, a car occupied by WILLIAMS was stopped and officers detected the odor of marijuana emanating from the vehicle. A search of WILLIAMS revealed 10 bindles of heroin in his pocket. A search of the car revealed a loaded 9mm handgun which had been reported stolen.
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.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Warrenton Police Department, and the Norlina Police Department.
Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Galeton Man Convicted of Distributing Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Piaquadio, age 62, of Galeton, Pennsylvania, was found guilty yesterday following a non-jury trial of conspiracy to distribute Oxycodone, Fentanyl and Heroin, distribution of Oxycodone and Fentanyl, and attempted distribution of Oxycodone.
In finding him guilty of the four counts in the indictment, Chief U.S. District Judge Christopher C, Conner also found that on March 12, 2015 Piaquadio delivered Fentanyl to an individual who overdosed after using the drug. According to Judge Conner’s memorandum, after receiving the Fentanyl from Piaquadio, the individual heated the drug on a spoon and then injected it. The overdose victim was found by his mother unconscious with a syringe stuck in his right arm in close proximity to a metal spoon containing fentanyl residue. In returning the guilty verdict, Chief Judge Conner found beyond a reasonable doubt that the use of the Fentanyl distributed by Piaquadio as charged in Counts 1 and 4 resulted in serious bodily injury to the individual who overdosed. Based on that finding, at sentencing Piaquadio faces a 20-year mandatory sentence and a maximum sentence of life imprisonment.
In the memorandum filed in support of the verdict, Chief Judge Conner found that Piaquadio admitted that he and his girlfriend, Jane Flynn, who is deceased, sold between 100 to 120 Oxycodone tablets and one or two Fentanyl patches per month. According to the memorandum, on the morning of March 12, 2015 the day he delivered Fentanyl to the overdose victim, Piaquadio filled a prescription for 150 Oxycodone tablets and 10 Fentanyl patches
U.S. Attorney David J. Freed commended the efforts of first responders from Galeton Borough Police Department, Galeton Hose Ambulance, Medic 6, and the emergency medicine staff at UPMC Soldiers and Sailors in Wellsboro, Pennsylvania in treating the overdose victim who used Fentanyl supplied by Piaquadio. Mr. Freed noted that Chief Judge Conner found that the overdose victim “suffered serious bodily injury in the form of a drug overdose that placed him at serious risk of brain death or physical death without medical intervention.”
The federal investigation was conducted by the Office of Inspector General, U.S. Department of Health and Human Services and the Pennsylvania State Police, with the assistance of the Galeton Borough Police Department and the Potter County District Attorney’s Office. Assistant United States Attorneys Geoffrey W. MacArthur and George J. Rocktashel were assigned to the prosecution of this matter.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of Heroin and Opioids like Fentanyl and Oxycodone. Led by the United States Attorney’s Office, the Heroin Initiative targets Opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a 20-year mandatory minimum sentence because the drug offense resulted in serious bodily injury, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Four Florida Men Sentenced in Connection with Multi-Million Dollar Fraud Against Xerox CorporationRead 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 Kyle Haynes, Bryan Day, Jason Haynes, and David Haynes of the Daytona, Florida area, were sentenced by U.S. District Judge Elizabeth A. Wolford for their involvement in a fraud scheme to defraud Xerox Corporation of more than $20,000,000 worth of toner.
Kyle Haynes, Bryan Day, and Jason Haynes were convicted of conspiracy to commit wire fraud and filing a false tax return, and were sentenced to serve 30 months, 27 months, and six months in prison respectively. David Haynes, who was convicted of filing a false tax return, was sentenced to a three year term of probation.
In addition, Kyle Haynes, Bryan Day, and Jason Haynes were ordered to pay $9,475,000 in restitution to Xerox. David Haynes was ordered to pay $884,000 in restitution to Xerox. All four defendants were also ordered also to pay approximately $25,000 in restitution to the Internal Revenue Service.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Xerox is located in, among other places, Webster, NY, and sells and leases office equipment, including printers. The company sells or leases the office equipment directly to end-user customers or to authorized resellers, like Robert Fisher, a co-conspirator and owner of RBM Imaging, who then resell or lease the office equipment to end-user customers, like the four defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, however, the end-user customers pay Xerox based on the number of prints made with the toner. Until consumed by the end-user customers, the toner belongs to Xerox. At no time may the end-user customers sell the toner.
The Haynes’ and Day set up a sham company, HDH Graphics, to obtain approximately 63 Xerox printers from Robert Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints, using much more toner than the industry average. In executing the scheme, the defendants repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. Their deception caused Xerox to ship approximately $25,000,000 worth of toner to HDH Graphics. The defendants then sold the fraudulently obtained toner for approximately $11,000,000 to an individual in Miami, Florida. The Haynes’, Day and Fisher shared the profits from the fraudulent sale of the Xerox toner.
The Haynes’ and Day also filed false personal income tax returns with the Internal Revenue Service for the years 2008 through 2013. Their personal tax returns failed to report net income HDH Graphics earned from the fraudulent sale of the Xerox toner. Because HDH Graphics was a partnership, all of its net income flowed through to the defendants’ personal tax returns. Therefore, the underreporting of the net income on HDH Graphics’ tax returns resulted in the underreporting of the income on the defendants personal tax returns.
The Haynes’ and Day underreported the net income earned by HDH Graphics by falsely claiming that they had personally paid and incurred travel and shipping expenses on behalf of HDH Graphics. They then had HDH Graphics reimburse them for the falsely claimed expenses and falsely reported such expenses as deductions on HDH Graphics’ tax returns. The falsely reported deductions on HDH Graphics’ tax returns were approximately $265,154, resulting in approximately $265,154 less in net income being reported on the corporate returns. As a result, 25 percent of such income, that is, approximately $66,288.50, should have flowed through as income to the defendant’s personal tax returns.
The defendants agreed to forfeiture of over $600,000 in cash in lieu of the forfeiture of several real properties that were purchased and funded with fraud proceeds.
“Prosecutions such as this should send the message that fraudulent gains are never secure,” stated U.S. Attorney Kennedy. “This Office, together with our federal law enforcement partners, will continue aggressively to investigate and prosecute those who seek to profit through dishonesty.”
“The truth about scams like this is that losses suffered by companies often get passed on to the consumer in the forms of higher prices, which is why we must hold the operators of these schemes accountable,” said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo. “HSI special agents will continue to use their broad authorities to uncover financial schemes and ensure that those who seek to blatantly disregard the law for their own financial gain are brought to justice.”
The sentencings are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.
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Former Nurse at Grace Healthcare Sentenced on Tampering ChargeRead the Press Release
Abingdon, VIRGINIA – Amanda Kilgore, a former LPN at Grace Healthcare in Abingdon, was sentenced yesterday to 36 months in federal prison for tampering with consumer products. United States Attorney Thomas T. Cullen made the announcement today following a hearing Thursday in U.S. District Court in Abingdon.
“This health-care provider put her addiction over patient care and violated the trust of those who relied on her,” U.S. Attorney Cullen stated today. “I am grateful for the hard work of the FDA and the Virginia State Police in bringing this defendant to justice.”
“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “As part of the FDA’s comprehensive work to address the opioid epidemic, we will continue to hold medical personnel accountable when they take advantage of their unique position and tamper with drugs needed by their patients, especially when such tampering could cause unnecessary pain and suffering.”
Kilgore, 34, of Louisville, Tenn., pleaded guilty in April 2019 to one count of tampering with consumer products. The defendant admitted that on various dates of her employment, she tampered with oxycodone in order to divert drugs prescribed to patients for her personal use.
