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13 August 2019
Cartel-connected illegal alien drug trafficker and associate sentenced to federal prisonRead the Press Release
WAYCROSS, GA: Two drug traffickers, including an illegal alien with ties to a Mexican drug cartel, will spend more than a decade in federal prison after sentencing in a methamphetamine conspiracy.
Ricardo Santana-Hernandez, a/k/a “Richard Hernandez,” a/k/a “Armond,” a/k/a “Armani,” 32, of C’daltimairano, Guerroro, Mexico, was sentenced to 135 months in prison, and Ryon Bland, 32, of Douglas, Ga., was sentenced to 110 months in prison by U.S. District Judge Lisa Godbey Wood, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Both were sentenced for conspiring to possess with intent to distribute large quantities of crystal methamphetamine. After completion of their sentences, Santana-Hernadez will be deported, and Bland will be placed on court-supervised release for three years. There is no parole in the federal system.
Santana-Herndandez, Bland and nine other conspirators pled guilty after their indictment by a federal grand jury in October 2018 for drug trafficking and firearms-related offenses.
According to court filings and testimony, in early 2018, the Telfair County Sheriff’s Office received information that Donna Bazemore, a/k/a “Dirty D,” 45, of McRae, Ga., was distributing large quantities of methamphetamine from her residence in Telfair County. Investigators searched the residence and seized 16 bags of methamphetamine, a bag of cocaine, two bags of MDMA (a/k/a Ecstasy), at least six firearms, a video security system, and other drug trafficking tools. Agents arrested Bland, who was at the location breaking down methamphetamine into smaller bags for distribution.
The investigation revealed that Santana-Hernandez was a source of supply for the drug trafficking organization that operated in Telfair County and elsewhere. Santana-Hernandez, who resided in the Atlanta area illegally, received kilograms of methamphetamine from the “La Familia” cartel in Mexico. In August 2018, Santana-Hernandez delivered two kilograms of methamphetamine to the Southern District of Georgia via a courier. Federal agents then arrested Santana-Hernadez when he came to a Dublin, Ga., restaurant to collect payment.
In addition to Santana-Hernandez, Bland and Bazemore, the following people also have been convicted for their roles in the conspiracy:
Enio Camacho-Pineda, a/k/a “Tony,” a/k/a “Tony Montana,” 31, of Atlanta;
Enrique Lopez, a/k/a “Ricky,” 44, of Douglas, Ga.;
Eugene Wright, a/k/a “Burt,” 52, of Millwood, Ga.;
Cristian Jesus Martinez, 19, of Mexico;
Angela Hurst, 38, of Douglas, Ga.;
Kristel Merritt, 43, of Douglas, Ga.;
Angie McCoy, a/k/a “Angie Woods,” 24, Douglas, Ga.; and,
Kenneth Woodrow Mancil, 53, Sylvania, Ga.
“These sentences demonstrate that our partnerships with federal, state, and local law enforcement are the key to targeting and dismantling organized crime,” said U.S. Attorney Bobby L. Christine. “With hard time for their crimes, two drug traffickers will pay the penalty for spreading poison in our communities.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division stated, “This sentencing is a great example of what can be achieved when DEA works hand-in-hand with its law enforcement counterparts and the U.S. Attorney’s Office. This trafficker was clearly working under the direction of the La Familia drug cartel based in Mexico. Consequently, he will spend in excess of a decade in federal prison.”
“Narcotic traffickers have no regard for the well-being or safety of our Georgia communities,” said ATF Special Agent in Charge Art Peralta. “Narcotic trafficking and violence go hand in hand, and these sentences prove that our efforts to identify and arrest those individuals who promote violent crime through the distribution of narcotics is having a positive impact.”
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations, and was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), the Georgia Bureau of Investigation (GBI), the U.S. Marshals Service, Telfair County Sheriff’s Office, Jeff Davis County Sheriff’s Office, the Douglas-Coffee Drug Unit, and other local law enforcement agencies. The case also falls under the umbrella of the U.S. Department of Justice’s Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer. The case is being prosecuted by Assistant U.S. Attorneys John Harper and E. Greg Gilluly, Jr.
California man charged with interstate stalkingRead the Press Release
MISSOULA—A California man was arraigned today on an indictment accusing him of using the Internet and cell phones to harass individuals and to threaten to damage the reputations of two persons unless they paid him money, U.S. Attorney Kurt Alme said.
Bryan Gregg Waterfield Nash, 54, of Woodside, CA, pleaded not guilty to interstate stalking and to interstate communication with intent to extort. If convicted of the most serious crime, Nash faces a maximum five years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Nash was released pending further proceedings.
An indictment is merely an accusation. Nash is presumed innocent until proven guilty.
The indictment alleges that from December 2013 through June 2019 in Whitefish and in California, Nash used a computer, cell phone, email and the Internet to harass or intimidate approximately 33 persons. The indictment further alleges that Nash sent electronic messages to two individuals threatening to damage their reputations by releasing information about alleged behavior to law enforcement and to the media if the individuals refused to pay him substantial sums of money.
Assistant U.S. Attorney Timothy Racicot is prosecuting the case, which was investigated by the FBI.
Pacer reference No. 19-30.
The progress of the case may be monitored through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Buffalo Man Sentenced to More Than Two Years in Prison for Being A Felon in Possession of A FirearmRead 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 Andre Baker, 28, of Buffalo, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced to serve 27 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who handled the case, stated that on March 25, 2018, two Buffalo Police Officers were flagged down by an unidentified civilian yelling and screaming, “he has a gun,” while simultaneously pointing his hands in the direction of a parking lot in the vicinity of Jefferson Avenue and Genesee Street. The officers observed another civilian pointing a firearm at the defendant as well as a firearm on the ground next to the defendant’s feet. After making eye contact with the officers, the defendant jumped into the rear seat of a vehicle. Seconds later, the defendant exited the vehicle and fled on foot. The defendant was quickly apprehended in the vicinity of Virginia and Cherry Streets by the officers.
One of the civilians, who identified himself as a sworn Peace Officer and licensed gun owner, reported that he observed and later broke up a physical fight between the defendant and an unidentified male and a female outside Arthur’s Pub in the vicinity of Jefferson Avenue and Genesee Street. After the fight, defendant went across the street and got into the aforementioned vehicle. The civilian observed the female who had been involved in the fight approach the car and spit in the defendant’s face. The defendant got out, approached the rear bumper, and removed a gun. The civilian withdrew his concealed firearm from his holster, pointed the gun at Baker and gave a verbal command to the defendant to drop his gun. Baker complied.
Officers subsequently recovered a loaded, .380 caliber pistol, on the ground next to where the defendant was standing prior to fleeing. Officers also recovered a loaded 12 gauge shotgun from the vehicle.
Baker was previously convicted of Attempted Criminal Possession of a Weapon in the 2nd degree in Erie County Court and is legally prohibited from possessing a firearm.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Buffalo Man Going to Prison for Sex Trafficking ConspiracyRead 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 Samuel Walker, 69, of Buffalo, NY, who was convicted of conspiracy to engage in the sex trafficking of minors, was sentenced to serve 30 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney John D. Fabian, who handled the case, stated that in January and February of 2015, the defendant conspired with co-defendant D'Angelo Conner to engage in sex trafficking of minors. Connor managed an escort business which advertised two victims (Victim 1 and Victim 2) on backpage.com. At Connor’s request, Walker acted as a driver for the business, transporting Victim 1 and Victim 2 to prostitution appointments. The defendant was paid $25 per trip. Walker did so knowing or recklessly disregarding that both Victim 1 and Victim 2 were minors who engaged in commercial sex acts during the appointments.
On February 25, 2015, the defendant drove Victim 1 to a prostitution appointment at a hotel in Cheektowaga, NY. On that date, as well as on the two preceding days, February 23 and 24, 2015, Connor used the defendant’s cell phone to exchange text messages with Victim 1 regarding prostitution appointments and activities.
D'Angelo Conner was previously convicted and sentenced to serve 90 months in prison.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Broadway Producer Charged with Possession and Distribution of Child PornographyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of the Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrest of BEN SPRECHER for possession and distribution of child pornography. SPRECHER was arrested today and presented before United States Magistrate Judge Henry B. Pitman.
U.S. Attorney Geoffrey S. Berman said: “Child pornography targets the most innocent and vulnerable in our society. Today, Broadway producer, Ben Sprecher was arrested for allegedly possessing child pornography in his Manhattan home. Sexualizing young children is unconscionable; and this Office and our law enforcement partners will continue to utilize all of the expertise and resources available to shine a light on every dark corner where it is produced, shared, and possessed.”
Special Agent-in Charge Peter C. Fitzhugh said: “It is alleged that Sprecher made available for downloading more than one hundred files of children who were demoralized as their innocence was taken away. HSI and our law enforcement partners at the NYPD remain committed in our global fight to protect children and keep them safe from those who choose to take advantage of a child with the intention of fulfilling their own horrid fantasies.”
According to the allegations in the Complaint filed today[1]:
Between at least October 2018 and August 2019, SPRECHER, a Broadway producer, used a peer-to-peer file sharing network to receive and make available for download over 100 video or photograph files known to contain child pornography. The child pornography included depictions of prepubescent children engaged in sexual activity with adults. On August 13, 2019, law enforcement officers executed a search warrant at SPRECHER’S apartment and recovered an external hard drive, which contained numerous files containing child pornography.
SPRECHER, 65, of New York, New York, is charged with one count of distribution and receipt of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison, and one count of possession of child pornography, which carries a maximum sentence of 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Mr. Berman praised the New York City Police Department and Homeland Security Investigations for their outstanding investigative work.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Samuel P. Rothschild is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Bridgeport Tax Preparer Sentenced to More Than 4 Years in Federal Prison for Preparing False Tax ReturnsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ROLANDO RUSSELL, 62, of Bridgeport, was sentenced yesterday by U.S. District Judge Alvin W. Thompson in Hartford to 50 months of imprisonment, followed by one year of supervised release, for preparing false tax returns for clients.
According to court documents and statements made in court, Russell prepared approximately 1,820 federal tax returns for the 2013 through 2016 tax years through a tax return preparation practice he operated in Bridgeport. The returns claimed a total of approximately $11.26 million in refunds, of which the IRS issued approximately $10 million. An investigation revealed that many of the tax returns he prepared included false Schedule C forms (“Profit or Loss from Business”), false unreimbursed employee expenses and false charitable contributions. Based on the investigation, Russell’s false filings resulted in at least $1.5 million in losses to the IRS.
Judge Thompson ordered Russell to pay restitution of $1,501,000.
As a result of Russell’s fraudulent conduct, many of his clients’ filed tax returns for the 2013 through 2016 tax years will need to be amended. IRS notices are being sent to impacted clients.
On April 26, 2019, Russell pleaded guilty to two counts of aiding and assisting the filing of a false tax return.
