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9 September 2019
Suburban Man Sentenced to More Than 8 Years in Prison for Using Stolen Credit CardsRead the Press Release
CHICAGO — A suburban Chicago man has been sentenced to eight and a half years in federal prison for using thousands of stolen credit cards to purchase luxury goods and services.
CAMERON YORK bought credit card account numbers, Social Security numbers, and other personal identifying information from online sellers, sometimes paying in Bitcoin. He then used the stolen information to make thousands of dollars in fraudulent charges for various items, including a Jaguar XJL and shoes from luxury brands Maison Margiela, Balenciaga and Louis Vuitton. York also opened accounts at ComEd and Nicor Gas in the names of identity theft victims, racking up unpaid utility balances.
York, 28, of Stone Park, pleaded guilty earlier this year to charges of wire fraud, money laundering, and aggravated identity theft. U.S. District Judge Sharon Johnson Coleman imposed the 102-month sentence after a hearing Sept. 4, 2019, in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kathy A. Enstrom, Special Agent-in-Charge of the Chicago office of the Internal Revenue Service Criminal Investigation Division; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Eddie Johnson, Superintendent of the Chicago Police Department. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided valuable assistance. The government was represented by Assistant U.S. Attorney Michelle Petersen.
York’s fraud scheme began in 2015 and continued until 2018. Evidence in the case revealed that York wired or caused to be wired approximately $164,598 to the online sellers to purchase the stolen information. In exchange, York received at least 8,796 unique credit card account numbers, of which he attempted to use at least 4,800 to make purchases. York often bought expensive items at high-end retail stores and then boasted about his purchases on social media. In some of the postings, York is shown wearing the items or commenting on his luxury lifestyle.
Staten Island Attorney Richard Luthmann Sentenced to Four Years in Prison for Fraud and Extortion ConspiraciesRead the Press Release
Richard Luthmann, an attorney licensed by the State of New York, was sentenced today by United States District Judge Jack B. Weinstein to four years’ imprisonment for his convictions on one count of wire fraud conspiracy and one count of extortion conspiracy. Luthmann was also ordered to pay $500,000 in restitution and $130,000 in forfeiture. Luthmann pleaded guilty to the charges on March 18, 2019.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jonathan Carson, Special Agent-in-Charge, U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office, announced the sentence.
“With today’s sentence, Luthmann has been held accountable for using his law practice as a launching pad for his schemes to defraud businesses in the United States and abroad, and to extort a former client, all for the purpose of lining his pockets,” stated United States Attorney Donoghue. Mr. Donoghue extended his appreciation to the Department of Homeland Security, Homeland Security Investigations, the New York City Police Department and the Social Security Administration for their assistance in the investigation.
“Our legal system works because everyone believes attorneys are going to be honest brokers of justice. Mr. Luthmann’s actions, defrauding and extorting his victims, chip away at the foundations of that system and cannot be tolerated,” stated FBI Assistant Director-in-
Charge Sweeney. “The FBI New York Joint Organized Crime Task Force did an outstanding job in this investigation stopping a criminal who thought he could use his knowledge of the law to skirt it.”“This successful prosecution is the result of outstanding collaborative efforts by the Office of Export Enforcement, the FBI, the Justice Department and our other law enforcement partners,” stated Department of Commerce Special Agent-in-Charge Carson. “Engaging in export fraud scams and falsifying export records are matters we take seriously. We will continue to pursue violators who jeopardize fair and secure trade.”
In the summer of 2015, Luthmann and his co-conspirators formed multiple shell companies, ostensibly to sell scrap metal and recycled products to U.S. and foreign customers. Rather than conducting legitimate scrap metal businesses, the conspirators deceived customers by contracting to sell them scrap metal, receiving payment on their orders and then intentionally failing to make delivery of the material. After an aggrieved customer threatened to report Luthmann and his co-conspirators to the police, the conspirators changed tactics and began shipping worthless filler materials, including concrete and road barriers to customers who had contracted to buy valuable copper and other scrap metal. In the course of a few months in 2015, Luthmann and his co-conspirators made more than $500,000 in fraudulent sales.
In an effort to conceal the fraudulent scheme, Luthmann registered the shell companies with the New York Department of State, recruited a client of his law practice, who was blind and living on public assistance, to be the nominal president of one of the shell companies and directed payments from the fraudulent sales through his law firm’s accounts. Luthmann and his co-conspirators then split the fraud proceeds at Luthmann’s law office.
In December 2016, Luthmann and his co-conspirators began an extortion scheme directed at one of his former clients, who had participated in the scrap metal fraud. Luthmann invited the former client to meet at his law office in Staten Island, ostensibly to sign legal paperwork. Luthmann was not present when the former client arrived, but two of his co-conspirators were. One of them threatened the former client with what appeared to be a handgun and demanded the $10,000 owed.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney James P. McDonald is in charge of the prosecution.
The Defendant:
Richard Luthmann
Age: 39
Staten Island, New YorkE.D.N.Y. Docket No. 17-CR-664 (JBW)
South Texas Man Sentenced for Smuggling More Than 30 pounds of DrugsRead the Press Release
CORPUS CHRISTI, Texas – A 45-year-old Brownsville man has been ordered to federal prison following his conviction of possession with the intent to distribute more than a kilogram of methamphetamine and 15 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.
Arturo David Aguilar pleaded guilty May 30, 2019.
Today, US. District Judge Nelva Gonzales Ramos ordered Aguilar to serve 120 months in prison to be immediately followed by five years of supervised release. On supervised release for a previous methamphetamine conviction, the court revoked the remainder of that term and ordered he serve an additional six months to be served concurrently.
In handing down the sentence, the court noted Aguilar had just been released from prison when he committed this new offense. On April 6, 2019, Aguilar approached the Falfurrias checkpoint in a Greyhound bus traveling northbound on Interstate Highway 281. The bus was referred to secondary inspection where a K-9 alerted to a black suitcase that belonged to Aguilar. The suitcase contained multiple bundles of methamphetamine and marijuana.
Authorities ultimately discovered a total of 15 kilograms of marijuana and 1.28 kilograms of methamphetamine, respectively. The drugs have an estimated street value of $100,000.
Aguilar will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with the assistance of BP. Assistant U.S. Attorney Neel Kapur is prosecuting the case.
South Florida Woman Sentenced to Prison and Ordered to Pay $1.6 Million in Restitution for “Fortune Telling” Fraud SchemeRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office announced that a South Florida woman was sentenced to prison and ordered to pay $1.6 million in restitution for orchestrating a fraud scheme involving “fortune telling.”
Sherry Tina Uwanawich, a/k/a “Jacqueline Miller,” 28, was sentenced on September 6, 2019, to 40 months’ incarceration by U.S. District Judge Rodolfo A. Ruiz (Case No. 18CR80235). Uwanawich had previously pleaded guilty to one count of wire fraud.
According to the court docket, including the agreed upon factual proffer, the defendant was holding herself out as a psychic/fortune teller when she met a female victim in Houston, Texas in 2007. Uwanawich gained the trust of the victim and convinced her that a curse had been placed on her and her family. The defendant claimed she needed large sums of money to purchase items, such as crystals, candles and the like, which were needed for meditation work in order to lift the curse. Failure to do so, the victim was led to believe, would result in harm to her and family. The relationship between the victim and Uwanawich continued for years, even after the defendant had moved to South Florida, and during that time the victim was induced to give up approximately $1.6 million dollars. The scheme came to an end in early 2014, when Uwanawich admitted to the victim there had been no curse.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI. This case was prosecuted by Assistant U.S. Attorney Roger H. Stefin.
Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Sissonville Man Pleads Guilty to Escape from Halfway HouseRead the Press Release
CHARLESTON, W.Va. – A Sissonville man pled guilty to escape, announced United States Attorney Mike Stuart. Edward Lee Lewis, 51, pled guilty to escaping from Dismas Charites, a halfway house, in St. Albans, West Virginia.
“Escape attempts are a bad idea,” said United States Attorney Mike Stuart. “U.S. Marshals will always find you. And then my office will prosecute you.”
Lewis admitted that on December 20, 2018, he was lawfully confined at Dismas Charities in St. Albans, West Virginia, at the direction of the Attorney General by virtue of a revocation of supervised release and judgment order of the United States District Court for the Southern District of West Virginia. On January 17, 2019, at approximately 4:50 p.m., Dismas staff were unable to locate Lewis and notified the United States Marshals Service. Lewis was given permission to leave Dismas earlier in the day to look for employment with instructions to return no later than 4:30 p.m., but he did not return as instructed. At the time Dismas staff were unable to locate him, Lewis did not have authority to be absent from the Dismas Charities facility. On January 22, 2019, a federal warrant was issued for Lewis’ arrest for escape. On July 19, 2019, Lewis was arrested by the United States Marshals Service the outstanding arrest warrant.
Lewis faces up to five years in prison when sentenced on December 5, 2019.
The United States Marshals Service conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Monica D. Coleman is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
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Senior Maryland MS-13 Gang Leader Sentenced to 260 Months in Federal Prison for A Violent Racketeering Conspiracy, Including Attempted MurderRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Jose Augustin Salmeron-Larios (a/k/a Joseph Morales-Martinez, Angel Salvador Gutierrez, Yankee, and Kean), age 26, of Severn, Maryland, to 260 months in federal prison, followed by five years of supervised release, for a conspiracy to participate in a racketeering enterprise known as La Mara Salvatrucha, or MS-13; attempted murder in aid of racketeering; and using and carrying a firearm during and in relation to a crime of violence.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jesse Fong of the Drug Enforcement Administration - Washington Field Division; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI); Acting Chief Marcus Jones of the Montgomery County Police Department; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Aisha N. Braveboy; and Montgomery County State’s Attorney John McCarthy.
“As the founder and leader of the MS-13 gang’s “Maryland Program,” Salmeron-Larios organized and coordinated violence, drug trafficking, and extortion among six MS-13 cliques operating in the Maryland area,” said U.S. Attorney Robert K. Hur. “His arrest and conviction helped to dismantle the gang’s effort to make MS-13 operations in Maryland more organized, efficient, and deadly. Now Salmeron-Larios will spend more than 21 years in federal prison, where there is no parole—ever.”
MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively to engage in criminal activity and to assist one another in avoiding detection by law enforcement. In Maryland and the surrounding area, these cliques include Parkview Locos Salvatrucha (“PVLS”), Normandie Locos Salvatrucha (“NLS” or “Normandie”), Sailors Locos Salvatrucha Westside (“SLSW” or “Sailors”), Langley Park Salvatrucha (“LPS”), Weedoms Locos Salvatrucha (“Weedoms”), and Cabanas Locos Salvatruchas (“Cabanas”). MS-13 cliques often combine and work together as “Programs,” with the purpose of increasing the gang’s levels of organization, violence, extortion, and other criminal activity. A person within the participating cliques is selected as the Program leader.
To protect the gang and to enhance its reputation, MS-13 members and associates are expected to use any means necessary to force respect from those who show disrespect, including acts of intimidation and violence. MS-13’s creed is based on one of its mottos, “Mata, roba, viola, controla,” which translates to, “kill, steal, rape, control.”
According to his plea agreement, from at least January 2015 through September 2016, Salmeron-Larios was a member of the PVLS clique and served as the MS-13 Maryland Program Leader. Salmeron-Larios admitted to participating in numerous acts in furtherance of the racketeering conspiracy.
