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29 August 2019
Felon Pleads Guilty for Possessing a Stolen Firearm with 30 Live RoundsRead the Press Release
St. Louis, MO – Mikal Hamilton, 28, of St. Louis, MO, pleaded guilty to one felony count of felon in possession of a firearm. Hamilton appeared in federal court this afternoon before U.S. District Judge John A. Ross who accepted his plea and set his sentencing date for December 5, 2019.
According to court documents, on January 15, 2019, members of the St. Louis Metropolitan Police Department saw a vehicle driven by Hamilton commit a traffic violation. When officers tried to stop the vehicle, Hamilton sped off at a high rate of speed before crashing. Hamilton exited the vehicle and fled the scene of the accident. After being apprehended, Hamilton told police he ran because was he had a stolen firearm in the vehicle he was driving. The officers recovered a 40 caliber Glock firearm with an extended magazine loaded with 30 live rounds.
Hamilton faces a maximum sentence of ten years in prison and a fine of not more than a $250,000. He may be subject to a mandatory minimum sentence of 15 years and a maximum sentence greater than described. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The St. Louis Metropolitan Police Department investigated this case. Assistant United States Attorney Tom Mehan is handling the case for the U.S. Attorney’s Office.
Felon Found in Possession of A Stolen, Loaded Firearm Sentenced to More Than Seven Years in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Marvas Aurelien (22, Orlando) to seven years and eight months in federal prison for possessing a firearm as convicted felon. Aurelien had pleaded guilty on May 22, 2019.
According to court documents, on March 14, 2019, the Orange County Sheriff’s Office Gang Enforcement Unit located and apprehended Aurelien, who was wanted on an active arrest warrant stemming from aggravated assault with a firearm. While securing Aurelien, deputies located a fully loaded FMK 9 mm semi-automatic handgun in Aurelien’s front pocket. Law enforcement later learned that the firearm had been stolen. Aurelien is a previously convicted felon and, therefore, is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the FBI and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
El Salvadorian National Indicted on Passport Fraud ChargeRead the Press Release
Boston, MA - An El Salvadorian national was indicted today in federal court on a charge of passport fraud.
Eliseo Rivas, 41, formerly of Chelsea, is alleged to have impersonated another in applying for a U.S. passport in 2016.
Rivas faces up to 10 years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit.
Department of Justice Announces Fifth Expansion of Program to Enhance Tribal Access to National Crime Information DatabasesRead the Press Release
The Department of Justice is pleased to announce the fifth expansion of the Tribal Access Program (TAP), a program providing federally recognized tribes with enhanced ability to access and exchange data with the national crime information databases for both criminal justice and non-criminal justice purposes.
TAP provides federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purposes and provides training as well as software and biometric/biographic kiosk workstations to process finger and palm prints. TAP also gives Tribes the ability to take mugshots and submit information to FBI CJIS. By the end of 2019, TAP will be deployed to more than 70 tribes with over 300 Tribal agencies participating.
The department will accept applications from September 1 through October 31, 2019. Eligible tribes that are selected for participation will be notified in November.
“The TAP program continues to give a growing number of tribes the ability to share criminal and civil information, and the access to data that helps solve crimes and protect the public,” said Deputy Attorney General Jeffrey A. Rosen. “The TAP program is just one example of our commitment to tribal, state, and local law enforcement partnerships that strengthen public safety across the United States.”
Utilizing TAP, tribes have registered sex offenders; entered orders of protection for notice and enforcement nationwide; run criminal histories that resulted in arrests and warrants being served; entered bookings and convictions; and completed thousands of fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
For FY20, the department offers TAP services through one of the following two methods:
- TAP-LIGHT: The department provides software that provides full access (both query and entry capabilities) to national crime information databases such as National Crime Information Center (NCIC), the Interstate Identification Index (III) and the International Justice and Public Safety Network (Nlets) for both criminal and civil purposes; and
- TAP-FULL: The department provides the same basic capabilities as TAP-LIGHT listed above, and also provides an additional hardware/software solution in the form of a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI’s Next Generation Identification (NGI) for both criminal and civil purposes.
“The Tribal Access Program now in use by the San Pasqual Band of Mission Indians Police Department has been one of the very best investigative tools that could have been obtained by that department,” said San Pasqual Tribal Chairman Stephen W. Cope. “Investigators from the Police Department, using various systems in the TAP program, identified a drug dealer responsible for counterfeit oxycodone/fentanyl pills that caused the death of a tribal member. That dealer was surveilled and arrested while doing a 200-pill deal. A search warrant served on his home revealed another batch of 200 fentanyl pills and a large quantity of heroin and cocaine.”
“Tulalip Tribes have utilized the Tribal Access Program since 2016, for several programs which has expanded Tulalip’s access to criminal justice information,” said Tulalip Tribal Chairperson Teri Gobin. “We are able to register and track sex offenders entering and residing in Tulalip to provide better oversight and protections for our members and community. It has been instrumental in running our background checks of applicants who will have direct supervision over children to ensure our youth are being safely cared for. Lastly, our child welfare department is able to have fingerprint criminal background checks processed to review potential placements to ensure our children are in safe homes. We are quite pleased with the ease of use and prompt return of useful information.”
TAP relies on federal laws that provide tribes access for specific purposes, which include:
- Criminal justice uses: law enforcement, corrections, probation/parole, prosecution, criminal courts and pretrial services.
- Non-criminal justice uses: sex offender registry, housing, child support enforcement, agencies whose employees or volunteers have contact with or control over Indian children, Head Start programs, social service agencies that investigate allegations of abuse or neglect, and civil courts that issue orders of protection.
Given the funding sources, eligible tribes must have and agree to use TAP for:
- A sex offender registry authorized by the Adam Walsh Child Protection and Safety Act;
- A law enforcement agency that has arrest powers; or
- Any use that provides services to victims of crime, such as a Tribal Court which issues orders of protection
TAP is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), and the Office for Victims of Crime (OVC). TAP is co-managed by the Office of the Chief Information Officer (OCIO) and Office of Tribal Justice (OTJ).
For more information about TAP, visit: www.justice.gov/tribal/tribal-access-program-tap
Defense Contractor to Pay $940,000 to Resolve Allegations of Withholding Discounts from TRICARERead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that International SOS Assistance, Inc., International SOS Government Services, Inc., International SOS, LP, Air Rescue Americas, Inc. Arnaud Vaissié; and Pascal Rey-Herme (collectively, “International SOS”), will pay $940,000 to resolve allegations that it overcharged TRICARE, a health care insurance system for members of the military services and their families, for aeromedical evacuation services by concealing discounts it received from third-party air ambulance providers in violation of the False Claims Act.
The settlement resolves allegations that, between 2013 and 2017, International SOS, a provider of overseas healthcare services for the government, submitted to TRICARE false claims for payment relating to International SOS’s provision of aeromedical evacuations. International SOS negotiated discounts from third-party air ambulance providers, which it was required to pass along to TRICARE. Instead, International SOS did not disclose the actual cost of the aeromedical evacuation services during the quoting process; billed TRICARE at the higher non-discounted amount; and received payment from TRICARE for the inflated costs, which International SOS contends it retained as a fee.
“My Office is committed to protecting the integrity of federal healthcare billing regulations,” said U.S. Attorney McSwain. “We will hold accountable any federal contractor who chooses to engage in conduct that undermines those regulations, and therefore overburdens American taxpayers, by overbilling federal healthcare programs.”
“Protecting the integrity of the U.S. Department of Defense’s (DoD) procurement process and combating healthcare fraud impacting the DoD are top priorities for the Defense Criminal Investigative Service (DCIS),” stated Leigh-Alistair Barzey, Special Agent in Charge of the DCIS Northeast Field Office. “By concealing discounts and overcharging TRICARE, the DoD’s healthcare program, International SOS sought to profit at the expense of the American taxpayer. The settlement agreement announced today is the result of a joint effort and demonstrates DCIS’ continued commitment to work with the U.S. Attorney’s Office to ensure that U.S. military members and their beneficiaries continue to receive high quality and cost-effective healthcare.”
This settlement resolves allegations in a lawsuit by a former International SOS Regional Flight Desk Manager, under the qui tam (or whistleblower) provisions of the False Claims Act. The qui tam provisions permit private parties to sue for false claims on behalf of the government and to receive a share of any recovery. The relator here will receive $165,000 as his share of the recovery in the case. The relator was represented by Franklin J. Rooks, Jr., Esq. of Morgan Rooks, P.C., and Jared A. Jacobson, Esq. of Jared Jacobson Law, LLC.
“We thank the whistleblower for coming forward and providing essential assistance to the government. This concerned citizen’s information and assistance was critical to our office’s investigative efforts in this matter, and we deeply appreciate that contribution,” said U.S. Attorney McSwain.
This case was a cooperative effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania, and the Defense Criminal Investigative Service. For the United States Attorney’s Office, Assistant United States Attorneys Scott W. Reid, Colin Cherico, and Auditor Dawn Wiggins handled the investigation and settlement.
The lawsuit is captioned United States ex rel. Richard Nicholas v. International SOS Assistance, Inc., et al., Civil Action No. 16-3927 (E.D. Pa.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Convicted Felon Sentenced for Illegal ReentryRead the Press Release
RICHMOND, Va. – A Chesterfield County man was sentenced today to one and a half years in prison for illegal reentry to the United States following removal after conviction for a felony violation.
“Defendant Segura-Virgen has shown a complete lack of respect for the laws of this country, the multiple women he has assaulted, and the sanctity of our borders,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case represents an all too common scenario here in the Eastern District of Virginia. This is serious public safety issue that has the full attention of my office and our law enforcement partners.”
According to court documents, Rodolfo Segura-Virgen, 38, is a Mexican citizen who in 1990 entered the United States. Following a 2001 conviction for felony unlawful sexual intercourse with a minor, Segura-Virgen was removed from the United States at taxpayer expense. Segura-Virgen illegally reentered the United States on an unknown date, and in 2003, when he was convicted of battery on a former spouse, his prior probation was revoked and he was sentenced to two years in prison. In 2004, Segura-Virgen was again removed to Mexico. He illegally reentered the United States again at an unknown date and came to the attention of law enforcement in 2018 when he was arrested in Chesterfield County on state charges.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney S. David Schiller 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. 3:18-cr-149.
Connecticut Man Pleads Guilty to Conspiracy to File False Claims Against the United StatesRead the Press Release
Tampa, Florida – Jose Acevedo (39, Connecticut) pleaded guilty today to conspiring to file false claims against the United States. He faces a maximum penalty of 10 years in federal prison. His sentencing date has not yet been set.
According to the facts presented at the plea hearing, Acevedo joined in a conspiracy with others to file false and fraudulent income tax returns as claims against the United States. He and fellow conspirators used the personal identification information of persons they knew, and others, to file false and fraudulent income tax returns claiming refunds. These returns contained false information, including that the purported taxpayers had paid withholding taxes to the IRS associated with their supposed employment with business entities created by the conspirators when, in truth, the purported taxpayers were not employees of such entities and had not paid the claimed withholding taxes. Acevedo also caused the filing of several amended income tax returns with the IRS on his own behalf, using the same type of false information, causing the issuance of fraudulent refunds to himself. As a result, the IRS paid conspirators approximately $90,359 in fraudulent refunds and stopped payment on significantly more refund claims.
