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30 August 2019
Former Pharmacist Sentenced for Obtaining Controlled Substances Under False PretensesRead the Press Release
CONCORD - Frank E. Styles, Jr., 62, of Exeter, was sentenced to a term of probation for obtaining controlled substances under false pretenses, United States Attorney Scott W. Murray announced today. As a condition of probation, Styles will never seek to have his pharmacist license reinstated. Additionally Styles will pay restitution to Medicare and Rite Aid pharmacy.
According to court documents and statements made in court, from at least January 25, 2016, through November 29, 2016, while employed as a pharmacist at a pharmacy in Stratham, New Hampshire, Styles altered various records relating to prescriptions he filled in order to obtain controlled substances. During that time period, Styles altered the records associated with approximately 77 prescriptions in this manner, diverting approximately 564 pills containing controlled substances for his own use.
Styles previously pleaded guilty on May 24, 2019.
“Health care professionals who divert drugs jeopardize patient safety,” said U.S. Attorney Murray. “We will not hesitate to bring criminal charges against those who abuse their positions in the health care profession in order to obtain drugs.”
“The reckless action by this former pharmacist was not only a crime but a betrayal of the public trust,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Mr. Styles accountable for his crimes but serves as a warning to those individuals who are fueling the opioid crisis. DEA’s obligation is to improve public safety and public health, and we are committed to working with our law enforcement and regulatory partners to ensure that rules and regulations are followed.”
This matter was investigated by the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
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Former Assistant Director of Real Estate at EDIC Agrees to Plead Guilty to Bribery and Filing a False Tax ReturnRead the Press Release
Boston, MA – John M. Lynch, 66, the former Assistant Director of Real Estate at the Economic Development Industrial Corporation (EDIC), a division of the Boston Planning and Development Agency (BPDA), agreed to plead guilty today to accepting $50,000 in bribes from a Boston real estate developer in exchange for Lynch using his official influence to secure a key Boston Zoning Board of Appeals (ZBA) vote that favored the real estate developer on his federal tax return.
Lynch, a Boston resident, was charged today by information with one count of bribery involving an organization receiving federal funds, and one count of filing a false federal tax return that failed to report his receipt of the bribe payments. According to the terms of a plea agreement also filed today, the government will recommend to the Court a sentence within the range of 46 to 57 months’ imprisonment.
In 2017, the Boston real estate developer sought to sell a parcel of residential real estate in Boston, but needed ZBA approval to extend a permit that would have allowed the property to be sold as a multi-unit development. To get the permit extension, the developer agreed to pay $50,000 in cash bribes and a check to Lynch, in return for Lynch using his influence at the BPDA to secure a vote from a ZBA member. The permit extension helped the real estate developer realize an additional half million dollars in profits that the developer otherwise would not have received absent the permit. After getting the permit extension, Lynch accepted $25,000 in cash payments and another $25,000 check, which Lynch used to pay a personal bill. Lynch then failed to report those and another $10,000 payment he had received from the real estate developer.
Lynch faces a sentence of up to 10 years in prison, three years of supervised release, a fine of up to $250,000, or twice the gross gain or loss resulting from the offense, whichever is greater, and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling, Joseph Bonavolonta, Special Agent in Charge of the FBI Boston Division, and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Dustin Chao of Lelling’s Public Corruption Unit is prosecuting the case.Former Army colonel sentenced to federal prison for Fort Gordon fraud, kickback schemeRead the Press Release
AUGUSTA, Ga: A former active-duty U.S. Army colonel has been sentenced to five years in federal prison for accepting bribes to help steer military contracts to a business fraudulently claiming status as a small business.
Anthony R. Williams, 59, of Vienna, Va., was sentenced today [Aug. 30, 2019] to 60 months in prison by U.S. District Court Senior Judge Dudley H. Bowen after pleading guilty to Conspiracy to Commit Bribery and felony conflict of interest, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
Williams previously agreed to forfeit more than $1.2 million in proceeds derived from the scheme. After completion of his sentence, he will serve three years of supervised release. There is no parole in the federal system.
According to information provided in court documents and proceedings, Williams, while serving as a colonel in the U.S. Army, accepted bribes to steer federal procurement contracts to the CREC Group, a company owned by Calvin Devear Lawyer, 60, a retired U.S. Army colonel. The CREC Group had received Small Business Administration (SBA) status as a small, disadvantaged business based on false representations from Lawyer and from Dwayne Oswald Fulton, 58, then an employee of a defense contractor.
Lawyer previously pled guilty in the case and is serving a 60-month prison sentence, while co-conspirator, Anthony Roper, 57, a former active duty U.S. Army colonel at Fort Gordon, also pled guilty and is serving a 60-month sentence.
The cases were investigated by the United States Army Criminal Investigation Command (CID), the Defense Criminal Investigative Service (DCIS), the Small Business Administration’s (SBA) Office of Inspector General, and the United States Attorney’s Office.
“Williams’ sentence wraps up an investigation that shed light on a cynical and disheartening scheme to steal taxpayer funds intended for our nation’s military,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “These men disgraced their oaths to serve their country, and accordingly are being held accountable for their despicable thefts.”
“Today's sentencing is another clear example that no matter how hard one may try to get away with fraud, you will be caught,” said Frank Robey, director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. “This defendant used the trust placed in him by the government to line his pockets. This sentence is well-deserved.”
“SBA OIG is committed to bringing to justice those engaged in conspiracy to commit fraud against SBA and its programs,” said SBA OIG's Eastern Region Special Agent-in-Charge Kevin Kupperbusch. “Today’s sentencing sends a strong message that those responsible will be held accountable. I want to thank the U.S. Attorney’s office and our law enforcement partners for their support and dedication to pursuing justice in this case.”
"DCIS is committed to fully investigate and bring to justice individuals who corrupt the DoD procurement system," said Special Agent in Charge Cynthia A. Bruce, DCIS Southeast Field Office. "We are pleased with this significant sentence and the message it sends to those who defraud the DoD."
Assistant U.S. Attorney Tara Lyons prosecuted the case on behalf of the United States.
Florida man admits to accessing IRS system and obtaining taxpayer informationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Clinton Jean-Pierre, of Miami, Florida, has admitted to identity theft through use of a computer, United States Attorney Bill Powell announced.
Jean-Pierre, age 28, pled guilty to one count of “Accessing a Computer and Obtaining Information” and one count of “Aggravated Identity Theft.” Jean-Pierre admitted to fraudulently accessing the Internal Revenue Service (IRS) eAuthentication online taxpayer system, which has servers located in Berkeley County, in December 2017. In order to pass IRS security protocols, Jean-Pierre admitted that he fraudulently “ported” an unknowing person’s cellular telephone number to his own phone in order to obtain the security code necessary to create an unauthorized taxpayer account. Once in the IRS eAuthentication system, Jean-Pierre admitted he gained access to a taxpayer’s tax return information which included the taxpayer’s personal identifying information.
Jean-Pierre faces a mandatory two years incarceration for the identity theft count, and up to five additional years incarceration and a fine of up to $250,000 for the accessing a computer count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Treasury Inspector General for Tax Administration Cybercrime Investigations Division investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Florida Drug Distributor Arrested on I-75 with 2.5 Kilos of Meth Sentenced to PrisonRead the Press Release
MACON – A Florida resident was sentenced to 46 months in prison for attempting to distribute 2,593 grams of ice methamphetamine, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Carlos Mendez, 45, of Orlando, Florida, previously pleaded guilty to one count Possession with Intent to Distribute Methamphetamine. U.S. District Judge Tilman E. “Tripp” Self sentenced Mr. Mendez to 46 months imprisonment on Thursday, August 29, 2019, followed by three years supervised release. There is no parole in the federal system.
According to the signed plea agreement, Mr. Mendez was pulled over on I-75 in Dooly County, Georgia for a traffic violation on January 19, 2017. Mr. Mendez did not immediately pull over, but exited the interstate abruptly, and acted nervously, giving conflicting information to the deputy. During a legal search of the vehicle, two hidden compartments were found, containing a total of 2593.9 grams of 99% pure d-methamphetamine hydrochloride.
“The methamphetamine trade is a dangerous business for all involved, and drug traffickers will face prison time in Middle Georgia,” said Charlie Peeler, the U.S. Attorney. “Georgia’s highways are too commonly used to move large amounts of illicit drugs. Our county deputies and state troopers face an especially difficult job keeping our roads safe. I want to thank the Dooly County Sheriff’s Office for their continued hard work protecting our citizens.”
“It is a priority for my office to take drugs off our highways, as most of our crimes are drug-related in some way. Once you take drugs off the roads, you cut down on crime. I want to commend my officers for a job well done, and thank the DEA and the U.S. Attorney’s Office for their work in this case,” said Craig Peavy, the Dooly County Sheriff.
The case was investigated by the Dooly County Sheriff’s Office and the Drug Enforcement Administration (DEA). Assistant U.S. Attorney Charlies Calhoun prosecuted 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.
Federal Jury Finds Kyle Man Guilty of Drug Conspiracy and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that Brendon Janis, age 34, of Kyle, South Dakota, was found guilty of Conspiracy to Distribute 500 grams or more of Methamphetamine and Prohibited Person in Possession of a Firearm, as a result of a federal jury trial in Rapid City, South Dakota. The trial began Monday, August 26 and concluded Thursday, August 29, 2019. Janis was originally indicted by a federal grand jury on May 23, 2017.
The charges carry a mandatory minimum penalty of 10 years in custody up to life in custody and/or a $10,000,000 fine, 5 years up to life of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Janis was a participant in a drug conspiracy that was transporting methamphetamine from California to South Dakota. Once the methamphetamine arrived in South Dakota, Janis distributed it to others in the area of Kyle, on the Pine Ridge Reservation. Janis was himself a drug user. Law enforcement executed a search warrant at his residence on April 10, 2017. They located numerous firearms, 18 grams of methamphetamine, and copious items related to the use and distribution of methamphetamine.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Badlands Safe Trails Task Force, which includes law enforcement from the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Drug Division, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Kathryn N. Rich and Gina Nelson prosecuted the case. Several co-conspirators have pled guilty, and two more await trial.
A presentence investigation was ordered. A sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Federal Jury Convicts Real Estate Executive of Fraudulently Concealing Assets in BankruptcyRead the Press Release
CHICAGO — A federal jury in Chicago has convicted a real estate executive of fraudulently concealing assets in a bankruptcy filing.
In his 2009 bankruptcy petition, BRETT IMMEL, 38, of Des Moines, Iowa, and formerly of Chicago, knowingly and fraudulently concealed income and bank accounts, as well as his interests in businesses and partnerships. The jury returned its verdict Monday in U.S. District Court in Chicago.
Concealment of assets in a bankruptcy case is punishable by up to five years in prison. U.S. District Judge Sharon Johnson Coleman did not immediately set a sentencing date.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. The government is represented by Assistant U.S. Attorneys Elizabeth Pozolo and Erik Hogstrom.
Evidence at trial revealed that prior to the bankruptcy petition Immel was earning thousands of dollars per month as a general partner at the real estate investment company Hanover Services. Most of his income was paid into a personal checking account held in the names of Immel and his wife. In May 2009, Immel incorporated Fourteen Consulting, a new business entity of which he was the sole owner. Over the next several months, Immel began primarily using the new Fourteen Consulting bank account, as well as a Hanover Services account he controlled, to receive most of his income and to pay out nearly all of his personal expenses, including a home mortgage, lease payments on a luxury car, furniture purchases, shopping at high-end clothing stores, child and pet care expenses, and groceries. Meanwhile, the personal checking account that he stopped using held only about $1,000.
On Oct. 2, 2009, Immel and his wife filed a joint Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Northern District of Illinois, seeking to discharge more than $6 million in debts. In required financial disclosures submitted with the petition and signed under penalty of perjury, Immel disclosed only the personal checking account he was no longer using. He omitted the Hanover and Fourteen Consulting bank accounts, which by that point received most of his income and funded most of the family’s personal expenses. Immel also denied having interests in partnerships and failed to disclose the true nature and value of his interests in Hanover Services and Fourteen Consulting.
