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Monday 15 July 2019
Guatemalan National Charged with Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that CARLOS HUMBERTO CARRETO-ROMERO, age 29, was charged on Wednesday, July 10, 2019 in a one-count bill of information for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the bill of information, CARLOS HUMBERTO CARRETO ROMERO (“CARRETO-ROMERO”), reentered the United States after he was previously deported on September 4, 2012. If convicted, CARRETO-ROMERO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Guatemalan National Charged with Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that ISAIAS MENDOZA-AILON, age 24, was charged on Wednesday, July 10, 2019 in a one-count bill of information for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the bill of information, ISAIAS MENDOZA-AILON (“MENDOZA-AILON”), re-entered the United States after being previously deported on October 3, 2018. If convicted, MENDOZA-AILON faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Former Physician Sentenced for Illicit Drug Distribution Activity and Identity TheftRead the Press Release
A Warren man was sentenced today to 64 months in prison for creating and distributing fraudulent controlled substance prescriptions, U.S. Attorney Matthew Schneider announced.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Division.
According to court records, Dimitar Cvetkoski, 41, posted advertisements on Craigslist illicitly marketing controlled substances. In one advertisement, Cvetkoski wrote: "Have Party favors, Rx, Or whatever you need if you’re interested."
Cvetkoski stole the identities of two local physicians to create the fraudulent prescriptions that he distributed, and attempted to distribute, to third parties. Cvetkoski also created fraudulent prescriptions that he used to obtain controlled substances for himself.
Additionally, Cvetkoski admitted that he engaged in credit card fraud and illicitly possessed approximately 130 credit card numbers belonging to third parties.
Cvetkoski had previously been licensed to practice medicine but his license had lapsed and he was not authorized to prescribe controlled substances while he was engaged in his illicit activity.
Among the controlled substances that Cvetkoski illegally distributed, and attempted to distribute, were numerous opioid-based drugs.
Cvetkoski was sentenced by U.S. District Judge Paul D. Borman.
The case was investigated by the Federal Bureau of Investigation and the Madison Heights Police Department, and was prosecuted by Assistant United States Attorney Andrew J. Yahkind.
Former Financial Planner Indicted for Investment Fraud Scheme and Failure to File Tax ReturnsRead the Press Release
PENSACOLA, FLORIDA – Former financial planner James A. Young III, 49, of Milton, Florida, was arraigned today in the U.S. District Court in Pensacola after a federal grand jury returned an indictment charging him with two counts of wire fraud and three counts of failure to file tax returns over a three-year period. The indictment was announced today by Lawrence Keefe, United States Attorney for the Northern District of Florida.
The indictment alleges that between 2010 and 2014, while working as a financial planner, Young solicited his clients and others to invest money in false "side investments" in real estate and natural resource rights. The indictment also alleges that Young presented false documents to potential investors and falsely told them he was also personally invested to convince them to invest.
The indictment further alleges that Young then pocketed the money, which totaled over $500,000, and used it for his own personal use. Further, in some instances, Young is alleged to have used money obtained from investors to pay back other investors, fraudulently representing the funds were returns or interest on their investments in order to keep the scheme going. Young also allegedly failed to file his federal tax returns for 2012, 2013, and 2014.
The maximum penalty for wire fraud is twenty years’ imprisonment. The maximum penalty for failure to file tax returns is one year imprisonment. The trial is scheduled for September 3, 2019, at 9:00 a.m. at the United States Courthouse in Pensacola.
Assistant United States Attorney Alicia H. Forbes is prosecuting the case following an investigation by the Emerald Coast Financial Crimes Task Force consisting of the Internal Revenue Service-Criminal Investigation and the Okaloosa County Sheriff’s Office. This case is part of the Department of Justice’s Elder Justice Initiative, which combats elder abuse and financial fraud targeted at seniors and is a key priority of the Department of Justice and the United States Attorney’s Office for the Northern District of Florida.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html
Former Chief of Eastern Shore Volunteer Fire Department Pleads Guilty and is Sentenced to 60 Years in Federal Prison for Attempted Enticement of a MinorRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced James Morris, Jr., age 70, of Cordova, Maryland, to 60 years in federal prison for attempted enticement of a minor. Morris pleaded guilty to that charge today. Judge Russell also ordered that, upon his release from prison, Morris must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA). As detailed in his plea agreement, Morris admitted that his sexual abuse of minor victims spanned several decades, including during the time when he was Chief of the Cordova Volunteer Fire Department. The victims reported that they met Morris in a variety of ways, including through his role as a bus driver for the Talbot County Public Schools and as a Little League umpire.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Talbot County State’s Attorney Scott G. Patterson; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
“James Morris admitted that since the 1980s he has used his position in the community to meet victims that he then sexually abused,” said U.S. Attorney Robert Hur. “We are grateful for the collaboration of our law enforcement partners to remove this sexual predator from the community so he can no longer victimize our children.”
“For decades, Morris preyed upon children using lies, deceit, and even more perversely, his community status,” said Acting Special Agent in Charge Cardell T. Morant of HSI Baltimore. “This exploitation of a position of trust is an atrocity for which no sentence can bring sufficient justice and peace. However, we can be assured by this sentence that Morris will never again be free to victimize another innocent child.”
According to his plea agreement, on September 29, 2017, the Maryland State Police (MSP) received a Cybertip from the National Center for Missing and Exploited Children alleging sexual abuse of multiple minor victims by a member of the Cordova Volunteer Fire Department, who was later identified as Morris. MSP’s investigation led to a search warrant being executed at Morris’ residence on November 30, 2017.
During the search, law enforcement seized several electronic devices. A review of these electronic devices showed that Morris used a specific Yahoo e-mail address and law enforcement obtained a search warrant for this Yahoo email address. The results from that warrant showed that Morris used the e-mail address to respond to an advertisement placed on Craigslist titled “Underage boy looking for daddy – m4m.” The advertisement was placed by a seventeen-year-old minor male victim who lives in Virginia.
The results of the e-mail search showed that Morris and the victim engaged in a sexually explicit conversation online on November 3, 2017. During the conversation, Morris asked to visit the victim at his residence in Virginia and requested a sexually explicit photo of the victim, which the victim provided to Morris.
On March 29, 2019, Morris pleaded guilty in Talbot County Circuit Court to six sex offenses, including the sexual abuse of five separate victims beginning in the 1980s, as well as one count of possession of child pornography in 2017, and one count of solicitation of child pornography related to this case. Sentencing in that case is scheduled for August 2, 2019.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the HSI Baltimore, the Maryland State Police, and the Talbot County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Hur thanked Assistant U.S. Attorney Ayn B. Ducao, who prosecuted the federal case.
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Former Cheerleading Coach Who Committed Sexual Assault on a Cruise Ship Sentenced to 6½ Years in Federal PrisonRead the Press Release
LOS ANGELES – A former cheerleading coach was sentenced today to 78 months in federal prison for sexually assaulting an intoxicated woman on a cruise ship bound from Long Beach to Ensenada, Mexico during the summer of 2015.
Anthony Paul De La Torriente, 30, of Simi Valley, was sentenced today by United States District Judge Dale S. Fischer, who also ordered him to register as a sex offender for the rest of his life. In imposing sentence, Judge Fischer said, “I hope that the fact that a jury of (the victim’s) peers believed her provides some comfort. I believe her too.”
On February 13, a federal jury found De La Torriente guilty of one count of sexual abuse and one count of abusive sexual contact. In reaching the verdict, the jury found that De La Torriente knew the victim was physically unable to decline participation or she had communicated unwillingness to engage in the sexual act.
According to the evidence presented at trial, De La Torriente volunteered to stay alone in the victim’s cabin with the victim, whose severe intoxication from a daytime excursion in Ensenada had worried their colleagues. Once alone with the victim, while the colleagues were away getting food on the cruise ship, De La Torriente sexually assaulted her. When their colleagues returned, they found the victim’s cabin door had been double-locked from the inside. When De La Torriente eventually unlocked the door and allowed their colleagues inside, the victim identified De La Torriente as her attacker.
The victim reported the assault to the cruise ship’s medical and security staff. Swabs taken from the victim’s body matched De La Torriente’s DNA, while swabs taken from inside and outside of his underwear matched the victim’s DNA.
This matter was investigated by the Federal Bureau of Investigation.
This case was prosecuted by Assistant United States Attorneys Cassie D. Palmer of the Public Corruption and Civil Rights Section and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section.
Ex-U.S. Navy Contract Official Sentenced to More than 5 Years in Prison for Bribery Scheme Where He Netted $1.2 Million in KickbacksRead the Press Release
LOS ANGELES – A former civilian employee of the United States Navy who was a senior procurement official for Naval Base Ventura County and who received $1.2 million in illegal kickbacks was sentenced today to 70 months in federal prison.
Fernando Barroso Sr., 69, of Oxnard, was sentenced by United States District Judge John F. Walter. In March, Barroso pleaded guilty to one count of conspiracy and one count of subscribing to a false federal income tax return. Barroso admitted in his plea agreement that he defrauded the United States, submitted false claims for payment and accepted bribes.
Barroso worked for 22 years as the master scheduler for the Public Works Department at the Naval Base, which included three facilities – Point Mugu, Port Hueneme and San Nicolas Island. In this role, Barroso was an “approving official” responsible for approving material purchases, service contracts, vendors and payments to vendors.
Barroso conspired with Theodore Bauer, a Ventura County businessman who operated three entities that received contracts from the Navy. Barroso and Bauer entered into an arrangement in 2008 where Barroso issued and approved work orders and purchase orders for Bauer’s companies. Bauer submitted false invoices on behalf of his companies, and Barroso approved invoices and payments to Bauer’s companies – even though work was not being performed. In return, Bauer gave Barroso 50 percent of all proceeds generated by the scheme.
Prior to September 13, 2011, Bauer paid Barroso in cash – a figure that exceeded $375,000. Beginning on September 14, 2011, when Barroso created F. Barroso & Sons, Bauer paid the kickbacks by issuing checks payable to Barroso’s corporation. In December 2013, Barroso purchased a majority stake in a maintenance company, and Bauer paid kickbacks in the form of checks to that company as well. The total amount of kickbacks paid by Bauer to Barroso in the form of checks was $846,100.
Barroso admitted in his plea agreement that he violated government procurement regulations and violated conflict of interest laws by approving contract payments to the maintenance company he controlled. Barroso further admitted that some of the invoices issued by the maintenance company were simply fraudulent.
Barroso also admitted that he failed to report $95,200 of kickbacks on his 2011 tax return, and that he claimed $331,225 of fictitious deductions on his 2012 tax returns. These violations caused a tax loss to the government of $105,039. Judge Walter ordered Barroso to pay $1,077,718 in restitution to the U.S. Navy and Internal Revenue Service.
Bauer pleaded guilty in November 2018 to conspiracy to commit bribery and is scheduled to be sentenced by Judge Walter on July 22.
This matter was investigated by IRS Criminal Investigation, the Defense Criminal Investigative Service, and the Naval Criminal Investigative Service.
The cases against Barroso and Bauer are being prosecuted by Assistant United States Attorney Daniel J. O’Brien of the Public Corruption and Civil Rights Section.
Elkhart, Indiana Man Sentenced to 47 Years in PrisonRead the Press Release
SOUTH BEND – Rex Hammond, age 55, of Elkhart, Indiana, was sentenced before United States District Court Judge Robert L. Miller, Jr. upon his conviction after a 4-day jury trial in April. Mr. Hammond was convicted on 5 counts of Hobbs Act Robbery, 2 counts of brandishing a firearm during a crime of violence, and 1 count of being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Mr. Hammond was sentenced to 564 months in prison and ordered to pay $2,630 in restitution.
U.S. Attorney Kirsch said, “Hammond’s lengthy sentence should serve as a reminder to all violent criminals that we will seek appropriate punishment for their crimes. Hammond changed the lives of innocent victims forever with reckless acts of violence. Thanks to the work of all our law enforcement partners, he will essentially serve the rest of his life behind bars.”
“This investigation and prosecution is another example of holding an armed career criminal accountable for the violence perpetrated by this defendant over many years,” stated Special Agent in Charge Tim Jones, of the Alcohol, Tobacco, Firearms and Explosives, Chicago Field Division. “ATF is proud to work alongside our local, state, and federal law enforcement partners in these important cases, and I hope keeping this defendant off the street will also help the community reclaim its neighborhood and feel safer.”
"This sentence send a strong and clear message that violence such as this, that puts innocent people at risk and instills fear in our communities, won't be tolerated," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "Keeping our communities safe has always been a top priority for the FBI and our law enforcement partners and this sentence demonstrates our continued commitment to identify and arrest violent criminals and hold them accountable."
According to documents in this case, Mr. Hammond went on a robbery spree from October 6 through October 27, 2017. During this spree he acquired, brandished, and lost firearms all while intimidating, threatening, and restraining victims of these various robberies. As part of his robbery spree, he robbed gas stations and a liquor store located in Logansport, Peru, Auburn, and Decatur, Indiana. Before committing the armed robberies involved in this federal trial, Mr. Hammond already had five felony convictions for armed robbery, robbery, or attempted armed robbery convictions. In fact, Hammond has spent the majority of the past 40 years robbing people or serving prison time for doing exactly that.
The case was investigated by ATF; FBI; Indiana State Police; Logansport Police Department; Peru Police Department; Auburn Police Department; Portage, Michigan Department of Public Safety; Kalamazoo, Michigan Department of Public Safety; Decatur Police Department; and Marshall County Sheriff’s Office. Additional assistance was provided by the following agencies: Cass County Prosecutor’s Office; Miami County Prosecutor’s Office; DeKalb County Prosecutor’s Office; Adams County Prosecutor’s Office; and Marshall County Prosecutor’s Office. The case was prosecuted by Assistant United States Attorneys Molly E. Donnelly and Luke N. Reilander.
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Dayton Man Sentenced to 20 Years in Prison for Meth CrimesRead the Press Release
DAYTON – Jason Rosales, 45, of Dayton, was sentenced in U.S. District Court to 240 months in prison and 20 years of supervised release for two crimes related to methamphetamine.