This case was investigated by agents of the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Colombian Supplier Sentenced to Prison for Cocaine Distribution ConspiracyRead the Press Release
ALEXANDRIA, Va. – A Colombian man was sentenced today to six and a half years in prison for conspiring to distribute over 5 kilograms of cocaine knowing and intending that it would be unlawfully imported into the United States.
According to court documents, Jorge Barbosa Alvarez, 33, was a member of a Colombian drug trafficking organization (DTO) based in South America. Between February and November 2016, Alvarez facilitated a multi-hundred kilogram cocaine transaction that was to be routed from South America to Central America, with a final destination of the United States. Specifically, Alvarez provided 5 kilograms of cocaine that was a sample batch for a 600-kilogram load of cocaine that he and his conspirators would provide for the transaction.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Colombian Control. 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, Mark R. Herring, Attorney General of Virginia, and Timothy M. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Special Assistant U.S. Attorney and Virginia Assistant Attorney General Lena Munasifi prosecuted the case.
This case was investigated by the Washington Field Office’s Safe Streets/HIDTA Task Force. The task force is composed of FBI Special Agents, as well as task force officers from the Fairfax County Police, Prince William County Police, Leesburg Police, the Loudoun County Sheriff’s Office, the Alexandria City Police, the Vienna Police, the Herndon Police, the Fauquier County Sheriff’s Office, Fairfax City Police, and the Arlington County Police, and works partnership with the DEA, the ATF, the Department of Homeland Security, Homeland Security Investigations and the United States Marshal Service. This task force is charged with identifying, disrupting and dismantling the most egregious narcotics trafficking organizations and gangs operating in Northern Virginia.
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. 1:16-cr-256.
Clifton Park Man Arrested for Attempting to Entice and Coerce Minor into SexRead the Press Release
ALBANY, NEW YORK – Kevin Nugent, age 41, of Clifton Park, New York, was arrested on August 27 on a complaint charging him with attempted enticement and coercion of a minor into committing criminal sex acts.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Nugent was arraigned yesterday in Albany before United States Magistrate Judge Christian F. Hummel. He was ordered detained pending trial.
The complaint charges Nugent with attempting to entice and coerce a minor, whom he believed to be a 14 year-old girl, to engage in various sexual acts with him. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Nugent carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Additionally, if convicted, Nugent would be required to register as a sex offender.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
Career Criminal Sentenced to 25 Years in Prison on Federal Drug and Firearm ChargesRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore has sentenced Jovan Demetrius Fredericks (40, Ocala) to 25 years in federal prison for possessing a firearm as a convicted felon, possession with the intent to distribute controlled substances, and carrying a firearm in relation to a drug trafficking crime. A federal jury had found Fredericks guilty of the offenses on March 5, 2019.
According to testimony and evidence presented in court, on the morning of September 29, 2018, officers from the Ocala Police Department encountered Fredericks at the Parkside Gardens public housing complex. Fredericks, a felon with multiple convictions, immediately tried to conceal a hand-rolled cigarette containing illegal drugs from the officers. When the officers stopped to investigate, they saw a loaded, full-size handgun with a 30-round ammunition magazine tucked into the waistband of Fredericks’s pants. After arresting Fredericks for the firearm, a search of his person revealed multiple packages of illegal drugs ready for sale, including MDMA (“ecstasy”), N-Ethylpentylone (“bath salts”), and cocaine. Fredericks’s extensive criminal record—which includes prior convictions for robbery, possession of a firearm by a felon, and repeated sales of illegal drugs—qualified him as both an Armed Career Criminal and a Career Offender for federal sentencing purposes.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case was jointly investigated by the City of Ocala Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
California Man Sentenced to 18 Years for Sex Trafficking Six VictimsRead the Press Release
KANSAS CITY, Mo. – A Sacramento, Calif., man was sentenced in federal court today for the sex trafficking of six victims.
Ronald Ean Taylor, 45, was sentenced by U.S. District Judge Gary A. Fenner to 18 years in federal prison without parole. The court also ordered Taylor to pay $5,000 in restitution to one of his victims, and $6,100 in restitution to the father of another victim for funeral expenses as a result of her death from a drug overdose while in California with Taylor.
On March 19, 2019, Taylor pleaded guilty to six counts of the sex trafficking of an adult. Taylor admitted that he used force, fraud or coercion to cause six victims to engage in prostitution, from which he benefitted financially. Taylor trafficked six separate victims at various times between Nov. 1, 2014, and May 31, 2017.
The investigation began in June 2016, when one of Taylor’s victims was contacted by Kansas City, Mo., police officers. She told officers that Taylor was a pimp who lived in California and sold drugs and prostitutes in the Kansas City area. She said Taylor verbally threatened to harm her, was mean, had anger issues, and was manipulative. He provided her with drugs and used her to meet other women with drug addictions. She told officers that one of Taylor’s victims, identified in court documents as “Victim 6,” used to “work” for Taylor and died in California from a drug overdose while she was with him.
The women had ads posted on Backpage and Taylor used hotels near Blue Ridge Cutoff near the sports stadiums to conduct his business. He would get the women to go to California and show them an extravagant lifestyle. He started them off dancing in strip clubs, then suggested they work as prostitutes. When the women agreed to prostitute, Taylor would fly them back to Kansas City to work. Taylor kept the money earned by the women from prostitution.
A second victim told investigators that Taylor was violent and on one occasion hit her over the head with liquor bottle. The second victim stated she felt like she would be hurt if she did not have sex with him. She said Taylor carried a firearm.
A third victim told federal agents that Taylor was physically violent towards her and would take all of the proceeds from the acts of prostitution. She said Taylor choked her to unconsciousness and forcibly raped her.
A fourth victim’s mother contacted law enforcement to report that her daughter was in Hollywood, Calif., with Taylor and was being held against her will. Taylor had brought the fourth victim to California on two occasions so that she could purportedly model. He provided her with illegal narcotics and kept her in a constant state of intoxication to a point where she became dependent. She told investigators that Taylor kept her from contacting her mother and became hostile; he used her drug dependency to motivate her to do things she would not normally do.
A fifth victim told investigators that she and a sixth victim (now deceased due to a drug overdose) were addicted to heroin. Taylor used heroin and a trip to California to entice them to work as prostitutes. He paid for both of their airfares to California and put them up in a motel somewhere in Los Angeles. Taylor continued to supply them with drugs and then flew them both back to Kansas City to work as prostitutes. On one occasion, she said, Taylor slapped her in the face and forcibly raped her. She and another victim told investigators that Taylor also was physically abusive to the sixth victim. A witness stated she saw Taylor throw her against the wall and choke her.
This case was prosecuted by Assistant U.S. Attorney Teresa A. Moore. It was investigated by the FBI, the Kansas City, Mo., Police Department, the Los Angeles, Calif., Police Department and the Sacramento, Calif., Police Department in conjunction with the Human Trafficking Rescue Project.
Butte pastor admits stealing from churchRead the Press Release
MISSOULA–The pastor of the United Pentecostal Church in Butte appeared today on wire fraud charges and admitted to embezzling $288,757 from the organization over a four-year period, U.S. Attorney Kurt Alme said.
Kenneth Emmett Hogue, 66, of Butte, pleaded guilty to wire fraud as charged in an information during an initial appearance. Hogue faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. Desoto presided. Hogue was released pending further proceedings.
Hogue’s sentencing was set for Dec. 12, 2019. Chief U.S. District Judge Dana L. Christensen is hearing the case.
The prosecution said in court documents filed in the case that Hogue began serving as pastor of the United Pentecostal Church in Butte in 1982. In April 2012, Hogue was elected secretary/treasurer of the Rocky Mountain District of the UPC. Hogue’s duties as secretary/treasurer included making church offering deposits at the bank, writing checks for church expenses, maintaining financial records and preparing annual financial statements in conjunction with the church’s annual conferences.
From June 2012 to July 2016, Hogue embezzled $288,757 from the church. He admitted the fraud to church personnel and during an FBI interview in March 2018. Hogue carried out the scheme by using a debit card that belonged to the District to withdraw cash from ATMs, by issuing an unauthorized check to himself from a District bank account and by opening a new bank account in the name of the District, without permission, and transferring money into that account. He later removed the transferred money using ATM transactions.
Assistant U. S. Attorney Tim Racicot is prosecuting the case, which was investigated by the FBI.
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Buffalo Man Pleads Guilty to Selling Butyryl FentanylRead 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 Angel Vazquez, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to distribution of butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that in July 2017, an individual working with the Drug Enforcement Administration made arrangements with co-defendant Luis Matias to purchase heroin from Matias. On July 26, 2017, Matias agreed to sell heroin to the individual. Matias sent the defendant to deliver the drugs. Angel Vazquez sold five grams of suspected heroin to the individual in exchange for $500.00.
Charges remain pending against Luis Matias. 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.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, under the direction of Major Edward Kennedy; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for December 11, 2019, before Judge Wolford.
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Buffalo Man Pleads Guilty for His Role in Drug Trafficking OrganizationRead 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 Omar Vazquez-Baez, a/k/a Tutu, 26, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and distribution of, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between July 2017 and September 29, 2017, the defendant conspired with others to distribute cocaine in the Niagara Falls area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa. Vazquez-Baez regularly distributed quantities of cocaine to customers on behalf of the Rivera-Figueroa organization.
On September 13, 2017, investigators intercepted a phone call between Rivera-Figueroa and the defendant. After contacting some of his co-defendants, Rivera-Figueroa told Vazquez-Baez, “I have some lockers for you to take a look at. I already gave six, but for you to see them and offer them around. . . .I’m like a display cabinet right now.” The defendant then met with Rivera-Figueroa and collected several packaged quantities of cocaine. Later that day, Vazquez-Baez called Rivera-Figueroa to ask for more cocaine. During the conversation, the defendant asked Rivera-Figueroa for more cocaine, but Rivera-Figueroa indicated he was out of supply. In response, Vazquez-Baez stated “damn, I had half for today and it was already gone over night, bastard!” explaining that he had a half-kilogram of cocaine and sold it quickly. Vazquez-Baez then stated “I have 3 chickens for sure,” indicating that he had customers prepared to purchase 375 grams of cocaine.
The defendant was arrested on September 29, 2017, inside his residence on 7th Street in Buffalo. During the execution of a search warrant, investigators recovered a .22 caliber firearm; ammunition; multiple quantities of suspected cocaine and marijuana; drug paraphernalia including a vacuum sealer and bag, razors, scales, metal press, cut, and packaging material; and numerous cell phones.
Vazquez-Baez is one of 12 defendants charged in this case and the ninth to be convicted.
The plea is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Police, under the direction of Major Edward Kennedy.
Sentencing is scheduled for January 22, 2020, before Judge Vilardo.
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Bernice Man Sentenced for Dealing MethamphetamineRead the Press Release
A Bernice man was sentenced today in U.S. District Court for possession with intent to distribute methamphetamine, announced U.S. Attorney Trent Shores.
