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Thursday 18 July 2019
Montgomery County Personal Injury Attorney Charged with Mail FraudRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Neil I. Mittin, age 64, of Huntingdon Valley, Pennsylvania was charged by Information with one count of mail fraud. The defendant was an attorney who worked for approximately 38 years as an associate for a Philadelphia, Pennsylvania law firm (“the Law Firm”). The Law Firm specialized in representing plaintiffs in personal injury matters while also representing individuals in other types of legal matters.
As detailed in the Information, over the course of approximately a decade, from 2008 through 2018, Mittin engaged in a scheme to steal numerous personal injury and other legal matters from the Law Firm by removing them from the Law Firm and referring them to outside attorneys. The clients of the Law Firm whose matters Mittin stole did not ask him to refer their matters to outside attorneys, and often did not know or understand that Mittin was referring their matters to outside attorneys. The defendant concealed his conduct from the Law Firm by closing the files for those matters and making it appear in the records of the Law Firm that there was no settlement or resolution and that the cases were not viable.
Following the fraudulent referrals, the other outside attorneys to whom Mittin referred these matters then undertook the representation of the former clients of the Law Firm and attempted to resolve the matters with a settlement or a trial. If the matter was resolved successfully, those attorneys paid Mittin a referral fee, on average, of between 33 and 40 percent of the contingency fees obtained by the attorneys plus reimbursement of the costs incurred by the Law Firm before Mittin had referred the cases to the other attorneys. The defendant pocketed the payments from the outside firms, including the reimbursement for costs incurred by the Law Firm, and did not disclose to the Law Firm that the matters were resolved in this fashion.
The personal injury and other legal matters that the defendant referred to other lawyers generated approximately $10,800,000 in financial recoveries for the former clients of the Law Firm. As a result of this scheme, Mittin defrauded the Law Firm of approximately $4,200,000 in legal fees and costs, including the share of those fees and costs that he obtained from the outside lawyers.
“Attorneys of any kind, public or private, take an oath to act in accordance with the law – they are and should be held to a high standard of conduct,” said U.S. Attorney McSwain. “As alleged, the defendant defrauded his employer of millions of dollars, which is illegal conduct for an employee in any line of work, but is especially egregious for a lawyer.”
“Mittin allegedly diverted millions of dollars of business from his longtime employer, for his own benefit,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Anyone willing to break the law and commit such fraud will be investigated and properly held accountable.”
If convicted, the defendant faces a maximum possible sentence of 20 years in prison.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Deputy United States Attorney Louis D. Lappen.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Mission Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Adrian Fast Dog, age 40, was indicted on July 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 1, 2019, and April 9, 2019, Fast Dog failed to register as a sex offender and update his sex offender registration as required.
The charge is merely an accusation and Fast Dog is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Fast Dog was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Milwaukee Man Sentenced to 21 Months for Credit Card FraudRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Gregory Bethea, 51, Milwaukee, was sentenced yesterday by U.S. District Judge William M. Conley to 21 months in federal prison for credit card fraud. Bethea was also ordered to pay $62,888.48 in restitution to Discover Financial Services.
In April 2014, law enforcement was contacted by a Sam’s Club and Walmart fraud investigator, who requested assistance with an ongoing credit card fraud investigation. Review of surveillance camera footage from Walmart and Sam’s Club stores helped law enforcement identify Bethea as the person using fraudulently obtained credit cards to purchase merchandise at retailers throughout Wisconsin and Michigan. Bethea purchased various items with the fraudulent credit cards, including food items, iPads, video gaming systems, clothing, computers, and electronics.
The charge against Bethea was the result of an investigation conducted by the U.S. Secret Service. The prosecution of the case has been handled by Assistant U.S. Attorney Julie Pfluger.
Milford Man Sentenced to 30 Months in Federal Prison for Defrauding Elderly IndividiualRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTOPHER J. SAKELARAKIS, 35, of Milford, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 30 months of imprisonment, followed by three years of supervised release, for an investment scheme that defrauded an elderly victim of $60,000.
According to court documents and statements made in court, Sakelarakis held himself out as having the necessary qualifications, experience and abilities to provide investment services to an elderly victim-investor. Sakelarakis falsely represented to the victim that he had a number of investment clients, that he was making a substantial profit including by day trading, and that he had a contact in an investment firm who provided him with stock tips. Sakelarakis also represented that he would invest in stocks, options and other financial instruments on behalf of the victim and that his compensation would be a commission on 10 percent of the profits.
In October 2017, the victim provided Sakelarakis with a $60,000 check. The funds were more than half of what the victim had saved for retirement. Within days after receiving and depositing the check, Sakelarakis withdrew $30,000 in cash, and then made additional cash withdrawals, including several large withdrawals at ATMs. Sakelarakis spent a portion of the funds at stores such as Armani Exchange, Foot Locker, Macy’s and Gamestop. In October and November 2017, Sakelarakis made several false representations in e-mails to the victim-investor relating to the status of the “investments” and the victim’s account. No funds were ever returned to the victim.
Judge Hall ordered Sakelarakis to pay full restitution, plus interest, to the victim.
Sakelarakis was arrested on October 15, 2018. On December 27, he pleaded guilty to one count of wire fraud.
Sakelarakis, who is released on a $60,000 bond, is required to report to prison on September 4, 2019.
This matter was investigated by the Federal Bureau of Investigation, Wilton Police Department and Greenwich Police Department, with the assistance of the Connecticut Department of Banking. The case was prosecuted by Assistant U.S. Attorney Michael S. McGarry and Law Student Intern Evan Marlow.
U.S. Attorney Durham noted that this case has been brought as part of the Justice Department’s Elder Justice Initiative (EJI). To learn more about EJI, please visit www.justice.gov/elderjustice.
Mexican National Man Pleads Guilty and is Sentenced for Immigration CrimeRead the Press Release
CHARLESTON, W.Va. – A Mexican national man pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Eric Armando Vega-Covarrubias, 38, was immediately sentenced to a “time served” sentence, having served nearly four months in federal custody. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).
“Vega-Covarrubias had two prior removals from two different states,” said United States Attorney Mike Stuart. “Let’s hope he doesn’t illegally reenter our country a fourth time.”
On March 25, 2019, Vega-Covarrubias was found in South Charleston, West Virginia by members of ICE who were conducting a field operation. ICE agents identified defendant get in a car and begin to drive away. The agents stopped the car. When defendant was stopped in his vehicle, he gave ICE agents a Mexican voter card and admitted being in the United States illegally. Vega-Covarrubias was arrested and ICE agents matched his fingerprints to previous removals from the United States. ICE agents spoke to defendant to confirm his identity. Vega-Covarrubias again admitted being in the United States illegally. Vega-Covarrubias had no identification documents permitting him legal status in the United States.
Fingerprinting matched Vega-Covarrubias to two prior removals from the United States. His previous removals were in 2012 from Atlanta, Georgia and in 2016 from Williston, North Dakota. In both cases, Vega-Covarrubias was found by immigration judges to be in the United States illegally and he was deported to Mexico. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Vega-Covarrubias further admitted to ICE agents that he was a Mexican citizen.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes handled the prosecution.
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Meridian Man Sentenced Under Project EJECT to over 3 Years in Prison for Illegally Possessing FirearmsRead the Press Release
Jackson, Miss. – Patrick Emanuel Battle, Sr., 48, of Meridian, was sentenced today by U.S. District Court Judge Carlton W. Reeves to 42 months in federal prison, followed by three years of supervised release, for being a felon in possession of firearms, announced U.S. Attorney Mike Hurst and Kirk Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Battle was also ordered to pay a $1,200 fine.
On November 15, 2018, deputies with the Lauderdale County Sheriff’s Office executed a search warrant at Battle’s home after they received information and pictures showing that Battle, a previously-convicted felon, was illegally in possession of multiple firearms. As a result of the search, five weapons, including a semi-automatic shotgun equipped with a large magazine, were found in the home. Battle has prior felony convictions for burglary of an automobile, possession of marijuana, and aggravated assault.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Charles W. Kirkham.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions 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.
Men Plead Guilty in $1 Million Prime Bank SchemeRead the Press Release
ALEXANDRIA, Va. – Two Michigan men pleaded guilty today for their roles in an advanced fee scheme involving phony Standby Letters of Credit supposedly issued by European banks.
According to court documents, Samuel John Abraham, 62, of Novi, and Kenneth Ross Thomas, 52, of Westland, conspired to defraud individuals and businesses desperate for credit by promising to arrange substantial lines of credit from European banks. In exchange for an up-front deposit of approximately $150,000 into an escrow account, Abraham, operating as Advanced Funding Group, using aliases such as “J. Samuel Ibrahim” and “Jamal S. Ibrahim,” and also posing as an attorney calling himself “John Wynn,” claimed that he could “lease” for clients a Standby Letter of Credit (SBLC) from a European Bank in the “face amount” of approximately $100 million. Of this large sum, clients were promised they could simply keep approximately $20 million as a “non-recourse loan.” A supposed “monetizer” would then use the remainder of the funds over the course of the year-long lease of the SBLC in order to engage in lucrative overseas trades (also known as “platform trading”), which would supposedly generate profits sufficient to repay the entire SBLC.
As part of the scheme, clients were directed to wire money to Escrow Agent Kenneth Thomas of “K. Thomas and Company Escrow Services.” In reality, the money was wired to the personal checking account of Kenneth Thomas, whose true profession was acting as Abraham’s chauffer and as a designer of cat towers. Thomas promptly provided most of the money to Abraham. According to the Superseding Indictment, Abraham then spent large sums of the money gambling at the Motor City Casino in Detroit, and on vehicles and a condominium. According to the Superseding Indictment, Abraham took in approximately $1million in proceeds from the fraud. Victims resided in Virginia, Arizona, Nevada, and other locations.
Standby Letters of Credit as marketed by the defendants do not exist and have long been the subject of public service announcements by the FBI and the Securities and Exchange Commission. Abraham has a prior federal conviction and also a permanent injunction entered against him by the SEC for operating the same scheme.
Thomas and Abraham pleaded guilty to conspiracy to commit wire fraud, and Abraham pleaded guilty to an additional count of wire fraud. Thomas and Abraham each face a maximum penalty of 20 years in prison when sentenced on October 4. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Charles Dayoub, Acting Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea. Special Assistant U.S. Attorney Russell L. Carlberg and Assistant U.S. Attorney Kimberly R. Pedersen are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-111.
