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15 August 2019
Wasilla Man Sentenced to Federal Prison for Scheme to Defraud Alaska ConsumersRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that a Wasilla man has been sentenced to prison on federal wire fraud charges which arose from a scheme that defrauded Alaska consumers.
Dmitry Kudryn, 34, of Wasilla, was sentenced yesterday by U.S. District Judge Sharon L. Gleason to serve one year in federal prison, a $100,000 fine, and the maximum three years of supervised release following his release from custody.
In July 2014, Kudryn participated in a scheme based on his importation of furniture manufactured in China and then falsely advertising the furniture for sale as having been manufactured in Italy. Specifically, Kudryn purchased hundreds of thousands of dollars’ worth of wholesale furniture from a manufacturer in China and then re-sold the furniture as “Italian leather furniture” to retail purchasers in Alaska at a significant markup using the Craigslist.com internet marketplace. He fraudulently sold hundreds of these sofa sets to individuals in Alaska, including an undercover Homeland Security Investigations (HSI) investigator.
The investigation revealed that the Craigslist advertisements falsely represented that each unit was worth $4800 “shipped from the lower 48.” Kudryn would then arrange for the retail sale of the furniture to individuals in Alaska for approximately $2400 per unit, when in reality he purchased them for less than half that amount.
In pleading guilty to conspiracy to commit wire fraud in relation to the sofa scheme, Kudryn also admitted his involvement in another long running scheme to obtain refurbished and or promotional Apple products, which were then repackaged in Alaska in counterfeit packing and sold as new to overseas purchasers using the Amazon and eBay marketplaces. Kudryn forfeited $586,748.22 in illicit proceeds from that scheme.
At the sentencing hearing, Judge Gleason noted that Kudryn had a history of fraudulent conduct in connection with his business activities in imposing sentence.
Homeland Security Investigations (HSI) and IRS Criminal Investigation (IRS-CI) conducted the investigation leading to successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Adam Alexander.
Warsaw Man Sentenced to Three Years in Prison for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kory Doyle, 33, of Warsaw, NY, who was convicted of possession of child pornography, was sentenced to serve 36 months in prison by Chief U.S District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on September 5, 2017, investigators found the defendant in possession of child pornography on multiple computers, hard drives, and cellular telephones. Doyle downloaded the images and videos from various websites. Some of the images and videos depicted prepubescent minors under 12 years old, violence, and the sexual abuse of an infant.
The sentencing is the result of an investigation by Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.
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Walnut Creek Man Sentenced to More Than Two Years in Prison for Mail Theft Conspiracy Targeting San Francisco Apartment ComplexRead the Press Release
SAN FRANCISCO – Tyler Goforth was sentenced to 27 months in prison and ordered to pay restitution for his role in a conspiracy to commit wire fraud stemming from a mail theft scheme, announced United States Attorney David L. Anderson and United States Postal Inspection Service Inspector in Charge Rafael Nuñez. The Honorable Maxine M. Chesney, U.S. District Judge, handed down the sentence.
Goforth, 35, of Walnut Creek, Calif., pleaded guilty to the charge on May 29, 2019. According to his plea agreement, Goforth admitted that he and his co-defendant, Jesslyn Felix, 35, also of Walnut Creek, traveled repeatedly to the Beacon Apartment Complex, a large apartment building in San Francisco, to steal mail from Beacon residents. The defendants visited the Beacon more than a dozen times between August 2017 and February 2018. Goforth and Felix entered one of the mailrooms at the Beacon, forced open mailboxes, and then stole mail. They then used personal information and documents found in the stolen mail to steal money from Beacon residents, which they spent for personal gain. Specifically, Goforth and Felix activated credit and debit cards in the victims’ names, stole checks and gift cards, accessed bank accounts belonging to Beacon residents, and stole photo identifications which they then used to carry out their scheme to steal money. In total, Goforth and Felix stole mail from more than 80 residents of the Beacon and stole more than $40,000 from them.
A federal grand jury indicted Goforth and Felix on January 15, 2019. The 14-count indictment charged each defendant with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; five counts of wire fraud, in violation of 18 U.S.C. §1343; six counts of theft of mail, in violation of 18 U.S.C. §1708; one count of aggravated identity theft, in violation of 18 U.S.C. §1028A; and one count of possession with intent to use or transfer five or more documents or authentication features, in violation of 18 U.S.C. §1028(a)(3). Goforth and Felix both pleaded guilty to the conspiracy charge on May 29, 2019.
In addition to the prison term, Judge Chesney ordered Goforth to serve a three-year period of supervised release to begin at the completion of the prison term. Goforth has been in custody since May 6, 2019.
Judge Chesney scheduled Felix’s sentencing for September 18, 2019. Like Goforth, if Felix complies with the plea agreement, the remaining counts pending against her will be dismissed at sentencing.
Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the United States Postal Inspection Service.
Virginia Man Sentenced to 20 Years in Prison for Fatal Shooting in Southwest D.C.Read the Press Release
WASHINGTON – Joshua Lamar Artis, 29, also known as “K.O” (Knock-Out), of Dale City and Woodbridge, Virginia, was sentenced yesterday to 20 years in prison, concurrent to the sentence he is currently serving for a gun offense in Prince William County, Virginia, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
The sentencing followed a guilty plea that Artis entered to second-degree murder on July 24, 2019. The guilty plea was entered pursuant to Rule 11(c)(1)(C) of the Superior Court Rules of Criminal Procedure, and the government and Artis agreed that Artis would serve a sentence of 240 months or 20 years in prison, concurrent to the sentence that he currently is serving in Prince William County, Virginia.
Artis’s guilty plea stemmed from the shooting death of Ryan Addison in the area of Martin Luther King, Jr., Avenue and Elmira Street, S.W., at about 12:22 a.m., on Tuesday, August 11, 2015. The sentence imposed by Judge Ronna Lee Beck, means that Artis, who concludes his sentence in Prince William County, Virginia, on or about December 15, 2021, will have to serve another 232 months, or seventeen (17) years and eight (8) months in prison, followed by five (5) years of supervised release, after he completes the sentence he is currently serving.
The government’s evidence showed that in the summer of 2015, Artis and others were members of the United Blood Nation (U.B.N. commonly referred to as the “Bloods”) criminal street gang. U.B.N. was established in 1993 and is one of the largest criminal street gangs operating in the United States. Among the several factions, or “hoods” or “sets,” that comprise the U.B.N. are the Imperial Gangster Bloods (I.G.B.). There are specific rules and protocols which govern how U.B.N. gang members are to conduct themselves. The failure to abide by those rules and protocols can result in the imposition of sanctions including loss of rank, excommunication from the gang, and even death. Committing an act of violence, such as murder, on behalf of the U.B.N. or a U.B.N. leader is one way for a gang member to promote, further, or assist in gaining rank within the gang. The leader of the Northern Virginia I.G.B., based in Woodbridge, Virginia, and two other highly ranked IGB members, cooperated in the investigation. Artis, who was recruited into the Northern Virginia I.G.B. hood by the IGB leader, held the lowest rank of “Foot Soldier.”
On June 28, 2015, Rodney Delonte Davis, a.k.a. “Lo,” who was a friend and associate of both the leader of IGB and Artis, was shot and killed in the area of Galveston Place, S.W. The leader of IGB considered “Lo” a close friend whom he had known for several years. Artis had known and associated with “Lo,” but was not as close to him as the IGB leader. The IGB leader and Artis had information that the person responsible for killing “Lo” lived in the area where “Lo” was killed on Galveston Place, S.W. In the weeks following “Lo’s” murder, the IGB leader discussed with subordinate gang members, to include Arits and others, the possibility of retaliating against “Lo’s” killer.
On the night of August 10, 2015, Artis told the IGB leader that he planned to retaliate against “Lo’s” killer. The IGB leader, who had the power to sanction or prevent a subordinate gang member from committing an act of violence, authorized Artis to commit the retaliation murder. That same night, Artis, and two others, to include an IGB member, drove a rental car to N.W., Washington, D.C., and met with another IGB member at a BP gas station. There, Artis discussed with two other IGB members his desire to commit the retaliation murder. Artis was armed at the time with a 9mm High Point semi-automatic handgun that belonged to another IGB member. Artis and two others, including one IGB member, then drove in a rental car to the area of Galveston Place, S.W. Minutes after arriving, at around 12:20 a.m., on August 11, 2015, Artis slowly drove up next to Ryan Addison, who was walking in the area of Elmira Street and Martin Luther King, Jr., Avenue, S.W., just blocks away from Galveston Place, S.W. Artis opened fire at Addison, who then briefly ran down the 200 block of Elmira Street, S.W. before collapsing. Addison sustained four gunshot wounds to the back and was pronounced dead hours later. The manner of death was ruled a homicide.
After committing the murder, Artis went with another person to the IGB leader’s home in Virginia where he told the IGB leader that he had shot someone in the area where “Lo’s” killer was believed to reside. Artis subsequently requested and attained a promotion in rank within the gang for committing the murder.
After his arrest in 2016, Artis stated on a recorded jail call that “I put a lot of shit on the line for [the leader of the IGB] that I shouldn’t have. I did it out of loyalty.” In another jail call recorded in 2016, the defendant referenced “Lo,” and how, “I did a little somethin’ somethin’, out the city, you know, on that behalf,” and that “[two witnesses were] with me. . .. They ain’t do nothing though. They was just out there.”
At the sentencing hearing, the Court heard statements from Karen Herbert, Ryan Addison’s mother, Christopher Herbert, Ryan’s older brother, Cortez Addison, Ryan’s younger brother and Caesar Bowman, a close friend of Ryan.
In announcing the sentence, U.S. Attorney Liu commended the work of the detectives of the Criminal Investigations Division Homicide Branch, the Seventh Police Districts of the Metropolitan Police Department, and Evidence Technicians. She also commended the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Prince William County, Virginia, Police Department, and the Charlotte Mecklenburg, North Carolina, Police Department. As well, U.S. Attorney Liu expressed appreciation of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigators Durand Odom and Mark Crawford, Paralegal Specialist Debra Joyner, Investigative Analyst Zachary McMenamin, Litigation Technology Chief Leif Hickling, Victim Witness Supervisor Katina Adams-Washington, Victim Witness Advocate Jennifer Allen, and the summer interns and law clerks of the Homicide Section.
Finally, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Richard Barker, Ahmed M. Baset, and Michael D. Brittin for investigating and prosecuting the case.
Virginia Man Sentenced to 60 Months in Prison for Committing Hate Crime by Threatening Employees of the Arab American InstituteRead the Press Release
William Patrick Syring, 61, of Arlington, Virginia, was today sentenced to 60 months in prison for threatening employees of the Arab American Institute (AAI) because of their race and national origin, threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and transmitting threats to AAI employees in interstate commerce.
“Threats aimed to intimidate individuals based on their ethnic or racial origin are despicable violations of civil rights freedoms protected by our constitution,” said Assistant Attorney General Eric Dreiband. “The Department of Justice will continue to fight to preserve the basic rights of people to live, work, and speak in their communities without the fear of hostility based on racism.”
“Investigating hate crimes is one of the FBI’s highest criminal priorities; these hateful acts are not only an attack on the victim, but are meant to intimidate an entire community,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “This sentencing demonstrates the FBI’s commitment to holding accountable those who seek to violate the civil rights of the people of our community through violent threats.”
Evidence presented at trial established that from 2012 to 2017, Syring sent over 700 emails to AAI employees, culminating in five death threats in 2017. According to court documents, Syring previously pleaded guilty in 2008 to sending threatening emails to AAI employees. Evidence presented at trial showed that Syring used nearly identical language that he admitted were threats in 2008 as he did in 2017.
According to testimony in court, AAI employees were frightened of Syring because he had sent them death threats in the past and continued to do so over a decade later. Additionally, according to witness testimony, many AAI employees lived in fear that Syring would follow through on his threats and physically harm them. They further testified to the toll it took on them personally and their families and loved ones.
On May 9, Syring was convicted on all 14 counts in the indictment, including seven hate crime charges and seven interstate threats charges. The case was investigated by the FBI Washington Field Office, and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.