Chief Judge John E. Dowdell sentenced Kenneth James Thunderburk, 38, to five years in federal prison. Thunderburk pleaded guilty to the charge in May 2019.
“Methamphetamine continues to be Oklahoma’s number one problem drug. Kenneth Thunderburk exacerbated that problem by dealing meth to addicts in our community. My concern is not only for the users who struggle daily with addiction, but also for their family and friends. Children who live in a household with a meth-addicted parent are often neglected and subjected to dangerous, unpredictable conditions,” said U.S. Attorney Shores. “Dealers like Kenneth Thunderburk must be put out of business and held accountable for the drug fueled misery they spread.”
Thunderburk was arrested in December 2018 after security at the Hard Rock Hotel and Casino in Catoosa reported him as trespassing to authorities. He had been banned from the premises in 2017. When a Catoosa police officer located the defendant at a near-by smoke shop, he searched the defendant and discovered methamphetamine and a large amount of cash. The officer who conducted the search is cross-commissioned with the Cherokee Nation Marshal Service. After reviewing Hard Rock security footage, investigators concluded that Thunderburk’s behavior while in the casino and during questioning indicated that he was dealing the drug.
“This investigation is a great example of the excellent multi-jurisdictional relationships we have in northeastern Oklahoma,” U.S. Attorney Shores said. “Because of the cross commissions that were in place, local, tribal, and federal officers worked seamlessly together to investigate Kenneth Thunderburk. This is what collaborative policing looks like, and there isn’t any better example in the United States than Northern Oklahoma.”
The Catoosa Police Department, Cherokee Nation Marshal Service, Bureau of Indian Affairs, and Drug Enforcement Administration are the investigative agencies. Assistant U.S. Attorney Scott M. Proctor prosecuted the case.
Austin Main Sentenced to Federal Prison for Felon in Possession and Fraud ConspiracyRead the Press Release
In Austin today, U.S. District Judge Lee Yeakel sentenced 28–year–old Austin resident Douglas Ryan Dahl to 51 months of imprisonment followed by three years of supervised release for being a felon in possession of a firearm and conspiring to commit mail and wire fraud using information obtained from stolen mail, announced U.S. Attorney John F. Bash and Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division. Dahl also was ordered to pay $3,559.78 in restitution.
According to court documents, between about January 1, and December 25, 2018, Dahl conspired with others to obtain money and goods through fraudulent use of stolen and fraudulently obtained PII. Dahl obtained mail stolen by other individuals who pried open mail receptacles in the Austin, Texas area. Dahl was found with thousands of pieces of mail from hundreds of different victims. With a laptop and laser printer, Dahl used the personally identifying information taken from the victims of the stolen mail to create fake, temporary driver’s licenses bearing Dahl’s photograph. Dahl was found driving a 2014 Ford Taurus in December 2018 that he purchased after obtaining $25,000 in financing using stolen personal identification information. A temporary Texas Driver’s License was found in the car in the victim’s name but bearing Dahl’s photo. At the time, Dahl, a convicted felon, possessed a Glock Model 19 9mm handgun and a Remington 12 gauge shotgun.
The U. S. Secret Service, U. S. Postal Inspection Service, and Task Force Officers with the Austin Police Department conducted this investigation. Assistant U.S. Attorney Michael C. Galdo prosecuted this case on behalf of the Government.
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Arizona Man to Federal Prison for Iowa Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced August 23, 2019, to four years in federal prison.
Henock Castillo, 33, from Mesa, Arizona, received the prison term after a March 18, 2019, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Castillo admitted he participated in a conspiracy that distributed at least 13 kilograms of methamphetamine. Castillo arranged for the delivery of methamphetamine to Sioux City. Castillo obtained the meth from his source in Mexico and traveled from Phoenix to Sioux City with the methamphetamine for distribution in Sioux City.
Castillo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Castillo was sentenced to 48 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Castillo is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4069. Follow us on Twitter @USAO_NDIA.
Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Nancy D. Freudenthal sentenced DIEGO ALBERTO LOPEZ-MARTINEZ, 30, of Mexico on August 21, 2019 for illegal re-entry of a previously deported alien into the United States. Lopez-Martinez was arrested in Basin, Wyoming. He received time served plus ten days to allow for deportation proceedings. Lopez-Martinez has previously deported from the United States in November of 2010. The Big Horn County Sheriff’s Office and the U.S. Department of Homeland Security investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced JASON ALLEN LITTLE, 43, of Meeteetse, Wyoming on August 22, 2019 for unlawful user of a controlled substance in possession of a firearm. Little was arrested in Thermopolis, Wyoming. He received thirty months of imprisonment, to be followed by thirty-six months of supervised release. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced NELSON FARIS RAMOS-MIRANDA, 35, of Honduras on August 21, 2019 for illegal re-entry of a previously deported alien into the United States. Ramos-Miranda was arrested in Casper, Wyoming. He received time served plus ten days to allow for deportation proceedings. Ramos-Miranda had previously been deported from the United States in September of 2011. The U.S. Department of Homeland Security investigated this case.
Federal District Court Judge Alan B. Johnson sentenced IVAN RAMOS-TZOMPA, 32, of Mexico on August 27, 2019 for illegal re-entry of a previously deported alien into the United States. Ramos-Tzompa was arrested in Teton County, Wyoming. He received time served plus ten day to allow for deportation proceedings and ordered to pay a $100.00 special assessment. Ramos-Tzompa had previously been deported in 2007. The U.S. Department of Homeland Security investigated this case.
28 August 2019
Woman Admits to Importing MethRead the Press Release
LAREDO, Texas – A 27-year old resident of Norcross, Georgia, has entered a guilty plea for conspiracy and importation of nearly 40 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick.
On June 6, 2019, Vanessa Urzua attempted entry into the United States at the Lincoln Juarez Bridge #2 in Laredo driving a Ford Explorer. During a secondary inspection, authorities conducted an x-ray examination and soon discovered anomalies in all four tires of the vehicle.
Further inspection of the tires revealed non-factory compartments in the tires containing a crystalline substance, which field-tested positive for methamphetamine with a total weight of 39.2 kilograms.
U.S. District Judge Diana Saldaña will impose sentencing at a later date. At that time, Urzua faces up to life in prison and a possible $10,000,000 maximum fine.
She has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Brandon Scott Bowling is prosecuting the case.
Wolf Point woman who shot man over meth debt on Fort Peck Reservation sentenced to 121 months in prisonRead the Press Release
GREAT FALLS—Wolf Point resident Desire Azkadelia Lambert, who admitted shooting a man in the chest after he left a meth deal without paying for the drug, was sentenced today to 121 months in prison and 3 years of supervised release, U.S. Attorney Kurt Alme said.
Lambert, 30, also known as Cassandra Lee Follette, pleaded guilty in May to assault with a dangerous weapon and to possession of a firearm in furtherance of a crime of violence.
U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the prosecution said that on Sept. 13, 2018, the victim received methamphetamine from Lambert on the Fort Peck Indian Reservation and left without paying Lambert. Lambert then borrowed her mother’s vehicle and obtained her firearm and drove to confront the victim. Lambert found the victim outside of a convenience store gas station in Wolf Point and pulled up next to the victim.
Lambert argued with victim, pulled out her gun, and shot the victim in the chest from her car. She fled the scene, disposed of the firearm, and went back to her mother’s house. Local law enforcement arrested Lambert at the residence on tribal charges. Officers searched the area but were unable to locate the gun.
The victim was flown to a Billings hospital where he underwent surgery for a gunshot wound to his chest.
Approximately one month later, while in tribal custody, Lambert contacted the FBI and informed investigators that she had lied about the location of the gun when initially interviewed. Lambert was temporarily released from jail to the custody of the investigators so that she could take the agent to the location where she had hidden the firearm after the shooting. The firearm, a .380-caliber semi-automatic pistol, was under a disabled truck in a neighborhood on the reservation. Officers also found three rounds of ammunition and a pistol magazine.
Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Peck Tribes Department of Law and Justice, Wolf Point Police Department, Roosevelt County Sheriff’s Office and the Montana Highway Patrol.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Wilmington Man Sentenced to More than 14 Years for Illegally Possessing with the Intent to Distribute Cocaine Base (Crack) and Felon in Possession of a FirearmRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, Senior United States District Judge W. Earl Britt sentenced ANTONIO DEVON WILLIAMS, 42, of Wilmington, North Carolina, to 120 months’ imprisonment, plus an additional 51 months for violating his original term of supervised release for a total of 171 months. WILLIAMS will then serve a term of 5 years of supervised released upon his release from prison.
On January 15, 2019, WILLIAMS was named in a seven-count Indictment, and on June 3, 2019, WILLIAMS pled guilty to two of those counts: Possession with the Intent to Distribute Twenty-Eight (28) Grams or More of Cocaine Base (Crack), and a Quantity of Heroin; and Felon in Possession of a Firearm.
In March 2018, Wilmington Police Department (WPD) received information that WILLIAMS was selling narcotics in the Wilmington area. WPD made three controlled purchases of narcotics from WILLIAMS on August 20, October 17, and October 24, 2018. A search warrant was subsequently obtained and executed at WILLIAMS’ residence and two vehicles on October 26, 2018. The search resulted in the seizure of more than 300 grams of marijuana, over 200 bindles of a heroin/fentanyl mixture, nearly 200 grams of crack cocaine, over $7,000 in U.S. currency, a 9mm firearm, and drug paraphernalia.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Wilmington Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Bryan M. Stephany prosecuted the case for the government.
Universal Aryan Brotherhood Members Sentenced to Decades in PrisonRead the Press Release
OKLAHOMA CITY – Two members of the Universal Aryan Brotherhood have been sentenced to decades in prison in separate cases, announced U.S. Attorney Timothy J. Downing of the Western District of Oklahoma. CHRISTOPHER CHAD POOL, aka "Cityboy," 40, will serve 20 years in prison for drug and gun crimes, while OWEN HENRY LONG, JR., aka "Ardmore," 38, will serve more than 28 years in prison for a drug offense.
A federal grand jury indicted Pool on August 21, 2018, for possessing methamphetamine with intent to distribute and possession of a machine gun, a silencer, and an illegally modified rifle. The indictment also charged him with being a felon in possession of three firearms and possessing those firearms in furtherance of a drug-trafficking crime. All of this conduct took place in Canadian County. On March 8, 2019, Pool pleaded guilty to the first five of these six crimes. He has been in the custody of the U.S. Marshals Service since August 2018.
On August 26, 2019, U.S. District Judge Charles B. Goodwin sentenced Pool to 240 months, or 20 years, in federal prison. After imprisonment, he will be on supervised release for five years. In addition, he will forfeit military-style body armor, $5,789 in cash, and more than 30 firearms. At sentencing, the court heard information about Pool’s threats to kill multiple law enforcement officers and their families.
Pool’s co-defendant, CHRISTINA LORAL POOL, aka Christina Loral McNees, aka "Citygirl," 26, pleaded guilty to the same offenses on March 8, 2019, and was sentenced on August 9, 2019, to 72 months, or six years, in prison, to be followed by four years of supervised release.