For example, in April 2015, Salmeron-Larios and other MS-13 members and associates traveled to New York, met with MS-13 members there, and discussed MS-13 business. Salmeron-Larios admitted that on November 7, 2015, he and other MS-13 members and associates traveled to Hyattsville, Maryland, intending to murder Victim 1, who was believed to be a member of the rival 18th Street Gang. Two MS-13 co-conspirators lured Victim 1 to a location in Hyattsville. Salmeron-Larios and two MS-13 co-conspirators, all armed with firearms, went to the meeting location. Salmeron-Larios and the armed MS-13 co-conspirators got out of the car while another MS-13 accomplice waited in the vehicle. The victim arrived in a car driven by another person and one of Salmeron-Larios’s MS-13 co-conspirators fired his handgun into the vehicle, attempting to kill Victim 1, who was struck in the face by one of the gunshots. Salmeron-Larios and his accomplices returned to their vehicle and left the area. The guns used during this crime, including the gun possessed by Salmeron-Larios, were taken to the residence of the co-conspirator who shot Victim 1. Victim 1 survived the shooting but lost an eye, sustained loss of hand and leg function, and was permanently disfigured as a result of the shooting. Salmeron-Larios participated in the shooting in order to gain entrance to, maintain, and increase his position in MS-13.
Salmeron-Larios admitted that in January 2016, he traveled to Florida and obtained firearms, which were distributed to MS-13 members for use in Maryland. In addition, during the time of the conspiracy, Salmeron-Larios possessed and distributed controlled substances, including cocaine, for the benefit of MS-13. Finally, on June 8 and June 9, 2016, Salmeron-Larios discussed an attack upon suspected rival gang members with other MS-13 members. During several conversations, Salmeron-Larios discussed providing a firearm to a member of the Sailors Clique to be used against rival gang members in the area of 23rd Avenue in Langley Park “by the towers.” Salmeron-Larios instructed one individual where to find the loaded gun, and instructed another MS-13 member to loan a gun to a member of the Sailors Clique.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the DEA; HSI Baltimore, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s County State’s Attorney’s Office, and the Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Hur also recognized the Montgomery County and Prince George’s County Departments of Corrections, HSI Baltimore’s Operation Community Shield Task Force, and the Maryland Department of Corrections Intelligence Unit for their assistance. Mr. Hur thanked Assistant United States Attorneys William D. Moomau, Catherine K. Dick, and Burden H. Walker, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Rensselaer Man Sentenced to 20 Years for Distribution and Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Bruce Williams, age 38, was sentenced today to 240 months in prison for distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, Williams admitted that he knowingly received and distributed child pornography over the internet using peer-to-peer file sharing software. A search warrant executed at Williams’s house revealed that he possessed, on electronic devices, 122 video files and 400 image files that depicted child pornography.
Senior United States District Judge Thomas J. McAvoy also imposed a life term of supervised release, which will start after Williams is released from prison, and ordered a payment of $5,000 in restitution to child pornography victims. As a result of his conviction, Williams will be required to register as a sex offender upon his release from prison.
This case was investigated by the New York State Police-Computer Crimes Unit, Colonie Police Department, Rensselaer Police Department, and the FBI. The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Presque Isle Man Pleads Guilty to Counterfeiting ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Derek Mendoza, 24, of Presque Isle, Maine, pleaded guilty today in U.S. District Court to one count of passing counterfeit currency and one count of attempting to pass counterfeit currency.
According to court records, in December 2018, an individual from Presque Isle listed a futon for sale on Facebook Messenger. The seller was contacted by the defendant’s girlfriend and agreed to sell the futon for $75. On December 4, 2018, the defendant and his girlfriend arrived at the seller’s residence, purchased the futon with a $100 bill, loaded the futon into a car, and drove away. The seller noticed that the $100 appeared to be irregular and later confirmed with law enforcement that it was counterfeit.
On December 10, 2018, the defendant was shopping for merchandise at the Cigaret Shopper in Presque Isle. The defendant subsequently attempted to pay for the merchandise with four $50 bills. The cashier checked the bills with a marker and determined them to be counterfeit. The cashier gave the bills back to the defendant and advised him that the store would not accept them. The defendant then walked out of the store with the four bills. The entire transaction was captured on store video.
Mendoza faces up to 20 years in prison and a $250,000 fine on each count. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Presque Isle Police Department and the United States Secret Service.
Paterson Police Officer Admits Conspiring to Violate Civil Rights, Using Excessive Force, and Filing A False Police ReportRead the Press Release
NEWARK, N.J. – A City of Paterson police officer today admitted conspiring with other officers to violate the civil rights of individuals in Paterson, using unreasonable and excessive force against individuals in Paterson, and filing a false police report to conceal his criminal activity, U.S. Attorney Craig Carpenito announced.
Eudy Ramos, 32, of Paterson, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to Counts 1 and 7 of an indictment against him, charging him with conspiracy to violate individuals’ civil rights and filing a false police report. Ramos also pleaded guilty to an information charging him with using unreasonable and excessive force in violation of individuals’ civil rights.
According to documents filed in this and other cases and statements made in court:
Ramos, along with other Paterson police officers, including Jonathan Bustios, Daniel Pent, Matthew Torres, Frank Toledo, and others, stopped and searched motor vehicles, without justification, and stole cash and other items from the occupants. Ramos and the other officers also stopped and searched individuals on the streets of Paterson, and illegally took their money. He and other officers also arrested individuals in Paterson, seized cash from them during the arrests, and split the cash proceeds among themselves. To cover up their criminal activity, Ramos and his fellow officers then filed false police reports. Ramos admitted to the following instances of illegal conduct:
• On Feb. 1, 2017, Ramos and Pent stopped and searched a vehicle in Paterson. They stole approximately $10,000 from the passenger of the vehicle and split it between themselves. Ramos and Pent then submitted an incident report to the Paterson Police Department in which they intentionally omitted any mention of the $10,000 theft.
• On Dec. 1, 2017, Ramos and Bustios stopped and searched an individual on a street corner in Paterson and stole approximately $1,000 from the individual. After the theft, a video of a portion of the encounter was posted to Twitter by a third party.
• On Dec. 2, 2017, Ramos and Toledo arrested an individual. During the arrest, they stole $1,000 from the individual and split the proceeds.
• On Dec. 7, 2017, Torres and Ramos conducted a vehicle stop in Paterson. They searched the vehicle, the driver, and the passenger, who had approximately $3,100 and marijuana. Ramos told the passenger that instead of charging the passenger with distribution of marijuana they could take $500 from the passenger and have the passenger sign a piece of paper. Ramos then purportedly placed a call to his superior and told the passenger that the superior officer said it had to be $800. Ramos took out a piece of white paper, wrote something on it, and told the passenger to sign it. Ramos and Torres released the driver and passenger and shared the stolen cash proceeds. They did not report the stop and search of the vehicle and its occupants, or the cash seizure, to the Paterson Police Department.
• On Feb. 20, 2018, Ramos and Bustios stopped and searched a vehicle and detained the driver and passenger of the vehicle. They stole a bag containing approximately $1,800 from the car. They then agreed to meet at Peach and Plum streets in Paterson, a location with no camera, where Bustios passed a portion of the illegally seized cash to Ramos through the window of Bustios’ police car. Bustios and Ramos did not report to the Paterson Police Department the fact that they had stopped and searched the vehicle, detained and searched its occupants, and taken cash, all without legal justification.
• On March 5, 2018, Ramos and Torres stopped and searched a vehicle, without legal basis. The occupants of the encounter filmed the encounter and posted the video to Instagram. They asked Ramos his basis for conducting the vehicle stop, and Ramos responded, “Random stop.” Ramos did not locate any cash inside the vehicle and departed the scene without taking anything.
While on official duty, Ramos also routinely used unreasonable and excessive force in his encounters with individuals in Paterson, causing them bodily harm:
• Ramos and other officers routinely delivered a “running tax” to individuals they arrested. If an individual ran from them, Ramos and others would “tax” the individual by striking the individual multiple times, causing bodily injury.
• On Jan. 20, 2015, Ramos and Pent received a call regarding loud music coming from a vehicle on Doremus Avenue in Paterson. They approached an individual in the vehicle, removed him, and began punching and kicking him. The individual suffered bodily injury, including eye injuries, as a result of Ramos’ and Pent’s excessive force.
• On Sept. 7, 2016, Ramos placed a handcuffed individual in the backseat of his police car, without a seatbelt, to transport the individual to Paterson Police Department headquarters. Ramos then depressed the brakes on his police car and forced the individual to slam his head against the divider in the backseat of the police car, a tactic known as “brake-checking.” After the individual slammed his head on divider, Ramos jokingly said, “What happened, man? You gotta put your seatbelt on.” Ramos recorded a video of this incident.
• On March 2, 2017, Ramos and Bustios were dispatched to a call regarding stolen property located in a vehicle in a parking garage. The individual who had stolen the property (Individual 1) was sitting in the vehicle. The individual whose property had been stolen (Individual 2) was angry and told Ramos and Bustios that he wanted to take a swing at Individual 1. Ramos and Bustios allowed him to do so. While Ramos and Bustios watched, Individual 2 punched Individual 1, who fell to the ground and hit his head, causing bodily injury. Bustios filmed the encounter.
The conspiracy to violate civil rights and the deprivation of civil rights charges each carry a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each count is $250,000. Sentencing is scheduled for Jan. 8, 2020.
Bustios pleaded guilty in December 2018 to conspiring to deprive individuals of their civil rights and to extortion under color of official right. Torres pleaded guilty in May 2019 to conspiring to deprive individuals of their civil rights and to filing a false police report. His sentencing is scheduled for Nov. 18, 2019. Toledo pleaded guilty in July 2019 to conspiring to deprive individuals of their civil rights, to using unreasonable and excessive force against individuals in Paterson, and to filing a false police report. His sentencing is scheduled for Oct. 22, 2019. On March 26, 2019, Pent was charged by complaint with conspiring to deprive individuals of their civil rights. The charge and allegations against him are merely accusations and he is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory Ehrie in Newark, with the investigation leading to today’s arrest. He also thanked the Passaic County Prosecutor’s Office, under the direction of Passaic County Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Police Chief Troy Oswald, and the Paterson Police Department Office of Internal Affairs, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division of the U.S. Attorney’s Office.
Defense counsel: Miles Feinstein Esq., Clifton, New Jersey
Osceola County Resident Sentenced to 30 Years in Prison for Attempting to Entice a Minor to Engage in Sexual ActivityRead the Press Release
Christopher Lee Cumberland, of Osceola County, Florida was sentenced on September 6, 2019, by U.S. District Judge Roy K. Altman to 365 months in prison, to be followed by a lifetime of supervised release after previously pleading guilty to attempting to entice a minor to engage in sexual activity (Case No. 19CR60094).
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI) made the announcement.
According to the court docket, including the agreed upon factual proffer, on March 28, 2019, a law enforcement officer acting in an undercover capacity observed that Cumberland posted a message on an internet group messaging forum that used language commonly associated with individuals seeking children for sexual purposes. The undercover made contact with Cumberland online. Between March 28, 2019 and April 10, 2019, the undercover and Cumberland exchanged more than 500 messages.
During the communications, Cumberland expressed an interest in meeting in person so that he could engage in sexual activity with a minor. Later, Cumberland met with the undercover agent in the Southern District of Florida with the intent to commit a sex act with a minor.
Cumberland also admitted that he had sexual contact with numerous minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI’s Child Exploitation Task Force in this matter. This case was prosecuted by Special Assistant U.S. Attorney Catherine Koontz.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Ohio couple admits to filing inaccurate bankruptcy claimRead the Press Release
WHEELING, WEST VIRGINIA – Larry E. Brown and Jacinta Jo Brown, both of Wintersville, Ohio, have admitted to a false bankruptcy charge, United States Attorney Bill Powell announced.
Larry Brown, age 68, and Jacinta Brown, age 65, each pled guilty to one count of “False Bankruptcy Declaration.” The Browns admitted to fraudulently omitting an interest in an ongoing claim against a corporation, as required by law.