Russell, who is released on a $100,000 bond, is required to report to prison on October 16.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division, and was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Braddock Felon Indicted on Illegal Gun Possession ChargeRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Larnell Jones, age 45, formerly of Braddock, PA, as the sole defendant.
According to the Indictment, on or about July 10, 2019, Jones was in possession of a firearm as a convicted felon. Federal law prohibits a felon from possessing a firearm.
The law provides for a maximum of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Yvonne M. Saadi is prosecuting this case on behalf of the government.
The Munhall and Swissvale Police Departments, and the Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Bookkeeper Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that LATANYA A. BRITTON, age 41, resident of LaPlace, Louisiana, entered a plea of guilty on Monday, August 12, 2019 to Wire Fraud, in violation of Title 18, United States Code, Section 1343.
According to court records, on January 22, 2018, BRITTON was hired as a bookkeeper in the client accounting services department at Accounting Firm A. Accounting Firm A was located in New Orleans, Louisiana and provided client accounting services to local businesses and individuals. Client B, a restaurant located in the New Orleans French Quarter, was a small business client of Accounting Firm A. BRITTON became the bookkeeper for Client B and was entrusted with the daily accounting and bill paying for Client B’s account. Accounting Firm A utilized a cloud-based accounting software called Restaurant 365 to manage the account for Client B. Restaurant 365 allowed BRITTON authorized access to Client B’s bank account. BRITTON’s position allowed her to issue checks to Client B’s vendors that contained an electronic signature of the managing shareholder of Client B.
On August 16, 2018, BRITTON established an entity named Lagniappe Accounting Services, L.L.C. (“Lagniappe”). Navy Federal Credit Union (“NFCU”) was a domestic financial banking institution headquartered in Vienna, Virginia. All check images received by NFCU either from a NFCU branch, ATM, e-deposit, or other channel, were transmitted to computer servers located in Vienna, Virginia. On August 24, 2018, BRITTON opened bank account No. ******2479 with NFCU under the name Lagniappe.
BRITTON devised and implemented a scheme to defraud Client B by embezzling approximately $32,000 from Client B’s bank account. BRITTON accessed Restaurant 365 software to delete approximately 31 check entries payable to Lagniappe that she fraudulently issued from Client B’s account. BRITTON opened an account with NFCU in the name Lagniappe in order to deposit funds she embezzled from Client B. BRITTON used her NFCU Lagniappe account debit card to pay for personal expenses at retailers such as Bed Bath & Beyond, Dillard’s, JCPenney’s, Old Navy, DSW, and at various nail spas. As part of her scheme and artifice to defraud Client B and, in an effort to conceal her conduct on December 30, 2018, BRITTON made false statements in an email to Client B’s managing shareholder after he contacted BRITTON regarding a suspicious check written to Lagniappe. BRITTON was terminated from Accounting Firm A on January 3, 2019.
BRITTON faces a maximum penalty of twenty (20) years imprisonment, followed by up to three (3) years of supervised release, and a $250,000.00 fine per count. Sentencing by U.S. District Judge Wendy B. Vitter is scheduled for October 29, 2019.
U.S. Attorney Peter G. Strasser praised the work of the United States Secret Service. The prosecution of the case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Armed Career Criminal Sentenced to 405 Months in Federal PrisonRead the Press Release
Memphis, TN – James Nelson, 48, has been sentenced to 405 months in federal prison for being a felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on Friday, September 15, 2017, Keysha Caldwell brought her 13-year-old daughter to the apartment of James Nelson, the father of their child. Nelson was in the apartment with his girlfriend when suddenly he began to physically assault Ms. Caldwell. Their daughter went back to their car to get help from her step-father, Ernest Bernard.
As Mr. Bernard, Ms. Caldwell, and her 13-year-old daughter were leaving the apartment, Nelson fired a shot at Ms. Caldwell, striking her in the head and killing her. Mr. Bernard called 911 and Ms. Caldwell's other daughter came to the apartment. Nelson then threatened to kill her stating, "your momma is laying in there dead and you'll be next." The death was ruled a homicide. A Smith & Wesson .40 caliber pistol was located inside the residence. Nelson waived his Miranda rights and gave a statement to the police, advising that he did not kill Ms. Caldwell; the gun went off during a struggle. However, his version of the events did not match the accounts of the other witnesses or the physical evidence.
Nelson was previously convicted for several felony charges involving drugs, guns, and violent crimes, including a 1996 conviction for voluntary manslaughter, where he shot and killed his sister.
On August 12, 2019, U.S. District Court Judge Sheryl H. Lipman sentenced Nelson to 405 months in federal prison followed by 3 years supervised release.
U.S. Attorney D. Michael Dunavant said, "Convicted felons who possess firearms are an inherent danger to the community, and in this case, Nelson was a violent offender who continued to possess a firearm despite his prior felony conviction history. Nelson has devoted his adult life to a career of criminal conduct, and that prior history has finally caught up with him. Clearly, this armed career criminal had no hesitation in committing another violent crime with a firearm that resulted in death, and he will now be removed from our community for over 33 years."
The case was investigated by the Project Safe Neighborhoods (PSN) Task Force, which includes the U.S. Attorney’s Office; the Shelby County District Attorney’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Memphis Police Department; and the Shelby County Sheriff’s Office, who have all joined together to address gun-related crimes through targeted investigations and aggressive prosecution.
Special Assistant U.S. Attorney (SAUSA) Samuel D. Winnig prosecuted this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.
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Antioch Woman Facing Federal Charges for Embezzling More Than $200,000 from Her EmployerRead the Press Release
NASHVILLE, Tenn. – August 13, 2019 – Ilaine T. Newby, 51, of Antioch, Tennessee, was charged today with embezzling over $206,000 from a Smyrna-based company, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Newby was charged in a criminal information with three counts of wire fraud related to her embezzlement scheme.
According to the charging document, from November 2014 through June 2018, Newby embezzled approximately $206,000 from the company, identified only as “C.A.” Newby was the comptroller of the company for approximately seven years and in that position she was responsible for the company’s financial affairs, including managing the monthly financial reports, the profit and loss statements, QuickBooks entries, accounts payable, accounts receivable, and the company bank accounts and company credit card accounts. Newby paid for personal expenses using company credit cards and made payments to her personal credit cards from the company’s bank account. She also used company funds for personal expenditures, such as purchasing a Jeep Liberty and paying tuition to the University of Arizona. Newby concealed the fraud by making false entries in the company’s general ledger and providing manipulated financial records to the business’s owner.
If convicted, Newby faces up to 20 years in prison and a fine of up to $250,000 on each count. This case was investigated by the FBI and the Smyrna Police Department and is being prosecuted by Assistant U.S. Attorney Kathryn Booth.
A criminal information is merely an accusation. Newby is presumed innocent until proven guilty in a court of law.
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Accounting Coordinator at Non-Profit Facing Fraud Charges for Embezzling $321K in Organization FundsRead the Press Release
PITTSBURGH – An accounting coordinator at a Pittsburgh-area non-profit organization has been indicted by a federal grand jury in Pittsburgh on charges of bank fraud and mail fraud, United States Attorney Scott W. Brady announced today.
The nine-count Indictment, returned on August 6 and unsealed yesterday, named Danielle Strother-Rush, 32, of Pittsburgh, PA as the sole defendant.
According to the Indictment presented to the court, from approximately August 2014 until August 2016, Strother-Rush committed bank fraud and mail fraud in order to embezzle funds from her employer, Eastern Minority Supplier Development Council, which is a nonprofit organization that assists with creating business opportunities for minority-owned supply companies. The Indictment further alleges that the total amount embezzled was approximately $321,000.
The law provides for a maximum total sentence of 30 years for each count of bank fraud and 20 years for each count of mail fraud. The law also provides for a fine of $1,000,000 for each count of bank fraud and $250,000 for each count of mail fraud. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pittsburgh Bureau of Police 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.
12 August 2019
‘Halo Bandit’ Bank Robbers Sentenced to Combined 35 Years in Federal PrisonRead the Press Release
Two bank robbers who led police on a wild chase across the Dallas - Fort Worth Metroplex earlier this year have been sentenced to a combined 35 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Dubbed the “Halo Bandits” by the FBI, Marcello Shofner, 37, and Cedric Burns, 41, both pleaded guilty to bank robbery in April.
In plea papers, the pair admitted they entered a Texas Trust Credit Union in Hurst, Texas, pointed replica weapons at three employees, and demanded more than $100,000 in U.S. currency from the vault. Money in hand, they fled the scene in a grey Ford Focus.
Their getaway driver, Antranette Canady, 46, lead authorities on a high-speed pursuit down Interstate 30 and onto a dead end street in Dallas’ Oak Cliff neighborhood, where all three were apprehended by law enforcement.
Mr. Shofner was sentenced Monday morning by U.S. District Judge Reed C. O’Connor to 15 years in federal prison. Mr. Burns was sentenced to 20 years in federal prison late last month. Ms. Canady, who also pleaded guilty to bank robbery in April, is slated to be sentenced next month.
Co-conspirator Precious Alexander – who’d planned to be the “switch” driver but was detained by law enforcement before she could meet up with Mr. Shofner and Mr. Burns – also pleaded guilty and has been sentenced to 9 years in federal prison.
The FBI Dallas Violent Crimes Task Force conducted the investigation; the Dallas Police Department assisted in the defendants’ apprehension. Assistant U.S. Attorney Meghan Fahey is prosecuting the case.
Wetzel County residents indicted for drug conspiracyRead the Press Release
WHEELING, WEST VIRGINIA – Six people are facing charges of distributing methamphetamine after being indicted by a federal grand jury in Wheeling earlier this month, United States Attorney Bill Powell announced.
“Our prosecution efforts have significantly increased on the crystal methamphetamine front. It is a dangerous drug that not only kills, but causes increased violence. Our efforts, along with our law enforcement partners, are to prosecute all the way to the manufacturer of the methamphetamine. We will persevere in our efforts,” said Powell.
The six are named in a 14-count indictment alleging methamphetamine distribution, sometimes near Bruce Park playground, Magnolia High School, and New Martinsville Elementary School, from July 2018 to June 2019 in Wetzel County and elsewhere. Those named in the indictment are:
• David M. Metz, age 44, of New Martinsville, West Virginia
• Calebe “Shaggy” McCune, age 23, New Martinsville, West Virginia
• Zach Jerico, age 31, of New Martinsville, West Virginia
• Wesley A. Ebbert, age 30, New Martinsville, West Virginia
• Jaclyn Starkey, age 27, New Martinsville, West Virginia
• Kaley Edgell, age 35, of New Martinsville, West VirginiaMeth is a scourge on our communities, according to D. Christopher Evans, Special Agent in Charge of DEA’s Louisville Division Office. “While America’s opioid crisis may dominate headlines, Operation Crystal Mountain should serve as a reminder that meth is a problem that has never gone away,” Evans said. “The dedicated men and women of DEA, working closely with state and local law enforcement, are relentless in their efforts to rid our neighborhoods of dangerous drugs and bring to justice those who distribute them, wherever they may be,” he added.