Rosales was convicted after an eight-day trial last July of conspiracy to possess and attempt to possess with intent to distribute more than 500 grams of the drug.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Keith Martin, Acting Special Agent in Charge, Drug Enforcement Administration (DEA), Springfield Police Chief Lee Graf and leaders of the MOWIN Task Force in Kansas City, Mo. announced the sentence imposed today by U.S. District Judge Walter H. Rice.
According to court documents and testimony, Rosales conspired to and attempted to possess at least 4,427 grams of 100 percent pure “crystal meth” or “ice.”
The MOWIN (Missouri Western Interdiction and Narcotics) Task Force in Kansas City had interdicted a courier at a Greyhound Bus Station on February 13, 2017 with 10 bundles of crystal meth hidden in a duffle bag.
The courier had been en route to deliver the drugs in Springfield, Ohio, and ultimately the DEA orchestrated a controlled delivery to Rosales in Dayton.
Rosales was charged by an indictment in February 2017. He was arrested on February 16, 2017 and has remained in custody since.
U.S. Attorney Glassman commended the cooperative investigation by the DEA, Springfield Police Department and Kansas City law enforcement, as well as Assistant United States Attorneys Amy M. Smith and Sheila G. Lafferty, who represented the United States in this case.
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Convicted Felon Charged with Illegally Possessing Loaded Handgun in Old Town Neighborhood of ChicagoRead the Press Release
CHICAGO — A convicted felon has been charged with a federal firearm violation for allegedly illegally possessing a loaded semiautomatic handgun in the Old Town neighborhood on Chicago’s North Side.
GASTON TUCKER, 32, of Chicago, is charged with one count of illegal possession of a firearm by a convicted felon. Tucker illegally possessed the gun on Feb. 17, 2019, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago. On July 9, 2019, U.S. Magistrate Judge Maria Valdez ordered Tucker detained in federal custody without bond.
The complaint and detention order were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Eddie Johnson, Superintendent of the Chicago Police Department.
Holding convicted felons accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
According to the complaint, Tucker was a backseat passenger in a sedan that was parked in front of a fire hydrant in the 1300 block of North Sedgwick Street in Chicago. A Chicago Police officer approached the vehicle and obtained identification from the vehicle’s occupants. As the officer walked back to her car to review the identifications, Tucker got out and ran down the street, the complaint states.
As officers began searching the area, security guards from a nearby housing complex reported seeing a man run through the complex and drop an object underneath a dumpster, the complaint states. Officers later searched underneath the dumpster and recovered the handgun, according to the complaint.
Tucker was previously convicted in state court of aggravated battery with a firearm, a felony for which he was on parole at the time of the alleged federal offense.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Illegal possession of a firearm by a convicted felon is punishable by up to ten years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Atwater Man Sentenced to 40 Years in Prison for Offenses Related to the Sexual Exploitation of Children Using Social MediaRead the Press Release
FRESNO, Calif. — Chief U.S. District Judge Lawrence J. O’Neill sentenced Nikko Adolfo Perez, 27, of Atwater, today to 40 years in prison, to be followed by a lifetime term of supervised release for his convictions for the sexual exploitation of children, coercion and enticement of a minor, and receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
“While Perez's sentence is substantial, it pales in comparison to the lifetime of damage he inflicted upon his many victims. Innocence cannot be restored,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “We hope this case inspires families to have conversations about the danger of communicating online over text, apps, and other media with a stranger and the importance of immediately seeking help if communication becomes exploitive or threatening. The internet fosters both false familiarity and anonymity, which can empower a predator. We urge the community to be mindful of the inherent danger of communicating with or transmitting photos to someone you do not truly know.”
According to a criminal complaint, Perez, using the Instagram screen name captainamerica272018, victimized two boys, ages 8 and 10, in Utah by coercing them to create and send him images of themselves engaged in sexually explicit conduct. Perez offered to pay the boys with Google Play credits if they engaged in requested sexual acts or poses, and when one of the victims said he would call 911, Perez threatened to disseminate the sexually explicit images of the victims. He also threatened to harm family members of the victims.
Perez admitted in a plea agreement that he also used Skype, Kik, Discord, Snapchat, and LiveMe to communicate with between 50 and 100 minors for the purpose of soliciting sexually explicit images of those minors. He admitted that he persuaded the victims to pose nude or engage in sexually explicit activities, sometimes with other minors. He admitted that he often paid victims to engage in this conduct, and he sent some of the material that he had requested to other people.
The FBI continues to seek additional victims. Information can be submitted to https://tips.fbi.gov or call the local FBI office.
This case was the product of an investigation by the Federal Bureau of Investigation, the Salt Lake City Police Department, and the FBI’s Violent Crimes Against Children Section Major Case Coordination Unit. The Merced District Attorney’s Office investigations unit also assisted in the investigation of the case. Assistant U.S. Attorney David Gappa prosecuted the 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, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Saturday 13 July 2019
Three Sentenced for Crimes Associated with Mail TheftRead the Press Release
TULSA, Okla. – Three individuals were sentenced this week in U.S. District Court for crimes associated with stealing money, gift cards and credit cards from the mail, announced U.S. Attorney Trent Shores.
“The mail is regarded as sacred. It’s personal. Unfortunately, unscrupulous thieves see the mail as a source of income. They steal credit cards, checks, and personal financial information from mailboxes and then proceed to plunder individual bank accounts and cheat merchants,” said U.S. Attorney Trent Shores. “The impact on individual victims can be devastating, costing countless hours of backtracking on fraudulent spending and fixing personal credit. Vigilance is key to thwarting these criminals. So are enforcement and accountability. When you see someone raiding a neighbor’s mailbox or notice suspicious activity in your financial accounts, immediately make a report to the U.S. Postal Inspection Service at 918-732-6616 as well as local law enforcement. The criminals investigated will be vigorously prosecuted by this U.S. Attorney’s Office.”
Christopher Jacob Froehlich, 33, of Salisaw, was sentenced to two years in federal prison for aggravated identity theft. Froehlich purchased items using a stolen credit card, therefore assuming the owner’s identity. Following his prison sentence, he will serve one year on supervised release. Froehlich was arrested on Nov. 30, 2018 after Broken Arrow police officers attempted to initiate a traffic stop. Instead of stopping, Froehlich accelerated and led officers on a 17-minute pursuit, running stoplights at major intersections and reaching speeds of 90 mph. The driver and two passengers also threw multiple items from the car until they crashed into a fire hydrant. Upon their arrest and subsequent investigation, officers discovered several grams of methamphetamine and a Walmart receipt totaling $1,058.29 on Froehlich’s person. The corporate credit card, previously stolen from a mailbox, was used to purchase the items at Walmart just before the traffic stop. Froehlich admitted to stealing checks and credit cards from mailboxes over a 30-day period and fraudulently utilizing the credit card.
The United States Secret Service and Broken Arrow Police Department conducted the investigation. Assistant U.S. Attorney Richard M. Cella prosecuted the case.
Cory Blake Ackley and Jennifer Kathryn Steffen were sentenced this week for possession of stolen mail as well as a revocation of supervised released in a previous mail theft case from 2016. Ackley, 29, of Tulsa, was sentenced to a total of 17 months in federal prison to be followed by three years of supervised release. Steffen, 35, of Tulsa, was sentenced to a total of 33 months in federal prison to be followed by three years of supervised release. On Dec. 27, 2018, Tulsa Police Department officers initiated a traffic stop after observing Ackley and Steffen stealing mail from multiple residential mailboxes in South Tulsa. After searching the vehicle, officers found 391 pieces of unopened mail that originated from 51 separate addresses and included billing statements, credit card applications, gift cards, financial and bank statements, insurance and tax information, Amazon packages and other documents. Ackley and Steffen have multiple convictions related to stealing mail.
The Tulsa Police Department and the U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Charles M. McLoughlin prosecuted the case.
Protecting yourself from mail theft and related crimes:
- Never put outgoing mail in your residential mailbox for pick up.
- Promptly remove incoming mail from your residential mailbox.
- Rent a post office box.
- Consider purchasing a locking residential mailbox.
- Don’t send cash in the mail.
- File a change of address if you move.
- Have packages held at the post office for pick up.
- Have the recipient sign for important mailed items.
- Deposit outgoing mail in collection locations inside the post office.
Report mail fraud, mail theft, and identity theft to the U.S. Postal Inspection service at https://www.uspis.gov/report/.
St. Albans Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that a Charleston woman was sentenced in federal court on her convictions for possession with the intent to distribute heroin and fentanyl. Amy Wilkinson, 44, of St. Albans, was sentenced to 35 months in federal prison. Stuart commended the investigative efforts of the Kanawha County Sheriff’s Department STOP Team and the DEA Task Force.
“Another peddler of deadly heroin and fentanyl goes to federal prison,” said United States Attorney Mike Stuart. “Law enforcement and prosecution play critical roles in addressing the opioid epidemic.”
At Wilkinson’s plea hearing earlier this year, it was established that Wilkinson possessed controlled substances with the intent to distribute on two different dates. On February 22, 2017, officers with the Kanawha County Sheriff’s Department and DEA Task Force officers executed a search warrant on Empire Drive near St. Albans. During the execution of the search warrant, officers found Wilkinson inside the residence in possession of fentanyl that was individually packaged for distribution. Wilkinson admitted on that date that she intended to distribute the fentanyl in and around Kanawha County.
On March 2, 2017, Wilkinson was caught again in possession of a controlled substance with the intent to distribute. On this date, an investigation by the Kanawha County Sheriff’s Department discovered that Wilkinson had been selling drugs from a motel room in St. Albans. A search of the motel room revealed that Wilkinson was in possession of 23 grams of heroin that she admitted she intended to distribute in the Southern District of West Virginia.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
Follow us on Twitter: SDWVNews and USAttyStuart
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Operation Mountaineer Highway Update: New Jersey Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A New Jersey man pleaded guilty for his participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart. James Terry, 38, of East Orange, New Jersey, entered his guilty plea to conspiracy to distribute oxycodone. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Operation Mountaineer Highway shut down a significant DTO responsible for bringing large amounts of oxycodone, heroin, fentanyl, meth and cocaine into our central and southern counties,” said United States Attorney Mike Stuart. “Terry is one of the 12 defendants charged by federal indictment as a result of the very thorough investigation conducted by law enforcement.”
Terry admitted that between October 2017 and September 2018, he worked with other members of a drug trafficking organization operating between Fayette County, West Virginia and New Jersey to distribute oxycodone pills. It was established that on May 31, 2018, Terry distributed over 500 oxycodone pills to another member of the drug trafficking organization in Fayette County, West Virginia. Terry obtained the oxycodone tablets in New Jersey and transported them to West Virginia. It was further established that on June 20, 2018 he was driving a car again transporting oxycodone pills from New Jersey to West Virginia. It was the plan to deliver the pills to the same member of the drug trafficking organization in West Virginia to be redistributed and sold illegally in the Southern District of West Virginia for profit. Prior to delivering the pills to West Virginia, the car Terry was driving was stopped by the Pennsylvania State Police. During the traffic stop, approximately 997 oxycodone pills were recovered. The pills were hidden in a secret compartment, commonly referred to as a trap.
Terry faces up to 20 years in prison and a $1,000,000.00 fine when he is sentenced on October 3, 2019.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
Follow us on Twitter: SDWVNews and USAttyStuart
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Friday 12 July 2019
“R. Kelly” Charged with Racketeering, Including Predicate Acts of Coercing and Transporting Minor Girls to Engage in SexRead the Press Release
A five-count superseding indictment was unsealed today in federal court in Brooklyn charging R&B singer Robert Sylvester Kelly, also known as “R. Kelly,” with racketeering predicated on criminal conduct including sexual exploitation of children, kidnapping, forced labor and Mann Act violations involving the coercion and transportation of women and girls in interstate commerce to engage in illegal sexual activity. Kelly is also charged with four counts of violating the Mann Act related to his interstate transportation of a victim to New York to engage in illegal sexual activity, and his exposure of her to an infectious venereal disease without her knowledge. Also today, Kelly was charged in a separate federal indictment unsealed in the Northern District of Illinois with federal child pornography and obstruction charges.
Kelly will appear this afternoon for a removal hearing at the federal courthouse in Chicago, Illinois. On a later date, Kelly will be arraigned on this superseding indictment in Brooklyn. This case is assigned to the United States District Judge Ann M. Donnelly.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, United States Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged, R. Kelly, together with employees and members of his entourage, engaged in a racketeering enterprise that preyed upon women and girls who attended his concerts so that the victims could be available to engage in illegal sexual activity with him at a moment’s notice,” stated United States Attorney Donoghue. “Today that comes to an end. This indictment makes clear that fame and power will not shield anyone from prosecution, particularly predators who victimize vulnerable members of our communities for their own sexual gratification.”
“R. Kelly’s Enterprise was not only engaged in music; as alleged, for two decades the enterprise at the direction of R. Kelly preyed upon young women and teenagers whose dreams of meeting a superstar, soon turned into a nightmare of rape, child pornography and forced labor. The musician turned predator allegedly used his stardom to coax some victims into nefarious sex acts while certain members of his enterprise calculatingly facilitated the aberrant conduct. Today’s indictment charging racketeering is a clear indication of the extent of his criminal activity, which involves coercion and kidnapping. This investigation was built with the foresight of special agents and detectives assigned to the joint HSI and NYPD Public Safety Task Force, along with prosecutors of the Eastern District of New York. R. Kelly believed he could fly, but it will be justice to see his oppressive wings clipped,” stated HSI Special Agent-in-Charge Melendez.
“The NYPD is committed to ensuring that child predators are taken off our streets and prosecuted to the fullest extent of the law. I thank our skilled NYPD detectives and our law enforcement partners for their unified work to provide justice for the victims of these despicable crimes. Those who engage in these reprehensible offenses against our most vulnerable will be pursued relentlessly, and held accountable for the pain and suffering they cause,” stated NYPD Commissioner O’Neill.
According to the superseding indictment and other court filings, Kelly and individuals who served as his managers, bodyguards, drivers, personal assistants and runners, as well as members of his entourage, comprised a racketeering enterprise (the Enterprise) that operated for over two decades in New York, Illinois, Connecticut, California and elsewhere. Kelly, as leader of the Enterprise, used his fame to recruit women and girls to engage in illegal sexual activity with him and others. The superseding indictment alleges that Kelly identified these girls and women and then directed members of the Enterprise to escort them backstage or to events following his musical performances. Kelly also exchanged contact information with girls and women so that he and other members of the Enterprise could arrange travel and lodging for them to visit Kelly and engage in the charged illegal sexual conduct.