The investigation of the case was conducted by the U.S. Food and Drug Administration - Office of Criminal Investigations and Virginia State Police with the assistance of the Virginia Department of Health Professions, Tennessee Department of Health – Office of Investigations, City of Kingsport Police Department, and Sullivan County District Attorney’s Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Former New Orleans Church Official Indicted for Wire Fraud and Making False Statements to the FBIRead the Press Release
United States Attorney Peter G. Strasser announced that CHARLES WILLIAMS, JR. (“WILLIAMS”), age 49, of New Orleans, Louisiana, was indicted by a federal grand jury on July 18, 2019 and charged with twenty-two (22) counts of wire fraud and three (3) counts of making false statements to special agents with the Federal Bureau of Investigation (“FBI”).
According to the Indictment, in January 2017, the defendant was elected Senior Warden of St. Luke’s Episcopal Church (“St. Luke’s”) located at 1222 North Dorgenois Street in New Orleans. In his role as Senior Warden, WILLIAMS was responsible for paying all of St. Luke’s bills including insurance, salaries, and utilities. WILLIAMS took over the finances of the church and reduced or eliminated other church members’ access to church finances shortly after becoming the Senior Warden at St. Luke’s. WILLIAMS did not share church bank statements with other church members in an effort to conceal his embezzlement of church funds and he transferred church funds from one bank account to another account before withdrawing the funds. During his tenure, WILLIAMS embezzled approximately $89,000 from St. Luke’s in his capacity as Senior Warden. WILLIAMS deposited much of the money into his various Chase accounts and used some of the stolen money to support his pizza restaurant located in the Esplanade Mall.
On August 29, 2018, FBI special agents interviewed WILLIAMS. During the interview, WILLIAMS made three false statements to the FBI agents. Specifically, WILLIAMS said he used cash withdrawn from a St. Luke’s account to fund a $2,500 Chase cashier check dated February 21, 2018, with Remitter: St. Luke’s Episcopal Church/Operating Account. When the agents specifically asked whether bank records would show the money for the cashier’s check came from a St. Luke’s account, he denied that bank records would show the $2,500 coming from the church account. Further, he told the agents that the $2,500 had come from his personal account. The statements were false because WILLIAMS knew that on February 21, 2018, he had withdrawn $2,900. from St. Luke’s operating account ending x1224 and then used $2,500 of those funds to purchase the above described cashier’s check made payable to the Esplanade Mall for the benefit of his pizza restaurant. WILLIAMS also lied to the agents when he told them he had invested St. Luke’s money with a particular company. Lastly, he lied when he claimed he had not used any of St. Luke’s money for his business or for personal use. The FBI’s investigation determined that all of these assertions were in fact false.
U. S. Attorney Peter G. Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, WILLIAMS faces a maximum penalty of twenty (20) years imprisonment for each of the wire fraud counts and five (5) years as to each of the false statement counts. Upon release from prison, WILLIAMS faces up to three (3) years of supervised release and a fine of up to $250,000 per count.
U.S. Attorney Peter G. Strasser praised the work of the Federal Bureau of Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
Former Mexican Municipal Police Officer Charged with Trafficking Enough Fentanyl to Kill 10 MillionRead the Press Release
A federal grand jury in Amarillo, Texas has indicted a former Mexican municipal police officer for fentanyl trafficking, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
In a superseding indictment filed Thursday evening, Assmir Contreras-Martinez, 30, of Tucson, Arizona, was charged with conspiracy and possession with intent to distribute fentanyl, a powerful synthetic opioid 50 times more potent than heroin.
He was allegedly discovered with roughly 33 kilograms of the drug – likely enough to kill more than 10 million people, according to DEA experts.
“Fentanyl is devastating communities across the country,” said U.S. Attorney Nealy Cox. “We cannot tolerate the trafficking of this deadly drug through North Texas— especially by those who are charged with protecting our communities, foreign or domestic.”
“Fentanyl is the number one threat causing our opioid epidemic in the United States,” said Clyde E. Shelley, Jr., DEA Special Agent in Charge of the Dallas Field Division. “This seizure alone has potentially save millions of lives.”
According to a criminal complaint filed earlier this summer, Mr. Contreras-Martinez was pulled over by a Texas DPS trooper driving eastbound on Interstate 40 in Amarillo in May 2019.
A search of his vehicle, a 2007 Ford Explorer, allegedly revealed approximately 33 kilograms of a white powdery substance, which the trooper suspected to be drugs, likely cocaine. Subsequent testing revealed the substance was actually fentanyl.
After being advised of his rights, Mr. Contreras-Martinez allegedly admitted he was paid $6,000 to transport illegal contraband from California to Florida. This was his second such trip, he said.
During that interview, Mr. Contreras-Martinez allegedly stated that before his unlawful immigration to the United States seven months prior, he had been employed for eight years as a municipal police officer in Cananea, Sonora, Mexico.
An indictment is a formal accusation of criminal conduct, not evidence, and the defendant is presumed innocent until proven guilty in a court of law.
If convicted, Mr. Contreras-Martinez faces 30 years to life in federal prison, and may face deportation proceedings after serving his sentence.
Overdoses involving synthetic opioids like fentanyl killed almost 32,000 Americans last year, according to provisional data released by the CDC last week. Because of the drug’s deadly potency, the U.S. Attorney’s Office for the Northern District of Texas has a zero-tolerance policy on fentanyl, taking federally any case that involves the substance or its unlawful analogues, no matter the quantity.
The Texas Department of Public Safety and the U.S. Drug Enforcement Administration conducted the above investigation. Assistant U.S. Attorney Anna Marie Bell is prosecuting the case.
Former Head Nurse at Rockbridge Regional Jail Convicted of Falsifying DocumentsRead the Press Release
Lynchburg, VIRGINIA – A federal jury in U.S. District Court in Lynchburg today convicted Gary Hassler, the former head nurse at Rockbridge Regional Jail, of falsifying documents in order to impede a federal investigation into civil rights abuses at the facility, First Assistant United States Attorney Daniel P. Bubar announced.
“Today’s conviction shows that no person or institution can take steps to interfere in a federal investigation,” First Assistant Bubar stated. “I am grateful for the work of the FBI, Virginia State Police and Office of the Rockbridge County Commonwealth’s Attorney in bringing this case to justice.”
Hassler, 59, of Buena Vista, Va., was indicted in August 2018 and charged with two counts of falsifying documents in order to impede a federal investigation. Today, the jury convicted Hassler of one count of impeding a federal investigation into civil rights violations at the Rockbridge Regional Jail by falsifying a document. Evidence at trial showed that on March 5, 2017, Hassler falsified a document to claim an inmate at the jail refused medical care.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. The Commonwealth Attorney’s Office for Rockbridge County assisted with the investigation. Assistant United States Attorneys Zachary T. Lee and Matthew Miller prosecuted the case for the United States.
Former Employee Pleads Guilty to Theft from the Woman’s Coalition of St. CroixRead the Press Release
St. Croix, USVI – Kira Lee Encarnacion, 41, of St. Croix, pled guilty on July 26, 2019, in District Court to one count of Federal Program Theft, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, from November 2014, through May 2015, Encarnacion was employed as a bookkeeper with the Women’s Coalition of St. Croix (WCSC). As the bookkeeper, Encarnacion’s duties included issuing legitimate payments to vendors in support of the organization’s functions, using an accounting software program. However, during this period, she fraudulently caused 39 WCSC checks to be issued to herself, totaling $85,510. Encarnacion disguised the checks in the accounting software program as payments to legitimate vendors of WCSC. The defendant then deposited the checks into her personal bank account and used the funds to pay for personal matters.
WCSC receives in excess of $10,000 a year in federal grants and benefits, which gave rise to the federal prosecution.
This offense carries a possible sentence of incarceration of up to 10 years, a maximum fine of up to $250,000 dollars, and a term of supervised release up to 3 years. Sentencing is set for November 27, 2019.