Assistant U.S. Attorney Robert H. McWilliams, Jr. is prosecuting the case on behalf of the government. The Drug Enforcement Administration; the West Virginia State Police; and the Marshall County Drug & Violent Crimes task Force, a HIDTA-funded initiative investigated.An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
United States Attorney’s Office to Host Re-entry Services Fair in Meridian Under Project EJECTRead the Press Release
Jackson, Miss. – United States Attorney Mike Hurst announced today that the United States Attorney’s Office for the Southern District of Mississippi will host a Re-entry Services Fair in Meridian under Project EJECT in order to provide vital services, information, and assistance to previously incarcerated individuals who are re-entering society.
The Re-entry Services Fair will be held on Wednesday, August 14, 2019, from 1:00 p.m. to 4:00 p.m. at the Velma Young Community Center, 2400 16th Avenue, in Meridian.
"Re-entry is an integral part of Project EJECT and a vital component to reducing violent crime. Most prisoners today will one day be released back into our communities. We as a people must do all that we can to empower these individuals with the tools they need to be law-abiding and productive citizens. I want to personally thank these agencies, non-profits, and volunteers for coming together and helping folks get back on their feet. By working together, we are making our neighborhoods safe and secure for everyone," said U.S. Attorney Hurst.
"Working together we can and are making a difference in the lives of our returning citizens," said Mississippi Department of Corrections Commissioner Pelicia E. Hall. "Events such as these expose them to resources and job opportunities. I encourage formerly incarcerated persons to take advantage of this re-entry services fair. The fair is also available to the general public. Similar events have been successful. We hope we can say the same about Wednesday’s event. And, we would like to hold a resource fair in south Mississippi in the near future."
The goal of the fair is to help previously incarcerated individuals overcome obstacles often faced by those who are trying to re-enter society. Participating agencies will set up booths to provide resources in a variety of areas such as assistance with obtaining personal identification documents, housing information, educational assistance, legal information, and guidance for seeking and obtaining employment.
Agencies participating in the Re-entry Services Fair include the U.S. Department of Veterans Affairs, Social Security Administration, Mississippi Department of Public Safety, Mississippi Department of Human Services, Mississippi Department of Corrections, U.S. Probation Office, Mississippi Community College Board, and the Governor’s Job Fair Network of Mississippi.
This event is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, reentry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
U.S. Attorney & Law Enforcement to Announce Federal Charges Arising out of Investigation into Dayton Mass ShootingRead the Press Release
DAYTON – Today the government is unsealing charges against a friend of Connor Betts for allegedly lying on federal firearms forms.
The briefing will be held:
TODAY: MONDAY, AUGUST 12, 2019
WHEN: 2 P.M.
WHERE: Walter H. Rice Federal Building & U.S. Courthouse
First Floor Conference Room 150
200 West 2nd Street
Dayton, Ohio 45402
WHO: U.S. Attorney Benjamin C. Glassman
Todd A. Wickerham, Special Agent in Charge, FBI
Room available beginning at 1:40 P.M. No TV lighting provided. ID will be required for entrance at Security.
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Two Men Indicted on Methamphetamine Charges; Accused of Filling the Streets of Jamestown with MethRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Brandon Smith, 32, of Jamestown, NY, and Mark R. Maio, 34, of East Randolph, NY, with narcotics conspiracy, and possession with intent to distribute methamphetamine and marijuana. If convicted, defendants face a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000.
Maio is also charged with using and maintaining a drug-involved premises, and possession with intent to distribute methamphetamine on premises where an individual under 18 was present and resided.
“Today we unveil a new weapon which we deploy as part of our effort to protect our community from the scourge that methamphetamine trafficking brings to it,” noted U.S. Attorney Kennedy. “This indictment marks the first time that any person in the Western District of New York has been charged with violating Title 21, United States Code, Section 860a, which requires that the sentencing court impose a mandatory, additional, consecutive term of up to 20 years in prison, whenever a methamphetamine-related drug offenses occurs on a premises at which a child is present. While we have directed much of our recent law enforcement effort to combatting deadly opioids, methamphetamine—though it may be a slower death—also kills. When it comes to protecting our community, new threats warrant new responses.”
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, beginning in March 2018, the Jamestown Police Department Narcotics Unit began investigating Maio and Smith for the distribution of methamphetamine in and around the City of Jamestown. The investigation included controlled purchases of narcotics from defendant Maio.
On January 23, 2019, the Southern Tier Regional Drug Task Force executed a state search warrant at Maio’s residence on Main Street in East Randolph, NY. Maio and Smith were present at the time, along with two other adults and three minor children. Smith attempted to leave the residence but was detained and searched. Investigators recovered suspected crystal methamphetamine and on Smith. They also searched Maio and recovered suspected crack cocaine and a large amount of cash.
During a search of the residence, investigators recovered suspected marijuana, crystal methamphetamine, a digital scale, and other drug packaging and paraphernalia.
The defendants were arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and detained.
The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott.
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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Twenty-Five Men Charged and Seventy-Eight Guns Seized in Crackdown on Gun CrimesRead the Press Release
DAVENPORT, Iowa – Twenty-five people, all of whom are prohibited possessors of firearms, are facing 58 criminal charges as part of federal drug and gun investigations announced United States Attorney Marc Krickbaum. Seven Indictments and 18 Superseding Indictments by a Federal Grand Jury were filed last week in United States District Court in Davenport, Iowa. Several of the defendants had previously been charged and appeared before United States Magistrate Judge Stephen B. Jackson, Jr.
The investigations occurred in several Iowa counties including: Clinton, Des Moines, Johnson, Scott, and Washington County and involved the seizure of approximately 78 firearms including two sawed-off shotguns. The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
“Our message is simple,” said United States Attorney Marc Krickbaum. “If you commit a gun crime, we will do our best to prosecute you in federal court.” Krickbaum added, “Federal law has a long reach. If you have a gun and you are a drug user, a felon, are near a school, have a conviction for misdemeanor domestic violence, or you know the gun is stolen, you can go to federal prison.”
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The cases were investigated by the Davenport Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Clinton Police Department, Burlington Police Department, Washington County Sheriff’s Office, Drug Enforcement Administration, Johnson County Sheriff’s Office, Iowa State Patrol, Department of Homeland Security, and the Iowa Division of Narcotics Enforcement. The cases are being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
To date, 17 defendants have been arrested and are outlined below. The other cases remain sealed pending arrest.
DEFENDANT
Robert Lee Poore Case Number 3:19-cr-31
SUMMARY OF CHARGES
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearms
Maximum Penalty is 10 years in custody
Title 26, U.S.C. §§ 5841, 5845, 5861(d), 5871 – Receive and Possess Machineguns and Silencers
Maximum Penalty is 10 years in custodyDEFENDANT
Adam Steven White Case Number 3:19-cr-65
SUMMARY OF CHARGES
Title 21, U.S.C. § 846 – Conspiracy to Distribute a Controlled Substance
Maximum Penalty is 40 years in custody; 5 year mandatory minimum
Title 18, U.S.C. § 922(g)(3) – Unlawful Drug User in Possession of a Firearm
Maximum Penalty is 10 years in custody
Title 21, U.S.C. § 844(a) – Possession of a Controlled Substance
Maximum Penalty is 1 year in custodyDEFENDANT
Larenzo Marshan Grandberry Case Number 3:19-cr-30
SUMMARY OF CHARGES
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custody
Title 21, U.S.C. § 844(a) – Possession of a Controlled Substance
Maximum Penalty is 1 year in custodyDEFENDANT
Deshawn Mitchell Case Number 3:19-cr-45
SUMMARY OF CHARGES
Title 21, U.S.C. § 846 – Conspiracy to Distribute a Controlled Substance
Maximum Penalty is 40 years in custody; 5 year mandatory minimum
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(B) – Possession With Intent to Distribute a Controlled Substance
Maximum Penalty is 40 years in custody; 5 year mandatory minimum
Title 18, U.S.C. § 924(c)(1)(A)(i) – Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimum
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custodyDEFENDANT
Rodolfo Tellez Gutierrez Case Number 3:19-cr-45
SUMMARY OF CHARGES
Title 21, U.S.C. § 846 – Conspiracy to Distribute a Controlled Substance
Maximum Penalty is life in custody; mandatory minimum of 10 years
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(A) – Possession With Intent to Distribute a Controlled Substance
Maximum Penalty is life in custody; mandatory minimum of 10 years
Title 18, U.S.C. § 922(g)(3) – Unlawful Drug User in Possession of a Firearm
Maximum Penalty is 10 years in custodyDEFENDANT
Curtis Lee Smith Case Number 3:19-cr-46
SUMMARY OF CHARGES
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(D) – Possession With Intent to Distribute Marijuana
Maximum Penalty is 10 years in custody
Title 18, U.S.C. § 924(c)(1)(A)(i) – Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimum
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custodyDEFENDANT
Devario Dewayne Talley Case Number 3:18-cr-87
SUMMARY OF CHARGES
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(C) – Possession of a Controlled Substances with Intent to Distribute
Maximum Penalty is 20 years in custody
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custody
Title 18, U.S.C. § 924(c)(1)(A)(i) – Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimum
Title 18, U.S.C. § 924(c)(1)(A)(i) – Carry a Firearm During and In Relation to a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimumDEFENDANT
Adam Christopher Smith Case Number 3:19-cr-40
SUMMARY OF CHARGES
Title 21, U.S.C. § 841(a)(1), 841(b)(1)(C) – Distribution of a Controlled Substance
Maximum Penalty is 20 years in custody
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(C) – Possession With Intent to Distribute a Controlled Substance
Maximum Penalty is 20 years in custody
Title 18, U.S.C. § 924(c)(1)(A)(i) – Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimum
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custodyDEFENDANT
Michael Terrell Richardson Case Number 3:18-cr-98
SUMMARY OF CHARGES
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custody
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(C) – Possession With Intent to Distribute a Controlled Substance
Maximum Penalty is 20 years in custody
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(D) – Possession With Intent to Distribute a Controlled Substance
Maximum Penalty is 10 years in custody
Title 18, U.S.C. § 924(c)(1)(A)(i) – Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimum
Title 21, U.S.C. § 846 – Conspiracy to Distribute a Controlled Substance
Maximum Penalty is 40 years in custody; 5 year mandatory minimumDEFENDANT
Zacharia Allen Clark Case Number 3:19-cr-27
SUMMARY OF CHARGES
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of Ammunition
Maximum Penalty is 10 years in custodyDEFENDANT
Terry Eugene Cook Case Number 3:19-cr-33
SUMMARY OF CHARGES
Title 18, U.S.C. § 841(a)(1), 841(b)(1)(B) – Possession With Intent to Distribute a Controlled Substance
Maximum Penalty is 40 years in custody; 5 year mandatory minimum
Title 18, U.S.C. § 924(c)(1)(A)(i) – Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Maximum Penalty is life in custody; 5 year mandatory minimum
Title 18, U.S.C. § 922(g)(3) – Unlawful Drug User in Possession of a Firearm
Maximum Penalty is 10 years in custodyDEFENDANT
Junior Emilio Roldan Marin Case Number 3:19-cr-44
SUMMARY OF CHARGES
Title 18, U.S.C. § 922(g)(3), 922(g)(8), 922(g)(9) – Prohibited Person in Possession of a Firearm
Maximum Penalty is 10 years in custodyDEFENDANTS
Joseph Roosevelt Howard Rogers Case Number 3:19-cr-29
William Walter Franklin Case Number 3:19-cr-74
Justin Joseph Halter Case Number 3:19-cr-23
Levi Shelby Roe Case Number 3:19-cr-35
Marc Andrew Dietrich Case Number 3:19-cr-67
SUMMARY OF CHARGES
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years in custody
Tulsa Man Sentenced to 10 Years in Federal Prison for Distributing DrugsRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Jorge Abraham Sandoval, age 33, was sentenced today to 120 months in federal prison, followed by five years of supervised release for one count of Distribution of more than 50 grams of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in 2017, investigators received information that Sandoval was involved in drug trafficking in the northwest Arkansas area. In exchange for $6,500, Sandoval distributed what he represented to be one pound of methamphetamine. Lab results revealed that the substance was 450.3 grams of actual methamphetamine.