Kelly issued rules that many of his sexual partners were required to follow, including that the women and girls were to call him “Daddy”; they were not permitted to leave their rooms to eat or visit the bathroom without receiving his permission; they were required to wear baggy clothing when not accompanying Kelly to an event; and they were directed to keep their heads down and not look at other men. Kelly also isolated the women and girls from their friends and family, and made them dependent on him for their financial well-being.
Earlier today, federal agents executed a search warrant at Kelly’s residence.The charges in the superseding indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
If convicted, Kelly faces a sentence of up to 20 years’ imprisonment for the Racketeering and two Mann Act Coercion and Enticement counts respectively, and up to 10 years’ imprisonment for each of the Mann Act Transportation counts.
If you believe you are a victim of criminal activity perpetrated by Robert Kelly, please contact HSI at 1-866-DHS-2-ICE (1-866-347-2423) or by logging on to https://www.ice.gov/webform/hsi-tip-form. This service is available 24 hours a day, seven days a week. All information will be kept strictly confidential.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorneys Elizabeth Geddes, Nadia Shihata and Maria Cruz Melendez are in charge of the prosecution.
The Defendant:
Robert Sylvester Kelly (also known as “R. Kelly”)
Age: 52
Residence: Chicago, IllinoisE.D.N.Y. Docket No. 19-CR-286 (AMD)
“Major Stackz Street Gang” Member Sentenced to 120 Months in Federal Prison for Trafficking Methamphetamine and HeroinRead the Press Release
Memphis, TN – "Major Stackz Street Gang" member Terrence Harper a/k/a "Red", 45, was sentenced to 120 months in federal prison for conspiracy to possess methamphetamine and heroin with intent to distribute. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, between February and November of 2017, Harper was an associate of a drug trafficking organization whose members identified themselves as "Major Stackz Entertainment." During this time period, Harper conspired with others to traffic several pounds of methamphetamine from the Los Angeles, California area to Memphis, Tennessee. Harper was also found to have bought and sold heroin, and in November of 2017, was found in possession of a large amount of heroin at a residence in Hickory Hill.
Members and associates of Major Stackz used firearms to protect their supply of drugs, supply routes, profits and distribution territory from competing drug trafficking organizations. The members and associates are from different, traditional street gangs, including the Young Mob, Vice Lords, Gangster Disciples, Kitchen Crips, and Bloods that have joined together to make money through criminal activity.
Symbolism played a large role in Major Stackz culture. The primary symbol with which the gang associated was the acronym "MSE" for "Major Stackz Entertainment." Shirts and social media posts containing words like "MSE," "Major Stack," or "Stackz," were also known as gang identifiers. Major Stackz started in and primarily operated out of the East Memphis area near the intersection of Kerr and Pillow Street in an area known to the locals as "DHG" or "Dope, hoes and guns."
On July 11, 2019, U.S. District Court Judge Sheryl H. Lipman sentenced Harper to 120 months in federal prison followed by 5 years supervised release.
U.S. Attorney D. Michael Dunavant said: "Distribution of illegal narcotics is not a victimless crime. The drug seller, at every level of distribution, is at the root of the pervasive cycle of drug abuse. Measured by the harm it inflicts upon the addict, and, through him, upon society as a whole, drug dealing in its present epidemic proportions is a grave offense of high rank. ‘Red’ brought large quantities of meth and heroin into Memphis for resale, and will now be ‘stacked up’ with a long prison sentence for his harmful crimes."
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Memphis Police Department, Multi Agency Gang Unit and Shelby County Sheriff’s Office investigated this case.
Assistant U.S. Attorney Dean DeCandia prosecuted this case on behalf of the government.
Woodbridge Gang Member Sentenced for Gun and Drug CrimesRead the Press Release
ALEXANDRIA, Va. – A Woodbridge man was sentenced today to 11 1/2 years in prison for cocaine trafficking and firearms offenses.
“Lozada’s conduct proves the adage that where guns and drugs intersect, violence is the result,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue to investigate and prosecute these cases to ensure criminals like Lozada are held accountable.”
According to court documents, Jorge Lozada, 23, is a known associate of the United Blood Nation/Imperial Gangsta Blood gang. From early 2017 through September 2017, Lozada distributed marijuana and cocaine, often advertising the drugs he had for sale through social media. Lozada used and carried firearms in connection with his drug distribution business, again posting video and photos of himself and his associates carrying firearms to social media. Ultimately, Lozada was arrested in an apartment in Woodbridge in possession of cocaine, a scale, packaging material, cash, cell phones, a Glock 9mm pistol with an extended magazine, and ammunition.
“ATF’s primary mission is to protect America’s neighborhoods from violent crime,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. “Consequently, when ATF identifies those gang members who perpetrate violence by trafficking drugs and carrying firearms, make no mistake, we will use all of our resources as demonstrated in this case to bring them to justice and get them off our streets.”
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Michael P. Ben’Ary 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. 1:18-cr-372.
Wheeling woman admits to role in cocaine and heroin distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Tiffany Sells, of Wheeling, West Virginia, has admitted to her role in a cocaine and heroin distribution operation, United States Attorney Bill Powell announced.
Sells, age 38, pled guilty to one count of “Distribution of Cocaine Base within 1,000 feet of a Protected Location.” Sells admitted to selling cocaine near Jensen Playground on Wheeling Island in July 2018.
Sells is facing no less than one and up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The investigation was led by the Ohio County Drug & Violent Crimes Task Force, a HIDTA-funded initiative. The task force is comprised of the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department. Those assisting in the arrests are the United States Marshal Service; Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Martins Ferry, Ohio Police Department; and the Columbus, Ohio Police Department.
U.S. Magistrate Judge James P. Mazzone presided.
Video Gambling Machine Vendor Pleads Guilty to Tax CrimeRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Tom Laugen, 69, of Sun Prairie, Wisconsin, pleaded guilty today in U.S. District Court in Madison, Wisconsin to evading his 2015 federal income taxes.
According to the information filed by the U.S. Attorney’s Office, Laugen owned and operated Global Vending LLC, which operated as a vending company that supplied video gambling machines (VGMs) to Class B alcohol beverage-licensed taverns, restaurants and bowling alleys. The information alleges that Laugen split the cash profits generated by the VGMs with the tavern owners where the machines were placed, with Global typically receiving 25% of the VGM cash profits, and the tavern owners receiving the remaining 75%. The gross receipts from the VGMs were subject to Wisconsin sales tax. The net income from the VGMs were subject to Wisconsin income tax and federal income tax.
At today’s plea hearing, Laugen admitted the he skimmed VGM cash receipts and did not report the skimmed receipts on his state sales tax returns or on his state and federal income tax returns. The total tax loss from the skim, for both state and federal income taxes, and the state sales taxes, totaled $580,220.56 for the years 2010-2017.
The government proffered at today’s hearing that the investigation involved an IRS-CID Special Agent working as an undercover agent and posing as a buyer of a bar listed for sale by Cherie and Dudley Hellenbrand in August 2017. The bar was Middleton Sports Bowl (MSB) in Middleton, Wisconsin. On May 31, 2018, the undercover agent met with the Hellenbrands and Laugen at Middleton Sport Bowl. During that meeting, Laugen told the undercover agent he skimmed the cash receipts from all of his client’s VGMs, including Middleton Sport Bowl, and that he prepared handwritten collection tickets showing much lower numbers for what came in, what came out, and what was the profit. Laugen told the undercover agent he used the handwritten collection tickets to create fake 1099s that were used to report a portion of the VGM cash receipts to the IRS and to the state of Wisconsin.
Laugen also told the undercover agents that he had fake VGM machine-generated tickets created to support the numbers on the handwritten collection tickets in case there was an audit. Laugen explained to the undercover agent that, “you got to steal in this business or you ain’t going to make any money.”
Sentencing is set for October 4, 2019, at 10:30 a.m., before Chief U.S. District Judge James D. Peterson at the U.S. Courthouse in Madison, Wisconsin.
The charges against these defendants are the result of an ongoing investigation being conducted by IRS Criminal Investigation and the Wisconsin Department of Revenue, Office of Criminal Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Daniel Graber and Special Assistant U.S. Attorney Chadwick Elgersma.
Utica Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
UTICA, NEW YORK – James Caruso, age 57, of Utica, pled guilty yesterday to one count of receipt of child pornography and one count of possession of child pornography. The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Caruso admitted that he purchased and received images and videos of child pornography from an overseas website. A search of Caruso’s laptop computer revealed that he possessed 131 videos and 32 images depicting child pornography.
Sentencing is scheduled for November 7, 2019, in Utica.
Caruso faces at least 5 years of imprisonment and up to 20 years of imprisonment on the receipt count and up to 20 years of imprisonment on the possession count. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The Court will also impose a term of supervised release of between 5 years and life, and Caruso will be required to register as a sex offender.
Caruso’s case was investigated by HSI and the New York State Police. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
The case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
United States Attorney McSwain Announces Arrest of Lancaster Man on Charges of Abusing Minor Children in KenyaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Gregory Dow, 60, of Lancaster, PA was arrested and charged by Indictment with four counts of engaging in illicit sexual conduct in a foreign place. In a news conference at the Lancaster County Courthouse, U.S. Attorney McSwain discussed the charges in the Dow Indictment and also highlighted broader efforts of the U.S. Attorney’s Office for the Eastern District of Pennsylvania to protect the residents of Lancaster County.
The Indictment alleges that from on or about October 14, 2013, until on or about September 13, 2017, the defendant engaged in, and attempted to engage in, illicit sexual conduct with four different minor victims in Kenya. The defendant allegedly traveled from Lancaster County to Kenya in 2008 and started what came to be known as the Dow Family Children’s Home. He did so with the financial support of his church and other organizations. The defendant purported to be a Christian missionary who would care for these orphans, who called him “Dad.” But instead of being a father figure to them, he allegedly preyed on their youth and their vulnerability. The orphanage closed in September 2017, and the defendant now stands accused of sexually abusing at least four minor girls who lived there during that time.
U.S. Attorney McSwain also discussed recent Lancaster criminal and civil cases handled by his Office, many of which his Office adopted in collaboration with the local authorities who originally investigated the crimes.
The criminal cases include: a knifepoint carjacking in Lancaster by a Harrisburg, PA man, Suudimon Washington; the alleged attempted robbery of Smithgall’s Pharmacy in Lancaster by four men, Lamar Black, Brandon Galette, Andrew Garrett, and Johnny Straining; the alleged arson of Lancaster City Hall by Dwain London and Patrick Baker; and the alleged illegal possession of a stockpile of 27 firearms and ammunition by a convicted felon living in Lancaster, Tyshaun Williams.
The civil cases include: a civil action against Miller’s Organic Farm of Bird-in-Hand, PA to compel the owner to comply with the federal government’s basic food safety laws and regulations, and a settlement agreement with Lancaster General Hospital’s Division of Maternal Fetal Medicine resolving allegations of false claims submitted to Medicare for reports on obstetric ultrasounds that were significantly delayed.
“All of these cases tell a story about my Office working to bring justice to every corner of our District – from Philadelphia, to the Lehigh Valley, to right here in Lancaster,” said U.S. Attorney McSwain. “I am committed to bringing the resources of my Office here to help ensure that the people of Lancaster can live in safety and security. We will hold lawbreakers accountable using all of the tools at our disposal.”
The Dow 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. 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.
The Dow case was investigated by the Federal Bureau of Investigation, with assistance from the Lancaster City Bureau of Police and the East Hempfield Township Police Department. It is being prosecuted by Assistant United States Attorney Timothy Stengel of the Eastern District of Pennsylvania and Department of Justice Trial Attorneys Lauren Britsch and Lauren Kupersmith of the Child Exploitation and Obscenity Section (CEOS).
An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Extradites Former Colombian Minister of Agriculture Convicted of Embezzlement and Illegal Government ContractingRead the Press Release
The United States today extradited Andres Felipe Arias Leiva, who served as Colombia’s Minister of Agriculture and Rural Development from 2005 to 2009, to face a prison sentence in that country based on a 2014 conviction by the Supreme Court of Colombia for two offenses committed while Arias served in public office.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Assistant Attorney General Brian A. Benczkowski of the U.S. Department of Justice’s Criminal Division made the announcement.
“Assistant U.S. Attorneys for the Southern District of Florida, alongside attorneys for the Department’s Office of International Affairs, have worked hard to ensure that former Colombian government official Andres Arias would be extradited back to his home country to serve a sentence imposed by that nation’s highest court,” said U.S. Attorney Fajardo Orshan. “We are grateful to the dedication of Assistant U.S. Attorney Robert J. Emery and Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs of the U.S. Department of Justice for their work in making this possible. Our Office is committed to upholding the rule of law and ensuring that justice is appropriately carried out for all parties.”
“Andres Arias’s extradition is a testament to the United States’ commitment to our extradition treaty obligations and the strength of our law enforcement partnership with Colombia,” said Assistant Attorney General Benczkowski. “I thank the team from the Office of International Affairs and the U.S. Attorney’s Office for the Southern District of Florida for their tireless, years-long efforts to ensure that Arias serves his prison sentence in Colombia.”
Arias, a citizen of Colombia who entered the United States in 2014 and was residing in Weston, Florida, was convicted on July 16, 2014, by the Criminal Cassation Division of the Supreme Court of Colombia on two offenses, Embezzlement for Third Parties, in violation of Article 397 of the Colombian Criminal Code, and Conclusion of Contract Without Fulfilling Legal Requirements, in violation of Article 410 of the same code. Arias was present and represented by counsel at his trial in Colombia, and following his conviction, the Colombian court sentenced him to serve 209 months in prison. As detailed in the 193-page decision issued by the Supreme Court of Colombia, Arias’s criminal conduct related to the diversion of funds within the Colombian government’s Argo Ingreso Seguro program, which he was responsible for implementing during his term as Minister of Agriculture and Rural Development, a cabinet-level position in Colombia’s executive branch, from 2005 to 2009.