The case was investigated by the Federal Bureau of Investigations (FBI). Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
Former DMV Employee Sentenced for a Scheme to Issue Commercial Licenses to Unqualified DriversRead the Press Release
SACRAMENTO, Calif. — Kari Scattaglia, 40, of Sylmar, was sentenced today to two years and eight months in prison for a conspiracy to take bribes to provide Class A commercial driver licenses without the buyer having to take or pass the required tests, U.S. Attorney McGregor W. Scott announced.
“The FBI is committed to working with law enforcement and agency partners to root out corruption, especially when it puts the lives of our fellow citizens at risk,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “Scattaglia’s greed led her to value self‑enrichment over the safety of the millions of people accessing California and interstate highways. Instead of performing her job honestly, she took bribes in exchange for enabling drivers of tractor-trailer trucks to operate in California without passing the tests required to ensure they could operate safely.”
“Individuals in positions of trust who exploit federal and state law for personal gain pose a significant threat to public safety and national security,” said Jerry C. Templet Jr, Deputy Special Agent in Charge, Homeland Security Investigations (San Francisco and Northern California). “HSI will continue working with our local, state, and federal partners to investigate these types of public corruption cases and bring those responsible to justice.”
On November 3, 2017, Scattaglia and former DMV employee co-defendant Lisa Terraciano, 52, of North Hollywood, pleaded guilty to a conspiracy to commit bribery, to commit identity fraud, and to commit unauthorized access of a computer.
According to court documents, since April 2007, Scattaglia worked at the DMV. Between 2014 and 2017, she was a manager, assistant manager, and a Licensing-Registration Examiner (LRE) at the Arleta DMV and the Granada Hills Driver License Processing Center. Terraciano worked for the DMV since June 2005 and was a Motor Vehicle Representative (MVR) in the Winnetka DMV office from 2014 through 2017. Among other things, Scattaglia and Terraciano were responsible for processing applications for California commercial driver licenses (CDLs). A CDL is required to drive passenger buses and to operate tractor-trailer trucks on California and interstate highways, including, in some cases, transporting hazardous materials.
In exchange for money, Scattaglia and Terraciano each accessed the DMV’s database in Sacramento to alter the records of applicants to fraudulently show that the applicants had passed the required written tests when, in truth, the applicants had not passed the tests or, at times, even taken the written tests. In so doing, this caused the DMV to issue permits to those drivers as well as issue completed CDLs upon the applicants’ passing the behind-the-wheel driving tests. In addition, Scattaglia also accessed the DMV database to fraudulently alter applicants’ records to show that the applicants had passed the driving tests despite the applicants not having taken or passed those tests.
According to the plea agreements, Scattaglia caused at least 68 fraudulent CDLs, including permits, to be issued, and Terraciano caused at least 148 fraudulent CDLs, including permits, to be issued.
This case is the product of an investigation by the California Department of Motor Vehicles, Office of Internal Affairs, the Federal Bureau of Investigation, and Homeland Security Investigations. Assistant U.S. Attorney Rosanne L. Rust is prosecuting the case.
Terraciano is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on Sept. 27. Terraciano faces a maximum statutory penalty of five years in prison and a $250,000 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.
Former CVS Employee Pleads Guilty to Stealing over $2 Million Dollars Worth of Diabetic Test StripsRead 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 Antonio Rivera, 35, of Williamsville, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that since February 2007, the defendant was employed as a Senior Assistant Purchasing Associate for CVS Pharmacy. This position required Rivera to order a variety of retail products sold by CVS, including diabetic test strips.
In July, 2018, CVS's internal systems red flagged the purchasing of diabetic test strips at a CVS located in Rochester, NY. A package located in the store’s shipping area did not have a CVS label, included Rivera’s return address, and came from a company with which CVS does not do business. A subsequent internal investigation by CVS determined that Rivera routinely purchased diabetic test strips in excessive amounts, well over the need for that CVS location. The audit could not account for 20,203 boxes purchased by Rivera, for a total financial loss of approximately $2,535,307.62.
The defendant ordered the excessive amounts of diabetic test strips and then intercepted the shipments once they arrived. He then sold the stolen product to a third party located in the State of Florida. A forensic accounting of Rivera’s bank accounts identified payments for the fraudulently obtained diabetic test strips that were deposited into the defendant’s bank accounts.
“While business owners hate to think that their employees would steal from them, employee theft is, unfortunately, not that uncommon,” stated U.S. Attorney Kennedy. “What does stand out in this instance, however, is the brazenness and extent of the fraud.”
The plea is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Financial Services, under the direction of Superintendent Linda Lacewell.
Sentencing is scheduled for October 30, 2019, before Judge Wolford.
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Five defendants in Operation Vanilla Gorilla sentenced for drug conspiracy, weapons crimesRead the Press Release
SAVANNAH, GA.: Five drug-trafficking conspirators and affiliates of the violent Ghost Face Gangsters criminal street gang are being sent to federal prison just days after prosecutors notched the final convictions of all 43 defendants in Operation Vanilla Gorilla.
Those sentenced this week for drug trafficking conspiracy and firearms violations include a purported leader of the conspiracy and an enforcer of gang rules, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
“Outstanding work from our law enforcement partners and prosecutors wrapped up these cases with convictions of every defendant just eight short months after their indictments,” U.S. Attorney Christine said. “The significant federal prison sentences for these criminals should make it clear that we will not tolerate street gangs who peddle poison in our neighborhoods and violate the safety of our citizens. We will find them, and we will shut them down.”
U.S. District Judge R. Stan Baker sentenced five more of the 43 defendants to substantial prison terms, and upon completion of their sentences each will serve an additional three to five years of supervised release. To date, 21 defendants have been sentenced for their roles in the criminal conspiracy. Those sentenced this week are:
David McCloskey, a/k/a “Larchmont,” 47, of Augusta, Ga., was sentenced to nearly 24 years in prison: 165 months for Conspiracy to Possess with Intent to Distribute 50 Grams or More of Methamphetamine, and 120 months for being a Prohibited Person in Possession of a Firearm. McCloskey was a leader in the drug conspiracy.
Joshua McNelly, 26, Savannah, was sentenced to 210 months in prison for Conspiracy to Possess with Intent to Distribute 5 Grams or More of Methamphetamine;
Dillon Myrick, a/k/a “Country Crack,” 31, of Port Wentworth, Ga., was sentenced to 120 months in prison for Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine. As a “violator” in the Ghost Face Gangsters, Myrick’s job was to collect drug debts, settle disputes, and assault those believed to be enemies of the street gang.
Crystal Wilson, 37, of Bloomingdale, Ga., was sentenced to 65 months in prison for Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine; and,
Kari Neely, 27, of Statesboro, Ga., was sentenced to 24 months in prison for Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine.
Some of these defendants were on probation or parole when they committed the offenses, so the federal sentences will run consecutive to the sentences for violating state probation or parole. There is no parole in the federal system.
As noted in court, these five defendants had a combined total of at least 19 state convictions, including at least three felony convictions, and had previously violated state probation at least four times.
These five defendants were members of a major drug trafficking organization that distributed kilogram quantities of crystal methamphetamine (“ice”) in the Southern District of Georgia and elsewhere. McCloskey received pounds of crystal methamphetamine and delivered it for others to distribute. When Effingham County deputies arrested McCloskey on April 16, 2018, he had in his possession a kilogram of crystal methamphetamine, a firearm with two fully loaded magazines, $2,225 in cash, and drug trafficking scales. McNelly transported and distributed kilograms of crystal methamphetamine and possessed firearms. Myrick served as a “violator” for the Ghost Face Gangsters, and both Wilson and Neely stored, transported, and distributed drugs for the organization.