Sandoval was indicted by a federal grand jury in December 2018, and he entered a guilty plea in March 2019.
This case was investigated by Homeland Security Investigations and the Drug Enforcement Administration. Assistant United States Attorney Brandon Carter prosecuted the case for the United States.
Three men indicted for possession methamphetamine found in active conversion laboratoryRead the Press Release
ROME, Ga. - Daniel Landa-Duerta, Mauricio Dominguez-Vazquez, and Jorge Armando Avalos-Menera has been arraigned on federal charges related to methamphetamine seized from a conversion laboratory in Dallas, Georgia.
“Methamphetamine is poison and continues to be a scourge in our district,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to our vigilant law enforcement partners, this large quantity of drugs was discovered and seized before it could make its way into our community.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said of the indictment, “The cocktail of deadly chemicals used to manufacture methamphetamine are a recipe for disaster. These substances are not only volatile and toxic, but they also destroy families, communities and lives. Because of the collective effort between our local, state and federal law enforcement counterparts and the U.S. Attorney’s Office, these defendants were brought to justice and will no longer be able to distribute these dangerous chemicals.”
“This case began with information provided to law enforcement by concerned citizens in Paulding County. Agents acted immediately to prohibit citizens being exposed. A search warrant led to the dismantling of an extremely large clandestine methamphetamine conversion lab and the seizure of an unprecedented amount of methamphetamine in Paulding County. The Haralson Paulding Drug Task Force, the Paulding County Sheriff’s Office and the Drug Enforcement Administration are working together to ensure a safe and positive outcome for all.”
According to U.S. Attorney Pak, the charges, and other information presented in court: On June 26, 2019, law enforcement uncovered an active methamphetamine conversion laboratory in Dallas, Georgia, allegedly used to convert liquid methamphetamine into crystal methamphetamine for distribution. Large quantities of crystal and liquid methamphetamine were seized in the laboratory, and additional methamphetamine was seized in a traffic stop of a vehicle leaving the laboratory. In total, law enforcement seized over 80 kilograms of crystal methamphetamine and approximately 75 gallons of liquid methamphetamine during the course of this investigation.
On July 24, 2019, a federal grand jury returned an indictment against Daniel Landa-Duerta, 20, of Múgica, Mexico, Mauricio Dominguez-Vazquez, 53, of Tallahassee, Florida, and Jorge Armando Avalos-Menera, 32, of Tulsa, Oklahoma, charging each of them with one count of conspiracy to possess with intent to distribute methamphetamine and one count of possessing with intent to distribute at least 500 grams of methamphetamine.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration, with assistance by the Paulding County Drug Task Force.
Assistant U.S. Attorney Teresa M. Stolze is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Men Indicted for Cyberstalking Conspiracy That Resulted in MurderRead the Press Release
KANSAS CITY, Mo. – Three men have been indicted by a federal grand jury for their roles in a cyberstalking conspiracy that utilized GPS tracking devices to help carry out the murder of a Kansas City, Missouri, man.
Lester E. Brown, 32, of Kansas City, Missouri, Michael Young, 29, of Independence, Missouri, and Ronell Pearson, 32, currently living in the Minneapolis, Minnesota, area, were charged in a three-count indictment returned under seal by a federal grand jury on Wednesday, Aug. 7. Pearson was arrested today and has an initial court appearance in U.S. District Court in Minneapolis, Minn. Young was arrested on Thursday, Aug. 8, following a high-speed pursuit by law enforcement in which he crashed his vehicle. Brown is currently in federal custody in an unrelated case.
Murder of Christopher Harris
The federal indictment alleges that Brown, Young, and Pearson participated in a conspiracy from Nov. 1, 2017, to March 19, 2018, to engage in the cyberstalking of Christopher Harris, which resulted in his death. They allegedly deployed multiple GPS devices on vehicles used by Harris and his associates to track their locations. They allegedly used a GPS device on Harris’s vehicle to track Harris and kill him while he was dropping off his minor daughter after her dance class.
The indictment also alleges that conspirators sent threatening messages to Harris using the social media service Snap in November and December 2017. These messages included photographs of GPS devices, and demanded a payment to Brown of $1,000 per month. One message allegedly threatened Harris to “Pay me, or I’m going to touch something deeper, something close to you.”
In January 2018, the indictment says, conspirators surveilled Harris’s girlfriend at her place of employment, and followed her to the residence she shared with Harris. On Feb. 2, 2018, they allegedly deployed a GPS tracking device on Harris’s black Nissan Altima, and used a tracking service to determine his real-time location. Another tracking device was deployed on Harris’s vehicle on March 12, 2018.
On March 14, 2018, Harris picked up his daughter and drove her to dance class. Conspirators tracked Harris as he drove his daughter home from dance class and dropped her off at her mother’s residence. Conspirators shot a firearm multiple times into Harris’s vehicle, causing Harris to exclaim, “My daughter’s in the car! My daughter is in the car!” They then shot Harris multiple times in the head, killing him.
Brown, Young, and Pearson are charged together in one count of conspiracy to commit cyberstalking resulting in the death of Harris, and one count of aiding and abetting in the cyberstalking of Harris, resulting in his death.
Brown is also charged with one count of being a felon in possession of a firearm for illegally possessing the Glock .45-caliber pistol used to murder Harris. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brown has prior felony convictions for receiving stolen property and for being a felon in possession of a firearm.
Murder of Ryan Cobbins
The indictment also cites the murder of Ryan Cobbins, a friend and associate of Harris. One of the Snap messages allegedly sent to Harris threatened, “Man, you … are gonna end up like Ryan,” which Harris took to be a reference to the murder of his friend Ryan Cobbins in 2013.
According to the indictment, in late 2013 Brown (who had recently activated a GPS tracking service) impersonated a customer looking to purchase a vehicle when he was confronted by a mechanic, who found Brown underneath an orange Camaro that belonged to an (unidentified) associate of Harris’s. The vehicle was later sold to Cobbins. Brown also allegedly impersonated a law enforcement officer to a mechanic who discovered a GPS tracking device underneath another vehicle owned by Harris’s associate, and demanded the return of the tracking device. In January 2014, Harris’s associate discovered another GPS tracker on one of his vehicles.
Cobbins went missing on Oct. 24, 2013, following a haircut appointment. In November 2013, Brown accepted $20,000 from Harris and another person as “ransom” payment for the return of Cobbins. Brown claimed he could act as the middleman between the kidnappers and Harris, and that he could arrange the safe return of Cobbins. On Dec. 31, 2014, Cobbins was found dead from multiple gunshot wounds, with hair clips still in his hair from his Oct. 24, 2013, haircut appointment.
There are no charges in the indictment directly related to the murder of Cobbins.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Matthew P. Wolesky and Joseph M. Marquez. It was investigated by the Independence, Mo., Police Department, the Kansas City, Mo., Police Department, and the FBI.
Thirteen-Time Felon Pleads Guilty to Drug and Gun ChargesRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty today to cocaine and gun charges.
According to court documents, Curtis Talley, 38, who has 13 prior felony convictions, many of which are for prior probation violations, was found with distribution amounts of cocaine, marijuana, and a loaded gun when Norfolk police officers arrested him on outstanding warrants.
Talley pleaded guilty to possession with intent to distribute cocaine and possessing a firearm in furtherance of that crime, and faces a mandatory minimum sentence of five years and a maximum of life when sentenced on December 2. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Larry D. Boone, Chief of Norfolk Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Andrew Bosse is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-114.
The United States files false claims act complaint against Robert C. Burkich, M.D. and affiliated entityRead the Press Release
ATLANTA – The United States has filed a False Claims Act complaint against Robert C. Burkich, M.D and Preventative Medicine Anti-Aging & Chelation, Inc. (hereinafter, the “Burkich defendants”). The lawsuit alleges that the Burkich defendants were responsible for the submission of false claims to Medicare for medically unnecessary chelation therapy.
“To participate in the Medicare program, healthcare providers must also certify that the services they provide to patients are medically necessary for the health of the patient,” said U. S. Attorney Byung J. “BJay” Pak. “When healthcare providers falsely certify that the services they provide to patients are medically necessary, they deplete the resources available to Medicare beneficiaries that are actually in need of care. In concert with our regulatory and law enforcement partners, we will continue to identify and pursue actors that commit acts of waste, fraud and abuse against the Medicare program.”
OPM-OIG Deputy Assistant Inspector General for Investigations Thomas W. South said, “The OPM-OIG is committed to investigating health care providers that not only waste federal funds but also compromise the health and safety of patients by providing services that are medically unnecessary.”
“We will not allow greed to impede beneficiaries’ access to necessary, quality health 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. “Our agents, working closely with our law enforcement partners, will continue to protect taxpayer dollars and vulnerable recipients of government healthcare programs.”
The United States’ complaint alleges that, between September 2009 and January 2017, Dr. Burkich provided medically unnecessary chelation therapy by, inter-alia, intravenously administering the chelation drug edetate calcium disodium (EDTA) to Medicare beneficiaries who were not suffering from lead poisoning. Chelation therapy is a rarely used treatment that is generally only indicated for individuals suffering from lead poisoning and other forms of heavy metal poisoning (HMP). EDTA, one of the drugs used in chelation therapy, is indicated only as a treatment for lead poisoning and lead encephalopathy.