The United States acted on a request for Arias’s extradition submitted by the Republic of Colombia, which Arias vigorously contested in both the Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. On Sept. 28, 2017, a U.S. magistrate judge in the Southern District of Florida ruled that Arias could be extradited to Colombia to serve the sentence based on his conviction. Arias then filed a petition for a writ of habeas corpus, which the district court for the Southern District of Florida denied on Oct. 5, 2018. Arias appealed that decision to the Eleventh Circuit. Following extensive briefing and argument, the litigation culminated on July 8, 2019, when the court of appeals rejected Arias’s arguments against extradition. Consistent with the views of the U.S. Department of State and 40 years of extradition practice between the United States and Colombia, the court of appeals affirmed that the extradition treaty between the two countries remains in full force and effect.
Following a thorough review of Arias’s case, the Department of State issued a warrant ordering Arias’s surrender to Colombian authorities. Today, the U.S. Marshals Service executed that warrant, transported Arias to Colombia, and delivered him to the custody of Colombian authorities. Arias’s extradition is now complete.
The extradition proceedings and subsequent appellate litigation were handled by Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs, and Assistant U.S. Attorneys Robert J. Emery and Emily M. Smachetti of the Southern District of Florida with the support of myriad attorneys and international affairs specialists in the Office of International Affairs of the Department’s Criminal Division.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
U.S. Extradites Former Colombian Minister of Agriculture Convicted of Embezzlement and Illegal Government ContractingRead the Press Release
The United States today extradited Andres Felipe Arias Leiva, who served as Colombia’s Minister of Agriculture and Rural Development from 2005 to 2009, to face a prison sentence in that country based on a 2014 conviction by the Supreme Court of Colombia for two offenses committed while Arias served in public office.
Assistant Attorney General Brian A. Benczkowski of the U.S. Department of Justice’s Criminal Division and U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida made the announcement.
“Andres Arias’s extradition is a testament to the United States’ commitment to our extradition treaty obligations and the strength of our law enforcement partnership with Colombia,” said Assistant Attorney General Benczkowski. “I thank the team from the Office of International Affairs and the U.S. Attorney’s Office for the Southern District of Florida for their tireless, years-long efforts to ensure that Arias serves his prison sentence in Colombia.”
“Assistant U.S. Attorneys for the Southern District of Florida, alongside attorneys for the Department’s Office of International Affairs, have worked hard to ensure that former Colombian government official Andres Arias would be extradited back to his home country to serve a sentence imposed by that nation’s highest court,” said U.S. Attorney Fajardo Orshan. “We are grateful to the dedication of Assistant U.S. Attorney Robert J. Emery and Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs of the U.S. Department of Justice for their work in making this possible. Our Office is committed to upholding the rule of law and ensuring that justice is appropriately carried out for all parties.”
Arias, a citizen of Colombia who entered the United States in 2014 and was residing in Weston, Florida, was convicted on July 16, 2014, by the Criminal Cassation Division of the Supreme Court of Colombia on two offenses, Embezzlement for Third Parties, in violation of Article 397 of the Colombian Criminal Code, and Conclusion of Contract Without Fulfilling Legal Requirements, in violation of Article 410 of the same code. Arias was present and represented by counsel at his trial in Colombia, and following his conviction, the Colombian court sentenced him to serve 209 months in prison. As detailed in the 193-page decision issued by the Supreme Court of Colombia, Arias’s criminal conduct related to the diversion of funds within the Colombian government’s Argo Ingreso Seguro program, which he was responsible for implementing during his term as Minister of Agriculture and Rural Development, a cabinet-level position in Colombia’s executive branch, from 2005 to 2009.
The United States acted on a request for Arias’s extradition submitted by the Republic of Colombia, which Arias vigorously contested in both the Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. On Sept. 28, 2017, a U.S. magistrate judge in the Southern District of Florida ruled that Arias could be extradited to Colombia to serve the sentence based on his conviction. Arias then filed a petition for a writ of habeas corpus, which the district court for the Southern District of Florida denied on Oct. 5, 2018. Arias appealed that decision to the Eleventh Circuit. Following extensive briefing and argument, the litigation culminated on July 8, 2019, when the court of appeals rejected Arias’s arguments against extradition. Consistent with the views of the U.S. Department of State and 40 years of extradition practice between the United States and Colombia, the court of appeals affirmed that the extradition treaty between the two countries remains in full force and effect.
Following a thorough review of Arias’s case, the Department of State issued a warrant ordering Arias’s surrender to Colombian authorities. Today, the U.S. Marshals Service executed that warrant, transported Arias to Colombia, and delivered him to the custody of Colombian authorities. Arias’s extradition is now complete.
The extradition proceedings and subsequent appellate litigation were handled by Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs, and Assistant U.S. Attorneys Robert J. Emery and Emily M. Smachetti of the Southern District of Florida with the support of myriad attorneys and international affairs specialists in the Office of International Affairs of the Department’s Criminal Division.
Two Men Sentenced to Life in Prison for 1997 Double Murder in the BronxRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that ROBERT ACOSTA and JOSE DIAZ were sentenced in Manhattan federal court today. Both men were sentenced to life in prison for their roles in the December 22, 1997, murders for hire of Alex Ventura, 25, and Aneudis Almonte, 20, in the Bronx, New York. The defendants were convicted following a three-week trial before U.S. District Judge P. Kevin Castel, who imposed today’s sentences.
U.S. Attorney Geoffrey S. Berman said: “As the jury found, Acosta and Diaz committed two brutal murders in the Bronx more than 20 years ago. As a result of the skill and determination of our law enforcement partners, the defendants will now spend the rest of their lives behind bars for their horrible crimes.”
According to the evidence presented during the trial:
In the 1990’s, ROBERT ACOSTA was the leader of a large-scale drug trafficking organization that distributed hundreds of kilograms of cocaine out of several buildings in northern Manhattan. In the summer of 1997, the murder victims stole drug money from ACOSTA. To retaliate, ACOSTA hired JOSE DIAZ to kill both men.
On December 22, 1997, DIAZ and a co-conspirator (“CC-1”) lured the victims to an apartment building in the Bronx, ambushed them in a stairwell, and murdered them both. CC-1 stabbed Almonte six times, including once in the chest. DIAZ shot Ventura in the head from point-blank range. In exchange for these murders, ACOSTA paid DIAZ approximately $12,000.
* * *
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation, the New York Police Department, and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Laurie A. Korenbaum, Michael K. Krouse, and Nicholas W. Chiuchiolo are in charge of the prosecution.
Two Men Indicted in South Philadelphia Home Invasion Robbery of Restaurant Owners’ $1M Life Savings, Assault of Teenage DaughterRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that defendants Khaiyri Burgess, 20, and Shaquan Johnson, 20, both of Philadelphia, PA, were charged by Indictment today with Hobbs Act robbery and using, carrying and brandishing a firearm during commission of that crime.
On August 8, 2018, the defendants and a third accomplice victimized a 17-year-old girl in her Italian Market home while stealing approximately $1 million in U.S. currency and jewelry owned by her parents. Specifically, at midnight, while she lay sleeping, the men entered her bedroom, pulled her from her bed, and struck her several times. They then held her at gunpoint and robbed her family of their life savings—the proceeds of their restaurant business a block-and-a-half away on Washington Avenue in South Philadelphia.
“As alleged in the Indictment, the complete disregard that these defendants had for the safety of others, especially for a child, is appalling,” said U.S. Attorney McSwain. “No one should need to worry about having their home robbed, their child dragged out of bed and pistol whipped, and their life savings stolen. This Indictment is an example of how my Office is working to get dangerous criminals off the streets of Philadelphia.”
“ATF’s primary mission is to reduce violent crime and protect the citizens of our communities,” said Special Agent in Charge Donald Robinson. “This indictment is a perfect example of our long-standing working relationships with the Philadelphia Police Department and US Attorney’s Office to aggressively address violent crime and to hold those responsible accountable.”
"The arrests of Khaiyri Burgess and Shaquan Johnson, and the investigation which led to them, are evidence of the merits of strong and consistent inter-agency collaborations,” said Philadelphia Police Commissioner Richard Ross. "Project Safe Neighborhoods promotes, and provides a platform for, these multi-tiered collaborative efforts. With these arrests, two dangerous offenders will be removed from the communities which they have victimized. We anticipate that arrests like these will continue to have an appreciable impact on the safety of our city's residents and visitors."
This case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit our website.
If convicted, each defendant faces a maximum possible sentence of life imprisonment, a mandatory minimum 7 years’ imprisonment consecutive to any other sentence of imprisonment imposed; up to 5 years’ supervised release; a $500,000 fine; and a $200 special assessment. They will also be required to forfeit the proceeds of their offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Jeanine Linehan and Sarah Damiani.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Twenty-two Individuals Facing Federal Charges following Violence Reduction Partnership Investigation into Gang Violence in Miami GardensRead the Press Release
After a lengthy investigation into the criminal conduct of various street gangs operating in and around Miami Gardens, Florida, a federal grand jury indicted 22 people in Miami on charges that include drug trafficking, armed drug trafficking, dealing in firearms, and firearm possession by convicted felons. Some of the defendants are members and known associates of the Zone 3 gang, a Miami Gardens based gang.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, George L. Piro, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Miami Field Office, Delma Noel-Pratt, Chief of the City of Miami Gardens Police Department, and Gadyaces S. Serralta, U.S. Marshal for the U.S. Marshals Service (USMS) Miami Field Office, made the announcement.
Today’s operation involved approximately 200 federal and local law enforcement officers. During the course of the operation, law enforcement officers arrested 17 of the 22 indicted defendants and seized over 40 firearms, approximately 220 rounds of assorted ammunition, cash, cocaine, crack, heroin, fentanyl, Alprazolam, marijuana, other drugs, and drug paraphernalia.
“As demonstrated by these charges and the arrests this morning, our commitment to combatting violent crime and drug trafficking in the City of Miami Gardens is unrelenting,” said U.S. Attorney Ariana Fajardo Orshan. “Thanks to the collaboration of federal and local law enforcement, the armed sale of drugs and firearms by these Zone 3 gang members and associates in the City of Miami Gardens has come to an end. We will continue to use all the tools at our disposal to combat violence, drug distribution, and the illegal sale and possession of firearms to ensure safety in our communities.”
“Today is truly a good day for our community, parts of which that have been terrorized by this group of violent individuals who have long-created chaos within the City of Miami Gardens. I am proud of our partnerships to include the Miami Gardens Police Department. This collaboration has led to the seizure of considerable evidence against this group to include more than 40 firearms,” said Special Agent in Charge Ari Shapira, ATF, Miami Field Division. As we all know, even one firearm in the wrong hands can destroy countless lives. This investigation proves that collaboration works, and demonstrates our commitment to combat gun violence and improve the communities of South Florida. We all want our communities in South Florida to be filled with the sounds of happy children playing outside, not the noise of stray gunfire that strikes fear in the hearts of parents. The people in Miami Gardens deserve no less.”
“Drug dealing and violent crime associated with gang activity have an insidious impact on our communities. They take a toll on our citizens through street violence, increased law breaking, and addiction. The vicious armed gangs pushing this poison into the streets tear apart the fabric of our communities,” said Scott A. Rottman, Assistant Special Agent in Charge, FBI Miami. “It is a complex problem that requires effective partnerships between law enforcement agencies at the local, state and federal level. Our combined efforts aim to disrupt and dismantle the criminal organizations involved in the illegal drug trade. Removing drug traffickers and violent gang members from the streets means they can no longer threaten the health and safety of our communities. We will continue to target these criminal organizations and their violent activities to ensure they are held responsible for the harm they cause.”
“I’m extremely proud of the hard work and dedication of my lead detectives, as well as other departmental personnel. As a result of the strong partnerships that have been established with our federal, state and local partners, we are able to bring this case to a successful conclusion, said Miami Gardens Police Department Chief Delma Noel-Pratt. “This case reaffirms the Miami Gardens Police Department’s commitment to building a safer community.”
“Today, in Miami Gardens, the strong partnership between police officers and federal agents resulted in a successful operation that makes the City of Miami Gardens safer,” said Chief Deputy Darin D. Cooper for the U.S. Marshals Service. “We remain committed to combatting violent crime.”
“Today is a win for residents of Miami Gardens, South Florida, as well as the many law enforcement agencies that worked together to say collectively, we will not tolerate crimes of any nature,” says Mayor Oliver Gilbert. “We are thankful to everyone involved in this operation and for the collaboration with agencies like the ATF, FBI and DOJ who provided access to expanded resources during the course of this investigation. Our combined efforts and activities have resulted in dangerous individuals, drugs, and illegal guns being taken off our streets.”
THE INDICTMENTS:
(1) United States of America v. Ernest Renard Smith, et al., Case No. 19-20415-CR-Gayles/Otazo-Reyes.
The first indictment, containing 21 counts, names: Ernest Renard Smith (“E. Smith”), 35; Ernest Smith, Jr. (“E. Smith Jr.”), 62; Thaddeus Auguast Smith, Jr. (“T. Smith”), 28; Denico Lynden Dudley McSweeney (“McSweeney”), 30; and Ivan Lewis Harris (“Harris”), 38, all of Miami Gardens. According to the indictment, from at least as early as May 2018, and continuing through January 29, 2019, the defendants engaged in a conspiracy to possess with intent to distribute heroin, crack cocaine, marijuana, and ecstasy. E. Smith, E. Smith Jr., T. Smith, and Harris each face up to 20 years in prison if convicted on the conspiracy count. McSweeney faces up to 40 years in prison if convicted on the conspiracy count.
The first indictment also charges E. Smith with seven counts of possession with intent to distribute a controlled substance, such as heroin, crack cocaine, and/or fentanyl, three counts of dealing in firearms and ammunition, one count of possession of a firearm in furtherance of a drug trafficking crime, and three counts of being a felon in possession. If convicted on all counts, E. Smith faces up to 20 years in prison on each count of possession with intent to distribute charge, five years in prison on each count of the dealing in firearms and ammunition charge, life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five year mandatory minimum term in prison on this charge, and 10 years in prison on each felon in possession charge.
The first indictment also charges T. Smith with possession with intent to distribute a heroin. If convicted on this count, T. Smith faces up to 10 years in prison.