On Nov. 13, 2009, Immel appeared at a required meeting with the trustee appointed to oversee his bankruptcy case. During the meeting, which was under oath and recorded, Immel falsely swore that the information provided in the petition was true, fair, accurate, and complete. The bankruptcy petition was approved in January 2010 and all of Immel’s debts were discharged. Evidence at trial revealed that both before and after the meeting with the trustee, Immel continued to use the concealed bank accounts and business interests to fund the bulk of his family’s personal expenses.
Fayette County Man Pleads Guilty to Firearm Possession While Fleeing from PoliceRead the Press Release
LEXINGTON, Ky. – On August 30, 2019, Marcellis Means, 23, of Lexington, Kentucky, plead guilty to one count of being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g) before U.S. Chief Judge Danny C. Reeves.
As part of his plea, Means admitted that on July 10, 2019, he was unlawfully in possession of a firearm after previously being convicted of a felony offense. On that date, a Lexington Police Officer made contact with Means and another occupant of a parked vehicle when Means exited the vehicle and began to flee from the officer. As part of his plea agreement, Means admitted that while fleeing, he attempted to get rid of the firearm which was eventually recovered by police. The firearm was loaded with one round of ammunition chambered.
The investigation was conducted by the Lexington Police Department in conjunction with the Kentucky State Police and agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Stuart L. Lowery, Special Agent in Charge, ATF, Louisville Field Division, Lawrence Weathers, Chief of Police, Lexington Police Department, and Richard W. Sanders, Commissioner, Kentucky State Police, jointly made the announcement.
Means is scheduled to be sentenced on December 20, 2019. He faces up to 10 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after consideration of the United States Sentencing Guidelines and applicable federal statutes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Eagle Butte Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 26, 2019, by U.S. District Judge Roberto A. Lange.
Michael Heideman, age 44, was sentenced to 16 years in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Heideman was indicted by a federal grand jury on November 14, 2017. He pled guilty on May 29, 2019.
The conviction stems from a conspiracy that started immediately following Heideman’s release from state prison, following a drug conviction in March of 2017. It was discovered that Heideman and his co-defendant, Sierra Bridwell, were receiving distributable quantities of methamphetamine from Colorado and distributing that methamphetamine in South Dakota, on the Cheyenne River Indian Reservation.
As part of the investigation a search warrant was conducted at the defendant’s home, in which 384 grams of methamphetamine was recovered.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Heideman was immediately turned over to the custody of the U.S. Marshals Service.
Drug Enforcement Administration Special Agent Convicted of Perjury, Obstruction of Justice, and Falsification of Government RecordsRead the Press Release
WASHINGTON - A U.S. Drug Enforcement Administration (DEA) special agent was convicted on August 27, 2019 by a federal jury in New Orleans, Louisiana of perjury, obstruction of justice and falsifying government records.
After a seven-day trial, Chad A. Scott, 51, of Covington, Louisiana, was found guilty of two counts of perjury, three counts of obstruction of justice and two counts of falsifying government records. U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana, who presided over the trial, has scheduled sentencing for Dec. 4, 2019.
According to the evidence presented during the seven-day trial, Scott, while a DEA special agent in New Orleans, committed these crimes in and around the New Orleans, Louisiana, and Houston, Texas, areas. Specifically, the evidence showed that Scott directed a Houston-based drug trafficker to buy a Ford F-150 truck worth approximately $43,000 and forfeit the truck to Scott as part of the drug trafficker’s cooperation. Scott then falsified the seizure paperwork for the truck in various aspects, including falsely claiming that he had seized the truck in New Orleans instead of Houston, in order to facilitate the vehicle being forfeited and given to Scott as his official government vehicle.
“Chad Scott violated his sworn commitment to serve the public and uphold justice, dishonoring the special trust that we place in each of our federal law enforcement agents,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s conviction sends a clear message to the public that malfeasance by federal law enforcement officers will not be tolerated.”
“The conviction of Chad Scott reinforces the message that no one is above law,” said FBI Assistant Special Agent in Charge Riedlinger. “Scott’s actions were selfish and placed an unnecessary stain on an otherwise stellar agency. We commend our partners at the DEA for their unprecedented level of cooperation throughout this investigation.”
“The criminal justice system relies on law enforcement agents to act with integrity and honesty. By soliciting bribes and compromising cases, Scott undermined the values he swore to uphold as a federal agent,” said Special Agent in Charge Robert A. Bourbon of the Justice Department’s Office of the Inspector General (DOJ-OIG). “The Office of the Inspector General will continue to be vigilant that corrupt law enforcement agents are held accountable.”
“At its core, DEA is a law enforcement agency committed to faithful and effective service to our country and its citizens, as well as uncompromising personal and institutional integrity,” said DEA Chief Inspector Brian McKnight. “Throughout the course of this investigation and its ultimate trial, DEA was appreciative of the professionalism and support that we received from our law enforcement partners.”
Additionally, the evidence showed that Scott convinced the same Houston-based drug trafficker, as well as another drug trafficker in Houston, to testify falsely at a federal trial in New Orleans as to the identification of a major cocaine and heroin supplier in the Houston area. Along with obstructing justice by inducing this false testimony, Scott then himself committed perjury during a motion session as well as during the federal trial, the evidence showed. After a trial including this false testimony, the alleged supplier was found guilty. Once Scott’s actions and the false testimony came to light, the case against the alleged supplier was dismissed by the court at the request of the United States.
Scott has been indefinitely suspended as a DEA special agent.
Two other former Tangipahoa Parish, Louisiana Sheriff’s Office deputies who were serving as DEA task force officers in New Orleans have pleaded guilty in this investigation. Karl Emmett Newman, 52, of Kentwood, Louisiana, pleaded guilty to unlawfully carrying a firearm in furtherance of an August 2015 robbery, which was disguised as the execution of a search warrant, as well as misappropriating money confiscated by the DEA during another search. Johnny Domingue, 30, of Maurepas, Louisiana, pleaded guilty to possession of cocaine and misappropriating money confiscated by the DEA.
Scott is additionally charged, along with Rodney Gemar, 43, of Ponchatoula, Louisiana, a former Hammond, Louisiana police officer and DEA task force officer, with various counts, including unlawful conversion of property by a government officer or employee and removing property to prevent seizure. Trial on those charges is set for October 2019. Those charges are only allegations and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was initially investigated by the Louisiana State Police and later investigated by the FBI’s New Orleans Field Division, DEA-OPR and DOJ-OIG. Acting Deputy Chief Charles Miracle of the Criminal Division’s Narcotic and Dangerous Drug Section and Trial Attorney Timothy Duree of the Criminal Division’s Fraud Section are prosecuting the case.
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District Court Orders Texas Company to Stop Selling Adulterated FoodRead the Press Release
A federal court permanently enjoined a Houston, Texas, company from processing and distributing adulterated seafood products in violation of federal law, the Department of Justice announced today.
The entered consent decree of permanent injunction follows an August 2019 complaint filed by the Department for the U.S. Food and Drug Administration (FDA) in the U.S. District Court for the Southern District of Texas. The complaint alleged that Topway Enterprises, doing business as Kazy’s Gourmet, and the principals of the business, Jeff Liao, Ying Chen, and Adwin Liao, sold ready-to-eat fish and fishery products in a facility with serious insanitary conditions. Specifically, the complaint alleged that FDA inspections found that the defendants failed to adequately control the growth of Listeria monocytogenes (L. mono) at their facility.
The defendants agreed to settle the litigation by the entered consent decree of permanent injunction. As part of the settlement, the defendants must comply with specific remedial measures set forth in the injunction. In addition, the settlement provides safeguards to ensure that future processing of ready-to-eat raw fish at the defendants’ facility comports with the requirements of the law. The filing of the complaint and agreed settlement follows FDA’s decision in July 2019 to exercise its authority under federal law to suspend the defendants’ food facility registration. The complaint alleges that, since the suspension, the defendants have taken positive steps to correct the problems at their facility.
“The Department of Justice is committed to enforcing laws designed to ensure that the food we put on our tables is safe,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to work with the FDA to take steps necessary to protect the public from potentially unsafe food.”
“One of our many important enforcement priorities is to help ensure food is safe,” said U.S. Attorney Ryan K. Patrick. “This action will help ensure compliance with federal law and FDA rules and regulations. I’m glad we were able to reach this resolution.”
“After documenting food safety violations at the Topway facility, the FDA took action to suspend Topway’s food facility registration, which prohibits the company from selling or distributing food from the facility into commerce,” said FDA Deputy Commissioner for Food Policy and Response Frank Yiannas. “We are happy the company is taking steps to correct the severe problems at their facility and the FDA continues to work with the company as it brings its facility into compliance.”
This matter was handled by Trial Attorney Joshua D. Rothman of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Andrew A. Bobb of the U.S. Attorney’s Office for the Southern District of Texas and Senior Counsel Barbara Alkalay of the Food and Drug Administration’s Office of the Chief Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Texas, visit its website at https://www.justice.gov/usao-sdtx.
District Court Ordered Texas Company to Stop Selling Adulterated FoodRead the Press Release
HOUSTON - A federal court permanently enjoined a Houston company from processing and distributing adulterated seafood products in violation of federal law, the Department of Justice announced today.
The entered consent decree of permanent injunction follows an August 2019 complaint the Food and Drug Administration filed. The complaint alleged Topway Enterprises, doing business as Kazy’s Gourmet, and the principals of the business - Jeff Liao, Ying Chen and Adwin Liao - sold ready-to-eat fish and fishery products in a facility with serious insanitary conditions. Specifically, the complaint alleged FDA inspections found the defendants failed to adequately control the growth of Listeria monocytogenes at their facility.
The defendants agreed to settle the litigation by the entered consent decree of permanent injunction. As part of the settlement, they must comply with specific remedial measures set forth in the injunction. In addition, the settlement provides safeguards to ensure future processing of ready-to-eat raw fish at their facility comports with the requirements of the law. The filing of the complaint and agreed settlement follows FDA’s decision in July 2019 to exercise its authority under federal law to suspend the defendants’ food facility registration. The complaint alleges that, since the suspension, the defendants have taken positive steps to correct the problems at their facility.
“The Department of Justice is committed to enforcing laws designed to ensure that the food we put on our tables is safe,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to work with the FDA to take steps necessary to protect the public from potentially unsafe food.”
“One of our many important enforcement priorities is to help ensure food is safe,” said U.S. Attorney Ryan K. Patrick. “This action will help ensure compliance with federal law and FDA rules and regulations. I’m glad we were able to reach this resolution.”
“After documenting food safety violations at the Topway facility, the FDA took action to suspend Topway’s food facility registration, which prohibits the company from selling or distributing food from the facility into commerce,” said FDA Deputy Commissioner for Food Policy and Response Frank Yiannas. “We are happy the company is taking steps to correct the severe problems at their facility and the FDA continues to work with the company as it brings its facility into compliance.”
Trial Attorney Joshua D. Rothman of the Civil Division’s Consumer Protection Branch handled the matter with the assistance of Assistant U.S. Attorney Andrew A. Bobb of the U.S. Attorney’s Office for the Southern District and Senior Counsel Barbara Alkalay of the FDA’s Office of the Chief Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Texas, visit its website at https://www.justice.gov/usao-sdtx.
Convicted Felon Charged in Federal Court with Illegally Possessing More Than 50 Firearms in Chicago HomeRead the Press Release
CHICAGO — A federal grand jury has indicted a convicted felon for allegedly illegally possessing more than 50 shotguns, rifles and handguns in his Chicago home.
HENRY REYES, 52, is charged with illegal possession of a firearm by a convicted felon. Reyes illegally possessed 30 handguns, 15 rifles, and seven shotguns on Aug. 15, 2019, according to an indictment returned Thursday in U.S. District Court in Chicago. Law enforcement discovered the firearms during a court-authorized search of Reyes’s residence in the Lawndale neighborhood of Chicago, according to a criminal complaint and affidavit previously filed in the case. Reyes was previously convicted of murder in the Circuit Court of Cook County and he was not lawfully allowed to possess a firearm, the charges allege.
Reyes was arrested on the day of the search, and he remains detained in law enforcement custody. Arraignment in U.S. District Court in Chicago has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Eddie Johnson, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Edward A. Liva, Jr., and Special Assistant U.S. Attorney Patricia Pantoja.
