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Thursday 25 July 2019
Illinois Men Sentenced to Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on Tuesday, July 16, 2019, Cameron Felder, age 41, and Nathaniel Thomas, age 37, were sentenced by United States District Court Chief Judge John A. Jarvey for Conspiracy to Distribute a Controlled Substance. Felder was sentenced to 70 months in prison and Thomas was sentenced to 150 months imprisonment. They will each serve a term of supervised release of four years when released from prison.
In August 2018, the Iowa State Patrol conducted a traffic stop of Felder and Thomas’ vehicle for speeding on I-29 in Fremont County. As the trooper approached the vehicle, the occupants were uncooperative and required numerous commands to shut the car doors and turn the car off.
The trooper immediately detected the odor of burnt marijuana. Thomas handed the trooper a baggie of marijuana out the passenger window. A search was performed on the vehicle and officers located over 200 grams of methamphetamine in pill form.
This case was investigated by the Iowa State Patrol, Southwest Iowa Narcotics Enforcement Task Force, and the Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Illinois Man Convicted After Jury Trial Sentenced to 3 Years’ ImprisonmentRead the Press Release
HAMMOND- Airrion Blake, 41, of Lansing, Illinois was sentenced before U.S. District Court Joseph S. Van Bokkelen after being convicted during a 3-day jury trial of one count of submitting a false claim to the federal government and one count of theft of government money, announced U.S. Attorney Kirsch.
Blake was sentenced to 36 months’ imprisonment followed by 2 years’ supervised release.
According to court records, Blake stole $149,358.35 from the federal government. Blake filed a false trusts and estates tax return in October 2012 in which he provided fictitious figures for his income, deductions, and tax withholdings, and falsely claimed a refund of $149,358.35. He received a refund based on his filing, deposited the check at a Munster, Indiana bank, and proceeded to spend the funds. Blake repeated his scheme several other times seeking a total of over $1 million of tax-payer money, but those other attempts were denied by the IRS.
This case was handled by the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Alexandra McTague and Nathaniel Whalen.
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Illegal Drone Operator Pleads Guilty After Attempting to Drop Drugs into A Georgia State PrisonRead the Press Release
ALBANY – A Georgia man who was illegally operating an unmanned aircraft system (UAS) to drop contraband into Autry State Prison has pleaded guilty for his crime, said U.S. Attorney Charles “Charlie” Peeler. Eric Lee Brown, 35, of Lithonia, Georgia pleaded guilty to one count of Operating an Aircraft Eligible for Registration Knowing that the Aircraft is Not Registered to Facilitate a Controlled Substance Offense before U.S. District Court Judge Louis Sands on Thursday, July 25, 2019. Mr. Brown is facing a maximum sentence of five years imprisonment, three years supervised release, and a fine of $250,000.
Mr. Brown admitted in his signed plea agreement that he attempted to use a drone to drop a large bag of marijuana into Autry State Prison in Pelham, Georgia. Mitchell County deputies responded to a call on March 29, 2018 about a vehicle impeding the flow of traffic near the prison. Mr. Brown was inside the vehicle, and deputies smelled marijuana and observed the drone. They also saw two clear plastic bags containing a green, leafy substance that later was confirmed to be 294 grams of marijuana. Mr. Brown was taken into custody. Search warrants revealed detailed conversations about using the drone to drop drugs into the prison. Mr. Brown did not register the DJI Phantom 4 drone which was found in his possession, and he also did not have a valid FAA Airman’s Certificate or Remote Pilot Certificate, both actions required by law.
“Working with state, local and federal authorities, our office will aggressively prosecute those who choose to smuggle cellphones, drugs or any other contraband into our state prisons. The use of drones is regulated by federal criminal statutes, and our office will not hesitate to use those statutes in the fight against prison contraband,” said Charlie Peeler, the U.S. Attorney. “I applaud the Department of Transportation, the Georgia Department of Corrections, and our local law enforcement for thinking creatively to bring this defendant to justice.”
“Mr. Brown’s guilty plea should be a very clear warning to anyone who chooses to illegally operate unmanned aircraft systems (UAS) for unintended purposes,” said Todd Damiani, Department of Transportation Office of Inspector General (DOT OIG) Regional Special Agent in Charge. “DOT OIG special agents, along with our federal, state, and prosecutorial law enforcement partners, will actively pursue those who unlawfully use federally-regulated modes of transportation for the distribution of controlled substances or contraband.”
“We are pleased to see justice being served on this individual, and we hope that his actions, and subsequent prosecution in the first-known criminal prosecution under this drone registration law, will serve as a warning to others considering introducing contraband into our facilities,” said Timothy C. Ward, Commissioner of the Georgia Department of Corrections. “We applaud the work of our Special Agents, and we appreciate the commitment and collaboration of our law enforcement partners in their efforts to help ensure the safety of the public.”
The case was investigated by the Department of Transportation Office of Inspector General (DOT OIG), the Georgia Department of Corrections, and the Mitchell County Sheriff’s Office. Assistant U.S. Attorney Leah E. McEwen is prosecuting the case for the Government.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
High Ranking Gang Member Receives 12 Years in Federal PrisonRead the Press Release
RALEIGH — Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that Chief United States District Terrence Boyle sentenced ANDRE HALL, 31, of New Hanover County to 151 months’ imprisonment, followed by 3 years of supervised release.
HALL was charged in a one-count indictment which was returned by a federal grand jury sitting in the Eastern District of North Carolina on December 30, 2018. The indictment charged HALL with possession with the intent to distribute a quantity of heroin. HALL pled guilty to those charges on April 2, 2019.
On December 2, 2018, law enforcement conducted a traffic stop on a car driven by HALL near the 600 block of Nixon Street in Wilmington, North Carolina. The front passenger fled from law enforcement. The backseat passenger attempted to flee but was apprehended and found to be in possession of a stolen firearm with altered serial numbers. HALL refused to comply with law enforcements commands. HALL broke a deputy’s nose and finger while he was attempting to flee. HALL was found in possession of 45 bags of heroin. According to law enforcement HALL is a validated high ranking gang member.
This case is part of an FBI lead OCDETF operation “Dodge Ball”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation is focused on gang members involved in the distribution of heroin, possession of firearms and associated violence.
This case is also part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Federal Bureau of Investigation Safe Street Task Force, the Wilmington Police Department and the New Hanover County Sheriff’s Office. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Granger, Indiana Man Sentenced to over 5 Years in Prison and Ordered to Pay over $1.6 Million in RestitutionRead the Press Release
SOUTH BEND – A former South Bend senior executive at a Mishawaka business has been sentenced to 63 months in federal prison and 1 year of supervised release, and was ordered to pay $1,666,721.10 in restitution for devising a scheme to defraud his former employer, announced U.S. Attorney Kirsch.
James Cotton, age 58, of Granger, Indiana, was sentenced before U.S. District Court Judge Robert L. Miller, Jr., upon his plea of guilty to wire fraud that was entered earlier this year. He admitted that from approximately January 2009 to October 2017, he devised a fraud scheme to obtain money from his employer by means of false representations. In particular, Mr. Cotton created five sham businesses which did not have any actual employees and did not engage in any actual legitimate business activity. Mr. Cotton then fabricated fake invoices from these five sham businesses and sent those invoices to his employer to obtain payment for purported goods and services. Mr. Cotton approved the sham invoices on behalf of his employer, which then issued payment checks for each invoice. Mr. Cotton obtained the checks, deposited them into bank accounts opened in the names of the sham businesses, and then withdrew the money from these accounts for his own personal use and benefit.
“The amount of Mr. Cotton’s fraud is staggering, with over $1.6 million in loss to his employer. With the great work of the FBI, we were able to bring this case to a successful conclusion with an order of restitution and significant jail time,” said U.S. Attorney Thomas L. Kirsch II.
"We expect the people we work with to be honest and trustworthy, but Mr. Cotton chose to betray his employer’s trust for his own financial gain,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “The FBI and our law enforcement partners will continue to investigate cases such as this to ensure those who take advantage of others through illegal and criminal behavior are held accountable.”
This case was investigated by the FBI and handled by Assistant United States Attorney Luke N. Reilander.
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Governor of Tipton County, TN Gangster Disciples Pleads Guilty to RICO ConspiracyRead the Press Release
Memphis, TN – Robert Elliott Jones, 39, a/k/a/ "Lil Rob," a/k/a/ "Mac Rob" has pled guilty to conspiracy to participate in a racketeering enterprise. U.S. Attorney D. Michael Dunavant announced the guilty plea today.
According to the superseding indictment, the Gangster Disciples is a highly-organized criminal street gang with nationwide reach. In addition to Tennessee, the gang reportedly operates in more than 35 states. The Gangster Disciples were organized into different positions, including board members, and governor-of-governors who each controlled geographic regions; governors, assistant governors, chief enforcers and chief of security for each state or regions within the state where the Gangster Disciples were active; and coordinators and leaders within each local group.
During the change of plea hearing, Jones admitted that he was the Governor of Section 4, which covers Tipton County, TN, including Covington. The superseding indictment that Jones entered a guilty plea to indicates that as Governor over a region he was responsible for supervising the criminal activities of the members and associates of the Gangster Disciples enterprise; issuing orders to kill rival gang members and subordinate gang members who he believed had violated Gangster Disciple rules of conduct; and presiding over Gangster Disciple meetings where criminal activity was discussed, proceeds were collected and beatings of fellow gang members were administered.
The superseding indictment further alleges that Jones declared Covington, TN as "GD Land" and issued a green light to a subordinate gang member to kill rival gang members in Covington, TN.; he issued an order to kill a subordinate gang member whom the Gangster Disciples believed had cooperated with law enforcement; and sent a photograph of the Treasurer of Section Four who stole $2300 from the Regional Enforcer for the State of Tennessee who was "looking for all money stealers".
Sentencing is set for October 17, 2019, before U.S. District Court Judge John T. Fowlkes, Jr., where Jones faces a possible sentence of up to life imprisonment, $250,000 fine and 5 years of supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Despite Lil Rob’s declaration, Covington is not and will not be ‘GD Land.’ We are fighting to reclaim our cities, towns, and neighborhoods from the gangs, and are effectively dismantling their leadership and influence. Lil Rob will now pay for his violence and racketeering that has terrorized Tipton County, and the citizens are safer for it."
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Tennessee Bureau of Investigations, Jackson Police Department Gang Enforcement Team, Memphis Police Department, Shelby County Sheriff’s Office, 28th District West Tennessee Drug Task Force, 26th, 25th, and 30th Judicial District Attorney’s General Offices, Sheriff’s Offices for Tipton, DeSoto, Madison and Fayette Counties, Police Departments of Bartlett, Germantown and Columbia.
Assistant U.S. Attorneys Beth C. Boswell and Annie Christoff of the Western District of Tennessee and Trial Attorney Shauna Hale of the Criminal Division Organized Crime and Gang Section are prosecuting this case on behalf of the government.
Geneseo Man Charged with Five Counts of Sexual Exploitation of a ChildRead the Press Release
ROCK ISLAND, Ill. – An initial trial date of Sept. 23, 2019, has been scheduled for a Geneseo, Ill., man, Tristan Scott Blank, 22, who has been arrested and indicted on federal child sexual exploitation charges.
The indictment alleges that between April 2016 and August 2018, Blank employed, used, persuaded, induced, enticed, and coerced five minors to engage in sexually explicit conduct to produce images of such conduct and transmit the images in interstate commerce.
If convicted, the statutory maximum penalty for each count of sexual exploitation is 30 years in prison. Each of the five counts includes a fine of up to $250,000.
On July 22, 2019, Blank was arrested and made his initial court appearance. Blank was arraigned in Davenport, Iowa on July 24, before Chief U.S. District Court Judge Sara Darrow, when the September trial date was scheduled and Blank was ordered to remain in the custody of the U.S. Marshals Service.
The case is being prosecuted by Assistant U.S. Attorney Alyssa A. Raya. The charges are the result of an investigation by the Geneseo Police Department, the Illinois State Police, the Henry County Sheriff’s Office, the Colona Police Department, the Kewanee Police Department, and the U.S. Secret Service.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Washington Metro Transit Police Officer Charged with Civil Rights Offense for Assaulting an IndividualRead the Press Release
A former Washington, D.C. Metro Transit Police Officer, Andra Vance, 45, was indicted today on charges that he used unreasonable force on an individual, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the District of Columbia, Jessie K. Liu, and Metro Transit Police Chief Ronald A. Pavlik.
According to the indictment, on Feb. 16, 2018, Vance, while on duty as a Metro Transit Police Officer, assaulted an individual by striking the individual with a baton multiple times on the head and then using the baton to choke the individual. Vance’s actions resulted in bodily injury to the individual.
Vance faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for each of the two civil rights violations. An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.