In a separate case, Long was indicted on July 17, 2018, for crimes in Beckham County: possessing methamphetamine with intent to distribute, being a felon in possession of a semi-automatic pistol, and possessing that pistol in furtherance of drug trafficking. A jury found him guilty of the drug crime on December 13, 2018, and was unable to reach a verdict on the gun offenses. He has been in U.S. Marshals custody since July 2018.
Today, U.S. District Judge Joe Heaton sentenced Long to 340 months, or 28 years and four months, to be followed by four years of supervised release.
Long’s co-defendant, ANGELA DAWN SHEPHERD, 38, was sentenced to 24 months, or two years, in prison for methamphetamine possession with intent to distribute on June 2, 2019. She will be subject to supervised release for three years after service of her sentence.
"These long sentences for Universal Aryan Brotherhood members reflect the violent nature of that gang and will protect the public from the drugs and firearms these sorts of individuals bring into our communities," said U.S. Attorney Downing. "I appreciate the continuing focus on violent gangs by our partner law enforcement agencies, including the Department of Homeland Security and the Bureau of Alcohol, Tobacco, Firearms, and Explosives."
"Homeland Security Investigations (HSI) special agents partner everyday with local and state law enforcement agencies in our joint efforts to combat any public-safety threats," said Ryan L. Spradlin, Special Agent-in-Charge of HSI Dallas. "Gang members and drug traffickers should know that HSI has vast law enforcement resources across the globe to end their ruthless goals of wreaking havoc in our communities."
The Pool sentence is the result of an investigation by HSI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Oklahoma City Police Department and the District Attorney’s Offices for Oklahoma and Canadian Counties. Assistant U.S. Attorneys Nicholas J. Patterson and Wilson D. McGarry prosecuted that case. The Long sentence is the result of an investigation by HSI, with assistance from the District 2 Drug Task Force, the Elk City Police Department, and the District Attorney’s Office for District 2, which includes Beckham County. It was prosecuted by Assistant U.S. Attorneys Nicholas J. Patterson and Jason M. Harley. Both cases are part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, the Department announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
United States Brings Criminal Charges and Files Suit Against Center City DoctorRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain announced that Stephen Padnes, M.D., 77, of Glenside, Pennsylvania, a physician formerly licensed in Pennsylvania, was charged by Indictment with illegally distributing controlled substances and filing false tax returns (the “Indictment”). McSwain also announced two civil law suits brought by the United States, one seeking forfeiture of $1,864,545 in cash seized from the defendant’s home (the “Forfeiture Complaint”) and the other seeking penalties and damages against him for alleged improper opioid prescribing under the Controlled Substances Act and False Claims Act (the “Civil Complaint”).
The Indictment charges that Padnes illegally prescribed Schedule II controlled substances, oxycodone and methadone, on seven occasions between December 21, 2015 and June 29, 2016, without any medical necessity and outside the usual course of medical practice. It also charges that the defendant underreported the income earned by his medical practice, the Psychosomatic Medicine and Pain Rehabilitation Center, Inc., to the Internal Revenue Service by more than $700,000 for calendar years 2012, 2013, and 2014. If convicted, Padnes faces a maximum possible sentence of 149 years’ imprisonment and fines up to $7,750,000.
The Forfeiture Complaint seeks forfeiture of $1,864,545 of cash seized from the defendant’s home during the execution of a search warrant in 2016. The cash is alleged to be the cash proceeds from Padnes’ unlawful medical practice from at least 2010 to 2016. The government alleges that, during that time, the vast majority of the defendant’s “patients” paid up to approximately $500 in cash for prescriptions for controlled substances, including Schedule II opioids such as oxycodone and methadone, that he wrote outside the usual course of medical practice and without a legitimate medial purpose. The government also alleges that Padnes, at times, provided the prescriptions for payment without even seeing the supposed “patient.” The cash was discovered in suitcases and a dresser located in a bedroom in the defendant’s home.
The Civil Complaint alleges that Padnes violated the Controlled Substances Act by issuing a large number of prescriptions for Schedule II opioids in 2014, 2015, and 2016 without a legitimate medical purpose. The government alleges numerous instances where the defendant issued prescriptions for high doses of opioids without keeping medical records in the normal course of medical practice, physical exams, reevaluations, and/or monitoring of the effectiveness of the opioids he prescribed. In one example, the government alleges that Padnes issued prescriptions for so many opioids to a patient that the patient would have needed to consume nearly 70 pills, the equivalent of 4,000 milligrams of morphine, every single day. The government also alleges that the defendant violated the False Claims Act because Medicare and Medicaid paid to fill thousands of these prescriptions, causing a loss to these programs exceeding $1 million.
The Controlled Substances Act provides for penalties for each prescription issued without a legitimate medical purpose up to $25,000 for violations on or before November 2, 2015, and up to $64,820 per violation after November 2, 2015. The False Claims Act allows for damages three times the government’s loss and civil penalties between $5,500 and $11,000 for each false claim presented on or before November 2, 2015, and between $11,181 and $22,363 for each false claim presented after November 2, 2015.
“Using every tool available – from criminal charges to civil complaints – is part of my Office’s continued commitment to fighting healthcare fraud and combatting the opioid epidemic ravaging our communities,” said U.S. Attorney McSwain. “We will not allow criminals, whether they stand on a street corner or wear a lab coat, to cheat the system and exploit people in need of help in order to line their own pockets. This defendant will now have to answer for years of alleged misconduct.”
“As charged in this indictment, Dr. Padnes knew that prescribing potentially deadly amounts of opioids without medical necessity could have devastating effects,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services. “Working closely with our law enforcement partners we are committed to protecting the vulnerable patients who rely on government health programs.”
“Failure to report all income is a felony; one that could result in a prison sentence,” said Guy Ficco, IRS Criminal Investigation Special Agent in Charge. “Let the charges brought against Dr. Stephen Padnes serve as a reminder that we, along with our Law enforcement partners, stand ready to investigate and prosecute those who shirk their tax liability.”
The investigation was conducted by the Philadelphia Field Division of the Drug Enforcement Administration, the U.S. Department of Health and Human Services, Office of Inspector General, Internal Revenue Service Criminal Investigation, and the Federal Bureau of Investigation. For the United States Attorney’s Office, the criminal matter is being prosecuted by Assistant United States Attorney Jerome Maiatico, the civil forfeiture matter is being prosecuted by Assistant United States Attorney Maria M. Carrillo, and the civil Controlled Substances Act and False Claims Act matter is being prosecuted by Assistant United States Attorney John T. Crutchlow.
An Indictment or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty. The civil complaints contain allegations only; there has been no determination of liability.
United States Attorney’s Office and DOJ-Civil Rights Resolve Inquiry into Accessibility for People with Disabilities at Severance CornersRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that it has resolved its inquiry into complaints that certain units at the Severance Corners housing complex were built with architectural barriers that made them inaccessible to people with disabilities in violation of the Fair Housing Act. The matter was handled by United States Attorney’s Office and the Civil Rights Division of the Department of Justice.
“If housing is not built to be accessible for people with disabilities, it is effectively unavailable to those people,” said U.S. Attorney Christina E. Nolan. “Particularly given the limited housing stock in this area, it is critically important that builders are complying with the Fair Housing Act’s requirements to create accessible housing. We commend Severance Corners Village Center, LLC, for quickly committing to make changes once the architectural barriers to accessibility were brought to its attention.”
Those changes included relocating thermostats and electrical switches, making the fitness room accessible, removing obstructions in certain kitchens, and relocating trash receptacles so that they were accessible to people with disabilities.
Civil Division Chief and Civil Rights Coordinator Jules Torti jointly handled this matter for the United States Attorney’s Office for the District of Vermont, in partnership with attorneys from the Civil Rights Division of the Department of Justice.
USAO Honors Federal Protective Service Officers Who Engaged Cabell ShooterRead the Press Release
The U.S. Attorney’s Office for the Northern District of Texas today honored the four Federal Protective Service officers who neutralized a shooter who opened fire on the Cabell Courthouse on June 17.
“It’s been 73 days since a gunman opened fire on the Cabell Federal Courthouse,” U.S. Attorney Erin Nealy Cox said at a private ceremony inside the building Wednesday morning. “A courthouse is one of a few essential nodes within the body politic. It's where cases are adjudicated, where justice is handed out, and where so much federal business is done. To target a courthouse is to target a pillar of our civil society. And it’s not just any house. It’s our house.”
The four FPS officers – tasked with guarding premises, including the roughly 150 Justice Department employees housed inside the building – were granted U.S. Attorney’s Awards of Excellence.
Stationed that day on the south side of the building, all four FPS officers worked swiftly to clear the lobby and sidewalk, and assumed positions of advantage to return the shooter’s fire.
Their names are being withheld at the request of FPS.
“Too often, these situations end in tragedy – families grieving, victims inalterably injured, said U.S. Attorney Nealy Cox. “But that day, not one single federal employee or citizen visiting the courthouse lost their life. Not one was seriously physically injured. And that is thanks to you. When danger came, you acted swiftly and selflessly. For that, we can never thank you enough.”
Also in attendance at today’s ceremony was FPS Regional Director Cathy Long, representatives from the Department of Homeland Security police force, and grateful U.S. Attorney’s Office employees.
U.S. Attorneys Present Statewide Human Trafficking in Hattiesburg TodayRead the Press Release
Hattiesburg, Miss. – U.S. Attorneys Mike Hurst of the Southern District of Mississippi and Chad Lamar of the Northern District of Mississippi announced today an Anti-Human Trafficking Training that their offices are sponsoring on the campus of the University of Southern Mississippi to train law enforcement, governmental agencies, and non-profits on combatting this growing threat to our communities. The event will take place in the Trent Lott Center.
"Human trafficking is a crime against humanity. This training seeks to educate stakeholders throughout the state to combat this modern day form of slavery and oppression. Sadly, this is a growing problem throughout our state and our nation, and through this training, we are seeking to help people understand this scourge that is plaguing our communities, our citizens and our children. In the coming months, you will see more being done to address this issue as our offices prepare to launch a statewide human trafficking coordination council with our federal, state, and local partners. I want to thank USM President Rodney Bennett for hosting us today and for being a partner in this worthy effort," said U.S. Attorney Hurst.
U.S. Attorney Chad Lamar, Northern District of Mississippi, also stressed the importance of this training and this issue in our communities. "The investigation and prosecution of human trafficking cases remains a priority for our office. Those engaged in these offenses prey on the victims, many of whom are young, vulnerable, and subjected to repeated abuse. Many of these victims lack the knowledge, education and resources to escape their unfortunate situations. We must train our law enforcement agencies, social service providers and citizens to recognize the signs of human trafficking if we are to help prevent future occurrences and hold accountable those who choose to engage in such reprehensible conduct." Lamar stated.
Presenters at today’s training event include Ashlee Lucas, the new Mississippi Human Trafficking Coordinator, the Mississippi Center for Violence Prevention, the Gulf Coast Center of Non-Violence, the Mississippi Department of Public Safety, the U.S. Department of Homeland Security, the Federal Bureau of Investigation, the Mississippi Department of Child Protective
Services, Children’s Advocacy Centers, the Mississippi Attorney General’s Office, and the U.S. Attorney’s Offices for the Northern and Southern District of Mississippi.
