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Friday 26 July 2019
Burglary Investigation Leads to Two Sentences of More Than Eight Years Each for Possession of Firearms and AmmunitionRead the Press Release
OKLAHOMA CITY – JAROD BEACH BROOK, 37, and AARON TRACY COLLINS, 40, have been sentenced to 120 and 100 months respectively in federal prison for possessing ammunition and firearms after a felony conviction, announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma.
On September 18, 2018, a grand jury indicted both men for possessing both a pistol and a revolver in May 2018. The indictment also charged Brook with the illegal possession of ammunition. According to court filings, Brook was involved in a May 2018 burglary of a residence in Oklahoma City, in which eight firearms were stolen. Brook and another burglar brought the firearms to Collins, who provided money and drugs in exchange for the firearms. On May 21, 2018, after further investigation, the Oklahoma City Police Department executed a search warrant at Collins’s residence in southeast Oklahoma City, found two of the firearms stolen from the residence, and arrested Collins. Two days later, officers arrested Brook at an apartment building in northwest Oklahoma City after he attempted to flee by jumping out of a window and onto a roof. A U-Haul truck parked near the apartment building and associated with Brook contained a box for a pistol and ammunition.
Both men have been in the custody of the U.S. Marshals Service since November 2018.
Collins pleaded guilty on January 30, 2019, to being a felon in possession of firearms. On May 31, U.S. District Judge David L. Russell sentenced him to 100 months in prison, followed by three years of supervised release. On April 9, 2019, Brook pleaded guilty to possessing ammunition after a felony conviction. Today, Judge Russell sentenced him to 120 months—ten years—in prison, followed by three years of supervised release. The court took into account in both sentencings that Brook and Collins have prior state convictions for being felons in possession of firearms.
Prosecuted by Assistant U.S. Attorneys Nicholas J. Patterson, Edward J. Kumiega, Steven Creager, and Tom Snyder, this case is the result of an investigation by the Oklahoma City Police Department and U.S. Homeland Security Investigations. It is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime. For more information, visit https://www.justice.gov/psn.
Reference is made to public filings for further information.
Brooklyn Business Owner Pleads Guilty in Employment Tax SchemeRead the Press Release
A Brooklyn, New York, business owner pleaded guilty today in the Eastern District of New York to failing to pay over employment taxes to the Internal Revenue Service (IRS) announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
From 2011 through 2014, Michael Jaramillo (Jaramillo), 49, was the president, part owner and sole operator of MT Electric Corp. (MT Electric), a business in Brooklyn. During this time, Jaramillo cashed business receipt checks at a local check casher and used the cash to pay employees more than $3 million in wages “under the table.” Jaramillo also filed false employment tax returns, which failed to report the cash wages and the employment taxes due. Jaramillo admitted that he caused a tax loss of approximately $453,460.
The Honorable Kiyo A. Matsumoto scheduled sentencing for Nov. 21, 2019. Jaramillo faces a statutory maximum sentence of five years in prison, as well as restitution and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jessica Moran and Kathryn Sparks of the Tax Division, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Bronx Man Arrested for Attempting to Provide Material Support for TerrorismRead the Press Release
John C. Demers, Assistant Attorney General for National Security, Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Michael McGarrity, Assistant Director of the FBI's Counterterrorism Division, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the FBI, and James P. O’Neill, the Commissioner of the Police Department for the City of New York (NYPD), announced that Delowar Mohammed Hossain was arrested today at John F. Kennedy International Airport (JFK Airport) in Queens, New York. Hossain was charged in a criminal Complaint today with attempting to provide material support for acts of terrorism, specifically in support of killing U.S. nationals located overseas. Hossain was presented today before Magistrate Judge Stewart D. Aaron in Manhattan federal court.
“As alleged, Hossain planned to travel overseas and join the Taliban in order to kill American soldiers,” said Assistant Attorney General Demers. “The threat of terrorism at home and abroad remains, and the National Security Division is committed to preventing individuals from carrying out deadly plans such as this. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
“As alleged, Delowar Hossain plotted to travel to Afghanistan to join the Taliban, specifically so he could commit acts of terrorism,” said U.S. Attorney Berman. “Hossain wanted to kill Americans, and particularly wanted to target members of our armed forces, serving our nation overseas. The excellent work of the FBI and NYPD stopped Hossain’s alleged deadly plan to join the Taliban before he took flight, and he now faces federal terrorism charges.”
“The criminal complaint in this case reveals Delowar Hossain had a despicable goal. He wanted to make his way to Afghanistan, join up with Taliban forces, and kill Americans,” said Assistant Director McGarrity. “But he failed because members of the FBI's Joint Terrorism Task Force interrupted his plans. The FBI is committed to working with our law enforcement partners to stop those who want to commit acts of terrorism here in the U.S. or overseas.”
“The lure of radical ideologies comes from many sources, and just because the Taliban may seem like an old and out of vogue extremist group, it shouldn't be underestimated,” said Director-in-Charge Sweeney Jr. “The FBI New York Joint Terrorism Task Force stopped Mr. Hossain from traveling overseas to allegedly support a deadly organization, and kept him from his alleged plan to kill innocent people.”
“As we continue to see time and again, attempting to support terrorist attacks will lead to arrest,” said NYPD Commissioner O’Neil. “I commend the dedication of the NYPD detectives and FBI agents who, through the Joint Terrorism Task Force, remain relentless in their focus to keep New York City and our nation safe.”
As alleged in the criminal Complaint filed today in Manhattan federal court, beginning in the fall of 2018, Hossain expressed his desire to join the Taliban and fight against American forces. Over the months that followed, Hossain attempted to recruit a confidential source of the FBI (CS-1) to travel with Hossain from the United States to Pakistan, and then to cross the border into Afghanistan to join the Taliban. Hossain told CS-1 that his purpose was to “fight the American government from there . . . combined with the Taliban,” and that “I want to kill some kufars [non-believers] before I die.” Hossain described to CS-1 steps he had taken to prevent detection of his plan, such as planning to reach Pakistan by first flying to Thailand, which Hossain believed would conceal his ultimate goal of joining the Taliban. At the same time, Hossain made preparations to fight in Afghanistan, including buying equipment such as walkie-talkies and trekking gear and instructing CS-1 to save money “to buy weapons” after reaching Afghanistan.
Hossain purchased an airline ticket for a flight scheduled to depart on July 26, 2019, from JFK Airport, to Thailand, for the first leg of the route to Afghanistan that Hossain had described to CS-1. On July 26, Hossain traveled to JFK Airport, where the FBI arrested him after he attempted to board that flight.
Hossain, 33, of the Bronx, is charged with one count of attempting to provide material support for terrorism, which carries a maximum sentence of 15 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Assistant Attorney General John Demers and U.S. Attorney Berman praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which consists principally of agents from the FBI and detectives from the NYPD.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys David W. Denton, Jr. and Michael K. Krouse are in charge of the prosecution, with assistance from Trial Attorney Jennifer Burke of the Counterterrorism Section.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Bronx Man Arrested for Attempting to Provide Material Support for TerrorismRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John C. Demers, Assistant Attorney General for National Security, Michael McGarrity, Assistant Director of the FBI’s Counterterrorism Division, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that DELOWAR MOHAMMED HOSSAIN was arrested today at John F. Kennedy International Airport (“JFK Airport”) in Queens, New York. HOSSAIN was charged in a criminal Complaint today with attempting to provide material support for acts of terrorism, specifically in support of killing U.S. nationals located overseas. HOSSAIN was presented today before Magistrate Judge Stewart D. Aaron in Manhattan federal court.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Delowar Hossain plotted to travel to Afghanistan to join the Taliban, specifically so he could commit acts of terrorism. Hossain allegedly wanted to kill Americans, and particularly wanted to target members of our armed forces serving our nation overseas. The excellent work of the FBI and NYPD stopped Hossain’s alleged deadly plan to join the Taliban before he took flight, and he now faces federal terrorism charges.”
Assistant Attorney General John C. Demers said: “As alleged, Hossain planned to travel overseas and join the Taliban in order to kill American soldiers. The threat of terrorism at home and abroad remains, and the National Security Division is committed to preventing individuals from carrying out deadly plans such as this. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
FBI Assistant Director of Counterterrorism Michael McGarrity said: “The criminal complaint in this case reveals Delowar Hossain had a despicable goal. He wanted to make his way to Afghanistan, join up with Taliban forces, and kill Americans. But he failed because members of the FBI's Joint Terrorism Task Force interrupted his plans. The FBI is committed to working with our law enforcement partners to stop those who want to commit acts of terrorism here in the U.S. or overseas.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “The lure of radical ideologies comes from many sources, and just because the Taliban may seem like an old and out of vogue extremist group, it shouldn't be underestimated. The FBI New York Joint Terrorism Task Force stopped Mr. Hossain from traveling overseas to allegedly support a deadly organization, and kept him from his alleged plan to kill innocent people.”
NYPD Commissioner James P. O’Neill said: “As we continue to see time and again, attempting to support terrorist attacks will lead to arrest. I commend the dedication of the NYPD detectives and FBI agents who, through the Joint Terrorism Task Force, remain relentless in their focus to keep New York City and our nation safe.”
As alleged in the criminal Complaint,[1] filed today in Manhattan federal court:
Beginning in the fall of 2018, HOSSAIN expressed his desire to join the Taliban and fight against American forces. Over the months that followed, HOSSAIN attempted to recruit a confidential source of the FBI (“CS-1”) to travel with HOSSAIN from the United States to Pakistan, and then to cross the border into Afghanistan to join the Taliban. HOSSAIN told CS-1 that his purpose was to “fight the American government from there . . . combined with the Taliban,” and that “I want to kill some kufars [non-believers] before I die.” HOSSAIN described to CS-1 steps he had taken to prevent detection of his plan, such as planning to reach Pakistan by first flying to Thailand, which HOSSAIN believed would conceal his ultimate goal of joining the Taliban. At the same time, HOSSAIN made preparations to fight in Afghanistan, including buying equipment such as walkie-talkies and trekking gear and instructing CS-1 to save money “to buy weapons” after reaching Afghanistan.
HOSSAIN purchased an airline ticket for a flight scheduled to depart on July 26, 2019, from JFK Airport, to Thailand, for the first leg of the route to Afghanistan that HOSSAIN had described to CS-1. On July 26, HOSSAIN traveled to JFK Airport, where the FBI arrested him after he attempted to board that flight.
* * *
HOSSAIN, 33, of the Bronx, New York, is charged with one count of attempting to provide material support for terrorism, which carries a maximum sentence of 15 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Berman and Assistant Attorney General John Demers praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which consists principally of agents from the FBI and detectives from the NYPD.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys David W. Denton Jr. and Michael K. Krouse are in charge of the prosecution, with assistance from Trial Attorney Jennifer Burke of the Counterterrorism Section.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein are only allegations, and every fact described should be treated as an allegation.
Bristol Man Charged with Federal Child Exploitation OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JEFFREY L. BACON, 60, of Bristol, was arrested today on a federal criminal complaint charging him with multiple child exploitation offenses.
Bacon appeared this afternoon before U.S. Magistrate Judge Donna F. Martinez in Hartford and was released on a $100,000 bond and electronic monitoring.
As alleged in the criminal complaint, in October 2018, Bacon began communicating with a 15-year-old-girl through the Kik messaging application after Bacon met the girl in a Kik chat group for teens. During their communications, that girl told Bacon she was a minor. Knowing that she was a minor, Bacon still sent the girl sexually explicit pictures of himself and described various sexual acts that he wanted to engage in with the girl. The girl told her mother who reported the communications to the police.