The Metro Transit Police Department conducted a routine review of Vance’s use of force within hours of the incident. Based on the review, the department immediately suspended Vance’s police powers, launched an internal investigation, and notified federal authorities.
Assistant U.S. Attorney Kendra Briggs of the District of Columbia and Trial Attorney Nicholas Reddick of the Justice Department’s Civil Rights Division are prosecuting the case.
Former Washington Metro Transit Police Officer Charged with Civil Rights Offense for Assaulting an IndividualRead the Press Release
WASHINGTON – A former Washington, D.C. Metro Transit Police Officer, Andra Vance, 45, was indicted today on charges that he used unreasonable force on an individual, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the District of Columbia, Jessie K. Liu, and Metro Transit Police Chief Ronald A. Pavlik.
According to the indictment, on Feb. 16, 2018, Vance, while on duty as a Metro Transit Police Officer, assaulted an individual by striking the individual with a baton multiple times on the head and then using the baton to choke the individual. Vance’s actions resulted in bodily injury to the individual.
Vance faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for each of the two civil rights violations. An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.
The Metro Transit Police Department conducted a routine review of Vance’s use of force within hours of the incident. Based on the review, the department immediately suspended Vance’s police powers, launched an internal investigation, and notified federal authorities.
Assistant U.S. Attorney Kendra Briggs of the District of Columbia and Trial Attorney Nicholas Reddick of the Justice Department’s Civil Rights Division are prosecuting the case.
Former Volunteer Sheriff's Deputy Sentenced to 30 Months in PrisonRead the Press Release
LITTLE ROCK— A former volunteer Sheriff’s Deputy with the Arkansas County Sheriff’s Office has been sentenced to 30 months in federal prison for extorting confidential informants to steal an ATV and firearms. Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Diane Upchurch, Special Agent in Charge of the FBI’s Little Rock Field Office, announced today’s sentence.
Charles David Chastain, 48, of Stuttgart, was sentenced today by United States District Judge Leon Holmes. Chastain was employed as a volunteer Auxiliary Sheriff’s Deputy for the Arkansas County Sheriff’s Office. He was assigned to the Tri-County Drug Task Force, where he utilized confidential informants to develop drug cases in Arkansas County and surrounding areas.
“Law enforcement officers and their families make sacrifices every day to protect and serve our communities. Unfortunately, when an officer is found to have abused their position, the trust and respect that law enforcement works so hard to maintain is undermined. A violation of that sacred public trust will not be tolerated,” said U.S. Attorney Hiland. “Today’s sentence is a reflection of the fundamental principle that no one is above the law, and an officer who abuses his position will be held accountable.”
A federal jury convicted Chastain in February of Hobbs Act extortion, attempted Hobbs Act extortion, and receipt of a firearm with intent to commit a felony. Testimony during the trial established that two confidential informants worked for Chastain in an effort to reduce criminal charges. In the fall of 2017, Chastain asked those informants to steal an ATV for him. One of the informants went to a duck hunting club in Clarendon and stole a Browning Edition, Polaris Ranger 900 ATV valued at just under $25,000. The informant stole the ATV in exchange for favorable treatment from Chastain concerning criminal charges, but the informant also reported the theft to the FBI. Testimony indicated that both informants were concerned Chastain would refuse to give them credit for their cooperation if they did not meet his demands.
Trial testimony also indicated that in December of 2017, Chastain asked one of the informants to commit another burglary, this time with the goal of stealing firearms from a storage unit in Arkansas County. Text messages admitted at trial showed that the informant asked if there were cameras at the storage unit, and Chastain replied, “Long sleeve shirts and a mask would make it a moot point.” The informant did not commit that burglary, and instead worked with the FBI and the Arkansas State Police to obtain three firearms to offer for sale to Chastain.
Evidence at trial showed that the informant told Chastain the firearms were stolen and included a Chinese Type 56-1, which is similar to an AK-47 rifle, a Colt M16 A1, and a Winchester M14. Chastain agreed to buy the purportedly stolen firearms from the informant for $300. He was arrested shortly thereafter with those rifles in his possession. Investigators later executed a search warrant at Chastain’s shop, where they located the stolen Polaris Ranger.
In addition to 30 months in prison, Judge Holmes sentenced Chastain to one year of supervised release following his term of imprisonment. The case was investigated by the FBI with assistance from the Arkansas State Police.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online athttp://www.justice.gov/edar
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@EDARNEWSFormer Precious Metals Trader Pleads Guilty to Attempted Commodities Price ManipulationRead the Press Release
A former precious metals trader at the New York offices of a U.S. bank and a Canadian bank pleaded guilty today to attempted price manipulation of precious metals futures contracts, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office.
Corey Flaum, 41, of Mount Kisco, New York, pleaded guilty in the Eastern District of New York to an information charging him with one count of attempted commodities price manipulation. Sentencing is scheduled for Oct. 29, 2019, before U.S. District Judge Brian M. Cogan of the Eastern District of New York, who accepted his plea today.
According to admissions made as part of his plea and other statements made in court, between approximately June 2007 and July 2016, Flaum placed thousands of orders to manipulate the prices of gold, silver, platinum and palladium futures contracts traded on the New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX), which are commodities exchanges operated by CME Group Inc. Flaum routinely placed orders for precious metals futures contracts with the intent to cancel those orders before execution. This trading strategy was intended to deceive other market participants about the existence of supply and demand, and to artificially move the price of precious metals futures contracts in a direction that was favorable to Flaum and the two banks for which he worked.
This case is the result of an ongoing investigation by the FBI’s New York Field Office. Trial Attorneys Avi Perry, Matthew F. Sullivan and Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case. The Commodity Futures Trading Commission’s Division of Enforcement provided assistance in this case.
The defendant is cooperating with the ongoing investigation.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website for more information.
Former Owner/Operator of Fall River Glass Company Sentenced for Federal Payroll Tax ChargesRead the Press Release
BOSTON – The former owner of a now closed Fall River-based glass company was sentenced today in federal court in Boston for failing to report and pay to the IRS taxes he had withheld from his company’s employees.
Moses Rapoza, 83, of Lakeville, was sentenced by U.S. District Court Judge Richard G. Stearns to three years of probation with the first six months to be served in home detention on electronic monitoring and ordered to pay $327,218 in restitution and a $1200 special assessment. In March 2019, Rapoza pleaded guilty to one count of filing a false tax return and 11 counts of failing to pay over to the IRS the taxes he withheld from employee wages.
Rapoza was described as the former owner and operator of Global Specialty Glass Contractors Inc., a glass installation business previously located in Fall River. For every calendar quarter from 2011 through 2014, Rapoza withheld income taxes and Federal Insurance Contributions Act (FICA) taxes from wages he paid to his employees, but failed to pay those taxes to the IRS on behalf of the employees. In addition, Rapoza filed a false Form 941 tax return with the IRS, knowing that it understated the amount of wages he had paid to employees.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Victor A. Wild of Lelling’s Security and Financial Fraud Unit prosecuted the case.
Former Head of People Express Airlines Pleads Guilty to FraudRead the Press Release
NEWPORT NEWS, Va. – A Suffolk man pleaded guilty today to fraud in connection with the failure of People Express Airlines in 2014 and the filing of a false income tax return.
According to court documents, Michael Morisi, 59, was the former president of People Express Airlines, Inc. (PEX), which engaged in failed start-up operations at the Newport News / Williamsburg International Airport. Morisi led the push to get PEX operational, despite a failed track record of obtaining private investments and significant outstanding liabilities. A switch to a focus on the public commitment of funds led to PEX obtaining a $5 million loan from TowneBank that was guaranteed by the Peninsula Airport Commission (PAC). The loan was funded in June 2014. Within a month, PEX had drawn down nearly the entire loan amount. PEX operated for approximately three months before suspending service due. In the aftermath of the suspension of operations, various creditors sought repayment from PEX in 2014 and 2015.
At the same time, Morisi opened new bank accounts to receive insurance proceeds and avoid the seizure of funds. Morisi provided false representations to creditors (including the PAC, which paid over $4 million to satisfy the TowneBank loan) claiming that no funds were available. He made large purported back salary payments to himself and other executives in lieu of paying creditors. When the first bank account was made subject to a state tax lien, Morisi moved accounts again so that he could receive and divert additional insurance proceeds. He also filed false tax returns for three years omitting income and failed to file returns for two additional years.
Morisi pleaded guilty to one count of wire fraud and one count of filing a false federal income tax return. He faces a maximum penalty of 23 years in prison when sentenced on November 15. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), Colonel Gary T. Settle, Virginia State Police Superintendent, and Jamie Mazzone, Regional Special Agent in Charge for the Department of Transportation Office of Inspector General, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorney Brian J. Samuels and Lisa R. McKeel are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-44.
Former Chicago Resident Sentenced to 5 Years in Prison for Participating in $100 Million Money Laundering Conspiracy Involving Mexican Drug CartelsRead the Press Release
CHICAGO — A former Chicago resident who laundered illegal drug proceeds on behalf of two cartels in Mexico has been sentenced to five years in federal prison.
MARIO HERRERA was a member of a Mexico-based conspiracy that laundered more than $100 million in narcotics proceeds on behalf of the Jalisco New Generation and Sinaloa cartels. Herrera was personally responsible for laundering or attempting to launder at least $1.07 million in proceeds from the sale of cartel narcotics. Herrera was among 30 defendants charged as part of the Chicago-based federal investigation dubbed “Operation King’s Gold.”
Herrera, 55, of Michoacán, Mexico, and formerly of Chicago, pleaded guilty last year to one count of conspiracy to commit money laundering. U.S. District Judge Andrea R. Wood imposed the five-year 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 Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Tara Sullivan, Acting Special Agent-in-Charge of the Chicago office of the Internal Revenue Service Criminal Investigation Division; and Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. Substantial assistance was provided by the U.S. Drug Enforcement Administration, Cook County Sheriff’s Office, DuPage County Sheriff’s Office, Chicago Police Department, Buffalo Grove Police Department, Joliet Metropolitan Area Narcotics Squad, and the U.S. Marshals Service.
The probe was conducted under the umbrella of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies, whose principal mission is to identify, disrupt and dismantle the most serious drug trafficking and money laundering organizations.
“Money is the lifeblood that allows cartels to poison U.S. streets and wage war on innocent men, women, and children on both sides of the border,” Assistant U.S. Attorneys Peter M. Flanagan, Sean K. Driscoll and Aaron R. Bond argued in the government’s sentencing memorandum. Herrera “took part in an organization that shuttled over $100 million in drug proceeds from street corners of the United States to the pockets of the individuals in Mexico who control the drug trade. The people who import these narcotics do so for money, and that is exactly what the defendant delivered.”
“This sentence sends a resounding message that transnational criminal organizations will be investigated and their operatives brought to justice,” said HSI Special Agent-in-Charge Gibbons. “The amount of cooperation between HSI and our state, federal, and international partners is invaluable to halting the deadly actions of complex drug organizations.”
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs,” said IRS-CI Acting Special Agent-in-Charge Sullivan. “Without these ill-gotten gains, the traffickers could not finance their organizations. IRS Criminal Investigation, along with the Department of Justice, is committed to taking the profit away from the drug traffickers and putting those individuals in jail.”
The leader of the money laundering organization, DIEGO PINEDA SANCHEZ, of Guadalajara, Mexico, was sentenced last fall to 15 years in federal prison for laundering more than $61 million in drug proceeds. Pineda Sanchez personally negotiated agreements with cartel members in Mexico to launder drug profits in exchange for percentages of the laundered proceeds, keeping the largest percentages for himself and co-defendant CARLOS PARRA-PEDROZA.
Parra-Pedroza, of Guadalajara, Mexico, directed members of the conspiracy to collect drug proceeds from dozens of couriers throughout the U.S., use those proceeds to purchase scrap and fine gold from local U.S. businesses, and then ship the gold to refineries in Florida and California. The refineries, in turn, transmitted the cash value of the gold to Parra-Pedroza and co-conspirators in Mexico. From 2011 to 2014, Parra-Pedroza personally managed the movement of more than $100 million in drug proceeds from the U.S. to cartel members in Mexico who controlled the drug trade on both sides of the U.S.-Mexico border.
Parra-Pedroza was repeatedly heard in undercover recordings boasting about his organization’s connections with the violent cartels. During a June 2013 meeting in which Parra-Pedroza urged an informant to more quickly launder the cartel’s money, Parra-Pedroza told the informant about an incident in which drug dealers punished a man who had lost their money by taking his personal possessions and “chopp[ing] off his fingers.” Parra-Pedroza endorsed this maiming, stating, “[Expletive] had to, even I would’ve agreed.” In another meeting with the same informant and an undercover law enforcement agent who posed as a gold supplier, Parra-Pedroza explained that the couriers who transport cartel money are entrusted to do so because they “leave their families and everyone over there” in Mexico, and cartel members there tell them, “‘If you take off, I will kill your entire family here.’”