“These sentences will ensure the incarceration of dangerous criminals and contribute to the restoration of order and peace,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Operation Vanilla Gorilla was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations. The case was investigated by the ATF, the Georgia Bureau of Investigation (GBI), the Drug Enforcement Administration (DEA), the Chatham-Savannah Counter Narcotics Team (CNT), the Georgia Department of Corrections Intelligence Division, the Savannah Police Department, the Chatham County Sheriff’s Office, the Bryan County Sheriff’s Office, the Richmond Hill Police Department, the Pooler Police Department, the Effingham County Sheriff’s Office and the Bloomingdale Police Department, with assistance from the U.S. Marshals Service.
This case is being prosecuted by Assistant United States Attorneys E. Greg Gilluly Jr. and Frank Pennington.
Five Defendants Sentenced to More Than 37 Years Combined for Trafficking Drugs in Southern ArkansasRead the Press Release
Texarkana, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas and L. Diane Upchurch, Special Agent in Charge of the FBI announced that in July 2019, five individuals were sentenced by the United States District Court for their roles in an MDMA, Cocaine, and Methamphetamine trafficking ring operating in Miller and Columbia Counties, and elsewhere in Arkansas. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearings in the United States District Court in Texarkana, Arkansas.
According to court records, on January 23, 2018, a federal grand jury returned a twenty-five (25) count Second Superseding Indictment against Fredrico Bradley, Christopher Manning, James Manuel, Ladarrius Robinson, and Ricardo Walker in the Western District of Arkansas, Texarkana Division for activities in a large-scale drug trafficking conspiracy. In 2017, this drug trafficking ring was responsible for pushing substantial quantities of MDMA, cocaine, and methamphetamine onto the streets of south and southwest Arkansas. Multi-agency operations conducted several controlled purchases of MDMA, cocaine, and methamphetamine from the defendants.
Manuel, a resident of Texas, personally delivered controlled substances to Bradley in the Western District of Arkansas on multiple occasions. Bradley received between 2 and 4 ounces of powder cocaine or as many as 2,000 MDMA or methamphetamine pills from Manuel during each delivery. Manning received controlled substances, including MDMA, cocaine, and methamphetamine, from Bradley in Texarkana. Manning received the controlled substances as part of an agreement and understanding with Bradley that Manning would distribute them in the Western District of Arkansas. Manning converted some of the powder cocaine he received from Bradley into cocaine base, commonly known as “crack” cocaine, before re-selling it.
Manning, in turn, employed Robinson, Walker, and others to distribute those drugs to customers in the Western District of Arkansas – primarily in Columbia County and surrounding areas. Manning sold most of the drugs he received from Bradley in the Columbia County area, with the aid of co-conspirators residing in and around Waldo, Arkansas, including Robinson and Walker. Those co-conspirators maintained Manning’s Waldo-based stock of cocaine, MDMA, and methamphetamine and brokered or facilitated their sale to Manning’s customers in and around Columbia County.
Defendants in this conspiracy received the following sentences:
Christopher Manning, age 47, of Texarkana, Arkansas was sentenced July 24, 2019, to 120 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute MDMA, Cocaine, and Methamphetamine. Manning was first indicted in the Western District of Arkansas in December 2017 and entered his guilty plea on August 21, 2018.
Fredrico Bradley, age 46, of Texarkana, Arkansas was sentenced July 25, 2019, to 63 months in federal prison, followed by 3 years of supervised release, on one count of Conspiracy to Distribute MDMA, Cocaine, and Methamphetamine. Bradley was also sentenced to serve a consecutive 41 months for violating the terms of an existing period of supervision, leaving him a total of 104 months to be served. Bradley was first indicted in the Western District of Arkansas in October 2017 and entered his guilty plea in May 17, 2018.
James Manuel, age 33, of Houston, Texas, was sentenced July 26, 2019, to 78 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute MDMA, Cocaine, and Methamphetamine. Manuel was indicted in the Western District of Arkansas in October 2017 and entered his guilty plea on November 9, 2018.
Ladarrius Robinson, age 27, of Waldo, Arkansas, was sentenced July 16, 2019 to 100 months in federal prison followed by four years of supervised release on one count of Distribution of More Than 5 Grams of Actual Methamphetamine. Robinson was first indicted in the Western District of Arkansas in December 2017 and entered his guilty plea on October 3, 2018.
Ricardo Walker, age 28, of Waldo, Arkansas, was sentenced July 24, 2019 to 46 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Cocaine. Walker was first indicted in the Western District of Arkansas in December 2017 and entered his guilty plea on October 3, 2018.
This case was investigated by the Federal Bureau of Investigation, the Magnolia, Arkansas, Police Department, the Columbia County Sheriff’s Department, the Texarkana, Arkansas, Police Department, the Miller County Sheriff’s Department, the 13th Judicial District Drug Task Force and the Arkansas State Police. Assistant United States Attorney Graham Jones prosecuted the case for the United States.
Final Defendant Pleads Guilty in Robbery of I-81 Travel Plaza in Wythe CountyRead the Press Release
Abingdon, VIRGINIA – A third Florida resident has admitted to traveling in a stolen vehicle and committing the May 2018 armed robbery of the I-81 Travel Plaza in Wythe County, according to a plea agreement entered in U.S. District Court yesterday in Abingdon and announced today by United States Attorney Thomas T. Cullen.
Christyen Sumpter, 27, of Sarasota, Fla., pleaded guilty yesterday to one count of robbery by threatening physical violence, one count of transporting a vehicle in interstate commerce knowing the same vehicle to have been stolen, and one count of conspiracy to commit robbery, possess a motor vehicle that had crossed a state boundary after being stolen, and transporting in interstate commerce a vehicle that had been stolen. Earlier this month, Michael Anthony Wilson and Perla Isel Pineda-Osorio, also of Sarasota, pled guilty to the same charges in relation to the robbery.
“The United States Attorney’s Office will continue to take all acts of violence and those crimes involving firearms seriously,” United States Attorney Cullen stated today. “We will work with our federal, state, and local partners to prosecute violent offenders and make our communities safer.”
According to court documents, on May 28, 2018, an individual in South Carolina picked up Pineda-Osorio, Sumpter, and Wilson, who posed as hitchhikers. The three defendants pulled guns on the driver and demanded that he take them to various ATMs to withdraw money from his account. After taking the driver’s money, they abandoned him on the side of the rode and stole his vehicle. Pineda-Osorio, Sumpter, and Wilson then proceeded to Charlotte, North Carolina, where they robbed a convenience store. The three committed a similar armed robbery at a store in Jonesville, North Carolina. Later that same night, all three committed another robbery at the I-81 Travel Plaza in Wythe County, Virginia. Soon after the robbery, law enforcement spotted the stolen vehicle in which they were traveling and a high-speed chase ensued. The vehicle eventually crashed and the defendants were taken into custody. The guns used in the robberies were recovered and, while looking like real firearms, were determined to be BB guns.
All three defendants will be sentenced on October 16, 2019, at 2:30 p.m. At sentencing, the defendants each face a maximum of thirty-five years in prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Wythe County (VA) Sheriff’s Office, with assistance by Charlotte Mecklenburg (NC) Police Department, Jonesville (NC) Police Department, Montgomery County (VA) Sheriff’s Office, New River Valley (VA) Regional Jail, Orangeburg (SC) Department of Public Safety, Pulaski County (VA) Sheriff’s Office, Sarasota (FL) Police Department, South Carolina State Police, and Virginia State Police.
Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Final Defendant Convicted in June 2018 St. Croix Federal Jury Trial is Sentenced to 300 Months for Conspiracy and Attempted Possession of CocaineRead the Press Release
St. Croix, USVI – Anibal Vega-Arizmendi, age 29, of Puerto Rico, was sentenced today to 135 months in prison for conspiracy to possess cocaine with intent to distribute and attempted possession of cocaine with intent to distribute, by District Court Judge Wilma A. Lewis, announced United States Attorney Gretchen C.F. Shappert. Judge Lewis also sentenced Vega-Arizmendi to five years of supervised release, and ordered him to pay a fine of $2,000.000 and a special assessment of $300.00.