Lead poisoning is diagnosed by determining whether the patient has had recent exposure to lead, and by testing the patient’s blood lead level (BLL). However, whereas a symptomatic adult patient should only be chelated if she has a significantly heightened BLL (e.g. in excess of 50 mcg/dL), Dr. Burkich allegedly chelated patients with no lead detected in their blood whatsoever, or with only exceedingly low BLLs (e.g., less than 2 mcg/dL).
Dr. Burkich admitted that he left Tennessee and relocated to Georgia because he felt that Tennessee restricted the use of EDTA to patients suffering from lead poisoning, whereas his belief was that Georgia allowed EDTA to be utilized as an experimental treatment for a variety of conditions. Indeed, Burkich allegedly touted and administered EDTA as an effective treatment for a variety of conditions other than lead poisoning, such as heart disease, fatigue and osteoarthritis. However, Medicare does not cover EDTA chelation therapy for alternative and/or experimental uses such as these.
The United States contends that these chelation treatments are contrary to the standard of care and medically unnecessary. EDTA has a black box warning indicating that it “is capable of producing toxic effects which can be fatal.” Its adverse side effects include fever, chills, malaise, fatigue, myalgia, arthralgia, hypotension, cardiac rhythm irregularities, acute necrosis of proximal tubules (which may result in fatal nephrosis), nausea, vomiting, hypercalcemia, tremors, headaches, numbness and others. Inappropriate use of EDTA risks these harms without benefit.
This matter was investigated by Assistant U.S. Attorney Paris Wynn of the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health and Human Services’ Office of Inspector General and the Office of Personnel Management’s Office of the Inspector General.
The claims asserted against the defendants are allegations only and there has been no determination of liability.
The lawsuit is captioned United States v. Robert C. Burkich, M.D., et al., Civil Action No. 1:19-cv-03510 MLB (NDGA 2019).
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Tahlequah Man Sentenced to 60 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jack Dewayne Neugin, age 50, of Tahlequah, Oklahoma, was sentenced to 60 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
The Indictment alleges that on or about April 27, 2018, within the Eastern District of Oklahoma, the defendant, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm – a Hatfield single shot 20-gauge shotgun – and ammunition, which had been shipped and transported in interstate commerce.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.
Tahlequah Man Sentenced to 30 Months for Possession of AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeremiah Raye Post, age 33, of Tahlequah, Oklahoma, was sentenced to 30 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Tahlequah Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about August 16, 2018, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed in and affecting commerce ammunition which had been shipped and transported in interstate commerce.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Jarrod Leaman represented the United States.
Stigler Man Sentenced to 168 Months for Methamphetamine Distribution and 37 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Clinton Shane Strable, age 36, of Stigler, Oklahoma, was sentenced to 168 months’ imprisonment and 5 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A); and to 37 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) on two separate Indictments. The charges arose from an investigation by the Pittsburg County Sheriff’s Office, the Drug Enforcement Administration, the Haskell County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment for federal drug crimes alleged that on or about September 18, 2018, the defendant knowingly and intentionally possessed with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. The second Indictment alleged that on or about April 22, 2018 the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed in and affecting commerce, firearms and ammunition, which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “The investigations and prosecution of the defendant for federal drug and weapons offenses is the result of strong working relationships law enforcement agencies have in the Eastern District. Federal prosecution is not always an option or the best option. However, when it is, this office and the federal law enforcement community is eager to assist local law enforcement agencies in our shared missions to protect the public. This case is a great example of the benefit of working together.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States.
Soldier Creek Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man convicted of Involuntary Manslaughter was sentenced on August 12, 2019, by U.S. District Judge Roberto A. Lange.
Robert Staples, Jr., age 35, was sentenced to 37 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Staples was indicted by a federal grand jury on February 13, 2019. He pled guilty on May 28, 2019.
The conviction stemmed from an incident that occurred on September 14, 2018, when Staples was backing a vehicle out of his driveway in the Soldier Creek community, where children frequently played in the street. Staples struck two children with his vehicle, and one of the children was killed in a grossly negligent manner. Staples further had THC, a compound found in marijuana, in his bloodstream at the time of the wreck.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Staples was immediately turned over to the custody of the U.S. Marshals Service.
Second Former Postal Employee Pleads Guilty to Federal Marijuana ChargeRead the Press Release
HUNTINGTON, W.Va. – A second former postal employee who helped deliver marijuana which was mailed from California to Huntington over a period of several years pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Michael Mason Morton, 54, entered a guilty plea to distribution of marijuana in federal court in Huntington. Stuart commended the investigative efforts of the United States Postal Service Office of Inspector General, the United States Postal Inspection Service, and the West Virginia State Police – Violent Crime and Drug Task Force West.
“Yet another postal employee turned drug dealer,” said United States Attorney Mike Stuart. “The postal employees engaged in this scheme abused their positions, turning postal delivery routes into drug trafficking routes. This was an incredibly egregious, long-term drug networking scheme operating from California to West Virginia. Those involved will be held accountable.”
On March 15, 2018, agents located two parcels containing marijuana at the Huntington Post Office which had been mailed from California. Agents observed Morton load the parcels into his postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington. At that location, Morton provided the parcels to James Waylon Molinaro who arrived in a separate vehicle. A Trooper with the West Virginia State Police subsequently conducted a traffic stop of Molinaro’s vehicle in the 1000 block of 9th Street in Huntington and recovered the parcels. The parcels were found to contain a total of 16 pounds of marijuana.
As part of his plea, Morton admitted that, between 2015 and March of 2018, he conspired with Molinaro, Chris Crookshanks, and others to distribute marijuana in the Huntington area. During the conspiracy, Molinaro acquired marijuana in California and arranged for it to be shipped through the United States mail from California to Huntington. Once the parcels containing marijuana arrived in Huntington, Molinaro paid multiple postal employees, including Morton and Crookshanks who were letter carriers with the postal service, to deliver the parcels on their assigned delivery routes or to meet Molinaro at other locations to provide the parcels to him. Morton admitted that he was responsible for the delivery of up to 80 kilograms of marijuana during his participation in the conspiracy.
Molinaro pled guilty on August 1, 2019, to possession with intent to distribute marijuana based on his involvement in the conspiracy. Molinaro also pled guilty to prohibited possession of a firearm by a convicted felon stemming from an unrelated investigation and is scheduled to be sentenced on November 4, 2019. Crookshanks pled guilty on August 5, 2019, to conspiracy to distribute marijuana and is also scheduled to be sentenced on November 4, 2019.
Morton faces up to 5 years in federal prison when he is sentenced on November 4, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecutions. The plea hearing was held before United States District Judge Robert C. Chambers.
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San Luis Obispo Man Pleads Guilty to Conspiring to Distribute Marijuana on the Dark WebRead the Press Release
FRESNO, Calif. — Daniel McMonegal, 36, of San Luis Obispo, pleaded guilty today to conspiring to distribute a controlled substance, U.S. Attorney McGregor W. Scott announced.
According to court documents, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market. McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a nonprofit medical marijuana cooperative. McMonegal then laundered the bitcoin proceeds of his drug distribution through an undercover agent located in New York. After receiving the bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa. In total, McMonegal distributed approximately 146 kilograms of marijuana in exchange for approximately $476,500 in bitcoin.
This case is the product of an investigation by Homeland Security Investigations (HSI). Assistant U.S. Attorney Grant B. Rabenn is prosecuting the case.
McMonegal is scheduled to be sentenced by U.S. District Judge Lawrence J. O'Neill on Nov. 12. McMonegal faces a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was the product of Operation Dark Gold, a coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the dark web. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on dark web market sites, exchanging U.S. currency for virtual currency. Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets that lead to the arrest and impending prosecution of more than 35 dark net vendors, including McMonegal.
Robber of Jewelry and Gemstones Extradited from Columbia to the United States Sentenced to Prison for ConspiracyRead the Press Release
PITTSBURGH - A Colombian national arrested in Colombia and extradited to Pittsburgh, Pennsylvania, was sentenced today to 33 months in prison in federal court in Pittsburgh for his role in the Hobbs Act robbery of an employee of a New York business that sold jewelry and gemstones.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, Special Agent in Charge Robert Allan Jones of the FBI’s Pittsburgh Field Division and Chief T. Robert Amann for the Northern Regional Police Department in Wexford, Pennsylvania, made the announcement.
Oscar Javier Rodriguez Roa, 36, of Bogota, Columbia, was sentenced to 33 months in prison by Senior U.S. District Court Judge Donetta W. Ambrose. Because Roa will be removed from the United States following the completion of his prison sentence, Judge Ambrose did not order Roa to serve a term of supervised release
According to the plea agreement, Roa, a national and citizen of Colombia who previously resided in Atlanta, Georgia and Harris County, Texas, was a member of a South American theft ring that targeted traveling jewelry salesmen in the United States and elsewhere.
On or about May 5, 2013, Roa and several accomplices drove from Lawrenceville, Georgia to Western Pennsylvania in a rented, grey-colored Nissan Maxima.
On May 8, 2013, in Wexford, Pennsylvania, Roa and three accomplices approached a traveling jewelry salesman from New York City as the salesman exited his car in the parking lot of a Wexford jewelry store. Roa smashed the rear driver’s side window of the salesman’s car with a garden tool, reached inside the car, and stole a black shoulder bag containing approximately $500,000 worth of gemstones and jewelry. One accomplice punctured the rear driver’s side tire of the salesman’s car, a second accomplice kept an eye on the salesman, and the third accomplice drove the Nissan Maxima getaway car. Prior to the robbery, the accomplices obscured the Maxima’s license plate using a vanity plate.
Witnesses to the robbery followed the Nissan Maxima to a church parking lot. After realizing they had been followed, Roa and his accomplices drove to nearby muffler shop where they abandoned the Nissan Maxima and fled on foot to a nearby CVS pharmacy.
CVS pharmacy video surveillance, obtained by law enforcement, showed Oscar Javier Rodriguez Roa and one accomplice entering the store while the two remaining accomplices waited outside. Roa was seen talking on a cell phone as he entered the store, while Roa’s accomplice was seen carrying the black shoulder bag containing the gemstones and jewelry.
Forensic analysis revealed Roa’s fingerprints on the front passenger door of the Nissan Maxima and on a video game console found in the trunk of the car.
Records from the Customs and Border Patrol Agency showed that Roa, who is not a citizen of the United States, fled the United States on May 16, 2013, by boarding a flight in Houston, Texas, destined for Bogota, Columbia.
The investigation of this case was led by the FBI’s Pittsburgh Field Division, with the assistance of the Northern Regional Police Department. The Justice Department’s Office of International Affairs provided significant support with the defendant’s extradition.
Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Charles A. Eberle of the U.S. Attorney’s Office for the Western District of Pennsylvania prosecuted the case.