Judge Wood in December sentenced Parra-Pedroza to 13 years in federal prison.
Former Bossier Parish school superintendent pleads guilty and will pay $100,000 fine for drug possession chargesRead the Press Release
SHREVEPORT, La. – Former Bossier Parish Superintendent of Schools Wendell Scott Smith, 61, of Bossier City, Louisiana, pleaded guilty today before U.S. Magistrate Judge Mark L. Hornsby to possession of Valium, Ambien, Soma and Lyrica in four separate counts, U.S. Attorney David C. Joseph announced. Smith was sentenced to one year of supervised release and was fined $100,000.
According to the guilty plea, law enforcement agents intercepted a DHL package containing Diazepam, also known as Valium, addressed to a Bossier City residence on January 31, 2019. After the Diazepam tested positive, the agents conducted a controlled delivery of the package, which originated in India and contained a forged prescription. Smith was confronted by law enforcement agents after he picked up the package and placed it in his vehicle, and agreed to a search of his vehicle, resulting in the Diazepam package being recovered. In an interview later that evening, Smith admitted to purchasing controlled substances illegally online without a valid prescription for six years, spending more than $10,000 on controlled substances during this time. Also during the interview, agents seized Diazepam and Propranolol that Smith removed from his pocket. Smith agreed to a search of his property and showed agents where he kept the drugs he had purchased from the internet.
The following controlled substances were seized from the master bedroom area of Smith’s residence:
Tadalafil Tablets – 53 tablets
Promethazine Hydrochloride Tablets – 99 tablets
Zolpidem (Ambien) Tablets – 43 tablets
Carisoprodol (Soma) Tablets – 54 tablets
Gabapentin Sustained Release Tablets – 174 tablets
Zolpidem Aurobindo – 52 tablets
Ondansetron Tablets – 63 tablets
Sanval – 9 tablets
Quetiapine Tablets – 17 tablets
Propanolol Hydrochloride Tablets – 102 tablets
Diazepam (Valium) – 50 tablets
Nebivolol Hydrochloride Tablets – 93 tablets
Propanolol Hydrochloride Tablets –7 tablets
Quetiapine Tablets – 51 tablets
Pregabalin (Lyrica) Capsules – 47 capsules
Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Brian C. Flanagan is prosecuting the case.
Florence, Kentucky Business Settles ADA ComplaintRead the Press Release
COVINGTON, Ky. - The Wildwood Inn Tropical Dome and Theme Suites in Florence, Kentucky (“Wildwood Inn”) entered into an agreement with the United States to resolve a recent complaint alleging violations of the Americans with Disabilities Act (“ADA”) relating to the use of service animals. The ADA generally requires that places of public accommodation permit the use of a service animal by an individual with a disability. The law also prohibits inquiries into the details of a person’s disability in connection with their use of a service animal and forbids demands for documentation relating to certification, training, or licensure of the service animal.
The complainant, a veteran of the Iraq War and recipient of the Bronze Star with Valor, suffers from post-traumatic stress disorder and uses a service animal to assist with her disability. The complainant alleged that Wildwood Inn’s staff requested to see either the certification paperwork for her service animal or medical paperwork from a doctor when she attempted to check into the hotel. The complainant and her husband advised the staff members that the ADA does not allow such requests, but Wildwood Inn’s staff ultimately refused to provide the complainant with lodging at the hotel.
As part of the settlement, Wildwood Inn has agreed to adopt a Service Animal Policy, train its staff members on the ADA’s requirements for service animals, and post signage permitting service animals.
“Service animals offer invaluable support to individuals with a wide range of disabilities, including veterans suffering from post-traumatic stress disorder and traumatic brain injury,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The ADA ensures that people who depend on service animals have the same opportunities for goods and services as the public at large. This settlement furthers that purpose by improving awareness of the ADA’s requirements for service animals, particularly in those situations where a person does not have an obvious physical impairment. We appreciate Wildwood Inn’s cooperation throughout the investigation and willingness to reach a prompt resolution that benefits individuals with disabilities. We look forward to working together with them to implement the settlement agreement.”
People interested in finding out more about the ADA can call the Justice Department’s toll-free Information Line at 800-514-0383 (TDD), or access the ADA homepage at www.ada.gov.
Federal Jury Finds Minnesota Business Owner Guilty of Tax EvasionRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of RANDAL SCOT BRINKMAN, 60, on six counts of tax evasion. BRINKMAN, who was indicted on September 24, 2018, was found guilty following a four-day trial before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
As proven at trial, BRINKMAN owned and operated a Roseville-based construction company. From 2002 through 2018, BRINKMAN took steps to hide his income and to actively evade the assessment of taxes, including using sham businesses, closing his personal bank accounts, using money orders and cash to pay for daily expenses, and creating a fake religious organization in order to hide his income and assets. Following a 2007 IRS audit, BRINKMAN filed personal income tax returns for the calendar years 2002 through 2007, admitting that he owed more than $145,000 in federal income taxes for those years. Nevertheless, despite filing the returns, BRINKMAN didn’t pay any of the taxes he admitted he owed to the IRS. BRINKMAN also failed to file tax returns or pay any of his federal incomes taxes from 2012 through 2018.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS and the Minnesota Department of Revenue.
This case is being prosecuted by Assistant U.S. Attorneys Joseph H. Thompson and Alexander D. Chiquione.
Defendant Information:
RANDAL SCOT BRINKMAN, 60
Medina, Minn.
Convicted:
- Tax evasion, 6 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Federal Grand Jury Indicts Armed Robbers for June 17, 2019 Robbery of CVS PharmacyRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced on Friday, July 26, 2019 that RICHARD SANSBURY, age 26, and ALAN PARSON, age 18, residents of Indianapolis, Indiana, were charged in a three count Indictment for their alleged participation in the June 17, 2019 robbery of the CVS pharmacy located at 4901 Prytania Street.
At approximately 6:06 a.m., SANSBURY and PARSON entered the 24-hour pharmacy, armed with weapons. Both wore hooded sweatshirts and blue medical gloves. Upon entering the store, SANSBURY removed a firearm from his waistband, went behind the front counter, and detained a cashier by using zip-ties. SANSBURY led the cashier to another area of the store. PARSON relocated to the rear of the store, in the pharmacy area, and forced another employee to the ground before securing the employee’s feet with zip-ties. PARSON is then alleged to have filled a large trash bag with several pill bottles that he retrieved from the pharmacy safe. SANSBURY is alleged to have relocated to the pharmacy area where he continued to zip-tie the employee’s hands whom PARSON initially detained. SANSBURY and PARSON began to exit the store.
Upon exiting the store, PARSON and SANSBURY engaged on a shootout with responding officers of the New Orleans Police Department. The confrontation resulted in a bullet wound to one of the officers, who was shot in the shoulder. Video surveillance captured the robbery as it occurred inside of the CVS, as well as the subsequent shootout with police as SANSBURY and PARSON fled the store.
In count 1 of the Indictment, SANSBURY and PARSON are charged with conspiracy to commit robbery involving a controlled substance, in violation of Title 18, United States Section, 2118. If convicted, both face a maximum sentence of 10 years of imprisonment, a fine up to $250,000.00, a period of 3 years supervised release, and a mandatory special assessment of $100.00. In count 2, SANSBURY and PARSON are charged with armed robbery involving controlled substances in violation of Title 18, United States Sections, 2118(a) and (c)(1). If convicted, both face a maximum sentence of 25 years of imprisonment, a fine up to $250,000.00, a period of 3 years supervised release, and a mandatory special assessment of $100.00. In count three, SANSBURY and PARSON are charged with discharge of a firearm in furtherance of a crime of violence, in violation of Title 18, United States Sections, 924(c)(1)(A)(iii) . If convicted, both face a mandatory minimum sentence of 10 years to life imprisonment, a fine up to $250,000.00, a period of 3 years supervised release, and a mandatory special assessment of $100.00.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Federal Bureau of Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorneys David Haller and Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
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Federal Government to Resume Capital Punishment After Nearly Two Decade LapseRead the Press Release
Attorney General William P. Barr has directed the Federal Bureau of Prisons (BOP) to adopt a proposed Addendum to the Federal Execution Protocol—clearing the way for the federal government to resume capital punishment after a nearly two decade lapse, and bringing justice to victims of the most horrific crimes. The Attorney General has further directed the Acting Director of the BOP, Hugh Hurwitz, to schedule the executions of five death-row inmates convicted of murdering, and in some cases torturing and raping, the most vulnerable in our society—children and the elderly.
“Congress has expressly authorized the death penalty through legislation adopted by the people’s representatives in both houses of Congress and signed by the President,” Attorney General Barr said. “Under Administrations of both parties, the Department of Justice has sought the death penalty against the worst criminals, including these five murderers, each of whom was convicted by a jury of his peers after a full and fair proceeding. The Justice Department upholds the rule of law—and we owe it to the victims and their families to carry forward the sentence imposed by our justice system.”
The Federal Execution Protocol Addendum, which closely mirrors protocols utilized by several states, including currently Georgia, Missouri, and Texas, replaces the three-drug procedure previously used in federal executions with a single drug—pentobarbital. Since 2010, 14 states have used pentobarbital in over 200 executions, and federal courts, including the Supreme Court, have repeatedly upheld the use of pentobarbital in executions as consistent with the Eighth Amendment.
Upon the Attorney General’s direction, Acting Director Hurwitz adopted the Addendum to the Federal Execution Protocol and, in accordance with 28 C.F.R. Part 26, scheduled executions for the following individuals:
- Daniel Lewis Lee, a member of a white supremacist group, murdered a family of three, including an eight-year-old girl. After robbing and shooting the victims with a stun gun, Lee covered their heads with plastic bags, sealed the bags with duct tape, weighed down each victim with rocks, and threw the family of three into the Illinois bayou. On May 4, 1999, a jury in the U.S. District Court for the Eastern District of Arkansas found Lee guilty of numerous offenses, including three counts of murder in aid of racketeering, and he was sentenced to death. Lee’s execution is scheduled to occur on Dec. 9, 2019.
- Lezmond Mitchell stabbed to death a 63-year-old grandmother and forced her nine-year-old granddaughter to sit beside her lifeless body for a 30 to 40-mile drive. Mitchell then slit the girl’s throat twice, crushed her head with 20-pound rocks, and severed and buried both victims’ heads and hands. On May 8, 2003, a jury in the U.S. District Court for the District of Arizona found Mitchell guilty of numerous offenses, including first degree murder, felony murder, and carjacking resulting in murder, and he was sentenced to death. Mitchell’s execution is scheduled to occur on Dec. 11, 2019.
- Wesley Ira Purkey violently raped and murdered a 16-year-old girl, and then dismembered, burned, and dumped the young girl’s body in a septic pond. He also was convicted in state court for using a claw hammer to bludgeon to death an 80-year-old woman who suffered from polio and walked with a cane. On Nov. 5, 2003, a jury in the U.S. District Court for the Western District of Missouri found Purkey guilty of kidnapping a child resulting in the child’s death, and he was sentenced to death. Purkey’s execution is scheduled to occur on Dec. 13, 2019.
- Alfred Bourgeois physically and emotionally tortured, sexually molested, and then beat to death his two-and-a-half-year-old daughter. On March 16, 2004, a jury in the U.S. District Court for the Southern District of Texas found Bourgeois guilty of multiple offenses, including murder, and he was sentenced to death. Bourgeois’ execution is scheduled to occur on Jan. 13, 2020.
- Dustin Lee Honken shot and killed five people—two men who planned to testify against him and a single, working mother and her ten-year-old and six-year-old daughters. On Oct. 14, 2004, a jury in the U.S. District Court for the Northern District of Iowa found Honken guilty of numerous offenses, including five counts of murder during the course of a continuing criminal enterprise, and he was sentenced to death. Honken’s execution is scheduled to occur on Jan. 15, 2020.
Each of these inmates has exhausted their appellate and post-conviction remedies, and currently no legal impediments prevent their executions, which will take place at U.S. Penitentiary Terre Haute, Indiana. Additional executions will be scheduled at a later date.
Federal Contractor Pays $435,000 to Resolve False Claims Act ExposureRead the Press Release
SYRACUSE, NEW YORK – Silvus Technologies, Inc., a California based company specializing in wireless communication systems, agreed today to pay $435,806 to resolve a False Claims Act investigation into the company’s cost-based billing on government contracts.
According to the settlement agreement, the government overpaid Silvus on three different Air Force contracts. The overpayments were due to Silvus’s failure to track accurately its direct labor costs and certain indirect costs (including tax payments). Silvus improperly attributed some employee labor costs to the contracts and included certain unallowable charges in its incurred cost proposals.