It is further alleged that, on October 30, 2018, a law enforcement officer assumed the girl’s Kik identity to continue to correspond with Bacon. Bacon asked the undercover officer, posing as the girl, to remind Bacon of her age. The officer responded with “15.” From October 30 to November 1, Bacon repeatedly sent sexually explicit pictures and videos of himself to the undercover officer. Bacon also requested sexually explicit pictures in return. During the course of their conversations, Bacon asked the undercover officer if he could pick her up from school so he could see her. Bacon suggested they could go to the mall where the girl could try on clothes while Bacon watched and engaged in a sexual act. Bacon also discussed going to a motel with the girl to engage in sexual acts with her.
On November 19, 2018, Bacon was arrested on related state charges.
It is alleged that, during a subsequent forensic examination of Bacon’s laptop computer, investigators found images of child pornography, including images depicting prepubescent females engaged in sexual acts with adults.
The complaint charges Bacon with enticing and attempting to entice a minor to engage in unlawful sexual activity, which carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, soliciting and attempting to solicit child pornography, which carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years, and possession of child pornography, which carries a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and the Enfield Police Department. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Bookkeeper Sentenced to Prison for Embezzling $390,000Read the Press Release
NORFOLK, Va. – A Norfolk woman was sentenced today to more than three years in prison and ordered to pay over $390,000 in restitution for embezzling that amount from the company for whom she provided bookkeeping, accounting and payroll services.
According to court documents, Nakai Koyenhan, 46, who pleaded guilty to forging the securities of an organization in November 2018, was employed by Church Point Manor, LLC to provide bookkeeping, accounting and payroll services. Koyenhan stole more than $327,000 from the company by forging over 300 checks over a period of approximately three and a half years. She also made fraudulent wire transfers from the company bank account to her personal bank account and to her personal credit card, totaling an additional $63,000. In total, Koyenhan stole more than $390,000 from Church Point Manor, which operated a well-known bed and breakfast/restaurant that was forced to close as a result of the embezzlement.
To conceal her actions, Koyenhan, on an ongoing basis, made false entries in the accounting ledger she maintained for Church Point Manor. She would, for example, change the names of the payees and amounts on the forged checks she had written in order to make it appear that they were payments for legitimate business expenses. Koyenhan used the money she stole for her own personal benefit. She spent the money, among other things, to make car loan payments and rent payments, to purchase a wedding ring and wedding supplies, and to travel to various destinations, including Nigeria.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Alan M. Salsbury prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-162.
Attleboro Man Who Trafficked Handguns from Georgia to Massachusetts Arrested on Federal ChargeRead the Press Release
BOSTON – An Attleboro man has been charged in federal court in Boston in connection with firearms trafficking.
Richard Philippe, 40, was charged with being a felon in possession of ammunition. On July 5, 2019, Philippe was arrested on separate charges and has been in custody since.
According to the charging documents, an individual who purchased large quantities of handguns in Georgia had been selling handguns to Philippe, who then transported the guns back to Massachusetts to sell. Philippe was not a Federal Firearm Licensee and was not permitted to deal firearms. Furthermore, Philippe has a prior felony firearm conviction and is not permitted to possess any firearm or ammunition. It is alleged that the individual in Georgia sold more than 100 firearms to Philippe between April and June 2019.
On July 5, 2019, federal agents executed a search warrant at a warehouse in Taunton used by Philippe and located 144 rounds of ammunition and empty firearm boxes with labels tying them to firearms that had been purchased by the individual in Georgia.
The charge of possessing ammunition after being convicted of a felony carries a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and Brockton Police Department. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Thursday 25 July 2019
Zuni Pueblo Man Arraigned on Federal Assault Resulting in Serious Bodily Injury Charges Involving to Two ChildrenRead the Press Release
ALBUQUERQUE – Stanton Sanchez, 31, a member and resident of Zuni Pueblo, N.M., appeared in federal court in Albuquerque, N.M., yesterday, for an arraignment on an indictment charging him with two counts of assault of a minor resulting in serious bodily injury. Sanchez entered a not guilty plea to the indictment, and was ordered detained pending trial which has yet to be scheduled.
The two-count indictment, which was filed on July 27, 2019, alleges that Sanchez assaulted a male child and a female child, causing both to sustain serious bodily injuries. The indictment alleges that Sanchez committed the crimes in Indian County in McKinley County, N.M., on July 22, 2018.
The U.S. Marshals Service arrested Sanchez on the federal indictment on July 22, 2019, at the Zuni Adult Detention Center of the Zuni Department of Corrections, where Sanchez was in custody on related tribal charges.
Sanchez faces a mandatory minimum of ten years and a maximum of life imprisonment if convicted on the charges in the indictment. Charges in an indictment are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Zuni Pueblo Tribal Police Department investigated this case, with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Youngstown man sentenced to 37 years in federal prison for taking still images of himself sexually assaulting a young girlRead the Press Release
A Youngstown man was sentenced to more than 37 years in federal prison for taking still images of himself sexually assaulting a young girl.
Daniel B. Fleischer, 37, previously pleaded guilty to sexual exploitation of children and receipt and distribution of child pornography. U.S. District Judge Christopher Boyko sentenced Fleischer to 447 months in prison.
"This defendant committed horrible crimes against a child and is being held accountable for his actions," U.S. Attorney Justin E. Herdman said.
Fleischer sexually assaulted a minor in June 2011 and produced a visual depiction of the act, according to court documents.
Fleischer also received and distributed multiple images of children engaged in sexually explicit conduct, according to court documents.
The case was investigated by Task Force Officer Brenda Golec of the FBI Task Force. This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Watervliet Man Pleads Guilty to Sexually Exploiting a ChildRead the Press Release
SYRACUSE, NEW YORK – Aaron Vroman, age 29, of Watervliet, New York, pled guilty today to sexual exploitation of a child and possession of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his plea agreement, Vroman admitted that on at least four occasions he secretly video-recorded a minor using the bathroom for the purposes of obtaining sexually explicit images of the child’s genitals. Vroman also admitted that he used his hand to touch that same child’s genital area over the child’s underwear while the child was asleep, and that he video-recorded that conduct as well. Vroman also possessed images of child pornography on his laptop computer, including videos depicting the sexual abuse and exploitation of pre-pubescent girls.
Sentencing is scheduled for November 22, 2019 in Albany. Vroman faces at least 15 years and up to 30 years in prison on the sexual exploitation count and up to 20 years in prison on each of the child pornography possession counts. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is convicted of violating, the U.S. Sentencing Guidelines, and other factors. The Court also will impose a term of post-imprisonment supervised release of between 5 years and life, and Vroman will be required to register as a sex offender.
Vroman’s case was investigated by HSI, with assistance from the New York State Police and the Colonie Police Department. This case is being prosecuted by Assistant U.S. Attorneys Geoffrey J. L. Brown and Michael D. Gadarian.
This case is 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.
USA Patrick Statement on AG Capital Punishment OrderRead the Press Release
CORPUS CHRISTI, Texas – As the Attorney General has stated, the Department of Justice is duty-bound to uphold the rule of law - and we owe it to the victims and their families to carry out the sentence our justice system has imposed.
This case was one of the most atrocious crimes this office has ever seen – something that impacted the Corpus Christi community and other family members and friends in Southeast Texas and Louisiana. A jury convicted Alfred Bourgeois of torturing and finally killing his two-year-old daughter, after having visitation custody of her for just a month. The little girl died on June 28, 2002, after a final beating at the Corpus Christ Naval Air Station where Bourgeois was making a delivery as part of his long-haul trucking job. The facts surrounding this murder are horrific.
As a father myself, this case sickens me. Bourgeois preyed on an innocent child – one of the most vulnerable among us. She should have been protected and loved, but was instead robbed of her young life after being brutalized by her very own.
Bourgeois is guilty and was ordered to death. His execution has now been set.
Our hearts continue to go out to these families and we hope this measure of justice will finally help bring peace and closure.
Two Visalia Residents Indicted for Growing Marijuana in the Sierra National Forest in Madera CountyRead the Press Release
FRESNO, Calif. — On Thursday, a federal grand jury returned a three-count indictment today against Hector Manuel Gomez Rodriguez, 45, of Visalia, and Mucio Alejandro Gomez Rodriguez, 46, of Visalia, charging them with manufacture of marijuana, conspiracy to manufacture marijuana, and depredation of public lands and resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, in early June, officers located a clandestine marijuana grow site on U.S. Forest Service land east of North Fork in the Sierra National Forest in Madera County. On July 16, 2019, USFS officers and other law enforcement personnel hiked into the grow site and apprehended the defendants as they tried to flee. Officers found 4,494 live marijuana plants, a .45-caliber handgun, and a pellet gun in the cultivation site.
This case is the product of an investigation by the U.S. Forest Service, the Madera County Sheriff’s Office, California Department of Fish and Wildlife, and CAMP (Campaign Against Marijuana Planting). Assistant U.S. Attorney Katherine Schuh is prosecuting the case.
If convicted, the defendants each face a maximum statutory penalty of 10 years to life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Men Indicted for Armed Robbery of PharmacyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gerard Gaffney, age 19, of Mount Ranier, Maryland, and David Marable, age 18, of Washington, D.C., were indicted on July 24, 2019, by a federal grand jury on robbery and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that on March 28, 2019, Gaffney, Marable and their coconspirators committed armed robbery of a Rite Aid pharmacy in Lower Paxton Township. It is alleged that coconspirators demanded cash and controlled substances. The indictment also alleges that Gaffney and Marable possessed a Glock pistol during and in relation to his robbery.
The matter was investigated by the Federal Bureau of Investigation, the Lower Paxton Police Department, and the Swatara Police Department. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Indicted for Conspiring to Grow Marijuana in Shasta Trinity National Forest near Rays PeakRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Mario Alberto Lopez-Pena, 19, of Winton, and Francisco Madrigal Magana, 25, of Turlock, charging them with conspiracy to cultivate marijuana, marijuana cultivation, and depredation of federal lands and resources in the Shasta-Trinity National Forest, U.S. Attorney McGregor W. Scott announced.
According to court documents, between June 9 and July 8, the defendants were involved in the cultivation of 4,105 marijuana plants south of Rays Peak in the Shasta-Trinity National Forest. The defendants were arrested on July 8, 2019.
This case is the product of an investigation by the U.S. Forest Service, the Trinity County Sheriff’s Department, the California Department of Fish and Wildlife, and the Bureau of Land Management. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted of either of the marijuana charges, both defendants face a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison and a $10 million fine. If convicted of damaging public lands, the defendants face a maximum penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. These charges are only allegations; the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Two Colombian Businessmen Charged with Money Laundering in connection with Venezuela Bribery SchemeRead the Press Release
Two Colombian businessmen were charged in an indictment returned today for their alleged roles in laundering the proceeds of violations of the Foreign Corrupt Practices Act (FCPA) in connection with a scheme to pay bribes to take advantage of Venezuela’s government-controlled exchange rate.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, and Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.
Alex Nain Saab Moran (Saab), 47, and Alvaro Pulido Vargas (Pulido) 55, both citizens of Colombia, were each charged in an eight-count indictment returned in the Southern District of Florida with one count of conspiracy to commit money laundering and seven counts of money laundering. The indictment also alleges and seeks forfeiture in excess of $350 million representing the amount of funds involved in the violation.