The Browns each face up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jeffrey A. Finucane is prosecuting the cases on behalf of the government.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
O.C. Business Owner Faces Tax Evasion Charge Related to Nearly $30 Million Owed to IRS on Payroll Taxes Withheld from EmployeesRead the Press Release
SANTA ANA, California – An Orange County business owner is named in a federal grand jury indictment unsealed today that charges him with tax evasion for failing to pay to the Internal Revenue Service nearly $30 million in payroll taxes, penalties and interest related to money that had been withheld from the salaries of employees of his various temporary worker companies.
Luis E. Perez – who has maintained residences in Anaheim Hills, Yorba Linda and Dove Canyon – is charged with one felony count of tax evasion in an indictment returned by a grand jury on August 28.
Perez’s companies – which include Checkmates Staffing Inc.; Staffaide Inc.; BaronHR, LLC; and Fortress Holding Group, LLC – were required to withhold taxes from employee wages and to pay the withheld amounts to the IRS on a periodic basis. These withheld taxes, sometimes known as “trust fund taxes,” include income taxes and Federal Insurance Contributions Act (FICA) taxes that fund Social Security and Medicare.
The indictment alleges that for the tax years 2001, 2002, 2003, 2006, 2007, 2008 and 2010, Perez’s companies failed to pay the IRS the payroll taxes, including trust fund taxes that Perez’s companies withheld from employees’ paychecks. Beginning in June 2007, the IRS attempted to collect Perez’s outstanding tax liability, including penalties and interest. By February 2017, the outstanding balance had grown to $29,593,378, which included the unpaid taxes, interest and the “Trust Fund Recovery Penalty.”
The indictment alleges that Perez attempted to thwart the IRS’s collection efforts by purchasing luxury items – including numerous cars and a boat – and concealing his ownership by placing the titles of these items in the names of his businesses and other individuals. Those luxury items included a 2005 Ferrari 360 Spider F, a 2007 Rolls Royce Phantom, a Duffy D 22 Bay Island boat, a 2011 Mercedes-Benz SLS, a 2015 Mercedes-Benz G-Class, and a 2014 Lamborghini Aventador.
As part of his efforts to impede the IRS, Perez allegedly made false statements to IRS revenue officers during interviews and failed to include material information in documents submitted to the IRS. For example, Perez falsely claimed that he received a salary of only $1,000 per week from BaronHR and he did not receive any other funds from the company, according to the indictment.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
Perez is expected to be arraigned on this indictment later this month.
If convicted, Perez would face a statutory maximum sentence of five years in federal prison.
This matter is being investigated by IRS Criminal Investigation.
This case is being prosecuted by Assistant United States Attorney Brett A. Sagel of the Santa Ana Branch Office.
North Suburban Psychologist Sentenced to Prison for Billing for Nonexistent ServicesRead the Press Release
CHICAGO — A north suburban psychologist has been sentenced to six months in federal prison and fined $100,000 for submitting false claims to private insurers and Medicare.
PAMELA ANTELL, also known as Pamela Gruenhut, operated a psychology practice in Glenview. From 2011 to 2018, Antell submitted fraudulent claims to private insurers and Medicare for mental health services that were not rendered. Some of the fraudulent claims were submitted for an individual who was not actually a patient, while in other instances Antell was not in Illinois on the dates she claimed to have provided treatment. Antell also attempted to obstruct justice by instructing a former patient to lie to investigators about the frequency of treatment sessions and the patient’s payment of copayments.
Antell, 67, of Deerfield, pleaded guilty earlier this year to one count of health care fraud. In addition to the prison term and fine, U.S. District Judge Jorge L. Alonso on Friday ordered Antell to pay $1,464,810 in restitution to the insurers and Medicare.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI. The government was represented by Assistant U.S. Attorneys Kelly Greening and L. Heidi Manschreck.
New York Woman Sentenced to 54 Months for Crack, Heroin and Fentanyl TraffickingRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Diana Davis, 32, of Rochester, New York, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 54 months in prison and three years of supervised release for conspiring to distribute and possess with the intent to distribute heroin, fentanyl and cocaine base, commonly known as “crack.” Davis pleaded guilty on October 24, 2018.
According to court records, between June 2015 and March 2017, Davis conspired with others to acquire heroin, fentanyl and crack in Rochester and to distribute it from at least 12 residences in Central Maine. Davis came to Central Maine and distributed the drugs while residing with several Central Maine residents who were paid in heroin and crack for their participation.
On June 26, 2016, Davis was involved in an incident during which her brother and co‑defendant Frankie Dejesus exchanged gunfire with Reginald McBride in the parking lot of the Walmart in Augusta, Maine. In imposing sentence, Judge Woodcock recounted the drug-related backdrop leading up to the incident.
The case was investigated by the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency, and the Kennebec County Sheriff’s Department, with assistance provided by the Augusta, Maine Police Department. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Monongalia County woman sentenced for firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA –Amie Kristine Pritt, of Morgantown, West Virginia, was sentenced today to three years probation for firearms charges, United States Attorney Bill Powell announced.
Pritt, age 34, pled guilty to one count of “False Statement During Purchase of a Firearm” and one count of “Unlawful Transfer of Firearm to Prohibited Person.” Pritt admitted to purchasing a 9mm caliber pistol for someone who is prohibited from having a firearm.
Pritt was also fined $150.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge Thomas S. Kleeh presided.
Mission Family Practitioner Pays $2 Million to Resolve AllegationsRead the Press Release
McALLEN, Texas – A South Texas doctor has agreed to pay the United States $2,133,959.30 to resolve allegations he fraudulently submitted claims to the Medicare program for medically unnecessary diagnostic tests, announced U.S. Attorney Ryan K. Patrick.
“This settlement reflects our continued resolve to protect the Medicare program from exploitation,” said Patrick. “We will vigorously pursue providers who subject vulnerable patients to medically unnecessary and wasteful services in order to boost their profits and will not hesitate to bring enforcement actions when necessary.”
Dr. Augusto Castrillon is a family physician who, until recently, owned and operated the Castrillon Family Clinic in Mission.
The U.S. Attorney’s Office (USAO) conducted a proactive review of claims data and determined Castrillon to be a significant statistical outlier for various metrics. He appeared to be ordering an excessive number of diagnostic tests – many of which were highly complicated and ones which only trained specialists such as neurologists or cardiologists typically order. Claims data also indicated these tests were ordered for patients on a recurring basis.
The settlement resolves allegations that, from June 2009 to June 2015, Castrillon violated the False Claims Act by submitting claims to Medicare for medically unnecessary transcranial doppler imaging studies, electromyography and nerve conduction studies and autonomic function testing.
The USAO jointly conducted the investigation with the Department of Health and Human Services – Office of Inspector General. Assistant U.S. Attorneys Brad Gray and Andrew Bobb handled the investigation and conducted settlement negotiations.
The claims resolved by this agreement are allegations only, and there has been no determination of liability.
Minnesota and Oconto County Residents Sentenced to Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Matthew D. Krueger has announced that the following individuals recently were sentenced by the Honorable Chief Judge William C. Griesbach following their guilty pleas to the charge of conspiracy to distribute 50 grams or more of methamphetamine:
Name
Age
Residence
Gregory Ives
41
Mounds View, MN
Benjamin McNamara
33
Oconto, WI
Kristine Olson
32
Oconto, WI
Chief Judge Griesbach imposed the following sentences: (1) Ives -- ten year prison term followed by five years of supervised release; (2) McNamara -- ten year prison term followed by ten years of supervised release; and (3) Olson -- six year prison term followed by six years of supervised release.
According to the indictment and other court documents, between June and September 2018, Oconto County Sheriff Narcotics Investigators met with several confidential informants who advised that Kristine Olson was selling methamphetamine in Oconto County and surrounding areas. In September, Investigators tracked Olson and McNamara as they traveled to Minnesota, where they had been purchasing multiple ounce quantities of methamphetamine from Ives. On September 27, 2018, law enforcement stopped Olson and McNamara in their vehicle upon returning from Minnesota. A search of their car revealed a bag containing 212 grams of methamphetamine (later tested to be approximately 98% pure) and 11 separate baggies containing 44 grams of methamphetamine. Ives was later arrested for selling the methamphetamine to Olson and McNamara.
This case was investigated by the Wisconsin Department of Justice-Division of Criminal Investigation, Oconto County Sheriff’s Department, U.S. Drug Enforcement Administration, and Wisconsin State Patrol. The case was prosecuted by Assistant United States Attorney William Roach.
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Michigan man admits to heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Gerald Kyler, of Eastpointe, Michigan, has admitted to selling heroin, United States Attorney Bill Powell announced.
Kyler, also known as “Dave,” age 37, pled guilty to one count of “Aiding and Abetting Distribution of Heroin in Proximity to a Protected Location.” Kyler admitted to selling heroin near West Virginia University in July 2018 in Monongalia County.
Kyler faces at least one and up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mexican Alien with Involuntary Manslaughter Conviction Guilty of Illegal ReentryRead the Press Release
RICHMOND, Va. – A federal judge convicted a Richmond man today after a bench trial on the charge of illegally reentering the United States following removal after a felony conviction.
According to court records and evidence presented at trial, Rodrigo Martinez-Mendoza, 54, a citizen of Mexico, first made illegal entry into the United States in 1993. In 1996 in Texas, he was convicted of forgery. Immigration authorities learned of the matter and commenced removal proceedings. Following processing, Martinez-Mendoza was then released on his own recognizance. In May 1997, Martinez-Mendoza failed to appear at his scheduled hearing, and was ordered deported to Mexico, and a warrant was issued. In August 2005, ICE Special Agents encountered Martinez-Mendoza at Fort Lee Army Base in Petersburg, and was then processed for deportation. In September 2005, Martinez-Mendoza was removed to Mexico at taxpayer expense. Thereafter on an unknown date, at an unknown location, he illegally returned to the United States.
In October 2009, Martinez-Mendoza was arrested by officers of the ICE Fugitive Operations Team in Chester and later pleaded guilty and served four months before being deported to Mexico at taxpayer expense. On an unknown date, Martinez-Mendoza illegally returned to the United States.
In December 2017, in Petersburg, Martinez-Mendoza was arrested by law enforcement officers from the U.S. Marshals Capital Area Regional Fugitive Task Force for felony malicious wounding. In October 2018, he was convicted of involuntary manslaughter in Richmond Circuit Court and sentenced to a term of five years in prison with four years suspended.
Martinez-Mendoza faces a maximum penalty of 10 years in prison when sentenced on December 10. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after Senior U.S. District Judge Henry E. Hudson accepted the verdict. Assistant U.S. Attorney S. David Schiller is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-164.
Meth distributor sentenced to 15 yearsRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge Rebecca Grady Jennings has sentenced Eric Todd, of Louisville, to a sentence of 188 months imprisonment, followed by five years of supervised release for conspiracy to distribute approximately 230 grams of crystal methamphetamine, announced United States Attorney Russell Coleman.
“We’re talking about approximately 500 doses of meth here, with all of the pain and risk to families that poison brings with it,” said U.S. Attorney Russell Coleman. “Working with stalwart partners such as the ATF, we will continue to remove drug traffickers like Mr. Todd from our Commonwealth, who now faces over a decade and a half in federal prison.”
Todd, 43, was found guilty after a jury trial in Louisville, Kentucky, on May 28, 2019, through May 31, 2019, before U.S. District Judge Rebecca Grady Jennings.