Melissa Ashley Sentenced for Embezzlement of $32,000 in Social Security FundsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Melissa Ashley, 42, of Plattsburgh, New York, was sentenced today for embezzlement of Social Security funds over a three-year period. United States District Judge Christina Reiss sentenced Ashley to time-served, restitution in the amount of $32,066.64, and three years of supervised release.
According to court records, from at least 2010 to 2017, Ashley was the designated representative payee for receipt of Supplemental Security Income on behalf of her minor daughter. As representative payee, Ashley was obligated to use the SSI funds for the support and care of her daughter. In January 2014, Ashley’s daughter was removed from her care and taken into the custody of the Vermont Department of Children and Families. Ashley’s daughter eventually moved into a foster home, and never returned to Ashley’s custody. Nevertheless, Ashley did not inform the Social Security Administration that her daughter was no longer in her care, and continued to receive SSI benefits for the next three years.
This matter was investigated by the Social Security Administration, Office of Inspector General.
The government was represented by First Assistant U.S. Attorney Kevin J. Doyle. Ashley was represented by Steven L. Barth of the Federal Defender’s Office.
Maryland Man Facing Federal Indictment for Threatening a Member of CongressRead the Press Release
Baltimore, Maryland – A federal grand jury has indicted Darryl Albert Varnum, age 42, of Westminster, Maryland, on the federal charge of threatening a federal official. The indictment was returned on July 17, 2019, and Varnum will have his arraignment and detention hearing on August 5, 2019 in U.S. District Court in Baltimore.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur and Chief Steven A. Sund of the U.S. Capitol Police.
United States Attorney for the District of Maryland Robert K. Hur stated, “We take these types of violent threats extremely seriously. The investigation began immediately upon learning of the threats. Mr. Varnum was charged federally by criminal complaint and arrested on July 8th.”
According to the one-count indictment, on June 26, 2019, Varnum allegedly threatened to murder a member of the U.S. House of Representatives, with intent to impede, intimidate, and retaliate against that person on account of the performance of that person’s duties as a member of U.S. House of Representatives.
Varnum was arrested on July 8, 2019, on a federal criminal complaint. On July 10, 2019, U.S. Magistrate Judge Beth P. Gesner ordered that Varnum complete a 28-day inpatient program at the Shoemaker Center in Sykesville, Maryland, and return to the court at the conclusion of the program.
If convicted, Varnum faces a maximum sentence of 10 years in federal prison.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Capitol Police for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Kathleen O. Gavin, who is prosecuting the case.
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Martin Man Sentenced to 10 Years in Prison for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Martin, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eugene Dubray, age 28, was sentenced on July 16, 2019, to 10 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Dubray was indicted by a federal grand jury in February 2018. The charge related to Dubray forcibly engaging in sexual contact with a seven-year old victim in the laundry room area of a house at Sunrise Housing.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Dubray was immediately turned over to the custody of the U.S. Marshals Service.
Man Sentenced to Prison for Drug Trafficking ConspiracyRead the Press Release
RICHMOND, Va. – An Emporia man was sentenced today to more than 15 1/2 years in prison for his role in a multi-kilograms cocaine ring in Emporia.
According to court documents, Rondell Lundy, 32, entered into a conspiracy to distribute cocaine beginning in 2013 to 2017. From February 2017 through June 28, 2017, FBI agents monitored a court-ordered wiretap on several cellular telephones being used by conspiracy leader Deron Powell. Lundy was intercepted on numerous occasions speaking with Powell, and others, negotiating for the purchase of cocaine. Federal and state law enforcement conducted surveillance of Powell, as well as various residences in the Emporia area, and corroborated Lundy’s involvement in a conspiracy to distribute the cocaine. Intercepted recorded calls confirmed that Powell planned to purchase kilogram quantities of cocaine for approximately $35,000, and on one occasion, agreed to sell half of that kilogram to Lundy. As part of the plea agreement, Lundy admitted he is responsible for distributing four and one-half kilograms of cocaine.
The case was investigated by the FBI’s Richmond Area Violent Enterprises Task Force, as part of the Organized Crime Drug Enforcement Task Force’s (OCDETF), Operation Bulls Eye. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Ricky Pinksaw, Chief of the Emporia Police Department, William T. Jarratt Jr., Sheriff of the Greensville County Sheriff’s Office, and Colonel Gary T. Settle, Superintendent of the Virginia State Police, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Peter S. Duffey prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-14.
Man Sentenced for Two Robberies at Gunpoint and Firearms ViolationsRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that STEPHAN MITCHEL THOMAS, age 24, of Tangipahoa Parish, Louisiana, was sentenced today for federal firearms violations and Hobbs Act robberies.
According to court documents, THOMAS and others robbed drug dealers at gunpoint on July 11, 2016 and on September 1, 2016. For this conduct, THOMAS pleaded guilty to two counts of Hobbs Act robbery and one count of brandishing a firearm during a crime of violence. THOMAS also pleaded guilty to possessing a firearm silencer, a short-barrel rifle, and a sawed-off shotgun, without registering these firearms in the National Firearms Registration and Transfer Record.
U.S. District Judge Ivan L.R. Lemelle sentenced THOMAS to 113 months of imprisonment, 5 years of supervised release after imprisonment, and a mandatory special assessment of $600.
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 Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hammond Police Department, St. Tammany Parish Sheriff’s Office, and the
MCI-Cedar Junction Inmate Sentenced on Drug ChargesRead the Press Release
BOSTON – An MCI-Cedar Junction inmate was sentenced today in federal court in Boston in connection with smuggling drugs into the facility.
William Guillemette, 39, an inmate at Massachusetts Correctional Institute – Cedar Junction (MCI-CJ) in South Walpole, was sentenced by U.S. District Court Judge Indira Talwani to 18 months in prison to be served consecutive to the state sentence he is currently serving and three years of supervised release. In April 2019, Guillemette pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam.
In September 2018, William Guillemette was indicted along with his mother, Margaret Guillemette, 58; his wife, Lisa Guillemette, 42; and Chad Connors, 42, also an MCI-CJ inmate.
William Guillemette and Chad Connors were inmates housed at MCI-CJ’s Departmental Disciplinary Unit (DDU). Connors was involved in a romantic relationship Christine Ramos, a nurse assigned to the DDU. At Connors’ request, Ramos agreed to smuggle contraband, including controlled substances, into MCI-CJ. In order to do this, Ramos opened two P.O. Boxes through a third party. Connors sent letters and money to Ramos at these P.O. Boxes and, at William Guillemette’s direction, Lisa and Margaret Guillemette, obtained and sent Suboxone and Alprazolam to the P.O. Boxes. Ramos subsequently smuggled the drugs into the DDU and delivered them to Connors. William Guillemette and Connors distributed the drugs to other inmates, who sent checks to Lisa and Margaret Guillemette as payment for the drugs. Suboxone and Alprazolam are Schedule III and Schedule IV controlled substances, respectively.
Chad Connors and Lisa Guillemette previously pleaded guilty and are awaiting sentencing. Margaret Guillemette pleaded guilty and was sentenced to time served (five days), two years of supervised release and 200 hours of community service. Ramos pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam and was sentenced two years of probation.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today.
Local Inmate Sentenced to 10 Years for Threatening Anthrax UseRead the Press Release
PENSACOLA, FLORIDA –Justin B. Lane, 35, was sentenced to 10 years in federal prison today after pleading guilty to mailing threatening communications to state prosecutors in Central Florida and threatening to use a weapon of mass destruction. The sentence was announced by Lawrence Keefe, United States Attorney for the Northern District of Florida.
In August 2017, while incarcerated on other matters in the Santa Rosa Correctional Institution in Milton, Florida, Lane mailed two letters to the Polk County State Attorney’s Office threatening to use anthrax. The two letters contained a white powdery substance that Lane claimed to be anthrax, and the letters stated that whoever opened the letters was going to die. The letters were opened by support staff in the state prosecutor’s office and biothreat protocols were initiated for fear of danger to life. Lane was sentenced as a career offender based on previous convictions, including a prior conviction for engaging in similar acts in West Palm Beach. The federal sentence imposed on Lane today will be served consecutively to all sentences Lane is currently serving.
"This office takes seriously any threat against citizens, and especially against those who are sworn to uphold the law," U.S. Attorney Keefe said.
This case resulted from an investigation by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. Assistant United States Attorney David L. Goldberg prosecuted the case.
"While we determined that the mailings did not contain harmful substances, both of these incidents required significant law enforcement response, which comes at a cost to taxpayers and limits resources for actual emergencies," said Rachel Rojas, Special Agent in Charge of the FBI Jacksonville Division. "This case demonstrates the commitment of the FBI and our law enforcement partners to fully investigate threatening behavior directed toward disrupting the justice system."
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html
Liberian National Attempting to Gain Legal Status Convicted of Presenting Perjured Documents, Making False StatementRead the Press Release
PROVIDENCE – An international soccer player from Liberia has been convicted by a federal court jury in Providence of lying to immigration officials and providing false information on immigration documents in an attempt to gain legal status in the United States.
The jury convicted Prince Mark Boley, 30, of presentation of a perjured immigration document and false statements, announced United States Attorney Aaron L. Weisman, Denis C. Riordan, District Director for U.S. Citizenship and Immigration Services District 1, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
The Court declared a mistrial on a charge of marriage fraud to evade deportation after the jury was unable to reach a unanimous verdict on that charge.
According to the government’s evidence presented at trial, Boley entered the United States on a non-immigrant six-month visa on July 24, 2015, valid until January 23, 2016. It was extended for six months to July 2016.
In December 2015, Boley was introduced to a Rhode Island woman by his niece who, at a later date on behalf of Boley, asked the woman if she would marry Boley in order for him to obtain a green card and legal status in the United States. The woman agreed, and they were married in a civil ceremony on May 13, 2016. A marriage license and marriage certificate were filed in Lincoln, the town in which the woman resided. Boley continued to live at his Providence residence.
In September 2016, Boley and the woman signed and submitted U.S. Citizenship and Immigration Services (USCIS) forms as Boley sought to obtain permanent legal status in the United States, based on marriage to a U.S. citizen. Both stated on their respective forms that their home address was the woman’s Lincoln residence. Their signatures certified truthfulness under penalty of perjury.