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U.S. Attorneys Present Statewide Human Trafficking TrainingRead the Press Release
Hattiesburg, Miss. – U.S. Attorneys Mike Hurst of the Southern District of Mississippi and Chad Lamar of the Northern District of Mississippi announced today an Anti-Human Trafficking Training that their offices are sponsoring on the campus of the University of Southern Mississippi to train law enforcement, governmental agencies, and non-profits on combatting this growing threat to our communities.
"Human trafficking is a crime against humanity. This training seeks to educate stakeholders throughout the state to combat this modern day form of slavery and oppression. Sadly, this is a growing problem throughout our state and our nation, and through this training, we are seeking to help people understand this scourge that is plaguing our communities, our citizens and our children. In the coming months, you will see more being done to address this issue as our offices prepare to launch a statewide human trafficking coordination council with our federal, state, and local partners. I want to thank USM President Rodney Bennett for hosting us today and for being a partner in this worthy effort," said U.S. Attorney Hurst.
U.S. Attorney Chad Lamar, Northern District of Mississippi, also stressed the importance of this training and this issue in our communities. "The investigation and prosecution of human trafficking cases remains a priority for our office. Those engaged in these offenses prey on the victims, many of whom are young, vulnerable, and subjected to repeated abuse. Many of these victims lack the knowledge, education and resources to escape their unfortunate situations. We must train our law enforcement agencies, social service providers and citizens to recognize the signs of human trafficking if we are to help prevent future occurrences and hold accountable those who choose to engage in such reprehensible conduct." Lamar stated.
Presenters at the training event include Ashlee Lucas, the new Mississippi Human Trafficking Coordinator, the Mississippi Center for Violence Prevention, the Gulf Coast Center of Non-Violence, the Mississippi Department of Public Safety, the U.S. Department of Homeland Security, the Federal Bureau of Investigation, the Mississippi Department of Child Protective Services, Children’s Advocacy Centers, the Mississippi Attorney General’s Office, and the U.S. Attorney’s Offices for the Northern and Southern District of Mississippi.
Two men from West Virginia indicted in federal court after being found in Ohio with methamphetamineRead the Press Release
Two men from West Virginia were indicted in federal court on methamphetamine charges.
Michael Eugene Hicks, 36 of Charleston, West Virginia, was indicted on one count of possession with intent to distribute over 500 grams of methamphetamine.
Hicks was stopped on Interstate 77 southbound by Ohio State Highway Patrol troopers for numerous traffic infractions on August 5, 2019. He also had an outstanding warrant, according to court documents.
A search of Hicks’ rental vehicle revealed five vacuum-sealed bags on the passenger floorboard totaling approximately 2,314 gram of methamphetamine, according to court documents.
Lanty Carr, 53, of Gassaway, West Virginia, was indicted on one count of possession with intent to distribute a controlled substance. Carr, on May 31, 2019, possessed more than 50 grams of methamphetamine in the Northern District of Ohio, according to the indictment
The cases are otherwise unrelated.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s 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.
The Hicks investigation was conducted by the Federal Bureau of Investigation and Ohio State Highway Patrol and is being prosecuted by Assistant U.S. Attorney Christopher J. Joyce.
The Carr case was investigated by the Ohio State Highway Patrol and ATF and is being prosecuted by Assistant U.S. Attorney Peter E. Daly.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Transnational Drug Trafficker Sentenced to 18 Years in Federal Prison for Conspiracy to Distribute Fentanyl, Heroin, Methamphetamine, and Cocaine and for Money LaunderingRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Braulio Jimenez, age 24, based out of Pasco, Washington, was sentenced after having pleaded guilty on May 14, 2019, to Conspiracy to Distribute 50 Grams or More of Actual (Pure) Methamphetamine, 5 Kilograms or More of Cocaine and 1 Kilogram or More of Heroin, two counts of Money Laundering, and Possession with Intent to Distribute 400 Grams or more of Fentanyl. Senior United States District Judge Edward F. Shea sentenced Jimenez to an 18-year term of imprisonment, to be followed by a 7-year term of court supervision after he is released from federal prison, and imposed a $10,000 fine.
According to information disclosed during court proceedings, this case arose from a Federal Bureau of Investigation (FBI) Task Force investigation in Southern California. The Task Force identified a transnational drug trafficking organization (DTO) and worked in an undercover capacity to identify the DTO’s money laundering activities and locations in the United States where the DTO was trafficking narcotics. Jimenez, who delivered $910,000 in cash drug proceeds to undercover agents, and other co-conspirators were identified by FBI as members of the DTO. When investigators executed a warrant to search Jimenez’s residence, he attempted to flee but was apprehended. Inside Jimenez’s residence, investigators seized over 19,000 Fentanyl-laced pills, 40 pounds of heroin, 4 pounds of methamphetamine, 23 pounds of cocaine, $170,000 in U.S. currency, a cache of firearms including an AR 15 rifle, and ledgers recording drug sales exceeding $6 million.
Senior District Judge Shea commented on the stunning amount of narcotics and drug cash proceeds involved in the case and the damage the DTO has done to the community. United States Attorney Hyslop said, “This case highlights the joint commitment, dedication, and partnership between our state and federal partners in combatting drug trafficking in our community. I commend their outstanding work. This investigation made a substantial mark upon a large-scale organization that had chosen Eastern Washington as a point of operation. It is these types of investigations that bring into focus the dangers drug trafficking organizations pose to our community.”
Today’s enforcement action is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. This OCDETF investigation is being conducted by the Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force in Tri-Cities Washington, Cross Border Violence Task Force (CBVTF) in San Diego CA, Kennewick Police Department, Richland Police Department, Pasco Police Department, Benton County Sheriff’s Office, and Washington Department of Corrections. This case was prosecuted by Stephanie Van Marter, Assistant United States Attorney for the Eastern District of Washington.
Three Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that three previously deported aliens were indicted separately on August 28, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Dauphin, Franklin, and York.
According to United States Attorney David J. Freed, Laurencio Hernandez-Hernandez, age 38, of Mexico, was previously deported from the United States to Mexico in April 2008. He is alleged to have illegally reentered the United States sometime after April 2008, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Felix Ruiz-Arrendondo, age 37, of Mexico, was previously deported from the United States to Mexico in April 2016. He is alleged to have illegally reentered the United States sometime after April 2016, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Hernandez-Hernandez and Ruiz-Arrendondo face a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Luis Mejia-Gomez, age 34, of Honduras, was previously deported from the United States to Honduras in June 2007. He is alleged to have illegally reentered the United States sometime after June 2007, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Mejia-Gomez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne Hoffman is prosecuting the cases.
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.
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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Third Point Funds to Pay $609,810 Civil Penalty and Be Subject to Injunction for Violating Antitrust Premerger Notification RequirementsRead the Press Release
The Justice Department announced today that it will require Third Point LLC and three funds it manages (Third Point Offshore Fund Ltd., Third Point Ultra Ltd., and Third Point Partners Qualified L.P.) to pay a $609,810 civil penalty and be subject to injunction for violating antitrust premerger notification requirements in connection with the three funds’ acquisition of shares of DowDupont Inc.
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C. against Third Point LLC and three funds it manages for violating the premerger notification and waiting period requirements of the Hart-Scott-Rodino (HSR) Act of 1976. At the same time, the department filed a proposed settlement, subject to approval by the court, under which the three Third Point funds have agreed collectively to pay a $609,810 civil penalty to resolve the lawsuit. The settlement also includes injunctive relief, under which Third Point LLC and the three funds are prohibited from undertaking similar acquisitions without complying with notification and waiting period requirements of the HSR Act.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review. Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR violation, which is adjusted annually, is currently $42,530 per day.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
As required by the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Kenneth A. Libby, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon a finding that it serves the public interest.
St. Augustine Registered Child Sex Offender Sentenced to 15 Years for Soliciting A Child to Produce Sex Abuse VideoRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Kenneth Brian Hanger (47, St. Augustine) to 15 years in federal prison for attempting to entice a child over the internet to produce a sexually explicit video of herself. Hanger was also ordered to serve a lifetime of supervised release. In 1994, Hanger was convicted of aggravated indecent assault of a 4-year-old child in Pennsylvania and was required to register as a child sex offender. Hanger has been detained since his arrest on June 5, 2018. He had pleaded guilty to this charge on December 18, 2018.
According to court documents, on May 22, 2018, a detective with the St. Johns County Sheriff’s Office (SJSO) reviewed sex offender registration information provided by Hanger. Hanger disclosed his use of a social media account that did not list his true name. Posing as a 13-year-old child, the detective sent a “friend request” to this account, and Hanger accepted the request and made online contact with the “child.” Between May 24 and June 5, 2018, Hanger and the “child” engaged in online conversations on several occasions using a texting application. Hanger was advised, and acknowledged several times, that the “child” was 13 years old.
On June 1, 2018, Hanger raised the topic of sexual activity between himself and the “child” and suggested meeting to engage in sex. On June 4, 2018, Hanger and the “child” again discussed meeting for sex, and Hanger sent the “child” an explicit photo of himself. Later that day, Hanger asked the “child” to send him a sexually explicit video. The following day, SJSO detectives arrested Hanger at his home. During an interview, Hanger admitted that he engaged in online conversation with the 13-year-old “child,” that he had sent “her” a photo of his own genitalia, and that he had stated that he intended to engage in sex with the “child.”
“This previously convicted sex offender has proven to society that he remains a threat to our communities,” said HSI Tampa Special Agent in Charge James C. Spero. “This sentencing represents the hard work of HSI, the St. Johns County Sheriff’s Office and the United States Attorney’s Office for the Middle District of Florida.”
This case was investigated by the St. Johns County Sheriff’s Office and Homeland Security Investigations as part of Operation “Rip Current.” It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Shaler Twp. Man Possessed 60 Videos and Nearly 3000 Images of Child PornographyRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, Pennsylvania, pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of minors, United States Attorney Scott W. Brady announced today.
Brian R. Reddinger, 36, of Shaler Township pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that in the fall of 2016, Homeland Security Investigations was conducting an online investigation into the internet sharing of child pornography. As part of the investigation, a special agent was able to connect to a device that was sharing material depicting the sexual exploitation of minors and download a suspected child porn file. The investigation led to Brian Reddinger.
On November 1, 2016, agents executed a search warrant on Reddinger’s home. Reddinger admitted to searching, downloading, viewing and possessing child porn. He stated that his downloads are highly structured on his computer. He further stated that he downloaded files of individuals as young as five years of age. He stated that he searches for child porn once a week using child porn terms and that although he deletes a lot of files, he has “probably a gross number” of child porn. He then asked the agents if they could delete or overlook the situation. Three of the items seized from Reddinger contained child porn. In total, there were 2,932 images and 60 videos of child porn on the devices.