Holding convicted felons accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Illegal possession of a firearm by a convicted felon is punishable by up to ten years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Child and Youth Program Assistant Sentenced to Prison for Abusive Sexual Contact with a MinorRead the Press Release
WASHINGTON – A North Carolina man was sentenced today to two years in prison, to be followed by five years of supervised release, for abusive sexual contact with a minor, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Brian T. Moran of the Western District of Washington announced.
Joseph Robertson, 38, of Sanford, North Carolina, pleaded guilty on June 6, to one count of abusive sexual contact before U.S. District Court Judge Ronald B. Leighton of the Western District of Washington, who sentenced him earlier today.
According to facts admitted by the defendant during his guilty plea, Robertson was employed by the Department of Defense as a child and youth program assistant at Ramstein Air Force Base in Germany. During the summer of 2016, while accompanying children from the Ramstein youth center to a swimming pool in a nearby town, Robertson engaged in abusive sexual contact with a minor who was 13-14 years old on multiple occasions, including touching the minors genitals over the minor’s clothing.
The investigation of the case was conducted by U.S. Air Force Office of Special Investigations and the FBI, led by Seattle Division’s Tacoma Resident Agency Child Exploitation Task Force.
This case is being prosecuted by Trial Attorney Kaylynn Foulon of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Grady Leupold of the U.S. Attorney’s Office in the Western District of Washington.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Child and Youth Program Assistant Sentenced to Prison for Abusive Sexual Contact with a MinorRead the Press Release
A North Carolina man was sentenced today to two years in prison, to be followed by five years of supervised release, for abusive sexual contact with a minor, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Brian T. Moran of the Western District of Washington announced.
Joseph Robertson, 38, of Sanford, North Carolina, pleaded guilty on June 6, to one count of abusive sexual contact before U.S. District Court Judge Ronald B. Leighton of the Western District of Washington, who sentenced him earlier today.
According to facts admitted by the defendant during his guilty plea, Robertson was employed by the Department of Defense as a child and youth program assistant at Ramstein Air Force Base in Germany. During the summer of 2016, while accompanying children from the Ramstein youth center to a swimming pool in a nearby town, Robertson engaged in abusive sexual contact with a minor who was 13-14 years old on multiple occasions, including touching the minor's genitals over the minor’s clothing.
The investigation of the case was conducted by U.S. Air Force Office of Special Investigations and the FBI, led by Seattle Division’s Tacoma Resident Agency Child Exploitation Task Force.
This case is being prosecuted by Trial Attorney Kaylynn Foulon of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Grady Leupold of the U.S. Attorney’s Office in the Western District of Washington.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Chico Man Convicted of Sex Trafficking of a Minor and Distribution of MethamphetamineRead the Press Release
SACRAMENTO, Calif. — On Thursday, after a seven-day trial, a federal jury found Christopher Ramonaguilar Lawrence, 24, of Chico, guilty of one count of sex trafficking of a child and one count of distribution of methamphetamine to a person under 21, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence presented at trial, in July and August 2017, Lawrence recruited a then 17-year-old girl to engage in prostitution for his financial benefit. Lawrence used social media to communicate with the victim, and on two occasions, he lured the victim to Chico motel rooms where he gave the victim methamphetamine, explained the methods of his prostitution business, including how to detect and evade law enforcement, and continued to recruit the victim to work for him as a prostitute.
“Sex traffickers prey upon the vulnerabilities of their young victims, luring them into a cycle of physical and psychological abuse and addiction that is often difficult to escape,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “The FBI is committed to identifying and apprehending individuals who sexually exploit others for financial gain. We seek to provide victims with an opportunity to escape the violent existence they have endured and ensure their exploiters face justice.”
This case is the product of an investigation by the Federal Bureau of Investigation, the Chico Police Department, and the Butte County Sheriff’s Office. Assistant U.S. Attorneys Brian A. Fogerty and Quinn Hochhalter are prosecuting the case.
Lawrence faces a mandatory minimum term of 10 years in prison, a maximum statutory penalty of life in prison, and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Caledonia Man Sentenced to Prison for Embezzling Union FundsRead the Press Release
OXFORD, Miss. – A Caledonia man was sentenced to almost four years in prison on Thursday for embezzling union funds. Danny Woodcock, age 66, was sentenced by Chief U.S. District Judge Sharion Aycock following his guilty plea to Embezzlement of Union Funds in violation of Title 29, United States Code, Section 501(c). Judge Aycock sentenced Woodcock to serve 46 months imprisonment followed by 3 years of supervised release and ordered Woodcock to pay $519,963.04 in restitution to Communication Workers of America - 83770.
Woodcock served as the president of the CWA Local 83770 for approximately 15 years until his removal in October 2016. CWA Local 83770 has approximately 300 to 400 members who are employed primarily as aircraft mechanics, structural specialists and other maintenance personnel with L3 Vertex Aerospace, LLC, a contractor operating on the Columbus Air Force Base in Columbus, Mississippi. Woodcock used his position as president to embezzle and convert to his own use the funds of CWA Local 83770, often times transferring or depositing union funds directly into his personal bank account for his own personal use.
Chad Lamar, U.S. Attorney for the Northern District of Mississippi, acknowledged the importance of this case and the sentence imposed after Thursday afternoon’s hearing. “This case is a sad example of honest workers being defrauded by someone whom they trusted to speak for them and represent their best interests. The U.S. Attorney’s Office will work to help ensure that we hold accountable those individuals who would cheat and betray the very people they have been entrusted to represent.”
This case was investigated by the Department of Labor – Office of Labor Management Standards and prosecuted by AUSA Clay Dabbs.
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Buffalo Man Arrested on Cocaine and Butyryl Fentanyl ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced that Sterling McMillan, 48, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute and distribution of cocaine and butyryl fentanyl. The charges carry a maximum term of 20 years imprisonment and a $1,000,000 fine.
Assistant U.S. Attorney Misha Coulson, who is handling the case, stated that on August 8, 2019, a search warrant was executed at McMillan’s residence on Erb Street. During the execution of that warrant, cocaine and butyryl fentanyl as well as various narcotics packaging materials were located.
The defendant made an initial appearance before United States Magistrate Judge Michael J. Roemer, and was released on conditions.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Authorities Target Meth Traffickers in Coastal BendRead the Press Release
CORPUS CHRISTI, Texas - A large number of arrests have been made as part of a coordinated effort by federal, state and local law enforcement dubbed as “Operation Coastal Bender,” announced U.S. Attorney Ryan K. Patrick.
A total of 16 Coastal Bend residents from Nueces, Bee, San Patricio, Live Oak and Jim Wells Counties are now in custody for violations of various federal and state firearm and narcotics violations. Each defendant has been charged in separate and unrelated criminal complaints or indictments. Three others remain fugitives and warrants remain outstanding for their arrests. Those are Michael McDaniel, 44, of Three Rivers; Luis Vela, 19, of Alice; and Michael Alegria Jr., 18, of Victoria. Anyone with information about their whereabouts is asked to contact Immigration and Customs Enforcement’s Homeland Security Investigations at 1-866-347-2423.
“Operation Coastal Bender” is a coordinated effort by federal, state and local law enforcement to identify drug traffickers and violent offenders, stop gun violence and protect the community.
Over the course of this week, federal agents, in coordination with many local and state agencies, were able to execute more than 70 federal and state arrest warrants for individuals relating to charges of trafficking in methamphetamine and gun allegations.
During the course of this operation, authorities also served three search warrants resulting in the seizure of more than three ounces of methamphetamine and several grams of cocaine, marijuana and Xanax as well as three firearms, ammunition and other items related to the sale and distribution of narcotics. Law enforcement arrested a total of 32 individuals as a result of this coordinated effort between HSI and other federal and local agencies.
“HSI is committed to working with our federal, state and local law enforcement partners to rid our neighborhoods of the dangerous narcotics and the illegal possession of firearms that harm the citizens of our community,” said HSI Assistant Special Agent in Charge Brad Scott of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). “Law enforcement in our region are dedicated to join forces as one to clean our streets of these dangerous behaviors.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) worked side by side with HSI, Texas Department of Public Safety (DPS) as well as state and local police departments to apprehend dozens of violent criminals,” said ATF Special Agent in Charge Fred Milanowski. “This coordinated effort will make a large impact on violent crime.”
“The Beeville Police Department (BPD) participated in the operation in conjunction with other law enforcement agencies in South Texas,” said Beeville Police Chief Robert J. Bridge. “The combined efforts of all agencies provided crucial manpower assistance to seek and locate individuals involved in criminal activities.”
“Our office in Sandia would very much like to thank federal, state and local authorities from neighboring counties for their help and involvement in arresting subjects and investigations for narcotics dealing in our area,” said Jim Wells County Constable Pct.3 Jim Long, “Drugs have become a tremendous part of our investigations and agencies coming together helps us all. We will surely make this a continued event!”
The federal felon in possession of firearms charge carries up to 10 years in prison and a possible $250,000 maximum fine. Each federal charge involving a controlled substance carries a minimum penalty of not less than five but potentially up to life in prison and fines up to $1 million. Using a firearm in furtherance of a drug trafficking crime carries an additional five-year-term of imprisonment which must be served consecutively to any other prison term imposed.
Participating agencies included HSI; ATF; Drug Enforcement Administration, U.S. Marshals Service; DPS; sheriff’s offices in the counties of Live Oak, San Patricio and Nueces; Jim Wells County Constable’s Office; police departments in George West, Alice and Beeville; and Customs and Border Protection Air and Marine unit.
Assistant U.S. Attorneys from the Corpus Christi Division are prosecuting the respective cases.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Attorney General's Advisory Subcommittee on Native American Issues Convenes in New MexicoRead the Press Release
LAS VEGAS, Nev. – Nevada United States Attorney Nicholas Trutanich met this week with fellow members of the Attorney General’s Advisory Subcommittee on Native American Issues (NAIS) in Santa Ana Pueblo, New Mexico, in order to discuss public safety and law enforcement issues that impact Native American and Alaska Native communities.
During the three-day annual meeting, the NAIS engaged with tribal leaders and developed strategies and best practices to address missing and murdered indigenous people, drug trafficking, needed law enforcement resources, and safeguarding children from sexual abuse in Indian country.
The most common crimes investigated in Indian country include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes. According to a 2016 study funded by the National Institute of Justice, more than 80 percent of American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. Native women and girls suffer a high rate of violence, including murder.
“United States Attorneys nationwide are committed to improving public safety in Indian country and rural Alaska. The work of Attorney General Barr’s Native American Issues Subcommittee is focused on reducing violent crime, improving law enforcement resources, and combating the distribution of methamphetamine and opioids,” said US Attorney Shores, Chair of the NAIS. “The disproportionate rates of violence affecting Native American and Alaska Native women is particularly troubling to me. With Attorney General Barr’s leadership, we will continue working with tribal leaders to find solutions to the epidemic of violence against indigenous women.”
“The U.S. Attorney’s Office reaffirms its commitment to working with tribal, local, state, and federal law enforcement agencies to improve the safety and security of Native American communities,” said U.S. Attorney Trutanich. “Prosecutors are working every day to bring violent offenders to justice and to reduce and prevent crime. In addition, through the Department of Justice’s grant programs, we are helping communities become safer and providing victims with a full range of services and support.”
Panel discussions focused on the Indian Arts and Crafts Act and preserving Native American cultural patrimony. The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
U.S. Attorney John Anderson of the District of New Mexico hosted the three-day conference.
The NAIS consists of 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes and makes policy recommendations to the Attorney General. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime. It is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. U.S. Attorney Trent Shores of the Northern District of Oklahoma is the subcommittee Chair. U.S. Attorney Kurt Alme of the District of Montana is the Vice Chair.
In fiscal year 2018, the Department of Justice awarded $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs, to 134 Indian tribes and Alaska Native villages. In addition, the Department awarded a total of 154 grants totaling $88 million as part of the first-ever Tribal Victim Service Set-Aside program; these awards were supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The awards will help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Even more funding will be available – up to $168 million – under the set-aside this year.
In July 2019, the Department announced a new tool giving tribal governments the ability to input data directly and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). TTSORS is a fully functioning registry system that complies with Sex Offender Registration and Notification Act requirements. The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems. TAP has been instrumental in assisting tribes with ongoing implementation of SORNA. In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of more than 70 participating tribes across the country.