United States Reaches Agreements with Ocean County and Union County Boards of Elections to Ensure Compliance with Americans with Disabilities ActRead the Press Release
NEWARK – The United States has reached agreements with the election boards for Ocean and Union counties to ensure people with disabilities can physically access polling locations, U.S. Attorney Craig Carpenito announced today.
From 2015 to 2019, the federal government surveyed more than 100 polling places through four elections in Ocean and Union counties. The surveys found many of those polling places had physical barriers to access, potentially impeding voters who have mobility or vision impairments. The Boards of Elections in those two counties expressed their commitment to making all polling locations accessible to voters with disabilities, as required under Title II of the Americans with Disabilities Act (ADA).
Under the memoranda of agreement, the county election boards will employ temporary measures, such as portable ramps and signage, where appropriate to make polling places accessible. They will also train their poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible. The county boards will also survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreements also require the county boards to select locations that will be accessible during elections. The Department of Justice will monitor the county boards’ compliance with the agreements and provide the counties with technical assistance.
The Ocean and Union county election boards fully cooperated with the U.S. Attorney’s Office to voluntarily reach the agreements, and agreed to take remedial steps soon after learning of these findings to improve physical accessibility at polling places.
“The right of every voter with a disability to vote in person at his or her local polling place is an integral part of our democratic system of government that must be not be diminished or restricted by barriers to access,” U.S. Attorney Carpenito said. “These agreements protect this fundamental right by ensuring voting access to polling places to individuals with mobility disabilities.”
These agreements are part of the Justice Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. The Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions.
The United States is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Civil Rights Unit, Assistant U.S. Attorney Kelly Horan Florio, of the U.S. Attorney’s Civil Rights Unit, and Assistant U.S. Attorneys Elizabeth A. Pascal and Kristin Vassallo, Deputy Chiefs of the U.S. Attorney’s Civil Division.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at: http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).
Two Pittsburgh Men Charged with Conspiring to Distribute 10 Kilos of CocaineRead the Press Release
PITTSBURGH, PA – Two former residents of Pittsburgh, Pennsylvania have been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on August 13, named Abraham Martinez, 50, and Donell Higginbotham, 40, as co-defendants. The indictment, which was returned following a federal criminal complaint that was filed on July 17, 2019, charges Martinez and Higginbotham with conspiring to distribute and attempting to possess with intent to distribute 10 kilograms of cocaine. According to the Affidavit supporting the criminal complaint, investigators with the Greater Pittsburgh Safe Streets Task Force and the Federal Bureau of Investigation conducted a controlled purchase and delivery operation on July 16, 2019, and thereafter apprehended Martinez and Higginbotham with approximately 10 kilograms of suspected cocaine and $310,000 in U.S. Currency.
The law provides for a maximum total sentence of life in prison, and a mandatory minimum sentence of 10 years in prison, a fine of $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Both defendants remain detained in prison until the resolution of the case.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pittsburgh Safe Streets Task Force conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Men Arrested, Charged with Smuggling Marijuana into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Jason Ng, 59, of Woodside, NY, and Can Ren Li, 56, of Norwich, CT, were arrested and charged by criminal complaint with smuggling of goods into the United States, importation of a controlled substance, and possession with intent to distribute a controlled substance. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on August 12, 2019, at approximately 11:10 a.m., the defendants attempted to enter the United States from Canada at the Rainbow Bridge Port of Entry in Niagara Falls, NY. Ng and Li were in a vehicle bearing New Jersey temporary license plates. During primary inspection, Ng, who was the driver, declared that he and Li spent one night at the casino and were returning to Buffalo. However, a Customs and Border Protection Officer noticed that both defendants had frequent border crossings at different ports of entry in different plated vehicles. The officer opened the back of the van and observed five spare tires. When asked why he had the tires, Ng stated that he had a tire repair business. Ng declared $1,000.00 U.S. currency and Li declared $125.00 U.S. currency. The defendants were then referred for secondary inspection.
During secondary inspection, the defendants stated that they did not have any alcohol, tobacco, marijuana, or any other illicit drugs. However, a K9 dog alerted to the side door of the van, as well as the five tires in the back of the van. An x-ray exam was conducted on the tires which showed compacted material inside the empty space of the tires. A drill was used to probe the tires and multiple plastic bags of suspected marijuana were discovered.
The defendants made an initial appearance this morning before U. S. Magistrate Judge Michael J. Roemer. Defendant Li was released on conditions. Defendant Ng was released on $25,000 bond.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Individuals Indicted Separately and Arrested for Carjacking Murder, Carjacking Resulting in Serious Bodily Harm, and Firearms OffensesRead the Press Release
SAN JUAN, P.R. – On August 14, 2019, a federal grand jury returned two separate indictments charging Carlos Rafael Rosario-Morales and Héctor L. Maldonado-Sierra for two separate violent crime events, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI and the Puerto Rico Police Department are in charge of the investigation.
Carlos Rafael Rosario-Morales is charged with carjacking resulting in death. On August 6, 2019, the defendant, with intent to cause death or serious bodily harm, took a 2017 white Ford Transit that had been transported, shipped, and received in interstate or foreign commerce, by force, violence, and intimidation, and in so doing murdered Uber Eats driver Carlos Gilberto Ponce-Fernández.
According to the investigation, on August 6, the victim was exiting a fast food restaurant in Santurce, PR after having picked up food. As he walked to his vehicle, the defendant approached him, brandished a knife, and demanded Ponce-Fernández hand him the keys to his vehicle, but the victim refused to do so, and they engaged in a physical struggle. During the struggle, Rosario-Morales stabbed Ponce-Fernández multiple times, causing his death.
On August 7, 2019, police officers arrested Rosario-Morales while entering the Ford Transit he had violently stolen the day prior. At the time of the arrest, Rosario-Morales had a knife in his waistband.
In a separate case, defendant Héctor L. Maldonado-Sierra is charged in a two-count indictment with carjacking resulting in serious bodily injury, and possession and brandishing a firearm in furtherance of a crime of violence. On July 26, 2019, the defendant, aided and abetted by others, with the intent to cause death or serious bodily harm and possessing and brandishing a firearm, took a 2016 Jeep Wrangler Unlimited that had been transported, shipped, and received in interstate or foreign commerce, from the person and in the presence of an adult male and an adult female, by force, violence, and intimidation, and in so doing caused serious bodily injury to the female victim in committing a sexual act.
“We are aware that there is concern about the number of carjackings reported in the last month. The mission of all Puerto Rico law enforcement agencies, both state and federal, is to ensure that we all feel safe in our streets, homes and neighborhoods. All law enforcement agencies are working together to prevent and solve these crimes, and to apprehend those who are a threat to our communities,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “I commend the PRPD agents, the FBI agents, and the prosecutors for their excellent work in bringing these defendants to justice.”
“The FBI and our partners have never been more determined to investigate any violent robbery to its ultimate consequences. Those youths, who are unable to say no to committing violence against others, should give it some serious consideration, because otherwise they will very likely spend a large part of their adult lives in prison,” said Douglas A. Leff, Special Agent in Charge of the FBI in Puerto Rico.
The cases are being prosecuted by Assistant United States Attorney Alexander Alum. The FBI and Puerto Rico Police Department are in charge of the investigation. If convicted, Carlos Rafael Rosario-Morales faces up to life in prison and is eligible for the death penalty; Héctor L. Maldonado-Sierra faces up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Two Indicted for Growing Marijuana in Sequoia National Forest in Fresno CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Marino Cruz Diaz, 21, and David Moreno Florez, 25, both residing in Salinas, charging them with manufacturing more than 1,000 marijuana plants, conspiracy to manufacture more than 1,000 marijuana plants, and depredation of public lands and resources, U.S. Attorney McGregor W. Scott announced. Moreno Florez was also charged with possession of a firearm in furtherance of a drug-trafficking crime.
According to court documents, law enforcement officers located a clandestine marijuana grow site in Sequoia National Forest in Fresno County. On Aug. 2, 2019, officers hiked into the grow site, where they found and arrested Cruz Diaz and Moreno Florez. Moreno Florez was carrying a loaded, AR-15 style rifle. Officers also found a loaded shotgun in the area. The cultivation site was secured, and 2,448 live marijuana plants were eradicated.
This case is the product of an investigation by the U.S. Forest Service with assistance from the California Department of Fish and Wildlife and the Fresno County Sheriff’s Office. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted of the drug conspiracy and manufacturing offenses, the defendants face a mandatory minimum statutory penalty of 10 years in prison and a maximum penalty of life in prison, as well as a $10 million fine. The environmental charge carries a maximum statutory penalty of 10 years and a fine of up to $250,000. In addition, the defendants may be liable for restitution to the U.S. Forest Service for damage sustained to the land and natural resources as a result of the cultivation activities. The firearms charge subjects Moreno Florez to a potential five-year consecutive prison term. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Men Sentenced to 50 Years Combined in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that three men were sentenced to 600 months combined in federal prison followed by 11 years of supervised release for their roles in a conspiracy to distribute controlled substances. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court records, investigators with the Drug Enforcement Administration (DEA), assisted by local law enforcement agencies, began investigating the distribution of heroin and methamphetamine in the Western District of Arkansas and Northern District of Oklahoma following the death of an individual from a suspected heroin overdose. As a result, investigators identified Vernon Williams, age 50, Gabriel Whitener, age 35, and Aaron Bevill, age 37, as distributors of narcotics in Northwest Arkansas.
In 2018, investigators conducted controlled drug purchases with Williams and Whitener. Together, Williams and Whitener distributed 91.4 grams of actual methamphetamine and 21.59 grams of heroin during those controlled purchases. In December 2018, Bevill drove Williams to California in order to obtain additional amounts of controlled substances. Oklahoma Highway Patrol stopped Bevill and Williams on their way back to Northwest Arkansas. A search of the vehicle revealed 6.2 grams of actual methamphetamine, 175.5 grams of heroin, and 883.9 grams of marijuana.
Williams, of Watts, Oklahoma, was sentenced yesterday to 248 months in federal prison followed by 5 years of supervised release. Whitener, of Watts, Oklahoma, was sentenced yesterday to 210 months in federal prison followed by 3 years of supervised release. Bevill, of Bentonville, Arkansas, was sentenced this week to 148 months in federal prison followed by 3 years of supervised release.
Williams, Whitener, and Bevill were indicted by a federal grand jury in February 2019. They entered guilty pleas in March 2019.
This case was investigated by the Drug Enforcement Administration (DEA), Benton County Narcotics Task Force, and the Oklahoma Highway Patrol. Assistant United States Attorney Kimberly Harris prosecuted the case for the United States.
Three Chicago Men Charged in Murder-For-Hire PlotRead the Press Release
CHICAGO — Three Chicago men have been charged in a murder-for-hire conspiracy that resulted in two fatal shootings in the city’s Lawndale neighborhood.
DESHAWN MORGAN, 37, DARIUS MURPHY, 19, and DEMOND BROWN, 26, are charged with conspiracy to use an interstate facility in the commission of a murder for hire, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago. All three defendants are in law enforcement custody. U.S. Magistrate Judge Susan E. Cox scheduled a detention hearing for Brown for Aug. 19, 2019, at 4:30 p.m., and preliminary hearings for Morgan and Murphy for Aug. 20, 2019, at 10:30 a.m.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; Eddie Johnson, Superintendent of the Chicago Police Department; Kathy A. Enstrom, Special Agent-in-Charge of the Chicago office of the Internal Revenue Service Criminal Investigation Division; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; and Kimberly M. Foxx, Cook County State’s Attorney. Valuable assistance was provided by the Cook County Sheriff’s Office, the FBI, the Chicago High Intensity Drug Trafficking Area program (HIDTA), and the Organized Crime Drug Enforcement Task Force (OCDETF). The government is represented by Assistant U.S. Attorneys John D. Mitchell and Grayson S. Walker.
According to the complaint, Morgan has been involved in violence and illegal narcotics trafficking on the West Side of Chicago. Morgan believed Donald Holmes, Jr., was working with law enforcement as a confidential informant and Morgan sought to have him killed, the complaint states. In the fall of 2017, Morgan hired Murphy and Brown to murder Holmes in exchange for $5,000 and an assault rifle, the charges allege.