“This settlement reflects the Northern District of New York’s continued commitment to using civil enforcement tools to recover money wrongfully paid by the government,” said United States Attorney Grant C. Jaquith. “It is critical that government contractors have internal controls in place to ensure that cost-based billings are fair and accurate.”
“The announced settlement sends a clear message that those who inappropriately profit by willfully disregarding established Department of Defense procurement protocols will be investigated and held accountable,” said Bryan D. Denny, Special Agent in Charge of the Western Field Office, Defense Criminal Investigative Service. “Those who contract with the Department of Defense must be above reproach. The Defense Criminal Investigative Service will continue to investigate anyone who seeks to compromise the procurement system at the expense of the U.S. military and taxpayers.”
This case was investigated by the Air Force Office of Special Investigations, the Defense Criminal Investigative Service, and the Army Criminal Investigation Command. Additional investigative assistance was provided by the Defense Contract Audit Agency and the Air Force Materiel Command Law Office Fraud Division. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.
Enfield Man with Multiple Felony Convictions Charged with Illegally Possessing Gun in HartfordRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned an indictment charging NATHANIEL RODRIGUEZ, 23, of Enfield, with one count of possession of a firearm and ammunition by a convicted felon.
The indictment was returned on July 10, 2019. Rodriguez appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charge. If convicted of the offense, Rodriguez faces a maximum term of imprisonment of 10 years. Rodriguez was ordered detained pending trial.
As alleged in the indictment, on January 27, 2019, Rodriguez possessed a loaded M&P Bodyguard .380 caliber handgun. Prior to that date, Rodriguez sustained felony convictions in Massachusetts for firearms, assault, drug and witness intimidation offenses.
Rodriguez was arrested on state charges by Hartford Police in Hartford on January 27 and was subsequently released on bond. He has been detained since March 29 when he was arrested in Enfield in an unrelated case.
U.S. Attorney Durham stressed that charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hartford Police Department. This case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Dunbar Man Pleads Guilty to Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A Dunbar drug dealer pled guilty to federal drug crimes, announced United States Attorney Mike Stuart. Samuel Manriquez, 33, entered his guilty plea to distribution of furanyl fentanyl and U-47700. Furanyl fentanyl is an analog of fentanyl and U-477001 is a synthetic opioid. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the Metropolitan Drug Enforcement Network Team (“MDENT”).
“The safety of a community is always at risk when there are drug transactions, and those risks are heightened when drug transactions involve firearms,” said United States Attorney Mike Stuart. “We are utilizing every resource at our disposal to take back the streets from violent poison peddlers, drug thugs and trigger pullers.”
Manriquez admitted that on May 8, 2017, on Delaware Avenue in Charleston he sold a confidential informant U-47700 and Furanyl Fentanyl. He also admitted that there was a firearm present during the drug transaction. Manriquez admitted that on the same date and at the same location, he sold another confidential informant U-47700.
Manriquez faces up to forty years in federal prison when he is sentenced on October 23, 2019. United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Drug User in Possession of a Firearm Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Cornelius Jeremih Pruitt, 23, of Bay Minette, Alabama, was sentenced in federal court on charges that he was a drug user illegally in possession of a firearm. Pruitt pled guilty to the federal charge in April of 2019. Court documents reflect that Bay Minette police and United States marshals arrested a fugitive wanted in connection with a homicide investigation at Pruitt’s residence in Bay Minette in March of 2018. They received consent to search the residence, and found six guns in the house, one of which was a short-barrel rifle. They also found bags of marijuana, packaging material and scales for weighing drugs. Pruitt was advised of his rights, and he admitted to the investigators that he was a user of illegal drugs.
United States District Court Judge Callie V. S. Granade imposed a sentence of 18 months imprisonment, to be followed by a three-year term of supervised release. During that time, Pruitt will undergo drug and alcohol abuse testing and treatment. The judge did not impose a fine, but she ordered that Pruitt pay a $100 special mandatory assessment.
The case was investigated by the Bay Minette Police Department, the Baldwin County Sheriff’s Office, the United States Marshal’s Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Drug User Who Shot Sheriff's Deputy Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Forrest Carl Bullin, 39, of Stockton, Alabama, was sentenced in federal court on the charge of being a drug user in possession of a firearm. Bullin pled guilty to the charge during his jury trial in March of 2019.
United States District Court Judge Jeffrey U. Beaverstock accepted the guilty plea on March 21, 2019, after the United States Attorney’s Office called three witnesses during the trial who all implicated Bullin with involvement in methamphetamine use. Bullin’s guilty plea came prior to the expected testimony of Baldwin County sheriff’s deputies who responded to the defendant’s residence on December 19, 2017. Bullin fired shots at Baldwin County sheriff’s deputies who responded to a report that he was involved in a domestic dispute which had resulted in his girlfriend being pushed off a bridge. Bullin shot one of the deputies in the face and torso. In the statement of facts supporting the guilty plea, Gloria Bedwell, the federal prosecutor representing the United States, advised Judge Beaverstock that several methamphetamine smoking pipes were recovered in Bullin’s residence, and one of them was recovered within feet of the firearm Bullin used to shoot at the deputies. Bullin’s DNA was found on that meth pipe and also on three of the remaining four meth pipes recovered in the search of the residence. Judge Beaverstock accepted Bullin’s mid-trial guilty plea and set the case over for sentencing.
At the sentencing hearing Monday, July 22, Judge Beaverstock found that the advisory sentencing guidelines, which were calculated at 235 months to 292 months, were limited by the statutory maximum of 120 months. The judge found that the statutory maximum sentence of 120 months became the guideline sentence in this case. Judge Beaverstock sentenced Bullin to the maximum possible, 120 months imprisonment, to be followed by a supervised release term of 3 years. As conditions of his supervision, the judge ordered that Bullin would undergo mental health and drug abuse treatment. He did not impose a fine, but ordered that Bullin pay $100 in special assessments.
United States Attorney Moore said, “I have said this before and I will repeat it again: You do not shoot a cop. If you do we will bring the full weight of the federal government down on you.” Moore said, “Judge Beaverstock rightly imposed the maximum sentence on this trigger puller who shot a law enforcement officer. The U.S. Attorney’s Office will always be zealously prosecuting anyone who picks up a weapon to use against one of our officers. Our veteran prosecutor Gloria Bedwell along with our law enforcement partners put together a compelling case that has resulted in getting this dangerous individual out of our community.”
The case was investigated by the Baldwin County Major Crimes Task Force, the Baldwin County Sheriff’s Office, the Bay Minette Police Department and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Drug Trafficking and Firearms Conviction Gets Henderson Man 192 Months in Federal PrisonRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge James C. Dever, III, sentenced MARK ANTHONY CRUDUP, 27, of Henderson to 192 months’ imprisonment, followed by 5 years of supervised released.
On April 15, 2019, CRUDUP, pled guilty to two counts of being a felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to distribute heroin, fentanyl, and marijuana. On October 29, 2015, CRUDUP, a convicted felon, was located at a residence in Henderson where a search was executed and was found in possession of a loaded 9mm pistol.
In an unrelated incident, on September 15, 2018, the Henderson Police Department (HPD) attempted a traffic stop on a vehicle driven by CRUDUP who fled from the officer at speeds of 60 miles per hour in a 35 mile per hour zone. While fleeing, CRUDUP tossed a large bag containing approximately 474 grams of marijuana from the vehicle. Then, CRUDUP jumped and ran from the vehicle on foot while holding a firearm with an extended magazine. The pursing HPD officer gave chase and caught up with CRUDUP and a struggle ensued during which he bit the officer’s arm. Throughout the struggle, CRUDUP remained armed with the loaded firearm and when he and the officer fell to the ground, CRUDUP’S firearm was pointed at the officer. CRUDUP also pulled at the officer’s duty belt. Additional officers arrived and officers placed CRUDUP into custody at which point they found heroin laced with fentanyl in his pocket. The firearm was loaded with 17 rounds of ammunition and had been reported stolen.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Henderson Police Department, North Carolina Alcohol Law Enforcement, and the Oxford Police Department..
Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Dracut Man Convicted of Sex TraffickingRead the Press Release
BOSTON – A Dracut man was convicted yesterday by a federal jury in Boston of sex trafficking four different victims out of his residences in Dracut and Malden.
Reginald Abraham, 51, was convicted of four counts of sex trafficking by force, fraud, or coercion. U.S. District Judge William G. Young scheduled sentencing for Nov. 20, 2019. Abraham was charged and arrested on Sept. 6, 2017, and has been in federal custody since.
Law enforcement began investigating Abraham in January 2017 after learning about his trafficking operations from several victims. Abraham approached his victims, usually through social media, and began communicating with them in an effort to convince them to live with him. He eventually picked up his victims, all from Maine, and drove them to his residence in Malden, and later Dracut. After arriving at his home, Abraham forced the women into prostitution throughout New England. He maintained his control over these victims through the use of physical violence, threats, rape, and the giving and withholding of drugs, including heroin and crack cocaine. Abraham trafficked the victims from 2012 through 2016.
The charge of sex trafficking through force, fraud, or coercion provides for a mandatory minimum sentence of 15 years and up to life in prison, up to five years of supervised release and a fine of up to $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 Jason Molina, Acting Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Portland (Maine) Office of the Federal Bureau of Investigation and the Dracut and Portland Police Departments. Assistant U.S. Attorneys Leah B. Foley and Stephen W. Hassink of Lelling’s Civil Rights Enforcement Team are prosecuting the case.
Charlotte Business Owner Is Sentenced to 2.5 Years for Transporting Stolen PropertyRead the Press Release
CHARLOTTE, N.C. – Edwin R. Barkley, 63, of Charlotte, was sentenced today by Chief U.S. District Judge Frank D. Whitney to 30 months in prison, followed by one year of supervised release, for operating a large-scale fraudulent scheme involving the purchase and sale of stolen goods and merchandise through his Charlotte-based storefront business, Tool King USA (Tool King).
Reginald A. DeMatteis, Special Agent in Charge of the United States Secret Service, Charlotte Field Office, and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department join the U.S. Attorney’s Office in making today’s announcement.
According to filed court documents and statements made in court, from at least September 2015 through October 2018, Barkley operated the Tool King as a “fence,” which is a business that buys stolen merchandise from multiple “boosters.” A booster is someone who steals goods and merchandise and sells them to a fence. Court records show that Barkley bought from multiple boosters large-ticket items such as power tools, vacuum cleaners, generators, and home electronic goods, at a fraction of their retail value. Barkley then sold the stolen merchandise on an e-commerce platform at or near ninety percent of their retail value, and used the profits to pay for his daily living expenses.
In March 2019, Barkley pleaded guilty to interstate transportation of stolen goods. He is currently released on bond and will be ordered to report to the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In announcing Barkley’s sentence, Judge Whitney stated that the defendant ran a “very sophisticated operation” and that “keeping fingerprints” off the stolen goods does not mean that you are innocent.
This case was the result of the investigative efforts of CMPD and the Secret Service. The CMPD and the Secret Service have established a fully integrated partnership to combat the most significant organized criminal groups operating in Charlotte. Through this partnership, this unit has successfully leveraged local and federal resources, personnel, expertise and authorities to identify and combat the criminals and criminal organizations that have the largest negative impact on the community.
Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Camari Stinson Sentenced to 123 Months ImprisonmentRead the Press Release
FORT WAYNE – Camari Stinson, 32 years old, of Fort Wayne, Indiana, was sentenced by U.S. District Court Judge Holly Brady after pleading guilty to being a felon in possession of a firearm, distributing cocaine and carrying a firearm during and in relation to a drug trafficking crime, announced United States Attorney Thomas L. Kirsch II.
Stinson was sentenced to123 months’ imprisonment, followed by 3 years of supervised release.
According to documents in the case, between December 29, 2014 and February 25, 2015, Stinson was in possession of a .40 caliber firearm after having previously being convicted of a felony and on January 29, 2015, Stinson distributed cocaine and carried a firearm during the commission of that offense.
This case was investigated by The Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Indiana State Police Department and the Fort Wayne Police Department, and prosecuted by Assistant United States Attorney Stacey R. Speith.
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Brentwood Man Arrested for Distributing Ecstasy and Crystal MethamphetamineRead the Press Release
A criminal complaint was unsealed yesterday in federal court in Central Islip charging Lawrence Ross with conspiring to distribute, and distributing, more than 10 kilograms of ecstasy and more than 45 grams of methamphetamine. The defendant’s initial appearance was yesterday afternoon before United States Magistrate Judge Arlene R. Lindsay, who ordered him detained.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), and Angel M. Melendez, Special Agent-in-Charge, United States Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI) announced the charges.