The first indictment also charges McSweeney with three counts of dealing in firearms and ammunition and four counts of possession with intent to distribute heroin. If convicted on all counts, McSweeney faces up to five years in prison on each dealing in firearms charge, and 20 years in prison on each possession with intent to distribute charge.
(2) United States of America v. Sonya Anita Spivey, et al., Case No. 19-20417-Altonaga/Goodman.
The second indictment, containing 10 counts, names: Sonya Anita Spivey (“S. Spivey”), 49, of Miami Gardens; Jacqueline Renee Spivey (“J. Spivey”), 53, of Miami Gardens; Janie Spivey Bryant (“J. Bryant”), 68, of Miami Gardens; Charlie Billy Herman Taylor (“Taylor”), 25, of Miami Gardens; Keno Reuben Teveris Burton (“Burton”), 31, of Miami Gardens; Tekieya Nicole Aldridge (“Aldridge”), 41, of Opa Locka; and Alton Claude Hammonds (“Hammonds”), 38, of Miami. According to the indictment, from at least as early as August 2018, and continuing through April 11, 2019, the defendants engaged in a conspiracy to possess with intent to distribute N-Ethypentylone, Alprazolam, cocaine, crack cocaine, eutylone, and ecstasy. The defendants face up to 20 years in prison if convicted on the conspiracy count.
The second indictment also charges S. Spivey with seven counts of possession with intent to distribute a controlled substance, such as, N-Ethypentylone, cocaine, Alprazolam, eutylone, and marijuana. If convicted on all counts, S. Spivey faces up to 5 years in prison for the possession with intent to distribute Alprazolam count and 20 years on each remaining possession with intent to distribute charge.
The second indictment also charges J. Spivey with possession with intent to distribute a controlled substance, such as fentanyl, eutylone, and marijuana. If convicted on this count, J. Spivey faces up to 20 years in prison.
The second indictment also charges J. Bryant with possession with intent to distribute a controlled substance, such as fentanyl, eutylone, and marijuana. If convicted on this count, J. Bryant faces up to 20 years in prison.
The second indictment also charges Taylor with possession with intent to distribute Alprazolam and possession of a firearm in furtherance of a drug trafficking crime. If convicted on both counts, Taylor faces up to five years in prison on the possession with intent to distribute count and life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five year mandatory minimum term in prison on this charge.
The second indictment also charges Burton with possession with intent to distribute a controlled substance, such as cocaine, eutylone, Alprazolam, and marijuana, and possession of a firearm in furtherance of a drug trafficking crime. If convicted on all counts, Burton faces up to 20 years in prison on the possession with intent to distribute count and life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five-year mandatory minimum term in prison on this charge.
(3) United States of America v. Michael Anthony Hardaway, et al., Case No. 29-20416-CR-Williams/Torres.
The third indictment, containing eight counts, names: Michael Anthony Hardaway, Jr. (“Hardaway”), 42; Clementa Leaford Johnson, Jr. (“Johnson”), 42; Eric Ransom (“Ransom”), 49; Erin Meil Williams (“Williams”), 39; and James Earl Cammon (“Cammon”), 40, all of Miami Gardens. According to the indictment, from at least as early as October 2018, and continuing through April 11, 2019, the defendants engaged in a conspiracy to possess with intent to distribute eutylone, heroin, fentanyl, cocaine, crack cocaine, ecstasy, Percocet, and marijuana. The defendants face up to 20 years in prison if convicted on the conspiracy count.
The third indictment also charges Hardaway with four counts of possession with intent to distribute a controlled substance, such as heroin, fentanyl, and crack cocaine. If convicted on all counts, Hardaway faces up to 20 years in prison on each count.
The third indictment also charges Williams with possession with intent to distribute a controlled substance, such as marijuana, crack cocaine, cocaine, eutylone, and heroin, and possession of a firearm in furtherance of a drug trafficking crime. If convicted on all counts, Williams faces up to 20 years in prison on each possession with intent to distribute charge and life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five-year mandatory minimum term in prison on this charge.
The third indictment also charges Cammon with possession with intent to distribute a controlled substance, such as marijuana, crack cocaine, cocaine, eutylone, and heroin, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. If convicted on all counts, Cammon faces up to 20 years in prison on each possession with intent to distribute charge, life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five-year mandatory minimum term in prison on this charge, and 10 years in prison on the felon in possession charge.
(4) United States of America v. Dana De Von Smith, Case No. 19-20420-CR-King/Becerra.
The fourth indictment charges Dana De Von Smith (“D. Smith”), 49, of Miami Gardens, with two counts of possession with intent to distribute cocaine. If convicted on both counts, D. Smith faces up to 20 years in prison on each count.
(5) United States of America v. Theothis Rogers, Case No. 19-20419-CR-Gayles/Otazo-Reyes.
The fifth indictment charges Theothis Rogers (“Rogers”), 37, of Miami Gardens, with two counts of possession with intent to distribute N-Ethylpentylone. If convicted on both counts, Rogers faces up to 20 years in prison on each count.
(6) United States of America v. Jason Adam Dulman, Case No. 19-20422-CR-Bloom/Louis.
The sixth indictment charges Jason Adam Dulman (“Dulman”), 40, of Dania Beach, with possession with intent to distribute heroin and use of communications facility. If convicted on both counts, Dulman faces up to 20 years in prison on the possession with intent to distribute charge and four years in prison on the use of communications charge.
(7) United States of America v. Anthony Maurice Smith, Case No. 19-20418-CR-Ungaro/O’Sullivan.
The seventh indictment charges Anthony Maurice Smith (“A. Smith”), 29, of Miami Gardens, with possession with intent to distribute cocaine. If convicted, A. Smith faces up to 20 years in prison.
(8) United States of America v. Steven Alcime, Case No. 19-20421-CR-Scola/Torres
The eighth indictment charges Steven Alcime (“Alcime”), 30, of Miami, with dealing in firearms and being a felon in possession. If convicted on both counts, Alcime faces up to five years in prison on the firearms charge and 10 years in prison on the felon in possession charge.
Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.
Through the collaborative Southern District of Florida’s Violence Reduction Partnership (“VRP”), the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities throughout the Southern District of Florida. Through these Partnerships, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities in Miami-Dade, Broward and Palm Beach Counties. The VRP strives to combat violent crime, narcotics trafficking, gang activity and firearms offenses by prosecuting offenders and working with community leaders and non-profit entities to provide preventive services to the local populations. The charges announced today are the result of the VRP’s law enforcement initiatives. Additional information regarding the VRP initiatives is available at [email protected] (link sends e-mail) or by calling (305) 961-9134.
The members of the VRP who participated or assisted in this investigation include the United States Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Field Office, Federal Bureau of Investigation, United States Marshals Service Fugitive Task Force, Miami Gardens Police Department, Miami-Dade Police Department, Miami Field Office, Miami-Dade Police Department.
This investigation, Operation End Zone, is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
U.S. Attorney Fajardo Orshan commended the FBI, ATF, City of Miami Gardens Police Department, and USMS for their dedicated efforts to combat violent crime and drug trafficking in South Florida. She thanked the Miami-Dade Police Department for their assistance. These cases are being prosecuted by Assistant U.S. Attorneys Rilwan Adeduntan and Stephanie Hauser. Assistant U.S. Attorney William Zloch is handling the forfeiture aspects of this case.
An indictment is a charging instrument containing allegations. Every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Treasure Coast Corporation and Corporate Officers Charged with Conspiring to Conceal and Harbor Aliens for the Purpose of Commercial AdvantageRead the Press Release
Tentlogix, Inc., a Florida corporation headquartered in Fort Piece, Florida and three of its corporate officers, Gary Hendry, Dennis Birdsall and Kent Hughes of Martin County, have been charged by indictment with conspiring to conceal and harbor aliens for the purpose of commercial advantage. Hendry and Birdsall are also charged with making false statements to a federal agency.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge for U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
According to the indictment, beginning as early as January 2016, and continuing through March 2018, TentLogix, Hendry, and Birdsall recruited and employed aliens to work for TentLogix knowing and in reckless disregard of the fact that many of the aliens had entered and remained in the United States unlawfully, and were not authorized to work in the United States (Case No. 19-14035-CR-ROSENBERG/MAYNARD). During the course of the conspiracy, a large portion of TentLogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States. While TentLogix was being investigated by HSI, Hendry, Birdsall, and Hughes devised a scheme to “transfer” the aliens employed by TentLogix to KH Services, LLC, a company owned by Hughes, so that they no longer appeared on TentLogix’s payroll. Hughes formed KH Services, LLC for the sole purpose of concealing, harboring, and shielding the aliens employed by TentLogix from HSI’s investigation. Birdsall directed wire transfers to be sent from TentLogix’s bank account to KH Services, LLC’s bank account on a bi-weekly basis to cover the payroll expenses for the aliens who worked for TentLogix but were purportedly employed by KH Services, LLC. Between May 2017 and March 2018, TentLogix transferred over $3,000,000 to KH Services, LLC in 23 separate wire transfers for the express purpose of paying aliens employed by TentLogix who were not authorized to work in the United States.
The indictment further alleges that in 2016, TentLogix generated more than $21,000,000 in gross receipts and $10,000,000 in gross profit from its business operations. In 2017, Tentlogix allegedly generated more than $36,000,000 in gross receipts and $14,000,000 in gross profit from its business operations. During the course of the conspiracy, a large portion of Tentlogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States.
If convicted of the conspiracy charge, Hendry, Birdsall, and Hughes face up to 10 years in prison and a maximum fine of $250,000 or twice the loss or twice the gain caused by the offense. TentLogix faces a maximum fine of $500,000 or twice the loss or twice the gain caused by the offense. If convicted of making false statements to a federal agency, Hendry and Birdsall face up to 5 years in prison and a maximum fine of $250,000 or twice the loss or twice the gain caused by the offense.
An indictment merely contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI in this matter. This case is being prosecuted by Assistant U.S. Attorney Michael D. Porter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Three Bronx Men Charged with 2014 MurderRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced a superseding indictment charging THERYN JONES, a/k/a “Ty,” a/k/a “Old Man Ty,” a/k/a “Tyballa,” 42, GYANCARLOS ESPINAL, a/k/a “Fatboy,” a/k/a “Slime,” 25, and ARIUS HOPKINS, a/k/a “Scrappy,” a/k/a “Scrap,” 25, with the January 2, 2014, murder of Shaquille Malcolm, 20. JONES was arraigned on the superseding indictment yesterday. ESPINAL and HOPKINS were previously arraigned on the charges. The case is assigned to United States District Judge Lewis A. Kaplan.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the superseding indictment, the defendants are responsible for the murder of 20-year-old Shaquille Malcolm. Now, thanks to the outstanding work of our partners at the NYPD, the defendants have been charged with this terrible crime.”
NYPD Commissioner James P. O’Neill said: “The ability of investigators to bring about justice for Shaquille Malcolm and closure to his family is paramount. The identification and arrest of the suspects in this case was a team effort that is the result of the cooperation that exists between the NYPD and our law-enforcement partners. I thank and commend the NYPD investigators and the prosecutors for the Southern District of New York for their work in this investigation.”
According to the Superseding Indictment[1]:
In 2013 and 2014, JONES, ESPINAL, and HOPKINS were involved in the distribution of crack cocaine and heroin in the Allerton section of the Bronx. Because Malcolm and others were encroaching on JONES’s drug territory, and because Malcolm had previously assaulted ESPINAL, JONES and ESPINAL paid HOPKINS and another person (“CC-1”) to murder Malcolm. On January 2, 2014, HOPKINS and CC-1 shot Shaquille Malcolm multiple times in the stairwell of an apartment building located at 2818 Bronx Park East in the Bronx, New York. Malcolm died at the scene.
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The Superseding Indictment charges the defendants in three counts: using a firearm to commit murder in furtherance of a drug trafficking crime and aiding and abetting the same (Count One); murder while engaged in a conspiracy to distribute 280 grams and more of crack cocaine and aiding and abetting the same (Count Two); and conspiring to commit murder for hire (Count Three). All three defendants face a maximum sentence of life in prison or death. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael K. Krouse and Danielle R. Sassoon are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Sulphur resident sentenced to 3 years in prison for illegally possessing a shotgun and pistolRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that a Sulphur, Louisiana, man was sentenced Thursday by U.S. District Judge James D. Cain Jr. to 37 months in prison and five years of supervised release for illegally possessing a shotgun and pistol. James Bergeron, 29, previously pleaded guilty for possession of a firearm and ammunition by a convicted felon on April 11, 2019.
According to information presented in court, law enforcement officers executed a search warrant on October 19, 2018 at Bergeron’s Sulphur residence where they found a Browning 12-gauge shotgun and a Ruger .380-caliber semi-automatic pistol. Bergeron, a convicted felon, was present at the time of the search and admitted to ownership and use of the firearms.
He was convicted in federal court in the Eastern District of Texas on September 26, 2013, for bank robbery and in the 14th Judicial District Court, Calcasieu Parish, on August 25, 2017, for possession of methamphetamine. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition.
The ATF, Lake Charles Police Department and Calcasieu Parish Sheriff’s Office conducted the investigation. Supervisory Assistant U.S. Attorney Myers P. Namie prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for reductions in crime.
Stratford Man Sentenced to Prison for Illegally Purchasing Firearm at Newington Gun StoreRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that TYMON PETERSON, 29, of Stratford, was sentenced yesterday by U.S. District Judge Janet C. Hall in New Haven to two months of imprisonment, followed by three years of supervised release, for his role in an illegal firearm purchase at a Newington gun store. Judge Hall also ordered Peterson to serve the first four months of his supervised release in home confinement, and to pay an $1,800 fine.
According to court documents and statements made in court, in August and September 2017, Jamal Weir and Tymon Peterson texted one another about purchasing firearms. Peterson possessed a valid pistol permit and was able to purchase firearms legally, but Weir, as a convicted felon, is prohibited from possessing firearms. On September 22, 2017, Weir and Peterson travelled together to Hoffman’s Gun Center in Newington. At the store, Weir provided Peterson with cash to purchase at least one firearm on his behalf. On that date, Peterson filled out an ATF Form 4473 in which he falsely represented that he was the actual purchaser of a SCCY Model CPX-2, 9mm semi-automatic pistol, and that he was not acquiring the firearm for another person. Peterson gave the pistol to Weir after they exited the store.