On June 26, 2018, a federal jury convicted Vega-Arizmendi along with five co-defendants on cocaine-related charges. Evidence at trial revealed that the organization planned the mid-sea retrieval of over 300 kilograms of cocaine during the period of the conspiracy, January 2014 through March 2016. Approximately 223 kilograms of cocaine were actually distributed by the drug organization. Law enforcement efforts to interdict some of the the drug shipments were successful, beginning in 2015. In October 2014, Vega-Arizmendi and others effected the mid-sea retrieval of 71 kilograms of cocaine. Between December 13 and 15, 2014, he assisted others in attempts to retrieve 30 kilograms of cocaine mid-sea. Witnessed testified that Vega-Arizmendi functioned as a boat operator. Between November 7, 2015 and November 12, 2015, he and others made several unsuccessful attempts to retrieve 87 kilograms of cocaine from mid-sea.
Fourteen individuals were originally charged as part of the drug trafficking organization. Prior to trial, six defendants entered guilty pleas and were sentenced. Of the six that were convicted on June 26, 2018, five have been sentenced and one is awaiting sentence.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorneys Alphonso G. Andrews, Jr. and Everard E. Potter.
Federal Grand Jury in Chicago Indicts Chinese Businesswoman on Charges of Visa FraudRead the Press Release
CHICAGO — A Chinese businesswoman has been indicted in Chicago on federal fraud charges for allegedly providing false verifications of employment for Chinese nationals seeking to stay in the United States on F-1 or H-1B visas.
WEIYUN HUANG, also known as “Kelly Huang,” 30, of Beijing, China, is charged with one count of conspiracy to commit visa fraud and five counts of visa fraud, according to an indictment returned Thursday in U.S. District Court in Chicago. Huang has been in federal custody since March after her arrest in the Northern District of California. Arraignment in federal court in Chicago has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and James M. Gibbons, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Chicago. The government is represented by Assistant U.S. Attorney Shoba Pillay.
An F-1 visa permitted a foreign national to study in the United States at a university or other academic institution. An F-1 visa-holder could extend the visa by participating in a program that required the student to obtain temporary employment in their area of study. An H-1B visa permitted U.S.-based employers to temporarily employ foreign nationals in specialty occupations. Foreign nationals with an H-1B visa were permitted to stay in the U.S. for three years, with the possibility of extending their stay to six years.
According to the indictment, Huang founded two companies – FINDREAM LLC and SINOCONTECH LLC – for the purported purpose of employing foreign nationals in the United States. Huang advertised Findream as a “startup company in technology services and consulting,” with clients in China and the U.S. Huang used a China-based website, “Chinese Looking for Job,” and a China-based WeChat platform, “Job Hunters of North America,” to advertise Findream and Sinocontech to F-1 visa-holders in the U.S. seeking employment and H-1B visas.
In reality, the companies did not deliver any technology or consulting services nor did they employ any of the individuals who responded to the advertisements, the indictment states. In exchange for a fee, Huang and the companies provided written proof of employment to their customers, knowing that the companies did not actually employ them, the charges allege. Huang, Findream and Sinocontech also provided false offer letters and verification of employment letters as purported evidence of employment, knowing the forms were bogus, the indictment states.
The fraud scheme allowed at least approximately 2,685 customers to list Findream or Sinocontech as their employer in order to stay in the U.S. on the visas, according to the indictment. Huang and her two companies received at least approximately $2 million from customers for whom they agreed to falsely certify employment, the indictment states.
Findream, which was incorporated in California, and Sinocontech, which was incorporated in Delaware, are also charged in the indictment. Findream is charged with one count of conspiracy to commit visa fraud and four counts of visa fraud, while Sinocontech is charged with one count of conspiracy to commit visa fraud and one count of visa fraud.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each count of visa fraud is punishable by up to ten years in prison, while the conspiracy count carries a maximum sentence of five years.
Elm Grove man sentenced to 10 years in federal prison for trafficking pure methamphetamineRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that Jonathon J. Hernandez, 39, of Elm Grove, Louisiana, was sentenced yesterday by Chief U.S. District Judge S. Maurice Hicks Jr., to serve 10 years in federal prison, followed by five years of supervised release, for possession with intent to distribute 381 grams of pure methamphetamine. The sentence will be served consecutive to a state imposed sentence that Hernandez received for a parole violation related to a firearms conviction in the 26th Judicial District Court, Benton, Louisiana.
On November 14, 2018, a Haughton Police Department officer conducted a traffic stop on Hernandez’s vehicle, near the intersection of Interstate 20 and Louisiana Highway 157, and discovered that he was operating an uninsured vehicle, was driving on a suspended driver’s license and had several past arrests for drugs and weapons offenses. Hernandez consented to a search of the vehicle, where the officer found a small baggie of methamphetamine, a gallon-sized bag containing more than 50 grams of methamphetamine, and other drug paraphernalia including a scale, a glass pipe, a syringe, propane torches and empty pill capsules. Hernandez later admitted to traveling to Dallas, Texas, to pick up one kilogram of methamphetamine and that he was transporting the drugs found in his vehicle.
Under federal law, certain drug charges carry mandatory minimum sentences. In this case, Hernandez possessed more than 50 grams of actual methamphetamine with the intent to distribute, which carries a mandatory minimum prison sentence of 10 years.
The DEA and Haughton Police Department conducted the investigation. Assistant U.S. Attorney Tiffany E. Fields prosecuted the case.
Elkins business owner admits to tax fraudRead the Press Release
ELKINS, WEST VIRGINIA – Rocky A. Tingler, of Elkins, West Virginia, has admitted to tax fraud, United States Attorney Bill Powell announced.
Tingler, age 54, owner of McWilliams Building & Construction in Elkins, pled guilty to one count of “False Statement on Personal Tax Return” and one count of “Failure to Pay Over Employment Taxes.” Tingler admitted to understating the gross receipts or sales on his 2015 individual tax return by more than $988,000. He also admitted to collecting $790 in federal income tax from his employees at the construction business when the amount should have been $25,706 during the third quarter of 2014.
Tingler faces up to three years incarceration and a fine of up to $250,000 for the false statement charge and faces up to five years incarceration and fine of up to $250,000 for the failure to pay charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Internal Revenue Service Criminal Investigation investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Dubuque Meth User Sentenced to More Than Two Years in Federal Prison after Brandishing and Racking a Stolen FirearmRead the Press Release
A man who brandished and racked a stolen firearm during a disturbance outside an apartment complex in Dubuque, Iowa, in August 2018, was sentenced July 25, 2019, to over two years in federal prison.
Matthew Raymond Bills, age 35, from Dubuque, Iowa, received the prison term after a February 12, 2019, guilty plea to one count of possessing a firearm as a drug user.
In a plea agreement, Bills admitted he was in an argument with two other people outside an apartment complex in Dubuque on August 10, 2018. During the argument, Bills displayed a handgun and racked it in a threatening manner, causing a round to eject. When officers arrived at the scene, they found a live .380 round outside the apartment complex and confronted Bills. Bills told the officers he had hidden the firearm in a closet in a room in the apartment building, and officers later found a loaded Smith & Wesson M&P Bodyguard .380 ACP pistol in that location. The firearm was stolen in Platteville, Wisconsin, less than a month before the argument. Bills admitted he knew the firearm was stolen. Bills knew he was a methamphetamine user at the time of the incident, which made it illegal under federal law for him to possess a firearm. Bills had used marijuana on a daily basis since the age of 14 and had more recently begun using methamphetamine in an attempt to stop using marijuana. Bills has prior convictions for driving under the influence of marijuana and for possessing marijuana while fishing.