Todd’s counsel, argued for a reduced sentence of 120 months, contending that Todd played a minor role in the conspiracy. Judge Jennings rejected that argument, finding that according to the evidence presented at trial Todd was fully responsible for his actions, in that he initiated the drug transaction for which he was convicted by calling the informant and soliciting her to purchase methamphetamine from him. Evidence further established that the defendant managed and controlled this criminal activity by calling the informant several times and directing her over a period of several hours to go to various locations within the city before finally directing her to retrieve the methamphetamine and place the money for the purchase in the trunk of a parked car at a local restaurant.
The case was prosecuted by Assistant United States Attorney Larry Fentress with support from legal assistant Charlotte Hendricks. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
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Menands Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kenneth J. Monahan, age 44, of Menands, New York, pled guilty today to one count of distribution of child pornography, one count of receipt of child pornography, and two counts of possession of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Monahan admitted to using peer-to-peer software to distribute numerous images of child pornography in February and April 2018. He also admitted to downloading child pornography from the Internet from 2017 through April 2018, and to possessing over 1,300 images of child pornography in May 2018.
Sentencing is scheduled for January 6, 2020 in Albany, before Senior United States District Judge Thomas J. McAvoy. Monahan faces a minimum of 5 years and up to 20 years in prison. The Court is also required to impose a term of supervised release of between 5 years and life, and Monahan will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia G. Suarez.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Member of Maryland MS-13 Extortion Operation in DC Suburbs Sentenced to 51 Months in Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Gerdandino Delgado-Escobar, a/k/a “Pumba,” age 24, of Hyattsville, a member of La Mara Salvatrucha, or MS-13, to 51 months in federal prison, followed by three years of supervised release, for conspiracy to interfere with interstate commerce by extortion. Judge Xinis also ordered Delgado-Escobar to pay restitution to his victims. A federal jury has convicted Delgado-Escobar late on June 13, 2019. Delgado-Escobar has been detained since his initial appearance on May 8, 2018.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Director in Charge Timothy R. Slater of the FBI Washington Field Office; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Field Office; Special Agent in Charge Jesse R. Fong of the U.S. Drug Enforcement Administration (DEA) Washington Field Division; Acting Chief Marcus Jones of the Montgomery County Police Department; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Chief Amal Awad of the City of Hyattsville Police Department; Prince George’s County State’s Attorney Aisha Braveboy; and Montgomery County State’s Attorney John McCarthy.
“This prosecution and sentence send a strong message to MS-13 gang members that we will not tolerate the fear and violence perpetrated by MS-13 in Maryland,” said U.S. Attorney Robert K. Hur. “Federal, state, and local law enforcement will continue to work together to find and bring to justice MS-13 members who prey on our neighborhoods.”
MS-13 is a violent gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, Anne Arundel County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively as “Programs,” with the purpose of increasing the gang’s levels of organization, violence, extortion, and other criminal activity, and to assist one another in avoiding detection by law enforcement.
According to trial evidence, in the Washington, DC metropolitan area, MS-13 generated income from various sources, including the extortion of money from businesses. Targeted businesses included drug dealers, brothels, unlicensed “stores” where food, alcoholic beverages, and cigarettes were sold, as well as legitimate businesses, including food and beverage sellers and distributors.
The evidence presented at the four-day trial proved that Delgado-Escobar was a member and associate of the Langley Park Salvatrucha (“LPS”) clique of MS-13. From at least March 2013, Delgado-Escobar, working with other MS-13 members and associates, extracted weekly extortion payments known as “rent” from victim business owners for operating in territory controlled by the LPS and Sailors cliques of MS-13. According to trial testimony, the payments were generally about $40 to $50 per week for beer delivery businesses and around $115 per week for brothel owners.
As proven during the trial, Delgado-Escobar and his co-conspirators extorted numerous business owners operating in the Langley Park area. Delgado-Escobar conspired with other MS-13 members and associates to obtain money from the victims through the use of actual and threatened force, violence, and fear. According to the trial evidence, in one instance a victim who delivered beer was grabbed by the neck, had a gun put to his head, and was threatened with the murder of his entire family if the victim did not pay MS-13 for operating a business in its territory. MS-13 members referred to these extortion payments as “rent.”
U.S. Attorney Robert K. Hur thanked the FBI Washington and Baltimore Field Offices, HSI Baltimore, the DEA Washington Field Office, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s County State’s Attorney’s Office, the City of Hyattsville Police Department, and the Montgomery County State’s Attorney’s Office for their work in this investigation. Mr. Hur commended Assistant U.S. Attorneys Catherine K. Dick and William D. Moomau, who are prosecuting this case.
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Marshall County man admits to failing to register as a sex offenderRead the Press Release
WHEELING, WEST VIRGINIA – Zachary Douglas Brown, of Moundsville, West Virginia,has admitted to a failure to register charge, United States Attorney Bill Powell announced.
Brown, age 33, pled guilty to on one count of “Failure to Register.” Brown admitted to traveling across state lines and failing to register as a sex offender, as required. The crime took place between January and March 2019.
Brown faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Danae Demasi-Lemon is prosecuting the case on behalf of the government. The United States Marshal Service investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Mandeville Woman Charged in Indictment for Operating Businesses Selling Anabolic Steroids and Prescription MedicationRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced the September 4, 2019 unsealing of a seven-count Indictment charging NATALIE BARTON, age 41, of Mandeville, Louisiana, with conspiracy to distribute and possess with the intent to distribute anabolic steroids, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(E)(i) and 846 (Count 1); conspiracy to misbrand drugs, in violation of Title 18, United States Code, Section 371 (Count 2); distribution of anabolic steroids, in violation of Title 21, United States Code, Section 841(a)(1), 841(b)(1)(E)(i), and Title 18, United States Code, Section 2 (Counts 3 and 4); and misbranding of prescription drugs, in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2), and Title 18, United States Code, Section 2 (Counts 6 and 7).
According to the Indictment, NATALIE BARTON and her husband E.B. owned and operated certain websites from which they sold anabolic steroids, including substances sold under the names “Desoxy-T Acetate,” “Celtic Mass,” and “Dienolone Acetate.” For a time, they also operated a brick-and-mortar store in Metairie, Louisiana from which they sold these anabolic steroids. These substances were chemically similar to testosterone or other anabolic steroids, and had pharmacological effects similar to testosterone, including promoting muscle growth. In some cases these substances were sold with provisos indicating that they were not for human consumption or were for research purposes, but those provisos were false, and they were sold with the intent of promoting muscle growth in humans or to cause a pharmacological effect similar to testosterone.
According to the Indictment, NATALIE BARTON and her husband also sold prescription medications through their websites and in their brick-and-mortar store. These prescription drugs were dispensed without valid prescriptions issued by licensed practitioners, and without labels that complied with the Food, Drug, and Cosmetic Act. Instead, these substances included labels that were misleading, in that they stated that the substances were not for human consumption, which was false. NATALIE BARTON and E.B. were not practitioners licensed by law to administer prescription drugs. Many of the prescription drugs sold are commonly abused in conjunction with the use of anabolic steroids because they either treat negative side effects of anabolic steroids or have complementary effects.
If convicted, NATALIE BARTON faces a maximum term of imprisonment of 10 years of imprisonment followed by at least 2 years of supervised release on the anabolic-steroid-related counts, and a maximum term of imprisonment of 3 years followed 1 year of supervised release on the misbranding-related counts.
DEA Special Agent in Charge Brad L. Byerley said, “Those who choose to violate laws designed to ensure the safe and legal dispensation of pharmaceutical drugs will not escape the scrutiny of DEA. This indictment is a direct result of outstanding partnerships with federal, state, and local law enforcement. DEA will continue to pursue those who threaten our communities through the distribution of these potentially dangerous drugs.”
“U.S. consumers rely on the FDA to ensure that the drugs they take are safe, effective and properly labeled,” said Special Agent in Charge Justin D. Green, FDA Office of Criminal Investigations. “We remain committed to pursuing and bringing to justice those who attempt to subvert the regulatory functions of the FDA by distributing unapproved and misbranded drugs.”
“It is extremely important that consumers who use dietary supplements and medications have the expectation of safe products. As part of this indictment alleges, if supplements and medications contain components that are not legally approved, the health of the public is put at risk and the public’s trust violated,” said U.S. Attorney Peter G. Strasser. “Our office, along with our investigative partners, will continue to investigate alleged improprieties and bring to justice those who place our community at risk.”
U.S. Attorney Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proved beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, the Food and Drug Administration, the United States Postal Inspection Service, and the Department of Homeland Security, Homeland Security Investigations in investigating this matter. U.S. Attorney Strasser expressed appreciation for the support provided by the United States Anti-Doping Agency and the Sports Medicine Research and Testing Laboratory. Assistant United States Attorney Jonathan Shih is in charge of the prosecution
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Manager of San Fernando Valley-Based Telephone Order Drug Delivery Service Sentenced to Nearly 20 Years in Federal PrisonRead the Press Release
LOS ANGELES – A Sylmar man was sentenced today to 235 months in federal prison for managing “Manny’s Delivery Service,” a Van Nuys-based drug-distribution ring that used a fleet of cars and a staff of drivers to make rapid deliveries – primarily of heroin – to its customers who phoned in orders for narcotics.
Sigifredo Gurrola Barrientos, 42, was sentenced by United States District Judge Percy Anderson, who said Barrientos was “willing to profit off the misery and at the expense of communities that have to live with the consequences of drug trafficking. Distribution of this poison…carries a very steep price.”
Barrientos pleaded guilty in April 2018 to one felony count of conspiracy to distribute controlled substances. He was the lead defendant in a federal grand jury indictment charging him and 13 other people in with various narcotics distribution-related offenses stemming from the delivery operation.
Between 2013 and December 2017, Barrientos was the manager and overseer of Manny’s Delivery Service. In that role, Barrientos obtained wholesale quantities of heroin and cocaine; managed employees; kept drug sale ledgers; arranged for the storage and transportation of heroin, cocaine and drug proceeds; and obtained, maintained and outfitted a fleet of drug delivery vehicles. The ring also sold larger quantities to street-level heroin dealers as part of its sophisticated, high-volume narcotics business. Delivery vehicles had hidden compartments to conceal drugs and the movement of bulk cash collected from narcotics transactions.
Members of the drug ring obtained pound quantities of heroin and moved hundreds of thousands of dollars in cash, according to wiretapped conversations. Bulk narcotics were stored in a “stash house,” and smaller quantities of drugs were packaged and dispatched to customers from a facility maintained by the ring in Van Nuys. The outfit frequently supplied drugs to customers who were directed to meet delivery drivers at locations across the San Fernando Valley.
For example, in November 2014, Barrientos coordinated the distribution of nearly one pound of heroin to a Manny’s customer, but law enforcement subsequently seized it.
When law enforcement broke up the Manny’s ring in December 2017, the outfit possessed at a Van Nuys stash house approximately 11.5 pounds of heroin and 1.1 pounds of cocaine meant for distribution. Barrientos and a co-defendant also possessed $434,327 in Manny’s drug proceeds at the stash house.
Barrientos has been in custody since his arrest in this case in December 2017. He is the last of the 14 defendants charged in the indictment to be sentenced. Other defendants in this case received sentences of up to 97 months in federal prison.
Three drug dealers associated with this conspiracy were charged in separate indictments with distribution or possession with intent to distribute heroin. All three of those defendants have pleaded guilty and been sentenced to prison terms of up to 63 months.
The investigation into Manny’s Delivery Service was conducted by the Drug Enforcement Administration and the Ventura County Narcotics Task Force. The Los Angeles Police Department and the Glendale Police Department provided substantial assistance during the investigation, which was part of the Justice Department's Organized Crime Drug Enforcement Task Force (OCDETF).
This case was prosecuted by Assistant United States Attorneys A. Carley Palmer and Christopher C. Kendall of the International Narcotics, Money Laundering, and Racketeering Section.