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Armed Gunman with Lengthy Criminal History Sent to Federal Prison for Illegal Possession of a GunRead the Press Release
A felon who unlawfully possessed a firearm was sentenced on August 30, 2019 to more than 7 years in federal prison.
Thomas Tuttle, age 34, from Watertown, South Dakota, received the prison term after a March 27, 2019, guilty plea to possession of a firearm by a prohibited person.
Information provided by the United States at the sentencing, change of plea, and detention hearings revealed that on November 2, 2018, Tuttle walked into a convenience store in Sheldon, Iowa carrying a loaded 9 mm, Kel-Tec, Carbine, which contained 30 rounds of ammunition, and stole a pack of cigarettes, frightening customers and employees alike in the process. Tuttle, in fact, possessed and brandished the gun in connection with other felony offenses and contemporaneously with his possession of methamphetamine.
Tuttle was arrested from inside his car by a law enforcement tactical team. He had ingested a large amount of illegal drugs, and had the loaded gun in close proximity. He later commented that he had come to Iowa with “bad intentions” and had he not been sleeping when the tactical team approached him “things would have gone differently” during his arrest.
It was also revealed that Tuttle has a history of dangerousness and violence. He has been convicted four times for Driving Under the Influence, three times for assaultive conduct, and repeatedly for controlled substance violations and other offenses.
Tuttle was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Tuttle was sentenced to 90 months’ imprisonment. He was ordered to make $8.00 in restitution (for the packet of cigarettes). He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Tuttle is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sheldon, Iowa, Police Department, which was assisted by the O’Brien County Attorney’s Office and Sherriff’s Office and other nearby agency and departments. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4008.
Follow us on Twitter @USAO_NDIA.
Armed Career Criminal Sentenced to 10 Years on Firearm ChargeRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore has sentenced Marco Glover (40, Gainesville) to 10 years in federal prison for possessing a firearm as a convicted felon. Glover had pleaded guilty on May 21, 2019.
According to court records, on February 22, 2019, Glover and his co-defendant, Harry Covert, Jr., sold three firearms to an undercover ATF agent. On March 1, 2019, Glover sold four ounces of methamphetamine to the same undercover agent. Glover’s extensive criminal record—which includes prior state convictions for sale of cocaine and a federal conviction for conspiracy to distribute cocaine—qualified him as an Armed Career Criminal for federal sentencing purposes.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
29 August 2019
Worcester Man Indicted on Tax and Fraud ChargesRead the Press Release
BOSTON – A Worcester man was indicted today on federal tax and fraud charges arising from his role overseeing various Worcester-based employment agencies.
Tam Vuong, 44, was charged with 14 counts of wire fraud and four counts of failing to pay taxes. Vuong had previously been charged by criminal complaint and arrested in April 2019, and has been released since that time. He will appear in U.S. District Court in Worcester for an arraignment.
According to court documents, Vuong oversaw Prime Labor LLC and UT Services, Inc., both of which were employment agencies based in Worcester. Each agency paid a few employees by check but paid most employees in cash. Each agency failed to report or pay taxes on the wages paid in cash, which Vuong fraudulently concealed in connection with tax filings and insurance audits. Vuong allegedly concealed millions of dollars in cash wages that were paid to Prime Labor workers and additional cash wages paid by UT Services. Between 2012 and 2017, more than $30 million in Prime client company checks were cashed at a check-cashing business in Worcester; Prime allegedly paid millions of these dollars in cash wages and then failed to report these wages to the IRS or to its insurer.
In addition, while in his role overseeing and controlling UT Services, it is alleged that Vuong falsely told UT Services’ insurance carrier that the company had only one employee and an annual payroll of only $50,000, when, in actuality, UT Services had dozens of employees and a significantly higher payroll. UT Services disseminated forged certificates of insurance to several clients and failed to inform clients when its workers’ compensation policy was cancelled.
It is further alleged that Vuong shifted operations from Prime Labor Services to UT Services after federal search warrants were executed in November 2017. Vuong allegedly took steps to hide his role with both Prime and UT Services.On the wire fraud charges, Vuong faces up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 on each count. On the tax charges, he faces up to five years in prison, up to three years of supervised release and a fine of up to $10,000 on each count. 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; Joseph Bonavolonta, Special Agent in Charge of the FBI Boston Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division is prosecuting the case.The details contained in the complaint and indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Wilmington Gang Member Receives More than 12 Years in Federal PrisonRead the Press Release
WILMINGTON — United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced JOSHUA WRIGHT, 25, of New Hanover County to 151 months’ imprisonment, followed by 2 years of supervised release. On April 8, 2019, WRIGHT pled guilty to distribution of a quantity of heroin.
On May 2, 2018, the Wilmington Police Department (WPD) conducted a controlled purchase of heroin from WRIGHT in the parking lot of the Indochine Restaurant. WRIGHT was wearing a GPS ankle monitor at the time of this sale because he was on post–supervision release from prison for a prior drug conviction. According to law enforcement, WRIGHT is a validated gang member.
This case is part of a joint Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and WPD operation led by the United States Attorney’s Office’s Organized Crime Drug Enforcement Task Force (OCDETF), which focused on gang related heroin distribution in Eastern North Carolina. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations. This investigation is focused on gang related heroin distribution and the violence associated with this gang in Eastern North Carolina.
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 and the Wilmington Police Department Gang Unit. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Williamsville Man Who Teaches at Buffalo High School Arrested with Drugs, Guns and ExplosivesRead 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 Masecchia, 53, of Williamsville, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, marijuana, maintaining a drug-involved premises, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that according to the complaint, on August 23, 2019, investigators from Homeland Security Investigations, the Federal Bureau of Investigation, the Erie County Sheriff's Office, and the Niagara County Sheriff's Office, executed a search warrant at the defendant’s residence on Main Street in Williamsville.
During the search of the residence, investigators seized:
• Two rifles, five shotguns, and a pistol; • Various ammunition for the firearms; • Seven homemade explosives; • Three Mason jars containing marijuana; • Various steroids in liquid and tablet form; • Hypodermic needles; • THC edibles; • Cannabis syrup; • Two grams of a white powder suspected to be cocaine; • Tylenol with Codeine tablets; • Suspected hashish; • A digital scale; • A suspected marijuana cigarette; • Numerous plastic bags and small bottles containing marijuana; and
• Four cell phones.Investigators also recovered $27,950.00 in U.S. currency, which was discovered hidden in clothing and rubber banded in two bundles. A narcotics detection canine later alerted for the odor of a controlled substance on the currency.
According to Erie County Sheriff's records, one of the shotguns was reported stolen on September 23, 2015.
Investigators also discovered marijuana and a marijuana smoking pipe inside a vehicle registered to the defendant.
The complaint further states that, based on information developed during this investigation, Masecchia has been involved in the growing and distribution of significant quantities of marijuana for at least the past 20 years.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff's Office, under the direction of Sheriff Timothy Howard; the Niagara County Sheriff's Office, under the direction of Sheriff James Voutour; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. Devito.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Wilkinsburg Felon Sentenced to Prison for Unlawfully Possessing a FirearmRead the Press Release
PITTSBURGH, PA - A resident of Wilkinsburg, Pennsylvania, has been sentenced in federal court to three years and two months (38 months) in prison and three years’ supervised release on his conviction of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Mitchell Thompson, 21.
According to information presented to the court, on August 30, 2018, law enforcement officials were performing a saturation patrol detail in Wilkinsburg in response to a recent homicide and several shootings. Upon seeing an unmarked police vehicle, Thompson threw a loaded Glock 9 millimeter pistol onto the sidewalk near a row of bushes. Thompson was arrested and it was later determined that the firearm had been reported stolen. The court was further informed that Thompson was previously convicted of crimes punishable by more than one year in prison, including one conviction for a firearms violation and one conviction for possession with intent to deliver a controlled substance and conspiracy to deliver a controlled substance. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from lawfully possessing a firearm or ammunition..
Assistant United States Attorney Christy C. Wiegand prosecuted this case on behalf of the government.
The Federal Bureau of Investigation, along with the Bureau and Alcohol, Tobacco, Firearms and Explosives and the Wilkinsburg Police Department, conducted the investigation leading to the successful prosecution of Thompson.
The case was brought as part of Project Safe Neighborhoods. 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.
U.S. Attorney’s Office Reaches Settlement with Roberts Riverwalk Hotel in Detroit to Improve Access for People with DisabilitiesRead the Press Release
The United States Attorney’s Office for the Eastern District of Michigan has reached a settlement agreement with Roberts Hotels Detroit, LLC, owner of the Roberts Riverwalk Hotel in Detroit, Michigan under the Americans with Disabilities Act (ADA), United States Attorney for the Eastern District of Michigan Matthew Schneider announced today. The agreement resolves the U.S. Attorney’s Office’s investigation into a complaint alleging that the hotel was not accessible to individuals who have mobility impairments. Title III of the ADA prohibits businesses who serve the public from discriminating against individuals who have disabilities. The failure to design, construct, or alter facilities in compliance with applicable standards is a form of discrimination under the ADA.
Roberts Hotels Detroit, LLC agreed to make extensive changes to the hotel’s interior and exterior that will improve accessibility for people who have disabilities, including modifications to several guest rooms as well as the hotel’s parking areas. The Roberts Riverwalk Hotel is located at 1000 River Place Drive in the City of Detroit.
“We are thankful to the Roberts Riverwalk Hotel for their willingness to cooperate in our investigation and bring their hotel into legal compliance for people who have disabilities,” United States Attorney Matthew Schneider said. “The Roberts Riverwalk Hotel is part of the revitalization of Detroit, and under this settlement, people with disabilities can continue to share in the City’s revitalization.”
More information about the ADA is available at the Justice Department’s toll free ADA Information line at (800) 514 0301 or (800) 514 0383 (TTY) and on the ADA website at www.ada.gov. ADA complaints may be emailed to [email protected] or by contacting the U.S. Attorney's Office’s civil rights hotline at (313) 226 9151.
U.S. Attorney's Office Partners with Meals on Wheels in Wake County to Roll-Out Phase III of the Department of Justice's Elder Justice InitiativeRead the Press Release
The U.S. Attorney’s Office for the Eastern District of North Carolina continues to promote the Department of Justice’s (DOJ) Elder Justice Initiative (EJI) throughout the Wake County area. On August 29, 2019, the Eastern District partnered with Meals on Wheels in Wake County to conduct Phase III of its outreach to approximately 1,300 seniors in the area to raise awareness about DOJ’s Elder Justice Initiative and provide facts about financial scams and how seniors can protect themselves from falling victim.
Below are some facts shared with the community about financial scams:
- Fraud Victimization
- Over 13% of older Americans become victims of financial fraud every year
- Of those who are subject to a fraud attempt, 25% will become a fraud victim
- Oder adults lose more than $3 billion annually to financial scams
- Examples of fraud & scams
- Overcharging for products or services
- Lottery and sweepstakes fraud
- Pretend romantic attention towards an older adult
- Scammers posing as government employees telling you to pay a fee
- Someone posing to be from the information technology field offers to fix a non-existent problem with your computer
- Fraud victims have been approached:
- While in the grocery store
- By knocking at the door
- Through the phone
- Through the internet
- Through the mail
- It’s Your Right
- If someone approaches you in any of these ways, you do not have to respond
- It’s ok to hang up the phone
- It’s ok to not answer the door
- It’s ok to not open an email or a piece of mail
- It’s ok to say, “No, thank you” to someone who approaches you
The mission of the Elder Justice Initiative is to support and coordinate DOJ’s enforcement and programmatic efforts to prevent and combat elder abuse, neglect, financial exploitation and scams that target our nation’s seniors by promoting justice for older adults; helping older victims and their families; enhancing state and local efforts through training and resources; and supporting research to improve elder abuse policy and practice.
For more information about DOJ’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at https://www.justice.gov/elderjustice. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. You can also contact the Victim Connect Hotline between 9am-6pm, Monday through Friday, at: 1- 855-4VICTIM (1-855-4842846), or contact the Elder Justice Coordinator at the U.S. Attorney’s Office for the Eastern District of North Carolina at (919) 856-4530.