On June 8, 2017, as part of the standard immigration application process, Boley and the woman were interviewed in person, at times separately, by a USCIS officer. Both reported that they were then living together in a Harrisville, R.I. residence. During her interview with the USCIS officer, in an attempt to establish that the two had a relationship, the woman allowed the officer to review text messages on her cell phone between her and Boley. While the agent was reviewing the text messages, a new text arrived from someone other than Boley indicating she had sexual relations with someone other than Boley. The woman admitted to the agent to recently having had sex with that individual.
Due to inconsistencies in information developed by USCIS and the text message viewed by the officer, the USCIS interviewer suspected fraud and turned the matter over to the USCIS Fraud Unit. The fraud unit’s investigation included a visit to the Harrisville residence where they found little or no proof that the two were living together as a married couple. The matter was then referred to Immigration and Custom Enforcement (ICE) criminal investigators.
At trial, the woman testified that her marriage to Boley was a sham, and that she married Boley solely for the purpose of him obtaining a green card. She testified that she and Boley did not live together and never had a physical relationship, but that Boley did take steps to create a paper trail that he resided with her, such as having some of his mail sent to her address where he did not live.
A neighbor who lived across the hall from the woman testified that Boley never lived at the residence.
Boley is scheduled to be sentenced on November 7, 2019, by U.S. District Court Chief Judge William E. Smith, who presided over the three-day trial.
Presentation of a perjured immigration document and false statements are punishable by statutory penalties of up to 5 years imprisonment, 3 years supervised release, and a fine of $250,000.
The case is being prosecuted by Assistant United States Attorney Zechariah Chafee.
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Lafayette felon sentenced for illegal possession of firearmRead the Press Release
LAFAYETTE, La. – Nicholas Joseph Felix, 27, of Lafayette, was sentenced today to 37 months in prison and three years of supervised release by U.S. District Judge James D. Cain Jr. for possession of a firearm by a convicted felon, announced U.S. Attorney David C. Joseph. Felix pleaded guilty on March 11, 2019.
During a traffic stop of Felix’s vehicle on May 6, 2018, Lafayette police officers approached the vehicle and encountered the smell of burnt marijuana. They searched his vehicle and found a Charter Arms, Model Bulldog, .44 Special revolver in the trunk. Nicholas Felix has two prior felony convictions for aggravated battery and obstruction of justice. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition.
The ATF and Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Danny Siefker prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods 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.
Lafayette business owner sentenced for stealing nearly $300,000 from three finance companiesRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that Leonard Espree, 56, formerly of Lafayette, was sentenced to 20 months in prison and five years of supervised release by U.S. District Judge James D. Cain Jr. for stealing nearly $300,000 from three finance companies. Espree was also ordered to pay $294,292.12 restitution. He pleaded guilty April 3, 2019.
Leonard Espree was the owner and operator of Ameritek Office Solutions in Lafayette, which sold and serviced office equipment. Espree submitted false documentation in the names of existing local businesses to three finance companies in 2015 and 2016 to obtain payment for office equipment supposedly supplied to these businesses. The three companies approved eight of the transactions for which Espree received a total of $294,292.12. However, Espree never sold or delivered equipment to any of the businesses.
The FBI investigated the case. Assistant U.S. Attorney David J. Ayo prosecuted the case.
Ky Feds Applaud Progress in Fight Alongside State Partners in Reducing Od DeathsRead the Press Release
One overdose death is too many in Kentucky
LOUISVILLE, Ky. – United States Attorneys Russell Coleman and Robert M. Duncan, Jr. applauded the work today of federal, state, and local law enforcement and health professionals as the overdose death rate in Kentucky took a significant dip with 233 fewer drug fatalities in 2018 than there were in 2017. While the decrease marks an improvement 1,333 Kentuckians lost to dangerous drugs are far too many in any state.
Federal prosecutors will continue to work hand-in-hand with state and local law enforcement agencies to have a significant impact in the fight against heroin and meth in Kentucky. Federal prosecutors sitting in the Eastern and Western Districts are actively prosecuting overdose cases where as little as one pill has caused death or serious bodily injury. U.S. Attorney’s Coleman and Duncan acknowledge treatment and prevention efforts are key in solving the crisis, however, enforcement will also remain a vital deterrent.
“Today’s announcement of a 15% decrease in the number overdose deaths in the Commonwealth is certainly positive news and a step in the right direction,” said United States Attorney Robert M. Duncan, Jr. “However, we all recognize there is still work to be done. We remain committed to using all available tools to combat this crisis, including vigorously prosecuting unlawful opioid traffickers, partnering to conduct community outreach and education, and encouraging those needing help to seek treatment.”
“We’re not there yet,” said U.S. Attorney Russell Coleman. “But lives saved last year demonstrates that unity of effort amongst federal, state, and local law enforcement is gaining ground in this fight.”
The Eastern and Western District United States Attorney’s Offices are actively pursuing the cartels that supply the majority of illegal synthetic opioids, like Fentanyl, to the Commonwealth. In addition both offices have Heroin Education Action Teams (USA HEAT) that are aimed at reducing the harm to Kentucky families and communities caused by heroin/opiate abuse by increasing community understanding of this epidemic. USA HEAT is a partnership between the United States Attorney’s Office for the Eastern and Western District of Kentucky and families who have lost a loved one to opiate overdose. These courageous moms, dads, brothers, sisters and children share their story in order to help others avoid the grief of losing a family member to a drug overdose. The Eastern District of Kentucky also utilizes Operation Synthetic Opioid Surge (SOS) in Fayette County dedicated to reducing access to illicit fentanyl.
The Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement is also bringing dividends on the enforcement front. ARPO brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for nine federal districts in five states, as well as law enforcement partners at the Federal Bureau of Investigation (FBI), U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
Both districts also utilize Appalachia HIDTA task forces, with the mission to enhance and coordinate drug enforcement efforts of local, state and federal law enforcement agencies within areas designated as High Intensity Drug Trafficking Areas by pursuing the disruption/dismantlement of Drug Trafficking Organizations, particularly as it relates to the specific drug threat of the Appalachian region.
Killingly Restaurant to Make Changes to Comply with Americans with Disabilities ActRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with the Golden Greek Restaurant and Pub in Killingly to resolve allegations that the restaurant was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”).
The settlement agreement resolves an ADA complaint filed by an individual with disabilities alleging that the Golden Greek was not accessible for individuals with physical disabilities. The restaurant is in the process of making the changes required by the settlement agreement, including adding accessible parking spaces, creating accessible entrances to the restaurant and patio area, and renovating the restaurant’s restrooms to make them accessible for individuals with disabilities. The restaurant will also implement new policies providing curbside carry out service for individuals with mobility disabilities and table service to individuals in wheelchairs in the restaurant’s bar area. The Golden Greek will continue to make improvements over the next 22 months.
Under federal law, private entities that own or operate places of “public accommodation,” including restaurants and bars, are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Durham noted that the ownership of the Golden Greek has worked cooperatively and collaboratively with the U.S. Attorney’s Office to address the ADA issues complained of without the need for litigation.
“The Americans with Disabilities Act ensures that individuals are able to access and enjoy the state’s restaurants, bars, and other places of public accommodation,” stated U.S. Attorney Durham. “The U.S. Attorney’s Office is committed to enforcing the ADA in order to ensure that places of public accommodation in the State of Connecticut are accessible for individuals with disabilities. We appreciate that the Golden Greek has agreed to take the steps outlined in the settlement agreement in order to greatly increase the accessibility of its facility,” said U.S. Attorney Durham.
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
KY Feds Applaud Progress in Fight Alongside State Partners in Reducing OD DeathsRead the Press Release
LOUISVILLE, Ky. – United States Attorneys Russell Coleman and Robert M. Duncan, Jr. applauded the work today of federal, state, and local law enforcement and health professionals as the overdose death rate in Kentucky took a significant dip with 233 fewer drug fatalities in 2018 than there were in 2017. While the decrease marks an improvement 1,333 Kentuckians lost to dangerous drugs are far too many in any state.
Federal prosecutors will continue to work hand-in-hand with state and local law enforcement agencies to have a significant impact in the fight against heroin and meth in Kentucky. Federal prosecutors sitting in the Eastern and Western Districts are actively prosecuting overdose cases where as little as one pill has caused death or serious bodily injury. U.S. Attorney’s Coleman and Duncan acknowledge treatment and prevention efforts are key in solving the crisis, however, enforcement will also remain a vital deterrent.
“Today’s announcement of a 15% decrease in the number overdose deaths in the Commonwealth is certainly positive news and a step in the right direction,” said United States Attorney Robert M. Duncan, Jr. “However, we all recognize there is still work to be done. We remain committed to using all available tools to combat this crisis, including vigorously prosecuting unlawful opioid traffickers, partnering to conduct community outreach and education, and encouraging those needing help to seek treatment.”
“We’re not there yet,” said U.S. Attorney Russell Coleman. “But lives saved last year demonstrates that unity of effort amongst federal, state, and local law enforcement is gaining ground in this fight.”
The Eastern and Western District United States Attorney’s Offices are actively pursuing the cartels that supply the majority of illegal synthetic opioids, like Fentanyl, to the Commonwealth. In addition both offices have Heroin Education Action Teams (USA HEAT) that are aimed at reducing the harm to Kentucky families and communities caused by heroin/opiate abuse by increasing community understanding of this epidemic. USA HEAT is a partnership between the United States Attorney’s Office for the Eastern and Western District of Kentucky and families who have lost a loved one to opiate overdose. These courageous moms, dads, brothers, sisters and children share their story in order to help others avoid the grief of losing a family member to a drug overdose. The Eastern District of Kentucky also utilizes Operation Synthetic Opioid Surge (SOS) in Fayette County dedicated to reducing access to illicit fentanyl.
The Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement is also bringing dividends on the enforcement front. ARPO brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for nine federal districts in five states, as well as law enforcement partners at the Federal Bureau of Investigation (FBI), U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
Both districts also utilize Appalachia HIDTA task forces, with the mission to enhance and coordinate drug enforcement efforts of local, state and federal law enforcement agencies within areas designated as High Intensity Drug Trafficking Areas by pursuing the disruption/dismantlement of Drug Trafficking Organizations, particularly as it relates to the specific drug threat of the Appalachian region.
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Justice Department Launches National Public Safety Partnership with Amarillo Police DepartmentRead the Press Release
Today, officials from the Department of Justice's Bureau of Justice Assistance, the United States Attorney's Office's Northern District of Texas, the Amarillo Police Department and other law enforcement agencies convened in Amarillo, TX to kick off Amarillo’s National Public Safety Partnership (PSP) with a listening session.