On the night of Jan. 31, 2018, the defendants lured Holmes to the 4700 block of West Arthington Street in Chicago, the complaint states. Holmes arrived with his girlfriend, Diane Taylor, and the pair was sitting in Holmes’s Jeep Cherokee parked on the street when Murphy entered the vehicle and shot Holmes and Taylor multiple times in the back of their heads, the complaint states.
Although Holmes had previously worked as a cooperating source for law enforcement, he was not working with law enforcement at the time of the murders, the complaint states.
The day after the murders, Brown purchased a used Buick LeSabre for $900 in cash, the complaint states. Brown then allegedly traveled to Minneapolis, Minn., where he traded the handgun used in the murders for a different firearm. Law enforcement eventually recovered the gun used in the murders after it was discovered in the possession of a Minnesota resident who was arrested in February 2018 in Milwaukee, Wisc., according to the complaint.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The charge in the complaint carries a mandatory sentence of life in prison, while a sentence of death is also possible. Only the Attorney General of the United States has the authority to seek the death penalty. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Thirty-Three G-Shine Gang Members and Drug Trafficking Associates Plead Guilty in Federal CourtRead the Press Release
Florence, South Carolina --- U.S. Attorney Sherri A. Lydon announced today that less than nine months after 33 Horry County and Myrtle Beach drug traffickers were indicted based on a federal wiretap investigation into the G-Shine/SMG gang, all 33 have pleaded guilty and are being sentenced in federal court.
“When we lock arms with our local, state, and federal agencies to get the most violent offenders off our streets, our communities notice an immediate and sustained positive impact,” said U.S. Attorney Lydon. “In the first half of 2017, there were 14 homicides in Horry County. After the Operation Rise and Shine takedown, that number dropped to three homicides in the first half of this year. Robberies and aggravated assaults have also noticeably declined. This case demonstrates the effectiveness of the Project Safe Neighborhoods model, and we will continue to replicate it across the state as we combat violent crime and the opioid epidemic.”
The evidence presented by Assistant United States Attorney Everett McMillian in court hearings reflects that each of the defendants named in the indictment were members and/or associates of a drug trafficking organization known by the name “G-Shine,” formerly known as Gangster Killer Bloods. G-Shine is a Bloods Gang set that evolved from the United Blood Nation in the late 1990s. G-Shine originated in the New York/New Jersey area and migrated along the east coast and now has sets, or sub-groups, in multiple states including New York, New Jersey, North Carolina, and South Carolina. Shine Money Gang is a sub-set of G-Shine that is based in the Longs, South Carolina, area. G-Shine’s gang members and associates engage in the sale of narcotics, including heroin, fentanyl, oxycodone, crack cocaine, and other substances, and use firearms to defend themselves and their criminal enterprise. The evidence reflects that multiple overdoses are attributed to the drugs this gang distributed. This group was specifically pursued for federal prosecution because local law enforcement identified it as one of the most problematic gangs in Horry County.
Authorities used a number of investigative techniques to obtain the evidence needed to secure convictions against this group, including controlled purchases of narcotics, undercover surveillance, interviews of confidential human sources, and a court-authorized wiretap. The investigation was a multi-year, collaborative effort by several local and state agencies, including the Horry County Police Department, Horry County Sheriff’s Office, 15th Circuit Drug Enforcement Unit, Myrtle Beach Police Department, Conway Police Department, South Carolina Law Enforcement Division, Drug Enforcement Administration, United States Marshals Service, and United States Postal Inspection Service. The wiretap investigation was quarterbacked by the Federal Bureau of Investigation in concert with the other agencies. Assistant United States Attorneys Everett McMillian and Justin Holloway are prosecuting the case with support from the 15th Circuit Solicitor’s Office.
Several defendants pleaded guilty within weeks of being arrested during the December 12, 2018, takedown of the organization that involved approximately 125 agents from 12 different law enforcement agencies in and around South Carolina. The final two defendants pleaded guilty on July 22, 2019, just days before their jury trial was set to begin in Florence. Twenty-six of the defendants have already been sentenced—with several of the organization’s leaders and suppliers receiving sentences of 10 years or more in federal prison, as follows:
- Christopher Kayvon Giddens, of Longs, sentenced to 198 months
- Kennis Lorenzo Willard, of Longs, sentenced to 121 months
- Aaron Delond Stanley, of Myrtle Beach, sentenced to 120 months
- Farentino Santonia Green, of Conway, sentenced to 120 months
- Christopher Lamont Pino, of Little River, sentenced to 120 months
- Trey Levert Cox, of Poplar, sentenced to 120 months
- Richard Earl Hemingway, Jr., of Myrtle Beach, sentenced to 108 months
- Rashea Omar Jenerette, of Poplar, sentenced to 84 months
- Shaquille Anthony Gore, of Myrtle Beach, sentenced to 84 months
- Ralph Cleodus Willard, Jr., of Little River, sentenced to 72 months
- Cory Antwan Pertell, of Loris, sentenced to 60 months
- Glen Garrick Holley, of Myrtle Beach, sentenced to 60 months
- Crystal Nicole Dickey, of Little River, sentenced to 54 months
- Dennis Tyron Chestnut, of Myrtle Beach, sentenced to 46 months
- Montea Daryel Myers, of Myrtle Beach, sentenced to 41 months
- Marcus Antonio Hemingway, of Longs, sentenced to 36 months
- Donte Raquan Xavier Livingston, of Myrtle Beach, sentenced to 36 months
- Jada Teal Abril Pyatt, of Myrtle Beach, sentenced to 36 months
- Myland Castelle Davis, of Conway, sentenced to 30 months
- Xavier Jermaine Horne, of Myrtle Beach, sentenced to 30 months
- Eddie Mario Jones, of Myrtle Beach, sentenced to 30 months
- Wendy Elaine Blue, of Longs, sentenced to 30 months
- Kalaera Marie Gee, of Aynor, sentenced to 21 months
- Blake Lashay Evans, of Longs, sentenced to 18 months
- Terrance Damon Richardson, Jr., of Longs, sentenced to 12 months
- Katelyn Anne Stetler, of Little River, sentenced to Time Served
The remaining defendants will likely be sentenced in the coming weeks.
“We truly believe that public safety is a shared responsibility, and this case is a perfect example,” said Myrtle Beach Police Chief Amy Prock. “The efforts of all agencies involved in this case, and the support of the U.S. Attorney and those assisting in the coordination and prosecution, continue to impact the reduction of crime in the Myrtle Beach area. Year to date, Myrtle Beach has had a 14% reduction in Part I crimes, and we attribute this to the ongoing dedication of our team, the partnerships with our local, state and federal agencies, and our community working together to identify those individuals polluting our community with these behaviors. The collaborative enforcement and prosecution effort to address this has been impactful. We are continuously working internally and with our partners to fight the battle on crime. Our message is clear: Don’t come to our area to commit crimes, because you will be caught.”
This prosecution is just one element of a continued and increased focus on stopping violent crime and eradicating the sources of supply of dangerous opioids and other illegal narcotics in the Myrtle Beach area, in Horry County, and across South Carolina. This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Additional information about this case can be found on the docket of the United States District Court, Criminal Case Number 4:18-CR-1080.
Texas Men Get Significant Sentences for Distributing 99% Pure MethRead the Press Release
BROWNSVILLE, Texas – Three Dallas men are now in prison for possession with intent to distribute nearly two kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick.
Ricardo Coria, 40, pleaded guilty Jan. 4, 2019, admitting he knowingly conspired with Juan Angel Zambrano, 46, to possess the methamphetamine with the intent to distribute it. Cesareo Soto-Martinez, 59, pleaded guilty to his role May 10, 2019.
Today, U.S. District Judge Fernando Rodriguez ordered Soto-Martinez to serve a total of 46 months in federal prison followed by five years of supervised release. Zambrano and Coria were previously sentenced to 130 and 210 months, respectively. The sentences were enhanced as the court found the methamphetamine was 99 percent pure, making the substance ice - a more potent form of the drug. In imposing the sentence for Soto-Martinez, the court noted his limited participation in the overall conspiracy. Coria received an upward adjustment in his sentencing due to his status as a recruiter.
On April 5, 2017, Zambrano attempted to enter the United States through the Veterans Port of Entry in Cameron County as a passenger in a commercial bus. During inspection at the pedestrian area, he presented his personal items to include a backpack and an ice chest.
A search of the chest revealed approximately 1.8 kilograms of methamphetamine – ultimately determined to be ice due to its extremely high purity level.
The investigation revealed that in late January 2017, Coria needed a courier to transport drugs to pay a debt to an individual in Mexico. Coria then met Zambrano and Soto-Martinez at a barbecue in Dallas, at which time he recruited Zambrano to transport narcotics for him.
Just prior to the April 2017 seizure of the nearly two kilograms of methamphetamine, Coria had difficulty contacting Zambrano to travel to Mexico to pick up the narcotics. Soto-Martinez contacted Zambrano and asked him to contact Coria. Soto-Martinez also provided his vehicle for the trip and traveled with Zambrano and Coria.
All have been and remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and a Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys Angel Castro and Jody Young prosecuted the case.
Tennessee Correctional Officer Pleads GuiltyTo Federal Civil Rights Offense for Beating InmateRead the Press Release
Memphis, TN – Nathaniel Griffin, 29, today pleaded guilty to using unlawful force on an inmate while Griffin was serving as a correctional officer with the Tennessee Department of Corrections, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, United States Attorney for the Western District of Tennessee D. Michael Dunavant, and FBI-Memphis Special Agent in Charge M.A. Myers.
"The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and attempting to cover up violations of federal criminal law," said Assistant Attorney General Eric Dreiband. "Officer Griffin abused his power in this case, and the Department of Justice held him accountable for his unlawful actions."
"Correctional officers must abide by and adhere to the same laws they take an oath to uphold and enforce. Instead of serving and protecting the public, this officer used physical force to violate the civil rights of an individual and will now be held accountable, vividly illustrating that no one is above the law," said U.S. Attorney D. Michael Dunavant.
"The FBI takes all allegations of civil rights violations seriously, and we will work tirelessly alongside our law enforcement partners to preserve the integrity of the criminal justice system," said M.A. Myers, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "Those who choose to ignore the oath they took to protect and serve will be investigated and brought to justice."
On or about Feb. 1, Griffin and fellow correctional officers T.P., J.Y., C.M., and C.S. entered the cell of R.T., an inmate in the mental health unit at the Northwest County Correctional Complex in Tiptonville, Tennessee. Inmate R.T. spit and then remained seated on a bench, with his arms by his sides.
Correctional officer J.Y. looked in the direction of the surveillance camera in the cell and said, "Cover the camera." Officer C.S. then covered the camera with his hand. When the camera was covered, Griffin saw inmate R.T. sitting with his arms by his side. Correctional Officer J.Y. then repeatedly punched R.T. Griffin estimated that Officer J.Y. hit R.T. between 20-30 times. At some point, Officer J.Y. stopped hitting R.T., looked back at Officer T.P., and said, "Get you some." Officer T.P. then stepped up and punched R.T. between four to five times.
During the assault by the officers, inmate R.T. sat on the bench and covered his face and head with his hands. Griffin knew that punching R.T. was unlawful, but he did not step in to stop it. Officers T.M., C.S., and C.M. were in a position to watch as J.Y. and T.P. punched inmate R.T., but none of them attempted to stop the officers from hitting R.T.
Griffin heard an officer in the cell ask for paper towels. Correctional Officer C.M. handed the towels to Griffin. Griffin wet them in the sink, and handed them to Officer C.S. Griffin knew when they wet the towels, they would be used to cover the camera. After R.T. was punched by J.Y. and T.P., Griffin observed that R.T. was bleeding.
After Officers J.Y. and T.P. stopped punching R.T., the inmate spit on Griffin’s chest and arm. Griffin punched R.T. multiple times. Griffin then left the cell.