Weir’s criminal history includes state convictions for illegal possession of a weapon in a motor vehicle, possession of narcotics with intent to sell, and carrying a pistol without a permit.
Peterson was arrested on a federal criminal complaint on January 1, 2018. On December 14, 2018, he pleaded guilty to one count of making a false statement during the purchase of a firearm.
On December 6, 2018, Weir pleaded guilty to one count of possession of a firearm by a convicted felon. On May 29, 2019, Judge Hall sentenced him to 21 months of imprisonment.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the Connecticut State Police, the Newington Police Department and Hoffman’s Gun Center. The case was prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Margaret E. Maigret.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
St. Louis County Man Pleads Guilty to Mail and Wire Fraud ChargesRead the Press Release
St. Louis, MO – Anas Alshurafa, 50, of St. Louis County, pleaded guilty to one count of mail fraud and three counts of wire fraud this morning before Chief Judge Rodney Sippel in St. Louis. Judge Sippel accepted Alshurafa’s plea and deferred sentencing until October 4, 2019.
According to his plea agreement, in April 2017, investigators received information that the operator of Autoway Car Sales, Anas Alshurafa, and its owner, Wasim Charfa, were fraudulently obtaining motor vehicle loans.
The investigation revealed that Alshurafa submitted fraudulent loan applications with counterfeit supporting documents and stolen identifying information to various credit issuers that operated in interstate commerce. The documents were presented to the credit issuers by mail and through interstate wires.
When an audit of the submitted documents revealed numerous inconsistencies, Alshurafa falsely claimed that an employee presented the documentation without his knowledge. To bolster his story, Alshurafa emailed the credit issuer’s representative a forged letter of admission from an individual who was not associated with his business. He also sent the credit issuer a counterfeit driver’s license bearing the identifying information of that individual, but the photograph of another person.
Despite the execution of a search warrant by state and federal investigators in May 2017, and the seizure of his vehicles by the City of Pagedale, Missouri Police Department, Alshurafa electronically transmitted a fraudulent loan application using the identifying information of a past customer in order to secure funding from one of his credit issuers. On June 7, 2017, Alshurafa used the identifying information and previously submitted loan verification documentation of J.L.G. to obtain a loan for which Autoway Car Sales received a commission of $6,878.83 for the loan financing they obtained.
A forensic examination of computers seized during the execution of a search warrant on May 31, 2017 revealed templates of counterfeit bank statements in electronic folders bearing defendant’s name.
The government estimated that the defendant’s scheme caused losses to the victims of more than $250,000 between January 1, 2016 and December 20, 2017.
Wire fraud and mail fraud carries a maximum penalty of 20 years imprisonment for each count and a fine of $250,000 or both. Restitution to the victims is also mandatory.
The case was investigated by the investigated by the Missouri DOR – Compliance and Investigation Bureau, the United States Postal Inspection Service, the Federal Bureau of Investigation. The agencies were assisted by the Pagedale Police Department. Tracy Berry is handling the case for the U.S. Attorney’s Office.
St. Francis Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 9, 2019, by U.S. District Judge Roberto A. Lange.
Marti Rosalie Whirlwind Soldier, age 23, was sentenced to 50 months in federal prison, followed by 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Whirlwind Soldier was indicted by a federal grand jury on December 11, 2018. She pled guilty on April 30, 2019.
The conviction stemmed from a drug conspiracy that occurred beginning no later than October 15, 2018, and continuing to November 2, 2018, in which Whirlwind Soldier knowingly and intentionally conspired with her co-defendants to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. At the time of her arrest, law enforcement recovered a firearm, 256 grams of methamphetamine, scales, baggies and other drug trafficking items.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its 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 local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Whirlwind Soldier was immediately turned over to the custody of the U.S. Marshals Service.
Springfield Man Indicted on Extortion ChargeRead the Press Release
BOSTON – A Springfield man was indicted yesterday by a federal grand jury in Springfield on the charge of extortion.
Anthony J. Scibelli, 51, was indicted on one count of collecting on an extension of credit by extortionate means. Scibelli was originally charged by criminal complaint on July 2, 2019.
According to the charging documents, in 2019, Scibelli collected on a line of credit that had been extended to a victim. It is alleged that on June 19, 2019, Scibelli threatened and beat the victim for failing to make the monthly $1300 payment. The beating occurred in front of four plain clothed members of law enforcement. During the beating, Scibelli allegedly threatened that the victim must have all the money “on the first,” referring to the 1st of the month.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office and Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
South Carolina Coupled Indicted in Scheme Involving Conspiracy and False Statements to Illegally Obtain a U.S. PassportRead the Press Release
WASHINGTON – A South Carolina couple was indicted today on charges stemming from their conspiracy to obtain a U.S. passport by falsely claiming they were the parents of a baby from the Philippines and by using false records to apply for a U.S. passport for the baby, announced Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Sherri A. Lydon of the District of South Carolina.
The indictment alleges that in 2014, Gerald Vincent Locker Jr., 46, a former member of the United States Marine Corps, and Stephanie Jean Locker, 24, both of Huger, South Carolina, were stationed in Japan. While in Japan, the couple attempted to circumvent legal adoption processes by asserting that a baby from the Philippines was their own natural born child. Presenting a number of falsified documents to a U.S. Consular Officer, Stephanie Jean Locker applied for a Consular Report of Birth Abroad and in support of her application for a passport for the child, falsely attested that while in the Philippines on vacation, she learned she was pregnant five days before the baby was born.
The matter was presented to the Grand Jury on July 10, 2019. The indictment was returned on July 11, 2019, charging both defendants with one count of conspiracy and Stephanie Jean Locker with one count of making false statements in an application for a passport.
The charges and allegations in the indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
The Naval Criminal Investigative Service is investigating this case. Trial Attorneys Danielle Hickman and Christian Levesque of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dean Secor of the District of South Carolina are prosecuting the case.
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Serial Bank Robber Sentenced to Lengthy Prison TermRead the Press Release
ALBANY – A Florida man who robbed the Peoples South Bank in Albany, Georgia in 2016 was sentenced to 78 months in prison for his crime, the upper range calculated under the federal sentencing guidelines, announced U.S. Attorney Charles “Charlie” Peeler. Avery Williams, 38, of Quincy, Florida, was sentenced on Thursday, July 11, 2019 by U.S. District Judge W. Louis Sands in Albany, Georgia. Mr. Williams is currently serving time in a Florida prison on a prior bank robbery conviction, and his federal sentence will run concurrently. There is no parole in the federal system.
According to facts in the signed plea agreement, Mr. Williams admitted that he robbed the Peoples South Bank at 701 N. Westover Boulevard in Albany on September 9, 2016. Mr. Williams was recorded on security video walking into the bank and passing a demand note to the teller. The defendant escaped with cash. Following the robbery, agents were able to quickly determine that the suspect was likely the same person responsible for a robbery a month earlier in Dothan, Alabama, on August 18, 2016. Eight months after the Albany bank robbery, Mr. Williams was arrested on May 3, 2017 for a bank robbery in Sarasota, Florida. Under oath, he admitted to the Florida robbery, and said “he had a few more things to get off his chest” and told agents he robbed banks in Albany and Dothan.
“Law enforcement caught up to this serial bank robber well before his conscience did,” said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia. “I want to thank our strong law enforcement community that stopped a dangerous man who repeatedly caused havoc in communities across the southeast.”
The case was investigated by the FBI. Assistant U.S. Attorney Leah McEwen prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
San Francisco Man Sentenced to 20 Months of Imprisonment for Conspiring to Launder Money from Illegal Gambling BusinessRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Garland E. Burrell, Jr., sentenced Bar Shani, 27, of San Francisco, to 20 months in prison for conspiring to launder money, U.S. Attorney McGregor W. Scott announced.
According to court documents, between October 2016 and November 2017, Shani conspired to launder the proceeds of an illegal gambling business with Atir Dadon, 34, of Sherman Oaks, and Orel Gohar, 28, of San Francisco. Orel Gohar and Yaniv Gohar, 35, of Berkeley, operated an illegal gambling business that placed and maintained video slot machines at businesses in Northern California, including locations in the Eastern District of California. Shani, Dadon, and Orel Gohar agreed that Orel Gohar would give cash proceeds from the Gohars’ gambling business to Shani and Dadon, who would use the cash to pay the workers in their cosmetics business. They agreed that Orel Gohar would give cash to Shani and Dadon, and in return, they would arrange for Orel Gohar to receive checks from the cosmetics business. To conceal the fact that the financial transactions involved the proceeds of illegal activity, Shani, Dadon, and Orel Gohar used code words in their conversations about the transactions, referring to the money as bottles of alcohol or other non‑cash items. Dadon also put false memo lines on the checks, indicating that Orel Gohar had provided consulting and training services, when in fact he had not done so. Between October 2016 and November 2017, Shani and Dadon laundered $159,900 from the Gohars’ gambling business.
This case is the product of an investigation by the Federal Bureau of Investigation and the California Department of Justice – Bureau of Gambling Control. Assistant U.S. Attorneys Matthew M. Yelovich and Miriam R. Hinman are prosecuting the case.
On July 12, co-defendant Dadon was sentenced by U.S. District Judge Garland E. Burrell, Jr., to 22 months in prison. Co-defendant Adam Atari, 35, of Sherman Oaks, pleaded guilty to conspiring to launder money and witness tampering. Sentencing for Atari is set for Aug. 30. Co-defendant May Levy, 28, of Walnut Creek, pleaded guilty to operating an illegal gambling business, and on May 10, 2018, was sentenced to two years of probation.
Co-defendants Yaniv Gohar and Orel Gohar fled the United States upon their release in December 2017 and remain at large. Anyone with information about their whereabouts should call the Federal Bureau of Investigation at (916) 746-7000.
Co-defendant Raz Razla, 48, of Sherman Oaks, is charged with making false statements to the grand jury. Co-defendant Eran Buhbut, 33, of Oakland, is charged with operating an illegal gambling business. These charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt. If convicted, these remaining defendants face a statutory maximum penalty of 5 years in prison and a fine of up to $250,000, or both. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
San Francisco Man Pleads Guilty to Crimes Related to Illegal Fentanyl Pill Manufacturing OperationRead the Press Release
SAN FRANCISCO - Kia Zolfaghari pleaded guilty today to charges regarding his role in a conspiracy to distribute fentanyl, as well as to related weapons and money laundering charges, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Chris Nielsen. The plea was accepted by the Honorable Susan Illston, Senior United States District Judge.
In the plea agreement, Zolfaghari, 42, of San Francisco, admitted that from May of 2014 until June of 2016 he agreed with others to distribute and possess with intent to distribute fentanyl. Fentanyl, a Schedule II controlled substance, is a highly potent opiate that can be diluted with cutting agents to create counterfeit pills that attempt to mimic the effects of oxycodone, and can typically be obtained at a lower cost than genuine oxycodone. However, small variations in the amount or quality of fentanyl can have significant effects on the potency of the counterfeit pills, raising the danger of overdoses. In this case, Zolfaghari admitted that his role in the conspiracy included buying a pill press, using it to manufacture pills, and selling the pills, principally online. Zolfaghari admitted he stamped the pills in a manner consistent with genuine oxycodone and advertised the pills as oxycodone, but that the pills did not contain oxycodone and instead contained fentanyl.
In his plea agreement, Zolfaghari also described the roles of two of his co-conspirators in the drug trafficking conspiracy. For example, Zolfaghari acknowledged that one of his co-conspirators assisted him in the operation by packaging and mailing pills as well as cleaning up after he manufactured the pills. Additionally, Zolfaghari explained that another co-conspirator assisted him by maintaining a post office box for the delivery of fentanyl powder that he used to make pills and by delivering the powder that arrived in that post office box. Zolfaghari admitted that over the course of the conspiracy he made over $400,000 through his sales, and sold at least 13,000 fentanyl pills.
Zolfaghari also pleaded guilty to conspiring to launder the proceeds of the drug trafficking operation. Specifically, Zolfaghari admitted that sometime before May 1, 2014, he agreed with others to engage in several financial transactions to conceal the of those proceeds of his drug sales. For example, he arranged to be paid in the digital currency bitcoin, he used unlicensed bitcoin brokers to exchange the bitcoin for cash, and he directed a co-conspirator to purchase gift cards with the cash. Zolfaghari further admitted that these transactions were intended to conceal the source and ownership of the proceeds of his drug transactions. Zolfaghari also admitted he used the proceeds from his drug trafficking operation to make a $40,000 down payment (and additional monthly payments) on a 2015 Audi RS5 Coupe; to make payments on an apartment in San Francisco; and to make purchases of luxury goods such as high-end watches, designer shoes, and jewelry.
Zolfaghari was arrested on June 10, 2016. At the time of his arrest, Zolfaghari was found in possession of a Smith & Wesson handgun and 500 pills containing fentanyl.
On November 29, 2016, a federal grand jury returned a superseding indictment against Zolfaghari, charging him with four counts of distribution and possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); four counts of distribution and possession with intent to distribute 40 grams or more of fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); and one count each of conspiracy to manufacture, to possess with intent to distribute, and to distribute 400 grams or more of fentanyl, in violation of 21 U.S.C. § 846; using, carrying, or possessing a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c); conspiracy to launder drug proceeds, in violation of 18 U.S.C. § 1956(h); and engaging in money laundering in violation of 18 U.S.C. § 1957. Today, Zolfaghari pleaded guilty to the drug trafficking and money laundering conspiracies, as well as to the weapons charge.