“As alleged, Ross sold ecstasy and crystal methamphetamine via the dark web and Wickr in exchange for Bitcoin, and then shipped the drugs to his customers through the U.S. mail,” stated United States Attorney Donoghue. “Drug traffickers who believe they will escape detection by using the dark web, encrypted messaging applications and cryptocurrency should understand that they are not anonymous, their activities will be uncovered, and they will be prosecuted.” Mr. Donoghue expressed his grateful appreciation to the Suffolk County District Attorney's Office Heroin Task Force for their assistance in the investigation.
“This arrest highlights the benefits of cooperation and collaboration between law enforcement agencies. Through these partnerships, we are keeping our communities safe from the spread of illegal narcotics purchased through the dark web,” stated USPIS Inspector-in- Charge Bartlett.
“Ross allegedly imported and manufactured his own drugs and used the veil of the dark-net to distribute his illicit products,” said HSI Special Agent-in-Charge Melendez. “More and more criminals are seeking ways to use the dark web to further their illegal enterprise, but law enforcement continues to evolve in its investigations to locate these vendors and bring them out of the shadows to face justice.”
Between November 2018 and the present, Ross allegedly sold controlled substances on the dark web, communicated with customers using the Wickr encrypted messaging application, distributed the drugs through the U.S. mail, and accepted the Bitcoin cryptocurrency as payment. The investigation began when a parcel containing ecstasy was seized by the Postal Inspection Service and was traced to Ross. An undercover postal inspector began purchasing controlled substances from Ross at screenname “Gladyman” through various dark web marketplaces. Ross advertised on his “Gladyman” dark web profile that customers could contact him via the Wickr at screenname “Sweettooth80,” and the undercover postal inspector began communicating with Ross using Wickr.
On May 31, 2019, using Wickr, the postal inspector ordered 100 ecstasy pills from Ross at screenname “Sweettooth80” and transferred $1,000 worth of Bitcoin to Ross’s digital wallet. Several hours later, at the Islip Post Office, Ross mailed 33 packages, including one addressed to the postal inspector’s undercover name. That package was seized and contained 100 pills that tested positive for Ecstasy.
On June 5, 2019, again using Wickr, the postal inspector ordered five grams of crystal methamphetamine from Ross at screenname “Sweettooth80.” The postal inspector then transferred $228.17 worth of Bitcoin to Ross’s digital wallet. Ross mailed 61 packages at the Bay Shore Post Office, including a package addressed to the postal inspector’s undercover name. The package was seized by postal inspectors and contained approximately five grams of a substance that tested positive for crystal methamphetamine.
A search warrant was executed at Ross’s residence yesterday, and postal inspectors recovered over 10 kilograms of ecstasy with a street value of approximately $1.5 million, a pill press for the manufacturing of controlled substances, approximately $250,000 of Bitcoin cryptocurrency and approximately $50,000 of U.S. currency.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
If convicted, the defendant faces a sentence of up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant U.S. Attorneys Lara Treinis Gatz and Artie McConnell are in charge of the prosecution.
The Defendant:
Lawrence Ross
Age: 39
Brentwood, New YorkE.D.N.Y. Docket No. 19-MJ-665
Brazilian Man Sentenced to 3 ½ Years in Prison for Defrauding Manhattan Financial Institutions and Aggravated Identity TheftRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that MARCOS ELIAS, a Brazilian citizen and resident, was sentenced to three-and-a-half years in prison for participating in a scheme to fraudulently obtain more than $750,000 at financial institutions headquartered in Manhattan using false representations and the stolen identities of Brazilian account holders at those institutions. U.S. District Judge Gregory H. Woods imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Using a stolen identity and bogus documents, Marcos Elias conned his friend’s company to transfer more than $750,000 to an account in the name of a fake company that he controlled. Instead of living off of his ill-gotten gains, he will now spend the next three-and-a-half years in prison for his crimes.”
According to the Complaint, Indictment, and statements made in court proceedings:
Since 2012, a Brazilian company (the “Client”) held an account at a financial institution headquartered in Manhattan (the “Firm”). Beginning in June 2014, cooperating witness Evandro Dos Reis Jr. (“Dos Reis”), who was then a Senior Vice President at the Firm, communicated with ELIAS, a longtime friend, regarding the Client’s account. Shortly thereafter, Dos Reis began receiving emails to his Firm email account purportedly from an employee of the Client (the “Client Employee”) instructing Dos Reis to transfer the Client’s money to a bank account in Luxembourg (the “Luxembourg Account”) that appeared to be in the name of the Client. Those emails were sent from an email address that was never used by the Client Employee and contained bogus wire instructions with the forged signature of the Client Employee. On July 15, 2014, as a result of the false documentation provided to Dos Reis which he forwarded to another Firm employee to be executed, the Firm transferred approximately $752,000 from the Client’s account at the Firm to the Luxembourg Account (the “Fraudulent Transfer”), believing it to be a legitimate transfer requested by the Client.
In actuality, the Client did not authorize the Fraudulent Transfer, did not have any bank accounts in Luxembourg, and did not send the emails to Dos Reis requesting the transfer. Rather, it was ELIAS who sent the emails purporting to be from the Client Employee that contained forged wire instructions to Dos Reis. Further, the Luxembourg Account that received the Fraudulent Transfer was beneficially owned by ELIAS and opened in the name of a company formed in Panama at ELIAS’s direction the week prior to the Fraudulent Transfer. The Panama company used by ELIAS to open the Luxembourg Account contained the name of the Client in order to create the false impression that the Client’s funds were being transferred to an account beneficially owned by the Client, when in fact such account was beneficially owned by ELIAS.
In addition to the scheme to defraud the Firm, ELIAS and Dos Reis also attempted to fraudulently obtain money from accounts at a second financial institution headquartered in Manhattan using the identities of the Client Employee and other members of the Client Employee’s family without their authority.
* * *
ELIAS, 47, of São Paulo, Brazil, was extradited from Switzerland, where he was initially arrested, to the Southern District of New York on August 28, 2018. ELIAS previously entered pleas of guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft before U.S. District Judge Laura Taylor Swain on February 4, 2019. In addition to the prison sentence, ELIAS was ordered to pay forfeiture in the amount of $752,384.57 and restitution in the amount of $938,367.87. ELIAS was also sentenced to two years of supervised release.
Dos Reis, a former employee of the Firm, previously pled guilty to one count of conspiracy to commit wire fraud and one count of wire fraud pursuant to a cooperation agreement with the Government in connection with this scheme and is awaiting sentencing.
Mr. Berman praised the outstanding investigative work of the FBI. Mr. Berman also thanked Switzerland’s Federal Office of Justice and the Zurich Police (Kantonspolizei Zürich), and the U.S. Department of Justice’s Office of International Affairs, for their assistance with the extradition.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Sagar K. Ravi is in charge of the prosecution.
Bergen County Man Admits Defrauding Government by Exchanging over $750,000 in Snap Benefits for CashRead the Press Release
NEWARK, N.J. – A Bergen County man admitted today that he stole more than $750,000 from the U.S. Government through a scheme to exchange government benefits for cash, U.S. Attorney Craig Carpenito announced.
Jamil Bader, 60, of Teaneck, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court to an indictment charging him with one count of Supplemental Nutrition Assistance Program (SNAP) benefits (formerly known as the food stamp program) fraud.
According to documents filed in this case and statements made in court:
Every SNAP recipient receives an Electronic Benefits Transfer (EBT) card, similar to a debit card, with which to make purchases. Every retailer authorized to accept SNAP benefits has an EBT terminal. Food purchases are made by swiping the card at the terminal. After the customer enters a Personal Identification Number (PIN), the EBT terminal verifies the PIN, determines whether the customer’s account balance is sufficient to cover the transaction and informs the retailer whether the transaction should be authorized or declined. If the transaction is authorized, the amount of the purchase is then deducted from the SNAP benefits reserved for the customer, and the amount is credited to the retailer’s designated bank account.
Bader admitted that he controlled a small grocery store that was located on Clinton Avenue in Newark, New Jersey between September 2013 and September 2016. Bader acknowledged placing this store in another person’s name because he had previously been banned from participation in SNAP for similar conduct. Bader admitted that he repeatedly exchanged SNAP benefits for cash and kept a portion of the proceeds for himself. Bader acknowledged that this scheme caused at least $754,424 in losses to the federal government. Bader also admitted fleeing from the United States and obtaining a foreign passport in an effort to avoid these criminal charges.
The SNAP benefits charge carries a maximum penalty of twenty years’ imprisonment and a $250,000 fine. Sentencing is scheduled for November 7, 2019.
U.S. Attorney Carpenito credited special agents of the United States Department of Agriculture – Office of the Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins with the investigation leading to today’s guilty plea. The U.S. Attorney also thanked the United States Marshal’s Service, under the direction of U.S. Marshal Juan Mattos in Newark, and U.S. Immigration & Customs Enforcement, Homeland Security Investigations, for their assistance with Bader’s apprehension and return to New Jersey.
The government is represented by Special Assistant United States Attorney Shawn Barnes of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Frederick “Chip” Dunne, III, Esq.
Benton man sentenced to 322 months in federal prison for methamphetamine, firearms chargesRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that Eric Charles Means, 33, of Benton, Louisiana, was sentenced by Chief U.S. District Judge S. Maurice Hicks Jr. to 322 months in federal prison and five years of supervised release for possession with intent to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime. Means pleaded guilty on February 19, 2019.
Law enforcement agents with the U.S. Drug Enforcement Administration encountered Means on January 24, 2018 in a vehicle in the parking lot of a hotel on Industrial Drive in Bossier City, Louisiana. Inside the vehicle were plastic baggies containing 12.6 grams of methamphetamine and two firearms in a duffel bag on the front passenger seat. Means admitted to distributing methamphetamine and that he possessed the firearms while distributing the drugs. The two firearms confiscated from the duffel bag were a Smith & Wesson .357-caliber pistol and a Glock .45-caliber pistol, along with ammunition.
The DEA and ATF conducted the investigation. Assistant U.S. Attorney Brian C. Flanagan prosecuted the case.
Alleged Fraudster Indicted in Romance ScamRead the Press Release
SAN FRANCISCO – Franklin Efijemueh was indicted on wire fraud charges related to an alleged romance fraud scheme, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
In an indictment filed July 18, 2019, and unsealed today, a federal grand jury charged Efijemueh, 37, of Lawrenceville, Ga., with participating in a scheme to defraud a San Francisco victim. According to the indictment, the fraud began in April 2018 when a man going by the name “Allen Green” developed a romantic relationship electronically with the female victim. The indictment describes how “Allen Green” told the victim he had traveled to Bahrain and was having financial issues while there. In reality, the indictment alleges, “Allen Green” was in Nigeria. Based on Green’s representations, the victim sent him money. Then, in June of 2018, Green began to refer to another individual named “Rashad Cosmos” who purportedly could provide funds for the victim. The indictment alleges that “Rashad Cosmos” was actually Efijemueh.
The indictment charges Efijemueh with receiving three payments from the victim in connection with the fraudulent promise to provide the victim money. First, Efijemueh, using the “Rashad Cosmos” moniker, agreed to travel to San Francisco to provide money to the victim if she first would agree to pay him in advance. Based upon this representation, the victim sent money to accounts designated by Efijemueh. Second, Efijemueh arranged to meet the victim in a San Francisco hotel room if she brought additional cash to the meeting. The victim brought the additional cash to the meeting and gave it to Efijemueh when they met. Third, when the victim arrived at the San Francisco hotel room, Efijemueh showed the victim a safe and claimed that the safe contained large amounts of currency that would have to be cleaned before it could be used. Efijemueh agreed to clean the currency for an additional fee. Based on those representations, the victim sent Efijemueh more money. According to the indictment, the safe actually contained primarily pillows.
In sum, the indictment charges Efijemueh with three counts of wire fraud, in violation of 18 U.S.C. § 1343, for his part in the scheme. Efijemueh was arrested today in Lawrenceville, Georgia. He made his initial appearance in Atlanta and was released on bond. His next appearance is scheduled to be on August 9, 2019, at 10:30 a.m., before U.S. Magistrate Judge Joseph C. Spero in San Francisco.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 20 years in prison and a maximum $250,000 fine on each count of wire fraud. In addition, the court also may order an additional term of supervised release, fines or other assessments, and restitution, if appropriate. 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 Robert David Rees is prosecuting this case with the assistance of Kathy Tat. This prosecution is the result of an investigation by the FBI.
41-Year-Old Child Molester Committed to Federal Custody as a Sexually Dangerous PersonRead the Press Release
GREENVILLE, N.C. – United States Attorney Robert J. Higdon, Jr., announced that Senior United States District Judge Malcolm J. Howard committed Jeremy E. Durkin, 41, to the custody of the Attorney General as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006.
DURKIN has an extensive history of sexually molesting minors and failing to comply with the terms of incarceration and supervision. During his teenage years, DURKIN sexually molested multiple children, including a toddler as young as two years old. For years, DURKIN avoided detection of these assaults.