- Fraud Victimization
U.S. Attorney Justin Herdman's comments on recent Ohio cases involving political violenceRead the Press Release
Remarks as prepared announcing federal criminal charges against James Reardon:
Good morning. Thank you for coming today and thank you to all of the local police chiefs who are here. Special thanks to Chief D’Egidio who drove here from New Middletown.
We are here to announce the unsealing of a federal complaint against James Reardon, age 20, of New Middletown, Ohio. He is charged with one count of making threats using a facility of interstate commerce.
Federal rules give us a few weeks before seeking an indictment in the Grand Jury and we will continue to use that time to further our investigation of Mr. Reardon’s conduct and to determine if others were involved. In just a moment, Special Agent Eric Smith of the FBI will detail the facts uncovered in our investigation thus far.
I want to start by thanking the community. This case is the result of a concerned citizen who took the time to point out Mr. Reardon’s social media activity to a New Middletown Police Officer. This case is just one of several over the past few weeks that are the product of our friends and neighbors seeing something, and then saying something.
For example, a few weeks ago, Timothy Ireland was indicted on firearms and threat charges after a private citizen alerted law enforcement. And at the beginning of this month, Vincent Armstrong pleaded guilty to charges related to a planning an attack on a bar in Toledo. That case started with a tip from a concerned citizen to Toledo police. There are several more examples and they illustrate the fact that these type of cases rely on very two important people – a concerned citizen and a responsive law enforcement officer. Fortunately, we have both of those in abundance in northern Ohio.
I want to thank the men and women who make up our police departments, and some of their leadership are here today. As I said, tips only matter if police officers take them seriously and investigate them thoroughly. The presence of our local law enforcement highlights the message that police officers are trained to be responsive to information from the public, and the officers assigned to these departments – and many others – will do just that when confronted with credible and specific threats. I also want to thank the FBI and ATF agents who joined with the police in each of these cases and bring outstanding expertise to these investigations.
Now let me speak generally to those who are advocates for white supremacy, or white nationalism. I am talking directly to you. The Constitution protects your right to speak, your right to think, and your right to believe. If you want to waste the blessings of liberty by going down a path of hatred and failed ideologies, that is your choice.
Democracy allows you to test those ideas in the public forum. If you want to submit your beliefs to the American people and get their reaction, please be my guest. Keep this in mind, though. Thousands and thousands of young Americans already voted with their lives to ensure that this same message of intolerance, death, and destruction would not prevail - you can count their ballots by visiting any American cemetery in North Africa, Italy, France, or Belgium and tallying the white headstones. You can also recite the many names of civil rights advocates who bled and died in opposing supporters of those same ideologies of hatred. Their voices may be distant, but they can still be heard.
Go ahead and make your case for Nazism, a white nation, and racial superiority. The Constitution may give you a voice, but it doesn’t guarantee you a receptive audience.
Your right to free speech does not automatically mean that people will agree with you. In fact, you have an absolute God-given and inalienable right to be on the losing end of this argument.
What you don’t have, though, is the right to take out your frustration at failure in the political arena by resorting to violence. You don’t have any right to threaten the lives and well-being of our neighbors. They have an absolute God-given and inalienable right to live peacefully, to worship as they please, to be free from fear that they might become a target simply because of the color of their skin, the country of their birth, or the form of their prayer.
Threatening to kill Jewish people, gunning down innocent Latinos on a weekend shopping trip, planning and plotting to perpetrate murders in the name of a nonsense racial theory, sitting to pray with God-fearing people who you execute moments later - those actions don’t make you soldiers, they make you criminals. Law enforcement doesn’t go to war with cowards who break the law, we arrest them and send them to prison.
As I said, this case was made by a concerned member of the public and a responsive police officer. That’s all it takes to stop you. The men and women of our community are allied with law enforcement. And every single member of law enforcement took an oath to protect and defend the Constitution of the United States against all enemies, foreign and domestic. Many of us have taken that oath several times - as police officers, federal agents, prosecutors, military members, and elected officials.
Together, we represent the absolute best of what America has to offer. Our skin is every color you can imagine, our families come from a hundred different countries and a hundred different faiths. What makes us different doesn’t split us apart, though. Those differences are insignificant compared to what is the same about us - we are united in our commitment to each other, to our families, and to our communities. We are the living embodiment of everything you say is impossible.
Together, we are united to ensure that you commit no further acts of violence in the name of your beliefs. When you wake up tomorrow morning, no matter what time, I want you to remember something. You can’t set your alarm clock early enough to beat us out of bed. The men and women of law enforcement don’t wake up. We never went to sleep. We are always awake. And arm in arm with the public, when your hatred leads you to break the law, we will do everything we can to be there to stop you.
Treyton Thomas Sentenced to 262 Months' Imprisonment for Multi-Million Dollar Investment Fraud Scheme and Income Tax EvasionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that today, United States District Judge James C. Dever III sentenced TREYTON LEE THOMAS, age 63, to 262 months’ imprisonment for wire fraud and 60 months’ imprisonment for income tax evasion, to run concurrently. Judge Dever also ordered THOMAS to pay approximately $7.3 million in restitution to the victims of the investment and bank fraud schemes, the Internal Revenue Service and the United States Attorney’s Office and to forfeit an additional $7.3 million to the United States.
On November 22, 2016, THOMAS was charged in a 21-Count Indictment with wire fraud, bank fraud and money laundering. This Indictment charged THOMAS, who represented himself as a successful Harvard educated investment advisor, with defrauding his father’s used car warranty company, NC&VA Warranty of Roxboro, N.C., several of its customers, his wife, and his father-in-law. THOMAS claimed he was conservatively investing their money in U.S. Treasury Bills. Instead, through an on-line brokerage firm, THOMAS used these funds to conduct risky trades in the commodities and futures market. To conceal this fraud scheme, THOMAS provided these victims and various financial institutions with false information and fabricated bank and brokerage statements. To obtain additional funds, the Indictment charged THOMAS with using the same false information and fabricated statements to defraud financial institutions out of approximately 1.9 million dollars in loan proceeds. In addition to losing the victims’ money in risky trades, the Indictment charged THOMAS with spending more than 1.6 million dollars to pay personal expenses.
On March 15, 2018, THOMAS was charged in another Indictment with six counts of income tax evasion for the calendar years 2010 through 2015 and two counts of failing to disclose his interest in and authority over foreign bank accounts. According to court records, THOMAS failed to file United States Income Tax Returns (Forms 1040) or pay taxes for two decades. To conceal his income, THOMAS used offshore entities, in the Cayman Islands, the British Virgin Islands and Nevis, and employed individuals from offshore corporation management companies to act as his nominee in numerous business ventures. These foreigners opened and managed bank accounts through which THOMAS moved the victims’ funds in and out of the United States. Additionally, THOMAS created fake or “ghost” employees to make it appear that he operated a large, successful investment fund. To conceal his own identity, THOMAS used aliases or variations of his given name.
The Court agreed with the Government that THOMAS had attempted to obstruct justice and was not entitled to a reduced sentence for acceptance of responsibility even though he pled guilty. Several victims spoke at the sentencing hearing, describing the financial and emotional toll THOMAS’ crimes had caused.
Investigation of this case was conducted by the Federal Deposit Insurance Corporation-Office of the Inspector General, the Internal Revenue Service Criminal Investigations, and the United States Secret Service. Assistant United States Attorneys Susan Menzer and John Harris represented the government in this case.
Tonawanda Man Sentenced for Drug Possession Near A High SchoolRead 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 James Nelson, 63, of Tonawanda, NY, who was convicted of possession with intent to distribute crack cocaine, oxycodone, and hydrocodone within 1,000 feet of a private school, was sentenced to serve 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on December 11, 2017, investigators with the Drug Enforcement Administration and the Town of Tonawanda Police Department executed a state search warrant at the defendant’s residence at 11 Fayette Avenue in Tonawanda. Nelson was found in the living room area of the residence. Investigators recovered suspected crack cocaine, numerous pills containing suspected controlled substances, two compact digital scales, and approximately $1,442 in U.S. currency.
Subsequent testing determined that the substances recovered included crack cocaine, diazepam, oxycodone, butalbital, hydrocodone, and alprazolam.
The defendant’s residence is located within 1,000 feet of St. Joseph’s Collegiate Institute, a private secondary school, located at 845 Kenmore Avenue in Buffalo.
The sentencing is the result of an investigation by the Tonawanda Police Department, under the direction of Acting Chief James P. Stauffiger and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Toledo woman pleaded guilty to terrorism charges related to her role in a conspiracy to launch an attack on a bar in ToledoRead the Press Release
A Toledo woman pleaded guilty to terrorism charges related to her role in a conspiracy to launch an attack on a bar in Toledo.
Elizabeth Lecron, 24, pleaded guilty in U.S. District Court in Toledo to one count of conspiracy to provide material support or resources to terrorists and one count transporting explosives in interstate commerce.
Her co-conspirator, Vincent Armstrong, pleaded guilty earlier this month to one count of conspiracy to transport or receive an explosive with intent to kill, injure, or intimidate any individual, and maliciously damage or destroy by fire or explosive.
“This defendant has admitted to plotting a terrorist attack in downtown Toledo,” U.S. Attorney Justin Herdman said. “She purchased a shotgun, black powder, screws and other items for the purpose of launching mass-casualty attacks. For years we have used this statute to prosecute those who supported our enemies abroad, and are gratified we are able to use it to hold accountable people who planned to attack our neighbors, regardless of ideology.”
"Elizabeth Lecron has accepted responsibility for planning and obtaining weapons and explosive components as preparation to conduct a mass shooting,” FBI Special Agent in Charge Eric B. Smith said. “The two recent mass shootings that took 29 lives remind us that without the vigilance of the citizen that alerted law enforcement of Lecron and Armstrong's desire to kill, Toledo could have been the site of a massacre. Law enforcement urges the public to report suspicious, concerning behavior - see something, say something."
Toledo Police Chief George Kral said: “This week should show all Ohioans the threats that are ever present in our communities. With this plea, a dangerous potential mass murderer will be off our streets. Our citizens have to be a part of the solution. I strongly encourage people to report suspicious behavior to law enforcement. It quite honestly could be a matter of life or death.”
According to the plea agreement and other documents filed in the case:
Lecron conspired with Armstrong from April 2018 through December 10, 2018. The two met in February 2018, started dating a few months later and moved in together at residence in Toledo. Shortly after meeting, Lecron expressed her interest in mass murderers in introduced Armstrong to the “True Crime Community” or TCC. Lecron allegedly engaged with members of the community via Tumblr, under the username “ligaturemarkings” and “charlestonchurchmiracle.” Armstrong joined the Tumblr TCC community with the username “societysheretic.”
Lecron routinely posted items about the Columbine High School shooters and the Charleston church shooter. Armstrong and Lecron privately discussed committing their own mass murder in the Toledo area. They referred to the attack as “D-Day” and discussed using guns and explosives. Armstrong owned an AK-47 while Lecron purchased a shotgun with Armstrong. Both guns were to be used in the attack and Lecron and Armstrong went to the shooting range to practice their firearm skills.
Lecron showed Armstrong a web site that had detailed instructions on how to make improvised bombs they intended to use during the attack. The two agreed to build a pipe bomb. Armstong purchased end caps from a local hardware store and they discussed the additional parts they needed to buy to build the pipe bomb.
The pair agreed what to wear during the attacks, looking to emulate the Columbine shooters. Lecron purchased combat boots that she felt would not slip on all the blood during the attack, as well as a t-shirt that read “False Prophet.”
They discussed numerous possible targets for the attack and settled on a bar in downtown Toledo.
Lecon wrote about “D-Day” in her journal. In a journal entry dated June 5, 2018, she wrote that visiting friends that weekend was exhausting, but that “D-Day will be my salvation.”
Lecron and Armstrong flew to Denver in August 2018 to visit sights related to the shooting at Columbine High School. Lecron posted that their next trip would be to Charleston to visit “the church.”
Law enforcement agents executed search warrants on Armstrong and Lecron’s house and vehicles on December 10, 2018. The trunk of Armstrong’s vehicle contained a duffel bag with a tactical vest with two loaded magazines for an AK-47, two loaded magazines for a pistol, a gas mask and printed instructions on how to construct various bombs. In the house, law enforcement found an AK-47, two shotguns (including the one purchased by Lecron), two handguns and ammunition.