Robber of Jewelry and Gemstones Extradited from Colombia to the United States Sentenced to Prison for ConspiracyRead the Press Release
A Colombian national arrested in Colombia and extradited to Pittsburgh, Pennsylvania, was sentenced today to 33 months in prison in federal court for his role in the Hobbs Act robbery of an employee of a New York business that sold jewelry and gemstones.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, Special Agent in Charge Robert Allan Jones of the FBI’s Pittsburgh Field Division and Chief T. Robert Amann for the Northern Regional Police Department in Wexford, Pennsylvania, made the announcement.
Oscar Javier Rodriguez Roa, 36, of Bogota, Columbia, was sentenced to 33 months in prison by Senior U.S. District Court Judge Donetta W. Ambrose. Because Roa will be removed from the United States following the completion of his prison sentence, Judge Ambrose did not order Roa to serve a term of supervised release
According to the plea agreement, Roa, a national and citizen of Colombia who previously resided in Atlanta, Georgia and Harris County, Texas, was a member of a South American theft ring that targeted traveling jewelry salesmen in the United States and elsewhere.
On or about May 5, 2013, Roa and several accomplices drove from Lawrenceville, Georgia to Western Pennsylvania in a rented, grey-colored Nissan Maxima.
On May 8, 2013, in Wexford, Pennsylvania, Roa and three accomplices approached a traveling jewelry salesman from New York City as the salesman exited his car in the parking lot of a Wexford jewelry store. Roa smashed the rear driver’s side window of the salesman’s car with a garden tool, reached inside the car, and stole a black shoulder bag containing approximately $500,000 worth of gemstones and jewelry. One accomplice punctured the rear driver’s side tire of the salesman’s car, a second accomplice kept an eye on the salesman, and the third accomplice drove the Nissan Maxima getaway car. Prior to the robbery, the accomplices obscured the Maxima’s license plate using a vanity plate.
Witnesses to the robbery followed the Nissan Maxima to a church parking lot. After realizing they had been followed, Roa and his accomplices drove to nearby muffler shop where they abandoned the Nissan Maxima and fled on foot to a nearby CVS pharmacy.
CVS pharmacy video surveillance, obtained by law enforcement, showed Oscar Javier Rodriguez Roa and one accomplice entering the store while the two remaining accomplices waited outside. Roa was seen talking on a cell phone as he entered the store, while Roa’s accomplice was seen carrying the black shoulder bag containing the gemstones and jewelry.
Forensic analysis revealed Roa’s fingerprints on the front passenger door of the Nissan Maxima and on a video game console found in the trunk of the car.
Records from Customs and Border Protection showed that Roa, who is not a citizen of the United States, fled the United States on May 16, 2013, by boarding a flight in Houston, Texas, destined for Bogota, Columbia.
The investigation of this case was led by the FBI’s Pittsburgh Field Division, with the assistance of the Northern Regional Police Department. The Justice Department’s Office of International Affairs provided significant support in securing the defendant’s extradition.
Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Charles A. Eberle of the U.S. Attorney’s Office for the Western District of Pennsylvania prosecuted the case.
Reserve, Louisiana Resident Charged with Drug Trafficking and Wire Fraud OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that JORDY ROBERTSON, age 37, from St. John the Baptist Parish, Louisiana, was charged on Friday, August 9, 2019 with drug trafficking and wire fraud offenses.
The government filed a two-count bill of information that charged ROBERTSON with wire fraud and conspiracy to distribute cocaine. According to the bill of information, ROBERTSON’s drug trafficking conspiracy ran from at least May of 2017 through January of 2019, and his wire fraud scheme ran from October of 2016 through January of 2019.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted of the drug charges, ROBERTSON faces up to twenty years in prison, followed by at least three years of supervised release, and a fine of up to $1 million. If convicted of the wire fraud charges, ROBERTSON faces up to twenty years in prison, followed by up to three years of supervised release, and a fine of up to $250,000 or twice the gross gain to ROBERTSON or the gross loss to any victims.
The case is set for a pretrial conference on September 26, 2019, and trial on October 15, 2019, before Judge Wendy B. Vitter.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant United States Attorneys Jonathan L. Shih and Nicholas D. Moses are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Portland Man Sentenced to Federal Prison for Butane Hash Oil ExplosionRead the Press Release
PORTLAND, Ore.—Christopher James Hughes, 30, a resident of Portland, Oregon, was sentenced today to eight months in federal prison and three years’ supervised release for endangering human life while illegally manufacturing hash oil, a controlled substance.
According to court documents, on March 7, 2016, Hughes was using compressed butane gas to extract hash oil from marijuana in a shed attached to a residence in Northeast Portland. During the process, an individual in an adjacent room lit a cigarette lighter, igniting an explosion of remnant butane gas. The explosion created a fireball that burned the defendant and the contents and walls of the shed. The blast knocked the shared wall of the shed and residence from its attachment to the ceiling.
At the time of the explosion and fire, three children were inside the residence, including an infant under the age of one. All of the children were safely evacuated and none sustained any physical injuries. Law enforcement seized marijuana, a Pyrex dish containing tetrahydrocannabinol (THC) and dozens of cans of butane gas from the shed.
On February 20, 2019, Hughes pleaded guilty to a single count of endangering human life while illegally manufacturing a controlled substance.
This case was investigated by the Portland Police Bureau’s Drugs and Vice Division and Portland Fire & Rescue’s Arson Unit. It was prosecuted by Peter Sax, Assistant U.S. Attorney for the District of Oregon.
Ponder, Texas Man Sentenced to 53 Months for Transportation of Stolen Vehicle, Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Leon Smith II, age 28, of Ponder, Texas, was sentenced to 53 months’ imprisonment and 3 years of supervised release for Transportation Of Stolen Vehicle, in violation of Title 18 U.S.C. Sections 2312 and 2; and for Felon In Possession Of Firearm, in violation of Title 18 U.S.C. Sections 922(g)(1), 924(a)(2) and 2. Smith was also ordered to pay $205.00 in restitution. The charges arose from an investigation by the Texas Department of Public Safety, the Oklahoma Department of Agriculture, and the Federal Bureau of Investigation.
The Indictment alleged that on November 26, 2017, the defendant unlawfully transported and caused to be transported in interstate commerce a stolen 2001 Dodge Ram pickup truck, from the State of Oklahoma to the State of Texas, knowing the vehicle was stolen. The second count of the Indictment alleged the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed in and affecting commerce two firearms, a Beretta Model A300 Outlander 12 gauge shotgun, and a Remington Model Seven .22-250 caliber rifle.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States.
Pittsfield Businessman Sentenced for $4 Million Conspiracy to Defraud A Credit UnionRead the Press Release
BOSTON – A businessman, who owned and operated five real estate development companies in Pittsfield, was sentenced on Friday, Aug. 9, 2019, in federal court in Springfield for defrauding a credit union.
Jeffrey Pierce, 51, of Pittsfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 20 months in prison, $3,821,616 of forfeiture, and restitution of $877,725 to Greylock Federal Credit Union and $2,901,833 to Fidelity Deposit Company of Maryland. In June 2018, Pierce pleaded guilty to one count of conspiracy to receive money through transactions of a credit union with intent to defraud the credit union and to make false statements to a federal credit union.
Between 2005 and 2008, a former Vice President of Greylock Federal Credit Union (GFCU) authorized approximately $4 million in various loans and modifications to Pierce and his companies in violation of GFCU’s loan policies. By circumventing GFCU’s policies, the Vice President caused GFCU to provide Pierce and his companies with funds far in excess of what Pierce and his companies could reasonably receive or repay. In exchange for improperly authorizing these loans, Pierce agreed to provide - and did provide - the Vice President with $134,773 in check payments from Pierce’s companies derived from GFCU loans that were paid to a front company created by the employee; the free use of a home constructed by one of Pierce’s companies with a GFCU loan; and the free use of a BMW automobile purchased by one of Pierce’s companies with a GFCU loan. Around March 2010, at the Vice President’s direction and for the purpose of influencing the action of GFCU upon the loans, Pierce falsely stated to GFCU that the money paid by his companies to the front company were payments for design work that the Vice President’s wife provided to Pierce’s construction projects.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division, made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office prosecuted the case.
Operation Mountaineer Highway Update: Two New Jersey Men Plead Guilty to Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – Two New Jersey men pled guilty today for their participation in a drug trafficking organization (DTO) in Fayette County, announced United States Attorney Mike Stuart. Fuquan Hagler, 40, of East Orange, New Jersey, entered his guilty plea to conspiracy to distribute oxycodone and Brian Kelley, 46, also from New Jersey, entered guilty pleas to conspiracy to distribute more than 500 grams of cocaine and possession with the intent to distribute more than 500 grams of cocaine. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Two more out-of-state drug dealers held accountable for peddling their poisons in our communities,” said United States Attorney Mike Stuart. “The drug dealers involved in this DTO were wreaking havoc in our southern counties, but we have put them out of business.”
Hagler admitted that in June 2018, he worked with other members of a drug trafficking organization operating between Fayette County, West Virginia and New Jersey to distribute oxycodone pills. Hagler admitted that on June 20, 2018 he was a passenger in car transporting oxycodone pills from New Jersey to West Virginia. It was the plan to deliver the pills to another member of the drug trafficking organization in West Virginia to be redistributed and sold illegally in the Southern District of West Virginia for profit. Prior to delivering the pills to West Virginia, the car Hagler was in was stopped by the Pennsylvania State Police. During the traffic stop, approximately 997 oxycodone pills were recovered. The pills were hidden in a secret compartment, commonly referred to as a trap.
Additionally, Kelley admitted that on July 7, 2018 he was involved in a conspiracy that was transporting controlled substances from New Jersey to the Southern District of West Virginia. Kelley admitted to traveling to a co-defendant’s residence in Fayette County, and picking up over $21,000 in cash for another member of the drug trafficking organization. Police officers later stopped the car Kelley was driving and found over $21,000 in cash and approximately 639 grams of cocaine. Both the cash and the cocaine were found in a hidden electronic compartment.
Hagler faces up to twenty years in prison and a $1,000,000.00 fine. Kelley faces a mandatory minimum period of not less than 5 years and up to 40 years and a $5,000,000 fine. Both men are scheduled to be sentenced on November 7, 2019.
Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman are in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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Operation Mad Hatter Leads to Multiple Arrests in Central ArkansasRead the Press Release
LITTLE ROCK— Fifteen defendants are in custody after a DEA operation led to several arrests this morning as part of a federal drug investigation. Operation Mad Hatter has resulted in the identification of several drug traffickers and the seizure of large quantities of cocaine, ecstasy, methamphetamine, and heroin.
Operation Mad Hatter, run by the Organized Crime Drug Enforcement Task Force, is an ongoing DEA Domestic Cartel Initiative investigation. Today’s arrests follow the unsealing of an indictment of 19 individuals who were charged by a federal grand jury on August 7, 2019. Of those, 15 are now in custody, and law enforcement has made contact with the remaining four defendants. In February 2019, DEA made the first arrests related to Operation Mad Hatter, and today’s arrests stem from activity uncovered during the ongoing investigation. Ten defendants had been arrested throughout the investigation, and the remaining five were arrested this morning, completing this phase of the operation.