Last month, Attorney General William Barr announced the selection of the Amarillo Police Department as one of ten FY 2019 PSP sites where the Justice Department will work collaboratively to provide training and technical assistance in areas such as crime analytics, emerging technology and community engagement. This Justice Department program is a three-year engagement that seeks to leverage department assets in support of a local jurisdictions' commitment to drive down violent crime.
Since 2017, the Justice Department has directed nearly $14.9 million in customized training and technical assistance to help build crime fighting capacity in PSP sites, including $6.6 million to support the FY 2019 sites through FY 2022. PSP seeks to bring law enforcement stakeholders together to work collaboratively in reducing violent crime attributed to felonious firearm use, drug trafficking and human trafficking.
“Today our team is on-site in Amarillo to collaborate with local law enforcement officials in their mission to improve public safety and drive down violent crime,” said Jon Adler, Director of the Bureau of Justice Assistance. "Through the Public Safety Partnership, we are committed to fulfilling the Attorney General's priority of supporting local law enforcement combat violent gangs, felonious firearms use and drug trafficking," added Adler.
“Our Project Safe Neighborhoods partnership with state and local law enforcement in Amarillo has already proven enormously successful,” said U.S. Attorney for the Northern District of Texas Erin Nealy Cox. “I’m confident that by bringing even more federal resources to bear here, we can make a significant dent in the crime occurring in the Panhandle.”
Since 2017, the Justice Department has worked with more than 30 local jurisdictions under the nationwide PSP program. Many participating cities have already seen dramatic reductions in violent crime. New Orleans ended 2018 with 146 murders, the lowest number of murders since the early 1970s. In Milwaukee, homicides declined in 2018 for a third straight year after hitting a deadly peak in 2015.
Agencies in attendance at this meeting will include the U.S. Attorney’s Office, Northern District of Texas; the Office of Justice Programs; the Federal Bureau of Investigation; the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; the U.S. Drug Enforcement Administration; the U.S. Marshals Service; Amarillo Police Department; the Texas Department of Public Safety; the Potter County Sheriff’s Office; the Potter County District Attorney’s Office; the Potter County Attorney’s Office; the Randall County Sheriff’s Office; the Randal County District Attorney’s Office; and Mayor Ginger Nelson’s Office.
For more information about PSP, visit https://www.nationalpublicsafetypartnership.org.
Jury Convicts Twiggs County Meth TraffickerRead the Press Release
MACON – A Twiggs County woman is facing a maximum of life in prison after a jury found her guilty for attempting to sell more than 300 grams of methamphetamine, said U.S. Attorney Charles “Charlie” Peeler. Tiffany Sauls, 25, of Danville, Georgia, was convicted on July 16, 2019 for one count of Possession with Intent to Distribute Methamphetamine following a two-day trial before the Honorable Marc Treadwell. It took the jury only an hour and a half to return the guilty verdict. She will be sentenced October 22, 2019.
According to the facts presented at trial, Ms. Sauls was arrested on September 29, 2018, in Twiggs County along I-16 during a traffic stop. Officers smelled marijuana and, during the legal search, located 302.61 grams of methamphetamine with 99% purity. A digital scale as well as baggies were found during the search. A witness testified that Ms. Sauls bragged about hitting the “lottery” when she picked up the drugs from her Atlanta supplier.
“Be assured, Ms. Sauls did not win the lottery when she attempted to distribute more than three-hundred grams of methamphetamine in our state. She has earned significant prison time for her crimes,” said U.S. Attorney Charlie Peeler. “The consequences of trafficking this illegal, deadly poison are severe, and we will continue to prosecute those who endanger our communities. I want to thank the Twiggs County Sheriff’s Office for their work in this case.”
The case was investigated by the Twiggs County Sheriff’s Office, the U.S. Drug Enforcement Administration, and the Georgia Bureau of Investigation. Assistant U.S. Attorneys C. Shanelle Booker and Steven Ouzts are prosecuting the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
July Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 15 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Severiano Barrera Roman, age 28, is charged with illegal reentry after deportation following a felony conviction on or about June 25, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Ruben Estuardo Cambara Cambara, age 40, is charged with illegal reentry after deportation on or about June 25, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Julio Carias Munoz, age 52, is charged with illegal reentry after deportation on or about July 12, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Ramon Grijalba-Lopez, age 33, is charged with illegal reentry after deportation on or about July 10, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Michael G. Hymes, age 39, is charged with Bank Robbery by force from an employee at Creighton Federal Credit Union in the approximate amount of $4,000.00 on or about July 15, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Noe Juarez-Garcia, age 36, is charged with illegal reentry after deportation on or about June 28, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Luis Maria-Aguado, age 32, is charged with kidnapping on or about May 6, 2019. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Alexis Martinez-Chino, age 24, is charged with illegal reentry after deportation on or about June 18, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Martin Trujillo Munoz, age 26, is charged with illegal reentry after deportation on or about June 19, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Jason David Oetter, age 47, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on April 29, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Jose Ivan Rodriguez Pacheco, age 35, is charged in a two-count Indictment. Count I charges the defendant with fraud, misuse of visas, permits and other documents beginning on or about September 9, 2014. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with falsely representing a social security number on or about September 9, 2014. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Tapia Santos Diaz, age 32, is charged with illegal reentry after deportation on or about July 6, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Miguel Angel Simon-Martinez, age 23, is charged with illegal reentry after deportation on or about July 9, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Kenneth Wayne Smith, age 42, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on May 24, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
* Russell Eugene Westerfield a/k/a Russell E. Ritter-Westerfield, a/k/a Russell Ugene Westerfield, a/k/a Russell Eugene Ritter, age 42, is charged with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, (actual) and 500 grams or more of methamphetamine (mixture) beginning on or about August 1, 2017 and continuing to on or about September 27, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
Jackson Man Pleads Guilty under Project EJECT to Illegally Possessing GunRead the Press Release
Jackson, Miss. – Johnny Jerome Morgan, 38, of Jackson, pled guilty today before U.S. District Court Judge Henry T. Wingate to being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Kirk Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On December 30, 2018, Jackson police officers responded to a call requesting assistance from a woman to enter her residence to retrieve her belongings. The woman needed police assistance because her boyfriend, Johnny Jerome Morgan, was inside and she was afraid that he might hurt her when he realized she was leaving. The woman alerted the officers that Morgan was a convicted felon and had an assault rifle inside the residence. Morgan was inside the residence when police entered. The officers found the assault rifle where the woman told them it would be. Morgan denied owning or possessing the rifle, but evidence in the form of pictures, witness statements and a recorded phone call all indicated that Morgan purchased the rifle a few years earlier.
Morgan was indicted by a federal grand jury on April 3, 2019. He will be sentenced by Judge Wingate on October 16, 2019, and faces a maximum penalty of ten years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Charles W. Kirkham.This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions 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.
Individual Arrested for Defrauding Investors in Stock Trading SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Garrett O’Rourke, also known as “Jonathan Banks,” with engaging in a fraudulent scheme to artificially control the price and volume of AVI Group Inc., a publicly-traded company listed under the OTC ticker symbol “AVOP,” by making false and misleading statements to investors. AVOP purported to be a holding company focusing on acquisitions and joint ventures, including the development of dental equipment, a “vape superstore” and lighting technology. O’Rourke was arrested yesterday at John F. Kennedy International Airport, made his initial appearance this afternoon before United States Magistrate Judge Steven M. Gold and was released on a $1 million bond.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
According to court filings, between April 2016 and June 2017, O’Rourke engaged in a securities fraud conspiracy to mislead investors into purchasing shares of AVOP by claiming, among other things, that he and his co-conspirators worked for Marketwise Report, a purported investment advising firm located in Florida that offered stock advice to clients. In reality, O’Rourke and his co-conspirators did not work for this fictitious entity and instead worked in call rooms based in Florida and Medellin, Colombia. O’Rourke and his co-conspirators made misrepresentations and false statements to induce investors to purchase and retain AVOP stock in order to profit for themselves. By persuading numerous investors to purchase AVOP stock, O’Rourke and his co-conspirators were able to “pump” AVOP’s stock price. Then, once the stock price had artificially increased, a co-conspirator “dumped” over $2 million in shares at the artificially inflated prices and shared the profits from the sale with O’Rourke and other co-conspirators.
“As alleged in the complaint, O’Rourke supervised a call room in Florida where he and his co-conspirator fraudsters fleeced investors by spinning false claims about a publicly traded stock in a classic pump and dump scheme designed to line their own pockets,” stated United States Attorney Donoghue. “The defendant’s arrest demonstrates this Office’s commitment to protecting the investing public and vigorously prosecuting those who undermine the integrity of the financial markets.” Mr. Donoghue expressed his grateful appreciation to the Securities and Exchange Commission, both the New York and Boston Regional Offices, for their assistance with the investigation.
“It’s important for investors to know these pump-and-dump schemes still exist,” stated FBI Assistant Director-in-Charge Sweeney. “While O’Rourke faces charges for the crimes he allegedly committed, there are others out there who seek to take advantage of people who unwittingly invest more than their hard-earned money on lies they’re sold. We urge the general public to exercise due diligence with any investment they plan to make, and to look out for friends and family who might be easily swindled by crooks who are up to no good.”
The charges in the complaint are allegations and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Business & Securities Fraud Section. Assistant United States Attorney Hiral D. Mehta is in charge of the prosecution.
The Defendant:
GARRETT O’ROURKE (also known as “Jonathan Banks”)
Age: 31
Miami Beach, FloridaE.D.N.Y. Docket No. 19-MJ-644
Indianapolis Man Sentenced to 30 Years for Role in Jennings County Robbery and Murder CaseRead the Press Release
INDIANAPOLIS - United States Attorney Josh J. Minkler, announced today an Indianapolis man was sentenced for his role in the murder and robbery of Scott D. Maxie, the owner of a federally licensed gun store near North Vernon, Indiana. Darion Dashon Harris 24, was sentenced to 30 years in federal prison by U. S. District Judge Sarah Evans Barker at the federal courthouse in Indianapolis.
"This type of violence is something no family or community should have to face," said Minkler. "Judge Barker sent a loud and clear message that gun violence will not be tolerated in the Southern District of Indiana and those committing violent crimes will be held accountable."