Man Sentenced to 18 Years for Dane County RobberiesRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Eric Clay, 28, Madison, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 18 years in federal prison for robbing two taxicab companies, one while armed, and a gas station. Clay pleaded guilty to these charges on June 5, 2019. His prison term will be followed by a five-year period of supervised release.
On December 14, 2018, Clay and two accomplices robbed a Union Cab driver in Madison and several hours later they robbed a BP gas station in Sun Prairie, Wisconsin. The next day, December 15, 2018, Clay and his accomplices robbed a Green Cab driver in Madison while armed.
During sentencing, Judge Peterson said that Clay is a dangerous person and a “lengthy prison sentence [was] warranted to protect the public.” U.S. Attorney Blader expressed concern for all of Clay’s victims, and stressed that his office will continue to aggressively prosecute violent criminal offenders.
The United States Attorney for the Western District of Wisconsin brought this case as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
The charges against Clay were the result of an investigation conducted by the Madison and Sun Prairie Police Departments. The prosecution of the case has been handled by Special Assistant U.S. Attorney Chadwick M. Elgersma.
Man Pleads Guilty to Purchasing Turtles in Violation of the Lacey ActRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that ROBERT GLENN HENNESSEY, age 66, a resident of New Jersey, pleaded guilty September 5, 2019 to exporting from Louisiana into New Jersey, 25 common box turtles, from May 19, 2017 to June 14, 2017.
According to court documents, United States Fish & Wildlife Service agents were conducting an investigation into the unlawful capture and interstate sale of various domestic turtle species. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a multilateral treaty signed in 1975, which was designed to ensure the survival of certain plants and animals. These plants and animals are listed within 3 appendices in CITES. Species listed on Appendix II of CITES may become threatened with extinction unless trade is strictly regulated. Since February 16, 1995, the common box turtle (Terrapene Carolina) has been listed on Appendix II of CITES. The Lacey Act makes it unlawful to import, export, sell, acquire, or purchase wildlife (listed in CITES) in interstate commerce, that is in violation of any state law. Louisiana has several statutes that prohibit threatened reptiles such as the common box turtle, from being sold or entered into commerce, without proper licensing.
During the course of the investigation, the agents developed evidence that Louisiana residents were involved in the capture and subsequent interstate sale of common box turtles to out of state purchasers. One of these sellers cooperated with agents and negotiated the sale of 25 common box turtles to the defendant. Agents then PIT (Passive Integrated Transponder) tagged the turtles, packaged and transported them to the United States Postal Inspection Service (USPIS) for delivery. A USPIS agent then conducted a controlled delivery of the turtles to the defendant’s residence and later executed a search warrant, wherein many of the turtles were identified by their PIT tags. HENNESSEY ultimately admitted that he did not possess permits for any of the turtles and knew that by purchasing them in interstate commerce, he was violating state law.
HENNESSEY faces a maximum term of imprisonment of not more than five years, not more than three years on supervised release, a fine of $250,000.00, and a mandatory special assessment of $100.00. U.S. District Court Judge Greg G. Guidry will sentence HENNESSEY on December 17, 2019.
U.S. Attorney Strasser praised the work of the United States Fish and Wildlife Service, the United States Department of Homeland Security, Homeland Security Investigations, and the United States Postal Inspection Service, in investigating this matter. He also thanked the United States Attorney’s Office for the District of New Jersey for their assistance. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
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Man Admits Role in Conspiracy to Distribute Heroin and Fentanyl from A Drug Mill in the Bronx to Customers in New JerseyRead the Press Release
NEWARK, N.J. – A Bronx, New York, man today admitted participating in a conspiracy to distribute heroin and fentanyl to customers in New Jersey, U.S. Attorney Craig Carpenito announced today.
Dilson Vasquez Genao, 23, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with one count of conspiracy to distribute 400 grams or more of a mixture and substance containing fentanyl. Francisco Mercedes Gil, 31, also of the Bronx, New York, pleaded guilty before Judge Salas to the same charges last week.
Four other individuals – Jhan Carlos Capellan Maldonado, 30, Jose Antonio Vasquez Pena a/k/a “Tono,” 46, Daury Contreras Ulerio, 34, and Reimon Genao Rosario, 22 – were indicted on the same charge in August 2019 and were arraigned on Sep. 4, 2019, before Judge Salas. One individual – Eddy Urena Rodriguez, 34 – remains charged by complaint.
According to documents filed in this case and statements made in court:
In early February 2019, law enforcement officers learned that Maldonado used an apartment in the Bronx to store, mix, and package heroin and fentanyl in distribution quantities. Maldonado employed Genao, Gil, Rodriguez, Ulerio, and Rosario, to assist in preparing the heroin and fentanyl for distribution to customers in New Jersey. Pena lived at the apartment in order to safeguard the narcotics and narcotics supplies.
On Feb. 25, 2019, law enforcement officers saw Maldonado drive to a retail store and emerge with several full shopping bags and then drive to the apartment. Genoa came out of the building and met with Maldonado, who got out of his vehicle and gave Genoa the plastic shopping bags. Through its investigation, law enforcement later learned that the plastic shopping bags contained materials to package heroin and fentanyl.
Genoa went back inside the building and was followed by law enforcement officers, who watched as Genoa entered Maldonado’s apartment with a key, still carrying the shopping bags. On Feb. 27, 2019, law enforcement searched Maldonado’s apartment and found seven individuals inside: including Genao, Gil, Rodriguez, Ulerio, Rosario, Maldonado, and Pena. All seven defendants attempted to escape out a window in the bedroom. All but one—Rosario—were apprehended and arrested by law enforcement officers waiting outside. Rosario was arrested at a later date.
Each defendant faces a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine. Sentencing for Genao is scheduled for Jan. 7, 2020, and sentencing for Gil is scheduled for Jan. 6, 2020.
U.S. Attorney Craig Carpenito credited the Homeland Security Investigations (HSI)’s New Jersey Division, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Jason S. Gould of the U.S. Attorney’s Office’s Opioid Abuse Prevention and Enforcement Unit in Newark.
The charge and allegations contained in the indictment against Maldonado, Pena, Ulerio and Rosario and complaint against Rodriguez are merely accusations, and those defendants are presumed innocent unless and until proven guilty.
Defense counsel: Genao: Edward Kratt Esq., New York
Gil: Keith Oliver Esq., Middletown, New Jersey
Maldonado: Blair Zwillman Esq., Millburn, New Jersey
Ulerio: Perry Primavera Esq., Hackensack, New Jersey
Rosario: James Moriarty Esq., New York
Pena: Peter Carter Esq., Assistant Public Defender, New Jersey
Rodriguez: Ramon Pagan Esq., New YorkMS-13 Member Sentenced to 50 Years in Prison for 2017 Murders of Four Young Men with Machetes, Knives, Clubs and an AxeRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Freiry Martinez, also known as “Discreto” and “Sovietico,” a member of the Herndon City Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, was sentenced by United States Circuit Judge Joseph F. Bianco to 50 years’ imprisonment, following his guilty plea to racketeering charges for his participation in the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos. Upon completion of his sentence, Martinez, an illegal alien from El Salvador, faces deportation from the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“It is my hope that today’s sentence brings some measure of closure and a sense of justice for the family members of the four victims, whose young lives were senselessly cut short by Martinez and his fellow MS-13 members,” stated United States Attorney Donoghue. “This Office, along with our fellow law enforcement partners, will relentlessly pursue gang members who commit depraved acts of violence on behalf of the MS-13 gang, and who foolishly think that fleeing the jurisdiction will place them out of our reach. Today’s sentence clearly proves otherwise.”
“This sentence illustrates our determination to bring these cold blooded killers to justice, and show the local communities we're on their side,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI Long Island Gang Task Force continues to use its global reach to find those who try to escape justice, and stop more violence from happening.”
“After committing four brutal murders, Martinez fled the jurisdiction in an attempt to evade justice,” stated SCPD Commissioner Hart. “Thanks to the strong partnership between both law enforcement and the United States Attorney’s Office his freedom was short lived. We hope that this sentence sends a clear message, to both gang members and their associates that we will not rest until justice is served. This sentencing is another example of our unwavering commitment to dismantle MS-13 in Suffolk County.”
“Today’s sentence of defendant Freiry Martinez is a clear example of law enforcement interagency cooperation and how there are no boundaries in criminal activity. Our partnerships continue to combat crime as we maintain our zero tolerance approach toward gangs and their illegal activities to ensure safety for our residents and communities. I would like to congratulate all of the investigators and their agencies for their hard work and dedication in bringing defendant Martinez to justice,” stated NCPD Commissioner Ryder.
On the evening of April 11, 2017, two female associates of the MS-13 lured five young men, including the four victims, to a community park in Central Islip so that Martinez and other MS-13 members could attack and kill them. The victims were believed to be members of a rival gang who had offended the MS-13. Martinez and numerous other MS-13 members and associates met in the park where they distributed weapons and discussed the plan to kill the victims. Once the female MS-13 associates led the men to a wooded area, Martinez and the other MS-13 members and associates surrounded, attacked and killed Llivicura, Lopez, Tigre and Villalobos, using machetes, knives, wooden clubs and an axe. The fifth intended victim escaped. The victims’ bodies were discovered the following evening.
Several days after committing the April 11, 2017 murders, Martinez fled New York with the assistance of other MS-13 members from New Jersey, Virginia and Maryland. After relocating to Virginia and later Maryland, Martinez continued his MS-13 involvement by associating with MS-13 members from those areas, engaging in street-level drug sales, assaulting rival gang members, and participating in the armed robberies of check-cashing establishments. Martinez was a fugitive for more than seven months after the murders until he was located and arrested in Maryland on November 21, 2017. Thereafter, Martinez was removed from the District of Maryland to the Eastern District of New York to face the instant charges.
Martinez was under 16 years of age at the time of the murders and he was initially charged by a juvenile information. Thereafter, the government filed a motion to transfer him to adult status for prosecution and Martinez waived a transfer hearing, waived indictment and pleaded guilty to racketeering, including predicate racketeering acts relating to the murders of Llivicura, Lopez, Tigre and Villalobos.
Today’s sentencing is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Office, Rockville Centre Police Department, New York State Police, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Michael T. Keilty are in charge of the prosecution.
The Defendant:
FREIRY MARTINEZ (also known as “Discreto” and “Sovietico”)
Age: 18
Brentwood, New York; Fairfax/Arlington Counties, Virginia; Montgomery County, MarylandE.D.N.Y. Docket No. 17-CR-364 (S-1)(JFB)
Los Angeles County Man Pleads Guilty to Federal Charge of Attempting to Obtain the Biological Toxin Ricin for Unlawful PurposesRead the Press Release
LOS ANGELES – A La Crescenta man pleaded guilty today to attempting to obtain ricin from an online source, admitting that he intended to acquire the biological agent for use as a weapon.
Steve S. Kim, 41, pleaded guilty before United States District Judge Terry J. Hatter to one count of violating a criminal statute called prohibition with respect to biological weapons.
Over a two-month period late last year, Kim attempted to obtain ricin from what he thought was an online seller of ricin, but in fact was an undercover FBI operative. During negotiations with the FBI operative, Kim stated that the ricin was intended for an individual who weighed 110 pounds, according to the plea agreement. Kim subsequently agreed to pay 320 Euros (approximately $350) in bitcoin for the ricin. The FBI concealed a substance purporting to be ricin inside another product, and the package was delivered on November 29, 2018 to Kim’s work address in Los Angeles. That evening, Kim took the parcel home, accessed the fake ricin, and was immediately placed under arrest.
“Ricin is an incredibly dangerous biological toxin – just a few tiny grains can kill a human,” said United States Attorney Nick Hanna. “Because it can be used as a weapon of mass destruction and there is no antidote for ricin poisoning, any attempt to acquire this deadly chemical agent is an extremely serious matter that will prompt a vigorous response.”