During the course of Operation Mad Hatter, investigators have seized 17 kilograms of methamphetamine, 4 kilograms of cocaine, 249 grams of crack cocaine, over 1 kilogram of heroin, over 200 diverted prescription pills, over $107,000 in assets, and numerous firearms.
“The charges in Operation Mad Hatter are an example of the continued pressure we will apply to drug trafficking organizations,” stated Cody Hiland, United States Attorney for the Eastern District of Arkansas. “Protecting our citizens from the violence that surrounds drug trafficking is a top priority for our office, and we appreciate the efforts of our law enforcement partners who were instrumental in carrying out this investigation.”
"These indictments and arrests should serve as a warning and send a clear message—we will relentlessly pursue these violent criminals and drug traffickers plaguing our communities and bring them to justice,” DEA Assistant Special Agent in Charge Justin King said. “These individuals were responsible for infesting our communities with more than drugs—they threatened our citizens with guns and violence. The DEA stands here today with our federal, state, and local law enforcement partners, confident that we have dismantled this violent drug trafficking organization and have made the streets in these communities safer.”
“The U.S. Postal Inspection Service works tirelessly to stop drug trafficking organizations from using the U.S. Mail to transport drugs into our communities,” said U.S. Postal Inspector Mona Hernandez. “Dismantling this organization helps us protect our employees and our customers from the violence related to drug trafficking and is just one example of the great work we can accomplish when we combine forces with our federal, state, and local partners.”
Operation Mad Hatter is a joint investigation between the DEA Little Rock District Office, United States Postal Inspection Service, Pine Bluff Police Department, Jefferson County Sheriff’s Department, Arkansas State Police, Arkansas Community Corrections, Pulaski County Sheriff’s Department, Benton Police Department, Little Rock Police Department, and the Arkansas National Guard Counterdrug Program.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at: http://www.justice.gov/edarTwitter: @EDARNEWS
Odessa Man Pleads Guilty to Federal Child Pornography Production ChargeRead the Press Release
In Midland today, 62-year-old David King pleaded guilty to a federal child pornography production charge, announced U.S. Attorney John F. Bash, F.B.I. Special Agent in Charge Emmerson Buie, Jr., El Paso Division, and Ector County Sheriff Mike Griffis.
Appearing before U.S. Magistrate Judge Ronald Griffin, King admitted that from June 1, 2017, to May 1, 2018, he posed minors engaged in sexually explicit conduct and produced sexually explicit images of those minors using his cell phone. In June 2019, state authorities executed a search warrant in this case at King’s residence. King was arrested after authorities discovered child pornography on several electronic devices inside the residence.
King faces a mandatory minimum term of 15 years and up to 30 years in federal prison. He remains in federal custody. Sentencing, before U.S. District Judge David Counts in Midland, has yet to be scheduled.
This case was investigated by the F.B.I. together with the Ector County Sheriff’s Office and the Texas Department of Public Safety. Assistant U.S. Attorney Glenn Harwood is prosecuting this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
New York Man Sentenced for Conspiracy to Defraud the GovernmentRead the Press Release
United States Attorney Ron Parsons announced that a Brooklyn, New York, man convicted of Wire Fraud, Conspiracy to Defraud the Government, and False Claim was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Manaen Dean Matthews, age 35, was sentenced on July 25, 2019, to 6 and 1/2 years in federal prison, and was ordered to pay a $300 special assessment to the Federal Crime Victims Fund and $523,250.00 in restitution to the Internal Revenue Service.
The conviction stems from Matthews devising a scheme to obtain personal information from individuals living on the Pine Ridge Reservation and elsewhere. In the course of his scheme, Matthews directed several other individuals to obtain personal information from tribal citizens by falsely telling them they would lawfully receive large tax refunds or other government payments. Matthews then used the personal information obtained to knowingly file fraudulent personal income tax returns and falsely reporting earnings from self-employment, when in fact the tribal citizens had not received the income reported on their tax returns and were not due the tax refunds shown on their tax returns.
In all, from 2015 through 2018, Matthews knowingly made false claims against the United States totaling approximately $3,621,770.20 by filing 1,201 fraudulent federal income tax returns. As a result of his fraudulent scheme, Matthews personally obtained $523,250.00.
The investigation was conducted by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Matthews was immediately turned over to the custody of the U.S. Marshals Service.
New Mexico Man Pleads Guilty in Federal Court to Making Bomb Threats to Georgetown TargetsRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Stephen S. Landes, 29, of Roswell, New Mexico, pled guilty today to making interstate bomb threats, before the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. In May 2018, Landes made bomb threats to the Walmart and the Georgetown Elementary School, both in Georgetown, Delaware for the purpose of “swatting” a Delaware resident. “Swatting” involves making hoax emergency calls in order to elicit an armed police response (e.g., from a SWAT team) to harass someone believed to be at the location of the purported emergency. Landes’ sentencing is scheduled for November 27, 2019. Landes faces a maximum penalty of 10 years imprisonment.
According to court documents and statements made in open court, on May 9, 2018, at approximately 1:43 p.m., Landes called the Walmart in Georgetown, Delaware from Roswell, New Mexico. Landes asked to speak with a manager. Landes impersonated a certain resident of Georgetown, Delaware and then stated that he had a bomb and a child hostage in the bathroom. Landes demanded twenty thousand ($20,000) dollars and threatened to blow-up the Walmart if he did not receive the money. Law enforcement from Georgetown Police, Delaware State Police and Delaware Natural Resources Police responded to the Walmart and evacuated the store. K9 units searched the Walmart but did not find any bomb.
A few minutes later, at approximately 1:56 p.m., Landes called Georgetown Elementary School. Landes again claimed to be a certain resident of Georgetown, Delaware and told the person who answered the phone that he had two children buried in his basement and that there was a bomb in the school. School administrators locked down the school and called 911. Law enforcement units from the Delaware State Police and the Georgetown Police Department responded to the elementary school immediately. K9 units searched the school but found no bomb or other threats.
U.S. Attorney Weiss stated, “Bomb threats and swatting calls, especially to schools and highly trafficked retail stores, are designed to cause intense fear. They also necessitate an immediate response from law enforcement, diverting the limited resources of local law enforcement and emergency service agencies away from true emergencies where these agencies are critical to the health and safety of our communities. When these violent threats are directed towards an elementary school, they have a particularly lasting psychological impact on members of our community. My office will vigorously prosecute those who engage in bomb threats, swatting calls and other similar terroristic activity.”
Georgetown Police Chief R.L. Hughes stated, “Stephen Landes’ actions exposed our children and community to fear and a real potential for injury. I am proud of the professional response of our police officers and the exceptional investigation and prosecution by our state and federal partners.”
This case was investigated by the FBI-Baltimore Division’s Wilmington Office with assistance from the Georgetown Police Department and the Delaware State Police and is being prosecuted by Assistant U.S. Attorney Adrienne Dedjinou.
New Haven Man Sentenced to 45 Months in Federal Prison for Firearm and Narcotics OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL DAVIS, also known as “Clep,” “Clip,” and “Michael Smith,” 33, of New Haven, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 45 months of imprisonment, followed by three years of supervised release, for firearm and narcotics offenses.
According to court documents and statements made in court, on December 4, 2018, Davis was told to leave the premises of a New Haven bar after he argued with a bouncer. Davis then went outside, pulled a handgun out of his pants, loaded an extended magazine into the firearm and threatened to shoot the bar owner.
Davis was arrested on December 7, 2018. At the time of his arrest, he possessed distribution quantities of heroin and cocaine. A subsequent search of his vehicle revealed a Smith & Wesson SD 40 handgun.
Davis’s criminal history includes multiple felony convictions for narcotics offenses and a conviction for escape in the first degree. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On April 30, 2019, Davis pleaded guilty to one count of possession of a firearm by a previously convicted felon, and one count of possession of heroin with intent to distribute.
This matter was investigated by the Federal Bureau of Investigation and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Nathaniel Gentile.
Modesto Man Indicted for Growing Marijuana on Public Lands and Damaging Public Lands and Natural ResourcesRead the Press Release
FRESNO, Calif. — On Thursday, Aug. 8, a federal grand jury returned a four-count indictment against Jose Garcia-Zamora, 27, of Modesto, charging him with manufacturing marijuana, conspiring to manufacture marijuana, possessing a firearm in furtherance of a drug‑trafficking crime, and damaging public lands and natural resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, officers located a clandestine marijuana grow site on U.S. Forest Service land in Stanislaus National Forest in Tuolumne County with 2,642 live marijuana plants. On July 26, 2019, law enforcement personnel arrested Garcia-Zamora at the grow site. Garcia-Zamora had a .45 caliber pistol on his person.
This case is the product of an investigation by the U.S. Forest Service. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted of the drug conspiracy and manufacturing offense, Garcia-Zamora faces a mandatory minimum statutory penalty of 10 years in prison up to a maximum penalty of life in prison, and a $10 million fine. The environmental charge carries a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. In addition, Garcia-Zamora may be liable for restitution to the U.S. Forest Service for damage to the land and natural resources as a result of the cultivation activities. The firearms charge subjects Garcia-Zamora 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Michigan Man Pleads Guilty for His Role in Scheme That Defrauded Victims Out of Millions of DollarsRead 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 Leonard Smith, 54, of Clawson, Michigan, pleaded guilty to conspiracy to commit wire fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $769,200 fine.
Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that between May 2010 and July 2015, the defendant conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Smith, who was a financial advisor, solicited investments from his clients at two companies—i2i Capital LLC and i2i Settlement Partners LLC. The companies, which were formed by co-conspirators Christopher Dillon and Gilbert Lynagh, were incorporated in Delaware but listed a business address in Lancaster, NY.
Thereafter, Smith, Dillon, Lynagh, and other members of the conspiracy, caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Smith also misrepresented his compensation regarding the victims’ investments in the companies. The majority of victim funds were utilized by Smith, Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Smith, Dillon, and Lynagh.
Gilbert Lynagh and Christopher Dillon were previously convicted for their roles in the conspiracy.
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.
Sentencing is scheduled for November 18, 2019, at 12:30 p.m. before Judge Arcara.
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Members of the 69ers Motorcycle Club Convicted of Murdering Chapter President of Rival Outlaws Motorcycle ClubRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Christopher Brian Cosimano, a/k/a “Durty,” (31, Gibsonton) and Michael Dominick Mencher, a/k/a “Pumpkin,” (52, Tarpon Springs) guilty of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and related firearms offenses. Cosimano and Mencher face a mandatory penalty of life in federal prison. A sentencing date has not yet been set.
Cosimano and Mencher were indicted, along with three codefendants who later pleaded guilty, on May 22, 2018. Cosimano and Mencher went to trial, which commenced on July 29, 2019.