On September 20, 2014, Harris, along with Darryl Worthen and Dejuan Worthen traveled from Indianapolis to North Vernon to see what inventory was inside the Muscatatuck Outdoors Gun Shop and made plans to rob the owner, Scott Maxie. They drove back to Indianapolis only to return the following day to commit the robbery.
After returning to the gun store on September 21, 2014, one of the defendants disconnected a security camera inside the gun shop. During the robbery, Darryl Worthen shot and killed Maxey with a semiautomatic handgun. While Maxie lay dying, all the defendants stole 45 firearms from the gun shop and returned to Indianapolis. Once home with the guns, the defendants sold and distributed many of the firearms and kept several for themselves.
At the sentencing hearing, Assistant United States Attorney Barry D. Glickman told the Court "this was a senseless, cold and brutal robbery and murder of a kind, decent and gentle soul."
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police, Indianapolis Metropolitan Police Department, Jennings County Sheriff’s Department and the Jennings County Prosecutor’s Office.
"Violent crime will not be tolerated in this community," said Jennings County Prosecuting Attorney Brian Belding. "The individuals responsible should be punished to the fullest extent of the law. The decision to have these individuals charged federally was made after thoughtful consultation with the family members. My goal was that the individuals responsible for this heinous act serve the maximum sentence under the law. This was accomplished under the federal sentencing guidelines. My heart goes out to Mr. Maxie’s family, friends, and loved ones."
According to Assistant U.S. Attorneys Barry D. Glickman and William L. McCoskey, who prosecuted this case for the government, Harris must serve three years of supervised release after his sentence.
Harris’ co-defendant Darryl Worthen was sentenced by Judge Barker to 60 years’ imprisonment in November of 2015. The remaining defendant, DeJuan Worthen, has filed a petition to enter a plea of guilty and will enter his plea before and be sentenced by Judge Barker at a date to be announced.
Houston Woman Pleads Guilty in Methamphetamine-Trafficking ConspiracyRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that ANGEL RENEE VIDAURE, age 38, of Houston, pled guilty on Wednesday, July 17, 2019 to conspiring to distribute and possess with the intent to distribute 500 grams or more of a mixture containing methamphetamine. For this offense, she faces a mandatory minimum sentence of ten years in prison, a maximum life sentence, a fine of up to $10,000,000, and at least five years of supervised release.
VIDAURE was one of 11 defendants charged in a 23-count federal indictment. Specifically, the indictment alleges that VIDAURE conspired to sell large quantities of methamphetamine with codefendants Stefen Daigle, Peter Giandalone, Paul Melancon, Jeffrey Clines, Jacob Higginbotham, James Hatch, Eulalio Torres-Cadenas, Delio Alfredo Lopez-Lopez, Lindsey Lopez, and Julien Polk. The indictment also alleges a number of individual acts of distributing and possessing with intent to distribute methamphetamine, as well as firearm offenses. Law enforcement developed evidence against this group of defendants using controlled purchases of methamphetamine, traffic stops and seizures, consensually recorded text messages and phone calls, search warrants, cooperator information, and self-incriminating statements.
U.S. District Judge Susie Morgan set sentencing for VIDAURE on October 22, 2019.
U.S. Attorney Strasser praised the work of the United States Postal Inspection Service, Louisiana State Police, Jefferson Parish Sheriff’s Office, Texas Department of Public Safety, Texas Highway Patrol, Montgomery County (Texas) Sheriff’s Office, Immigration and Customs Enforcement, AMTRAK Police, and the Orleans Parish District Attorney’s Office. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
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Honduran National Sentenced for Illegal Re-entryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that DANILO ORLANDO GARCIA HERNANDEZ, age 33, a citizen of Honduras, was sentenced onn Wednesday, July 17, 2019 after pleading guilty to a one-count Bill of Information for illegally re-entering the United States in violation of Title 8, United States Code, Section 1326(a).
According to court documents, GARCIA HERNANDEZ was found in the United States on or about May 1, 2019, after having been previously removed therefrom on or about August 18, 2008. GARCIA HERNANDEZ pled guilty as charged today and United States District Court Judge Susie Morgan sentenced GARCIA HERNANDEZ to time served and a $100 special assessment fee. The defendant will be surrendered to the custody of Immigration and Customs Enforcement for removal proceedings.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security, Customs and Border Protection in investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
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Hartford Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ANTHONY PENA, 25, of Hartford, pleaded guilty yesterday before U.S. District Judge Janet Bond Arterton in New Haven to one count of unlawful possession of a firearm by a felon.
According to court documents and statements made in court, on June 24, 2018, acting on informant information, members of the Hartford Police Department responded to the area of 862 Albany Avenue. There, they found Mr. Pena in the driver’s seat of a parked vehicle. A search of the vehicle revealed a loaded Glock 21 .45 caliber firearm with an extended magazine. The firearm had been reported stolen in North Carolina in 2012.
In May 2012, Pena was convicted in state court of robbery in the first degree and conspiracy to commit robbery in the first degree. In May 2014, he was convicted of failure to appear in the first degree.
Judge Arterton scheduled sentencing for October 9, 2019, at which time Pena faces a maximum term of imprisonment of 10 years.
Pena has been detained since his federal arrest on June 24, 2018.
This matter is being investigated by the FBI’s Connecticut Violent Crime Task Force and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Jennifer R. Laraia.
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.
Hartford Man Charged with Being Felon in Possession of ExplosivesRead the Press Release
United States Attorney Ron Parsons announced that a Hartford, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Explosives and Unlicensed Receipt of Explosive Materials.
Gerald “Jerry” Eldon Gosmire, age 60, was indicted on July 9, 2019. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 17, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund per count. Restitution may also be ordered.
The Indictment alleges that on or about November 27, 2018, Gosmire, having been convicted of a crime punishable by imprisonment exceeding one year, and knowing he was not licensed or permitted to transport explosives, knowingly possessed and transported explosive materials.
The charges are merely accusations and Gosmire is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Gosmire was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Harrisburg Man Indicted for Illegal Possession of A MachinegunRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jacob Soto, age 22, of Harrisburg, Pennsylvania, was indicted on July 17, 2019, by a federal grand jury for illegal possession of a machinegun.
According to United States Attorney David J. Freed, the indictment alleges that Soto possessed a semiautomatic pistol equipped with a Glock-Compatible Auto Switch in Harrisburg on December 11, 2018.
The case was investigated by the Harrisburg City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Johnny Baer is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is a term of 10 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments yesterday. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Madison Man Charged with Distributing Heroin
Anthony Nance, 29, Madison, Wisconsin, is charged with four counts of distributing heroin and two counts of possessing heroin with the intent to distribute. The indictment alleges that he committed these offenses in April and June 2019. One of the counts alleges that he possessed 100 grams or more of heroin, and one count alleges he possessed 500 grams or more of heroin.
If convicted, Nance faces a mandatory minimum five years to a maximum of 40 years in federal prison on the counts alleging 100 grams and 500 grams or more of heroin, and 20 years on the other four counts.
The charges against him are the result of an investigation by the Dane County Narcotics Task Force. Assistant U.S. Attorney Aaron Wegner is handling the prosecution.
La Crosse Man Charged with Distributing Heroin
David Wims, 40, La Crosse, Wisconsin, is charged with distributing heroin and with possessing heroin with intent to distribute. The indictment alleges that he distributed heroin on May 9, 2019, and he possessed heroin with intent to distribute on June 5, 2019.
If convicted, Wims faces a maximum penalty of 20 years in federal prison on each count. The charges against him are the result of an investigation by the La Crosse Police Department and Wisconsin Department of Justice Division of Criminal Investigation. Assistant U.S. Attorney Diane Schlipper is handling the prosecution.
Madison Man Charged with Gun Crimes
Travis L. Hicks, 24, Madison, Wisconsin, is charged with two counts of being a felon in possession of a firearm. The indictment alleges that on from January 21 to January 22, 2019, he possessed a 7.62 caliber firearm, and from January 22, 2019 to March 5, 2019, he possessed a 9mm pistol.
If convicted, Hicks faces a maximum penalty of 10 years in federal prison on each charge. The charges against him are the result of an investigation by the Madison Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan is handling the prosecution.
Eau Claire Man Charged with Illegally Possessing a Firearm
Lamont Davis, 30, Eau Claire, Wisconsin, is charged with being a felon in possession of a firearm. The indictment alleges that on July 3, 2019, he possessed a 9mm pistol.
If convicted, Davis faces a maximum penalty of 10 years in federal prison. The charge against him are the result of an investigation by the Eau Claire Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Julie Pfluger is handling the prosecution.
Tomah Man Charged with Being a Felon in Possession of a Loaded Firearm
Isaac Morales, 43, Tomah, Wisconsin, is charged with being a felon in possession of a firearm. The indictment alleges that on February 15, 2019, he possessed a loaded 9mm pistol and 9mm ammunition.
If convicted, Morales faces a maximum penalty of 10 years in federal prison. The charge against him are the result of an investigation by the Monroe County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Rita Rumbelow is handling the prosecution.
Madison Man Charged with Illegally Possessing a Firearm
Malcolm Whiteside, 27, Madison, Wisconsin, is charged with being a felon in possession of a firearm. The indictment alleges that on July 9, 2019, he possessed a 9mm handgun.
If convicted, Whiteside faces a maximum penalty of 10 years in federal prison. The charge against him are the result of an investigation by the Madison Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Rita Rumbelow is handling the prosecution.
The indictment against Hicks, Davis, Morales, and Whiteside have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Grand Island Man Indicted by A Grand Jury for Robbing Two BanksRead 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 a federal grand jury has returned a six-count indictment charging Timothy L. Mulvey, 32, of Grand Island, NY, with aggravated bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated according to the indictment, on June 27, 2018, the defendant robbed the Northwest Savings Bank on Grand Island Boulevard, on Grand Island. During the robbery, Mulvey displayed a weapon when demanding money from a bank teller.
Subsequently, on July 11, 2018, the defendant robbed the M&T Bank on Military Road in Niagara Falls, NY. Once again, Mulvey displayed a weapon during the robbery.
“I commend the Erie County Sheriff’s Office and the Niagara Falls Police Department for the tremendous work they did in investigating these bank robberies,” stated U.S. Attorney Kennedy. “Working with the FBI, our dedicated and professional partners in local law enforcement worked diligently for over a year to conduct a thorough and exhaustive investigation which culminated in the charges contained in this indictment. The citizen of both Erie and Niagara County are well served by the many dedicated men and women of state, county, and local law enforcement who truly stand on the front line of our defense against violent criminals.”