During his early twenties, DURKIN sexually molested a young boy on multiple occasions when the boy was between the ages of six and nine. DURKIN instructed the boy not to tell anyone about the assaults. These assaults were reported to law enforcement, and when DURKIN learned of this, he fled from the state of his residence and lived on the run for approximately four months. He was ultimately apprehended, prosecuted by the State of Idaho, convicted, and sentenced to serve three (3) to ten (10) years in the Idaho Department of Corrections.
In June 2009, DURKIN was released on parole. Within approximately six months of his release—and while on probation— DURKIN was at it again. He used his work computer to contact a fifteen-year-old boy in another state via Facebook, and the two began communicating via email, U.S. mail, and telephone. These conversations swiftly became sexual in nature, and by early January 2010—less than seven months after being released from prison—DURKIN was sending nude and sexually provocative photos to the boy and receiving similar images in return. During this period of parole, DURKIN also viewed child pornography on his work computer at a hotel front desk and began using methamphetamine, a drug he had used regularly before his prison sentence. After just fifteen months in the community, DURKIN was sent back to a prison for an unrelated parole violation, but his sexual communications with the teenaged boy had not yet been detected. Even while back in Idaho prison, DURKIN continued to send sexually charged letters to the fifteen-year-old boy. When these communications were discovered, DURKIN was federally prosecuted and convicted of using interstate facilities to transmit information about a minor. He was sentenced to 81 months and 8 days in federal prison.
While in federal custody, DURKIN continued to engage in problematic behavior demonstrating his inability to control his sexual behavior. DURKIN was discovered to possess material containing images of children, summaries of books and movies about children, and references to sexually explicit material and websites. Just two weeks after this discovery, DURKIN was again discovered with magazines depicting images of children with exposed torsos, newspapers containing images of children, and hand-written notes containing sexually suggestive comments. Prison staff received multiple allegations that he was having inappropriate sexual contact with other inmates while in a sex-offender treatment program. Ultimately, he was expelled from treatment for his failure to comply with program requirements. During a recent psychological evaluation performed by a court-appointed psychologist, DURKIN admitted to having continuing sexual fantasies involving children while in federal prison.
DURKIN was scheduled for release from federal prison on December 4, 2019, but the United States certified him as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006. Congress passed this Act in order to provide another powerful legal mechanism for protecting the public from some of the most dangerous sexual offenders. The Act allows the United States to seek civil commitment of sexually dangerous persons who, because of a serious mental illness, abnormality, or disorder, would have serious difficulty refraining from sexually violent conduct or child molestation.
The United States believed that DURKIN met every element of that definition. On July 18, 2019, and based on clear and convincing evidence presented during a bench trial, Judge Howard agreed. He committed DURKIN to the custody of the Attorney General as a sexually dangerous person.
In a written order, Judge Howard explained how the government had proven that DURKIN was sexually dangerous. At trial, three separate expert witnesses concluded that DURKIN is sexually attracted to young children due to a serious mental disorder known as pedophilic disorder. DURKIN himself admitted that he was sexually attracted to children. Furthermore, Judge Howard found that DURKIN'S history of sexually offending against children, his difficulties in sex offender treatment, his sexual exploitation of a teenaged boy while on parole supervision, while being investigated for molesting his own son, and while back in state custody, as well as his possession of prohibited child-focused material while in a sex offender treatment program in prison together demonstrated that DURKIN would have serious difficulty refraining from sexually violent conduct or child molestation if released. The Court also explained that DURKIN inappropriately rationalizes and minimizes his sexual abuse of children, including claiming, as DURKIN did at trial, that he molested his victims because the victims, some as young as nine years old, wanted to engage in sexual behavior with him.
The United States Attorney’s Office for the Eastern District of North Carolina litigates all Adam Walsh Act cases for the entire country. All sexually dangerous persons who are committed to federal custody are housed in a federal facility in that district, where intensive, residential treatment is offered to them. DURKIN is the eighty-fourth sexually dangerous person committed under the Adam Walsh Act.
Special Assistant United States Attorney Michael E. Lockridge and Assistant United States Attorney John E. Harris represented the government in this case.
Wednesday 24 July 2019
Woman Sent to Prison for Importing Nearly 2000 Fentanyl PillsRead the Press Release
McALLEN, Texas – A 32-year-old Kentucky woman has been ordered to federal prison after attempting to hide narcotics inside her body and within her undergarments, announced U.S. Attorney Ryan K. Patrick.
Yenny Yamileth Pino pleaded guilty Feb. 4, 2019.
Today, U.S. District Judge Micaela Alvarez, who accepted the guilty plea, handed Pino a 30-month-term of imprisonment. In handing down the sentence, the court noted the dangers of Fentanyl, how addictive it is and the problem it has become in the United States over the last few years.
On Aug. 12, 2018, Pino walked into the Hidalgo port of entry from Mexico. At primary, she began to give inconsistent statements and was sent to secondary inspection. Federal agents soon discovered nearly 900 fentanyl pills hidden in her undergarments.
She then admitted to having more inside her. Medical personnel assisted in the removal of an additional 1100 fentanyl pills hidden inside of her vagina, wrapped in a cylinder and covered by a condom.
Law enforcement ultimately discovered a total of 1981 hidden pills.
Pino was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney David A. Lindenmuth is prosecuting the case.
Woman Pleads Guilty to Making False Statements to MedicaidRead the Press Release
NORFOLK, Va. – A Virginia Beach woman pleaded guilty today to making a false statement to the Medicaid Program.
According to court documents, Mary Otto, 53, worked as the office manager for the Behavioral Neuropsychiatric Group, a psychiatric practice in Virginia Beach. While Otto was in charge of the administrative tasks of the practice, she had no medical training and was not licensed to practice medicine, nor prescribe medications in Virginia. Court records indicate that the psychiatrist who owned the practice traveled extensively overseas, sometimes for months at a time. During these times, patients of the practice required prescription medication refills. The psychiatrist provided Otto with blank pre-signed prescription pads for Otto to prescribe Schedule II and Schedule III controlled substances in the psychiatrist’s absence. In one particular instance, Otto prescribed Adderall, a Schedule II controlled substance, to a Medicaid patient. According to the court documents, Medicaid would not have paid for the medication had they known Otto prescribed it.
Otto faces a maximum penalty of five years in prison when sentenced on November 5. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, Robert Craig, Special Agent in Charge for Defense Criminal Investigative Service Mid-Atlantic Field Office, Nicholas DiGiulio, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS), and Mark R. Herring, Attorney General of Virginia, made the announcement after U.S. Magistrate Judge Robert J. Krask accepted the plea. Assistant U.S. Attorney Joseph L. Kosky is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-101.
Virginia Man Pleads Guilty to Participating in Large-Scale Narcotics Trafficking and Possession of a FirearmRead the Press Release
WASHINGTON – Amir Gibreel, 30, of Northern Virginia, pled guilty yesterday for his role in a large-scale marijuana distribution enterprise, announced U.S. Attorney Jessie K. Liu, Charles A. Dayoub, Acting Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Ashan M. Benedict, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Gibreel pled guilty before the Honorable Rudolph Contreras in the U.S. District Court for the District of Columbia to one count of possessing with intent to distribute marijuana and one count of unlawful possession of a firearm by a person previously under felony indictment. Gibreel faces up to five years of prison, up to three years of supervised release; and a fine up to $250,000. As part of his plea, Gibreel accepted responsibility for running a marijuana business and possessing with intent to distribute over 80 pounds of marijuana. This conviction represents Gibreel’s third marijuana-related conviction. Judge Contreras scheduled sentencing for October 24, 2019.
According to the Government’s evidence, in the summer of 2018, law enforcement associated with the FBI’s Safe Streets Task Force began investigating the defendant for the illegal distribution of marijuana. The FBI learned that Gibreel was operating a website called JetpackDC. The website specifically sells marijuana through an online distribution system. Much like Uber Eats or other internet delivery services, a user would obtain contact information from the internet, and then contact a telephone number to coordinate the sale and drop-off of various packages of marijuana, ranging from small sales in the low-dollar amount, or high sales in the hundreds of dollars. The FBI learned that Gibreel operated stash houses to prepare and market his product. Gibreel also utilized Airbnb, a housing internet rental company, to store his marijuana. Gibreel and his associates were making $80,000 to $100,000 monthly.
In September and October of 2018, the FBI conducted three separate controlled purchases to identify the defendant’s Airbnb safe house. Based on the controlled purchases and coordinated surveillance, FBI was able to identify two locations as possible premises associated with the distribution of marijuana: 18 N Street N.W. (an Airbnb apartment used by the defendant) and 230 Rhode Island Avenue N.E. (Gibreel’s leased apartment).
On October 30, 2018, FBI executed search warrants at both locations. The defendant was present at the 18 N Street apartment, along with four other individuals who stated that they did not reside at the location. Law enforcement identified one individual as one of the delivery drivers from the earlier controlled purchases.
During the search of 18 N St. N.W., law enforcement found several of Gibreel’s personal belongings in an upstairs bedroom, including a blue backpack with the JetpackDC label. Law enforcement found several documents, mail matter, and notebooks inside the backpack, which belonged to the defendant. In the same bedroom, law enforcement found approximately $17,230 in cash on the closet shelf, and another $1,939 in cash in the front right pocket of a pair of blue jeans that Gibreel identified as his own. On a folding table in the same room, law enforcement found Gibreel’s bankcard and $352 in cash. On the bed, law enforcement found two ledger books containing information pertaining to the sale of marijuana. In a second upstairs bedroom, law enforcement located multiple bins, cardboard boxes, and canisters containing various amounts of marijuana, a suitcase containing marijuana vape cartridges, and marijuana packaging materials, such as a label maker and heat-sealing equipment. In total, the approximate weight of the marijuana found in the second bedroom was 80 pounds, with a street value of over $100,000.
During the search of 230 Rhode Island Avenue N.E.—no one was present during the warrant’s execution—law enforcement found a black 9mm Springfield XD semi-automatic pistol (Serial No. US8499099), which contained 16 rounds of ammunition, in the sole bedroom. Underneath the firearm was mail matter addressed to the defendant, $15,000 in cash, and medical cannabis stickers. In the kitchen, law enforcement also seized an extended magazine, marijuana packaging materials, grinders, four ledgers (containing information pertaining to marijuana sales in the thousands of dollars per day), bank statements, nine cell phones, additional mail matter, four laptops, a money counter, three tablets, and a bag containing JetpackDC paraphernalia. Law enforcement also recovered approximately 900 grams of marijuana from the kitchen and living room.
Both the firearm and ammunition possessed by Gibreel had been shipped and transported in interstate commerce and in fact, the defendant had purchased the firearm through an intermediary in Northern Virginia.
Finally, on October 30, 2018, the defendant was aware that on April 30, 2018, he had been indicted by a grand jury in Arlington County, Commonwealth of Virginia, in case number CR18000582 (Sale/Distribute Marijuana) and CR18000583 (Possession of a Controlled Substance). Both of the indicted charges are felony offenses in the Commonwealth of Virginia, and are punishable by a prison term not exceeding one year.
In announcing the plea, U.S. Attorney Liu, Acting Special Agent in Charge Dayoub, and Special Agent in Charge Benedict commended the assistance provided by our joint law enforcement partners and the Arlington County Commonwealth Attorney’s Office. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Gregory Rosen of the Violent Crime and Narcotics Trafficking Section.
Virginia Beach Pump Company Pleads Guilty to Clean Water Act ViolationsRead the Press Release
NEWPORT NEWS, Va. – A Virginia Beach company pleaded guilty today to violating the Clean Water Act.
According to court documents, Forrest Sewer Pump Service, Inc., a family owned and operated business headquartered in Virginia Beach, violated the Clean Water Act (CWA) in 2015 and 2016 by illegally discharging pollutants into unauthorized manholes and pump stations. The court records indicate Forrest Sewer has been a Virginia licensed wastewater hauler and provider of sewer pumping services and grease hauling for more than 20 years. Forrest Sewer maintained an industrial user wastewater discharge permit to discharge into the Hampton Roads Sanitation District (HRSD) sewage treatment system. However, the records indicate that Forrest Sewer discharged at the unauthorized locations to, among other things, avoid paying dumping fees to HRSD.
The knowing introduction of trucked pollutants into undesignated locations is specifically prohibited by the CWA pretreatment prohibitions and the local HRSD Industrial Wastewater Discharge Regulations. Forrest Sewer was caught on video dumping the pollutants at an undesignated location in the Virginia Beach area.
Forrest Sewer faces a maximum sentence of five years of probation, as well as fine of up to $50,000 per day of violation for the Clean Water Act violations when sentenced on October 24. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jennifer Lynn, Special Agent in Charge of the Environmental Protection Agency’s (EPA) Criminal Investigation Division, Philadelphia Area Office, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorney Joseph L. Kosky is prosecuting the case, with the assistance of EPA attorneys and Special Assistant U.S. Attorneys Jessica Goldstein and David Lastra.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-118.