Additionally, Lecron on December 8, 2018, purchased two pounds of Hodgdon Triple Seven Muzzleloading Propellant from a retailer in Rossford, Ohio. She then purchased 665 screws from another retailer nearby. She then gave the items to a confidential human source with whom she began communicating in August 2018 about mass shootings via the Tumblr TCC group.
On September 11, 2018, Lecron, the confidential source and two undercover agents discussed conducting a bomb attack. Lecron said: “I want to get out there. I want to like, you know, be part of it, you know. I want to help any way I can. I’ve never had an in to this sort of thing so now that I do I just want to do anything I can.” When asked if she had any concerns about human casualties, Lecron replied: “Take them out. I don’t really feel any type of way for that…I’m here to send a message and get the job done…if they are in the way of the explosion, they’re probably part of the problem so maybe it’s for the best.”
On December 4, 2018, the confidential source called Lecron asking for help in a plan to bomb a pipeline in Georgia. The source asked Lecron to purchase black powder. Lecron replied: “Absolutely…Thank you so much. Hell yeah. This is exactly what I wanted to do.”
She purchased the black powder and screws four days later and delivered them to the confidential source.
The Federal Bureau of Investigation’s Joint Terrorism Task Force, which is comprised of members of the FBI, Homeland Security Investigations, U.S. Customs and Border Protection, Ohio State Highway Patrol and Toledo Police Department, investigated the case. It is being prosecuted by Assistant U.S. Attorneys Michael Freeman, Michelle Baeppler and Tracey Tangeman.
Three Ohio Men Sentenced to Prison in Case Involving Sexual Abuse of ToddlersRead the Press Release
COLUMBUS, Ohio – Three defendants in a child pornography case have been sentenced to prison.
David E. Fairchild, 45, of Kirkersville, was sentenced in U.S. District Court today to 456 months in prison. In March, Jesse G. Szuba, 31, of Newark, was sentenced to 220 months in prison and Mike Allen, 36, of Heath, was sentenced to 68 months in prison.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Franklin County Sheriff Dallas Baldwin, Vance Callander, Special Agent in Charge, Homeland Security Investigations (HSI), and other members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the sentences imposed by U.S. District Judge Michael H Watson.
The three men were charged in May 2018 in a second superseding indictment that was unsealed in late October.
According to court documents, in January 2018, the Franklin County ICAC Task Force received a CyberTip from the National Center for Missing and Exploited Children (NCMEC) regarding a video depicting child sexual abuse. The video was uploaded to Google from the username “David TwistedBottomFreak Fairchild” and depicted an adult male anally penetrating a toddler-aged child.
Investigation of the CyberTip revealed that Fairchild sexually abused a female victim, born in 2016, and created child pornography involving the victim. He thereafter sent the child pornography he created to others, including Szuba.
Likewise, Szuba attempted to produce child pornography involving a boy born in 2014.
Szuba and Fairchild met on Craigslist and communicated with each other about sexually abusing the toddlers. During their communications, they exchanged child pornography files and discussed plans to engage in various sex acts with each other and the victims.
Further, Szuba suggested other sex acts that Fairchild perpetrate against the female victim and asked Fairchild to send Szuba pictures or videos of that abuse. Fairchild similarly suggested that Szuba engage in sex acts with the male victim, and live stream such sexual abuse online.
In response to watching a video of Fairchild sexually abusing the toddler girl, Szuba messaged Fairchild that he “liked” the video “espically [sic] when she started whimpering.” Between January 26 and January 31, 2018, Szuba repeatedly requested, and Fairchild repeatedly sent, images and videos depicting sexual abuse of the female toddler.
Fairchild sent child pornography files to Allen, as well, including a link to Fairchild’s Google Drive account, which contained the video that prompted the CyberTip to NCMEC.
In January 2018, Fairchild sent six emails containing child pornography to a fourth related defendant, Caleb Cumberland, 31, of Tarlton, Ohio. Cumberland pleaded guilty in May to distributing and receiving child pornography. The parties in his case are recommending a sentencing range of 72 to 96 months in prison.
U.S. Attorney Glassman commended the investigation of this case by the Franklin County ICAC Task Force, HSI, and Ohio Attorney General’s Bureau of Criminal Investigation (BCI), as well as Assistant United States Attorneys Heather A. Hill and Jonathan J.C. Grey, who are prosecuting the case.
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Three Men Indicted for Drug-Related Fairfax MurderRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned an indictment today charging three Reston men with murder in the course of a drug trafficking crime.
According to allegations in the indictment, Fredy Alfaro, 28, Jimmie McCray, 34, and Charles Forbes, 28, murdered Michael Cooker in Fairfax County on April 18, 2018, in furtherance of a conspiracy to distribute marijuana.
According to the indictment, the defendants were engaged in a conspiracy in which they obtained marijuana from California and distributed it in the Eastern District of Virginia. Alfaro, who was in California, was in a dispute with Cooker, who was in the Eastern District of Virginia. Alfaro placed a call to McCray indicating that Cooker needed to be taken care of. McCray gave that message, along with a gun, to Forbes who drove Cooker to a wooded area of Fairfax Station where Forbes shot and killed Cooker.
All three defendants are charged with conspiracy to distribute marijuana and use of a firearm in connection with conspiracy to distribute marijuana resulting in death. Both McCray and Forbes are charged with possession of a firearm by a prohibited person. If convicted, they each face a mandatory minimum of 10 years in prison and a maximum penalty of life in prison or death. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Mark R. Herring, Attorney General of Virginia, and Timothy M. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement. Assistant U.S. Attorney Michael P. Ben’Ary, along with Special Assistant U.S. Attorneys Marc J. Birnbaum and Rachael C. Tucker are prosecuting the case.
This case was investigated by the Washington Field Office’s Violent Crime Safe Streets Task Force, which is composed of FBI Special Agents, and task force officers from the Arlington County Police, the Alexandria City Police, the Fairfax County Police, the Prince William County Police, the Loudoun County Sheriff’s Office, the Fauquier County Sheriff’s Office, the Leesburg Police Department, the Herndon Police Department, the Fairfax City Police, and the Vienna Police, and works in partnership with the USMS. The task force worked cooperatively and extensively with the Fairfax County Police on this investigation. The task force is charged with identifying, investigating, disrupting and bringing to justice the most violent and egregious criminal enterprises and actors impacting the National Capital Region.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-260.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Texas woman pleads guilty to conspiracy to facilitate adoptions from Uganda through bribery and fraudRead the Press Release
A Texas woman who managed aspects of an international program at an Ohio-based adoption agency pleaded guilty today for her role in a scheme to corruptly facilitate adoptions of Ugandan children through bribing Ugandan officials and defrauding U.S. adoptive parents and the U.S. Department of State.
Robin Longoria, 58, of Mansfield, Texas, pleaded guilty before U.S. Magistrate Judge William H. Baughman, Jr. of the Northern District of Ohio to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), to commit wire fraud and to commit visa fraud. Sentencing is scheduled for January 8, 2020, before U.S. District Judge Christopher A. Boyko of the Northern District of Ohio.
“The defendant compromised protections for vulnerable Ugandan children and undermined the United States’ visa screening process,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s plea ensures that she is held accountable for the far-reaching consequences of her corrupt conduct.”
“This defendant has admitted to playing a part in a conspiracy in which judges and other court officials in Africa were paid bribes to corrupt the adoption process,” said U.S. Attorney Justin Herdman of the Northern District of Ohio. “We are committed to pursuing justice for the adoptive parents and for all parties involved.”
“While adoptive families were financially and emotionally invested in the welfare of their future child, misrepresentations were made by Ms. Longoria and others to disguise bribe payments made to court officials in Uganda,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “We are pleased Ms. Longoria has accepted responsibility for her role in facilitating an international adoption scam.”
As part of her guilty plea, Longoria admitted, among other things, that she and her co-conspirators agreed to, and did, cause bribes disguised as fees to be paid to an Uganda Agent. Longoria knew that these fees would and were used by the to pay bribes to court registrars and Ugandan High Court judges to corruptly influence the court registrars to assign particular cases to “adoption-friendly” judges and to corruptly influence the judges to grant the U.S. clients of the adoption agency the authority to bring the Ugandan children to the United States for the purpose of adoption. Longoria also admitted that she and her co-conspirators agreed to, and did, conceal these bribes from the adoption agency’s U.S. clients. Further, Longoria admitted that she and her co-conspirators agreed to, and did, create false documents for submission to the U.S. State Department to mislead it in its adjudication of visa applications for the Ugandan children being considered for adoption.
If you believe you are a victim of this offense, please visit https://www.justice.gov/criminal-fraud/victim-witness-program or call (888) 549-3945.
The FBI’s Cleveland Field Office is investigating the case. Assistant U.S. Attorney Chelsea Rice and Trial Attorney Jason Manning of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Texas Woman Pleads Guilty to Conspiracy to Facilitate Adoptions from Uganda Through Bribery and FraudRead the Press Release
A Texas woman who managed aspects of an international program at an Ohio-based adoption agency pleaded guilty today for her role in a scheme to corruptly facilitate adoptions of Ugandan children through bribing Ugandan officials and defrauding U.S. adoptive parents and the U.S. Department of State.
Robin Longoria, 58, of Mansfield, Texas, pleaded guilty before U.S. Magistrate Judge William H. Baughman, Jr. of the Northern District of Ohio to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), to commit wire fraud and to commit visa fraud. Sentencing will be before U.S. District Judge Christopher A. Boyko of the Northern District of Ohio.
“The defendant compromised protections for vulnerable Ugandan children and undermined the United States’ visa screening process,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s plea ensures that she is held accountable for the far-reaching consequences of her corrupt conduct.”
“This defendant has admitted to playing a part in a conspiracy in which judges and other court officials in Africa were paid bribes to corrupt the adoption process,” said U.S. Attorney Justin Herdman of the Northern District of Ohio. “We are committed to pursuing justice for the adoptive parents and for all parties involved.”
“While adoptive families were financially and emotionally invested in the welfare of their future child, misrepresentations were made by Ms. Longoria and others to disguise bribe payments made to court officials in Uganda,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “We are pleased Ms. Longoria has accepted responsibility for her role in facilitating an international adoption scam.”
As part of her guilty plea, Longoria admitted, among other things, that she and her co-conspirators agreed to, and did, cause bribes disguised as fees to be paid to a Ugandan agent. Longoria knew that these fees would be and were used to bribe court registrars and Ugandan High Court judges to corruptly influence the court registrars to assign particular cases to “adoption-friendly” judges and to corruptly influence the judges to grant the U.S. clients of the adoption agency gaurdianship rights over the Ugandan children. Longoria also admitted that she and her co-conspirators agreed to, and did, conceal these bribes from the adoption agency’s U.S. clients. Further, Longoria admitted that she and her co-conspirators agreed to, and did, create false documents for submission to the U.S. State Department to mislead it in its adjudication of visa applications for the Ugandan children being considered for adoption.
If you believe you are a victim of this offense, please visit https://www.justice.gov/criminal-fraud/victim-witness-program or call (888) 549-3945.
The FBI’s Cleveland Field Office and the U.S. Department of State’s Diplomatic Security Service are investigating the case. Trial Attorney Jason Manning of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Chelsea Rice of the Northern District of Ohio are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at
https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
Tennessee Health Care Executive Sentenced to Prison for Role in $4.6 Million Kickback SchemeRead the Press Release
A Tennessee health care executive was sentenced to 42 months in prison yesterday for her role in a $4.6 million kickback scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Don Cochran of the Middle District of Tennessee, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General's (HHS-OIG) Atlanta Region, Special Agent in Charge John F. Kihn of the U.S. Department of Defense Criminal Investigative Service’s (DCIS) Southeast Field Office and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.
Brenda Montgomery, 71, of Camden, Tennessee, was sentenced by U.S. District Judge William Campbell Jr., of the Middle District of Tennessee. Judge Campbell also ordered Montgomery to forfeit $595,676.80. Montgomery pleaded guilty on Jan. 7, 2019, to one count of conspiracy to violate the anti-kickback statute and seven counts of violating the anti-kickback statute.