The indictment alleges that beginning in or around November 2011 and continuing until at least September 2015, Saab and Pulido conspired with others to launder the proceeds of an illegal bribery scheme from bank accounts located in Venezuela to and through bank accounts located in the United States. According to the indictment, Saab and Pulido obtained a contract with the Venezuelan government in November 2011 to build low-income housing units. The defendants and their co-conspirators then allegedly took advantage of Venezuela’s government-controlled exchange rate, under which U.S. dollars could be obtained at a favorable rate, by submitting false and fraudulent import documents for goods and materials that were never imported into Venezuela and bribing Venezuelan government officials to approve those documents. The indictment alleges that the unlawful activity was a bribery scheme that violated the FCPA and involved bribery offenses against Venezuela. It also alleges that meetings in furtherance of the bribe payments occurred in Miami and that Saab and Pulido wired money related to the scheme to bank accounts in the Southern District of Florida. As a result of the scheme, Saab and Pulido transferred approximately $350 million out of Venezuela, through the United States, to overseas accounts they owned or controlled, the indictment alleges.
According to the indictment, the following property is subject to forfeiture: (i) a sum of approximately $350,041,500.00 in U.S. currency; (ii) approximately $3,225,593.90 in U.S. currency seized on or about August 20, 2018; (iii) approximately $30,000.00 in U.S. currency seized on or about August 21, 2018; (iv) approximately $3,313,757.69 in U.S. currency seized on or about September 24, 2018; (v) approximately $3,138,844.70 in U.S. currency seized on or about November 5, 2018; and (vi) approximately $2,942,501.37 in U.S. currency seized on or about February 13, 2019.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by DEA with assistance from the FBI’s Miami Field Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Miami Field Office. Assistant U.S. Attorney Michael B. Nadler of the Southern District of Florida and Trial Attorney John-Alex Romano of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
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.
Two Colombian Businessmen Charged with Money Laundering in Connection with Venezuela Bribery SchemeRead the Press Release
Two Colombian businessmen were charged in an indictment returned today for their alleged roles in laundering the proceeds of violations of the Foreign Corrupt Practices Act (FCPA) in connection with a scheme to pay bribes to take advantage of Venezuela’s government-controlled exchange rate.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Special Agent in Charge Adolphus P. Wright of the Drug Enforcement Administration’s (DEA) Miami Field Division made the announcement.
Alex Nain Saab Moran (Saab), 47, and Alvaro Pulido Vargas (Pulido) 55, both citizens of Colombia, were each charged in an eight-count indictment returned in the Southern District of Florida with one count of conspiracy to commit money laundering and seven counts of money laundering. The indictment also alleges and seeks forfeiture in excess of $350 million representing the amount of funds involved in the violation.
The indictment alleges that beginning in or around November 2011 and continuing until at least September 2015, Saab and Pulido conspired with others to launder the proceeds of an illegal bribery scheme from bank accounts located in Venezuela to and through bank accounts located in the United States. According to the indictment, Saab and Pulido obtained a contract with the Venezuelan government in November 2011 to build low-income housing units. The defendants and their co-conspirators then allegedly took advantage of Venezuela’s government-controlled exchange rate, under which U.S. dollars could be obtained at a favorable rate, by submitting false and fraudulent import documents for goods and materials that were never imported into Venezuela and bribing Venezuelan government officials to approve those documents. The indictment alleges that the unlawful activity was a bribery scheme that violated the FCPA and involved bribery offenses against Venezuela. It also alleges that meetings in furtherance of the bribe payments occurred in Miami and that Saab and Pulido wired money related to the scheme to bank accounts in the Southern District of Florida. As a result of the scheme, Saab and Pulido transferred approximately $350 million out of Venezuela, through the United States, to overseas accounts they owned or controlled, the indictment alleges.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by DEA Miami Field Division with assistance from the FBI’s Miami Field Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Miami Field Office. Trial Attorney John-Alex Romano of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael B. Nadler of the Southern District of Florida are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Tulsa Man Pleads Guilty to Stealing More than $420,000 from his EmployerRead the Press Release
A former American Parking employee pleaded guilty in U.S. District Court Wednesday to bank fraud.
Jerry Albert Wiley, 70, of Tulsa, admitted to defrauding BancFirst and his employer American Parking of $426,220.32 from January to April 2018. U.S. District Judge Clair V. Eagan accepted the plea and set sentencing for Oct. 23.
“The U.S. Attorney’s Office is dedicated to protecting the integrity of the marketplace by prosecuting white collar criminals like Mr. Wiley,” said U.S. Attorney Trent Shores. “Like in so many financial crimes, Mr. Wiley took advantage of the trust placed in him, resulting in American Parking losing more than $420,000. There is never justification to steal from an employer, and perpetrators who act otherwise will find themselves face-to-face with a federal prosecutor.”
In his position as controller at American Parking, Wiley directed authorized funds transfers related to business expenses from the company’s corporate checking account at BancFirst. Starting Jan. 5, 2018, Wiley knowingly abused his position by transferring funds from American Parking’s accounts at BancFirst to accounts owned and controlled by one of Wiley’s acquaintances. The defendant contends he lost the funds after sharing them with an online acquaintance to pursue a personal investment opportunity. The Information contains a forfeiture allegation by which the United States seeks a money judgment of at least $426,220.
The FBI conducted the investigation; Assistant U.S. Attorney Richard M. Cella is prosecuting the case.
Three Men Plead Guilty to Federal Charges Related to Dealing Drugs—Including Fentanyl, Heroin, and Cocaine—In Cecil County, MarylandRead the Press Release
Baltimore, Maryland – Three men pleaded guilty to federal charges for their roles in a drug distribution conspiracy that operated in Cecil County, Maryland. The following defendants pleaded guilty:
Oscar O. Pilarte-Rivera, age 36, of Baltimore;
Elvin Solano-Pena, a/k/a Joseph Allen Fields and Jose, age 37;
Herme Soriano, a/k/a Miguel Urraca-Gonzalez, age 21.The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police (MSP).
According to their plea agreements, beginning in at least June 2017 and continuing through September 26, 2018, Solano-Pena, and Soriano conspired with others to distribute heroin, cocaine, fentanyl, and crack cocaine to drug users living primarily in Cecil County. Witnesses advised law enforcement that they purchased narcotics from the conspirators by calling a designated phone number (the dispatch phone). Solano-Pena was the primary user and possessor of the dispatch phone. Drug users would call the number and place an order for drugs. Solano-Pena or another conspirator would then arrange a meeting place. Solano-Pena, Soriano, or a co-conspirator would arrive at the meeting location and provide the drugs in exchange for cash.
On September 5, 2018, Soriano and a co-conspirator were arrested. Soriano lied to police as to his identity, claiming to be a U.S. Citizen born in Puerto Rico and providing a fraudulently obtained driver’s license using his alias (Miguel Urraca). The car that they were driving, a black Honda Civic, had previously been used during drug transactions that were observed by law enforcement. The vehicle was towed to Cecil County. The car was registered in the name of Pilarte-Rivera, who admitted that he provided assistance to the drug dealers, among other things, by allowing them to use a car registered in his name, knowing the men were involved in drug trafficking. Pilarte-Rivera claimed possession of the black Honda from police custody.
Federal investigators obtained a search warrant for a co-conspirator’s residence in Aberdeen that was executed on September 26, 2018, and recovered over 160 grams of heroin, a mixture of heroin and fentanyl, and crack cocaine packaged for sale. Shortly before the execution of the warrant, investigators observed Pilarte-Rivera driving the black Honda Civic in front of the leasing office. Investigators proceeded to the leasing office in an attempt to identify all occupants utilizing the vehicle and encountered Pilarte-Rivera and Solano-Pena. When questioned by investigators, Solano-Pena falsely identified himself as Joseph Allen Fields. Pilarte-Rivera is a naturalized U.S. citizen, also born in the Dominican Republic. According to his plea agreement, during the events charged in his case, Pilarte-Rivera had an application pending to be a Baltimore City police officer.
Investigators asked the men about the vehicle and the reason for attempting to obtain entry to the co-conspirator’s apartment. Both Pilarte-Rivera and Solano-Pena claimed to have arrived at the apartment to pick up some items for a friend whom they identified by an alias. Pilarte-Rivera provided a Maryland driver’s license and told officers he had obtained a power of attorney from the co-conspirator in order to enter the apartment and gather some birth certificates for him that he needed. The power of attorney was fraudulently notarized. According to the plea agreements, both men knew there were drugs inside the apartment.
As detailed in his plea agreement, Solano-Pena began to actively resist officers, made an unsuccessful attempt to run, and was quickly subdued by officers. Solano-Pena was fingerprinted and the information yielded prior removals from the United States, his true name (Elvin Solano-Pena) and previous criminal history.
Pilarte-Rivera gave MSP consent to search the black Honda Civic after a canine alerted on the vehicle for the presence of drugs. MSP officers recovered the dispatch phone described above on the driver’s seat.
Solano-Pena pled guilty to a narcotics charge carrying a minimum mandatory sentence of 10 years in prison and a maximum of life in prison. Soriano pled guilty to distribution of heroin and cocaine and faces a maximum term of imprisonment of 20 years. Both defendants also pled guilty to immigration crimes related to their illegal status in the United States. Pilarte-Rivera pled guilty to using a communication facility to facilitate drug trafficking, a crime that carries a maximum sentence of 4 years in prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for Solano-Pena and Soriano for October 25, 2019 at 10:00 a.m. and 11:00 a.m., respectively. Judge Bennett scheduled Pilarte River’s sentencing for October 18, 2018 at 2:30 p.m.
The fourth charged defendant, Ivanovich Mercedes-Soriano, is scheduled for trial on August 26, 2019 at 10:00 a.m.
United States Attorney Robert K. Hur commended the HSI Baltimore and the Maryland State Police for their work in the investigation and thanked U.S. Immigration and Customs Enforcement’s Enforcement Removal Operations for its assistance. Mr. Hur thanked Assistant U.S. Attorneys Sandra Wilkinson and Paul Riley, who are prosecuting the case.
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Texas Man Sentenced to 15 Months for Failure to Properly Register as a Sex OffenderRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Michael Larkin, 61, of Corpus Christi, Texas and formerly of Massachusetts, was sentenced yesterday in U.S. District Court by Judge Jon D. Levy to 15 months in prison and five years of supervised release for failing to update his sex offender registration in Maine and failing to register elsewhere. He pled guilty on February 20, 2019.
According to court records, Larkin was required to register as a sex offender in every state in which he resided as the result of a 1994 Massachusetts conviction for rape and abuse of a child under 16, assault with intent to rape a child under 16, indecent assault and battery on a child under 14, and contributing to the delinquency of a minor. Between 2006 and 2017, Larkin registered as a sex offender in Massachusetts. In September, 2017, Larkin moved to Maine, but failed to register until December, 2017. Shortly thereafter, Larkin left Maine and resided in Alabama and Texas, but failed to register in either state. He also failed to inform the Maine Sex Offender Registry that he left Maine. He was arrested in Texas in June, 2018.
The investigation was conducted by the U.S. Marshals Service.
Ten Years in Federal Prison for Con Man Who Defrauded More Than 200 Undocumented ImmigrantsRead the Press Release
CHICAGO — A con man who operated a fraudulent immigration services business that defrauded hundreds of undocumented immigrants has been sentenced to ten years in federal prison.