Judge Illston scheduled Zolfaghari’s sentencing for November 22, 2019. Zolfaghari faces a maximum sentence of life in prison and a $10,000,000 fine for the conspiracy to manufacture and distribute fentanyl charge. The charge also carries a minimum 10 years in prison. The statutory maximum for the money laundering conspiracy charge is 20 years in prison, and a fine of $500,000 or twice the gain or loss from the criminal activity. The statutory maximum for the weapons charge is life in prison and a $250,000 fine. This charge carries a minimum five years in prison, which term must run consecutive to any other sentence imposed. Additional terms of supervised release and monetary assessments also may be ordered; however, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
In April 2017, Zolfaghari jumped bail and failed to appear for a hearing in this case. On February 9, 2018, Judge Illston sentenced his wife and co-defendant, Candelaria Dagandan Vazquez, 43, who was also a fugitive, to 151 months imprisonment. In February 2019, the United States Marshals Service, together with the Mexican Federal Police, located Zolfaghari and Vazquez in Mexico. Vazquez is currently serving her sentence in the custody of the Federal Bureau of Prisons. Also prosecuted for his role in the drug distribution scheme was King Edward Harris, II, 37, of Oxnard. On September 22, 2017, Judge Illston sentenced Harris to five years in prison for possession and distribution of 40 grams or more of fentanyl.
Assistant U.S. Attorney Nikhil Bhagat is prosecuting the case with the assistance of Linda Love. The prosecution is the result of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Internal Revenue Service Criminal Investigation Division, the United States Postal Inspection Service, and U.S. Customs and Border Protection, with assistance from the United States Marshals Service, the San Francisco Police Department, the San Francisco Fire Department, and the Mexican Federal Police. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Recording Artist R. Kelly Arrested on Federal Child Pornography and Obstruction ChargesRead the Press Release
CHICAGO — Chicago recording artist ROBERT SYLVESTER KELLY, also known as “R. Kelly,” has been arrested on federal child pornography and obstruction charges.
A 13-count indictment returned Thursday in U.S. District Court in Chicago charges Kelly with producing and receiving child pornography, and enticing minors to engage in criminal sexual activity. The charges accuse Kelly of engaging in sex acts with five minors and recording some of the abuse on multiple videos. The indictment also charges Kelly with conspiring to intimidate victims and conceal evidence in an effort to obstruct law enforcement, including an investigation in the 2000s that resulted in his trial in 2008 in Cook County on state child pornography charges.
Kelly, 52, of Chicago, was arrested Thursday night. He is scheduled to appear for an arraignment and detention hearing on Tuesday at 1:00 p.m. before U.S. District Judge Harry D. Leinenweber in Chicago. Kelly is charged with one count of conspiracy to receive child pornography, two counts of receiving child pornography, four counts of producing child pornography, five counts of enticement of a minor to engage in criminal sexual activity, and one count of conspiracy to obstruct justice.
The indictment also charges two former employees of Kelly’s music business: DERREL MCDAVID, 58, of Chicago (one count of conspiracy to receive child pornography, two counts of receiving child pornography, one count of conspiracy to obstruct justice), and MILTON BROWN, also known as “June Brown,” 53, of Chicago (one count of conspiracy to receive child pornography). McDavid is scheduled to make an initial court appearance today at 11:00 a.m. before U.S. Magistrate Judge Young B. Kim in Chicago, while Brown is scheduled to make an initial appearance before Judge Kim on July 19, 2019, at 11:00 a.m.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; James M. Gibbons, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Chicago; and Tara Sullivan, Acting Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago. Substantial assistance was provided by the Cook County State’s Attorney’s Office and the Chicago Police Department. Assistant U.S. Attorneys Angel Krull, Abigail L. Peluso and Jeannice W. Appenteng represent the government.
“This indictment demonstrates our office’s commitment to holding individuals such as Kelly accountable for criminal sexual abuse of minors, protecting the victims of such crimes, and punishing those who obstruct law enforcement investigations,” said U.S. Attorney Lausch. “I thank the courageous individuals who provided law enforcement with important information related to these allegations, and I encourage others with helpful information to do the same. Together with our law enforcement partners and with the help of victims and other witnesses, we will continue to vigorously investigate and prosecute individuals who sexually exploit children.”
“Today’s arrest serves as a reminder of HSI’s commitment to protecting the most vulnerable members of our society – our children,” said HSI Special Agent-in-Charge Gibbons. “We will continue to work in partnership with fellow law enforcement agencies and prosecutors to bring those engaged in child exploitation to justice.”
A separate federal indictment was unsealed today in the Eastern District of New York charging Kelly with racketeering for allegedly operating a criminal enterprise that promoted Kelly’s music and recruited women and girls to engage in illegal sexual activity. Kelly will appear for a removal hearing on the New York charges today at 1:45 p.m. before U.S. Magistrate Judge Sheila Finnegan in Chicago.
Kelly is an award-winning recording artist and record producer who has operated various music businesses in Chicago. According to the indictment in the Northern District of Illinois, Kelly met the five victims in the late 1990s. Kelly engaged in sex acts with the victims while they were all under the age of 18, and he created numerous explicit videos with four of them, the indictment states. The charges allege that Kelly and McDavid in 2001 began paying an acquaintance hundreds of thousands of dollars to collect the videos for the purpose of concealing and covering up their existence. When the acquaintance later planned to hold a news conference to publicly announce that he recovered the videos, Kelly, McDavid and others paid him approximately $170,000 in exchange for agreeing to cancel the event, the indictment states.
Kelly and McDavid also agreed to pay one of the minors and another individual for their efforts to return the videos, but only after they took polygraph examinations to confirm they returned all copies in their possession, the charges allege.
The indictment seeks forfeiture of a personal money judgment of approximately $1.55 million.
The public is reminded that charges contain only accusations and are 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.
Producing child pornography carries a mandatory minimum sentence of ten years in prison and a maximum of 20 years. Receiving child pornography and conspiring to receive child pornography are each punishable by a mandatory minimum sentence of five years in prison and a maximum of 20 years. The maximum sentence for enticement of a minor is ten years. Conspiracy to obstruct justice is punishable by up to five years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
If you believe you are a victim of sexual exploitation by Robert Sylvester Kelly, you are encouraged to contact HSI’s confidential tip line by calling 1-866-DHS-2-ICE (1-866-347-2423) or by logging on to https://www.ice.gov/webform/hsi-tip-form. The service is available 24 hours a day, seven days a week.
Property Preservationist Pleads Guilty in $10 Million Dollar Fraud SchemeRead the Press Release
Former East Greenwich, Rhode Island, businesswoman Monique N. Brady, 44, whose company, MNB, specialized in preserving the condition of foreclosed homes for resale, yesterday admitted to utilizing her business and business contacts, often times family members, friends, and business associates, to operate a $10.3 million dollar Ponzi scheme.
Brady admitted to the Court that she fraudulently represented to potential investors that her company had secured contracts to perform large scale rehabilitation projects on foreclosed properties in Rhode Island, Connecticut, Massachusetts, and New Hampshire. She represented to investors that payments ranging from approximately $20,000 to $80,000 were needed to pay subcontractors to perform the work.
In reality, MNB was hired by banks to perform menial tasks such as mowing grass, changing locks, winterizing properties, boiler or electrical inspections, and snow removal. The majority of projects secured by MNB were for less than $1,000. Many were for as little as $25 dollars to a few hundred dollars.
Brady often solicited and received multiple investments for the same property. To make potential investors believe she had secured contracts for large scale rehabilitation projects, Brady provided fraudulent emails purporting to be from a national property rehabilitation company claiming Brady had been approved to rehabilitate a property. Brady included in the emails fraudulent itemizations of work to be performed. Brady also included, without permission, the identity of an actual employee of the national property rehabilitation company in an attempt to make the emails appear authentic.
Records indicate that of the 171 properties for which Brady solicited and received funds from investors for rehabilitation projects, 98 were for properties her company was never hired to preserve, on which absolutely no work was performed.
In return for their investment, 31 investors were promised a return of 50 percent of the profit realized on the project they invested in. Many investors realized little or no return on their investment. By the time the scheme ended after its discovery in the summer of 2018, 22 individuals had lost approximately $4.78M to Brady.
Brady admitted that among those defrauded were close friends in the East Greenwich community, a close friend from childhood, a close friend from law school, her step-brother, and an older woman who was essentially a nanny to her children. Other victims included three Warwick firefighters and an elderly man with Alzheimer’s disease.
Brady also admitted to attempting to obstruct an Internal Revenue Service (IRS) criminal investigation when, after being told by IRS investigators she was under investigation, she asked investors to delete or destroy all email correspondence, texts, and documents relating to their investments in MNB rehabilitation projects.
Appearing today before U.S. District Court Judge John J. McConnell, Jr., Monique N. Brady pleaded guilty to wire fraud, aggravated identity theft, and obstructing an IRS investigation, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Aaron L. Weisman for the District of Rhode Island, Special Agent in Charge of IRS Criminal Investigation Kristina O'Connell, and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Brady, who remains detained in federal custody, is scheduled to be sentenced on Oct. 4, 2019. Wire fraud is punishable by statutory penalties of up to 20 years in prison, up to five years supervised release, and a fine of up to $250,000 or twice the gross profit/loss. Obstructing an IRS investigation is punishable by statutory penalties of up to three years in prison, one year supervised release, and a fine of $5,000. Aggravated identity theft is punishable by statutory penalties of a two year mandatory sentence consecutive to any other sentence imposed in this matter and one year of supervised release.
The case is being prosecuted by Assistant United States Attorney Lee Vilker of the District of Rhode Island and Trial Attorney Christopher O’Donnell of the Tax Division.
The matter was investigated by agents from IRS-Criminal Investigation and the FBI.
Physician Assistant Pleads Guilty to Federal Drug Charge for Conspiring to Distribute and Dispense Oxycodone, Fentanyl, Methadone, and Alprazaolam at A Pain Management Practice with Offices in Towson and Owings MillsRead the Press Release
Baltimore, Maryland – William Soyke, age 66, of Hanover, Pennsylvania, pleaded guilty today to conspiracy to distribute and dispense oxycodone, fentanyl, methadone, and alprazolam outside the scope of professional practice and not for a legitimate medical purpose.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; and Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services.
“Opioid overdoses are killing thousands of Marylanders each year, and opioid addiction is fueled by health care providers who prescribe drugs for people without a legitimate medical need,” said U.S. Attorney Robert K. Hur. “Doctors and other medical professionals who irresponsibly write opioid prescriptions are acting like street-corner drug pushers. State and federal authorities are continuing to look at ways to shut down ‘pain clinics’ that are really just fronts for criminals who divert pharmaceutical drugs and hook a new generation of addicts. We are determined to reduce the number of opioid overdose deaths here in Maryland.”
According to his plea agreement, from 2011 until the business closed in February 2018, Soyke served as a physician assistant (PA) at Rosen Hoffberg Rehabilitation and Pain Management, P.A. During his tenure, Soyke was able to observe and treat patients of both Dr. Norman Rosen and Dr. Howard Hoffberg, who had hired him and who usually worked at the Towson and Owings Mills offices, respectively.
According to the plea agreement, each new Rosen Hoffberg patient was initially seen by Dr. Rosen or Dr. Hoffberg, who determined the patient’s treatment plan and medication levels. Soyke would then see the patients for follow-up visits. As a PA, Soyke had privileges to prescribe controlled substance medications but was required to operate under a delegation agreement between himself and the Rosen Hoffberg owners.
Soyke admitted that he believed that Drs. Rosen and Hoffberg prescribed excessive levels of opioids. According to the plea agreement, both doctors overruled any attempts by Soyke to lower patients’ dosages. Further, if another health care provider within the practice declined to treat a patient due to the patient’s aberrant behavior (such as failing a drug screening test for illicit drugs or selling their prescriptions), Drs. Rosen and Hoffberg would take over that patient’s care.
Soyke admitted that he knew that many of the patients presenting to Rosen Hoffberg did not have a legitimate medical need for the oxycodone, fentanyl, alprazolam, and methadone they were being prescribed. Nevertheless, Soyke issued prescriptions for these drugs to patients without a legitimate medical need and outside the bounds of acceptable medical practice. Soyke also admitted that in several instances he engaged in sexual, physical contact with female patients who were attempting to get prescriptions. Although the female patients complained to Dr. Rosen and Dr. Hoffberg about Soyke’s behavior, the doctors did not fire Soyke because Soyke saw the largest number of patients at the practice and generated significant revenue for Rosen Hoffberg.
Soyke faces a maximum sentence of 20 years in prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for October 16, 2019 at 3:00 p.m.
United States Attorney Robert K. Hur commended the FBI, the DEA, and HHS-OIG for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jason D. Medinger and Derek E. Hines, who are prosecuting the case.
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Palm Beach County Resident Charged with Export Control Violations for Illegally Exporting Hundreds of Parts for AR-15 Assault RiflesRead the Press Release
A Palm Beach County resident was arrested on July 11, 2019, based on a complaint charging him with conspiracy to violate and attempted violations of the Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR) (18 U.S.C. 371 and 22 U.S.C. 2778).
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, made the announcement.
Cristian German Barrera, 47, was charged with conspiracy to violate the AECA and ITAR, and attempts to illegally export to Argentina defense articles, specifically, parts and components for AR-15 assault rifles, which were smuggled across international borders by a transnational weapons trafficking group in Argentina. He had an initial appearance before U.S. Magistrate Judge Jacqueline Becerra.
According to the complaint and other court documents, Barrera illegally exported without a required license from the U.S. Department of State, to the Argentine weapons trafficking organization, hundreds of AR-15 assault rifle parts. The investigative efforts of HSI agents in the Miami Field Office along with HSI agents stationed in Argentina, and their proactive cooperation with Argentine law enforcement officials between October and December 2019, led to the execution of search warrants in Florida and Argentina that resulted in the seizure of the equivalent of 52 AR-15 assault rifles in Florida and in Argentina: 189 long arms, 156 handguns, one mortar round, one hand grenade, over 30,000 rounds of assorted caliber ammunition, five vehicles, and $110,000 in cash. On June 26, 2019, Argentina’s National Gendarmeria conducted an operation that led to the arrest of additional subjects and the seizure of thousands of firearms and explosive materials.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI, U.S. Customs and Border Protection and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Rick Del Toro and Trial Attorney Evan Turgeon of the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.
A complaint is merely an allegation. Every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mount Pleasant Man Sentenced to 20 Years in Federal Prison for Distributing Fentanyl that Caused Death and Fraud ChargesRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon announced today that Tyler Scher, age 30, of Mount Pleasant, was sentenced in federal court in Charleston after pleading guilty to one count of Distribution of Fentanyl, three counts of Wire Fraud, and three counts of Identity Theft. United States District Judge Richard M. Gergel of Charleston sentenced Scher to 20 years in federal prison, lifetime supervised release, and restitution and forfeiture of $17,599.08. There is no parole in the federal system.