Bills was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Bills was sentenced to 30 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Bills is being held in the United States Marshal’s custody until he can be transported to a federal prison. The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1003.
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Doctor’s Office Manager Sentenced for Selling Oxycodone PrescriptionsRead the Press Release
NORFOLK, Va. – A Virginia Beach woman was sentenced today to more than seven years in prison and ordered to pay a $34,500 forfeiture judgment for conspiracy to distribute and possess with intent to distribute Oxycodone.
“Schemetti was forging prescriptions and selling them to a drug dealer,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue to prosecute medical staff and doctors who betray the public’s trust in the medical profession by engaging in illegal drug diversion.”
According to court documents, Jessica L. Schemetti, 34, was working at a medical practice in Virginia Beach. In December 2016, Schemetti began forging prescriptions and by March 2017 she was selling those forged prescriptions to another Virginia Beach drug dealer for $500 per prescription. The Virginia Beach drug dealer supplied Schemetti with names to use on the prescriptions. By August 2017, the doctor became aware of Schemetti’s forgeries, but was dishonest with law enforcement when confronted in order to cover for Schemetti. The doctor, Jim-David Gaglione, was also prosecuted. Schemetti continued to write these prescriptions in exchange for payment into early 2018. In all, Schemetti wrote prescriptions for over 5,000 Oxycodone pills, over 4,000 amphetamine pills, and over 500 Xanax pills.
The doctor, Jim-David Gaglione, pleaded guilty to distribution of amphetamine and was sentenced to two and half years in prison in November 2018.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and James A. Cervera, Chief of Virginia Beach Police, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Kevin Hudson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-1.
District Man Sentenced for Stabbing and Beating Girlfriend, Then Trying to Get Her to Drop the CaseRead the Press Release
WASHINGTON – Preston Fultz, 45, of the District, was sentenced today to thirty (30) months in prison for stabbing and beating his former girlfriend in Northeast Washington, and then trying to get her to drop the case against him, U.S. Attorney Jessie K. Liu announced today. Fultz was sentenced by the Honorable Todd E. Edelman. Once Fultz is released from prison, he will be on supervised release for three (3) years.
Fultz pleaded guilty in May 2019 to assault with a dangerous weapon – knife, assault with significant bodily injury and felony contempt of court. According to the government’s evidence, on November 5, 2018, during an argument with his then-girlfriend, he stabbed her in the thigh with a pocket knife. Then, on February 28, 2019, he hit her in the face with such force that her eyes swelled shut and she had to be hospitalized overnight at Medstar Washington Hospital Center so that ophthalmologists could try to assess the damage to her eyes. As a result of the beating, the woman had vision problems that lasted for at least several months. After his arrest on March 1, 2019, Fultz wrote a note to a friend, encouraging the friend to try to get another woman to persuade the victim to drop the case against him, even though the Court had previously ordered Fultz to have no contact – directly or indirectly – with the victim while the case was pending. Fultz’s note was found by Marshals when they searched the defendant as he was being transported from the D.C. Jail to the Superior Court.
In announcing the sentencing, U.S. Attorney Liu commended the work of the Sexual Assault Unit of the Metropolitan Police Department, the staff at Medstar Washington Hospital Center, and the District of Columbia Department of Forensic Sciences. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Paralegal Specialist Brenda C. Williams; Supervisory Victim Witness Service Coordinator Katina Adams-Washington; and Victim/ Witness Advocate Meshall Thomas.
Finally, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Grace B. Richards and Peter V. Taylor, who investigated and prosecuted this case.
District Man Pleads Guilty to Possessing Loaded Firearm While Trafficking NarcoticsRead the Press Release
WASHINGTON – Thomas Washington, 66, of Northeast, D.C., pled guilty today to possessing a firearm in furtherance of his drug trafficking, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Washington pled guilty before the Honorable Randolph D. Moss in the U.S. District Court for the District of Columbia to one count of possession of a firearm in furtherance of a drug trafficking offense. Washington faces a mandatory minimum of five years of incarceration and up to life imprisonment. Judge Moss scheduled Washington’s sentencing for October 11, 2019.
According to the government’s evidence, on July 8, 2018, members of MPD’s Narcotics and Special Investigations Division observed Washington conducting hand-to-hand drug transactions. After arresting Washington, where he possessed a stun gun and $3,067, MPD officers executed a search warrant at Washington’s residence that was located in the 4900 block of Nash Street, Northeast. During the execution of the search warrant, MPD officers recovered a High-Point model CF380 semi-automatic handgun in the dresser of the bedroom. The firearm was loaded with nine rounds of ammunition. Officers also recovered 6.5 grams of crack, a plate with residue, empty ziploc baggies, a digital scale, and $13,253.00.
When Washington was arrested for trafficking narcotics and possessing a firearm in the present case, he was on supervision with the U.S. Parole Commission following a 2012 D.C. Superior Court felony drug trafficking conviction. Washington also had two additional prior drug trafficking convictions and a prior involuntary manslaughter conviction.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case. They also cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialist Candace Battle, Legal Assistant Peter Gaboton, and Assistant U.S. Attorney Christopher Macchiaroli of the Violent Crime and Narcotics Section, who conducted the underlying investigation, indicted the case, and prosecuted the defendant.
Detroit Man Convicted of Conspiring to Distribute Opioids and Distribution of Fentanyl Resulting in DeathRead the Press Release
LEXINGTON, Ky. - A Detroit man was convicted late yesterday, by a federal jury sitting in Lexington, of conspiring to distribute both oxycodone and fentanyl and distribution of fentanyl resulting in an overdose death.
After approximately four hours of deliberations following a four-day trial, the jury convicted 43-year old Shannon D. Hixon of conspiring to distribute pills containing oxycodone and fentanyl and distribution of fentanyl resulting in the overdose death of K.F.
According to the evidence at trial, Hixon supplied thousands of Oxycodone 30 mg tablets to two individuals in Lexington, which were then transported to Morehead (Rowan County) and Salyersville (Magoffin County), Kentucky, and sold to lower-level dealers and users. Additionally, the testimony established that Hixon supplied heroin and fentanyl to a group of users in Lexington. This included supplying a lethal quantity of fentanyl to a middle man, who then distributed it to K.F., an Army veteran in rehab, causing the overdose death.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Christopher Evans, Special Agent in Charge, DEA Louisville Field Division; Chief Derrick Blevins, Morehead Police Department; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the jury’s verdict.
The investigation was conducted by the DEA, Morehead Police Department, and the Lexington Police Department. The United States was represented in the case by Assistant U.S. Attorney Roger W. West.
Hixon is scheduled to appear for sentencing on November 8, 2019. He faces a minimum of 20 years and a maximum of Life in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal statutes before imposing a sentence.
DACA Recipient Loses Status after Transporting Illegal AliensRead the Press Release
LAREDO, Texas – A 22-year-old Mexican national living in Laredo has been ordered deported following his conviction in a multi-agency, high-speed pursuit, announced U.S. Attorney Ryan K. Patrick.
Jose Yepez-Vega pleaded guilty April 29, 2019, to three counts of transporting an undocumented alien within the United States for financial gain, causing risk of serious bodily injury or death as well as one count of conspiracy.
Today, U.S. District Judge Diana Saldaña noted Yepez-Vega’s status as a recipient of the Deferred Action for Childhood Arrivals (DACA) policy has been revoked and he is to be deported back to Mexico. At the hearing, the court warned him to not come back to the United States.
On July 21, 2018, law enforcement agents observed a vehicle exit Interstate Highway 35 in an attempt to circumvent the checkpoint located at mile marker 29 north of Laredo. Yepez-Vega was driving. Authorities attempted to perform a traffic stop, but the vehicle failed to yield. More officers from various jurisdictions pursued the vehicle for more than 50 miles on Interstate 35. The fleeing vehicle exceeded speeds of 130 miles per hour before eventually losing control and pulling off the highway.