JAMES KEEGAN fraudulently offered immigration advocacy services, including guaranteed permanent resident status in the United States, in exchange for a fluctuating fee that averaged $3,000 per applicant. Keegan falsely claimed that he formerly worked as an attorney for the U.S. Department of Homeland Security and that he still had connections there who could quickly approve the permanent resident applications for legal status. More than 200 undocumented immigrants paid him more than $687,000, with many of the fees paid in cash at Keegan’s storefront office in Berwyn. In reality, Keegan was never an attorney and had not worked for DHS, and he never filed any immigration applications on behalf of his undocumented immigrant “clients.” Keegan spent all of the fees on personal expenses, including gambling losses.
Keegan, 57, of Cicero, pleaded guilty in March to one count of wire fraud. U.S. District Judge John Robert Blakey imposed the sentence Wednesday in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; James M. Gibbons, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Chicago; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. Special Assistant U.S. Attorney Christine M. Young represented the government.
According to evidence in the case, Keegan carried out the fraud scheme during a nine-month period in 2017. He attempted to conceal his scam by creating fake approval notices and attempting to purchase bogus immigration documents. A law enforcement search of Keegan’s computers and cell phone revealed that he sought to purchase 35 blank residency cards from an online provider of novelty identification documents.
At the time of his immigration fraud scheme, Keegan was on court supervision after recently being released from federal prison for a prior conviction involving investment fraud.
St. Louis Couple Indicted with Conspiracy to Distribute and Possess FentanylRead the Press Release
St. Louis, MO – Charles T. McRoberts, 49, of St. Louis, and Gernell Armour, 47, of St. Louis, were indicted today on two felony counts each – one count of conspiracy to distribute and possess with the intent to distribute 400 grams or more of fentanyl and one count of possessing with the intent to distribute 400 grams or more of fentanyl.
According to the court documents, on July 9, 2019, detectives with the St. Louis Metropolitan Police Department were conducting a narcotics investigation at the United Parcel Service (UPS) Shipment Sorting Center on Jefferson Avenue in St. Louis, MO. After becoming suspicious of a brown package addressed to 4715 Sacramento Avenue, a K-9 dog conducted a sniff of the package and gave a positive response to the odor of narcotics. After obtaining a search warrant and conducting a search of the package, officers located and seized two cylinders wrapped in green electrical tape, each of which contained a plastic bag with fentanyl. The total amount of fentanyl seized was approximately 962 grams.
On July 12, 2019, a UPS security representative delivered a decoy package to the address on Sacramento where it was accepted by Armour. Shortly after acceptance, McRoberts arrived and approached the package. McRoberts was arrested.
If convicted, each count carries a maximum penalty of 10 years in prison and a $250,000 fine each. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The Drug Enforcement Administration and the St. Louis Metropolitan Police Department are investigating this case. Special Assistant United States Attorney Nauman Wadalawala is handling the case for the U.S. Attorney’s Office.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Springfield Man Pleads Guilty in Federal Court to Drug and Gun ChargesRead the Press Release
United States Attorney Brandon J. Fremin announced today that JIMMY E. LINDSEY, age 33, of Springfield, Louisiana, pled guilty on July 24, 2019, before U.S. District Judge Brian A. Jackson to possession with intent to distribute methamphetamine, marijuana, and oxycodone, and possession of a firearm in furtherance of a drug trafficking crime. As a result of his guilty plea, LINDSEY faces a significant term of imprisonment, fine, and period of supervised release.
According to admissions made as part of his guilty plea, LINDSEY possessed the firearm as part of his drug trafficking operation. Specifically, on July 5, 2018, agents with the Louisiana Probation and Parole, along with Livingston Parish Sheriff’s Office narcotics detectives, attempted to conduct a compliance check at LINDSEY’s residence. LINDSEY was on probation for felony narcotics distribution charges in Livingston Parish. Agents were aware that LINDSEY would be driving a black BMW. While patrolling the area near the LINDSEY’s residence, detectives encountered a black BMW leaving the area. Detectives observed the driver of the BMW fail to utilize turn signals on two separate occasions and initiated a traffic stop.
As detectives approached the vehicle, they recognized the driver to be LINDSEY. They also smelled a strong odor of marijuana emitting from the vehicle. As LINDSEY was secured, the deputies found a loaded Smith and Wesson .380 pistol, in LINDSEY’s back right pants pocket. The detectives also located methamphetamine and oxycodone pills in LINDSEY’s right pants pocket, as well as two zip-lock bags of marijuana in the trunk of the vehicle.
U.S. Attorney Brandon Fremin stated, “Defendants like this who brazenly continue to commit crimes in violation of felony probation will be held accountable on our watch. This conviction is yet another example of our office’s commitment to keep convicted criminals from continuing to poison our citizens with illegal drugs. I want to thank our prosecutor, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisiana Office of Probation and Parole, and Livingston Parish Sheriff’s Office for their work in this case. This kind of collaboration among federal and local law enforcement ensures that convicted felons do not continue to deal drugs and commit crimes in our communities.”
“Our goal is to protect our citizens. Period. The veterans within the LPSO Narcotics Division focus on knowing the players, uncovering the illegal activity & providing a solid case for prosecution. I appreciate their dedication to Livingston Parish & the working relationship we have with our law enforcement partners and the U.S. Attorney,” stated Livingston Parish Sheriff Jason Ard.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with critical assistance from the Louisiana Probation and Parole Office and the Livingston Parish Sheriff’s Office, and is being prosecuted by Assistant United States Attorney Eli J. Abad.
South Bend, Indiana Man SentencedRead the Press Release
SOUTH BEND - Nathan Winfield, age 21, South Bend, Indiana, was sentenced before United States District Court Judge Robert L. Miller, Jr. upon his plea of guilty to possession of a firearm in furtherance of a drug trafficking crime.
Mr. Winfield was sentenced to 60 months imprisonment followed by 1 year of supervised release.
According to documents in this case, in January 2019, a search warrant was executed at a South Bend residence where Mr. Winfield and others were located. During the search, crack cocaine, digital scales, and several loaded guns were found. A loaded AK-47 rifle with the stock sawed off was located in Winfield’s bedroom. The rifle was jointly purchased by Winfield and the others in the home. Winfield admitted to selling crack cocaine out of the residence and using the rifle to protect the drugs, proceeds of drug sales, and the people in the home where the drug dealing was occurring.
This case is being investigated by the ATF with the assistance of the South Bend Police Department. The case is being handled by Assistant U.S. Attorney Joel Gabrielse.
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Shreveport man sentenced to 18 months for financial aid fraud scheme at Bossier Parish Community CollegeRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that a Shreveport man was sentenced for his role in a financial aid fraud scheme at Bossier Parish Community College (BPCC), which caused a loss of more than $400,000.
Deundre Fleeks, 27, was sentenced by Chief U.S. District Judge S. Maurice Hicks Jr. to serve 18 months in federal prison and one year of supervised release following imprisonment. He was also ordered to pay $391,839 restitution.
Fleeks enrolled 20 individuals in BPCC and completed a Free Application for Federal Student Aid (FAFSA) and Master Promissory Notes in each of the students’ names. Once the money was received, Fleeks would attend classes and complete coursework for the students. In return, each student paid Fleeks $1,000 per semester from the money the students received in Direct Loans and Pell Grants. The Department of Education disbursed $262,793 in Federal Direct Stafford Loans and $144,052 in Federal Pell Grants during the course of the scheme, which took place from August 2014 to September 2016. Fleeks pleaded guilty on December 13, 2018.
The U.S. Department of Education, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Seth D. Reeg prosecuted the case.
Shelbyville Woman Sentenced to 21 Years for Distributing Heroin that Resulted in a DeathRead the Press Release
FRANKFORT, Ky. – Yesterday, Kari Dawn Yount, 32, of Shelbyville, Kentucky, was sentenced to 21 years in federal prison, by U.S. District Judge Gregory F. Van Tatenhove, for distributing heroin that caused an overdose death. An individual identified in court documents as C.N.M., 22, fatally overdosed on a mixture of heroin and acrylfentanyl, on March 1, 2017, in Franklin County. The investigation by the Frankfort Police Department identified Yount as the person responsible for selling the drug mixture to C.N.M. Yount pleaded guilty to the offense on March 25, 2019.
Under federal law, Yount must serve 85 percent of her sentence. Upon her release from prison, she will also be under the supervision of the U.S. Probation office, for a period of five years.
“When people distribute these dangerous drugs, they are placing many lives and their own freedom in jeopardy,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “To be clear, we are committed to combatting illegal opioid distribution with all the tools available to us. The potential for significant sentences, such as this one, loom for those convicted of selling this poison and causing needless deaths. We are thankful for the great work of our law enforcement partners, as we all work toward reducing the impact of the opioid scourge in our communities.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Christopher Evans, Special Agent in Charge, DEA Louisville; and Charles Adams, Chief of Police, Frankfort Police Department, jointly made the announcement. The United States was represented by Assistant United States Attorney Todd Bradbury.
Scranton Funeral Home Director Sentenced to 15 Months’ Imprisonment for TaxRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Al T. Hughes, age 60, of Scranton, Pennsylvania, was sentenced by United States District Court Judge James M. Munley to 15 months’ imprisonment followed by a three-year term of supervised release and a $4,000 fine, for tax evasion.
According to United States Attorney David J. Freed, Hughes diverted approximately $892,000 in corporate receipts to his personal benefit, and failed to report the diverted receipts as income on his federal tax returns. The resulting tax loss to the United States is approximately $231,349. Hughes began diverting corporate receipts in 2009 and continued through 2014, and cashed hundreds of customer checks, intended for payment of funeral home services, at various financial institutions, including a check cashing service in Scranton. Hughes diverted corporate receipts from four area funeral homes, including the Thomas J. Hughes Funeral Home, the Eagan-Hughes Funeral Home, the McGoff-Hughes Funeral Home, and the Davies & Jones Funeral Chapel.
Judge Munley also ordered Hughes to pay $231,349 in restitution to the IRS. Hughes is to surrender to the Bureau of Prisons on September 25, 2019.
“Paying fairly assessed taxes is a solemn obligation of citizenship,” said U.S. Attorney Freed. “Al Hughes brazenly shirked that obligation and stole from all of us. Working together with our partners at IRS - Criminal Investigation we will continue to vigorously prosecute these cases.”
“Al T. Hughes stole from the American public when he failed to pay his fair share of taxes,” said Guy Ficco, IRS Criminal Investigation Special Agent in Charge. “Those contemplating similar crimes should take note of the sentence handed down today. IRS-CI will continue to protect the integrity of the tax system by ensuring everyone pays the right amount of tax."
The investigation was conducted by the Internal Revenue Service Criminal Investigation– Scranton Office. Assistant United States Attorney Michelle Olshefski prosecuted the case.
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San Jose Residents Charged with Alleged Conspiracy to Distribute Methamphetamine and FentanylRead the Press Release
SAN JOSE – A federal grand jury indicted Miguel Angel Bravo Vasquez, Francisco Heredia Munoz, and Jose Alberto Cruz Garcia with conspiring to distribute methamphetamine and fentanyl, and related charges, announced United States Attorney David L. Anderson and Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.
The indictment, filed earlier today, describes a drug distribution conspiracy that continued from about September 11, 2018, to July 17, 2019, including distributions of methamphetamine and fentanyl. An affidavit filed by a special agent with HSI in connection with a criminal complaint filed in the same case describes an investigation into a drug trafficking organization in San Jose. The complaint alleges that on September 11, 2018, in San Jose, Bravo Vasquez, 33, and Heredia Munoz, 47, sold HSI undercover agents five pounds of methamphetamine, then delivered the payment to Cruz Garcia, 37, for that methamphetamine. In addition to the methamphetamine, Bravo Vasquez and Heredia Munoz allegedly gave the undercover agents a sample of 100 blue fentanyl pills. Further, on December 18, 2018, Bravo Vasquez, Heredia Munoz, and Cruz Garcia allegedly sold the undercover agents additional fentanyl pills. The complaint alleges that on July 17, 2019, the three defendants attempted to sell the undercover agents another 37 pounds of methamphetamine, but were arrested during the transaction.