The defendant was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and was detained.
The indictment is the result of an investigation by 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; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
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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Georgia man who hacked professional athletes and musicians sentenced to prisonRead the Press Release
ATLANTA - Kwamaine Jerell Ford has been sentenced to federal prison for hacking into more than 100 Apple accounts belonging to high-profile professional athletes and rappers and spending nearly $325,000 using stolen financial information from several of these victims.
“Ford targeted celebrities and professional athletes in his identity theft scheme and used credit card information stolen from these victims to fund his personal lifestyle,” said U.S. Attorney Byung J. “BJay” Pak. “Citizens should remember that anyone can fall prey to identity theft, and they should be vigilant in protecting their personal information.”
“In today’s high tech world, citizens entrust their personal information to a number of service providers and expect that information to be protected,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Unfortunately, identity thieves are becoming more creative and more devious. But the FBI’s dedicated agents are determined to keep up with that devious creativity to protect our citizens and bring suspects like Ford to justice.”
According to U.S. Attorney Pak, the charges and other information presented in court: Beginning in at least March 2015, Ford targeted college and professional athletes, including NBA and NFL players, and rappers in a “phishing” scheme. Phishing is a scheme in which the perpetrator sends a message that purports to be from a legitimate source in the hopes of securing personal information of a potential victim. Ford sent thousands of phishing emails to victims from email accounts he set up to spoof legitimate Apple customer service accounts.
Ford, posing as an Apple customer support representative, requested that the victims send him their username and password or answers to security challenge questions, which Ford claimed was needed either to reset their Apple accounts or to access videos that individuals were purportedly trying to send the victims. More than 100 victims provided their login credentials for Apple accounts based on the phishing scheme.
After obtaining the victims’ passwords, Ford gained complete control over the victim accounts by resetting the account passwords and changing the victims’ credentials and contact information. As a result, the victims could not log into their own accounts unless they contacted Apple by phone and proved their identity. Apple records showed hundreds of unauthorized logins to victim Apple accounts.
After gaining control of the victims’ Apple accounts, Ford found credit card information belonging to several victims. Ford then used the stolen credit card numbers to spend $322,567 over a three-year period, including thousands of dollars in flights, car travel, hotels, retail purchases, restaurants, and cash transfers to his online financial accounts.
Kwamaine Jerell Ford, 27, of Dacula, Georgia, was sentenced by U.S. District Judge Timothy C. Batten, Sr., to three years and one month in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $697,270. Ford was convicted of computer fraud and aggravated identity theft charges on March 28, 2019, after he pleaded guilty.
This case was investigated by the FBI.
Assistant U.S. Attorney Nathan P. Kitchens, Deputy Chief of the Cyber and Intellectual Property Crimes Section, prosecuted the case. Apple Inc. provided valuable assistance in the investigation and prosecution.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Georgia Man Pleads Guilty in RI to Distributing Child PornographyRead the Press Release
PROVIDENCE – An Atlanta, GA, man admitted in U.S. District in Providence today to exchanging child pornography with individuals across the country, including sending images of child pornography to an undercover member of the Rhode Island States Police Internet Crimes Against Children (ICAC) Task Force.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Joseph Grossman, 40, pleaded guilty to distribution of child pornography, announced United States Attorney Aaron L. Weisman, Superintendent of the Rhode Island State Police Colonel James M. Manni, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
According to court documents and information presented to the Court, on January 19, 2019, a member of the ICAC Task Force, a Rhode Island State Police detective, working in an undercover capacity, set up a profile on a social networking site targeting the “fetish and kinky” community. Grossman reached out to the detective and suggested they shared a sexual interest in young children. Grossman directed the detective to a website where they could chat privately. During a series of communications, Grossman sent the detective approximately 40 images of child pornography.
Investigators were able to determine an IP address and subscriber information associated with Grossman. On February 27, 2019, the Rhode Island State Police detective and an agent from Homeland Security Investigations (HSI) in Providence, assisted by HSI agents in Atlanta, executed a court-authorized search of Grossman’s Atlanta residence and seized several electronic devices and arrested Grossman. Grossman’s email and online accounts were reviewed. Investigators identified numerous people across the country with whom Grossman exchanged child pornography.
Grossman is scheduled to be sentenced on October 15, 2019.
Distributing child pornography is punishable by statutory penalties of 5-20 years in federal prison followed by 5 years to lifetime supervised release.
The case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
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G7 Announces Common Understanding of G7 Competition Authorities on Competition and the Digital EconomyRead the Press Release
The G7 Finance Ministers and Central Bank Governors met on July 17-18, 2019 in Chantilly, France. The United States was represented by Secretary of the Treasury Steven Mnuchin. One of the items on the agenda was Competition and the Digital Economy. In preparation for this meeting, Assistant Attorney General Makan Delrahim met on June 5 with his G7 counterparts in Paris, and drafted a Common Understanding of G7 Competition Authorities on Competition and the Digital Economy to inform the discussion in Chantilly. The Common Understanding was publicly released today.
The Common Understanding acknowledges that competitive markets are key to well-functioning economies and can help unlock the benefits of digital transformation for innovation and growth while safeguarding consumer welfare. The paper notes that competition law is flexible and can adapt to the challenges the digital economy presents to competition enforcers. It also states that “[f]or effective enforcement and policy engagement, it is important that competition authorities have the tools and means to deepen their knowledge of new business models and their impact on competition, for example, through market studies or sector inquiries and by adding in-house capabilities to keep current with issues raised by the digital economy.” The paper recognizes that “…G7 competition authorities will pursue their efforts in this area by continuing their cooperation in existing international fora and group exchanges to deepen their common understanding” and “where considered useful and relevant, the G7 competition authorities will continue to assist G7 on these issues.”
“Digital technologies improve our lives in a myriad of ways, but also present challenges for competition authorities,” said Assistant Attorney General Makan Delrahim. “I welcome the opportunity to work closely with our G7 counterparts and other competition agencies to address the important issues arising from the digital economy.”
Former Tallassee Police Investigator Sentenced to Prison for Assaulting Handcuffed ArresteeRead the Press Release
Montgomery, Alabama - Former Tallassee Police investigator Brandan Smirnoff, 27, was sentenced to 22 months in prison for assaulting a handcuffed, 24-year-old man, announced U.S Attorney Louis V. Franklin, Sr., Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, and FBI Special Agent in Charge James Jewell. There is no parole in the federal system.
Smirnoff encountered the victim, J.M., after a vehicle pursuit. After officers pursued J.M. for several minutes on a four-wheeler, J.M. stepped off the four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and slammed him to the ground. Smirnoff then lifted the victim into the air and slammed him to the ground a second time. Moments later, before Smirnoff placed the victim into a patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. Throughout the assault, the victim was handcuffed, compliant, and did not pose a threat.
“Mr. Smirnoff not only violated the victim’s constitutional rights by assaulting him repeatedly, he committed a crime that dishonored the whole law enforcement community,” said U.S. Attorney Franklin. “A significant sentence of imprisonment was therefore appropriate in this case, not only to punish Mr. Smirnoff for his actions, but also to deter others from committing acts that lead to distrust between law enforcement and the public.”
“The overwhelming majority of law enforcement officers today are honest hardworking individuals,” said Special Agent in Charge Jewell. “However, the FBI will not tolerate the abuse of the public trust in this manner. Law enforcement is held to a higher standard, and in this unfortunate incident, that standard was not met.”
“This defendant abused his power as a police investigator by assaulting a restrained person in his custody. Officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Dreiband. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
On April 19, Smirnoff pleaded guilty to one count of violating 18 U.S.C. § 242 by assaulting J.M. while acting under color of law.
This case was investigated by the FBI’s Montgomery Division. It was prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Former Police Sergeant Sentenced to Federal PrisonRead the Press Release
McALLEN, Texas ‐ A former sergeant with the Progreso Police Department (PPD) has been ordered to serve 20 years in federal prison for drug trafficking, announced U.S. Attorney Ryan K. Patrick and Special Agent in Charge Shane Folden of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) along with Special Agent in Charge Will R. Glaspy of the Drug Enforcement (DEA) and Acting Special Agent in Charge Andy Tsui of IRS-Criminal Investigation (CI).
“This sentence serves as a sobering reminder about the serious consequences for those who violate the public’s trust,” said Folden. “HSI will continue to work closely with our law enforcement partners to target and investigate those who exploit their positions for financial gain.”
A jury convicted Geovani Hernandez, 45, of Weslaco, March 7, 2019, on two counts of attempting to aid and abet the trafficking of five kilograms of cocaine following a four-day trial and approximately three hours of deliberation.
Today, U.S. District Judge Randy Crane ordered Hernandez to serve 240 months in prison to be immediately followed by five years of supervised release. At the hearing, the court noted the evidence against Hernandez was overwhelming. In imposing the sentence, the court ruled Hernandez abused his position of trust to facilitate the drug trafficking offense and obstructed justice when he attempted to intimidate both the case agent and confidential informant to prevent them from testifying at trial.
Hernandez had been employed as a PPD sergeant from March through August 2017, when a confidential source met with him seeking assistance for a drug trafficking organization. The meetings culminated in Hernandez agreeing to scout for law enforcement to enable a vehicle he believed contained a controlled substance to pass through the Progreso area undetected.
At trial, the jury heard recordings between the informant and Hernandez discussing scouting for the drug load. The government presented evidence that once the drug load made it successfully through Progreso on July 15, 2017, Hernandez gave the informant his Progreso police badge.
The defense attempted to attack the credibility of the witnesses and denied any of Hernandez’s knowledge of the drug trafficking scheme or his attempt to participate in it. The jury was not convinced and convicted him on all counts as charged.
“The public’s trust of our law enforcement officials is very fragile; thus, DEA will always vigorously pursue allegations of drug trafficking within the ranks of the law enforcement community,” said Glaspy. “The sentence handed down today is a reminder to those who may consider betraying their badge and the public’s confidence that you will be held accountable for your actions.”
“Today’s sentencing of this former police officer should serve as a warning that anyone involved in the drug trafficker trade, especially those within a public trust position, will be held accountable for their actions,” added Tsui.
Hernandez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
HSI and Department of Homeland Security - Office of Inspector General (DHS-OIG) led the investigation into Hernandez. The case arose as a result of the larger Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Blue Shame which HSI, DHS-OIG, DEA and IRS – CI investigated. Assistant U.S. Attorneys (AUSA) James H. Sturgis and Kristen J. Rees prosecuted this case. AUSAs Anibal Alaniz and Casey Macdonald are prosecuting the related drug trafficking case.