“The idea of intentionally using a biological agent to do harm shocks the conscience,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “This case demonstrates the FBI’s commitment to holding accountable actors who use or attempt to use weapons of mass destruction to carry out acts of terrorism or violence. This case also sends the message that the primary objective of the Joint Terrorism Task Force is to prevent an act before innocent people become victims.”
In his plea agreement, Kim admitted that he did not intend to use the ricin for a prophylactic, protective, bona fide research, or other peaceful purpose as required by law.
Judge Hatter is scheduled to sentence Kim on November 18.
As a result of today’s guilty plea, Kim will face a maximum statutory sentence of life in federal prison. However, in the plea agreement, the government agreed that it will recommend a sentence of no more than 87 months in prison. The actual sentence imposed in this case will be determined by Judge Hatter.
This matter was investigated by the FBI, which received assistance from the United States Postal Service.
The prosecution is being handled by Assistant United States Attorney Reema M. El-Amamy, with assistance from the Department of Justice’s Counterterrorism Section.
Long Island Business Owner Pleads Guilty to Obstructing Tax LawsRead the Press Release
In Central Islip, New York, a Brentwood, New York, business owner pleaded guilty to corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court filings and facts presented at the plea proceeding, Jose Cerritos (Cerritos) owned and operated La Centro Americana Corp. (La Centro), a wholesale food distribution business based in Bay Shore, New York, that sold imported food products for resale to New York metropolitan area customers. Cerritos diverted cash receipts from the business bank accounts, which caused La Centro’s tax returns for 2011 and 2012 to significantly underreport the size of the business - and its profits - to the Internal Revenue Service (IRS). He also filed his own individual income tax returns, falsely understating the income he received from La Centro. Cerritos also gave the IRS false business records, which purported to show La Centro’s yearly sales for 2011 and 2012, but omitted millions of dollars in gross receipts for each year.
United States District Court Judge Joanna Seybert, who accepted Cerritos’ guilty plea, scheduled sentencing for March 6, 2020. Cerritos faces a statutory maximum sentence of three years in prison. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of the Internal Revenue Service-Criminal Investigation, who conducted the investigation, and Trial Attorneys Sarah Ranney and Mark Kotila of the Tax Division, who are prosecuting the case.
Liberian Man Sentenced for Making False StatementsRead the Press Release
SYRACUSE, NEW YORK –Augustine Sneh, age 31, a Liberian citizen living in Philadelphia, Pennsylvania, was sentenced today to time served (11 months in jail), after being convicted at trial of making a false statement and making a false claim of United States citizenship.
The announcement was made by United States Attorney Grant C. Jaquith and Steven Bronson, Area Port Director, United States Custom and Border Protection (CBP).
Sneh was convicted following a 2-day trial in May 2019. Trial evidence showed that on October 16, 2018, Sneh was denied admission into Canada at the Saint Bernard de LaColle, Quebec Port of Entry. Due to the Canadian refusal, Sneh was required to report to the Champlain Port of Entry in New York. During immigration inspection at the Champlain Port of Entry, Sneh stated that he was a United States citizen born in Philadelphia. Trial evidence showed that Sneh is an alien, a citizen of Liberia, born in Liberia, and that he is not a United States citizen. Evidence showed that Sneh entered the United States in 2000. Sneh has resided in the United States since 2000 and he is the subject of a pending removal order, issued by an Immigration Judge in February 2012.
Following his sentencing, Sneh was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Lewiston Man Sentenced to Eight Years on Drug Trafficking and Firearms ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Keon Baptiste‑Harris, 37, of Lewiston, Maine, was sentenced today in U.S. District Court by Judge Nancy Torresen to eight years in prison and three years of supervised release for distribution of cocaine base (a/k/a crack cocaine) and possession of a firearm in furtherance of drug trafficking. Baptiste‑Harris pleaded guilty on March 20, 2019.
According to court records, on May 1, 2018, Baptiste-Harris distributed cocaine base to a person working with law enforcement. On June 26, 2018, law enforcement executed a search warrant at Baptiste-Harris’s residence in Lewiston. During the search, agents seized distributable quantities of narcotics, more than $8,000 in U.S. currency, ammunition, cell phones and a loaded 9 mm pistol. Baptiste-Harris admitted possessing the firearm to protect himself, his narcotics and the proceeds from his narcotics trafficking
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI’s Southern Maine Gang Task Force; the Lewiston Police Department; and the Maine State Police.
The prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Last of 11 Convicted in Charges Stemming from Rap Video filmed at Lakewood ParkRead the Press Release
HOUSTON - A 31-year-old man has entered a guilty plea for his role in a felon in possession of firearms conspiracy, announced U.S. Attorney Ryan Patrick.
Ivory Vershone Brown is the last of 11 to be convicted in the federal charges that resulted from a rap video filmed in Northeast Houston’s Lakewood Park March 28, 2018. During the video shoot, numerous criminal street gang members – all convicted felons - gathered in the park to film a music video promoting gangs in Houston all brandishing firearms on the basketball court.
Authorities received a 911 call reporting a group of suspicions people shooting a video with guns at the location and dispatched officers to the scene. As they arrived, the majority of the group fled the area. Law enforcement subsequently located eight loaded firearms abandoned at the park.
The music video was released May 20, 2018, via YouTube which WorldStarHipHop.com promoted. Authorities were able to identify each convicted felon and documented gang member who was in possession of firearms in the video. They compared each firearm recovered at the scene to the firearms the defendants held and identified similar characteristics of each.
The lead rapper in the music video - Warren Brown II aka NFL Cartel Bo, 20, of Houston, previously pleaded guilty to being a felon in possession of a firearm. Pleading guilty to the same charge were Kenneth Fontenot 22, Garrett Winn, 31, Devonte Haynes, 26, Joshua Amos, 31, Keithric Lewis, 31, Frenton Price, 33, and Marces Randolph, 30, all also of Houston.
Additionally, Roland Labome, 34, and Jerrell Grant, 37, entered their pleas to conspiracy to unlawfully possess firearms by a felon. They also reside in Houston.
U.S. District Judge Nancy Atlas accepted the final plea today. Brown’s sentencing has been set for Dec. 18, 2019. At that time, he faces up to five years in federal prison as do Labome and Grant. The remaining defendants face a maximum of 10 years imprisonment. In addition, all defendants could potentially be ordered to pay fines up to $250,000.
The remaining defendants are set for sentencing between Dec. 16-18, 2019.
With the exception of Winn, Amos, Price, Randolph and Labome, all have been and will remain in custody pending those hearings.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Houston Police Department conducted the investigation. Assistant U.S. Attorneys Britni Cooper and Lisa Collins are prosecuting the case.
Justice Department Hosts National Public Safety Partnership Symposium, Partners with U.S. Cities to Reduce Violent CrimeRead the Press Release
The Department of Justice today renewed its commitment to reducing violent crime in America, holding its third annual National Public Safety Partnership Symposium.
The National Public Safety Partnership provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
“The National Public Safety Partnership is a hallmark program of this administration,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Department’s Office of Justice Programs. “It effectively works to reduce violent crime, a priority of both Attorney General Barr and President Trump.”
Jon Adler, Director of the Bureau of Justice Assistance – which oversees the partnership program – announced $28 million to provide training and technical assistance to designated partnership sites, as well as to support law enforcement-led and prosecution-based crime reduction efforts in cities across the nation. Funds will also support crime gun intelligence centers in eight sites across the country. These centers focus on the immediate collection, management and analysis of crime gun evidence, such as shell casings, in real time, in an effort to identify violent criminals, disrupt criminal activity and prevent future violence.
“These funds are just the tip of the spear to help law enforcement develop and implement innovative – and proven – strategies to help increase public safety,” said Adler. “In coming weeks, the Justice Department will continue to announce funding awards to communities in support of law enforcement’s commitment to drive down violent crime, aid crime victims and improve justice systems.”
This year’s symposium, which lasts through Sept. 11, brings together more than 400 law enforcement leaders, prosecutors and other officials representing 17 of 41 partnered cities across the U.S. Law enforcement officials from the tristate area surrounding Memphis are also attending.
In June, Attorney General William P. Barr announced the addition of 10 cities and counties to the National Public Safety Partnership, which provides advanced training and technical assistance to cities and counties with elevated rates of violent crime.
“The addition of 10 more partnered sites this year is another critical step in fulfilling President Trump’s commitment to reducing violent crime in America,” said Adler. “The three-year engagement between the Department and each partnered city allows agencies to respond to the diverse needs within their jurisdictions by streamlining access to federal resources for those communities most affected by violent crime.”
To date, the Justice Department has worked with more than 40 cities under the National Public Safety Partnership (PSP) program. Many participating cities have already seen dramatic reductions in violent crime. For example, in Memphis, carjackings decreased 43 percent year-to-date, from March 2018 to March 2019. Additionally, collaboration between the Memphis Police Department and the Federal Bureau of Investigation to process cold-case sexual assault kits resulted in the conviction of a sexual predator in May 2019 who was responsible for kidnapping and raping six women, and attempting to kidnap and rape a seventh, over a period of seven years.
"The U.S. Attorney’s Office for the Western District of Tennessee is proud to participate in the National Public Safety Partnership Initiative here in Memphis and Jackson, Tennessee,” said U.S. Attorney Michael Dunavant. “PSP has allowed us to receive meaningful federal resources of law enforcement training and technical assistance in an innovative framework to enhance data-driven, evidence-based local strategies for violence reduction. The good work of the PSP team stakeholders, including the commitment to targeted enforcement by our federal, state and local law enforcement partners, has resulted in significant reductions in the violent crime rate in key categories, such as business robbery, carjacking and reported gun crimes. We are thankful for all of these resources from the Department of Justice, and we are committed to the continued effective use of these PSP tools to further reduce violent crime in the future."
Other PSP sites have achieved notable successes, as well. For example, New Orleans, Louisiana, ended 2018 with its lowest number of homicides since the early 1970s. In Milwaukee, Wisconsin, homicides declined in 2018 for a third straight year after hitting a peak in 2015.
In addition to local law enforcement and prosecutorial leaders from the participating PSP sites, components in attendance at this year’s symposium include: the Federal Bureau of Investigation; the Office of Community Oriented Policing Services; the Office of Justice Programs; the Office on Violence Against Women; the U.S. Attorneys’ Offices; the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; and the U.S. Marshals Service.
The Justice Department created the National Public Safety Partnership and the Task Force on Crime Reduction and Public Safety in response to President Trump’s Feb. 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. The Department announced the formation of the National Public Safety Partnership initiative in June 2017.
For more information about the PSP sites and the Justice Department’s work to reduce violent crime and enhance public safety, visit https://www.nationalpublicsafetypartnership.org.
Justice Department Files Sexual Harassment Lawsuit Against Worcester Landlord and His EmployeeRead the Press Release
BOSTON – The U.S. Attorney’s Office for the District of Massachusetts and the U.S. Department of Justice’s Civil Rights Division filed a lawsuit today alleging that female tenants of residential rental properties in Worcester were subjected to sexual harassment and retaliation, in violation of the federal Fair Housing Act.
“No one should ever have to choose between housing and sexual harassment,” said U.S. Attorney Andrew E. Lelling. “Sexual harassment is illegal under the Fair Housing Act, and my office is committed to achieving justice and compensation for individuals whose civil rights have been violated. I encourage anyone who has been subjected to sexual harassment by his or her landlord or employee of a landlord to report it to my office.”
“Landlords or their employees who sexually harass tenants will be held accountable under the law by the Department of Justice,” said Assistant Attorney General Eric Dreiband. “Such depraved conduct, targeting some of the most vulnerable in our communities, violates the Fair Housing Act and will not be tolerated. The Civil Rights Division will continue to enforce the law vigorously and work to secure justice for victims of these offenses.”