Judge Bissoon scheduled sentencing for January 9, 2020. The law provides for a maximum sentence of 20 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense(s) and the prior criminal history, if any, of the defendant. Indicate relevant bond/detention information if known
Pending sentencing, the court continued Reddinger’s bond.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government. The Department of Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
Sarcoxie Man Pleads Guilty to Illegally Possessing Firearms, Including Machine GunRead the Press Release
SPRINGFIELD, Mo. – A Sarcoxie, Missouri man has pleaded guilty in federal court to illegally possessing firearms, including a machine gun.
Leng Lee, 36, pleaded guilty before U.S. Magistrate Judge David P. Rush on Monday, Aug. 26, to one count of being a felon in possession of firearms and to one count of illegally possessing a machine gun.
According to court documents, law enforcement officers participated in the controlled delivery of an international mail package from China addressed to Lee at his residence on April 23, 2019. The parcel contained seven parts (selector switches) that are used to convert a Glock semi-automatic pistol to fire in full-automatic mode. Lee is a convicted felon who is prohibited from possessing firearms and is not licensed to possess a machine gun.
Officers executed a search warrant at Lee’s residence and found numerous firearms, more than 5,000 rounds of ammunition, firearm suppressors, methamphetamine, and marijuana. A total of 18 firearms were seized from Lee by law enforcement officers. Lee told officers that a couple of the firearms were given to him by his deceased father, but the others were purchased by him at gun shows or during hand-to-hand transactions. None of the firearms were purchased from a licensed firearms dealer.
Lee admitted to placing the order for the selector switches and told officers that he had 10-15 past deliveries of the selector switches. Lee said he was able to convert and successfully fire a Glock pistol as a fully automatic firearm.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Lee has two prior felony convictions for burglary, and prior felony convictions for vandalism, criminal conspiracy, grand theft, and being a felon in possession of a firearm.
Under the terms of today’s plea agreement, the government will not seek a sentence higher than 10 years in federal prison without parole. The sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Postal Inspection Service, and the Newton, Mo., Sheriff’s Department.
Registered Sex Offender Sentenced to More Than 11 Years in Federal Prison for Possession of Child PornographyRead the Press Release
Greenbelt, Maryland - U.S. District Judge Paula Xinis today sentenced Timothy Lawrence Day, age 59, of Rockville, Maryland, to 135 months in federal prison, followed by 10 years of supervised release, for possession of child pornography. Judge Xinis ordered Day to pay a $20,000 fine and a $5,000 special assessment. Judge Xinis also ordered that, upon his release from prison, Day must continue to 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; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Acting Chief Marcus Jones of the Montgomery County Police Department.
According to his guilty plea, on May 2, 2017, Day purchased and downloaded a file from a specific website, knowing that the file contained visual depictions documenting the sexual abuse of minors, including prepubescent children. Specifically, the downloaded files depicted prepubescent minor girls engaged in sexually explicit conduct with adult men.
On November 7 and November 19, 2018, law enforcement officers executed search warrants at Day’s residence and seized multiple electronic devices, including a desktop computer and two thumb drives that Day used to facilitate the receipt and possession of child pornography. A subsequent forensic analysis of the seized electronic devices revealed at least 55 images depicting prepubescent children engaged in sexually explicit conduct, including sadistic conduct. Additional evidence obtained during the investigation revealed that Day paid for the file he downloaded in May with a credit card in his name, and received the password to unencrypt the purchased folder using his personal e-mail address. A search warrant executed on Day’s personal e-mail address revealed that on or about December 29, 2017, Day purchased another file that contained at least seven videos, plus at least 105 images depicting prepubescent children engaged in sexually explicit conduct. In all, Day received and possessed more than 600 images of child pornography.
Day was previously convicted for possession of child pornography in the U.S. District Court for the District of Columbia in 2002.
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 HSI-Baltimore, the Maryland State Police, and the Montgomery County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Erin B. Pulice and Joseph R. Baldwin, who prosecuted the federal case.
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Registered Sex Offender Sentenced to 30 Years for Producing Child Pornography with A 4-Year OldRead the Press Release
A registered sex offender who took sexually explicit photographs of a four-year old girl in East
St. Louis will spend the next three decades behind bars. Andrew Wigfall, III, of East St. Louis has been sentenced to 30 years in federal prison and a lifetime term of supervised release for producing child pornography. The 47-year old defendant pleaded guilty to the charge earlier this year.Wigfall’s crime first came to light on Jan. 26, 2019, when numerous local law enforcement agencies received calls that his Facebook Messenger account was distributing child pornography. Among the illicit photographs were images of Wigfall with a nude four-year old girl. The child’s grandmother saw the pictures and recognized they had been taken in her basement. She explained to police that
Wigfall was a friend who often came over to her house to play dominoes with her husband when they were babysitting their grandchildren. She reported that neither she nor her husband had any idea the photographs had been taken, and they were unaware at the time that Wigfall was a registered sex offender.When interviewed by police, Wigfall admitted taking explicit photographs of the girl with his cell phone just a few weeks earlier. He told investigators he had lost his phone on Jan. 25 and was not the person responsible for distributing the images over Facebook. Efforts by law enforcement to track and locate the phone were unsuccessful.
At the sentencing hearing, the victim’s grandmother expressed outrage on behalf of the family: “I never thought this would happen to us. I’m supposed to protect my children and grandchildren. But my trust was betrayed…. [Wigfall] wasn’t there to be my husband’s friend. He was there to seek out my granddaughter.” She added that her husband feels “like it’s all his fault” and that he constantly “apologizes to me that he let this man into our home.”
In handing down the sentence, Chief United States District Judge Nancy J. Rosenstengel explained that a 30-year term was necessary to protect the public, specifically citing Wigfall’s history of sexual offending. Wigf ll has a prior conviction in St. Clair County Circuit Court for aggravated criminal sexual abuse.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May
2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”The case was investigated by the United States Secret Service and the East St. Louis Police
Department. The case was prosecuted by Assistant United States Attorney Laura Reppert.Raleigh Man Sentenced to 57 Months for Illegally Possessing a FirearmRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced MICHAEL ANTONIO GATLING, 37, of Raleigh, North Carolina, to 57 months’ imprisonment, followed by 3 years of supervised released.
GATLING was named in a three-count Indictment on September 19, 2018. Count One charged Possession of a Firearm by a Felon; Count Two charged Possession of a Firearm With a Removed, Altered, or Obliterated Serial Number; and Count Three charged Possession With Intent to Distribute a Quantity of Marijuana. On May 20, 2019, GATLING pled guilty to Possession of a Firearm by a Felon.
On June 15, 2018, the Raleigh Police Department received information from a concerned citizen alleging that GATLING was selling drugs in front of a laundromat in Raleigh. Additionally, the anonymous source stated that GATLING possessed a firearm either in his vehicle or on his person. Upon arrival at the scene, investigators observed GATLING as described by the source of information. GATLING informed investigators that the vehicle he was beside was his and stated that there was no firearm present. GATLING refused to give consent to search his vehicle. Investigators observed in plain sight the handle of a large knife; a lump under the driver’s side floor mat, which appeared consistent with the shape of a firearm; white powder, believed to be cocaine; and a small amount of marijuana inside of GATLING’S vehicle.
Investigators seized a 9mm semi-automatic pistol, 10 rounds of ammunition, 6 grams of marijuana and a knife from GATLING and/or his vehicle. GATLING denied ownership of the firearm. Investigation determined that the firearm had an obliterated serial number and GATLING was prohibited from possessing firearms and ammunition due to his prior felony convictions.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Daniel W. Smith prosecuted the case for the government.
Papillion Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced today that Thomas Janes, 25, of Papillion, Nebraska, was sentenced Monday by Senior United States District Judge Laurie Smith Camp to 24 months’ imprisonment for possessing child pornography. There is no parole in the federal system. After his release, Janes will begin a five-year term of supervised release and will be required to register as a sex offender.
In 2015, Homeland Security Investigations, Cyber Crimes Center, Child Exploitation Investigations Unit, found that a person in Papillion, Nebraska, uploaded images onto a website that had been taken over by police. A search warrant was executed on the home where the upload originated from and Janes admitted at that time to being the user who uploaded the image. A subsequent investigation revealed Janes possessed over 600 videos of child pornography and over 1,700 images. At the time of the search, Janes was 20 years old.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by Homeland Security Investigations.
Palm Beach County Resident Sentenced to 30 Years in Prison for Distributing Cocaine and Illegally Possessing a Machine GunRead the Press Release
On August 27, 2019, Fort Lauderdale U.S. District Judge William P. Dimitrouleas sentenced Ariel Figueroa-Cacheres, 22, of Palm Beach County, to 30 years in prison, after he previously pled guilty to possessing a machine gun in furtherance of a drug trafficking crime and possessing cocaine with the intent to distribute the controlled substance (Case No. 19cr90035).
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
In 2019, an undercover agent purchased cocaine from Figueroa-Cacheres on multiple occasions in Palm Beach County, Florida, after learning from an informant that Figueroa-Cacheres was in possession of Glock auto-sears. During the investigation, the undercover expressed an interest in purchasing Glock auto sears, in addition to the cocaine. A Glock auto sear, commonly referred to as “Glock switch,” or “Glock chip,” is an after-market device, which is designed to illegally convert a semiautomatic Glock-type pistol into a machine gun. Shortly after the narcotics purchases, agents executed a search warrant at Figueroa-Cacheres’ residence and seized a Glock, semi-automatic pistol, 3 Glock fully-automatic machine gun conversion switches, a distribution quantity of cocaine, digital scales, cutting agents, and packing materials used for narcotics sales.
Within the carport of Figueroa-Cacheres’ residence agents located multiple packages, ready to be shipped to Honduras, containing hundreds of rounds of ammunition, multiple high-capacity drum magazines, holsters, Glock stocks, and 17 additional Glock fully-automatic conversion switches.
Further examination by the ATF Firearms Technology Criminal Branch determined that the Glock switches were parts used for converting firearms into machine guns, and therefore classified as illegal, unregistered machine guns.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated 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.
U.S. Attorney Fajardo Orshan commended the investigative efforts of ATF, PBSO’s Tactical Unit, and HSI in this matter. The case was prosecuted by Assistant U.S. Attorney John C. McMillan.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or http://pacer.flsd.uscourts.gov.
Owners of Suburban Youth Counseling Center Indicted on Fraud Charges for Allegedly Defrauding Illinois Medicaid out of $4 MillionRead the Press Release
CHICAGO — The owners of a suburban Chicago youth counseling center defrauded Illinois Medicaid out of approximately $4 million through a fraudulent billing scheme, according to an indictment returned in federal court.
From 2011 to 2018, SUMMER MATHESON and TERRENCE EWING, co-owners of Laynie Foundation Inc., along with foundation employee RICHARD GRUNDY, fraudulently billed Illinois Medicaid for more mental health counseling services than the foundation actually provided, the indictment states. Matheson, Ewing and Grundy also used the Matteson-based foundation to seek payment from Illinois Medicaid for non-reimbursable activities, such as internal case reviews, staff training, clinical supervision and recordkeeping, the indictment alleges. The indictment additionally accuses Matheson of attempting to cover up the fraud by directing foundation personnel to backdate and falsify patient records to make it appear that a licensed practitioner had reviewed and approved certain mental health services, when, in fact, Matheson knew that a practitioner had not reviewed and approved those services. As a result of the fraud, Matheson, Ewing and Grundy fraudulently obtained approximately $4 million from Illinois Medicaid and managed-care organizations used by Illinois Medicaid, the indictment states.