Former Oakley Police Chief Sentenced to a Year and a Day in Prison for Wire and Tax FraudRead the Press Release
The former police chief of the Village of Oakley, located in Saginaw County, Michigan, was sentenced to a year and a day in prison based on his convictions for wire fraud and filing a false income tax return for 2012, stated United States Attorney Matthew Schneider. Reznick was also ordered to pay $124,078.88 as criminal restitution for unpaid back taxes and $4,553.77 for the costs of prosecution. A civil tax assessment, including penalties and interest, will be made later by the IRS.
Schneider was joined in the announcement by Special Agent in Charge James Dier, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Special Agent in Charge Manny Muriel, Internal Revenue Service, Criminal Investigations (IRS-CI).
Robert J. Reznick, of Swartz Creek, Michigan, was sentenced by United States District Judge Thomas L. Ludington in Bay City, Michigan.
“The vast number of police officers in Michigan are outstanding, dedicated public servants, but unfortunately this case is an exception to that rule,” stated United States Attorney Matthew Schneider. “Former Police Chief Reznick’s prison sentence shows that no one is above the law in Michigan — and that includes those who enforce the law.”
According to court records, Reznick fraudulently used his position as a police chief to obtain reduced prices on firearms, ammunition, and other police equipment from suppliers located both in and outside of Michigan. He then sold the merchandise to his “reserve officers” for his personal profit. Though the population of the Village of Oakley,
located in Saginaw County, was under 300 people, Reznick recruited and maintained a roster of approximately 120 reserve officers for the Oakley Police Department, most of whom were affluent professionals or otherwise prominent individuals who lived outside of, and distant from, the Village of Oakley. Reznick also used his position as police chief to facilitate the sale of assault shotguns, with the capacity to hold 16 rounds, from an out-of-state vendor for some of his customers and thereby enabled the purchasers of those shotguns to evade the federal and state taxes on the transactions.
In addition to the wire fraud charge, Reznick was sentenced for his conviction of willfully filing a false 2012 federal income tax return. Additionally, Reznick acknowledged under-reporting his income on tax returns for additional years and receiving more than $10,000 in criminally-derived income. The criminal tax loss that resulted from Reznick failing to truthfully report all of his personal income totals was approximately $87,702. He had additional unreported income for his business, Due Process of Michigan.
“Instead of protecting and serving his community, Robert Reznick made the decision to break the law for personal gain, and in doing so violated the public’s trust. ATF will never waver in our commitment to protecting the community and we will continue to work with our law enforcement partners to hold all citizens accountable.” said ATF Special Agent in Charge James Deir.
Manny Muriel, Special Agent in Charge of the Detroit’s IRS Criminal Investigation, stated, “Mr. Reznick dishonored his position as police chief and victimized the American taxpayers in the process. IRS‐CI will continue to work diligently with our law enforcement partners to investigate fraudulent tax allegations; no matter who is trying to destroy the integrity of our tax system.”
This case was investigated by special agents from both ATF and IRS-CI and was prosecuted by Assistant U.S. Attorneys from the Flint and Bay City branch offices.
Former Nevada Senate Majority Leader Sentenced to More Than Two Years in Prison for Misusing $250,000 of Donor Money for Personal ExpensesRead the Press Release
LAS VEGAS, Nev. – Former Nevada State Senate Majority Leader Kelvin Atkinson was sentenced today to more than two years in federal prison for misusing at least $249,900 of campaign donor money on personal expenses including opening a Las Vegas nightclub, announced United States Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Aaron C. Rouse of the FBI Las Vegas Office, and Acting Special Agent in Charge Ismael Nevarez Jr. for the IRS Criminal Investigation.
“In the Silver State, virtually all public officials serve with integrity, honesty, and humility. But when a public servant violates the public’s trust, federal prosecutors in my office stand ready to pursue justice,” said United States Attorney Trutanich. “The defendant admitted using campaign donations to fund a lavish lifestyle, and the Court determined a 27-month term of federal imprisonment was just and appropriate.”
“The FBI is proud to work with our exceptional partners, like IRS Criminal Investigations, in ensuring those in public office do not betray their oaths or their responsibility to the people they serve,” said FBI Special Agent in Charge Rouse. “Nevada citizens should be reassured we will continue to persistently investigate elected officials who choose to exploit the public’s trust for their personal gain.”
“Atkinson wrongfully used campaign funds for his own personal gain,” said IRS Acting Special Agent in Charge Nevarez Jr. “Today’s sentence is a clear message to public officials that they will be held accountable if they violate the public’s trust.”
According to court documents, from at least January 2010 to about December 2017, Atkinson, 49, admitted that he devised a scheme to mislead donors contributing to his campaign by falsely representing to them that he would use donations for lawful campaign purposes. In reality, he misused contributions in his campaign account for personal expenses. Atkinson admitted that he used nearly $250,000 from his campaign bank account for personal expenses instead of legitimate campaign purposes. His personal spending of campaign funds included approximately $100,000 in payments to his personal credit cards, $75,000 towards opening and operating a Las Vegas nightclub, and $20,000 on leasing a Jaguar Sports Utility Vehicle, among many other personal expenditures.
The case was investigated by the FBI and IRS Criminal Investigation. Assistant United States Attorney Daniel R. Schiess prosecuted the case.
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Former Alabama Police Investigator Sentenced to Prison for Assaulting Handcuffed ArresteeRead the Press Release
Former Tallassee Police investigator Brandan Smirnoff, 27, was sentenced to 22 months in prison for assaulting a handcuffed, 24-year-old man. Smirnoff encountered the victim, J.M., after a vehicle pursuit. After officers pursued J.M. for several minutes on a four-wheeler, J.M. stepped off the four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and slammed him to the ground. Smirnoff then lifted the victim into the air and slammed him to the ground a second time. Moments later, before Smirnoff placed the victim into a patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. Throughout the assault, the victim was handcuffed, compliant, and did not pose a threat.
“This defendant abused his power as a police investigator by assaulting a restrained person in his custody. Officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“Mr. Smirnoff not only violated the victim’s constitutional rights by assaulting him repeatedly, he committed a crime that dishonored the whole law enforcement community,” said U.S. Attorney Louis V. Franklin, Sr. “A significant sentence of imprisonment was therefore appropriate in this case, not only to punish Mr. Smirnoff for his actions, but also to deter others from committing acts that lead to distrust between law enforcement and the public.”
On April 19, Smirnoff pleaded guilty to one count of violating 18 U.S.C. § 242 by assaulting J.M. while acting under color of law.
This case was investigated by the FBI’s Montgomery Division. It was prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Five people named in 17-count indictment related to the seizure of eight kilograms of cocaine, one kilogram of heroin and $1.1 million in cashRead the Press Release
Five people were named in a 17-count federal indictment related to the seizure of approximately eight kilograms of cocaine, one kilogram of heroin and $1.1 million in cash.
Kenneth Blackshaw, 53, of Cleveland; Jorge Alberto Barrera, 43, of Mexico; Miguel Angel Marquez, 44, of Fresno, California; Donald Earl Knighten 43, of Bedford, and Kimberly Yvette Green, 49, of Cleveland Heights, were each charged with conspiracy to possess with intent to distribute cocaine.
Additional charges include distribution of cocaine and heroin, interstate travel in aid of racketeering, possession with intent to distribute cocaine, and other charges.
Blackshaw, Barrera, Marquez and Knighten were arrested on June 15 at 1538 Addison Road in Cleveland. DEA agents searched the house and found nine individually wrapped bundles of drugs, as well as 32 bundles of cash, according to court documents.
“These arrests and the seizure of such a large quantity of drugs before it hit the streets of Cleveland undoubtedly saved lives,” U.S. Attorney Justin Herdman said. “The DEA and their partners are to be thanked for working around the clock this weekend to make the arrests and seize the drugs, as well as approximately $1.1 million in drug proceeds.”
DEA Acting Special Agent in Charge Keith W. Martin said: “The DEA’s mission is to disrupt the flow of dangerous drugs, and this case is a great example of that work. This seizure and arrests will help make Cleveland safer.”
This case is being prosecuted by Assistant U.S. Attorney Justin Seabury Gould following an investigation by the DEA.
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Felon Sentenced to 15 Years in Prison for Multiple Federal Drug ChargesRead the Press Release
LAS VEGAS, Nev. – LAS VEGAS, Nev. – A Las Vegas man who pleaded guilty to multiple drug charges, including possession of heroin, methamphetamine, and cocaine, was sentenced today to 15 years in federal prison to be followed by five years of supervised release, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
Randall Ervin Venerable, 53, pleaded guilty in April 2019, to two counts of distribution of methamphetamine, one count of possession with intent to distribute heroin, one count of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking offense, and one count of possession with intent to distribute cocaine. United States District Judge Richard F. Boulware presided over the sentencing hearing.
According to court documents, in March 2018, Venerable met a person four times at a pre-arranged location and sold the person more than one-half pound of methamphetamine, in total. After the fourth drug sale, law enforcement arrested Venerable and seized almost $3,000 in cash. Venerable admitted to detectives that he had recently gotten back into drug trafficking. During the execution of a search warrant at Venerable’s residence, detectives found over one pound of methamphetamine packaged for sale; approximately one-half pound of marijuana; over a quarter-pound of heroin packaged for sale; 89 grams of cocaine; and two digital scales. In addition, detectives found more than $6,000 in cash; an “owe sheet”; and two semi-automatic handguns and ammunition.
The case was investigated by Homeland Security Investigations and the Las Vegas Metropolitan Police Department. Assistant United States Attorneys Elham Roohani and Peter S. Levitt prosecuted the case.
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Felon Sentenced to 10 Years in Prison for Unlawful Possession of Firearms and Selling MethamphetamineRead the Press Release
LAS VEGAS, Nev. – A felon who was serving a term of supervised release when he committed the offense was sentenced today to 10 years in federal prison to be followed by 10 years of supervised release for unlawful possession of firearms, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
Julian Ricardo Chacon, 39, pleaded guilty to two counts of felon in possession of a firearm and one count of possession with intent to distribute methamphetamine. Chacon has prior convictions including robbery, drug charges, identity theft, and felon in possession of a firearm, all in Nevada.