Outside of the cell, Griffin spoke with T.P., J.Y., and Corporal T.M. Corporal T.M., who was the ranking officer, told the other officers that they should come up with a false cover story about what happened to R.T. Griffin understood that any subsequent discussion of the incident would not include that he and other officers had punched R.T.
Griffin admitted in today’s guilty plea that he violated 18 U.S.C. § 242 when he repeatedly punched and injured inmate R.T. without legal justification. The maximum penalty for this civil rights offense is 10 years imprisonment. Sentencing is scheduled for November 13, 2019, before U.S. District Court Judge J. Daniel Breen.
This case was investigated by the Memphis Division of the FBI with the support of the Tennessee Department of Corrections, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant United States Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
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Tennessee Correctional Officer Pleads Guilty to Federal Civil Rights Offense for Beating InmateRead the Press Release
Nathaniel Griffin, 29, today pleaded guilty to using unlawful force on an inmate while Griffin was serving as a correctional officer with the Tennessee Department of Corrections, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, United States Attorney for the Western District of Tennessee D. Michael Dunavant, and FBI-Memphis Special Agent in Charge M.A. Myers.
“The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and attempting to cover up violations of federal criminal law,” said Assistant Attorney General Eric Dreiband. “Officer Griffin abused his power in this case, and the Department of Justice held him accountable for his unlawful actions.”
"Correctional officers must abide by and adhere to the same laws they take an oath to uphold and enforce. Instead of serving and protecting the public, this officer used physical force to violate the civil rights of an individual and will now be held accountable, vividly illustrating that no one is above the law,” said U.S. Attorney D. Michael Dunavant.
"The FBI takes all allegations of civil rights violations seriously, and we will work tirelessly alongside our law enforcement partners to preserve the integrity of the criminal justice system," said M.A. Myers, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "Those who choose to ignore the oath they took to protect and serve will be investigated and brought to justice."
On or about Feb. 1, Griffin and fellow correctional officers T.P., J.Y., C.M., and C.S. entered the cell of R.T., an inmate in the mental health unit at the Northwest County Correctional Complex in Tiptonville, Tennessee. Inmate R.T. spit and then remained seated on a bench, with his arms by his sides.
Correctional officer J.Y. looked in the direction of the surveillance camera in the cell and said, “Cover the camera.” Officer C.S. then covered the camera with his hand. When the camera was covered, Griffin saw inmate R.T. sitting with his arms by his side. Correctional Officer J.Y. then repeatedly punched R.T. Griffin estimated that Officer J.Y. hit R.T. between 20-30 times. At some point, Officer J.Y. stopped hitting R.T., looked back at Officer T.P., and said, “Get you some.” Officer T.P. then stepped up and punched R.T. between four to five times.
During the assault by the officers, inmate R.T. sat on the bench and covered his face and head with his hands. Griffin knew that punching R.T. was unlawful, but he did not step in to stop it. Officers T.M., C.S., and C.M. were in a position to watch as J.Y. and T.P. punched inmate R.T., but none of them attempted to stop the officers from hitting R.T.
Griffin heard an officer in the cell ask for paper towels. Correctional Officer C.M. handed the towels to Griffin. Griffin wet them in the sink, and handed them to Officer C.S. Griffin knew when they wet the towels, they would be used to cover the camera. After R.T. was punched by J.Y. and T.P., Griffin observed that R.T. was bleeding.
After Officers J.Y. and T.P. stopped punching R.T., the inmate spit on Griffin’s chest and arm. Griffin punched R.T. multiple times. Griffin then left the cell.
Outside of the cell, Griffin spoke with T.P., J.Y., and Corporal T.M. Corporal T.M., who was the ranking officer, told the other officers that they should come up with a false cover story about what happened to R.T. Griffin understood that any subsequent discussion of the incident would not include that he and other officers had punched R.T.
Griffin admitted in today’s guilty plea that he violated 18 U.S.C. § 242 when he repeatedly punched and injured inmate R.T. without legal justification. The maximum penalty for this civil rights offense is 10 years imprisonment. Sentencing is set for Nov. 13.
This case was investigated by the Memphis Division of the FBI with the support of the Tennessee Department of Corrections, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant United States Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
Tenderloin Drug Dealer Sentenced to Three Years in PrisonRead the Press Release
SAN FRANCISCO – Luis Villarreal was sentenced to 36 months in federal prison and three years of supervised release for possessing with intent to distribute fentanyl, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Chris Nielsen. The sentence was handed down by the Honorable Edward M. Chen, United States District Judge.
Villarreal, 23, of San Francisco, pleaded guilty to the charge on May 8, 2019. According to the plea agreement, Villarreal admitted that on February 25, 2019, he was arrested on an outstanding warrant while outside the Bill Graham Civic Auditorium in the Tenderloin neighborhood of San Francisco. At the time of Villarreal’s arrest, San Francisco Police Department officers found him in possession of 160 individually wrapped baggies of fentanyl, 37 individually wrapped baggies of methamphetamine, 29 individual bindles of heroin, and 25 Zubsolv pills—a controlled substance that generally may not be possessed without a license or prescription. In the plea agreement, Villarreal admitted that he knowingly possessed and intended to distribute all of the recovered narcotics.
On March 21, 2019, a federal grand jury indicted Villarreal, charging him with one count of possession with intent to distribute fentanyl, one count of possession with intent to distribute heroin, and one count of possession with intent to distribute methamphetamine. Villarreal pleaded guilty to the fentanyl charge and the remaining charges were dismissed at sentencing.
Villarreal was taken into federal custody on March 28, 2019, and has remained in custody since that time. He will begin serving the sentence immediately.
Assistant United States Attorney Sloan Heffron is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the DEA and the San Francisco Police Department.
Storm Lake Man Sentenced to Federal Prison for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced August 9, 2019, to 6 years in federal prison.
James Gailey, 49, from Storm Lake, Iowa, received the prison term after pleading guilty to one count of child pornography on March 4, 2019.
At the plea hearing, Gailey admitted that in October 2017 he utilized a Dropbox account to receive child pornography. Gailey further admitted that in January 2018 he utilized a second Dropbox account to receive additional child pornography. Gailey also admitted that he received images and videos of sexual abuse or exploitation of victims as young as infants or toddlers. Evidence at sentencing further showed that Gailey’s offense involved over 600 images of child pornography.
Gailey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gailey was sentenced to 72 months’ imprisonment. He was ordered to make $18,000 in restitution. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Gailey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.” The case is being prosecuted by Assistant United States Attorney Mikala M. Steenholdt and was investigated by the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4065. Follow us on Twitter @USAO_NDIA.
Statement by United States Attorney William M. McSwain on the Shooting of Six Philadelphia Police OfficersRead the Press Release
What I witnessed last night was true heroism by the Philadelphia police. But the crisis was precipitated by a stunning disrespect for law enforcement – a disrespect so flagrant and so reckless that the suspect immediately opened fire on every single officer within shooting distance. Only by the grace of God did they survive.
Where does such disrespect come from?
There is a new culture of disrespect for law enforcement in this City that is promoted and championed by District Attorney Larry Krasner – and I am fed up with it.
It started with chants at the DA’s victory party – chants of “F*** the police” and “No good cops in a racist system.”
We’ve now endured over a year and a half of the worst kinds of slander against law enforcement – the DA routinely calls police and prosecutors corrupt and racist, even “war criminals” that he compares to Nazis.
This vile rhetoric puts our police in danger. It disgraces the Office of the District Attorney. And it harms the good people in the City of Philadelphia and rewards the wicked.
The alleged shooter last night, Maurice Hill, is a previously convicted felon with a long rap sheet. We have plenty of criminal laws in this City – but what we don’t have is robust enforcement by the District Attorney. Instead, among other things, we have diversionary programs for gun offenses, the routine downgrading of charges for violent crime, and entire sections of the criminal code that are ignored.
The criminal laws in this City – and especially the existing gun laws and drug laws – should be aggressively enforced in order to protect the public and the police. My Office is doing all that we can. We have prosecuted 70% more violent crime cases this year than we did last year, in response to the District Attorney’s lawlessness. But it is now time for the District Attorney and his enablers to stop making excuses for criminals. It is time for accountability. It is time to support law enforcement and to put the good people of this City first.
The U.S. Attorney’s Office, in conjunction with the Philadelphia police and our federal partners, is investigating the horrible events of last night and we are considering all options at our disposal. We will do everything that we can to support our brothers and sisters in the Philadelphia Police Department and ensure justice is done.
To the officers involved last night – those who were wounded and those who rushed to defend them – and to their families, I say thank you. The whole City thanks you. We owe you more than we can ever repay.
Shasta and Glenn County Residents Plead Guilty to Multimillion Dollar Embezzlement Scheme and Criminal Tax OffensesRead the Press Release
SACRAMENTO, Calif. — John A. Crosby, 56, of Redding; Ines S. Crosby, 76, of Orland; and Leslie A. Lohse, 64, of Glenn, pleaded guilty today to conspiracy to embezzle or steal from a tribal organization, as well as tax fraud and tax evasion offenses, Acting U.S. Attorney Phillip A. Talbert announced.
“The defendants used the Tribe’s accounts as their personal piggy banks,” said Kareem Carter, Special Agent in Charge, IRS Criminal Investigation. “For at least five years the defendants took more than $4.9 million of the Tribe’s money and intentionally failed to declare it as income to the IRS. This resulted in a tax loss of over $1.6 million.”
“This case sends a clear message that no one is above the law and tribal accounts cannot be used for personal gain, regardless of their perceived influence on the success of tribal business. These individuals diverted millions from tribal accounts-funds intended to help tribal members-- for extravagant, unapproved travel and personal luxuries,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “This case is a result of successful collaboration with IRS Criminal Investigation. The FBI is committed to working with our state, local and federal partners to conduct thorough investigations to ensure all who violate the law are held accountable for their actions.”
According to court documents, from approximately January 2009 through May 2014, the defendants took millions of dollars from the Paskenta Tribe of Nomlaki Indians without tribal or legal authority, taking advantage of their positions on the Tribal Counsel and in prominent leadership positions in the tribe. The defendants used this money to buy homes, vehicles, luxury vacations (including trips to Africa, South America, and Hawaii, as well as private and chartered jet travel), high-value entertainment (such as a trip to the World Series), familial expenses, and precious metals. John Crosby and Leslie Lohse did not declare these amounts on their respective tax returns as income, while Ines Crosby failed to file tax returns every year since at least 2010. All three individuals then took a series of steps to attempt to conceal their actions: they created a written employment agreement in 2014 that appeared to be from 2001 and authorized their use of funds, and then told federal investigators that the document was from 2001, knowing at the time that that was not true.
This case is the product of an investigation by the Internal Revenue Service Criminal Investigation and Federal Bureau of Investigation. Assistant U.S. Attorney Matthew M. Yelovich is prosecuting the case.
All three defendants are scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on Jan. 30, 2020. The defendants face a maximum statutory penalty of five years in prison and a $250,000 fine for the conspiracy count. John Crosby and Leslie Lohse face a statutory maximum of three years in prison and $100,000 fine for their respective tax fraud counts, and Ines Crosby faces a statutory maximum of one year in prison and a $25,000 fine for her failure to file count. 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.
Rockland County Man Sentenced for Transporting Illegal AliensRead the Press Release
ALBANY, NEW YORK – Raul Nolasco, age 46, of Nanuet, New York, was sentenced yesterday to time served (11 days in jail), followed by 1 year of supervised release and a fine of $4,000, for transporting illegal aliens within the United States for financial gain.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
On June 2-3, 2018, Nolasco drove to a spot near the border between the United States and Canada, and picked up illegal aliens on the United States side of the border. He intended to drive the illegal aliens to Long Beach, New York, and expected to be paid $400-$500 for doing so. However, Nolasco was stopped and arrested by Border Patrol before he could complete the trip. The illegal aliens, who are citizens of Honduras, plead guilty to the misdemeanor offense of improper entry by an alien and were sentenced on June 14, 2018 to time served.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Retired Cabell County Deputy Sheriff and Son Indicted on Drug and Gun ChargesRead the Press Release
1.2 Kilos of Fentanyl Seized
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that a federal grand jury sitting in Huntington has returned a six count superseding indictment charging Steven Dale McCallister, 45, and his father, Larry McCallister, 76, a retired Cabell County Deputy Sheriff, with various drug and gun crimes. Steven Dale McCallister was arrested on June 12, 2019, at the McCallister home in Barboursville following the execution of a search warrant on the residence. During the search, law enforcement officers seized approximately 1.2 kilograms of fentanyl, 300 grams of methamphetamine, over $8,000 in cash, $4,000 of which was from an earlier undercover purchase of fentanyl. A Smith and Wesson, Model 686, .357 revolver was also seized. Larry McCallister was at home and present during the search.