Authorities arrested Yepez-Vega, identified as a Mexican national and DACA recipient.
Three undocumented aliens from Mexico were located in his vehicle. All three admitted to paying between $4,000 - $6,000 to be smuggled into the United States and on to their final destinations of Texas, Wisconsin and Pennsylvania.
Yepez-Vega was sentenced to more than a year, his time in custody since his arrest.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol, Encinal Police Department, La Salle County Sheriff’s Office and the Texas Department of Public Safety. Assistant U.S. Attorneys Graciela Lindberg and Jennifer Day prosecuted the case.
D.C. Man Plead Guilty for 2006 Sexual Assault of Woman in Northwest D.C.Read the Press Release
WASHINGTON – Harold Luckett, 52, of the District of Columbia, plead guilty today for sexually assaulting a woman in November 2006, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Luckett plead guilty to one count of first-degree burglary and one count of first-degree sexual abuse before the Honorable Milton C. Lee. Sentencing is scheduled for September 6, 2019. The plea, which is contingent upon the Court’s approval, calls for a 15-year prison term. Luckett also will be required to register as a sex offender for life.
According to the government’s evidence, on November 10, 2006, at approximately 10:45 a.m., Luckett entered the victim’s apartment in the Woodley Park neighborhood of Washington D.C. Luckett was a stranger to the victim. Luckett pushed the victim to the floor and physically and sexually assaulted her. The victim yelled and fought back vigorously and, at some point, the defendant fled the apartment. The victim immediately called 911, and members of the Metropolitan Police Department responded promptly. In connection with the investigation, crime scene technicians clipped the victim’s fingernails for possible DNA evidence, and recovered the assailant’s baseball cap, which had fallen off during the struggle.
Luckett was identified as the perpetrator of this offense through a forensic match to the DNA profile that was developed from forensic testing of the baseball cap and the victim’s fingernail clippings. On January 17, 2018, the defendant was indicted on these charges and related offenses.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of MPD officers and detectives of the Second District, the K-9 Unit and the Sexual Assault Unit, and the continued efforts of detectives with the Cold Case Sexual Assault Unit. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including paralegals Tiffany Fogle and TJ McPhail.
Finally, they expressed appreciation for the work of Assistant U.S. Attorney Amy Zubrensky, who investigated and prosecuted the case.
Criminal Defense Attorney Sentenced to 60 Days of Confinement, Four Years of Probation, 80 Hours of Community Service, and Fined $2,000 for Making False Statements to the U.S. Bureau of PrisonsRead the Press Release
Earlier today, in federal court in Brooklyn, a criminal defense attorney, Scott Brettschneider, was sentenced by United States District Judge Carol B. Amon to 60 days of confinement in a community center, 4 years of probation, 80 hours of community service, and fined $2,000 for conspiring to make, and making, a false statement to the U.S. Bureau of Prisons (BOP). Brettschneider was convicted following a five-day jury trial in April 2019 for his role in writing a false letter to the BOP to assist an inmate to gain entry to a substance abuse program and thereby obtain an early release from prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.“Brettschneider has now been held accountable for breaking the law he had been sworn to uphold,” stated United States Attorney Donoghue. “This Office is committed to prosecuting those who defraud federal programs.” Mr. Donoghue extended his grateful appreciation to the FBI, which led the investigation, and thanked the Queens District Attorney’s Office for their assistance in the case.
Brettschneider and two co-defendants agreed to prepare and submit a fraudulent letter to the BOP about the drug treatment history of inmate Richard Marshall - Brettschneider’s client and a source of client referrals. If successful, their scheme would have resulted in Marshall’s gaining entry to the Residential Drug Abuse Program in prison, and potential early release from custody. Brettschneider tasked his part-time paralegal, Reginald Shabazz-Muhammad, with the job of writing the fraudulent letter, and co-defendant Charles Gallman acted as the middleman between Marshall and Brettschneider.Marshall pleaded guilty to conspiracy to make false statements, and was sentenced on October 6, 2018 to three years’ probation and a fine of $1,500. Shabazz-Muhammad pleaded guilty to making false statements, and was sentenced on January 30, 2019 to two years’ probation and a fine of $1,000. Gallman pleaded guilty to conspiracy to make false statements and to violating the Travel Act for bribing a witness, and was sentenced on March 20, 2019 to three years’ imprisonment.
The government’s case is being handled by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Andrey Spektor, Lindsay K. Gerdes and Margaret Gandy are in charge of the prosecution.
The Defendant:
SCOTT BRETTSCHNEIDER (also known as “Mighty Whitey”)
Age: 62
Mint Hill, North Carolina
Defendants Who Previously Pleaded Guilty and Were Sentenced:
CHARLES GALLMAN (also known as “T.A.”)
Age: 57
Queens, New York
RICHARD MARSHALL (also known as “Love”)
Age: 57
Charlotte, North Carolina
REGINALD SHABAZZ-MUHAMMAD
Age: 63
Queens, New York
E.D.N.Y. Docket No. 18-CR-123 (CBA)Convicted Felon Pleads Guilty to Gun and Drug ChargesRead 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 Lattrell Terry, 35, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute fentanyl, and possession of firearm with altered, obliterated or removed serial number. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that on November 20, 2018, Monroe County Probation Officers performed a routine search of the defendant’s residence located at 92 Rexford Street in Rochester. Terry was on probation following his conviction on a drug charges in Rochester City Court.
The defendant led the probation officers to his bedroom. During their search, officers located what appeared to be a bundle of heroin and/or fentanyl, ammunition, approximately $3,316 in United States currency, and numerous new and unused baggies commonly used to package controlled substances for individual sale. As a result, investigators applied for a search warrant.
The search warrant was executed later that day at which time officers found approximately 566 individually packaged baggies of fentanyl, as well as several larger bags of fentanyl. Law enforcement also found approximately 14 grams of cocaine, numerous new and unused baggies commonly used to package controlled substances for individual sale, and other paraphernalia associated with the illegal sale of controlled substances. Also found was a 9mm semi-automatic pistol, loaded with 15 rounds in a magazine and 1 round in the chamber of the firearm. The firearm was reported stolen out of Florida in 2016. The serial number had numerous scratches across its surface, constituting an altered and obliterated serial number.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Department of Probation, under the direction of Chief Probation Officer Larry Mattle; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for October 30, 2019, at 10:30 a.m. before Judge Wolford.
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Columbus Man Sentenced to 10 Years in Prison for Stealing More Than 35 Vehicles and Selling Their PartsRead the Press Release
COLUMBUS, Ohio – A Columbus man was sentenced in U.S. District Court today to 120 months in prison for stealing at least 35 vehicles and earning more than half a million dollars by selling their parts.
James A. Imes, 50, was sentenced today for operating a chop shop, trafficking in motor vehicle parts, removing or altering vehicle identification numbers and releasing refrigerant chemicals into the environment.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ohio Attorney General Dave Yost, Ohio Environmental Protection Agency Director Laurie A. Stevenson and Franklin County Prosecutor Ron O'Brien announced the sentence handed down today by Senior U.S. District Judge James L. Graham.
According to court documents, from January 2013 until April 2014, Imes stole at least 35 vehicles to dismantle them and sell their parts throughout the Midwest, earning $10,000 to $15,000 per week. He and his associates operated chop shops in three locations on the West side of Columbus to traffic the car parts.
Imes told investigators he was renting three separate garage spaces and running a business “disguised as a diesel mechanic shop, but it’s obviously not.” He said the true purpose of the business was to “cut up stolen trucks.”
Two of the vehicles were kept for personal use, and the rest were sold as parts or scrap to salvage yards. More valuable parts were sold on Craigslist through posts advertised in cities across Ohio, Indiana, Kentucky, Pennsylvania, Michigan and West Virginia.