According to court documents, Chacon was serving a term of supervised release related to a 2008 federal conviction for felon in possession of a firearm. He served the seven year prison term and then began his three years of supervision in 2016. In January 2018, the U.S. Probation Office filed a petition alleging Chacon had violated conditions of his supervised release.
Later, in July 2018, the Las Vegas Metropolitan Police Department learned that Chacon was selling methamphetamine in Las Vegas. He sold approximately 28 grams of methamphetamine to an individual and had an estimated quarter-pound of methamphetamine in his vehicle. During the investigation, officers learned Chacon was on federal supervised release.
On July 9, 2018, law enforcement conducted a search of Chacon’s residence where they found more than 314 grams of methamphetamine, over 26 grams of marijuana, more than $920 in cash, a digital scale, a supply of small baggies, as well as a 9mm semiautomatic pistol loaded with hollow-point ammunition, a loaded magazine, and ammunition. Officers later learned that the 9mm pistol was stolen, and Chacon also illegally purchased a .40 caliber semiautomatic pistol.
The case was investigated by the Las Vegas Metropolitan Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Probation Office. Assistant United States Attorney Dan Cowhig prosecuted the case.
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Federal Jury Convicts St. Croix Man of Murder for HireRead the Press Release
St. Croix, USVI – After a six-day trial, a federal jury on Thursday found Delroy Thomas, Jr., 28, of St. Croix, guilty of murder for hire, attempted murder and attempted retaliation against a witness, United States Attorney Gretchen C.F. Shappert announced.
According to the evidence presented at trial, between March 9, 2015 to March 11, 2015, Thomas made a series of telephone calls, while in Golden Grove Correctional Facility, to another inmate. He solicited the inmate’s assistance to eliminate two witnesses in his pending Superior Court case. Thomas describe the location of the witnesses’ residence to the inmate and texted their photographs to him. He told the inmate he wanted them "off", he was dead serious, he would get the gun, this was eight months of thinking and that there were no ifs, ands, buts or changing of mind. Thomas discussed the price for the planned "hit" and directed a female to place $500.00 into a particular vehicle, intending for it would serve as a down payment. He also admitted that if the inmate did not carry out the hit he would get someone else.
Unbeknownst to Thomas, the inmate was a confidential informant who was working for the Drug Enforcement Administration (DEA). The DEA informant proceeded to record Thomas’ phone calls, which were played for the jury during the trial. One of the witnesses at trial identified Thomas’s voice on the recorded phone calls.
Following his arrest, Thomas told agents that he may have discussed eliminating witnesses in his case with other inmates when he was angry, but he denied that he had participated in any murder for hire plot. At his trial, Thomas testified that he did make the recorded statements but that he was merely "going along" with a scheme concocted by the inmate/informant who had threatened him into participating in the calls. Thomas testified that the calls were rehearsed and he simply followed the plan.
The Government, however, presented evidence of text messages Thomas sent to other individuals, before the phone calls, stating that he was planning a massacre, and that if the authorities did not let him out of prison, he would put a "hit" on a female victim and her mother.
On March 12, 2015, Bureau of Corrections officers searched Thomas’ prison cell and seized three cellular telephones and a knife from a case that was accessible from his cell.
Thomas faces up to 10 years in prison for the murder for hire conviction plus a maximum fine of $250,000; up to twenty-five years of incarceration for the attempted murder conviction; and up to five years for the attempted retaliation against a witness conviction plus a maximum fine of $1,000.00.
This case was investigated by the Drug Enforcement Administration, the Virgin Islands Police Department and the Gang Intelligence Search Team of the V.I. Bureau of Corrections. It was prosecuted by Assistant United States Attorneys Alphonso G. Andrews, Jr. and Rhonda Williams-Henry.
Federal Judge Hands Down 15-Year Sentence to Boone, N.C. Man on Child Pornography ChargesRead the Press Release
STATESVILLE, N.C. – U.S. District Judge Kenneth D. Bell sentenced today Timothy Scott Hardin, 44, of Boone, N.C. to 180 months in prison and a lifetime of supervised release for receiving child pornography, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Bell also ordered Alexander to register as a sex offender following his release from prison.
According to filed court documents and today’s sentencing hearing, on October 6, 2016, the Boone Police Department became aware that an individual, later identified as Hardin, was receiving child pornography over the internet. Hardin’s child pornography collection included multiple images and videos depicting children engaged in sexually explicit conduct, including images and videos depicting the rape of prepubescent girls. According to court records, when law enforcement attempted to arrest Hardin at his residence, Hardin pulled a handgun from the waistband of his pants. After a brief struggle with law enforcement over the firearm, Hardin was incapacitated. Court records show that Hardin later told law enforcement that his plan had been to point his gun at the arresting officer and to force law enforcement to kill him.
In January 2019, Hardin pleaded guilty to receiving child pornography. In making today’s announcement, U.S. Attorney Murray thanked the North Carolina State Bureau of Investigation and the Boone Police Department for their investigation of this case.
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Yesterday, Judge Bell sentenced Joshua Dane Keener, 33, of Hickory, N.C. to 14 years in prison, followed by a lifetime of supervised release, for receiving visual depictions of a minor engaging in sexually explicit conduct.
According to court records, following a complaint from a concerned citizen, law enforcement initiated an investigation into Keener, and discovered that Keener was receiving child pornography from an individual located in South Africa. While Keener was being investigated for this case, law enforcement discovered that he was also communicating via messaging applications with a 14-year-old minor female in Indiana. During these conversations, Keener requested and received videos of the minor engaging in sexually explicit conduct. Law enforcement arrested Keener at a hotel in Hickory. Law enforcement found in Keener’s home sexually explicit videos and images of child pornography, including videos and images of toddlers.
In February 2019, Keenan pleaded guilty to receiving child pornography.
U.S. Attorney Murray thanked the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Charlotte, and the North Carolina State Bureau of Investigation for their work on this case.
Assistant U.S. Attorney Cortney Randall, of the U.S. Attorney’s Office in Charlotte, handled both prosecutions.
Both cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood mars060hals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Fayette County Man Indicted by Federal Grand Jury for Illegally Possessing A FirearmRead the Press Release
LEXINGTON, Ky. – Today, a Federal Grand Jury, sitting in Lexington, returned an indictment against Marcellis Means, 23, of Lexington, charging him with one count of being a convicted felon in possession of a firearm.
The indictment alleges that on or about July 10, 2019, Means, a convicted felon, committed the offense when he was found unlawfully in possession of a firearm in Lexington. The investigation into this firearm-related offense was conducted by agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), in conjunction with the Lexington Police Department and the Kentucky State Police.
Means is scheduled to appear in federal court for a detention hearing on July 19, 2019. Means faces a maximum sentence of 10 years and a $250,000 fine. However, any sentence following a conviction would be imposed by the Court after its consideration of the United States Sentencing Guidelines and applicable federal statutes.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Stuart L. Lowery, Special Agent in Charge, ATF, Louisville Field Division, Richard Sanders, Commissioner, Kentucky State Police, and Lawrence Weathers, Chief of Police for the Lexington Police Department, jointly made the announcement.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Father and Son Plead Guilty to Charges Related to Cocaine DistributionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Torres Perez, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute one kilogram or more of heroin. The charge carries a minimum penalty of 15 years in prison, a maximum of life, and a $2,000,000 fine. In addition, the defendant’s son, Carlos Yamiel Torres, 20, also of Rochester, pleaded guilty to misprision of a felony which carries a maximum penalty of three years and a fine of $250,000.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on February 7, 2018, the defendants picked up approximately two kilograms of heroin from a location in Rochester for the purpose of transporting the heroin to the Albany, NY area for distribution to another individual for approximately $97,500 in cash. On that date, law enforcement officers conducted a traffic stop of a car traveling eastbound on Interstate 490 in the vicinity of Victor, NY. Carlos Yamiel Torres was the driver and Carlos Torres Perez was in the front passenger seat. During a subsequent search, officers recovered approximately two kilograms of heroin from a bag in the backseat of the car.
The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the New York State Police, under the direction of Major Eric Laughton.
Carlos Torres Perez’s sentencing is scheduled for October 10, 2019, at 8:30 a.m. before Judge Siragusa. Carlos Yamiel Torres is scheduled to be sentenced before Judge Siragusa on October 21, 2019, also at 8:30 a.m.
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Elkton Man Sentenced to 30 Years in Federal Prison for Production of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced Frank Ray Leary, Jr., age 24, of Elkton, Maryland, to 30 years in federal prison, followed by lifetime supervised release, for production of child pornography. Judge Blake also ordered that, upon his release from prison, Leary must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
“Frank Ray Leary, Jr. preyed on vulnerable young victims, including a five-year-old boy,” said U.S. Attorney Robert K. Hur. “Law enforcement agencies will continue to work to identify and prosecute those who harm our children.”
According to his plea agreement, in 2012 Leary distributed images of child pornography using a file-sharing network. In 2014 and 2015, Leary sent e-mails containing images and videos of minors engaging in sexually explicit conduct, including prepubescent minors. In September 2015, Leary used a messaging application to participate in group chats during which the members of the group discussed the sexual exploitation of children and child pornography, shared files of child pornography, and commented on the files.
As detailed in his plea agreement, on August 1, 2018, law enforcement executed a search warrant for Leary’s person and his residence, seizing his mobile phone, among other things. A forensic examination of the phone, as well as the execution of various provider search warrants revealed that Leary used a messaging application on his phone to induce at least six minors to engage in sexually explicit conduct and send Leary images of that conduct. For example, on July 7, 2018, Leary engaged in chat with a victim who was between 14 and 16 years old, and enticed that victim to engage in sexually explicit conduct with his sleeping nine-year-old brother and take photographs of the sexual acts. Leary admitted that he engaged in sexually explicit chats with five other victims from around the world, including Germany, Bulgaria, California, and Kentucky. Leary requested and received images of the victims engaged in sexually explicit conduct, often directed by Leary. In addition, Leary shared images of child pornography with the victims and other minors, sending them links to accounts he maintained.
Finally, according to the plea agreement, a five-year-old victim disclosed that he had been abused by Leary between 2017 and 2018.
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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the federal case.
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Eagle Butte Man Charged with Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Possession of Child Pornography.
Dustin Red Legs, age 40, was indicted on May 14, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 24, 2018, Red Legs enticed a minor to engage in sexually explicit conduct for purposes of producing visual depiction of the conduct, and further possessed and attempted to possess material that contained an image of child pornography.
The charges are merely accusations and Red Legs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Red Legs was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.