The indictment filed today charges all three defendants with one count of conspiracy to distribute and possess with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 846 and 841(a)(1); one count of possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii); and one count of possession with intent to distribute and distribution of fentanyl, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(vi). Defendants Bravo Vasquez and Heredia Munoz are also charged with one additional count of possession with intent to distribute and distribution of methamphetamine. All three defendants were arrested on July 17, 2019, and remain in federal custody. In proceedings today before U.S. Magistrate Judge Virginia K. DeMarchi, defendants Heredia Munoz and Cruz Garcia were arraigned on the charges. Bravo Vasquez is scheduled to be arraigned before Magistrate Judge DeMarchi on July 29, 2019, at 1:30 p.m.
An indictment merely alleges that crimes have been committed, and Bravo Vasquez, Heredia Munoz, and Cruz Garcia, like all defendants, are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of any of the drug charges, the defendants face a maximum statutory sentence of 40 years in prison and a fine in the amount of $5,000,000. The court also may order an additional term of supervised release, and fines or other assessments. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Scott Simeon is prosecuting the case with the assistance of Tong Zhang. The prosecution is the result of an investigation by HSI.
Sacramento Man Pleads Guilty to Producing Child PornographyRead the Press Release
SACRAMENTO, Calif. —Javontae D. Rucker, 27, of Sacramento, pleaded guilty today to production of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between February 1, 2017, and March 31, 2017, while babysitting, Rucker took advantage of an infant in his care, and he used his cellphone to produce child pornography images and a video of the victim. Rucker also admitted to possessing over a thousand child pornography videos and images of other victims.
This case is the product of an investigation by the Internet Crimes Against Children Task Force, composed of various law enforcement agencies, including the Sacramento County Sheriff’s Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Rosanne L. Rust is prosecuting the case.
Rucker is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Oct. 24. Rucker faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Providence Man Pleads Guilty to Trafficking FentanylRead the Press Release
BOSTON – A Providence man pleaded guilty in federal court in Boston yesterday in connection with a fentanyl conspiracy.
Dario Bier Romero, 28, of Providence, R.I., pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl, one count of possession with intent to distribute and distribution of 40 grams or more of fentanyl, and one count of possession with intent to distribute and distribution of 400 grams or more of fentanyl. Romero and co-defendant Gerson Franco Guerrero were arrested in June 2018 and have been in custody since their arrests.
On June 21, 2018, approximately three kilograms of fentanyl were seized from Romero and Guerrero during a federal investigation. During the execution of a search warrant at Romero’s residence in Providence, investigators seized an additional kilogram of fentanyl and drug packaging paraphernalia.
Guerrero has pleaded guilty and is scheduled to be sentenced today.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release, and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division, made the announcement today. Assistance was provided by the Massachusetts State Police and Woburn and Providence (R.I.) Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Prolific Fentanyl Dealer Pleads GuiltyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Willie Bryant (25, Parrish) has pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl. He faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Bryant conspired to distribute fentanyl from at least September 2018 through February 27, 2019. In early 2019, Bryant sold fentanyl in increasing amounts to an undercover detective on multiple occasions. On February 27, 2019, Bryant again met the undercover detective to sell an ounce of fentanyl. When Bryant arrived at the meeting location, law enforcement detained him and recovered the fentanyl. During an interview with investigators, Bryant admitted to having obtained over a kilogram and a half of fentanyl from a variety of sources of supply during the previous six months, which he then distributed.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
The investigation was conducted by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
Prolific Dark Web Dealer of Carfentanil and Fentanyl Pleads GuiltyRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that RICHARD CASTRO, a/k/a “Chemsusa,” a/k/a “Chems_usa,” a/k/a “Chemical_usa,” a/k/a “Jagger109,” pled guilty today to money laundering and to participating in a conspiracy to distribute carfentanil, fentanyl, and a fentanyl analogue over the “dark web,” including on AlphaBay and Dream Market. CASTRO also agreed to forfeit more than $4 million in criminal proceeds. CASTRO pled guilty before U.S. District Judge Denise L. Cote.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As he admitted today, for years, Richard Castro used the dark web to distribute prolific quantities of powerful opioids, including fentanyl and carfentanil. Castro thought he could hide behind the anonymity of the internet, and use online pseudonyms to deal drugs – like ‘Chems_usa’ and ‘Chemical_usa.’ Thanks to our law enforcement partners, ‘Chems_usa’ is now in U.S. prison.”
According to the allegations in the Indictment to which RICHARD CASTRO pled guilty, public court filings, and statements made in court:
From November 2015 through March 2019, CASTRO conspired to distribute carfentanil, fentanyl, and phenyl fentanyl (an analogue of fentanyl). Fentanyl is a synthetic opioid that is significantly stronger than heroin, and carfentanil is a fentanyl analogue that is approximately 100 times stronger than fentanyl. For most of the conspiracy, CASTRO and a co-conspirator dealt drugs over the dark web, using the monikers “Chemsusa,” “Chems_usa,” and “Chemical_usa.” CASTRO was an operator of these online monikers and the leader of this conspiracy. On one dark web marketplace, Dream Market, CASTRO boasted that he had completed more than 3,200 transactions on other dark web markets, including more than 1,800 on AlphaBay. The customer feedback for “Chemsusa” included, “Extremely potent and definitely the real Carf,” as well as “The Carfent is unbelievably well synthesized, keep up the amazing work.”
In June 2018, CASTRO, using the “Chemsusa” moniker, informed his customers that he was moving his business off dark web marketplaces and would accept purchase requests for narcotics only via encrypted email. To learn the off-market email address, “Chems_usa” required willing customers to pay a fee. An undercover law enforcement officer paid this fee, obtained the encrypted email address, and placed orders with CASTRO. CASTRO’s co-defendant, Luis Fernandez, shipped narcotics on behalf of the conspiracy, including from New York City.
CASTRO’s customers paid him in Bitcoin. CASTRO laundered his narcotics proceeds in several ways, including by funneling millions of dollars through his Bitcoin wallets and by buying approximately 100 quadrillion Zimbabwe bank notes, among other valuables.
Under the terms of his plea agreement, CASTRO has agreed forfeit $4,156,198.18, including the funds or currency in seven different Bitcoin wallet addresses.
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RICHARD CASTRO, 36, of Windermere, Florida, pled guilty to one count of conspiracy to distribute and possess with the intent to distribute three controlled substances – carfentanil, phenyl fentanyl, and fentanyl, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; and one count of money laundering, which carries a maximum sentence of 20 years in prison. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. Sentencing is scheduled for October 25, 2019, at 2:30 p.m. before Judge Cote.
Mr. Berman praised the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the New York City Police Department for their outstanding investigative work. Mr. Berman also thanked the Internal Revenue Service and the Orange County, Florida, Sheriff’s Office for their assistance in this case.
This matter is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Michael D. Neff, Aline R. Flodr, and Ryan B. Finkel are in charge of the prosecution.
Principal of Cryptocurrency Escrow Company Charged in Manhattan Federal Court with Fraudulent Scheme Involving over $7 MillionRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a Complaint in Manhattan federal court charging JON BARRY THOMPSON, a/k/a “J. Barry Thompson,” the principal of the cryptocurrency escrow company Volantis Escrow Platform LLC and the related company Volantis Market Making LCC (collectively “Volantis”) with commodities fraud and wire fraud offenses. As alleged, THOMPSON took over $7 million from two victim companies after making false representations in connection with Bitcoin transactions. THOMPSON was arrested this morning in Easton, Pennsylvania, and will be presented later today before United States District Judge Joseph Leeson in the Eastern District of Pennsylvania.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Jon Thompson induced investors to engage in cryptocurrency transactions through his company, Volantis Market Making, by touting a transaction structure that would eliminate any risk of loss during the purchase. As his clients soon realized, however, Thompson’s representations were false, and these cryptocurrency investors ultimately lost all of the money they had entrusted with him because of his lies. Whether a transaction involves cryptocurrency, or any other type of currency, commodity or security, this Office is committed to rooting out fraud and protecting the integrity of our markets.”
FBI Assistant Director-in-Charge Sweeney said: “Thompson allegedly thought no one would ask where their actual money went when they trusted him to invest in Bitcoin. Using phrases and terminology that the victim companies didn't understand, he allegedly preyed on their ignorance of the emerging cryptocurrency. Our job at the FBI is to investigate fraud and follow the money wherever it leads.”
As alleged in the Complaint unsealed today in Manhattan federal court:[1]
THOMPSON claimed in promotional materials that Volantis “minimize[d] settlement default risk” in cryptocurrency transactions. THOMPSON claimed that because Volantis acted as a custodian of assets for “both sides of the transaction, there is no risk of default.”
In June and July 2018, THOMPSON induced one victim company (“Company-1”) to send Volantis over $3 million to fund the purchase of Bitcoin for Company-1 after falsely assuring Company-1 that THOMPSON had the Bitcoin in hand and Company-1’s money could not be lost. After taking Company-1’s money and failing to provide any Bitcoin in return, THOMPSON lied for days about why the deal had not worked out and the location of Company-1’s Bitcoin and money, which was never returned. Among other things, THOMPSON provided Company-1 with a false account statement purporting to show Company-1’s money held for it by THOMPSON, when in fact THOMPSON had already misappropriated thousands of dollars of Company-1’s money. Additionally, even though THOMPSON had told Company-1 that before any transaction “cash is with me, coin is with me,” THOMPSON sent over $3 million of Company-1’s money to a third-party entity purportedly in exchange for Bitcoin without first receiving any of the Bitcoin in hand. THOMPSON never returned Company-1’s money, nor provided it with any Bitcoin.
In July 2018, THOMPSON induced another victim company (“Company-2”) to send Volantis over $4 million to fund the purchase of Bitcoin for Company-2 based on false representations. After receiving Company-2’s money, THOMPSON sent a substantial portion of the money to a third party—about whom THOMPSON was aware of several warning signs—without first receiving any Bitcoin in return. THOMPSON never provided Company-2 with any Bitcoin, nor did he return Company-2’s money. THOMPSON also lied to Company-2 about the location of the Bitcoin and the reasons the transaction was not completed.
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THOMPSON, 48, of Easton, Pennsylvania, is charged with two counts of commodities fraud, each of which carries a maximum sentence of 10 years in prison, and two counts of wire fraud, each of which carries a maximum sentence of 20 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and also thanked the Commodity Futures Trading Commission for its assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Jordan Estes and Drew Skinner are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Polk County Man Sentenced to Prison for Burglarizing and Stealing from Federally Licensed Firearms DealerRead the Press Release
Talique McKenzie, 20, of Winter Haven, was sentenced by U.S. District Judge Donald M. Middlebrooks to five years in prison yesterday, after having previously pled guilty to stealing firearms from a federally licensed firearms dealer (Case No. 19-CR-14013).
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office and Paul Blackman, Sheriff, Highlands County Sheriff’s Office, made the announcement.