During the destruction of the vehicles, HCFC refrigerant chemicals were released into the atmosphere when vehicle air conditioning tubes were cut.
U.S. Attorney Glassman commended the cooperative investigation by the Ohio Bureau of Criminal Investigation (BCI) and Ohio EPA Special Investigations Unit, as well as the assistance from the Franklin County Sheriff’s Office, Columbus Division of Police Auto Theft Unit and Ohio State Highway Patrol Theft and Fraud Unit. Assistant United States Attorneys Jonathan J.C. Grey and J. Michael Marous and Special Assistant United States Attorney Heather Robinson are representing the United States in this case.
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Colorado Tax Defier Convicted of Tax EvasionRead the Press Release
A Colorado tax defier was convicted of tax evasion yesterday by a federal jury in Denver announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Jason R. Dunn for the District of Colorado.
According to court documents and evidence presented during the one-week trial, Lawrence Martin Birk founded a sole proprietorship, Tarryall River Log Homes LLC, in 2000. He ran the company, which sold and built log homes. For more than twenty years, Birk did not voluntarily pay federal income taxes. After the Internal Revenue Service (IRS) began collection efforts, including visiting Birk at his home, he hired a tax firm to prepare eight years’ worth of delinquent tax returns. However, Birk concealed pertinent information from the tax firm, including over $400,000 of retirement distributions that he funneled through a sham company. After filing his tax returns, which omitted the retirement income, Birk did not pay what the returns claimed was due and owing. Instead, he sent the IRS threatening correspondence that espoused the frivolous tax arguments of known tax defier organizations, including the “We The People” foundation and the “Tax Honesty” movement.
After being notified that the IRS intended to seize money from his bank accounts for taxes owed, Birk took steps to shield his money against the IRS’ collection efforts. Immediately or shortly after depositing funds into his bank account, Birk purchased cashier’s checks to reduce his balance and impede the IRS’ ability to seize the money. Birk’s outstanding tax liabilities, including taxes, interest, and penalties, were over $2 million for 1998 to 2005. He has not filed returns or made any tax payments for the 2006 through 2018 tax years.
Principal Deputy Assistant Attorney General Zuckerman and United States Attorney Dunn commended special agents of IRS-Criminal Investigation, who conducted the investigation, as well as Department of Justice Tax Division Assistant Chief Elizabeth C. Hadden and Trial Attorney Christopher Magnani, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Co-Leader of Large Drug Trafficking Organization Sentenced to more than 11 Years in PrisonRead the Press Release
A 38-year-old Seattle man who persisted in trafficking methamphetamine, heroin, and cocaine, despite repeated run-ins with law enforcement, was sentenced today in U.S. District Court in Seattle to 11 years in prison and 5 years of supervised release, announced U.S. Attorney Brian T. Moran. MICHAEL LAVON DAVIS pleaded guilty to conspiracy to distribute controlled substances, being a felon in possession of a firearm, and conspiracy to commit money laundering. DAVIS was arrested in June 2018 as part of a large drug trafficking conspiracy that spanned five western Washington counties. DAVIS was identified as a co-leader of the group, recruiting others to transport heroin, methamphetamine, and cocaine from California to Washington and Illinois. At the sentencing hearing, U.S. District Judge Richard A. Jones said this was “a very large drug trafficking organization… you were a critical player in the organization… one of several key people who kept this organization afloat.”
“This defendant persisted in bringing cocaine and heroin into our community and recruited others to his life of crime,” said U.S. Attorney Brian T. Moran. “In this investigation more than 40 defendants were taken off the streets and are now paying the price for the poison they spread in our communities. We owe a debt of gratitude to the relentless work of federal, state, and local law enforcement officers who brought an end to this criminal conspiracy.”
The drug ring was targeted by DEA, FBI, and the Seattle Police Department as part of an effort to combat rising crime in South King and North Pierce County. According to records filed in the case, conspirators trafficked cocaine, heroin, methamphetamine, oxycodone, illegal marijuana, and fentanyl. Associates of some of the traffickers were shot and some killed in various shooting incidents in both Seattle and South King County. On the wiretap, law enforcement heard conspirators talk about various shootings after they occurred. Following an 18-month wiretap investigation, law enforcement raided more than 50 locations, seizing 12 pounds of heroin, more than 2 kilos of cocaine, a pound of methamphetamine, 124 pounds of marijuana, 41 firearms, and hundreds of thousands of dollars in cash.
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. DOJ reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. This investigation was led by the Seattle Police Department Gang and Narcotics Units, the FBI Seattle Safe Streets Task Force, and the Drug Enforcement Administration (DEA). Other agencies providing investigative assistance include ATF, USMS, and the U.S Bureau of Prisons.
The cases are being prosecuted by Assistant United States Attorneys Vince Lombardi, Erin Becker, and Nicholas Manheim.
California Man Pleads Guilty to Sending Death Threats to Dozens of Professional and College AthletesRead the Press Release
BOSTON – A former college soccer player pleaded guilty today in federal court in Boston to sending death threats to at least 45 professional and collegiate athletes between July and December 2017.
Addison Choi, 23, of Fullerton, Calif., pleaded guilty to one count of transmitting in interstate and foreign commerce a threat to injure the person of another. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Nov. 1, 2019. Choi was charged in May 2019.
In 2017 Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate, and he lost more than he won. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.” Choi also posted threats on the accounts of athletes’ loved ones.
In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.”
Between July 2017 and December 2017, Choi allegedly posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.
Choi faces a sentence of up to five years in prison, three years of supervised release, restitution and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, are prosecuting the case.
Caldwell Man Sentenced to 78 Months in Prison for Possession of Child PornographyRead the Press Release
BOISE – Brien J. Sanders, 40, of Caldwell, was sentenced yesterday in United States District Court to 78 months in federal prison for possession of child pornography, U.S. Attorney Bart M. Davis announced. Senior U.S. District Judge Edward J. Lodge ordered that Sanders be placed on supervised release for five years following his prison sentence. Sanders pleaded guilty on April 3, 2019.
According to court records, in April 2018, an FBI agent downloaded 27 videos depicting child pornography that were made available by Sanders’ computer via a peer-to-peer network. A federal magistrate judge issued a search warrant for Sanders’ residence in Caldwell. Based on this information, agents with the FBI and the Idaho Internet Crimes Against Children Task Force (ICAC) served the warrant. A forensic examination of Sanders’ computers and hard drives revealed approximately 600 videos and 350 images depicting child pornography. Sanders admitted to agents that he possessed child pornography on his computers and hard drives. He admitted he obtained the child pornography through a peer-to-peer network.
Judge Lodge also ordered Sanders to forfeit the computers and hard drives used in the offense, to pay a total of $21,000 to victims depicted in the images he possessed, and to pay a $5,100 special assessment. As a result of his conviction, Sanders will be required to register as a sex offender.
The case was investigated by the FBI with assistance from the Idaho ICAC Task Force, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab
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Business Pleads Guilty to Unlawful Employment of an AlienRead the Press Release
U.S. Attorney Peter G. Strasser announced that N & F Logistics, Inc., a shipping and trucking business located in Harahan, Louisiana, pleaded guilty to a one-count bill of information charging it with unlawful employment of an alien in violation of 8 U.S.C. '' 1324a (a)(1)(A) and (f)(1).
According to the bill of information, N & F Logistics, Inc., unlawfully employed an alien from in or about February 2013 through August 2014.
If convicted, N & F Logistics, Inc., faces a maximum fine of up to $10,000.00 and a $50.00 special assessment. U.S. District Judge Wendy B. Vitter set sentencing for October 15, 2019.
The United States Department of Homeland Security, Immigration and Customs Enforcement in investigated this matter. Assistant United States Attorney Irene González is in charge of the prosecution.