The superseding indictment charges Steven McCallister with distribution of fentanyl, possession with intent to distribute 400 grams or more of fentanyl, possession with intent to distribute 50 grams or more of methamphetamine, possession of a firearm in furtherance of drug trafficking and felon in possession of a firearm. If convicted on all counts, he faces a sentence of 10 years to life in prison. The indictment also seeks forfeiture of approximately $4,040 in U.S. Currency, the seized firearm and a 2007 Cadillac.
Larry McCallister is charged in the superseding indictment with maintaining a drug-involved premises and aiding and abetting the possession with intent to distribute methamphetamine. If convicted on all charges, he faces a sentence of 5 to 40 years in prison.
“This is a significant case on many levels and a substantial event for the greater Huntington region,” said United States Attorney Mike Stuart. “Had the fentanyl in this case hit the streets, potentially more than 750,000 people could have lost their lives to overdose. Massive quantities of fentanyl. Massive quantities of methamphetamine. And a gun. All of this incredibly heinous activity was based out of a normal house on a normal street in Barboursville. There was nothing special about this house in this typical neighborhood, in this All-American town, except that it was a haven for the poisons of death and the home of a retired Cabell County Deputy Sheriff.”
The investigation was conducted by members of the Metropolitan Drug Enforcement Network Team (MDENT), the U.S. Department of Homeland Security – Homeland Security Investigations (HSI), the Violent Crime and Drug Task Force West and the West Virginia State Police. Assistant United States Attorney R. Gregory McVey is prosecuting the case.
Please note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
SDWVNews and USAttyStuart
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Real Estate Investor Guilty of Bribing Philadelphia Sheriff’s Office Employee SentencedRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Behzad Sabagh, 37, of Philadelphia, Pennsylvania, was sentenced today to 1 month imprisonment, 9 months house arrest as part of 3 years supervised release, $30,000 fine and $100 special assessment plus costs of prosecution by United States District Judge Wendy Beetlestone. Sabagh pleaded guilty to one count of conspiracy to commit honest services wire fraud in April 2019.
Sabagh was a real estate investor who regularly purchased properties at City of Philadelphia Sheriff’s sales, which are the sales of real property subject to mortgage foreclosure, tax liens, and tax delinquency. From September 2012 to August 2013, Sabagh paid bribes to an employee in the Philadelphia Sheriff’s Office Real Estate Department to assist him with his business of purchasing properties.
The preferential treatment the employee provided Sabagh included sending him the list of properties that were actually going to sale as opposed to the publicly available list that contained properties that had been removed from the sale pool, working to get deeds for Sabagh’s properties faster than other buyers, and removing municipal liens and paying outstanding bills more quickly on Sabagh’s properties than on those of other buyers who were not providing bribes. The employee also granted extensions of the time to pay the balance that Sabagh owed to complete his purchase of properties, beyond the limits applicable to other buyers. Sabagh paid the employee hundreds of dollars in cash five or six times for this preferential treatment.
“The laws of the land apply to everyone – and certainly to public servants who are paid with public dollars and who are supposed to serve everyone equally,” said U.S. Attorney McSwain. “Every person doing business with the government should be on notice that federal law enforcement is watching and we will hold you accountable if you try to gain special favor by paying bribes to public employees.”
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation, and the City of Philadelphia Office of Inspector General, and is being prosecuted by Assistant United States Attorneys Sarah L. Grieb and Christopher Diviny.
Qui Tam Lawsuit and Federal Investigation Results in Settlement and $1.2 Million Payment by Baldwin Bone & Joint, P.C.Read the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Baldwin Bone & Joint, P.C. (BB&J), an orthopedic surgery and physical therapy practice located in Daphne, Alabama, has agreed to pay a total of $1.2 million to resolve a lawsuit alleging that it violated the False Claims Act. The settlement also resolves an allegation that BB&J violated the Physician Self-Referral Law, commonly referred to as the Stark Law.
“This settlement illustrates the United States Attorney’s Office’s commitment to investigate allegations of fraud and abuse of the Medicare and TRICARE programs,” said U.S. Attorney Richard W. Moore. “False claims against these taxpayer-funded programs harm the entire health care system, as does the improper compensation of physicians to incentivize potentially unnecessary care.”
The civil lawsuit was filed in the Southern District of Alabama by John Seddon, a former employee of BB&J, under the qui tam provisions of the False Claims Act, which permit private individuals to sue for false claims on behalf of the government and to share in any recovery. The lawsuit is captioned United States, ex rel. John Seddon, v. Baldwin Bone & Joint, P.C., et al., Case No. 15-00569-CG-M, and initiated a federal investigation into the allegations raised by Seddon’s complaint, culminating in the settlement. The Office of Inspector General of the U.S. Department of Health and Human Services and the Defense Criminal Investigative Service both participated in the investigation on behalf of the Medicare and TRICARE programs, respectively.
The qui tam lawsuit filed by Seddon alleged in part that BB&J violated the False Claim Act by billing Medicare and TRICARE for physical therapy services performed by unauthorized providers, including athletic trainers and an exercise physiologist, who are prohibited from billing these programs. The Stark Law allegations concerned BB&J’s direct compensation arrangements with its shareholder physicians, namely, that those arrangements violated the Stark Law because the compensation BB&J paid to its shareholder physicians directly or indirectly related to the volume of each shareholder physician’s referrals for designated health services such as physical therapy, X-rays and MRI’s.
“Providers who falsely bill Medicare for services they didn’t provide, as alleged in this case, not only harm their patients, they also hurt all beneficiaries who depend on Medicare funding to provide access to quality services,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to protect taxpayer dollars for these valuable programs.”Cynthia A. Bruce, Special Agent in Charge, Southeast Field Office, Defense Criminal Investigative Service added that "DCIS is dedicated to ensuring the integrity of the Department of Defense's Healthcare system. "Our agents will pursue companies who commit fraud and allow unqualified individuals to provide services to our military members and their families."
As a part of this settlement, Seddon will receive $200,000. BB&J cooperated with the United States’ investigation, and the settlement will result in the dismissal of the lawsuit. The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).This matter was investigated by the U.S. Attorney’s Office for the Southern District of Alabama, the Office of Inspector General for the U.S. Department of Health and Human Services, the Defense Criminal Investigative Service, and the Defense Health Agency Program Integrity Office.
The claims resolved by this settlement are allegations only; no determination of liability has been made.Providence Man Facing up to Life in Prison for Allegedly Trafficking Fentanyl and CocaineRead the Press Release
PROVIDENCE – A Providence man who allegedly sold nearly two kilograms of fentanyl and nearly 400 grams of heroin while under surveillance by members of the DEA Organized Crime Drug Enforcement Task Force was indicted by a federal grand jury on Tuesday on fentanyl and heroin trafficking charges.
If convicted, Josimar Delacruz-Reyes, 31, faces up to life in federal prison.
Delacruz-Reyes was arrested by members of the DEA task force on March 18, 2019, as he allegedly attempted to collect a cash payment of $115,000, after allegedly delivering nearly two kilograms of fentanyl and 400 grams of heroin. The fentanyl and heroin was seized by law enforcement.
On Tuesday, a federal grand jury returned an indictment charging Delacruz-Reyes with possession with intent to distribute 400 grams or more of fentanyl and possession with intent to distribute 100 grams or more of heroin, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division Brian D. Boyle.
According to information presented to the Court during Delacruz-Reyes’ initial appearance before U.S. District Court Magistrate Judge Patricia A. Sullivan on March 19, 2019, it is alleged that during mid and late February, DEA Task Force officers electronically monitored Delacruz-Reyes multiple times as he made deliveries of fentanyl. On March 18, 2019, DEA Task Force members electronically monitored Delacruz-Reyes as he allegedly delivered nearly two kilograms of fentanyl and approximately 400 grams of heroin for an agreed upon price of $115,000. Delacruz-Reyes was arrested shortly after the delivery, when he traveled to a nearby coffee shop where he was expecting to receive a cash payment for the drugs.
Each time members of the DEA task force monitored a delivery of drugs, the drugs were quickly seized by law enforcement.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
An arraignment date on the indictment has not been scheduled. Delacruz-Reyes has been detained in federal custody since his arrest and initial appearance in federal court in March.
Possession with intent to deliver 400 grams or more of fentanyl is punishable by statutory penalties of 10 years and up to life in federal prison; 5 years to lifetime supervised release; and a fine of up to $10,000,000. Possession with intent to deliver 100 grams or more of heroin is punishable by statutory penalties of 5 years and up to 40 years in federal prison; 4 years to lifetime supervised release; and a fine of up to $5,000,000.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The matter was investigated by the Boston-based DEA Organized Crime Drug Enforcement Task Force, with substantial assistance from law enforcement agents and officers assigned to the Rhode Island DEA Task Force and the Providence Police Department Narcotics and Organized Crime Bureau.
The Rhode Island DEA Drug Task Force is comprised of law enforcement personnel from DEA, Rhode Island State Police, and the East Providence, Central Falls, Coventry, Cranston, Newport, North Kingstown, Pawtucket, Providence, South Kingstown, Warwick, West Warwick and Woonsocket Police Departments.
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Pittsburgh Man Pleads Guilty in Scheme to Defraud Banks, Credit Card Companies and Individuals of $175KRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pa., pleaded guilty in federal court to charges of conspiracy to commit mail fraud, aggravated identity theft and conspiracy to commit bank fraud, United States Attorney Scott W. Brady announced today.
Joseph Naill, 41, pleaded guilty to the three felony counts before Senior United States District Court Judge Arthur Schwab.
In connection with the guilty plea, the court was advised that from December 23, 2016 until June 8, 2018, Naill and a coconspirator agreed to defraud banks, institutions and individuals, and to obtain money and property by false identifications and false representations. Their conspiracy produced approximately $175,000 in fraudulent proceeds.
As part of their conspiracy, Naill obtained and possessed personal identifying information, including names, home addresses, dates of birth, driver’s license numbers and social security numbers, of multiple real individuals. They then used this personal identifying information to open fraudulent credit card accounts in false names with financial institutions. Naill used the credit cards in the false names to conduct fraudulent transactions, including credit card cash advances, point of sale purchases and online purchases. These transactions caused losses to financial institutions in a combined amount of approximately $175,000.
On February 23, 2017, Naill, during his commission of mail fraud, knowingly possessed and used, without lawful authority, the means of identification of two victims, namely, the Pennsylvania driver’s license number ending in 6655 of a victim with the initials of J.W, as well as the residential address of a second victim who also has the initials, J.W.
From March 26, 2017, until April 12, 2017, Naill and a coconspirator knowingly and willfully conspired to commit bank fraud. It was a part of the conspiracy that on April 10, 2017, Joseph Naill created a false Pennsylvania driver’s license in the name of a victim with the initials, J.W., containing the date of birth of the victim, J.W., for use in the attempt to obtain a fraudulent loan from a federally insured financial institution.
Judge Schwab scheduled sentencing for December 16, 2019. Naill remains on bond pending sentencing. The law provides for a maximum total sentence of 50 years in prison and a fine of $1,250.000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The United States Department of Homeland Security, Homeland Security Investigations, and the United States Postal Inspection Service, conducted the investigation leading to the conviction in this case.
Pennsylvania man sentenced for role in a heroin distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Chad Juan M. Neal, of Duquesne, Pennsylvania, was sentenced today to 22 months incarceration for heroin distribution, United States Attorney Bill Powell announced.