According to the court record, on January 25, 2019, McKenzie and an accomplice burglarized Bean Armory, Inc., a federally licensed firearms dealer in Lake Placid, Florida. McKenzie and his accomplice stole 27 firearms from Bean Armory, after which they led law enforcement on a high-speed chase through Highlands County in a stolen vehicle. McKenzie left the stolen vehicle behind a residence and fled on foot to a nearby dock, where he was apprehended by detectives from the Highlands County Sheriff’s Office. McKenzie intended to sell the firearms he stole from Bean Armory to drug dealers in Polk County.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the ATF and Highlands County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Michael D. Porter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Orlando Man Sentenced to 10 Years for Robbing Four Banks in Central and North FloridaRead the Press Release
Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Robert Ray (47, Orlando) to 10 years in federal prison for bank robbery. Ray had pleaded guilty on April 9, 2019.
According to court documents, Ray robbed two banks and attempted to rob a third in central Florida on December 14 and December 17, 2018. On December 20, 2018, he robbed a fourth bank in Live Oak, Florida. At each bank, Ray walked through the front door and waited in line for the teller. When he approached the window, Ray asked the teller for “all the $100s and $50s.” In total, Ray obtained $7,200.
This case was investigated by the Federal Bureau of Investigation and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Nathan W. Hill.
Operation Mountaineer Highway Update: Fayette County Teenager Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a Fayette County teenager was sentenced in federal court for his role in a federal drug conspiracy. John D. Toney, 19, of Scarbro, was sentenced to 30 months in federal prison after a long-term investigation. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Tragic. The nightmare of every parent of a teenager,” said United States Attorney Mike Stuart. “The world is filled with opportunity and it’s awfully sad when one of our children alters their future by becoming a drug dealer.”
Toney previously admitted that from October 2017 through July 31, 2018, that he participated in a drug trafficking organization that distributed oxycodone, heroin, and methamphetamine in Fayette County, West Virginia. Toney admitted that during this time period, he participated in the distribution of oxycodone pills, assisted other members of the drug trafficking organization in acquiring over 100 grams of heroin on July 16, 2018, and further admitted to distributing more than 50 grams of a substance containing methamphetamine.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
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Olivehurst Man Arrested for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — An indictment was unsealed today after the arrest of John Maasen, 64, of Olivehurst, who is charged with receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between March 26, 2013, and January 15, 2019, Maasen knowingly received visual depictions of minors engaged in sexually explicit conduct.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Shea J. Kenny and Amy Schuller Hitchcock are prosecuting the case.
If convicted, Maasen faces a minimum statutory penalty of 15 years in prison and a maximum penalty of 40 years in prison, as well as a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Ocala Convicted Felon Pleads Guilty to Federal Firearm and Ammunition ChargeRead the Press Release
Ocala, Florida – David Walter Hendershot (41, Ocala) today pleaded guilty to an indictment charging him with possession of a firearm and ammunition affecting commerce by a previously convicted felon. Hendershot faces a maximum penalty of 10 years in federal prison. A sentencing date has been set for October 25, 2019.
According to the facts described in open court, on March 30, 2019, a City of Ocala police officer discovered Hendershot asleep behind the wheel of a running automobile. Hendershot told the officer that he had been using illegal drugs and that there likely was a firearm in the automobile. A subsequent search revealed a baggie of fentanyl on Hendershot’s person and a loaded handgun in the center vehicle console.
Hendershot confessed that he had a prior robbery conviction in New York. He also admitted that he illegally carried the firearm because he was not going to be “caught without a gun, need it, and not have it.” As a convicted felon, however, Hendershot is prohibited from possessing firearms and ammunition under federal law.
This case was jointly investigated by the Ocala Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
North Carolina Man Indicted for Spree of Harrisburg RobberiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Rinehardt, age 20, of Statesville, North Carolina, was indicted on July 24, 2019, by a federal grand jury on robbery and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that on
April 6, 2019, Rinehardt and his coconspirators robbed the following five business and their customers at gunpoint in Harrisburg:
- Los Brothers Mini Mart - cash and cartons of cigarettes;
- V and E Market - cash and cartons of cigarettes;
- Sayford Market - cash and other property;
- Al’s Café – credit cards, cellphones, cash, and a tip jar; and
- Beer King – over $1,500 cash.
The criminal information also alleges that on April 8, 2019, Rinehardt and his coconspirators robbed a Rite Aid pharmacy in Harrisburg. The coconspirators brandished firearms at the employees and then fled the store with cash and quantities of oxycodone, acetaminophen, and oxymorphone hydrochloride.
The matter was investigated by the Federal Bureau of Investigation, the Lower Paxton Police Department, and the Harrisburg Bureau of Police. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Missouri Pain Medicine Doctor and Wife Indicted for Purchasing Illegal Medical Devices and Healthcare FraudRead the Press Release
St. Louis, MO –Dr. Abdul Naushad, 55, and his wife, Wajiha Naushad, 44, both of Town and Country, MO, were indicted today in a 21-count indictment for purchasing non-FDA approved medical devices, Orthovisc, from Canada and England and smuggling the same devices into the United States. The couple was also charged with health care fraud related to billing for the same devices, when they knew Medicare and Medicaid would not reimburse for the non-FDA approved devices. Orthovisc, in a pre-filled syringe, is injected into the knee to relieve osteoarthritis pain and is available only by prescription. Dr. Naushad did not disclose to his patients that they were receiving non-FDA approved Orthovisc.
Dr. Naushad and Wajiha Naushad own and operate a number of pain management clinics, at times simultaneously owning as many as six pain management clinics in Missouri. All the clinics operate under the name Advanced Pain Center or APC.
In 2010, Dr. Naushad, Wajiha Naushad, their pain management clinics, and their billing company reached an $820,000 civil agreement with the United States for submitting false reimbursement claims to Medicare, Medicaid, and TRICARE. The claims falsely indicated that a physical therapist provided one-on-one services to patients, when they knew the services were provided on a machine that was experimental and not covered by federal health care programs.
If convicted, Dr. Naushad and his wife will be excluded from participating in any way with the federal health care programs for a minimum of five years.
In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case is being investigated by the Food and Drug Administration, the Drug Enforcement Administration, the Department of Health and Human Services, and the Missouri Medicaid Fraud Control Unit. Assistant United States Attorney Dorothy McMurtry is handling the case.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Minnesota Couple Pleads Guilty for Long-Running Fraud SchemeRead the Press Release
Detloff Marketing and Asset Management Inc. (Detloff Marketing), a real estate company based in Hopkins, Minnesota; its owner, Jeffery J. Detloff; and its accountant, Lori K. Detloff, pleaded guilty today in the U.S. District Court in St. Paul, Minnesota, for their participation in a long-running fraudulent bidding and kickback scheme in connection with foreclosed properties, the Department of Justice announced today.
According to court documents, from September 2007 and continuing until June 2015, Jeffery Detloff, of Minnetonka, Minnesota, conspired to defraud mortgage lenders and guarantors who had hired Detloff, a realtor, to oversee maintenance and repairs on foreclosed homes in the Minneapolis-St. Paul area. Jeffery Detloff steered maintenance and repair contracts to contractors who would pay a kickback to Detloff Marketing. Unbeknownst to his customers, Jeffery Detloff and Detloff Marketing included the kickbacks within bids and invoices sent to the lender or guarantor for reimbursement on maintenance and repairs. Lori Detloff, also of Minnetonka, Minnesota, was an accountant responsible for ensuring the kickbacks were paid by contractors to Detloff Marketing. In all, Detloff Marketing received over $291,505 in kickbacks.
“For years, the defendants orchestrated and executed a scheme that allowed them to reap illicit profits from homes in foreclosure,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “These plea agreements demonstrate the Justice Department’s continued commitment, and that of our law enforcement partners, to protect victims, including Fannie Mae and Freddie Mac, from those who subvert competition using false, fraudulent, and sham bids.”
“In this case, the Detloffs abused their power and position with self-serving behavior that essentially increased mortgage costs to customers of the victim lenders,” said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division. “The FBI works hand in hand with federal prosecutors to root out this type of fraud and hopes this case has a chilling effect on others who may have designs on similar behavior when put in positions of trust by lenders.”
Detloff Marketing and Jeffery Detloff pleaded guilty to Count 1 of the Indictment, which charged a conspiracy to commit mail and wire fraud affecting a financial institution. Lori Detloff pleaded guilty to aiding and abetting the principal offense described in Count 4 of the indictment, mail fraud affecting a financial institution. As part of their plea agreements, the Antitrust Division agreed to move to dismiss the remaining counts against Detloff Marketing, Jeffery Detloff, and Lori Detloff upon sentencing.
This is the second case involving fraud and kickbacks relating to maintenance and repair contracts for foreclosed properties in the Minneapolis-St. Paul area. The conspiracy and fraud charges carry a maximum penalty of 30 years in prison and a fine of $1,000,000. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
In addition to their guilty pleas, the defendants agreed to pay restitution in the amount of $291,505. The terms of the plea agreements are subject to the approval of the Court.
The plea agreements announced today are the result of a federal investigation of housing repair contracts in the Minneapolis area. The investigation is being conducted by the Antitrust Division’s Chicago Office and the FBI’s Minneapolis Division. Anyone with information on customer allocation, bid rigging, price fixing, or other anticompetitive conduct related to the real estate industry in Minnesota should contact the Antitrust Division’s Chicago Office at 312-984-7200.
McKenzie, Tennessee Man Sentenced to Life Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
Jackson, TN –Marlon "Jazz" Taylor, 34, has been sentenced to life in prison on federal charges of conspiracy to distribute 50 grams or more of actual methamphetamine. U.S. Attorney D. Michael Dunavant announced the sentence today.
This is the first sentencing in a case involving multiple defendants including Nicholas Rodgers, Tarus Taylor, Elizabeth Espey, Terry Weathers, Richie Henderson, Derrick Howard, Duane Smith and Bobby Joe Kemp, Jr. on charges of conspiracy to distribute methamphetamine.
According to information presented in court, the Federal Bureau of Investigation (FBI), United States Postal Inspection Service (USPIS), 24th Judicial District Drug Task Force (JDDTF) and Carroll County Sheriff’s Office began an investigation into Jazz in late 2016. Agents discovered that Jazz and other co-conspirators were trafficking in methamphetamine, cocaine and marijuana from California and Georgia. Investigators used multiple investigation techniques to dismantle this drug trafficking organization to include surveillance, confidential sources, traffic stops, and search warrants.
USPIS and the JDDTF intercepted a package mailed from California to an address in McKenzie, Tennessee. A federal search warrant was executed on the package, which contained approximately 893 grams of actual methamphetamine, with a purity level of 91%, and 1,810 grams of marijuana. In October 2017, the USPS discovered similar shipments from California to a residence in Trezevant, Tennessee. Surveillance of the residence revealed that after the packages were delivered to the residence, they would be delivered to Jazz’s residence in McKenzie, Tennessee. On or about April 2018, Carroll County Sheriff’s Office deputies obtained an arrest warrant for Jazz. Pursuant to the warrant, deputies conducted a parole search at Jazz’s residence and found multiple firearms in the bedroom. Also found was approximately 4.5 pounds of marijuana,
$14,000 in U.S. currency and multiple cell phones. A search of the cell phones revealed multiple text messages between Jazz and co-defendants, detailing drug and money transactions. As a result, FBI agents traveled to California and executed a search warrant on the drug trafficking organization’s source of supply.
On April 10, 2019, Jazz pled guilty to conspiracy to possess with intent to distribute 50 grams or more of methamphetamine.
During the sentencing hearing, the United States put on multiple co-defendants who testified about their involvement in the drug conspiracy, including the drug amounts that were being obtained on behalf of Jazz. The total amount of actual methamphetamine obtained during this drug conspiracy was approximately 7 ½ kilograms of actual methamphetamine, 963.8 grams of cocaine and 12,922.7 grams of marijuana. Jazz was found to be the leader or organizer of the organization involving five or more participants. Jazz’s sentence was also enhanced because firearms were present and for maintaining a stash house.