As part of her guilty plea, Montgomery admitted that she agreed to pay John Davis, the former CEO of Comprehensive Pain Specialist (CPS), illegal kickbacks in exchange for his arranging for Medicare referrals for durable medical equipment (DME) ordered by CPS employees. Davis agreed to arrange for referrals of DME for Medicare beneficiaries from the providers he supervised in exchange for a kickback equaling 60 percent of the Medicare proceeds. In addition, Montgomery and Davis took a number of steps to conceal their illegal agreement, including making kickback payments through a nominee, creating and filing false tax documents, and, for Davis, intervening as CEO to prevent the owners of CPS from obtaining their own Medicare DME supplier numbers that would have allowed CPS to bill for its own Medicare DME orders.
Beginning in or around May 2015, Montgomery renegotiated her illegal agreement with Davis to further obscure their personal contract from Medicare and from CPS owners and employees, the court found. From approximately May 2015 until approximately November 2015, Montgomery agreed to pay Davis $200,000 for the sham purchase of a shell entity known as ProMed Solutions LLC (ProMed). Montgomery again sought to renegotiate the sham transaction with Davis after she complained that her referrals from CPS had been lower than expected. Montgomery ultimately paid $150,000 for ProMed. The true purpose of this payment was to induce Davis to continue driving CPS referrals to CCC Medical, which was Montgomery’s DME supplier.
The Court further found that Montgomery received as much as $2.9 million in fraudulent reimbursements from Medicare. In addition, Montgomery admittedly paid more than $770,000 in illegal kickbacks to Davis.
Davis was tried for his role in the conspiracy on March 26, 2019. On April 4, 2019, a jury in the Middle District of Tennessee returned a verdict of guilty on one count of conspiracy to defraud the United States and to violate the anti-kickback statute, and seven counts of violating the anti-kickback statute. Davis’ sentencing has not yet been scheduled.
This case was investigated by the HHS-OIG Atlanta Region, the DCIS’s Southeast Field Office and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit. Trial Attorney Anthony J. Burba of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Henry Leventis of the Middle District of Tennessee are prosecuting the case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Tennessee Health Care Executive Sentenced to Prison for Role in $4.6 Million Kickback SchemeRead the Press Release
NASHVILLE, Tenn. – August 29, 2019 - A Tennessee health care executive was sentenced to 42 months in prison yesterday for her role in a $4.6 million kickback scheme, announced U.S. Attorney Don Cochran for the Middle District of Tennessee, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General's (HHS-OIG) Atlanta region, Special Agent in Charge John F. Kihn of the U.S. Department of Defense Criminal Investigative Service’s (DCIS) Southeast Field Office and Director David Rausch of the Tennessee Bureau of Investigation.
Brenda Montgomery, 71, of Camden, Tennessee, was sentenced by U.S. District Judge William Campbell, Jr., of the Middle District of Tennessee. Judge Campbell also ordered Montgomery to forfeit $595,676.80. Montgomery pleaded guilty on Jan. 7, 2019, to one count of conspiracy to violate the anti-kickback statute, and seven counts of violating the anti-kickback statute.
As part of her guilty plea, Montgomery admitted that she agreed to pay John Davis, the former CEO of Comprehensive Pain Specialist (CPS), illegal kickbacks in exchange for his arranging for Medicare referrals for durable medical equipment (DME) ordered by CPS employees. Davis agreed to arrange for referrals of DME for Medicare beneficiaries from the providers he supervised in exchange for kickbacks equaling 60 percent of the Medicare proceeds. In addition, Montgomery and Davis took a number of steps to conceal their illegal agreement, including making kickback payments through a nominee, creating and filing false tax documents, and, for Davis, intervening as CEO to prevent the owners of CPS from obtaining their own Medicare DME supplier numbers that would have allowed CPS to bill for its own Medicare DME orders.
Beginning in or around May 2015, Montgomery renegotiated her illegal agreement with Davis to further obscure their personal contract from Medicare and from CPS owners and employees, the court found. From approximately May 2015 until approximately November 2015, Montgomery agreed to pay Davis $200,000 for the sham purchase of a shell entity known as ProMed Solutions, LLC (ProMed). Montgomery again sought to renegotiate the sham transaction with Davis after she complained that her referrals from CPS had been lower than expected. Montgomery ultimately paid $150,000 for ProMed. The true purpose of this payment was to induce Davis to continue driving CPS referrals to CCC Medical.
The Court further found that Montgomery received as much as $2.9 million in fraudulent reimbursements from Medicare. In addition, Montgomery admittedly paid more than $770,000 in illegal kickbacks to Davis.
Davis was tried for his role in the conspiracy on March 26, 2019. On April 4, 2019, a jury in the Middle District of Tennessee returned a verdict of guilty on one count of conspiracy to defraud the United States and to violate the anti-kickback statute, and seven counts of violating the anti-kickback statute. Davis’ sentencing has not yet been scheduled.
This case was investigated by the HHS-OIG Atlanta region, the DCIS’s Southeast Field Office and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit. Assistant U.S. Attorney Henry Leventis and Trial Attorney Anthony J. Burba of the Criminal Division’s Fraud Section are prosecuting the case.
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Teachers’ Union Treasurer Indicted for Bank Fraud and Stealing Union FundsRead the Press Release
SAN FRANCISCO - A federal grand jury handed down an eight-count felony indictment charging Kenneth Morris with bank fraud and theft of union assets, announced United States Attorney David L. Anderson and U.S. Department of Labor, Office of Labor Management Standards (DOL OLMS) Supervisory Investigator Kenric Michel.
According to the indictment filed August 22, 2019, and unsealed earlier today, Morris, 50, of Alameda, CA, was the treasurer of the American Federation of Teachers Local 2240 (AFT 2240). AFT 2240 represents teachers, counselors, and librarians employed by the Catholic Diocese of San Jose and the Catholic Archdiocese of San Francisco.
As AFT 2240’s treasurer, Morris received the union’s dues checks from the Archdiocese of San Francisco and the Diocese of San Jose. The indictment alleges that instead of depositing the checks into AFT 2240’s bank account, Morris endorsed the checks and deposited them into his own personal bank account under false pretenses. The indictment describes five such deposits, each between $1,000 and $4,000, that Morris is alleged to have made between September 10, 2018, and December 10, 2018. Furthermore, the indictment charges Morris with stealing union property on three additional occasions between November 13, 2017 and January 12, 2018. According to the indictment, the combined value of the additional property stolen amounts to $18,720.75. In sum, Morris is charged with five counts of bank fraud, in violation of 18 U.S.C. § 1344(2), and three counts of theft of union assets, in violation of 29 U.S.C. § 501(c).
Morris made his initial federal court appearance this morning before U.S. Magistrate Judge Elizabeth Laporte. He was arraigned, pleaded not guilty to the charges, and was released on bond. Morris’s next appearance, a status conference before Senior U.S. District Judge Charles Breyer, is scheduled for September 18, 2019.
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 maximum terms of imprisonment of 30 years for each bank fraud count and 5 years for each count of theft of union assets. 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.
Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Kimberly Richardson. This case is brought as a result of an investigation by the DOL OLMS.
Stockton Man Charged for Possessing a Firearm as a FelonRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Roeuth Korm, 32, of Stockton, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 26, Korm was found in possession of a Glock 22 firearm. Korm is a previously convicted felon and is prohibited by law from possessing a firearm.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Joaquin County Sheriff’s Department. Assistant U.S. Attorneys Tanya B. Syed and Cameron L. Desmond are prosecuting the case.
If convicted, Korm faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe 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.
South Texas Man Guilty of Smuggling More Than 50 Pounds of MethRead the Press Release
CORPUS CHRISTI, Texas – A 35-year-old Edinburg man has pleaded guilty to possessing with the intent to distribute more than 25 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick.
On July 7, 2019, Sarafin Rodriguez Pena drove a white Ford Focus into the primary inspection area of the Border Patrol checkpoint near Falfurrias. A careful search of the vehicle revealed bundles of methamphetamine concealed within after-market speakers mounted in the car.
Laboratory analysis later confirmed the substance in the bundles was methamphetamine.
The methamphetamine had a total weight of 25.5 kilograms with a value of more than $1.7 million.
At a hearing today before U.S. Magistrate Judge B. Janice Ellington, Pena admitted he had knowingly attempted to smuggle the narcotics past the checkpoint.
U.S. District Judge David S. Morales will impose sentence Nov. 26, 2019. At that time, Pena faces a minimum of 10 years and up to life in prison as well as a possible $10 million maximum fine.
He has been and will remain in custody pending that hearing.
This Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
San Bernardino County Man Indicted for Methamphetamine Trafficking in Sacramento CountyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Juan Francisco Nunez-Roman, 21, of Fontana, charging him with possessing controlled substances for distribution, and conspiracy to do the same, U.S. Attorney McGregor W. Scott announced.
According to court records, in May 2019, an undercover agent arranged to purchase approximately 40 pounds of methamphetamine and 5,000 counterfeit Oxycodone pills. On the day of the planned buy, Nunez-Roman arrived at a hotel parking lot in Elk Grove and showed the undercover agent a package of narcotic pills. Nunez-Roman agreed to follow the undercover agent to a secondary location, where he was going to sell the agent the pills and methamphetamine. While the two were en route, an officer stopped Nunez-Roman and searched his vehicle. That search yielded approximately 9.74 kilograms (21.47 pounds) of methamphetamine and three packages containing suspected counterfeit Oxycodone pills.
This case is the product of an investigation by the Tri-County Drug Enforcement Team (TRIDENT), with special assistance from Homeland Security Investigations, California Highway Patrol, and Sacramento County District Attorney’s Office.
If convicted of either charge, Nunez-Roman faces a mandatory minimum penalty of 10 years in prison, and a maximum statutory penalty of life in prison and a $10 million fine. Any sentence would be determined at the discretion of the district court after considering any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Prince George’s County Felon Sentenced to More Than 10 Years in Federal Prison for Drug Distribution and Related Firearms ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore C. Chuang today sentenced Tyrone Lavon White, age 28, of Landover, Maryland, to 126 months in federal prison, followed by five years of supervised release, for possession with intent to distribute controlled substances, possession of firearms and ammunition in furtherance of a drug trafficking crime, and for being a felon in possession of a firearm and ammunition.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
“Drug traffickers must know that gun crime will lead to federal time, which has no parole—ever,” said United States Attorney Robert K. Hur. “We will continue to work with our law enforcement partners to remove those who would commit violence from our community. Please put down the guns. You’ll save a life, maybe even your own.”
According to his guilty plea, White was present at a residence when Prince George’s County Police Department officers executed a search warrant. At the commencement of the search, White and the other occupants of the residence were advised of their rights.
During the search of the residence, law enforcement located in an upstairs bedroom a black backpack that contained a loaded 9x19mm semi-automatic pistol with an extended magazine containing 32 rounds of ammunition; a loaded 9x19mm semi-automatic pistol containing 16 rounds of ammunition; and nine bags of a substance containing marijuana. In addition, two vials of phencyclidine (“PCP”) were recovered from the closet of the bedroom, and $2,250 in cash was found under the mattress in this bedroom. White admitted to the officers that all of the items recovered during the search belonged to him. Further, White admitted that he possessed the guns in furtherance of drug trafficking.
White had two previous felony drug trafficking convictions in Prince George’s County Circuit Court and was prohibited from possessing firearms or ammunition.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the ATF and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Jessica C. Collins, who prosecuted the case.
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Pennsylvania Man Sentenced for Trafficking Protected TurtlesRead the Press Release
David Sommers, 64, of Levittown, Pennsylvania, was sentenced to six months imprisonment, three years of supervised release including six months of home detention, and to pay $250,000 in restitution for trafficking protected turtles.
From November 2011 until October 2017, Sommers poached thousands of protected diamondback terrapins and their eggs from coastal marshes in New Jersey and illegally sold the turtles. A grand jury indicted Sommers on July 10, 2018 for his criminal conduct involving the sale, export and false-labeling of packages containing protected diamondback terrapins. On Feb. 4, 2019, Sommers pleaded guilty to false-labeling of packages containing protected diamondback terrapins.
“Sommers used a sham business to shamelessly mask an illegal trade in threatened and protected species,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “The Justice Department and our law enforcement partners will safeguard our nation’s natural resources and biodiversity and prosecute wildlife traffickers to the fullest extent of the law.”