Neal, also known as “CJ,” age 26, pled guilty to one count of “Conspiracy to Distribute Heroin” and one count of “Distribution of Heroin” in April 2019. Neal admitted to conspiring to distribute heroin in Harrison County, West Virginia and elsewhere from January 2016 to May 2016.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Greater Harrison Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Owners of Popular Thai Restaurant Group Plead Guilty in Scheme to use ‘Tax Zapper’ Software to Hide Cash Income and Reduce State & Federal TaxesRead the Press Release
Two owners of the popular ‘Bai Tong’ restaurant chain pleaded guilty Wednesday, August 14 in U.S. District Court in Seattle to a multi-year scheme to hide cash sales and reduce the taxes owed at the restaurant chain, announced U.S. Attorney Brian T. Moran. PORNCHAI CHAISEEHA, 41, and CHADILLADA LAPANGKURA, 40, both of Kent, Washington, pleaded guilty Wednesday to conspiracy to defraud the government by hiding more than $1 million in income. The two are scheduled for sentencing by U.S. District Judge James L. Robart on November 4, 2019.
According to records filed in the case, CHAISEEHA and LAPANGKURA were part owners of the chain that has Thai restaurants in Washington, Oregon, and Hawaii. Some of the restaurants operated under the name ‘Bai Tong,’ and some were called ‘Noi.’ The restaurants used a point-of-sale computer system that included a “cash suppression” or “Zapper” software program that modifies the sales records by removing cash sales from the business records. The two had the “Zapper” software operating at their Redmond and Tukwila, Washington, restaurants and at their Bend, Oregon, restaurant. The restaurants earned $1,034,750 in cash income that was never reported on state or federal tax returns, resulting in an agreed tax loss of $299,806. The pair also used the unreported cash to pay employees under the table, avoiding state and federal employment taxes. Finally, some of the cash proceeds were siphoned off to bank accounts in Thailand, and the existence of the accounts was not reported on their income tax returns.
The defendants have agreed to pay $299,806 in state and federal taxes as part of the criminal case. The IRS may also assess other taxes, penalties, and interest through its civil processes.
Prosecutors have agreed to recommend sentences of no more than two years in prison for LAPANGKURA and no more than 18 months in prison for CHAISEEHA. The Court is not bound by the recommendation. The sentence will be determined by the Court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI) and Homeland Security Investigations (HSI). The case is being prosecuted by Assistant United States Attorney Matthew Diggs.
Owner of Essex County-Based Medical Transportation Companies Pleads Guilty to Health Care FraudRead the Press Release
ALBANY, NEW YORK – Waqas Nauman, age 37, of Queensbury, New York, pled guilty today to defrauding Medicaid.
The announcement was made by:
- United States Attorney Grant C. Jaquith;
- New York State Police Superintendent Keith M. Corlett;
- James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);
- New York State Inspector General Letizia Tagliafierro; and
- Rensselaer County District Attorney Mary Pat Donnelly.
Today’s plea is the result of a state and federal investigation into Medicaid fraud committed by the owners and operators of medical transportation companies based in Essex County.
Nauman admitted to fraudulent Medicaid billing practices connected to two medical transportation companies he owned, Green Mountain Medical Transportation Inc. and Four Way Taxi, Inc. The other owner of these companies, Khurram Gondal, age 39, of Ticonderoga, New York, pled guilty to health care fraud on July 9, 2019. They have each admitted that between 2015 and May 2018, they fraudulently billed Medicaid for medical transportation trips where Medicaid beneficiaries drove themselves to their own medical appointments.
Nauman and Gondal each face up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years, when they are sentenced by Senior United States District Judge Thomas J. McAvoy. 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. Nauman has agreed to pay $55,000 in restitution, and Gondal has agreed to pay an additional $60,000 in restitution.
The federal charges were investigated by the FBI and the New York State Police’s Special Investigations Unit in Albany, and are being prosecuted by Assistant U.S. Attorney Michael Barnett.
Parallel state charges are being investigated by the New York State Police’s Special Investigations Unit, as well as the Office of the New York State Inspector General, and are being prosecuted by Rensselaer County Chief Assistant District Attorney Matthew Hauf as Special Prosecutor.
Several additional agencies assisted in this investigation, including the Essex County District Attorney’s Office; New York State Police-Troop B; the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.
Northfield Woman Pleads Guilty to Drug Trafficking Conspiracy ChargeRead the Press Release
CONCORD – Kristina Blake, 29, of Northfield, pleaded guilty in federal court to participating in a conspiracy to distribute methamphetamine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on September 19, 2018 law enforcement officers encountered Blake and Daniel Irving in a vehicle near a convenience store in Concord, New Hampshire. Officers seized from the vehicle more than five grams of methamphetamine and two firearms. In addition, drug paraphernalia, including a glass mirror, digital scale, a ledger, syringes and plastic baggies were seized.
Blake is scheduled to be sentenced on November 21, 2019. Irving previously pleaded guilty on July 1, 2019 and is scheduled to be sentenced on October 10, 2019.
“The distribution of methamphetamine puts public health and safety at great risk,” said U.S. Attorney Murray. “This is a dangerous drug that should be recognized as a rising threat to our community. In order to deter traffickers, we will work closely with our law enforcement partners to identify, arrest, and prosecute those who are responsible for its sale.”
“New Hampshire is being ravaged by a steady influx of illegal and deadly drugs, and today Ms. Blake is finally owning up to her role in contributing to the problem,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will continue to work with our law enforcement partners to aggressively identify and bring to justice those who threaten the health and safety of our neighborhoods.”
This matter was investigated by the Federal Bureau of Investigation and the Concord Police Department. The case is being prosecuted by Assistant U.S. Attorney John S. Davis.
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North Tonawanda Man Sentenced to 12 Years in Prison After Officers Find 30 Kilograms of Cocaine in His CarRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Edgar Joel Jimenez-Rodriguez, 40, of North Tonawanda, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 144 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between October 2017 and July 19, 2018, the defendant conspired with Jose Garcia-Santiago, Katherine Dejesus-Gonzalez, and others, to distribute cocaine. On July 19, 2018, the defendant picked up a Mercury Mariner containing 30 kilograms of cocaine, which was intended for distribution in the Western New York area. Law enforcement stopped the vehicle and arrested the defendant.
Previously, beginning in May 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirators Garcia-Santiago and DeJesus-Gonzalez, whom the defendant supervised. On May 26, 2018, law enforcement officers stopped a vehicle, driven by Garcia-Santiago with DeJesus-Gonzalez as the passenger, and found five kilograms of cocaine which defendant had previously directed them to pick up from the New York City area for distribution locally.
Prior to that, in September 2017, the U.S. Postal Service intercepted packages containing approximately five kilograms of cocaine which had arrived from Puerto Rico and, though addressed to various residences in Niagara Falls, were ultimately destined to defendant and his co-conspirators.
Jose Garcia-Santiago was previously convicted and is awaiting sentencing. Charges remain pending against Katherine Dejesus-Gonzalez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.
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New Hampshire Man Sentenced for Trafficking in Protected WildlifeRead the Press Release
BOSTON - A New Hampshire man was sentenced today in federal court in Boston for illegally trafficking live water monitor lizards from the Philippines.
Derrick Semedo, 26, of Nashua, N.H., was sentenced by Senior U.S. District Court Judge Douglas P. Woodlock to two years of probation and 120 hours of community service. In April 2019, Semedo pleaded guilty to one count of trafficking in monitor lizards that were exported illegally from the Philippines.
Semedo admitted to illegally importing more than 20 live water monitor lizards from the Philippines between March and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by United States customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed in the back panels of audio speakers or other electronic equipment. The equipment was then shipped via commercial carriers to Semedo in Massachusetts. The customs declarations accompanying the shipments identified their contents as audio speakers or similar electronics.
As part of his plea, Semedo admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated United States law. Semedo also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and New Hampshire.
United States Attorney Andrew E. Lelling; Assistant Attorney General Jeffrey Bossert Clark, of the Department of Justice’s Environmental and Natural Resources Division; and Ryan Noel, Special Agent in Charge of the U.S. Fish & Wildlife Service’s Region Five office, made the announcement today. The Philippines’ National Bureau of Investigations provided valuable assistance with the investigation. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Criminal Division and Trial Attorneys Gary Donner and Erica Pencak of the Justice Department’s Environmental and Natural Resources Division prosecuted the case.
Nashua Man Pleads Guilty to Drug Trafficking ConspiracyRead the Press Release
CONCORD - Donald Johnson, 34, of Nashua, pleaded guilty in federal court to participating in a drug trafficking conspiracy on August 14, 2019, United States Attorney Scott W. Murray announced.
According to court documents and statements made in court, Johnson was involved with a drug trafficking organization that distributed crack cocaine and other drugs to various customers in the Nashua, New Hampshire area. Johnson purchased crack cocaine from the organization and re-sold it to his own customers. He also assisted other members of the organization with their distribution activities by, among other things, allowing them to use his residence to meet customers.
Johnson is scheduled to be sentenced on November 19, 2019.
“Drug trafficking is a serious ongoing detriment to public health and safety,” said U.S. Attorney Murray. “Stopping the distribution of crack cocaine and other illegal drugs is a top priority for law enforcement. We will continue to partner with the FBI and other federal, state, and local law enforcement agencies to identify, arrest, and prosecute those who are responsible for distributing drugs in the Granite State.”
“Today’s guilty plea is significant and highlights the FBI’s collaboration with our law enforcement partners in disrupting drug trafficking organizations operating here in the Granite State. Drug traffickers have no place in our community, and we will continue to aggressively investigate criminal organizations like this one that target our neighborhoods with their drug-related violent activity to ensure they are held accountable,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
This matter was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorneys Georgiana Konesky and Anna Krasinski.
This case was supported 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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Navajo Man from Coyote Canyon Sentenced to 18 Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Harold Lee Redhouse, Jr., 29, an enrolled member of the Navajo Nation from Coyote Canyon, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 years of imprisonment for sexually abusing two children under the age of 12 years. Redhouse will be on supervised release for ten years after completing his prison sentence. He also will be required to register as a sex offender.
The FBI arrested Redhouse in Jan. 2018, on a criminal complaint following an investigation that was initiated in summer 2017, based on a referral from the Navajo Nation Division of Social Services, which reported allegations that Redhouse had sexually abused two children under the age of 12 years.
In Feb. 2019, Redhouse pled to a felony information charging him with two counts of abusive sexual contact. In his plea agreement, Redhouse admitted to sexually abusing two minors under the age of 12 years in locations within the Navajo Indian Reservation in McKinley County, N.M. Redhouse admitted to abusing one victim between June 2008 and June 2009, and the second victim in May 2017.
The case was investigated by the Gallup office of the FBI with assistance from the Navajo Nation Division of Social Services. Assistant U.S. Attorney Elisa C. Dimas prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
Middlesex County Man Charged with Securities Fraud and Aggravated Identity TheftRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, man was indicted today by a federal grand jury for running a multi-year investment fraud scheme that caused millions of dollars of losses, Attorney for the United States Rachael A. Honig announced.
Sandy John Masselli, 57, of Old Bridge, New Jersey, is charged in a superseding indictment with one count of bank fraud, two counts of wire fraud, two counts of securities fraud and one count of aggravated identity theft. Masselli was originally indicted on two counts of bank fraud and three counts of wire fraud on September 19, 2018.
According to the documents filed in this case:
From September 2011 through October 2017, Masselli solicited millions of dollars in investments from retail investors by fraudulently touting the prospect of his online gaming company, Carlyle Entertainment Ltd., formerly Carlyle Gaming & Entertainment Ltd. (Carlyle), to conduct a lucrative initial public offering (IPO) of its stock on either the NASDAQ or the New York Stock Exchange (NYSE). Masselli induced investors to purchase shares of Carlyle stock by promising them steeply discounted prices in advance of the purported IPO and assuring them that the stock price would increase significantly after the IPO. Masselli further represented that the IPO would occur within weeks of the investors’ stock purchases.