Also, during the sentencing hearing the United States showed evidence that Jazz attempted to influence the testimony of a co-defendant by sending a note to falsely claim that Jazz had no involvement with methamphetamine. Jazz was found to have attempted to obstruct justice based on this conduct.
U.S. Attorney D. Michael Dunavant said: "Drug trafficking offenses are at the root of some of the gravest problems facing our country. The ‘fruit’ of the drug plague is everywhere; it fills our jails, our courts, our streets, and our nurseries. Accordingly, given that drug dealers themselves sentence many individuals to a lifetime of addiction and dependency, a life sentence for repeatedly dealing large quantities of dangerous drugs is a just and proper punishment in this case. Criminal enterprises that distribute harmful drugs into our rural communities can no longer hide, and this maximum sentence demonstrates our ability to dismantle their organizations."
"Drug dealers are committed to poisoning our neighborhoods with narcotics, but this sentencing should demonstrate that law enforcement has an even greater commitment to disrupt and dismantle drug trafficking organizations," said M.A. Myers, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "This sentence should cause drug traffickers to truly rethink their chosen path, because the FBI and our law enforcement partners will continue to work tirelessly to eliminate these criminal enterprises and lock them up."
"The war on drugs has been an on-going and hard fought battle for law enforcement" stated David M. McGinnis, Inspector in Charge, Charlotte Division. "The U.S. Postal Inspection Service aggressively investigates cases involving the misuse of the U.S. mail system by criminals who traffic illegal contraband such as narcotics. I fully commend the hard work and countless hours put forth by all of the law enforcement agencies involved, which resulted bringing this individual to justice."
Carroll County Sheriff Andy Dickson said: "I would like to begin by taking this opportunity to thank U.S. Attorney Michael Dunavant and his staff of attorneys, especially Jerry Kitchen, who without their tireless work this operation would not have been possible. I would also like to thank all of the agencies that played a part in this intensive drug operation to include the Carroll County Sheriff’s Office, 24th Judicial District Drug and Violent Crime Task Force, the Federal Bureau of Investigation, the Tennessee National Guard Counter Drug Unit and the United States Postal Inspection Service.
The sentence handed down in this case was just part of an ongoing criminal investigation into the distribution of illegal narcotics that affects Carroll and surrounding counties. Others have already been sentenced involving this case and others await their day in front of a United States Federal Court. I would like for this operation to send notice to others in our jurisdiction that if you continue to attempt to poison our citizens with the illegal substances that you sell that we will be working diligently to build a case against you and others."
On July 24, 2019, Senior U.S. District Court Judge J. Daniel Breen sentenced Jazz to life in federal prison followed by 5 years supervised release. There is no parole in the federal system.
This prosecution is part of an extensive investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat 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.
This case was investigated by the Federal Bureau of Investigation (FBI), United States Postal Inspection Service (USPIS), 24th Judicial District Drug Task Force (JDDTF) and Carroll County Sheriff’s Office.
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on behalf of the government.
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Massachusetts Man Sentenced to 12½ Years for Possession with Intent to Distribute FentanylRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Ariel Martinez, 32, of Lawrence, Massachusetts, was sentenced today in U.S. District by Judge D. Brock Hornby to 12½ years in prison and three years of supervised release for possession with the intent to distribute fentanyl. Martinez pleaded guilty on February 19, 2019.
Court records reveal that on November 21, 2017, state law enforcement agents went to a Brunswick, Maine residence to investigate a suspected drug overdose death. The investigation revealed that the decedent obtained fentanyl from a Massachusetts dealer and how to contact that dealer. The next day, an agent, acting in an undercover capacity, placed an order for 20 grams of fentanyl with that dealer for delivery the next day at a designated time and Brunswick location. Agents stopped a vehicle with Massachusetts plates that arrived at the designated time and location. The defendant was a passenger in the vehicle and admitted to having fentanyl in his shoe and pants. Agents seized about 19 grams of fentanyl from the defendant.
The investigation was conducted by the Maine Drug Enforcement Agency; the Brunswick, Bath and Rockland Police Departments; and the Sagadahoc and Knox County Sheriff’s Offices. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Maryland Man Pleads Guilty in September 1999 Kidnapping and Sexual Assault of Somerset County, PA GirlRead the Press Release
JOHNSTOWN, Pa. - A resident of Cumberland, MD, pleaded guilty in federal court to charges of kidnapping and aggravated sexual abuse of person under 12 years old, United States Attorney Scott W. Brady announced today.
Timothy D. Nelson, Jr., 50, pleaded guilty to the two-count information before United States District Judge Kim R. Gibson.
"This horrible crime struck fear into the heart of the community," said U.S. Attorney Brady. "Through the perseverance and dedication of law enforcement and the bravery of the victim, justice has been served."
In connection with the guilty plea, the court was advised that on September 19, 1999, Nelson drove into a Cairnbrook, Pennsylvania neighborhood and drove past a group of three children multiple times. The group was walking when the vehicle came by one more time, stopped, and Nelson exited his car and asked them a question. As the minor victim, a 10-year old girl, began to answer, Nelson grabbed the minor victim and placed her in the car through the driver’s side and exited the area. Nelson then placed the minor victim on the floor of the front passenger seat. While driving away from the area of the abduction, Nelson threatened the minor victim with a handgun pointing it at her head. The minor victim was screaming and Nelson struck the minor victim with his hand in an attempt to quiet her.
At some point, Nelson drove the car and the minor victim into West Virginia. When Nelson eventually stopped the car, he forced the minor victim to perform a sex act. Afterwards, Nelson gave the minor victim a paper bag and napkin to clean herself with. Nelson also cleaned himself and then discarded the bag out the window.
Nelson then drove the vehicle in the direction of Markleysburg, Pennsylvania and shortly after crossing the Pennsylvania line from West Virginia, dropped the minor victim off on the side
of the road, instructed her to count to 100, and then proceed to a location to call her mother. Subsequently, another vehicle happened upon the minor victim who was in distress and offered her assistance. Law enforcement responded, to include the Pennsylvania State Police.
The minor victim was subsequently able to direct law enforcement to the location of the sexual assault and the brown paper bag and napkin were recovered which appeared to contain evidence of the above-described assault. The evidence was subsequently forensically examined and determined to contain multiple partial fingerprints and DNA extracted from the bodily fluids. Certain of the recovered partial prints were identified as originating from the minor victim. There remained unidentified latent prints and a search through the Integrated Automated Fingerprint Identification System (IAFIS), did not return any results at that time. Likewise, the FBI Lab was successfully able to identify a suitable DNA profile at that time, but when compared to the FBI Combined DNA Index System (CODIS) database, no matches were detected.
In April 2004, the FBI Laboratory reported that a DNA profile generated from evidence from a different kidnapping / sexual assault of another minor female, which occurred in September 1988 in Hagerstown, Maryland, was a match to the DNA profile of the 1999 Cairnbrook, Pennsylvania kidnapping event. This match was made from the FBI CODIS database, but the identity of the perpetrator of these crimes was still unknown at that time.
Over the years, advancements were made to IAFIS and the new fingerprint identification system called Next Generation Identification system (NGI) came into existence.
In the Fall of 2018, the partial prints obtained from the brown paper bag and napkin were re-submitted to NGI to search for a possible match. NGI identified a possible match with a person identified as Timothy David Nelson. The FBI Laboratory subsequently confirmed the partial prints as a match to Timothy David Nelson, Jr., who was living in Maryland.
On January 7, 2019, an arrest warrant was issued by the Commonwealth of Pennsylvania charging Nelson with multiple offenses to include, but not limited to, Kidnapping and Aggravated Indecent Assault. Also, a federal search warrant was issued for Nelson’s DNA.
On January 8, 2019, Nelson arrived at the Cumberland (MD) City Police Department and the Pennsylvania arrest warrant and the federal DNA search warrant were executed. Subsequent forensic analysis proved that Nelson’s DNA was a match for the 1999 Cairnbrook kidnapping on September 19, 1999, as well as a match to two separate kidnappings/sexual assaults on minor females from 1988 and 1989 in Maryland.
"This case is just one of the many examples that exemplify the FBI’s mission," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Our agents and law enforcement partners are dedicated to seeing cases through no matter how long it takes and working to get justice for our victims."
Judge Gibson scheduled sentencing for August 27, 2019, at 2 p.m. The law provides for a maximum total sentence of life in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Pennsylvania State Police and the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Nelson.
Local Man Convicted of Robbing Local Convenience Stores with a KnifeRead the Press Release
CORPUS CHRISTI, Texas – A 47-year-old resident of Corpus Christi has entered a guilty plea to two counts of robbery causing an interference with interstate or foreign commerce, announced U.S. Attorney Ryan K. Patrick.
On Oct. 29, 2018, Billy Ray Mitchell robbed the Murphy Express convenience store in Corpus Christi at approximately 7:20 a.m. at knife point. Mitchell forced the clerk into the office where a safe was located and robbed the store of cash, cigarettes and duct tape. Mitchell then abducted the clerk, forcing her into her own vehicle and ordering the clerk to drive him to a nearby apartment complex.
Upon arrival there, Mitchell bound and gagged the clerk using the stolen duct tape, took her cellular telephone and departed the area on foot, leaving the clerk in the vehicle.
Police officers searched the area but were unable to locate Mitchell at that time. Later, agents reviewed video surveillance of the convenience store and noticed that Mitchell was wearing a distinctive neon yellow shirt with “MY SHIRT IS BRIGHTER THAN YOUR FUTURE” printed on the front.
On Nov. 8, 2018, at approximately 4 a.m., Mitchell robbed a Circle K convenience store in Corpus Christi, threatening the store clerk with a large kitchen knife. Mitchell brandished the weapon and forced the clerk at knife point to assist in opening the cash register. Mitchell robbed the store of a pack of cigarettes and the entire contents of the cash register. Again, Mitchell forced the clerk from the store and ordered him to drive him from the scene in the clerk’s own vehicle. This time, the clerk yelled out for help to a nearby patron and Mitchell fled the scene on foot.
Police officers searched the area but were unable to locate Mitchell at that time. However, crime scene investigators were able to recover latent fingerprints from a beer cooler that Mitchell touched. When compared, the fingerprints from the store were determined to be a match to Mitchell.
Agents executed a search warrant on Mitchell’s residence the next day and found the distinctive bright yellow shirt he wore during the Murphy Express robbery.
Mitchell later admitted he committed both robberies.
U.S. District Judge Nelva Gonzales Ramos accepted the plea and set sentencing for Nov. 14, 2019, at which time Mitchell faces up to 20 years imprisonment and a maximum $250,000 fine for each count.
Mitchell has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Corpus Christi Police Department conducted the investigation. Assistant U.S. Attorney David Paxton is prosecuting the case.
Laguna Pueblo Man Charged with Assaulting Intimate Partner by Strangling or Suffocating and Domestic Assault by Habitual OffenderRead the Press Release
ALBUQUERQUE – A federal grand jury has indicted a Laguna Pueblo man on charges of aggravated assault of an intimate partner by strangulation or suffocation and domestic assault by a habitual offender.
Patrick Valencia, 49, of Laguna Pueblo, N.M., made his initial appearance on the two-count indictment in federal court in Albuquerque, N.M., yesterday. Valencia was arraigned on the federal charges this morning and entered a not guilty plea. Also during this morning’s court proceedings, Valencia was ordered detained pending trial.