“Subjecting a person to sexual harassment not only violates the law, it robs that individual of the ability to feel safe and secure in the place they call home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD applauds today’s action and will continue working in partnership with the Justice Department to address this form of discrimination.”
The lawsuit alleges that from at least 2009 through the present, Mohan Prashad and David Besaw sexually harassed female tenants of rental properties owned by Prashad, Savton LLC, and Lanaton LLC. Prashad is the sole agent for Savton LLC and Lanaton LLC. Besaw, a Level 3 registered sex offender in Massachusetts, has been employed by Prashad since at least 2014 to assist with the management and maintenance of his rental properties.
The complaint alleges that Prashad engaged in harassment that included making unwelcome sexual advances and comments; engaging in unwanted sexual touching; offering to grant tangible benefits—such as reducing rent amounts—in exchange for engaging in sexual acts with him; refusing to provide needed maintenance services or taking other adverse housing actions against female tenants who resisted or objected to his unwelcome sexual harassment; intimidating female tenants by monitoring them from outside their apartments or rooms; and, after receiving notice of Besaw’s sexual harassment of female tenants, failing to take any action to prevent Besaw from future sexual harassment. The complaint further alleges that Besaw subjected female tenants to unwelcome sexual contact including groping, sexual assault, and forced touching of their bodies, without consent; exposing his genitals to female tenants; making unwelcome sexual comments and sexual advances toward female tenants; and making intrusive, unannounced visits to female tenants’ units to conduct and further his sexual advances.
The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination.
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: a new joint Task Force with the Department of Housing and Urban Development to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the launch of a national Public Service Announcement.
Individuals who have information about this case can contact the U.S. Attorney’s Office Civil Rights Unit by calling 617-748-3100 and asking for the Civil Rights Intake Specialist, or emailing [email protected]. Victims of sexual harassment related to housing nationwide can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected].
U.S. Attorney Lelling, AAG Dreiband and HUD Assistant Secretary Farías made the announcement today. Assistant U.S. Attorneys Torey B. Cummings and Michelle Leung, of Lelling’s Civil Rights Unit, and Trial Attorney Kinara Flagg of DOJ's Civil Rights Division are handling the matter.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Justice Department Files Lawsuit Against Massachusetts Landlord and Employee Who Subjected Women to Sexual HarassmentRead the Press Release
The Department of Justice today filed a lawsuit in the District of Massachusetts alleging that female tenants of residential rental properties in Worcester were subjected to sexual harassment and retaliation, in violation of the federal Fair Housing Act. This is the 11th lawsuit alleging a pattern or practice of sexual harassment in housing filed since the launch of the Department’s Sexual Harassment in Housing Initiative in late 2017.
“Landlords or their employees who sexually harass tenants will be held accountable under the law by the Department of Justice,” said Assistant Attorney General Eric Dreiband. “Such depraved conduct, targeting some of the most vulnerable in our communities, violates the Fair Housing Act and will not be tolerated. The Civil Rights Division will continue to enforce the law vigorously and work to secure justice for victims of these offenses.”
“No one should ever have to choose between housing and sexual harassment,” said U.S. Attorney Andrew E. Lelling. “Sexual harassment is illegal under the Fair Housing Act, and my office is committed to achieving justice and compensation for individuals whose civil rights have been violated. I encourage anyone who has been subjected to sexual harassment by his or her landlord or employee of a landlord to report it to my office.”
“Subjecting a person to sexual harassment not only violates the law, it robs that individual of the ability to feel safe and secure in the place they call home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD applauds today’s action and will continue working in partnership with the Justice Department to address this form of discrimination.”
The lawsuit alleges that from at least 2009 through the present, Mohan Prashad sexually harassed female tenants of rental properties owned by Prashad, Savton LLC, and Lanaton LLC. Prashad is the sole agent for Savton LLC and Lanaton LLC. The complaint further alleges that David Besaw also harassed and assaulted female tenants. Besaw, a Level 3 registered sex offender in Massachusetts, has been employed by Prashad since at least 2014 to assist with the management and maintenance of his rental properties.
The complaint alleges that Prashad engaged in harassment that included making unwelcome sexual advances and comments; engaging in unwanted sexual touching; offering to grant tangible benefits — such as reducing rent amounts — in exchange for engaging in sexual acts; refusing to provide needed maintenance services or taking other adverse housing actions against female tenants who resisted or objected to his unwelcome sexual harassment; intimidating female tenants by monitoring them from outside their apartments or rooms; and, after receiving notice of Besaw’s sexual harassment of female tenants, failing to take any action to prevent Besaw from future sexual harassment. The complaint further alleges that Besaw subjected female tenants to unwelcome sexual contact including groping, sexual assault, and forced touching of their bodies, without consent; unwanted exposure to female tenants; making unwelcome sexual comments and sexual advances toward female tenants; and making intrusive, unannounced visits to female tenants’ units to conduct and further his sexual advances.
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, a public awareness campaign, including the release of a national Public Service Announcement and a new joint Task Force with HUD to combat sexual harassment in housing.
The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination.
Individuals who have information about this case can contact the U.S. Attorney’s Office Civil Rights Unit by calling 617-748-3100 and asking for the Civil Rights Intake Specialist, or emailing [email protected]. Victims of sexual harassment related to housing nationwide can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected].
Victims of sexual harassment related to housing nationwide can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected].
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
More information about the Justice Department’s Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
Johnstown Sex Offender Sentenced to 20 Years on Child Pornography ConvictionsRead the Press Release
ALBANY, NEW YORK – Charles Guyer, age 60, of Johnstown, New York, was sentenced today to 240 months in prison, for distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and New York State Police Superintendent Keith M. Corlett.
At the time of the offenses, Guyer was a registered sex offender with New York State, having been previously convicted of sexually abusing a child in Montgomery County in 1996.
As part of his guilty plea on May 13, 2019, Guyer admitted to using two laptop computers equipped with peer-to-peer file-sharing software to download and distribute child pornography between December 2017 and April 2018. Guyer has been in federal custody since his arrest on April 24, 2018.
Senior United States District Judge Thomas J. McAvoy also imposed a 20-year term of supervised release, to be served upon completion of Guyer’s prison sentence.
This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Johnson County Man Pleads Guilty to Methamphetamine ChargesRead the Press Release
PIKEVILLE, Ky.- A Johnson County, Kentucky man admitted in federal court Friday that he conspired to distribute over 500 grams of methamphetamine.
Proctor Wayne Pennington, Sr., 65, pled guilty Friday to conspiring to distribute 500 grams of methamphetamine and distribution of methamphetamine, before U.S. District Court Judge Karen K. Caldwell.
Pennington admitted that from October 2018 through April 3, 2019, he conspired with others to distribute methamphetamine. According to the plea agreement, Pennington obtained the methamphetamine from a supplier in Louisville, Kentucky, and then distributed the methamphetamine to others in Johnson County. Law enforcement seized methamphetamine from Pennington on April 3, 2019, and Pennington was indicted in April 2019.
“Methamphetamine is a highly addictive, dangerous drug that is ruining many lives in eastern Kentucky,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our Office, along with our law enforcement partners, remain committed to holding methamphetamine traffickers accountable to the fullest extent of the law.”
According to the plea agreement, Pennington has a previous federal drug felony conviction for conspiring to distribute oxycodone. Because of the prior serious drug felony conviction, Pennington is subject to an enhanced sentence.
“The defendant’s significant drug trafficking undoubtedly contributed to the increased availability of methamphetamine in the region,” said U.S. Attorney Duncan. “The defendant’s prior conviction for drug trafficking makes his conduct in this case even more serious. As a prior convicted drug trafficker, he is likely facing a more severe sentence for his crimes.”
U.S. Attorney Duncan, Dan Dodds, Acting Special Agent in Charge, DEA Louisville Field Division, and Doug Saylor, Johnson County Sheriff, jointly announced the guilty plea.
The investigation was conducted by Drug Enforcement Administration and the Johnson County Sheriff’s Office. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Andrew H. Trimble.
Pennington is scheduled to be sentenced on December 16, 2019. He faces a minimum of 15 years in prison, with a maximum of Life, as well as a maximum fine of $20 million. However, any sentence will be imposed by the Court, after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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Indiana Man Sentenced for Drug TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Valparaiso, Indiana, man convicted of Possession with Intent to Distribute Marijuana was sentenced on September 9, 2019, by U.S. District Judge Roberto A. Lange.
Brendan Lee, age 25, was sentenced to 60 months in federal prison, followed by 3 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and a $1,000 fine.
Lee was indicted by a federal grand jury on March 5, 2019. He pled guilty on June 17, 2019.
The conviction stemmed from an incident on February 21, 2019, where Lee, and co-defendant Sarah Worthman, were stopped by law enforcement for speeding on the Cheyenne River Sioux Indian Reservation while driving a U-Haul truck. The traffic stop uncovered approximately 150 pounds of marijuana hidden in couches in the cargo hold. Lee had purchased the marijuana in California and was planning to distribute it in and around Chicago, Illinois.
Worthman previously pled guilty to Conspiracy to Distribute Marijuana and is awaiting sentencing on November 4, 2019.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Lee was immediately turned over to the custody of the U.S. Marshals Service.
Illegal U-Turn Leads to Discovery of Gun and Drug PremisesRead the Press Release
NEWPORT NEWS, Va. – A Newport News woman pleaded guilty today to possessing a firearm while distributing crack cocaine.
According to court documents, Dynetta R. Littlejohn, 30, was at home in August 2018, when law enforcement lawfully searched her residence and seized several narcotics to include MDMA, promethazine, marijuana, heroin, cocaine, and cocaine base. Police also seized two digital scales, $1,225 in U.S. currency, glassine bags and other drug packaging material, narcotics cutting agents, and other tools of the drug trafficking trade, such as a loaded Ruger P90 .45 caliber semi-automatic handgun and additional ammunition. Littlejohn told officers that the items seized belonged to her. The search of the residence sprung from Littlejohn’s cohabitant making an illegal U-turn mere hours earlier in a vehicle also filled with drugs, a gun, and $3,091 in U.S. currency.
Littlejohn pleaded guilty to possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime and faces a mandatory minimum of five years and a maximum of life in prison when sentenced on December 13. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after Senior U.S. District Judge Rebecca Beach Smith accepted the plea. Assistant U.S. Attorney Peter G. Osyf is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-53.
Illegal Alien Arrested with Enough Fentanyl to Kill 500,000 People Sentenced to over Six Years in Federal Prison for Heroin TraffickingRead the Press Release
Gulfport, Miss. – Pablo Vega-Ontanon, 53, an illegal alien from Mexico who was living in Georgia, was sentenced today by U.S. District Judge Sul Ozerden to 74 months in federal prison, followed by five years of supervised release, for possession with intent to distribute heroin, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans.
On November 6, 2018, Vega-Ontanon and two co-defendants arrived in Gulfport to sell heroin to a confidential informant. They claimed to have ten kilograms of heroin hidden in a compartment of their vehicle. All three were arrested shortly thereafter. The substance was eventually tested and found to contain nine kilograms of heroin and one kilogram of fentanyl.
One kilogram of fentanyl can produce half a million fatal doses.
Vega-Ontanon was indicted on November 27, 2018 along with co-defendants Eder Ortega- Casarrubias and Eric Estudillo-Carrazco.
Co-defendant Eder Ortega-Cassarubias pled guilty and was sentenced on June 26, 2019, by Judge Ozerden, to 127 months in prison followed by five years of supervised release.