“The defendant had a simple business plan: poach protected turtles and their eggs from their natural habitat, advertise them for sale online and then illegally ship them to customers by concealing the actual contents of the packages,” said U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania. “Sommers represented himself as a legitimate reptile breeder, when he was in fact endangering the lives of these animals and breaking the law. Thanks to our partners at the New Jersey Division of Fish and Wildlife and the United States Postal Inspection Service, this defendant will be held responsible for his actions.”
Diamondback terrapins (Malaclemys terrapin) are a semi-aquatic species of turtle native to brackish waters in eastern and southern United States. They are not found in the wild in Pennsylvania, where Sommers resided, but have a dwindling habitat range in neighboring New Jersey. The terrapins are prized in the reptile pet trade for their unique, diamond-shaped shell markings. The turtles are protected under New Jersey law and by an international treaty, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The United States, Canada and approximately 181 other countries are signatories to CITES, which provides a mechanism for regulating international trade in species whose continued survival is threatened by such trade. Due to declining populations, CITES listed the diamondback terrapin as threatened in 2013, and New Jersey banned collecting, possessing and transporting them in 2016.
This case was investigated by the United States Fish and Wildlife Service with assistance from the New Jersey Division of Fish and Wildlife. It is being prosecuted by trial attorney Ryan Connors of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Joan E. Burnes.
Paralegal Arrested on Federal Grand Jury Indictment Alleging She Defrauded Clients of Immigration Law FirmsRead the Press Release
LOS ANGELES – A local paralegal was arrested today on a seven-count federal grand jury indictment charging her with defrauding clients of various immigration law firms by depositing payments for legal services and filing fees into her personal bank account, thus depriving clients of the legal services for which they had paid.
Tanya Garcia, 40, of Whittier, was arrested at her residence this morning. She has been charged with six counts of wire fraud and one count of aggravated identity theft. Garcia is scheduled to be arraigned on the charges this afternoon in United States District Court in Los Angeles.
According to the indictment, Garcia worked as a paralegal at various immigration law firms in Los Angeles and Riverside counties. The law firms assisted clients with matters such as obtaining asylum, relief from deportation, U.S. residence and citizenship, and work permits. From at least October 2014 until October 2018, Garcia collected payments from clients and represented the payments would be used for immigration-related legal services and filing fees. Garcia allegedly instructed the clients to leave the “pay to” line on money orders and checks blank.
Garcia then wrote her own name in the “pay to” line on the money orders and checks, and on multiple occasions, she crossed out “U.S. Department of Homeland Security” from the “pay to” line of money orders and wrote in her own name, the indictment alleges. Garcia allegedly deposited the payments into her personal bank accounts and used the money on personal expenses including her mortgage, credit card bills, and clothes.
When the immigration law firms’ clients realized they were not receiving any legal services after paying Garcia, she refused to permit the clients to speak to a licensed lawyer, according to the indictment. Garcia allegedly defrauded the immigration law firms and their clients out of approximately $181,344.
If convicted of all charges, Garcia would face a statutory maximum sentence of 122 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This matter was investigated by United States Secret Service, the Inglewood Police Department, and the United States Postal Inspection Service.
This case is being prosecuted by Assistant United States Attorney Roger A. Hsieh of the Major Frauds Section and Brian R. Faerstein of the General Crimes Section.
Orlando Woman Sentenced to More Than Seven Years in Federal Prison for Stolen Identity Refund FraudRead the Press Release
Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Scharlene Alisa Hudson to 7 years and 10 months in federal prison for fraudulent possession of unauthorized access devices (credit cards) and aggravated identity theft. Hudson had pleaded guilty on May 23, 2019.
According to court documents, in February 2015, law enforcement officers discovered Hudson squatting in an Orlando residence. At the time, Hudson had in her possession approximately 50 debit cards in other people’s names, a notebook, and other documents containing ledgers listing the names, Social Security numbers, and dates of birth of numerous victims. Hudson used the personal identification information of the victims to file false tax returns and claim fraudulent tax refunds. The total loss to the government exceeded $297,000. During the sentencing hearing, the government presented evidence that many of the victims were elderly.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
Operation Cookout Indictment Charges 39 Defendants in Heroin and Fentanyl Trafficking ConspiracyRead the Press Release
NEWPORT NEWS, Va. – Over 120 law enforcement officers from 30 law enforcement agencies in Virginia, North Carolina and Texas executed a major arrest operation over the last three days, resulting in 35 of defendants being arrested for their respective roles in a conspiracy to distribute and possess with intent to distribute large amounts of heroin, fentanyl, cocaine, and cocaine base in Hampton Roads.
In addition to the arrests, law enforcement seized 24 firearms, 30 kilograms of fentanyl, 30 kilograms of heroin, 5 kilograms of cocaine, and over $700,000 in cash during the three-day takedown.
“This massive interdiction of narcotics, which included enough fentanyl to kill over 14 million people, is proof positive of the power and strength of federal, state, and local law enforcement collaboration,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The 39 charged defendants are just that—charged—and remain innocent unless and until proven otherwise. This operation, through its seizure of scores of kilograms of illicit narcotics, saved lives in the Eastern District and elsewhere. Any day where we can do that is particularly meaningful and impactful. An incredible thank you to our dedicated law enforcement partners and prosecutors.”
According to the 106-count indictment, which was returned by a federal grand jury on August 14 and unsealed this afternoon, the 39 co-conspirators were involved in an alleged large-scale drug trafficking conspiracy that began in March 2016. The co-conspirators participated in various criminal acts throughout the alleged conspiracy, including armed drug distribution, while assuming and carrying out different roles such as a supplier, packager, transporter, financier, distributor, and facilitator throughout the life of the alleged drug trafficking ring.
“The narcotics organization identified by our team reached far and wide, spanning state lines and crossing all the way to and from our southern border,” said Michael K. Lamonea, Assistant Special Agent in Charge of Homeland Security Investigations in Norfolk. “This indictment, and the 106 counts within, demonstrates clearly that the dangerous and illegal smuggling operations from the border limitlessly stretch into the United States and reach directly into our neighborhoods and communities.”
The indictment alleges that the defendants and unindicted co-conspirators would purchase and receive narcotics from suppliers in Mexico, California, and New York, and would arrange for heroin, fentanyl, cocaine, and cocaine base to be transported to and within the Eastern District of Virginia using hidden traps in privately owned vehicles, couriers, and semi-trailers, trucks, and recreational vehicles.
It was further part of the conspiracy that the defendants and co-conspirators would utilize various locations throughout Hampton Roads to possess and prepare for distribution heroin, fentanyl, cocaine, and cocaine base, and to meet and discuss previous and future narcotics transactions. These various locations include houses and parking lots of businesses located in Newport News, Hampton, Suffolk, Carrolton, Yorktown, Lawrenceville, South Hill, and Richmond.
“The DEA will continue to prioritize operations like this one, which target the criminal organizations that bring dangerous drugs and violence into our communities here in Virginia,” said Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division. “We stand united with our outstanding federal, state, and local law enforcement counterparts in this endeavor.”
According to the indictment, throughout the life of the drug trafficking ring, the co-conspirators used at least 94 different telecommunication devices such as pre-paid cell phones, Facebook, and encrypted communications apps like FaceTime and WhatsApp to conduct the day-to-day operations, including negotiating prices, and arranging locations for purchasing and selling the drugs. Some of co-conspirators changed devices on a regular basis in an effort to thwart law enforcement surveillance. Typically, the cell phone numbers that were used were in pre-paid cell phones that did not need a subscriber’s name.
The 106-count indictment alleges various offenses, including conspiracy to distribute and possess with intent to distribute cocaine, heroin, cocaine base, and fentanyl; conspiracy to launder money; felon in possession of a firearm; maintaining a drug-involved premises; use of a communication facility in furtherance of drug trafficking; interstate travel in aid of racketeering enterprises; and illegal re-entry by a previously deported or removed alien.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Cookout. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The High Intensity Drug Trafficking Areas (HIDTA) program, created by Congress with the Anti-Drug Abuse Act of 1988, provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. This grant program is administered by the Office of National Drug Control Policy (ONDCP). There are currently 28 HIDTAs, which include approximately 18 percent of all counties in the United States and 66 percent of the U.S. population.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington D.C., Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), Colonel Gary T. Settle, Superintendent of Virginia State Police, Steve R. Drew, Chief of Newport News Police, Terry L. Sult, Chief of Hampton Police Division, Col. K.L. Wright, Chief of Chesapeake Police, and Hampton Commonwealth's Attorney Anton A. Bell, made the announcement after the indictment was unsealed. Assistant U.S. Attorneys Kevin P. Hudson and Peter G. Osyf, and Special Assistant U.S. Attorney Amy E. Cross are prosecuting the case.
The following law enforcement agencies provided significant assistance during the investigation and arrest operation: U.S. Marshals, Newport News Sheriff’s Office, Chesapeake Sheriff’s Office, York-Poquason Sheriff’s Office, Tennessee Highway Patrol, Amarillo Police, and Brunswick County Sheriff’s Office. Approximately 30 law enforcement agencies assisted in the arrest operation in Virginia, North Carolina and Texas.
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-47.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
New York Man Sentenced to 92 Months for Illegal Possession of a FirearmRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Timothy Ortiz, a/k/a “Tyson,” 25, of Bronx, New York, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr., to 92 months in prison and three years of supervised release for possession of a firearm by a felon. Ortiz pleaded guilty on January 4, 2019.
According to court documents, on September 26, 2016, Ortiz was involved in an argument over a drug debt that led to his fatal shooting of Jonathan Methot using a Ruger, Blackhawk, .357 revolver at a duplex apartment building in Biddeford. Ortiz was prohibited from possessing the firearm as the result of 2016 Maine felony convictions for aggravated sex trafficking and heroin distribution.
In imposing the sentence, Judge Woodcock varied upward from the applicable guideline range of 37-46 months, noting that the defendant’s criminal history was “disturbing” and the need to protect the public was “obvious.”
This case was investigated by the Biddeford Police Department; the Maine State Police; the Maine Attorney General’s Office; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the FBI; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted as part of 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.
New Haven Teen Pleads Guilty to Firearm OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ARMOND TROUTMAN, 19, of New Haven, pleaded guilty today in Hartford federal court to possessing a firearm with an obliterated serial number.
According to court documents and statements made in court, on February 7, 2019, Troutman was arrested by New Haven Police after a search of his bedroom revealed a Colt .45 caliber handgun and an unloaded 9mm Sig Sauer magazine. Later that day, officers conducted a search of the basement of Troutman’s home and located a .40 caliber Taurus semi-automatic pistol with an obliterated serial number. A subsequent search of Troutman’s phone revealed numerous videos and pictures of Troutman holding the Taurus firearm.
Troutman is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on January 22, 2020, at which time he faces a maximum term of imprisonment of five years.
This matter is being investigated by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the New Haven State’s Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys Maria del Pilar Gonzalez and Sarah P. Karwan.
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 neighborhoods safer for everyone.
New Haven Crack Dealer Sentenced to 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MARQUIS PARKER, 26, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 60 months of imprisonment, followed by four years of supervised release, for his role in a New Haven drug trafficking ring.
According to court documents and statements made in court, in June 2017, the FBI’s New Haven Safe Streets/Gang Task Force initiated an investigation into a New Haven drug trafficking organization headed by Jermayne Butler. The investigation, which included physical surveillance, 13 controlled purchases of narcotics, and court-authorized wiretaps on multiple phones, revealed that members of the organization were distributing crack cocaine and oxycodone in the New Haven area.
Parker was intercepted on a wiretap communicating with Butler. The conversations confirmed that Butler supplied crack cocaine to Parker, who sold the drug to customers in New Haven.
Butler, Parker and several other members of the organization were arrested on federal criminal complaints on February 6, 2018. On February 8, 2018, a grand jury in New Haven returned a 30-count indictment charging 19 individuals with various offenses.
Parker has been detained since his arrest. On April 29, 2019, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, 28 grams or more of cocaine base. (“crack”).
Butler pleaded guilty to the same offense on August 9, 2019. He awaits sentencing.
This matter is being investigated by the FBI’s New Haven Safe Streets/Gang Task Force, which includes members from the New Haven Police Department, Milford Police Department, West Haven Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Patrick F. Caruso and David C. Nelson.