The indictment was returned Tuesday. It charges Matheson, 41, and Ewing, 57, both of Dyer, Ind., with six counts of health care fraud. Matheson is also charged with one count of obstruction of justice. Grundy, 34, of Chicago, is charged with five counts of health care fraud. Arraignments in U.S. District Court in Chicago have not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI. The Illinois Attorney General’s Office and Illinois State Police assisted in the investigation. The government is represented by Assistant U.S. Attorneys Prashant Kolluri and Charles W. Mulaney.
The U.S. Attorney’s Office and Illinois Attorney General’s Office previously intervened in a civil lawsuit that a private citizen filed against the foundation pursuant to the qui tam, or whistleblower, provisions of the False Claims Act. The lawsuit is pending in federal court.
Medicaid is a state-administered program, and each state sets its own guidelines regarding eligibility and services. For Illinois Medicaid recipients, funding is shared between the federal government and the State of Illinois.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The obstruction count is punishable by up to 20 years in prison, while each health care fraud count carries a maximum sentence of ten years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Omaha Man Convicted of Robbery of United States PropertyRead the Press Release
United States Attorney Joe Kelly announced that Dajuan Sharron was convicted of robbery of United States property following a three-day jury trial in federal court in Omaha before the Honorable Robert F. Rossiter, Jr. The jury returned its verdict on August 28, 2019.
A confidential informant, working with the ATF, had arranged to meet Sharron and two others in order to purchase handguns with money supplied by the ATF. When they met on August 7, 2018, Sharron threatened to shoot the informant if the informant didn’t give Sharron the buy money. Sharron took the $1,500 in cash that the ATF had provided to the informant and fled the area. Sharron will be sentenced on December 6, 2019 and faces up to 15 years’ incarceration and a $250,000 fine.
This case was brought as part of Project Safe Neighborhood, a nationwide initiative to combat gun violence and gang activity.
This case was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosive and the Omaha Police Department’s Gang and Firearms Unit.
Oilfield Company Sentenced in Worker Death CaseRead the Press Release
Company Ordered to Pay $2.1 Million in Fine and Restitution, Enters Probation
WASHINGTON / BISMARCK – An oilfield services company pleaded guilty and was sentenced today in federal court in Bismarck, North Dakota, on charges related to the death of an oilfield worker, the Department of Justice announced today.
The victim, Dustin Payne, worked for Nabors Completion and Production Services (NCPS) at its Williston, North Dakota facility. On Oct. 3, 2014, Payne welded on an uncleaned tanker trailer that had previously carried "production water" or "saltwater," a liquid waste generated by oil wells and contains flammable chemicals. The tank exploded and Payne was fatally injured. A Marine Corps veteran of campaigns in Iraq and Afghanistan, Payne had recently moved to North Dakota to work in the booming oil industry. He was 28 years old.
Federal law makes it illegal to weld on tanks or other containers that have not been thoroughly cleaned to remove all flammable materials and explosion hazards.
The defendant, C&J Well Services, is the corporate successor to NCPS. NCPS knew that it was against the law to weld on uncleaned tanks and had written policies prohibiting the practice. NCPS policies mandated special training for welders and internal auditing procedures to make sure that welding rules were actually being followed. However, NCPS did not provide welding-specific training to Payne or other welders at the Williston facility, did not effectively supervise the work of the Williston welders, did not
require the welders to obtain hot work permits prior to welding and did not follow internal auditing procedures. As a result, Payne and other welders repeatedly welded on uncleaned tanks that contained flammable hydrocarbon residue.
C&J pleaded guilty to a willful violation of the standard requiring that tanks be cleaned before welding. U.S. District Judge Daniel L. Hovland sentenced C&J to pay a $500,000 fine, $1.6 million in restitution to the victim’s estate, and a three-year term of probation, during which C&J must allow the Occupational Safety and Health Administration (OSHA) to inspect its facilities and equipment across the country without a warrant, without advance notice and without a specified inspection reason.
"The North Dakota oil industry attracts thousands of workers from across the country for the prospect of well-paying jobs, and many of those workers initially lack significant oilfield experience," said U.S. Attorney Drew H. Wrigley for the District of North Dakota. "Companies have an obligation to educate North Dakota workers and when they fail to meet those obligations, we will hold them accountable."
"Company safety policies and compliance monitoring programs that are not implemented, existing only as theoretical paper tigers, do not in fact protect workers," said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. "Employers that willfully fail to follow workplace safety laws will be prosecuted to the fullest extent of the law."
"Federal law has long prohibited welding on uncleaned tanks and employers must comply with these standards to protect their workers," said Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health at the U.S. Department of Labor. "OSHA vigorously enforces these standards and, when necessary, will make criminal referrals to the Justice Department to prevent future injuries and fatalities."
"On behalf of the Inspector General, I offer our deepest condolences to the family and friends of Dustin Payne whose tragic death resulted from the willful violation of a Federal safety standard designed to safeguard against dangerous conditions and incidents such as this," said Andrea M. Kropf, Regional Special Agent-in-Charge at the Department of Transportation Office of Inspector General. "Together with our law enforcement and prosecutorial partners, we are committed to pursuing companies who put the lives of those working in the transportation industry and the public at large at risk."
The case was prosecuted by Senior Trial Attorney Christopher Costantini and Trial Attorney Samuel Charles Lord of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Gary Delorme of the District of North Dakota. The case was investigated by the OSHA, the U.S. Environmental Protection Agency - Criminal Investigation Division and the U.S. Department of Transportation Office of the Inspector General, with additional support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Norwalk Man Sentenced to 10 Years in Federal Prison for Distributing HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOSEPH DANIELS, also known as “Sean,” 36, of Norwalk, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 120 months of imprisonment, followed by eight years of supervised release, for distributing heroin.
According to court documents and statements made in court, Norwalk Police arrested Daniels on May 15, 2018, after officers had made multiple controlled purchases of narcotics from him. On that date, investigators conducted court-authorized searches of Daniels’ residence, car, and storage units he rented, and seized approximately 190 grams of heroin, other drugs, drug paraphernalia, and more than $59,000 in cash.
Daniels has been detained since his arrest. On February 1, 2019, he pleaded guilty to one count of possession with intent to distribute 100 grams or more of heroin.
Daniels’ criminal history includes state drug convictions and a federal conviction for distributing crack cocaine. In June 2003, he was sentenced in Bridgeport federal court to 43 months of imprisonment.
This matter was investigated by the Drug Enforcement Administration and the Norwalk Police Department. This case was prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
North Dakota Oilfield Company Sentenced in Worker Death CaseRead the Press Release
An oilfield services company pleaded guilty and was sentenced today in federal court in Bismarck, North Dakota, on charges related to the death of an oilfield worker, the Department of Justice announced today.
The victim, Dustin Payne, worked for Nabors Completion and Production Services (NCPS) at its Williston, North Dakota facility. On Oct. 3, 2014, Payne welded on an uncleaned tanker trailer that had previously carried “production water” or “saltwater,” a liquid waste generated by oil wells that contains flammable chemicals. The tank exploded and Payne was fatally injured. A Marine Corps veteran of campaigns in Iraq and Afghanistan, Payne had recently moved to North Dakota to work in the booming oil industry. He was 28 years old.
Federal law makes it illegal to weld on tanks or other containers that have not been thoroughly cleaned to remove all flammable materials and explosion hazards.
The defendant, C&J Well Services, is the corporate successor to NCPS. NCPS knew that it was against the law to weld on uncleaned tanks and had written policies prohibiting the practice. NCPS policies mandated special training for welders and internal auditing procedures to make sure that welding rules were actually being followed. However, NCPS did not provide welding-specific training to Payne or other welders at the Williston facility, did not effectively supervise the work of the Williston welders, did not require the welders to obtain hot work permits prior to welding and did not follow internal auditing procedures. As a result, Payne and other welders repeatedly welded on uncleaned tanks that contained flammable hydrocarbon residue.
C&J pleaded guilty to a willful violation of the standard requiring that tanks be cleaned before welding. U.S. District Judge Daniel L. Hovland sentenced C&J to pay a $500,000 fine, $1.6 million in restitution to the victim’s estate, and a three-year term of probation, during which C&J must allow the Occupational Safety and Health Administration (OSHA) to inspect its facilities and equipment across the country without a warrant, without advance notice and without a specified inspection reason.
“Company safety policies and compliance monitoring programs that are not implemented, existing only as theoretical paper tigers, do not in fact protect workers,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “Employers that willfully fail to follow workplace safety laws will be prosecuted to the fullest extent of the law.”
“The North Dakota oil industry attracts thousands of workers from across the country for the prospect of well-paying jobs, and many of those workers initially lack significant oilfield experience,” said U.S. Attorney Drew H. Wrigley for the District of North Dakota. “Companies have an obligation to educate North Dakota workers and when they fail to meet those obligations, we will hold them accountable.”
“Federal law has long prohibited welding on uncleaned tanks and employers must comply with these standards to protect their workers,” said Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health at the U.S. Department of Labor. “OSHA vigorously enforces these standards and, when necessary, will make criminal referrals to the Justice Department to prevent future injuries and fatalities.”
“On behalf of the Inspector General, I offer our deepest condolences to the family and friends of Dustin Payne whose tragic death resulted from the willful violation of a Federal safety standard designed to safeguard against dangerous conditions and incidents such as this,” said Andrea M. Kropf, Regional Special Agent-in-Charge at the Department of Transportation Office of Inspector General. “Together with our law enforcement and prosecutorial partners, we are committed to pursuing companies who put the lives of those working in the transportation industry and the public at large at risk.”
The case was prosecuted by Senior Trial Attorney Christopher Costantini and Trial Attorney Samuel Charles Lord of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Gary Delorme of the District of North Dakota. The case was investigated by the OSHA, the U.S. Environmental Protection Agency - Criminal Investigation Division and the U.S. Department of Transportation Office of the Inspector General, with additional support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
North Carolina Man Sentenced to 15 Years in Prison for Charges Relating to North Bay Armed Home Invasion Robbery SchemeRead the Press Release
SAN FRANCISCO – Jaray Simmons was sentenced today to 15 years in prison, and ordered to pay $20,275.73 in restitution, for his role in a scheme to conduct armed home invasion robberies in Northern California to obtain marijuana for resale on the East Coast, announced United States Attorney David L. Anderson and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Edward M. Chen, U.S. District Judge.
Simmons, 29, of Winston-Salem, N.C., pleaded guilty to the charges on May 7, 2019. According to his plea agreement, Simmons was one of eight codefendants who agreed to target houses in northern California he believed contained bulk quantities of marijuana and the cash proceeds of marijuana sales. The eight codefendants agreed to conduct armed home invasion robberies of the targeted homes and to distribute for a profit on the East Coast the marijuana they were able to steal.