Co-defendant Estudillo-Carrazco pled guilty on August 28, 2019, and will be sentenced by Judge Ozerden on November 27, 2019. He faces a maximum penalty of life in prison and a $10,000,000 fine.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie.
Huntington Woman Sentenced for Bank FraudRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman was sentenced on three counts of bank fraud, announced United States Attorney Mike Stuart. Kimberly Dawn Price, also known as Kimberly Dawn Swann, age 60, was sentenced to 33 months in prison.
“It’s simple. Price was a thief who stole from an employer that implicitly trusted her,” said United States Attorney Mike Stuart. “And know she’s being held accountable.”
Price was employed as a staff accountant with a local accounting firm. Between 2009 and 2015, in the course of her employment, Price wrote and forged signatures on checks on at least three accounts belonging to the firm’s clients without authorization. Price deposited checks into her own bank account and used the money to pay gambling debts, as well as other expenditures.
The Federal Bureau of Investigation and the West Virginia State Police conducted the investigation. Assistant United States Attorney Greg McVey handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence. hearing.
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Huber Heights Man Indicted for Fleeing Prior to Serving Prison SentenceRead the Press Release
CINCINNATI – A federal grand jury has charged a Huber Heights man for failing to appear with the Bureau of Prisons to begin his 30-month prison sentence for beating a man he believed to be Jewish outside of a Cincinnati restaurant in February 2017.
Izmir Koch, 34, was sentenced in July and ordered by the court to self-surrender at a federal correctional institute on August 16.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Todd A. Wickerham, Special Agent in Charge, FBI Cincinnati Division announced the new charge.
According to the indictment, Koch had been released while awaiting surrender for service of sentence, and directed by the Court to surrender to the custody of the Bureau of Prisons at the Federal Correctional Institute Gilmer in the Northern District of West Virginia. It is alleged that Koch knowingly and willfully failed to self-surrender.
Koch was convicted after a trial in December 2018 of one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act and one count of making a false statement to the FBI.
In February 2017, the Defendant and his companions were heard yelling “I want to kill all of the Jews” and “I want to stab the Jews” outside a Cincinnati restaurant. The victim represented to Koch that he was Jewish, after which Koch began punching and kicking him. A number of other people joined in the assault. The victim was left with a broken facial bone and bruised ribs. The victim was not in fact Jewish, but was with friends and family members who were.
Koch faces an additional prison sentence of up to five years for failing to appear.
Koch’s initial prosecution was investigated by the Cincinnati Division of the FBI and prosecuted by Assistant United States Attorney Megan Gaffney and Special Assistant U.S. Attorney Kelly Rossi of the Southern District of Ohio, and Trial Attorney Dana Mulhauser of the Civil Rights Division of the Department of Justice. SAUSA Rossi and Trial Attorney Mulhauser are also handling Koch’s new charge.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
If you have any information on Koch’s whereabouts, please contact the FBI at (513) 421-4310.
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Hartford Man Sentenced to 15 Years in Federal Prison for Sex Trafficking Minors, Child Pornography OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTOPHER HAMLETT, also known as “Cadi” and “Cadillac Black,” 26, of Hartford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 180 months of imprisonment, followed by five years of supervised release, for multiple offenses related to the sex trafficking of minors.
According to the evidence presented during his trial, between August and November 2017, Hamlett recruited and enticed two minor female victims to engage in prostitution at hotels in Hartford and Wethersfield. In order to solicit clients for the minors, Hamlett took sexually explicit photographs of each minor and submitted them to the website Backpage.
Hamlett began to recruit a 17-year-old minor into prostitution during their first meeting. He agreed that the minor victim could keep 60 percent of the money she made from prostitution customers, and he would take 40 percent. The minor victim saw customers for approximately three months. The evidence at trial included text messages in which Hamlett told the minor victim how much to charge, and threatened the victim when he thought she had not given him his full share of the money.
The trial evidence also showed that Hamlett facilitated the prostitution of a second minor victim who was then 16 years old, using Facebook Messenger to send her clients and explain particular sexual acts.
Hamlett also posted Backpage advertisements for an adult woman who worked for him in prostitution.
Hamlett has been detained since his arrest on February 8, 2018. On October 16, 2018, a jury found him guilty of two counts of sex trafficking of a minor, five counts of using a facility of interstate commerce to promote commercial sex, and two counts of production of child pornography.
This matter was investigated by the Hartford Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorneys Nancy V. Gifford and Sarala V. Nagala.
Guilderland Man Indicted for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – Blake Spears, age 38, of Westmere, Town of Guilderland, New York, was indicted on August 29 on charges of sexual exploiting a child, and child pornography distribution and possession.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The indictment alleges that Spears sexually exploited a child on December 1, 2018, distributed child pornography on December 26, 2018, and possessed child pornography on February 15, 2019.
A previously filed criminal complaint alleges that Spears used the Kik phone messaging application to distribute child pornography in December 2018. On February 15, 2019, FBI agents found child pornography on both a USB drive in Spears’s residence and on Spears’s cell phone.
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Spears, who has been in custody since February 15, 2019, faces at least 15 years in prison if convicted of all charges, as well as a term of post-release supervision of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Guatemalan Man Who Possessed a Fraudulent Social Security Card Sentenced to PrisonRead the Press Release
A Guatemalan man who possessed a false identification document in the name of a U.S. Citizen was sentenced today to more than one year in federal prison.
Andres Tzunux-Ordonez, age 22, a citizen of Guatemala illegally present in the United States and living in Postville, Iowa, received the prison term after a June 27, 2019, guilty plea to one count of unlawful possession of an identification document.
In a plea agreement, Tzunux-Ordonez admitted that in February 2013, using the name of a U.S. citizen, he used a fraudulent social security card and a State of Missouri identification card bearing his photograph when completing paperwork to obtain employment in Postville, Iowa. Tzunux-Ordonez also used the social security number on the card when applying for insurance in December 2017. The social security number belonged to the U.S. citizen whose name Tzunux-Ordonez used to work.
On March 11, 2019, defendant was arrested at his place of work and admitted that he knowingly used the identity of a U.S. citizen to work in Iowa. Tzunux-Ordonez turned over to immigration officials a Texas birth certificate and the social security card and State of Missouri identification card he used to obtain work in Postville.
Tzunux-Ordonez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Tzunux-Ordonez was sentenced to one year and one day imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Tzunux-Ordonez 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 Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1008.
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Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assault by Striking, Beating, and Wounding, was sentenced on September 9, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Jacey Estes, age 25, was sentenced to time served, equal to approximately 3 months, in custody, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Estes was indicted by a federal grand jury on March 12, 2019. He pled guilty on July 22, 2019.
The conviction stemmed from an incident on November 3, 2018, when Estes was drinking and socializing at a residence with a group of individuals, including the victim. The group then later went for a drive and at one point, Estes and the victim got into an argument. They stopped the vehicle, Estes and the victim got out of the vehicle, and Estes struck and beat the victim’s head and face causing facial fractures.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Estes was released following the sentencing hearing.
Former Virginia Tech Professor Sentenced for Grant Fraud, False Statements, ObstructionRead the Press Release
Roanoke, VIRGINIA – Yiheng Percival Zhang, a former Virginia Tech professor studying artificial sweeteners, was sentenced last week in U.S. District Court to time served, which included incarceration for approximately three months, and home incarceration for approximately two years, First Assistant United States Attorney Daniel P. Bubar announced today. Zhang was convicted of committing federal grant fraud, making false statements and obstruction by falsification following a bench trial in September 2018.
Zhang, 47, of Blacksburg, Va., was found guilty of one count of conspiracy to defraud the United States, three counts of making false statements, and one count of obstruction by falsification.
“The government has an obligation to ensure that the limited funds from these important programs are being used for legitimate research projects that enhance innovation and technological advancement,” First Assistant United States Attorney Bubar said today. “I am proud of the work of the men and women with the National Science Foundation (NSF), Department of Energy, and Federal Bureau of Investigation for conducting a thorough investigation.”
“The Small Business Innovation Research Program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” stated National Science Foundation Inspector General Allison Lerner. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their support in this effort.”
“The Department of Energy, Office of Inspector General works diligently to protect the integrity of the SBIR and STTR programs. These programs are critically important in the generation of scientific breakthroughs and technological innovations. Those who defraud our programs and steal our innovations are a threat to our nation,” said Department of Energy Inspector General Teri L. Donaldson. “We will continue to work with our law enforcement partners to hold all who violate the integrity of our Nation's scientific programs accountable. We appreciate the efforts of the U.S. Attorney's Office and our law enforcement partners on this joint investigation.”
“The FBI is committed to working with our federal, state, and local partners to protect the integrity of funding programs that promote the development of advanced technology and strengthen the U.S. economy,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “We are grateful for the partnership of the United States Attorney’s Office, the Department of Energy Inspector General, the National Science Foundation Inspector General, the Blacksburg Police Department and the Virginia Tech Police Department during this investigation.”
According to evidence presented at trial, Zhang, who at the time of the offenses was a biological systems engineering professor at Virginia Tech, founded Cell-Free Bioinnovations, Inc. (“CFB”), a research firm located in Blacksburg, Virginia. CFB relied exclusively on federal grants for funding its research activities. Zhang began working as a paid researcher for the Tianjin Institute of Industrial Biotechnology, Chinese Academy of Sciences by, at least, 2014. In 2015, Zhang caused fraudulent grant proposals to be submitted to the NSF under the Small Business Innovation Research Program (“SBIR”). Evidence presented at trial indicated grant funds obtained would be used for research Zhang knew had already been done in China. Zhang intended to use the grant funds for other CFB projects rather than for the projects for which the funds were requested. To obstruct the investigation, Zhang submitted falsified timesheets to government investigators.
The investigation of the case was conducted by the National Science Foundation-Office of the Inspector General, Department of Energy-Office of the Inspector General, and the Federal Bureau of Investigation, and with the assistance of the Blacksburg Police Department, and the Federal Bureau of Investigation, with the assistance of the Blacksburg Police Department and the Virginia Tech Police Department. Assistant United States Attorneys Kate Rumsey and Randy Ramseyer, and former Assistant United States Attorney Steve Pfleger prosecuted the case for the United States.
Former Southwest Florida Real Estate Broker Sentenced to More Than Five Years for Fraud SchemeRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele today sentenced Aaron Eyerman (38, Cape Coral), a former southwest Florida real estate broker to 5 years and 10 months in federal prison wire fraud, money laundering, and false oath in relation to a bankruptcy proceeding. As part of his sentence, the court also entered a money judgment of $562,407.38, the proceeds of the charged criminal conduct.
Eyerman was found guilty by a jury on June 4, 2019.
According to the evidence presented at trial, Eyerman met the victim, a retired schoolteacher from Pennsylvania, working in the real estate industry. In 2015, Eyerman made false statements to the victim and convinced her to invest $300,000 in a real estate venture. Specifically, Eyerman indicated they would “flip” houses; that is, buy, rehab, and re-sell properties. Instead of using the money for that purpose, Eyerman gambled away a large portion of the money at casinos and, over a matter of seven weeks, spent the remainder on personal luxury goods, including a custom Porsche 911, a $12,700 Rolex watch, and a $50,000 down payment on his personal luxury waterfront residence in Cape Coral.
Without telling the victim that he had already spent all of her initial investment, Eyerman went back to her in August 2015, seeking seek more money. This time, Eyerman lied about a second business opportunity – a purported new home construction company. Eyerman convinced the victim to provide him with another $261,000, which he immediately spent for personal use, including gambling most of it away at the Seminole Indian Casino in Immokalee. In total, Eyerman defrauded the victim of $561,000.
After the victim sued to get her money back, Eyerman declared bankruptcy to avoid his debt, and lied under oath about how he had spent the money.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorneys Charles Schmitz and Kyle Cohen.