However, as Masselli knew, Carlyle was not prepared to conduct an IPO, given that neither Masselli nor anyone else on behalf of Carlyle ever filed an application with the NASDAQ or the NYSE to list Carlyle stock on either exchange, or filed with the Securities and Exchange Commission (SEC) a registration statement to list Carlyle shares on a national exchange. Masselli further misrepresented to the investors how he would use their investments, for example telling them that he would allocate investment funds toward improving Carlyle’s online platform and paying legal fees in connection with preparing Carlyle for a looming IPO. Contrary to these claims, however, Masselli misappropriated these funds to pay for his and his family’s own personal expenses.
Within days or weeks of receiving investor funds, Masselli deposited the monies into bank accounts he controlled, many of which were opened under names of fictitious corporate entities in an effort to conceal the source of the funds. Masselli typically used the funds to pay for personal expenses, including paying credit card balances and financing or leasing luxury automobiles.
Masselli also opened a credit card account under the assumed identity of another person, without that person’s authorization, made purchases with the account until he had almost reached or exceeded the credit limit, and then purported to send payments from a bank account that he knew did not have sufficient funds to cover the purchases. Before the fraudulent payments were rejected for insufficient funds, the credit card company temporarily credited the fraudulently opened account based on those payments, providing Masselli access to additional credit and allowing him to continue to make purchases. Masselli ultimately failed to pay the balance and the credit card company sustained a loss.
The bank fraud counts each carry a maximum potential penalty of 30 years in prison and a $1 million fine. The wire fraud counts each carry a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The securities fraud counts each carry a maximum potential penalty of 20 years in prison and a $5 million fine. The aggravated identity theft count carries a mandatory sentence of two years in prison that must run consecutively to the sentence imposed for any other count.
Attorney for the United States Honig credited special agents of the FBI, under the direction of Special Agent in Gregory W. Ehrie in Newark, with the investigation leading to today’s superseding indictment.
The government is represented by Assistant U.S. Attorney Eric A. Boden of U.S. Attorney’s Office in Trenton.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Mexican Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Twice in 2017Read the Press Release
A man who illegally returned to the United States after being deported was sentenced today to 24 months in federal prison.
Sergio Sanchez-Juarez, age 32, a citizen of Mexico illegally present in the United States and residing in Hiawatha, Iowa, received the prison term after a March 19, 2019, guilty plea to one count of illegal reentry into the United States after having been convicted of a felony.
At the guilty plea, Sanchez-Juarez admitted he had previously been deported from the United States in September 2017 and November 2017 and illegally reentered the United States without the permission of the United States government. Sanchez-Juarez has illegally entered the United States at least six times. Sanchez-Juarez was deported after being convicted in September 2017 of Operating While Intoxicated (OWI), third offense, a felony. Sanchez-Juarez also has prior convictions in Linn County, Iowa, in January 2011 and June 2014 for OWI. Sanchez-Juarez was found by immigration agents in November 2018 after he was charged in Linn County, Iowa, with OWI. He was convicted of this fourth OWI offense in February 2019. Sanchez-Juarez was also deported to Mexico in February 2007 and July 2014.
Sanchez-Juarez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sanchez-Juarez was sentenced to 24 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Sanchez-Juarez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-25.
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Maryland Woman Indicted for FraudRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment on August 15, 2019, charging a resident of Port Deposit, Maryland with one count of wire fraud.
According to the indictment, Kimberly Sponaugle, 41, engaged in a scheme to defraud her former employer, a Newark, Delaware business referenced as Company A in the indictment. Sponaugle, who was the business’s office manager from 2005 – 2010 and the business’s director from 2010 through her termination in 2018, used a corporate credit card to make approximately $322,652.00 in unauthorized, personal purchases from January of 2012, through March of 2018. Sponaugle used funds from the business’s bank account to pay corporate credit card bills associated with those personal purchases and hid her fraud by making false entries in the business’s financial accounting system. Through this scheme, Sponaugle used the business’s funds without authorization to purchase, among other items, vacations, jewelry, and limousine services, as well as to make personal charitable contributions using the corporate credit card.
If convicted of wire fraud, Sponaugle faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, made the announcement and gave the following comment: “The defendant abused her employers’ trust and repeatedly diverted corporate funds for her own personal use through a years-long scheme. My office is committed to investigating and prosecuting fraudulent conduct, like the defendant’s, that hurts Delaware businesses.”
The case was investigated by the FBI Baltimore Division’s Wilmington Office and the Delaware State Police and is being prosecuted by Assistant U.S. Attorney Carly A. Hudson.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Maryland Man Pleads Guilty to Federal Charges Relating to the Armed Robbery of A Delivery ManRead the Press Release
Greenbelt, Maryland – Tataw Ayuk-Arrey Obenson, age 21, of Burtonsville, Maryland, pleaded guilty on August 14, 2019, to interference with interstate commerce by robbery; and brandishing a firearm during and in relation to a crime of violence
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
According to his plea agreement, on April 22, 2018, Tataw Ayuk-Arrey Obenson committed the armed robbery of a delivery driver with co-conspirator Wakeene William Graham. That evening, while at a residence in Burtonsville, Graham used an application on his cellular phone to place an order for food to be delivered to another residence within walking distance.
Shortly before the food arrived, Obenson and Graham arrived at the residence where the food was to be delivered. Graham hid on the side of a row of townhouses, while Obenson waited at the front of the residence. The driver arrived at 9:45 p.m. and met Obenson in front of the home. Obenson accepted the food from the delivery driver while Graham approached his side and pointed a pistol at him. Obenson and Graham robbed the driver of his telephone and approximately $170, then ran away in different directions, discarding the victim’s telephone in woods nearby.
On May 22, 2018, Obenson was arrested and confessed to committing the armed robbery of the driver. Graham was arrested a few days later. Law enforcement searched Graham and recovered a loaded, semi-automatic pistol concealed in his groin area; a bag of ammunition from Graham's right rear pants pocket; and a cellular telephone. A search warrant was obtained for Graham's phone, which revealed a screen shot from the date of the robbery, featuring the application software and the phone number that was used to place the delivery order that led to the armed robbery, along with multiple photographs of Graham possessing the handgun.
Obenson and the government have agreed that, if the Court accepts the plea agreement, Obenson will be sentenced to seven years and a day in federal prison. U.S. District Judge George J. Hazel has scheduled sentencing for November 27, 2019 at 10:00 a.m.
Graham previously pleaded guilty to the same charges and was sentenced to 104 months in federal prison.
United States Attorney Robert K. Hur commended ATF for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Timothy F. Hagan, Jr., who is prosecuting the case.
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Mansfield physician indicted; alleged to have illegally prescribed tens of thousands of doses of painkillers and other drugsRead the Press Release
A Mansfield physician was indicted in federal court for allegedly leading a conspiracy in which he is accused of illegally prescribing tens of thousands of doses of painkillers and other controlled substances, including oxycodone, hydrocodone, methadone and fentanyl, and providing them to another man who sold the drugs.
Gary Frantz, 67, and Christopher Fulk, 42, both of Mansfield, are charged with conspiracy to distribute controlled substances, distribution of controlled substances, distribution of oxycodone and hydrocodone, and other charges.
According to the 242-count indictment filed in U.S. District Court:
Frantz was a physician who illegally distributed tens of thousands of doses of prescription painkillers – primarily oxycodone, hydrocodone, methadone and fentanyl – from his medical offices in Mansfield between 2005 and June 8, 2017, according to the allegations in the indictment.
According to the allegations in the indictment, Frantz prescribed drugs to customers that he described as “patients” outside the usual course of professional practice and not for a legitimate medical purpose. Frantz distributed multiple prescriptions for large quantities of high doses of oxycodone pills, including 80 mg and 30 mg OxyContin pills to “patients” each month, as well as prescriptions for fentanyl, according to the indictment.
Fulk was one of Frantz’s “patients.” Fulk is alleged to have received tens of thousands of oxycodone pills from Frantz. Fulk, between 2008 and 2018, distributed oxycodone pills and fentanyl patches he received from Frantz, according to the allegations in the indictment. Over the course of that time period, the indictment alleges that Fulk was regularly issued prescriptions from Frantz that allowed daily amounts of over sixty 30 mg oxycodone pills, over ten 5 mg methadone pills, and other drugs, including fentanyl patches and 80 mg oxycodone pills.
Fulk then sold thousands of oxycodone pills and hundreds of fentanyl patches he received from Frantz to various customers in the Mansfield area, according to the indictment.
The indictment details how Frantz allegedly distributed fraudulent prescriptions for tens of thousands of 30 mg oxycodone pills, 80 mg oxycodone pills and hundreds of fentanyl patches between 2012 and 2017.
“The healthcare profession is a critical ally in our nation’s fight against the opioid epidemic,” U.S. Attorney Justin Herdman said. “Where we see departures from responsible care that leads to addiction, abuse, and diversion, we will use every enforcement tool available to us, including like in this case, criminal prosecution.”
“Medical professionals, especially doctors, serve a vital function in preventing the illegal diversion of opioid medication,” said Drug Enforcement Administration Acting Special Agent in Charge Keith Martin, Detroit Division. “This indictment, and others like it around the country, demonstrate our commitment to prosecuting licensed professionals who flood communities with addictive legal drugs for their own personal benefit.”
METRICH Director Joseph Petrycki said: “The closure of this lengthy and time-consuming investigation highlights the collaborative efforts between METRICH, the DEA and the United States Attorney’s Office for the Northern District of Ohio. We as a group are committed to holding accountable those individuals who continue to contribute to this epidemic we face in the State of Ohio.”
“These types of investigations are very complex and time consuming for investigators,” said Mansfield Police Chief Keith Porch. “I appreciate their hard work and dedication in halting any offender’s actions of polluting our community with dangerous drugs.”
If convicted, the defendant’s sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the DEA, METRICH Drug Task Force and the Mansfield Police Department. It is being prosecuted by Assistant U.S. Attorney Margaret Sweeney and U.S. Attorney Justin Herdman.
A copy of the indictment is available here.
Mandeville Resident and Former Department of Energy Contractor Pleads Guilty to Accessing Government Computer System without Authorization and Recklessly Causing over $23,000 Worth of DamageRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that GARY PETER SIMON, JR., age 56, a resident of Mandeville, Louisiana, pleaded guilty on August 13, 2019 before United States District Judge Greg G. Guidry to a one-count bill of information charging him with intentionally accessing a protected computer without authorization and recklessly causing damage resulting in loss of more than $5,000 during one year, in violation of 18 U.S.C. '' 1030(a)(5)(B) and 1030(c)(4)(A).
According to court documents, The Strategic Petroleum Reserve Office (SPRO) was a component of the Department of Energy (DOE) that was responsible for, among other things, overseeing and maintaining the readiness of the United States’ stockpile of emergency crude oil, which was stored along the coastline of the Gulf of Mexico. DOE SPRO operated a restricted cloud-based computer system to handle a variety of functions, including documenting daily activity. SIMON, who was employed as a contractor for DOE SPRO from September 2007 until August 2018, worked in the Emergency Management Directorate and was responsible for, among other things, IT management of SPRO network applications. He was one of two individuals who knew the username and password of the Administrative Account.
After SIMON resigned from his contracting agency in about August 2018, he was no longer authorized to access the DOE SPRO computer systems. Nevertheless, on about October 21, 2018, SIMON intentionally accessed the DOE SPRO cloud-based system remotely without authorization. After SIMON accessed the system, he altered and deleted various files. As a result of the intrusion and subsequent manipulation of protected data, operators were unable to access their log views on the computer system, and they could not annotate work they completed electronically. The computer system remained compromised for approximately 2-3 hours after the discovery of the unauthorized access. Thereafter, SIMON used the account of a current SPRO employee without that employee’s authorization, to make changes to log views and to attempt to delete audit log files. SIMON’S actions resulted in loss to the DOE in the form of costs associated with responding to the offense, conducting a damage assessment, and restoring data, program, system, and information to its pre-offense condition, in the amount of approximately $23,200.