According to the indictment and other court records, Valencia allegedly committed the crimes charged in the Pueblo of Laguna in Cibola County, N.M., on August 5, 2018. On that day, Valencia allegedly assaulted his intimate partner by strangling and suffocating her. At the time, Valencia previously had been convicted of domestic assaults in the Tribal Court for the Pueblo of Laguna Pueblo court on four prior occasions.
The U.S. Marshal’s Service arrested Valencia on July 17, 2019, at the Pueblo of Laguna Detention Facility where he was being held on related trial charges.
If convicted, Valencia faces up to ten years of imprisonment on the assault of an intimate partner by strangulation or suffocation charge, and up to five years on the domestic assault by an habitual offender charge. Charges in indictments are only allegations. A defendant is presumed innocent unless and until proven guilty.
The BIA Office of Justice Services investigated this case with assistance from the Pueblo of Laguna Tribal Police Department and the U.S. Marshals Service. Assistant U.S. Attorney Michael Murphy is prosecuting the case.
Jury Convicts San Antonio East Side Gang Member on Federal Drug and Firearms ChargesRead the Press Release
Marcus Phillips, a 32-year-old member of the East Terrace Gangsters, faces federal prison time after a jury yesterday afternoon found him guilty of drug and firearms charges, announced U.S. Attorney John Bash.
A federal jury in San Antonio convicted Phillips of one count of possession with intent to distribute more than 28 grams of “crack” cocaine, one count of felon in possession of a firearm, and one count of possession of a firearm in furtherance of a drug trafficking crime. The jury acquitted Phillips of possession with intent to distribute “powder” cocaine.
Evidence at trial revealed that in October 2017, Phillips was operating a stash-type house on the east side of San Antonio. The San Antonio Police Department obtained a search warrant and, upon execution, found nearly one-half kilogram of cocaine--100 grams of which had already been converted into “crack” cocaine; all the tools necessary to convert the powder cocaine into “crack” cocaine were located on the kitchen counter. SAPD also found two assault-style pistols each loaded with 30-round magazines and a bolt-action rifle inside the house along with $1,064 in U.S. Currency.
This warrant occurred during a time of escalating gang violence on the east side of San Antonio.
Phillips, who remains in federal custody, faces a minimum mandatory ten years and up to life in federal prison. Sentencing is scheduled for 10:00am on October 24, 2019, before Chief U.S. District Judge Orlando Garcia in San Antonio.
The San Antonio Police Department investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Drug Enforcement Administration (DEA).
Jamaican National Caught Smuggling Cocaine at Charlotte Airport Is Sentenced to 33 Months in Federal PrisonRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced today that Keshon Kevino Hawthorne, 27, of Jamaica, was sentenced by Chief U.S. District Judge Frank D. Whitney to 33 months in prison and three years of supervised release for smuggling cocaine at the Charlotte-Douglas International Airport (Charlotte airport).
According to filed court documents and today’s sentencing hearing, on November 4, 2018, Hawthorne flew into Charlotte onboard a flight that originated in Montego Bay, Jamaica, with a final destination to New York City. At the airport, Customs and Border Patrol (CBP) agents inspected Hawthorne’s luggage, and seized more than one kilogram of cocaine hidden inside his two suitcases. According to court records, Hawthorne told law enforcement that he had been paid $600 by an individual in Jamaica to deliver the drugs to New York City. Hawthorne also told law enforcement that he had traveled to the United States on 14 occasions in the preceding year, each time smuggling cocaine hidden inside his luggage.
Hawthorne previously pleaded guilty to drug trafficking conspiracy, possession with intent to distribute cocaine, and unlawful importation of cocaine into the United States. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
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In a separate case, on Monday, July 22, 2019, Judge Whitney sentenced Christopher Anthony Samuels, 37, of Montego Bay, Jamaica, to 30 months in prison and three years of supervised release on cocaine trafficking and related charges. According to filed court documents, in November 2018, Samuels flew into the Charlotte airport onboard a flight that originated in Montego Bay, Jamaica. Samuels was scheduled to connect in Charlotte, and fly the same day to New York City. Court records show that, upon entry into the United States, Samuels’ suitcase and backpack were inspected by CBP agents at the airport. Samuels was sent to secondary inspection, during which time CBP officers X-rayed Samuels’ luggage. Upon further inspection, CBP officers, working jointly with Homeland Security Investigations (HSI), discovered two taped bags weighing approximately two kilograms of cocaine, hidden within the suitcase’s bottom liners. As Samuels previously admitted in court, he intended to deliver the cocaine to co-conspirators located in New Jersey. Samuels pleaded guilty to drug trafficking conspiracy, possession with intent to distribute cocaine, and unlawful importation of cocaine into the United States.
In making today’s announcement, U.S. Attorney Murray noted that both cases are the result of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Airport Drug Interdiction Initiative, that targets international drug smuggling and financial crimes, including money laundering, bulk cash smuggling, and unlicensed money transmitters/transporters that utilize air travel to further their criminal enterprise. Through this initiative, HSI incorporates the collaborative efforts of multiple law enforcement agencies, to include CBP, North Carolina Department of Public Safety’s Divisions of Alcohol Law Enforcement (ALE) and Department of Correction (DOC), and the Charlotte-Mecklenburg Police Department.
Sanjeev Bhasker, Assistant U.S. Attorney for the Western District of North Carolina in Charlotte prosecuted both cases.
Jacksonville Man Sentenced to 5 Years in Federal Prison for Distributing Child Sex Abuse Photos over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Marc Lionel Lewis (52, Jacksonville) to five years in federal prison for distributing images depicting the sexual abuse of young children over the internet. Lewis had pleaded guilty on April 4, 2019. Lewis was also ordered to serve a 12-year term of supervised release, pay $5,100 in court assessments, and register as a sex offender.
According to court documents, agents with Homeland Security Investigations (HSI) began an investigation to identify individuals who were using a particular online file-sharing network to access and distribute child pornography. The agents confirmed that a host computer located in Jacksonville was offering files depicting child pornography for sharing over the internet. They downloaded images of an infant, a toddler, and other young children being sexually abused from this host computer. Further investigation revealed that these files were being shared by Lewis.
On July 17, 2017, HSI agents executed a search warrant at Lewis’ residence. Forensic analysis of Lewis’s computer media revealed approximately 40 images of child pornography and 142 images of child erotica. Lewis had unsuccessfully attempted to delete these files using file shredding software. By accessing child pornography through this file sharing program, Lewis knowingly made it available for sharing and distribution.
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Irish Man Who Helped Operate the “Silk Road” Website Sentenced in Manhattan Federal Court to over Six Years in PrisonRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that GARY DAVIS, a/k/a “Libertas,” was sentenced today to 78 months in prison for his role as a member of the small administrative staff of the “Silk Road” website. Silk Road was an online black market of unprecedented scope. During its operation from 2011 until 2013, Silk Road was used by thousands of drug dealers and other unlawful vendors to distribute over $200 million worth of illegal drugs and other illicit goods and services to more than 115,000 buyers, and to launder hundreds of millions of dollars derived from those unlawful transactions. DAVIS previously pled guilty before United States District Judge Jesse M. Furman, who also imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Gary Davis helped run the Silk Road website – a dark web marketplace for illegal drugs, hacking services, and other criminal activity. Davis’s arrest, extradition from Ireland, conviction, and prison sentence should send an unmistakable message: the dark web does not cast shadows long enough to protect criminals from the long arm of the law.”
According to the allegations in the Superseding Indictment, court filings, statements made in court, and evidence presented during the 2015 trial of Ross Ulbricht, Silk Road’s founder:
From approximately January 2011 until October 2, 2013, the Silk Road website hosted a sprawling black market bazaar on the Internet, where illegal goods and services were regularly bought and sold by the site’s users. During its more than two-and-a-half years in operation, Silk Road was used by nearly 4,000 vendors to distribute illicit goods and services to more than 115,000 buyers, including hundreds of kilograms of illegal drugs, fake IDs and passports, computer hacking tools and services, counterfeit goods and pirated media, and money laundering services. In total, more than 1.5 million transactions were conducted over Silk Road, with a total value of more than $213 million in U.S. currency. Nearly 95 percent of those sales (approximately $183 million worth) were for illegal drugs.
The owner and operator of Silk Road, Ross William Ulbricht, a/k/a “Dread Pirate Roberts,” a/k/a “DPR,” a/k/a “Silk Road,” ran the website with the assistance of a small support staff, including both site administrators and forum moderators. The site administrators were responsible for, among other things, monitoring user activity on Silk Road for problems, responding to customer service inquiries, and resolving disputes between buyers and vendors. The forum moderators were responsible for, among other things, monitoring user activity on discussion forums associated with the site, providing guidance to forum users concerning how to conduct business on Silk Road, and reporting any significant problems discussed on the forums to the site administrators and to Ulbricht.
From approximately May 2013 until June 2013, GARY DAVIS, a/k/a “Libertas,” served as a forum moderator for Silk Road. From approximately June 2013 until October 2, 2013, DAVIS worked as a site administrator on Silk Road. In his role as a site administrator, DAVIS’s responsibilities included (1) responding to customer support requests from Silk Road users who needed assistance with their buyer or seller accounts on the marketplace; (2) investigating disputes that arose between vendors (e.g., drug dealers) and buyers, including reporting his findings to Ulbricht; and (3) helping enforce the rules for doing business on Silk Road, which had been set by Ulbricht. For instance, there was a rule against “out of escrow” sales – i.e., sellers and buyers arranging payments off the site to avoid paying Silk Road commissions. When violations of this rule were discovered, DAVIS had the ability to demote a vendor or refer the vendor (e.g., to Ulbricht) for further discipline. Ulbricht paid DAVIS a weekly salary for his work as a site administrator.
Shortly after law enforcement shut down the original Silk Road in early October 2013, its virtually identical successor – Silk Road 2.0 – was launched. From approximately November 2013 until December 2013, DAVIS served as an administrator for Silk Road 2.0.
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In addition to his prison term, GARY DAVIS, 31, of Wicklow, Ireland, was ordered to serve three years of supervised release and to forfeit $25,000.
Mr. Berman praised the outstanding joint efforts of the Federal Bureau of Investigation and its New York Special Operations and Cyber Division, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations - Chicago-O’Hare, the Drug Enforcement Administration’s New York Field Division, and the Internal Revenue Service - Criminal Investigation’s New York Field Office. Mr. Berman also thanked both the Irish Republic’s Computer Crime Investigation Unit of the An Garda Siochana and the U.S. Department of Justice’s Office of International Affairs for their valuable assistance and support.
This case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Michael D. Neff, Eun Young Choi, and Timothy T. Howard are in charge of the prosecution.
Indian National Sentenced to More Than 20 Years for Filming Sexual Abuse of an 11-Year-Old ChildRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Divesh Valanju (30, India) to 21 years and 10 months in federal prison for producing child pornography. Valanju had pleaded guilty on April 11, 2019.
According to court documents, Valanju met an 11-year old child via two online messaging apps. He lied about his name on the apps and exchanged sexually-explicit images with the child. On two occasions, Valanju arranged to meet the child at Max Hasse Park in Collier County. After the victim’s parents dropped her off at the park, purportedly to meet her friends, Valanju picked the child up, drove her to a motel and filmed sex acts that he performed with the child.
This case was investigated by the Federal Bureau of Investigation’s Innocent Images Task Force. It was prosecuted by Assistant United States Attorney Charles Schmitz.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.