Evidence presented to the court established that in the summer of 2017, Scher befriended the victim, a young woman in her early 20s who had recently moved to Charleston. On July 11, 12, and 13, 2017, Scher attempted to steal money from the victim’s bank account. The victim noticed the attempts and informed the bank of the fraud. The next month, around midnight on August 10, 2017, Scher drove the victim to his heroin dealer and purchased opioids, which turned out to be fentanyl. In the early hours of August 11, 2017, Scher distributed the fentanyl to the victim, which killed her. Then, in August and September 2017, Scher continued to take money from the deceased victim’s PayPal account. In addition to the fraud on this victim, Scher had defrauded two other individuals.
“The facts of this case are some of the more appalling I can recall, and I am reminded of the importance of our justice system and the role it plays in righting wrongs. What a horrendous wrong we witnessed here at the hands of Tyler Scher. Mr. Scher gave this young victim the drugs that killed her, and he exploited her for financial gain both before and after her death,” said U.S. Attorney Lydon. “The U.S. Attorney’s Office is committed to bringing to justice those responsible for pedaling deadly drugs into our communities, leaving death and destruction in their wake. Fentanyl dealers take notice: We will hold you accountable for these deaths. As the opioid epidemic claims countless lives across our nation, we will also continue to stand with law enforcement and community leaders to educate the public about the dangers of opioid misuse and to get these deadly drugs off of our streets.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division stated, “Synthetic opioids, namely fentanyl, when used on the streets, can sometimes be deadly (as was the case in this investigation). The life of this young lady in her 20s ended abruptly when Tyler Scher provided her with a fatal dose of fentanyl. DEA, its many law enforcement partners and the U.S. Attorney’s office are firmly committed to arresting criminals like Tyler Scher who play a role in the destruction caused by the vicious cycle of opioid addiction.”
The case was investigated by the Drug Enforcement Administration and the Mount Pleasant Police Department. Assistant United States Attorney Jamie Lea Schoen of the Charleston office prosecuted the case.
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According to the CDC, 70,237 drug overdose deaths occurred in the United States in 2017, and opioids were involved in 67% of those deaths. Fentanyl can be 50 times more potent than heroin, significantly increasing the risk for overdose, and a person who obtains drugs illegally may not know that a substance contains fentanyl. If you or a loved one are struggling with substance misuse, you can find treatment options in your area at http://www.daodas.sc.gov/treatment/local-providers/.
Milan Man Sentenced to 14 Years in Prison for Child Sexual ExploitationRead the Press Release
KANSAS CITY, Mo. – A Milan, Missouri, man was sentenced in federal court today for transporting a 12-year-old victim across state lines for criminal sexual activity.
Eh Tah Ger, 24, was sentenced by U.S. District Judge Brian C. Wimes to 14 years and two months in federal prison without parole.
On Jan. 23, 2019, Ger pleaded guilty to transporting a minor across state lines with the intent to engage in criminal sexual activity. Ger admitted that he picked up a 12-year-old girl in Omaha, Nebraska, on Jan. 7, 2018. Ger lived with the child victim in his vehicle and at a residence in Milan until Jan. 20, 2018, when he was arrested. During that time, Ger admitted, he engaged in sexual intercourse with the child victim multiple times.
According to court documents, the child victim’s parents in Omaha reported her missing on Jan. 9, 2018. The parents told police their daughter had left their home the previous morning and had not yet returned. The mother also said her daughter had gone missing twice over the last month, and in both instances had been found with Ger. Ten days later the child victim was recovered after law enforcement agencies in Nebraska and Missouri pinpointed her location at an address in Milan.
Ger told officers that the child victim had been his “girlfriend” for five or six months, but that age was not an issue in his country. (Ger is a refugee whose family fled from Myanmar when he was 11 years old and arrived in the United States in 2011. According to court documents, Myanmar appears to criminally penalize sexual intercourse with a female under 14 years of age.) Ger said he would not allow her to leave the residence without him, or talk to the other adult males there because it made him jealous. Ger would feed her, and she would not eat unless fed by him. Ger’s cell phone contained video recordings of sexual acts between them, which were filmed the day before his arrest.
This case was prosecuted by Assistant U.S. Attorney Patrick D. Daly. It was investigated by the FBI, the Missouri State Highway Patrol, the Sullivan County, Mo., Sheriff’s Department, and the Omaha, Neb., Police Department.
Project Safe Childhood
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."Midland Man Pleads Guilty to Federal Drug and Firearm Charges in Connection with the Murder of Two Midlanders in July 2015Read the Press Release
Ryan David Green, age 27 of Midland, faces up to life in federal prison time after pleading guilty this week to firearm and drug trafficking charges in connection with the murder of two Midland residents in July 2015, announced U.S. Attorney John F. Bash, Midland Police Chief Seth Herman and DEA Special Agent in Charge Kyle Williamson, El Paso Division.
Appearing before U.S. District Judge David Counts on Wednesday, Green pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine; one count of discharging a firearm in furtherance of a drug trafficking crime; and, one count of murder resulting from the discharge of a firearm during and in relation to a drug trafficking crime.
By pleading guilty, Green admitted that on July 17, 2015, he and his co-defendants—Sean Blake Jobe and Trace Ryan Roland—conspired to murder a Midland man because of drug money the man owed to Roland.
According to court records, in the early morning hours of July 17, 2015, Green and Jobe went to a home in Midland and shot and killed the man and his girlfriend, who were living in a shed behind the home. Then they set fire to the shed and burned the victims beyond recognition.
Earlier this year, both Jobe and Roland pleaded guilty to the same three federal charges. All of the defendants remain in federal custody. Sentencing for all three defendants is scheduled for October 10, 2019, before Judge Counts in Midland.
The Midland Police Department and the Drug Enforcement Administration investigated this case. Assistant U.S. Attorneys Brandi Young and Glenn Harwood are prosecuting this case on behalf of the Government.
Middlesex County, NJ Deputy Sheriff Indicted on Federal Charges for Producing and Distributing Child PornographyRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Joshua Padilla, 33, of Eatontown, New Jersey was charged by Indictment with producing, distributing, and possessing child pornography. The defendant was previously charged with multiple related felonies in February 2019 by Pennsylvania Attorney General Josh Shapiro.
The defendant, a Middlesex County Sheriff’s Deputy, recorded himself having unlawful sexual contact with a 17 year-old girl and later uploaded some of that video to an online platform. The defendant drove the minor to Northampton County, Pennsylvania to engage in this illicit sexual conduct.
“The allegations in this case are particularly disturbing because of the defendant’s position of authority and trust in the community as a law enforcement officer,” said U.S. Attorney McSwain. "We stand ready with our federal, state and local partners to identify and prosecute those who would prey upon minor children – no matter who they are.”
“As a member of law enforcement, this defendant was sworn to protect the people he served, but instead he stands charged with abusing and exploiting a minor,” said Attorney General Josh Shapiro. “I’m proud to stand with our federal law enforcement partners in our steadfast commitment to investigating and prosecuting anyone who takes advantage of children wherever we find them—without fear or favor.”
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
If convicted, the defendant faces a maximum possible sentence of 60 years’ incarceration with a mandatory minimum term of 15 years’ imprisonment.
The case was investigated by the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Josh A. Davison.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Methuen Man Arrested for Distributing FentanylRead the Press Release
BOSTON – A Methuen man was arrested and charged in federal court in Boston for distributing fentanyl.
Alexsander Padro, 28, was charged with distributing more than 40 grams of fentanyl. Padro appeared in federal court in Boston yesterday and was detained pending a further hearing.
According to the charging documents, Padro sold more than 40 grams of fentanyl to a cooperating source at a restaurant in Methuen on July 10, 2019. It is also alleged that Padro sold more than 40 grams of fentanyl to an undercover officer in March 2019 and $1,000 worth of fentanyl to an undercover officer in April 2019.
Padro faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Merrill Felon Sentenced to 54 Months for Drug & Gun CrimesRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Ryan Kleinschmidt, 25, Merrill, Wisconsin, was sentenced yesterday by U.S. District Judge William Conley to 54 months in federal prison for possessing methamphetamine with the intent to distribute and for being a felon in possession of a firearm. Kleinschmidt pleaded guilty to these charges on April 11, 2019.
On September 18, 2018, Kleinschmidt was stopped by law enforcement for a traffic violation and was subsequently arrested on an outstanding state matter. A search of his vehicle resulted in the discovery of hidden compartments behind the dashboard where 26 grams of methamphetamine and a loaded Ruger .22 caliber pistol were found.
Judge Conley commented that possessing the handgun while selling drugs was disturbing conduct that created a risk for everyone involved, including law enforcement and others, and the fact that those items were concealed in a hidden compartment demonstrated an increased sophistication.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
The charge against Kleinschmidt was the result of an investigation conducted by Lincoln County Sheriff’s Office, Merrill Police Department, Federal Bureau of Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
Memphis Area Man Pleads Guilty to Paying KickbacksRead the Press Release
LITTLE ROCK – A Memphis area man has pleaded guilty to paying kickbacks to generate sales of high-dollar compounded prescription drugs. Bradley Fly, 34, of Germantown, Tennessee, pleaded guilty on Wednesday before Chief United States District Judge Brian S. Miller. Cody Hiland, United States Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the FBI, and C.J. Porter, Special Agent in Charge of the Dallas Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) announced the guilty plea.
Fly, a veteran of the medical sales industry based in Memphis, promoted high-dollar compounded prescription drugs on behalf of Brad Duke, who previously pled guilty to conspiring to violate the Anti-Kickback Statute last fall. Fly earned 35% of what insurers paid as commission. When Fly learned that TRICARE, the military health insurer, would pay tens of thousands of dollars per month per patient for compounded drugs, Fly concentrated his efforts on generating prescriptions for those beneficiaries covered by TRICARE.
Fly used subordinates to find TRICARE beneficiaries to receive the drugs. Among his subordinates were Individual 1 and Individual 2, who were both already TRICARE beneficiaries, as were their spouses. In violation of the Anti-Kickback Statute, Fly paid both Individual 1 and Individual 2 in exchange for agreeing to receive prescription compounded drugs for themselves and their spouses. TRICARE paid upwards of $500,000 for these prescriptions, earning Fly over $185,000 in commission.
If you or someone you know was approached about getting compounded prescription drugs, please contact [email protected].
Violating the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), is punishable by up to five years imprisonment, a fine of not more than $250,000, and up to three years of supervised release. This case was investigated by the FBI and HHS-OIG, and prosecuted by Assistant United States Attorneys Alexander D. Morgan and Patrick C. Harris.
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United States Attorney for the Eastern District of Arkansas, is available online at
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@EDARNEWSMason City Drug User Sentenced to Federal Prison for Lying About Drug Use to Buy an AK-47-Style RifleRead the Press Release
A man who falsely claimed he was not a drug user when buying an AK-47-style rifle in 2018 was sentenced July 11, 2019, to nearly three years in federal prison.
Braiden Robert William Despenas, age 22, from Mason City, Iowa, received the prison term after a March 4, 2019 guilty plea to being an unlawful drug user in possession of a firearm and making a false statement during the purchase of a firearm.
In a plea agreement, Despenas admitted that he was an unlawful marijuana user between at least October 2017 and March 2018. Court records show that in October 2017 Despenas was involved in an injury collision while he was driving under the influence of marijuana. In March 2018, Despenas purchased an AK‑47‑style rifle with a high‑capacity magazine from a federal firearms licensee in Dubuque. Despenas admitted that while completing ATF forms during the purchase of the rifle he falsely denied that he as a drug user.
Court records further show that Despenas purchased at least five firearms between October 2017 and May 2018. He falsely claimed he was not a drug user on each form. In October 2017, Despenas bought two pistols in Mason City. Less than two months later, Mason City police recovered one of those pistols after it was found lying, loaded with four rounds, in a yard in Mason City.
During a search of Despenas’s home in June 2018, officers recovered manuals, boxes, and ammunition for some of the firearms, but no firearms. Despenas claimed the pistols he purchased in October 2017 were stolen, but that he had not reported the theft. He also initially stated he “believed” he purchased the AK-47-style rifle, but denied, or claimed he could not recall, purchasing other firearms. When confronted with the fact that officers had purchase paperwork for all of the firearms, Despenas admitted to purchasing them. He claimed he had thrown one of them in a river because it did not work correctly, and that two others were at a relative’s house. Police recovered two of the firearms at another apartment associated with Despenas in Mason City later that day. Two firearms Despenas illegally purchased have never been recovered by law enforcement.
Despenas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Despenas was sentenced to 33 months’ imprisonment on each charge, to be served concurrently. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Despenas is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Mason City Police Department, and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-03001-CJW-MAR.
Follow us on Twitter @USAO_NDIA.
Manchester Man Pleads Guilty to Cocaine Trafficking and Firearms ChargesRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced that Mark Manapsil, 35, of Manchester, pleaded guilty in federal court on Thursday to distribution of cocaine, possession of cocaine with intent to distribute, and being a felon in possession of a firearm.
According to court documents and statements made in court, on August 17, 2016, and November 2, 2016, Manapsil sold quantities of cocaine to an individual who was cooperating with law enforcement officers. On November 29, 2016, Manapsil, a convicted felon who is prohibited from possessing guns, sold a semi-automatic rifle to the cooperating individual for $900. On March 22, 2017, Manapsil was found in possession of 497 grams of cocaine when his vehicle was stopped by the New Hampshire State Police in Nashua.
Manapsil will be sentenced on October 21, 2019.
“Drug traffickers are engaged in a hazardous business,” said U.S. Attorney Murray. “Frequently, they equip themselves with firearms, thereby increasing the risk to the community. In order to combat this threat, we will continue to work closely with our law enforcement partners to pursue federal prosecutions of armed drug traffickers.”
"Drug traffickers have no place in our community and the FBI and our law enforcement partners will continue to do everything we can to stop the movement and sale of drugs on our streets, while ensuring that our neighborhoods are free from illegal firearms," said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
The case was investigated by the FBI, DEA, New Hampshire State Police, and Manchester Police Department. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
This investigation was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). 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.
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