U.S. Attorney’s Office to Host Meeting in the Community to Combat Hate CrimesRead the Press Release
WASHINGTON – The United States Attorney’s Office for the District of Columbia will host a D.C. Hate-Bias Crimes Task Force meeting today, at the Frank D. Reeves Center. The meeting will provide an opportunity for the community to come together to discuss hate-bias crimes in the District and share strategies for addressing such crimes.
The Hate-Bias Task Force comprises agency and community partners in the District that focuses on addressing crimes that impact various affinity groups in the city.
In 1995, the Office implemented the Community Prosecution Initiative, which involves not only prosecuting criminals and litigating cases, but connecting with stakeholders to understand and address the public safety needs of our local communities. This community-based strategy enables Community Prosecutors and Community Outreach Specialists to work directly with residents, local businesses, nonprofit organizations, and other community stakeholders to develop a comprehensive approach to fighting crime and protecting those who live and work in the District of Columbia.
The Office’s present community outreach strategy focuses on building bonds of trust between the Office and the community; enhancing public safety through education; and increasing community participation in the criminal justice system.
The event is free and open to the public, and will be held at the Frank D. Reeves Center, located at 2000 14th Street NW on Wednesday, July 24, 2019, at 7:00 p.m. U.S. Attorney Jessie K. Liu and Executive Assistant U.S. Attorney Wendy Pohlhaus for External Affairs will be present to answer questions.
The U.S. Attorney’s Office for the District of Columbia, the D.C. Center for the LGBT Community, and the D.C. Anti-Violence Project are partnering to organize the upcoming meeting. Please come learn about the law governing hate-bias crimes and how our Office prosecutes these crimes. For more information or special accommodations, please contact [email protected] or 202-252-6930.
Two Mississippi Men Plead Guilty in Odometer Fraud SchemeRead the Press Release
WASHINGTON – Two Long Beach, Mississippi, men pleaded guilty today for their roles in a long-running odometer tampering scheme, the Department of Justice announced.
Oscar M. Baine, 41, pleaded guilty to one count of conspiracy to alter odometers and one count of odometer tampering. Jeffrey Lyn Savarese II, 35, pleaded guilty to one count of conspiracy to alter odometers. Both defendants appeared in federal court in Gulfport before U.S. District Judge Louis Guirola Jr. The court set sentencing hearings for both defendants for Oct. 17.
As part of his plea agreement, Baine admitted that he purchased high-mileage vehicles from wholesale automobile auctions, dealerships, and individuals, and arranged to alter the vehicles’ odometers to reflect false, lower-mileage readings. Baine admitted that he paid Savarese and others to change or alter odometers at his used car lot in Gulfport. Baine then sold the rolled-back vehicles to unsuspecting consumers for inflated prices. Savarese admitted that he began altering odometers for Mississippi and Louisiana used-car dealers in 2011 and reset the odometers on at least 200 used vehicles for Baine.
“The Department of Justice is committed to prosecuting auto dealers who defraud consumers by selling vehicles with unlawfully altered odometers,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “Consumers rely on mileage information to assess the value and safety of a vehicle, and that information must be accurate.”
“These criminals put the public at risk by rolling back odometers and defrauding hundreds of people out of one of their biggest investments. I commend the investigators and prosecutors for bringing these criminals to justice and for protecting the public from further fraudulent acts by these two. We will remain vigilant as to these types of crimes and continue working to make our roads and communities safer for everyone,” said Mike Hurst, U.S. Attorney for the Southern District of Mississippi.
In pleading guilty, Baine admitted that he and a co-conspirator caused at least 387 vehicles to be rolled back between 2011 and 2014, with resulting consumer losses of more than $600,000. Baine also admitted that, at times, the altered odometers and fraudulent titles included false mileages that were more than 100,000 miles less than the vehicles’ actual mileages.
Senior Litigation Counsel Linda I. Marks of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Andrea Jones of the U.S. Attorney’s Office for the Southern District of Mississippi are the prosecutors for the case. The National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA), assisted by the State of Mississippi Office of the Attorney General, investigated the case.
NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually. Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (800) 424-9393 or (202) 366-4761.
Two Mississippi Men Plead Guilty in Odometer Fraud SchemeRead the Press Release
Two Long Beach, Mississippi, men pleaded guilty today for their roles in a long-running odometer tampering scheme, the Department of Justice announced.
Oscar M. Baine, 41, pleaded guilty to one count of conspiracy to alter odometers and one count of odometer tampering. Jeffrey Lyn Savarese II, 35, pleaded guilty to one count of conspiracy to alter odometers. Both defendants appeared in federal court in Gulfport before U.S. District Judge Louis Guirola Jr. The court set sentencing hearings for both defendants for Oct. 17.
As part of his plea agreement, Baine admitted that he purchased high-mileage vehicles from wholesale automobile auctions, dealerships, and individuals, and arranged to alter the vehicles’ odometers to reflect false, lower-mileage readings. Baine admitted that he paid Savarese and others to change or alter odometers at his used car lot in Gulfport. Baine then sold the rolled-back vehicles to unsuspecting consumers for inflated prices. Savarese admitted that he began altering odometers for Mississippi and Louisiana used-car dealers in 2011 and reset the odometers on at least 200 used vehicles for Baine.
“The Department of Justice is committed to prosecuting auto dealers who defraud consumers by selling vehicles with unlawfully altered odometers,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “Consumers rely on mileage information to assess the value and safety of a vehicle, and that information must be accurate.”
“These criminals put the public at risk by rolling back odometers and defrauding hundreds of people out of one of their biggest investments. I commend the investigators and prosecutors for bringing these criminals to justice and for protecting the public from further fraudulent acts by these two. We will remain vigilant as to these types of crimes and continue working to make our roads and communities safer for everyone,” said Mike Hurst, U.S. Attorney for the Southern District of Mississippi.
In pleading guilty, Baine admitted that he and a co-conspirator caused at least 387 vehicles to be rolled back between 2011 and 2014, with resulting consumer losses of more than $600,000. Baine also admitted that, at times, the altered odometers and fraudulent titles included false mileages that were more than 100,000 miles less than the vehicles’ actual mileages.
Senior Litigation Counsel Linda I. Marks of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Andrea Jones of the U.S. Attorney’s Office for the Southern District of Mississippi are the prosecutors for the case. The National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA), assisted by the State of Mississippi Office of the Attorney General, investigated the case.
NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually. Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (800) 424-9393 or (202) 366-4761. More information on odometer fraud is available on the NHTSA website at https://www.nhtsa.gov/odometer-fraud and tips on detecting and avoiding odometer fraud are available at www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Mississippi, visit https://www.justice.gov/usao-sdms.
Two Men Indicted on Armed Bank Robbery and Firearms Charges in Connection with North Greenbush Bank RobberyRead the Press Release
ALBANY, NEW YORK – A federal grand jury today indicted two men in connection with a February 2019 armed robbery of an M&T Bank branch in which a bank employee was shot.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Keith M. Corlett, Superintendent of the New York State Police.
The indictment charges Christopher J. Cohn a/k/a “Wolf,” age 26, of Albany, and Ulysses Jessie Walls a/k/a “Guwala,” age 25, of Rensselaer, New York, with armed bank robbery and use of a firearm during a crime of violence. According to the indictment and a previously filed criminal complaint, Cohn and Walls entered an M&T Bank branch in North Greenbush on the morning of February 26, 2019, each wearing a ski mask and brandishing a gun. In the course of the robbery, Cohn fired multiple shots, including one that grazed an employee of the bank. Law enforcement arrested Cohn, Walls and their alleged getaway driver Quardel Valentine, at an Albany motel shortly after the robbery. Valentine remains charged by criminal complaint.
The charges are merely accusations. The defendants are presumed innocent unless and until proven guilty.
If convicted on the armed bank robbery charge, Cohn and Walls each face at least 10 years and as much as life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years. If convicted of the firearm charge, Cohn and Walls each face at least 10 years and up to life in prison, to be served consecutive to the term of imprisonment for the armed bank robbery charge. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the FBI, the New York State Police, the Town of North Greenbush Police Department, the Albany Police Department, and the Albany County Sheriff’s Office, with the assistance of the Rensselaer County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Wayne A. Myers.
Two Grundy County, Tennessee Sheriff’s Officers Charged with Federal Civil Rights OffensesRead the Press Release
Chief Deputy Anthony “Tony” Bean, 59, and Sergeant Anthony “T.J.” Bean, 29, of the Grundy County Sheriff’s Office were indicted today by a federal grand jury in Chattanooga, Tennessee, for using excessive force against arrestees, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Eastern District of Tennessee J. Douglas Overbey, and FBI-Knoxville Special Agent in Charge Troy A. Sowers.
For an incident involving an arrestee identified by the initials F.M., the indictment charges Deputy Chief Tony Bean and Deputy T.J. Bean with one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242. The indictment alleges that the defendants, while serving with the Grundy County Sheriff’s Office, used unreasonable force when they assaulted and injured arrestee F.M. in December 2017.
The indictment additionally charges Tony Bean with one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242 for an incident involving arrestee C.G. The indictment alleges that, while serving as Chief of Police with the Tracy City Police Department, Tony Bean used unreasonable force when he assaulted and injured arrestee C.G. in August 2014.
Each of the counts charging a violation of 18 U.S.C. § 242 carries a maximum penalty of 10 years of imprisonment. An indictment is merely an accusation and each defendant is presumed innocent unless proven guilty.
This case was investigated by the Knoxville Division of the FBI, and is being prosecuted by Trial Attorneys Rebekah J. Bailey and Kathryn E. Gilbert of the Justice Department’s Civil Rights Division and Assistant United States Attorney Perry H. Piper of the United States Attorney’s Office for the Eastern District of Tennessee.
Two Grundy County, Tennessee Sheriff's Officers Charged with Federal Civil Rights OffensesRead the Press Release
WASHINGTON – Chief Deputy Anthony “Tony” Bean, 59, and Sergeant Anthony “T.J.” Bean, 29, of the Grundy County Sheriff’s Office were indicted today by a federal grand jury in Chattanooga, Tennessee, for using excessive force against arrestees, announced U.S. Attorney for the Eastern District of Tennessee J. Douglas Overbey, Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, and FBI-Knoxville Special Agent in Charge Troy A. Sowers.
The indictment charges Deputy Chief Tony Bean and Deputy T.J. Bean with one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242 for an incident involving an arrestee identified by the initials F.M.. The indictment alleges that the defendants, while serving with the Grundy County Sheriff’s Office, used unreasonable force when they assaulted and injured arrestee F.M. in December 2017.
The indictment additionally charges Tony Bean with one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242 for an incident involving arrestee C.G. The indictment alleges that, while serving as Chief of Police with the Tracy City Police Department,
Tony Bean used unreasonable force when he assaulted and injured arrestee C.G. in August 2014.
Each of the counts charging a violation of 18 U.S.C. § 242 carries a maximum penalty of 10 years of imprisonment. An indictment is merely an accusation and each defendant is presumed innocent unless proven guilty.
This case was investigated by the Knoxville Division of the FBI, and is being prosecuted by Assistant United States Attorney Perry H. Piper of the United States Attorney’s Office for the Eastern District of Tennessee and Trial Attorneys Rebekah J. Bailey and Kathryn E. Gilbert of the Justice Department’s Civil Rights Division.
Tonawanda Man Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Dudley, 31, of Tonawanda, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that between February 2013 and April 2015, Dudley worked for and with Alan Ceccarelli, the owner and manager of a debt collection business. During that time, the defendant engaged in a scheme to defraud debtors and purported debtors by false and fraudulent pretenses. Dudley tricked and coerced victims throughout the United States into paying supposed debts through a variety of false statements and threats. Because Ceccarelli did not actually own the debts on which he, Dudley, and other employees collected, payments made by victims went directly to Ceccarelli, rather than to satisfy any of the victims’ outstanding debts.
Dudley received approximately $72,250 of the fraud proceeds collected from victims as commission.
In addition, Dudley and Ceccarelli placed telephone calls to debtors involved in bankruptcy proceedings, in which they posed as attorneys or representatives of bankruptcy courts, and induced debtors to make payments to Ceccarelli, by falsely stating that such payments were necessary for the debtors to finalize their bankruptcy proceedings.
Alan Ceccarelli was previously convicted and sentenced to serve 72 months in prison.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for October 23, 2019, at 2:00 p.m. before Judge Wolford.