In March of 2018, Simmons traveled by car with three codefendants from Winston-Salem to California to carry out the plan. When the four codefendants reached Sacramento, they obtained multiple weapons and one of the codefendants purchased supplies, including jackets, duffel bags, scissors, a vacuum sealer, and vacuum bags. The codefendant purchased these items to package for shipment the marijuana stolen during the home invasion robberies. Meanwhile, four co-defendants traveled from Richmond, Va., to Washington, D.C., and then from Washington by plane to San Francisco. After arriving in Northern California, the four Virginia codefendants obtained a supply of firearms and ammunition.
All eight defendants met in Novato, Calif., on March 12, 2019, and traveled in two cars from Novato to a residential street in Petaluma. The plea agreements provide the following facts regarding the events of the evening:
A codefendant kicked open the front door of the first residence and six of the coconspirators entered. The residence was occupied by a man and a woman who were forced inside the bathroom and bound with duct tape. At least one codefendant threatened to kill the victims if they did not cooperate, at least one codefendant pointed a firearm at the victims to threaten them into providing the location of marijuana and money, and at least one codefendant struck the male victim inside the bathroom in an effort to get him to disclose the location of marijuana and money. The victims explained they did not have any marijuana and that the defendants were in the wrong house.
Six of the defendants then walked to a nearby second house. The group separated into two smaller groups and broke into the second house through both the front door and a side door. A codefendant grabbed a telephone from a woman occupant and threw it on the floor. At least one codefendant questioned the female victim about the location of marijuana and money. The woman was dragged by the hair and locked inside a closet. The woman said there was no marijuana in the house but that she had money in a drawer.
Two codefendants who were outside the second house encountered a neighbor. They brought the neighbor into the second house, pointed a gun at the victim, tied him with an electrical extension cord, and repeatedly struck him while asking where the marijuana and money was located. The male victim repeated that the defendants were in the wrong house.
The defendants heard the police approaching and left the house. The defendants attempted to escape in the two vehicles in which they arrived. The police gave chase. Eventually, all the codefendants were apprehended, some as they abandoned their vehicle, others when they arrived at San Francisco International Airport later in the afternoon of March 12, 2018, and one defendant several days later.
On April 26, 2018, a federal grand jury indicted Simmons and seven codefendants, charging all with conspiracy to commit robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a); conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846; two counts of attempted robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a) and 2; and possession or use of a firearm during and in relation to and in furtherance of a crime of violence and a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i) and 2. Simmons pleaded guilty to both conspiracy charges and to the firearm possession charge.
In addition to the prison term, Judge Chen sentenced the defendant to a three-year period of supervised release and ordered that Simmons pay restitution of $20,275.73. Simmons has been in custody since his arrest on March 12, 2018, and will begin serving his sentence immediately.
Simmons is the second defendant to be sentenced in connection with the conspiracies. Other defendants who have pleaded guilty for their role in the scheme include the following:
Defendant
Age/Residence
Pleaded guilty (date)
Status
Siddiq Abdullah
22/Richmond, VA
May 7, 2019
Sentenced on
August 21, 2019 to 84 months in prison
Nakia Jones
23/Richmond, VA
May 7, 2019
To be sentenced September 11, 2019
Melvin Corbin
20/Richmond, VA
May 9, 2019
To be sentenced September 4, 2019
Ledarrell Crockett
29/Winston-Salem, NC
May 29, 2019
To be sentenced September 25, 2019
Chrishawn Beal
22/Winston-Salem, NC
July 31, 2019
To be sentenced October 23, 2019
Assistant U.S. Attorney Christiaan Highsmith is prosecuting the case with the assistance of Lance Libatique. The prosecution is the result of an investigation by the FBI, the Sonoma County Sheriff’s Department, and the Santa Rosa Police Department. The investigation was conducted and funded in part by the Organized Crime Drug Enforcement Task Force, a multi-agency task force that coordinates long-term narcotics trafficking investigations.
New York City Man Admits to Making False Statements Involving International TerrorismRead the Press Release
Fabjan Alameti, a New York City resident who was arrested at a Bozeman shooting range, today pleaded guilty to charges of making false statements involving international terrorism to the FBI, announced U.S. Attorney Kurte Alme for the District of Montana.
Alameti, 21, pleaded guilty to two counts of false statements to a federal officer in a matter involving international terrorism. He faces a maximum eight years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Dec. 13, 2019 before Chief U.S. Judge Dana L. Christensen. Alameti was detained pending further proceedings.
In court records filed in the case, the prosecution said Alameti had been part of a terrorism investigation by the FBI in 2018. Alameti traveled to Bozeman in March 2019 and agreed to speak with an FBI agent. During that interview, Alameti said he had never talked about traveling overseas to fight for ISIS and that he had never wanted to hurt any Americans or anyone in the military, or words to that effect.
The statements were false because Alameti used a Facebook account and communicated with others that he wanted to travel overseas and fight for ISIS because he wanted to die a martyr’s death. Alameti also communicated with others about targeting people in the United States and identified targets as gay night clubs, a federal building and an Army recruiting center. Alameti admitted making statements to an individual that he wanted to “shoot people or something,” “I will attack random people to avenge the blood,” and “I’m going to Montana and gonna (sic) buy a gun since all they need is a background check and ID.”
Law enforcement arrested Alameti in April at a Bozeman shooting range after he allegedly took possession of a M1A he had rented.
Assistant U.S. Attorney Jeff Starnes and Trial Attorney Rebecca Magnone, from the National Security Division’s Counterterrorism Section, are prosecuting the case, which was investigated by the FBI.
New Orleans Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
NEW ORLEANS, LOUISIANA - U.S. Attorney Peter G. Strasser announced today that a ELTON JOHNSON, (“JOHNSON”), age 34, of New Orleans, pled guilty on Tuesday, August 27, 2019 to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1).
The Court set sentencing in this matter for November 26, 2019. JOHNSON faces a maximum term of imprisonment of ten (10) years, a maximum $250,000 fine, three (3) years supervised release following any term of imprisonment, and a $100 special assessment fee.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This matter was handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Louisiana State Police. Assistant United States Attorney Duane A. Evans is prosecuting the matter.
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New Haven Man Charged with Credit Card Fraud, Wire Fraud and Identity Theft OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned a 10-count indictment charging STEVEN A. FINKLER, 55, of New Haven, with credit card fraud, wire fraud and identity theft offenses.
The indictment was returned on August 8, 2019, and Finkler was arrested on August 15. He appeared yesterday before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and pleaded not guilty to the charges. Finkler is detained pending trial.
As alleged in the indictment, in August 2017, Finkler, who has a prior federal conviction for access device fraud (credit card fraud), made more than $1,000 worth of fraudulent purchases using the credit cards of two victims.
The indictment further alleges that Finkler, using another individual’s identity, opened a membership at a fitness center with gym locations throughout Connecticut. Finkler also used the same stolen identity to create accounts with mobile device payment applications. Between September 2018 and May 2019, Finkler visited multiple gym locations and stole credit cards from lockers and other locations while the victims were located elsewhere in the gym. Using the stolen credit cards, and the mobile device payment applications, he made thousands of dollars in fictitious charges to internet bank accounts that he created and controlled. He then returned the credit cards to the victims’ wallets before the victims returned to the locker room.
The indictment charges Finkler with one count of access device fraud and four counts of wire fraud. Each of these charges carries a maximum term of imprisonment of 20 years. The indictment also charges Finkler with five counts of aggravated identity theft, an offense that carries a mandatory minimum term of imprisonment of two years on each count.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Secret Service, Connecticut Financial Crimes Task Force, and the Wallingford, Avon, North Haven, Madison, Glastonbury and Branford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Sarala Nagala and Margaret Maigret.
U.S. Attorney Durham noted that Steven Finkler has also used the name “Andrew Finkler,” as well as other aliases. Individuals who believe they have been victimized by this scheme, or by this defendant, are encouraged to call the U.S. Secret Service at 203-865-2449.
New York City Man Admits to Making False Statements Involving International TerrorismRead the Press Release
WASHINGTON – Fabjan Alameti, a New York City resident who was arrested at a Bozeman shooting range, today pleaded guilty to charges of making false statements involving international terrorism to the FBI, announced U.S. Attorney Kurt Alme for the District of Montana.
Alameti, 21, pleaded guilty to two counts of false statements to a federal officer in a matter involving international terrorism. He faces a maximum eight years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Dec. 13, 2019 before Chief U.S. Judge Dana L. Christensen. Alameti was detained pending further proceedings.
In court records filed in the case, the prosecution said Alameti had been part of a terrorism investigation by the FBI in 2018. Alameti traveled to Bozeman in March 2019 and agreed to speak with an FBI agent. During that interview, Alameti said he had never talked about traveling overseas to fight for ISIS and that he had never wanted to hurt any Americans or anyone in the military, or words to that effect.
The statements were false because Alameti used a Facebook account and communicated with others that he wanted to travel overseas and fight for ISIS because he wanted to die a martyr’s death. Alameti also communicated with others about targeting people in the United States and identified targets as gay night clubs, a federal building and an Army recruiting center. Alameti admitted making statements to an individual that he wanted to “shoot people or something,” “I will attack random people to avenge the blood,” and “I’m going to Montana and gonna (sic) buy a gun since all they need is a background check and ID.”
Law enforcement arrested Alameti in April at a Bozeman shooting range after he allegedly took possession of a M1A he had rented.
Assistant U.S. Attorney Jeff Starnes and Trial Attorney Rebecca Magnone, from the National Security Division’s Counterterrorism Section, are prosecuting the case, which was investigated by the FBI.
Monroe County Woman Sentenced to Seven Years’ Imprisonment for Sex Trafficking and Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jordan Capone, age 24, of Mt. Pocono, was sentenced to seven years’ imprisonment on August 27, 2019, by U.S. District Court Judge Malachy E. Mannion, for participating in a conspiracy that forced or coerced women to engage in prostitution in northeastern Pennsylvania, and for distributing the drug known as “molly” in Monroe County.
According to United States Attorney David J. Freed, Capone, who used the gang name “Angel,” previously pleaded guilty to conspiring with others to commit sex trafficking by force, fraud, and coercion between 2011 and June 2014, and to distributing molly between 2012 and 2016.
Capone’s conviction and sentence resulted from an investigation into the activities of a street gang known as the Black P-Stones. Male gang members were “beaten-in” to the gang and female members were “sexed-in” to the gang. Members of the Black P-Stones obtained heroin and other drugs, including “molly,” in New York and distributed the drugs in Stroudsburg and locations in the state of Maine. Couriers were used to transport heroin from New York to Maine.
Females were “sexed-in” to the gang by being forced to engage in sex with male gang members; recruited and coerced to engage in prostitution; advertised as adult escorts on a website; provided with heroin and other drugs; and placed in various are hotels/motels to work as prostitutes. Gang members, including Capone, used threats, force, drugs, and intimidation to coerce females to engage in prostitution.
Judge Mannion also ordered Capone to serve five years of supervised release following her prison sentence. Capone must also comply with sex offender registration and notification requirements.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorneys Francis P. Sempa and Phillip Caraballo prosecuted the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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