SIMON faces a maximum term of five (5) years in prison, a fine of up to $250,000.00, up to three (3) years of supervised release after imprisonment, and a mandatory $100 special assessment. Sentencing before Judge Guidry has been scheduled for November 11, 2019.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg, supervisor of the Public Corruption Unit, is in charge of the prosecution.
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Manchester Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD – Enrique Perez, 58, of Manchester, pleaded guilty in federal court to possession of fentanyl with intent to distribute on August 13, 2019, United States Attorney Scott W. Murray announced.
According to court documents and statements made in court, on May 21, 2018, an undercover law enforcement officer placed a call to Perez and made arrangements to purchase fentanyl. The undercover officer met Perez in a parking lot on Manchester Street and purchased fentanyl from him.
On February 12, 2019, Perez was arrested after being stopped at a 7-Eleven in Manchester.
Perez is scheduled to be sentenced on November 19, 2019.
“The illegal distribution of fentanyl is a menace to the citizens of New Hampshire,” said U.S. Attorney Murray. “Through Operation S.O.S., the U.S. Attorney’s Office is working closely with our law enforcement partners in Hillsborough County to identify and prosecute those who distribute this deadly drug.”
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
This matter was investigated by the New Hampshire State Police with assistance from the Manchester Police Department and Immigration and Customs Enforcement’s Homeland Security Investigations. The case is being prosecuted by assistant U.S. Attorney Joachim H. Barth.
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Manchester Man Pleads Guilty to Drug TraffickingRead the Press Release
CONCORD – Doniel Sackey, 37, of Manchester, pleaded guilty in United States District Court yesterday to possession of fentanyl and crack cocaine with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on August 20, 2018, Manchester Special Investigation Unit, placed a call to Sackey and made arrangements to pick up “1 up and 1 down” (crack and fentanyl/heroin). An undercover officer met Sackey on Granite Street in Manchester and purchased both drugs from the defendant.
Sackey was arrested on January 10, 2019.
Sackey is scheduled to be sentenced on November 21, 2019.
“Through our S.O.S. partnership with the Manchester Police Department, we will continue to bring federal charges against those who are distributing deadly drugs in the Queen City,” said U.S. Attorney Murray. “Those who choose to engage in drug trafficking in Manchester should understand that they will be prosecuted in federal court and will be subject to federal penalties for the sale of illegal drugs.”
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
This matter was investigated by the Manchester Police Department, Special Investigation Unit. The case is being prosecuted by Assistant U.S. Attorney Joachim H. Barth.
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Man Sentenced to Prison for Production of Child PornographyRead the Press Release
RICHMOND, Va. – A New Orleans man was sentenced today to more than 24 years in prison for production of child pornography.
According to court documents, Alexander Witt, 30, sexually abused two minors and produced video and pictures of that abuse. Witt engaged in sexual acts with Minor 1 when Minor 1 was approximately 11 or 12 years old. This abuse involved taking nude pictures of Minor 1 and filming himself engaging in sexual acts with Minor 1. Additionally, Witt sexually abused a second minor by engaging in sexual acts and produced images and video of that abuse.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the 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.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Heather M. Mansfield and Special Assistant U.S. Attorney Samuel Eugene Fishel prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-05.
Man Sentenced to 382 Months in Prison for Firing on Federal AgentsRead the Press Release
A man who fired shots at FBI agents attempting to arrest him in Delaware County on Oct. 1, 2018, was sentenced today in U.S. District Court, announced U.S. Attorney Trent Shores.
U.S. District Judge Claire V. Eagan sentenced Brian Kirk Marshall, 50, of Pattonsburg, Missouri, to 382 months in federal prison to be followed by five years of supervised release. Marshall pleaded guilty on June 5, 2019, to assaulting federal officers, obstruction of justice by attempting to kill witnesses, and carrying, using and discharging a firearm during and in relation to a crime of violence.
“As is evident from the headlines of the last few days, the men and women of law enforcement face life and death situations every day. There are ever-present threats to their safety and security. Defendant Brian Marshall was one of those threats. Not only did he have a history of threatening law enforcement via the internet, but Marshall picked up a gun and fired at FBI special agents attempting to arrest him in northeastern Oklahoma," said U.S. Attorney Shores. "You don’t do that in this district nor anywhere else without serious consequences. I am pleased with the substantial and lengthy prison sentence handed down today by United States District Court Judge Eagan. To the men and women of law enforcement who keep crime at bay in northeastern Oklahoma, thank you for all that you do to serve and protect our community. The United States Attorney’s Office has zero tolerance for threats and violent acts against law enforcement.”
During his plea hearing, Marshall admitted to firing shots at FBI agents after the FBI SWAT Team had appropriately identified themselves and attempted to call all occupants safely out of the residence. The FBI returned fire in accordance with protocol, resulting in Marshall surrendering to authorities. In total, Marshall admitted to firing eight rounds at FBI agents. At the time of the incident, the FBI was attempting to execute a federal search warrant for Marshall’s Delaware County residence; as well as an arrest warrant for interstate communication of threats Marshall allegedly made, in which he threatened to kill police officers.
Marshall remains in custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
The FBI is the investigative agency. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma
MEDIA ADVISORY: United States Attorney Mike Stuart to Hold Press Conference Today in Huntington Regarding IndictmentRead the Press Release
CHARLESTON, W.Va. –Mike Stuart, United States Attorney for the Southern District of West Virginia, joined by federal, state and local law enforcement officials, will hold a press conference in Huntington today -- Thursday, August 15, 2019 at 4:00 p.m. -- regarding an indictment.
Where: Sidney L. Christie Federal Building
845 Fifth Avenue
Huntington, WV
When: Thursday, August 15, 2019 @ 4:00 p.m.
Follow us on Twitter: SDWVNews
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Long Island Man Convicted of Trafficking Narcotics in South BrooklynRead the Press Release
Earlier today, following a two-week trial, a federal jury in Brooklyn returned a guilty verdict against Rafael Antonio Fabian for conspiring to distribute and possess with intent to distribute narcotics, specifically crack cocaine. When sentenced by United States Chief District Court Judge Dora L. Irizarry, the defendant faces a mandatory minimum sentence of 10 years in prison and a maximum of life imprisonment. Chief Judge Irizarry ordered the defendant remanded.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, announced the verdict.
“With today’s verdict and the previous guilty pleas of his co-conspirators, Fabian’s poison-pushing drug trafficking operation has been dismantled,” stated United States Attorney Donoghue. “Together with our law enforcement partners, this Office will be unrelenting in pursuing networks like Fabian’s that imperil our communities.” Mr. Donoghue expressed his grateful appreciation to the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department for their assistance during the investigation.
“This conviction sends a message that law enforcement is committed to putting traffickers in jail and taking drugs off the streets,” stated DEA Special Agent-in-Charge Donovan. "I commend the New York Drug Enforcement Task Force and the Eastern District of New York on their diligent work."
As proven at trial, between January 2014 and March 2016, Fabian conspired with others to supply drug dealers in the Sunset Park and Bay Ridge neighborhoods of Brooklyn, and elsewhere. Fabian, who referred to himself using the aliases “Calvo,” “Rafaelito” and “Alofoke Music,” supplied co-conspirators with Blackberry phones that he believed to be secure because the messages were encrypted. The evidence at trial included testimony from co-conspirators, narcotics seizures, ledgers containing the names of drug customers and transactions, and more than 50 pages of messages from Blackberry phones seized from co-conspirators detailing their drug trafficking activity.
Fabian and his co-conspirators maintained a stash apartment in Sunset Park and employed a crew of runners to deliver the narcotics. When making deliveries himself, Fabian drove several vehicles including an Audi sedan equipped with a secret trap compartment in the glove box to hide the drugs inside.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Drew G. Rolle and James P. McDonald are in charge of the prosecution.
The Defendant:
RAFAEL ANTONIO FABIAN (also known as “Rafaelito” and “Calvo”)
Age: 43
Baldwin, New YorkE.D.N.Y. Docket No. 16-CR-131 (S-1) (DLI)
Lawrence Resident Charged with Sexually Exploiting ChildrenRead the Press Release
BOSTON - A Lawrence resident was arrested last night and charged today in federal court in Boston with sexually exploiting a 4-year-old.
Jakob Nieves, who also goes by Dakota, 19, was charged with one count of sexual exploitation of children and one count of distribution of child pornography. Nieves appeared in federal court in Boston today and was ordered detained pending a detention hearing scheduled for Tuesday, Aug. 20, 2019.
According to the charging document, as part of an investigation into the use of Kik messenger for the trade of child pornography, a federal agent, acting in an undercover capacity, allegedly communicated with Nieves via Kik. In the course of those communications, Nieves sent the undercover agent images and videos that she produced that depict her sexually abusing a child.
It is alleged that when law enforcement executed a search warrant at Nieves’ home on Aug. 14, 2019, she admitted to distributing images and videos of child pornography to a user she “met” in a Kik group geared toward individuals interested in pedophilia.
The charge of sexual exploitation of children provides for a minimum mandatory sentence of 15 years and no greater than 30 years in prison. The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. Each charge provides for a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Coordinator and member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lake Charles man pleads guilty for possessing a stolen firearm at a casinoRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced today that Jeremy Rankins, 28, of Lake Charles, pleaded guilty before U.S. District Judge James D. Cain Jr. for possessing a stolen firearm at a casino.
According to the guilty plea, the Calcasieu Parish Sheriff’s Office responded to a complaint on May 19, 2018, of an attempted armed robbery with a firearm and an attempted carjacking at a Lake Charles casino. Upon arrival, officers came in contact with Rankins, who had already been detained by the casino’s security officers. Deputies also spoke with the 61-year-old victim, who stated that she was in her car at around 4 a.m. when Rankins sat in the passenger seat brandishing a firearm and demanding money. She denied having any money, at which point he demanded the keys to her car. The hotel security later detained Rankins, and while he was being questioned, a witness discovered the loaded 9 mm Ruger handgun he used on the ground under a truck tire. The investigation revealed that the handgun was stolen on May 17, 2018, from a vehicle parked in the casino’s parking garage.
Rankins faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for November 14, 2019.
The ATF and Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Daniel J. Vermaelen is prosecuting the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Lake Charles man pleads guilty for lying on paperwork to buy a firearm at a pawn shopRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced today that Darrien Lamont Rogers, 23, of Lake Charles, pleaded guilty before U.S. District Judge James D. Cain Jr. for hiding his criminal background on gun purchase paperwork.
According to the guilty plea, Rogers attempted to purchase a Taurus, Model PT 111, 9 mm semi-automatic pistol on March 4, 2019, at a pawn shop in Lake Charles. He lied on an ATF Form 4473 by indicating that he had no felony convictions. Rogers pleaded guilty to one count of simple burglary on September 27, 2018, in the 14th Judicial District Court. Because of the conviction, Rogers is prohibited from purchasing or possessing a firearm.
Rogers faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for November 14 2019.
The ATF conducted the investigation. Assistant U.S. Attorney Daniel J. Vermaelen is prosecuting the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Jamestown Man Pleads Guilty to Gun Conspiracy Charge and Possession of CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Craig Anderson, 29, of Jamestown, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to transfer firearms purchased outside of state of residency, and possession with intent to distribute cocaine. The charges carry a maximum penalty of 20 years, and a $1,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who are handling the case, stated that between December 2017 and March 23, 2018, the defendant, who was engaged in narcotics trafficking, conspired with Robert Lincoln to transport firearms from Pennsylvania to New York. At the direction of Anderson, Lincoln made straw purchases of firearms in Pennsylvania in his own name. The firearms were then transported to New York. Lincoln purchased three rifles and a shotgun for Anderson.
On March 9, 2018, during the execution of a state search warrant at the defendant’s residence on Willard Street Extension in Ellicott, law enforcement officers recovered approximately 62 grams of cocaine, a digital scale, and small baggies. Officers also seized the four firearms purchased by Robert Lincoln, as well as 11 other firearms. Anderson admitted the firearms were used in connection with his drug trafficking activities.
Robert Lincoln was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Ellicott Police Department, under the direction of Chief William L. Ohnmeiss, Jr.
Sentencing is scheduled for November 21, 2019, at 11:00 a.m. before Judge Geraci.
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