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Thirteen Individuals Indicted in July 2019 Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the July 2019 Federal Grand Jury.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A Grand Jury Indictment does not constitute evidence of guilt. A Grand Jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
MARQUISE LEDON FONVILLE, age 33, of Eufaula, OklahomaFelon In Possession Of Firearm
The Superseding Indictment alleges that on or about February 8, 2019, within the Eastern District of Oklahoma, the defendant, MARQUISE LEDON FONVILLE, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm, to-wit: One (1) Forjas Taurus, S.A., Model PT709 9mm caliber semi-automatic pistol, serial number TFP94054, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The charges arose from an investigation by the Eufaula Police Department and the Federal Bureau of Investigation.
Assistant United States Attorney Dean Burris
CHRISTOPHER MICHAEL WHITAKER SR., age 44, of Muskogee, Oklahoma
A/K/A “UNC”CORNELIOUS JOSHUA JONES, age 30, of Muskogee, Oklahoma
A/K/A “CORN”DEVIN TREVON WHITAKER, age 19, of Muskogee, Oklahoma
TORRELL DSHAUN BOGAR, age 21, of Muskogee, Oklahoma
A/K/A “T REAL”AARON ONEAL BOGAR, age 19, of Muskogee, Oklahoma
A/K/A AARON ONEAL WILSON
A/K/A “AB”JASON DOUGLAS LEE, age 33, of Muskogee, Oklahoma
A/K/A “J ROCK”
A/K/A “DOUGLAS FRESH”DREW ALEXANDER RAGSDALE, age 21, of Muskogee, Oklahoma
A/K/A “DREW DOWN”KLAWAUN LYNELL SUTTON, age 38, of Muskogee, Oklahoma
A/K/A “O.G.G.”DERRICK CHRISTOPHER SEGUE, age 26, of Muskogee, Oklahoma
JASMINE DAZHA MCCOY, age 23, of Muskogee, Oklahoma
ALISON RACHEL MORGAN, age 28, of Muskogee, Oklahoma
Drug Conspiracy
Distribution Of Methamphetamine
Felon In Possession Of Firearm And Ammunition
Possession With Intent To Distribute Methamphetamine
Conspiracy To Tamper With A Witness
Felon In Possession Of Firearm
Possession Of Firearm In Furtherance Of Drug Trafficking CrimeThe Superseding Indictment alleges that on beginning on a date in June 2017, the exact date being unknown to the Grand Jury, and continuing until on or about the date of this Indictment, in the Eastern District of Oklahoma and elsewhere, CHRISTOPHER MICHAEL WHITAKER, Sr. a/k/a “Unc”, CORNELIOUS JOSHUA JONES a/k/a “Corn”, DEVIN TREVON WHITAKER, TORRELL DSHAUN BOGAR a/k/a “T Real”, AARON ONEAL BOGAR a/k/a AARON ONEAL WILSON, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, DREW ALEXANDER RAGSDALE a/k/a “Drew Down”, KLAWAUN LYNELL SUTTON a/k/a “O.G.G.”, DERRICK CHRISTOPHER SEGUE, JASMINE DAZHA McCOY, and ALISON RACHEL MORGAN, defendants herein, did knowingly and intentionally combine, conspire, confederate, and agree together, and with others known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 846. punishable by not less than 10 years imprisonment, and up to a $10,000,000 fine, or both.
The Superseding Indictment further alleges that on or about May 14, 2018, within the Eastern District of Oklahoma, defendant, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
The Superseding Indictment further alleges that on or about May 29, 2018, within the Eastern District of Oklahoma, defendant, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
The Superseding Indictment further alleges that on or about July 5, 2018, within the Eastern District of Oklahoma, defendant, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
The Superseding Indictment further alleges that on or about August 18, 2018, within the Eastern District of Oklahoma, the defendant, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Superseding Indictment further alleges that on or about August 18, 2018, within the Eastern District of Oklahoma, the defendant, DREW ALEXANDER RAGSDALE a/k/a “Drew Down”, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Superseding Indictment further alleges that on or about August 10, 2018, within the Eastern District of Oklahoma, defendant, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, did knowingly and intentionally distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).
The Superseding Indictment further alleges that on or about August 15, 2018, within the Eastern District of Oklahoma, defendant, JASON DOUGLAS LEE a/k/a “J Rock” a/k/a “Douglas Fresh”, did knowingly and intentionally distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
The Superseding Indictment further alleges that on or about August 18, 2018, within the Eastern District of Oklahoma, defendant, AARON ONEAL BOGAR a/k/a AARON ONEAL WILSON, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).
The Superseding Indictment further alleges that on or about September 4, 2018, within the Eastern District of Oklahoma, defendant, DEVIN TREVON WHITAKER, did knowingly and intentionally distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).
The Superseding Indictment further alleges that on or about September 13, 2018, within the Eastern District of Oklahoma, defendant, DEVIN TREVON WHITAKER, did knowingly and intentionally distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).
The Superseding Indictment further alleges that on or about January 21, 2019, within the Eastern District of Oklahoma, defendant, CORNELIOUS JOSHUA JONES a/k/a “Corn”, did knowingly and intentionally possess with intent to distribute 5 grams or more of a mixture or substance containing a detectable amount of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).
The Superseding Indictment further alleges that from on or about January 30, 2019, and continuing until on or about January 31, 2019, in the Eastern District of Oklahoma, the defendants, CORNELIOUS JOSHUA JONES a/k/a “Corn”, KLAWAUN LYNELL SUTTON a/k/a “O.G.G.”, DERRICK CHRISTOPHER SEGUE, JASMINE DAZHA McCOY, and ALISON RACHEL MORGAN, did unlawfully, knowingly and intentionally combine, conspire, confederate and agree to commit the following offense against the United States, to wit: Tampering With a Witness, Victim, and Informant by conspiring to intimidate, threaten, and corruptly persuade another person with the intent to cause and induce any person to withhold testimony from an official proceeding, contrary to Title 18, United States Code, Sections 1512(b)(1), 1512(k), and 1512(j).
The Superseding Indictment further alleges that on or about January 21, 2019, within the Eastern District of Oklahoma, the defendant, CORNELIOUS JOSHUA JONES a/k/a “Corn”, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Superseding Indictment further alleges that on or about January 21, 2019, in the Eastern District of Oklahoma, the defendant, CORNELIOUS JOSHUA JONES a/k/a “Corn”, did knowingly possess a firearm in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count Twelve, in violation of Title 18, United States Code, Section 924(c).
The charges arose from a joint investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Muskogee County Sheriff’s Office, and the Muskogee Police Department. Additionally, many different agencies that are members of the DEA High Intensity Drug Trafficking Area Task Force (“HIDTA”) and the FBI Safe Trails Task Force played important roles in the investigation.
Assistant United States Attorney Rob Wallace
RUSTY SHAWN SUMMIT, age 38, of Bryan County, Oklahoma
Wire Fraud (6 Counts)
The Indictment alleges that from on or about May 27, 2016 to on or about March 7, 2017, in the Eastern District of Oklahoma and elsewhere, the defendant, RUSTY SHAWN SUMMIT, devised a scheme to obtain money and property from others by means of materially false and fraudulent pretenses, representations and promises, in violation of Title 18, United States Code, Sections 1343 and 2, punishable by not more than 20 years imprisonment, a fine up to $250,000.00, or both, for each count.
First Assistant United States Attorney Christopher Wilson
Tax Preparer Sentenced for Filing False Tax ReturnsRead the Press Release
A self-employed tax preparer who filed fraudulent tax returns for his customers was sentenced July 23, 2019, to one year in federal prison.
Serge Cibuyi, age 49, a naturalized United States citizen originally from the Democratic Republic of the Congo, currently residing in Moline, Illinois, received the prison term after an October 25, 2018, guilty plea to one count of preparing and filing a false and fraudulent tax return, in violation of Title 26 U.S.C. § 7206.
In a plea agreement, Cibuyi admitted that, while living in Cedar Rapids, Iowa, he received an online certificate in tax-return preparation. Cibuyi admitted that when preparing returns for customers, he prepared fraudulent tax returns by claiming false deductions and credits or by inflating legitimate deductions and credits. As part of the scheme, Cibuyi paid individuals to allow Cibuyi to use their dependents on other taxpayers’ returns to boost refunds. Between 2014 and 2015, Cibuyi prepared and filed at least 36 false tax returns with a tax loss to the United States in excess of $100,000.
Cibuyi was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Defendant was sentenced to twelve months and one day imprisonment. He must also serve a one year term of supervised release after the prison term. There is no parole in the federal system.
Cibuyi was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorneys Justin Lightfoot and Matthew J. Cole and investigated by the Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-81.
Follow us on Twitter @USAO_NDIA.
Summerville Man Who Threatened Restaurant Staff Sentenced on Federal Firearms ChargeRead the Press Release
Charleston, South Carolina --- United States Attorney Sherri A. Lydon announced today that Michael Stephen Strawn, 35, of Summerville, was sentenced to over four years in federal prison after pleading guilty to being a felon in possession of a firearm and ammunition.
Evidence presented to the court showed that in March 2018, officers of the North Charleston Police Department responded to a disturbance at a North Charleston restaurant. Officers learned that Michael Steven Strawn had threatened to kidnap an employee and make her disappear after a credit card was declined. Police caught up with Strawn at another restaurant, where a bystander warned an officer that Strawn had a gun. The officer drew his weapon and ordered Strawn to show his hands. When Strawn pulled his hands from his pocket, a loaded .40 caliber Glock fell to the ground, and Strawn was arrested.
United States District Judge Richard M. Gergel sentenced Strawn to 51 months in federal prison, to be followed by a 3-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the North Charleston Police Department. It was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. Assistant United States Attorney Chris Schoen of the Charleston office prosecuted the case.
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St. Croix Man Who Caused a Semi-Automatic Pistol to Be Shipped to the Territory Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
St. Croix, USVI –William Payne, 39, of St. Croix, pled guilty on July 24, 2019, in District Court to one federal count of Possession of a Firearm by a Convicted Felon, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, on April 28, 2017, Payne and another individual traveled to Southern Oaks Gun & Pawn, a federally licensed firearms dealer, located in Orlando, Florida. Payne was present when the other individual purchased a KEL TEC PLR-16 Semi-Automatic Pistol.
On May 2, 2017, Payne caused the same firearm, two high-capacity magazines, and ammunition to be shipped by Tropical Shipping via seaborne container freight shipment from Ft. Lauderdale, Florida, to St. Croix, Virgin Islands. The firearm, high capacity magazines, and ammunition thus traveled in or affected interstate commerce.
On May 16, 2017, Customs and Border Protection (CBP) officers conducted an inspection of an inbound Tropical Shipping freight container. Upon inspection of a pallet of commercial goods destined for a local St. Croix business, CBP officers located the KEL TEC PLR-16 Semi-Automatic Pistol, the two high-capacity magazines for the firearm, and 206 rounds of 5.56x45mm ammunition hidden amongst a larger shipment of items for commercial use. The box containing the firearm, high-capacity magazines, and ammunition bore a prior shipping label addressed to Payne at a Florida address.
On May 17, 2017, Homeland Security Investigations special agents and other federal special agents conducted a controlled delivery of the firearm, high-capacity magazines, and ammunition. Payne and the owner of the small business arrived at Tropical Shipping to receive the shipment. Payne was arrested after the pallet containing the KEL TEC PLR-16 Semi-automatic Pistol, high capacity magazines, and ammunition were loaded onto the pickup that was being used to transport the pallet from Tropical Shipping.
Payne was previously convicted of three felony offenses: in 2000, for Grand Theft of a Motor Vehicle; in 2001, for Resisting Officer with Violence, and in 2007, for Delivery of Cocaine, all in the Circuit Court for the Ninth Judicial Circuit, In and For Orange County, Florida.
This offense carries a possible sentence of incarceration of up to 10 years, a maximum fine of up to $250,000 dollars, and a term of supervised release of up to 3 years. Sentencing is scheduled for November 22, 2019.
The case was investigated by Customs and Border Protection (CBP), Homeland Security Investigations (HSI), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Drug Enforcement Administration (DEA). Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
South Bend, Indiana Man SentencedRead the Press Release
SOUTH BEND - Dedric Strickland, age 41, of 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, announced U.S. Attorney Kirsch.
Mr. Strickland was sentenced to 60 months imprisonment followed by 2 years of supervised release.
According to documents in this case, in January 2019, a search warrant was executed at a South Bend residence where Mr. Strickland and others were located. During the search, crack cocaine and a loaded handgun were found in the room where Mr. Strickland was staying. A loaded AK-47 rifle with the stock sawed off was located in a room on the first floor of the home. Mr. Strickland admitted to selling crack cocaine out of the residence. Strickland used these firearms to protect the drugs, proceeds of drug sales, and the people at the house where the drug dealing was taking place.
This case is being investigated by the ATF with the assistance of the South Bend Police Department. The case was handled by Assistant U.S. Attorney Joel Gabrielse.
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