According to evidence presented at trial, Cosimano and Mencher were members of the 69’ers Motorcycle Club, a criminal organization engaged in acts of violence and narcotics distribution.
In 2017, the 69’ers Motorcycle Club was entangled in an increasingly violent feud with the Outlaws Motorcycle Club. The feud escalated, culminating with the murder of Paul Anderson, President of the Cross Bayou Chapter of the Outlaws Motorcycle Club, on December 21, 2017. On that date, Cosimano, Mencher, and their three codefendants stalked Anderson for several miles down the Suncoast Parkway. Cosimano and Mencher rode their motorcycles with their faces covered and license plates obscured.
After following Anderson for miles, Cosimano and Mencher pulled alongside his truck and shot him repeatedly at the busy intersection of Suncoast Parkway and State Road 54, during rush hour. After the murder, the defendants took steps to cover up the crime, including removing identifying markings from and disassembling their motorcycles.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pasco Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Pinellas County Sheriff’s Office, the St. Petersburg Police Department, and the State Attorney’s Office for the Sixth Judicial Circuit. It is being prosecuted by Assistant United States Attorneys Carlton C. Gammons and Natalie Hirt Adams.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Maryland Man Found Guilty of Assault with Intent to Kill While Armed in November 2017 Near Dupont CircleRead the Press Release
WASHINGTON – Gabriel Sanchez, 27, of Washington, DC, was found guilty by a jury of assault with intent to kill while armed and related assault and firearms charges for shooting a man in November 2017 in Northwest near Dupont Circle. The announcement was made by U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Sanchez was also convicted of witness tampering and obstruction of justice. The verdict, returned late August 2, 2019, followed a trial in the Superior Court of the District of Columbia. The Honorable Juliet McKenna scheduled sentencing for September 27, 2019. Sanchez faces up to 30 years in prison for the charge of Assault with Intent to Kill While Armed.
According to the government's evidence, on November 26, 2017, just after 1:00 a.m., Sanchez was walking in the 1300 block of Connecticut Avenue, where the street and sidewalk were crowded with patrons. The victim was in the passenger seat of a car driving past, and Sanchez took offense to how the victim looked at him and his female companions. The defendant walked quickly to his vehicle parked on Connecticut Avenue, pulled out a handgun, and shot the victim in the face as his car went past. The victim survived but lost his left eye. The defendant got in his car and drove away immediately. In order to conceal his connection to the shooting, Sanchez traded in his car the next day at a Honda dealership and smashed his cell phone with a hammer provided by the car salesman. Sanchez then tried to convince the car salesman not to disclose to the grand jury that Sanchez had smashed his cell phone.
Sanchez was indicted and arrested in January 2018, and has been in custody since that time.
In announcing the verdict, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney's Office, including Assistant U.S. Attorneys Sitara Witanachchi and Ahmed Baset, and Special Assistant U.S. Attorney Raymond Hulser; Paralegal Specialists Antoinette Sakamsa and Alesha Matthews; and Supervisory Litigation Technology Specialist Leif Hickling and Litigation Technology Specialist Thomas Royal.
Manhattan U.S. Attorney Obtains Civil Injunction Against New York City Accountant Barring Him from Organizing, Promoting, or Selling Abusive Tax SheltersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced today that the United States has simultaneously filed and settled a civil injunction lawsuit against MICHAEL N. SCHWARTZ, a certified public accountant in New York City, to permanently enjoin him from organizing, promoting, or selling abusive tax shelters. The tax shelters that SCHWARTZ organized, promoted and sold, exploited foreign currency options contracts and U.S tax rules to generate artificial losses that taxpayers could claim on their tax returns. As part of the settlement, approved on Thursday, August 8, 2019, in Manhattan federal court by U.S. District Judge Vernon S. Broderick, SCHWARTZ agreed to be permanently enjoined from organizing, promoting, or selling any illegal tax shelter.
Manhattan U.S. Attorney Geoffrey S. Berman said: “These illegal tax avoidance schemes cheated the Government out of hundreds of millions of dollars in taxes. This Office will hold accountable those professionals who abuse their expertise to promote this type of fraud on the United States.”
As alleged in the complaint filed with the settlement agreement:
The abusive tax shelter transactions organized, promoted, and sold by SCHWARTZ involved complex foreign currency transactions designed to generate artificial losses. Under these schemes, investors entered into foreign currency options contracts, with long and short positions that largely offset each other. The investors then transferred some or all of the foreign currency options, and, exploiting certain tax rules, purportedly generated large losses without also realizing the offsetting gains. SCHWARTZ’s tax shelters therefore resulted in taxpayers claiming large phony tax losses, though they suffered no real economic loss. All told, more than one hundred taxpayers participated in these shelters, which yielded them over $400 million in purported losses.
As part of the settlement, SCHWARTZ admitted, among other things, that he developed several of these transactions:
- Schwartz admitted that he developed the so-called Deerhurst Trading Strategies transaction (the “DTS Transaction”), which involved the use of foreign currency options contracts in an effort to generate losses that taxpayers could claim on their tax returns through reliance on specific tax rules.
- This transaction was examined by the Tenth Circuit Court of Appeals in Sala v. United States, 613 F.3d 1249 (10th Cir. 2010), which found that the transaction lacked economic substance in light of the fact that the loss generated “was designed to be entirely artificial.” Id. at 1253.
- Schwartz also admitted that he developed the so-called Castle and MM-MNS Transactions (the “Major-Minor Transactions”), which involved the use of foreign currency options contracts in an effort to generate losses that taxpayers could claim on their returns through reliance on specific tax rules.
- One of these transactions was examined by the Sixth Circuit Court of Appeals in Wright v. Commissioner, 809 F.3d 877, 880 (6th Cir. 2016), which found that “[a]lthough these transactions involve large sums of dollars, euros, and krones, [they] appear to have subjected the [taxpayers] to little actual economic risk because the four options in the major-minor transactions offset each other,'' and concluded that "the [taxpayers] appear to have engaged in the major-minor transactions primarily to generate the desired tax loss.” Id. at 884.
In July and August 2015, the IRS assessed penalties against SCHWARTZ pursuant to Section 6707 of the Internal Revenue Code that have been the subject of litigation in the Chapter 7 bankruptcy proceeding In re Schwartz, 15-12746 (MKV) (Bankr. S.D.N.Y.). Through a stipulation approved by the bankruptcy court on June 4, 2019, SCHWARTZ agreed to pay $650,000 to satisfy these penalties, having demonstrated an inability to pay the full amount, and further agreed to be subject to the injunction that is the subject of this district court action.
Mr. Berman thanked IRS for its invaluable assistance in this matter.
The case is being handled by the Office’s Tax and Bankruptcy Unit. Assistant United States Attorneys Mónica P. Folch and Samuel Dolinger are in charge of the case.
Manhattan U.S. Attorney Announces Insider Trading Charges Against Analyst at Investment BankRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that BILL TSAI, an analyst at an investment bank with offices in Manhattan (the “Investment Bank”), was arrested yesterday morning and charged with insider trading. TSAI made profits in connection with options trading based on material, non-public information he misappropriated from the Investment Bank about an impending acquisition of a publicly traded company. TSAI will be presented today in Manhattan federal court before United States Magistrate Judge Henry Pitman.
Manhattan U.S. Attorney Geoffrey S. Berman said: “In April of this year, Bill Tsai made a quick profit by trading options in a publicly traded company he knew was about to be acquired. His profits were not the result of trading acumen, diligent research, or blind luck, but rather, as alleged, the product of theft of confidential information from his employer. For his alleged conduct, he now faces federal securities fraud charges.”
As alleged in the Complaint unsealed today in Manhattan federal court:[1]
In March 2019, the Investment Bank began working to provide financing to a private equity firm headquartered in New York (“Private Equity Firm-1”) on its possible acquisition of a publicly traded company Electronics for Imaging, Inc. (“EFI”). Information relating to the EFI deal, including its existence, was non-public and confidential. As an analyst at the Investment Bank, TSAI was responsible for, among other things, updating a running list of active transactional deals, including mergers and acquisitions, involving clients of the Investment Bank. As such, TSAI had access to files containing material, non-public information, including information about the EFI deal.
In violation of the Investment Bank’s policies and in breach of his duties to the Investment Bank and its clients, TSAI used material, non-public information about Private Equity Firm-1’s pending acquisition of EFI to purchase EFI call options. Specifically, from on or about March 29, 2019 continuing until on or about April 12, 2019, TSAI bought 187 EFI call options, for a total price of approximately $28,410. TSAI purchased the EFI call options through a brokerage account in his own name. Contrary to Investment Bank policies, TSAI did not reveal his trades or the existence of the brokerage account to the Investment Bank.
The public announcement of Private Equity Firm-1’s acquisition of EFI on the morning of April 15, 2019 caused EFI’s shares to increase in value. Indeed, by the close of the market on April 15, 2019, EFI’s stock price had risen to $38 per share, an approximately 29.25% increase from the previous trading day’s close, resulting in an increase in the value of the call options TSAI had purchased. On April 15, 2019, after the morning announcement of the EFI deal, TSAI placed an order to sell all 187 EFI call options he previously purchased. TSAI’s trading activity in EFI options resulted in a profit of approximately $98,750.
TSAI is charged with one count of securities fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
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Mr. Berman praised the investigative work of the FBI and thanked the Securities and Exchange Commission, which has filed civil charges in a separate action.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Robert L. Boone and Gina Castellano are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Mangum Pharmacist Pleads Guilty to Health Care FraudRead the Press Release
OKLAHOMA CITY – JEFFREY SCOTT TERRY, 37, of Mangum, Oklahoma, has pleaded guilty to two felony counts of health care fraud, announced U.S. Attorney Timothy J. Downing and Oklahoma Attorney General Mike Hunter.
According to an indictment filed in March, Terry was a licensed pharmacist who began operating Bratton Drug at 109 S. Oklahoma in Mangum in August 2015. Both the Oklahoma Health Care Authority—which administers Medicaid under the name SoonerCare—and Medicare reimbursed Bratton Drug for prescriptions and pharmaceutical products it dispensed.
The indictment alleged that from August 2015 to September 2018, Terry submitted false claims to SoonerCare and Medicare Part D for drugs that had not actually been prescribed or dispensed to patients.
Today Terry entered a guilty plea before U.S. District Judge Scott L. Palk to one count relating to Medicaid and one count relating to Medicare. The court will consider all of Terry’s fraudulent conduct when it imposes a sentence in approximately 90 days.
In a plea agreement, Terry has acknowledged that he will be ordered to pay restitution to Oklahoma and the federal government for losses sustained by SoonerCare and Medicare. In particular, he has agreed to pay $328,836.18 to SoonerCare and $753,334.13 to Medicare, for a total of $1,082,170.31. He has also agreed to forfeit real property in Greer County and a 2016 Dodge Challenger. The U.S. Attorney’s Office maximized recovery of fraud proceeds by obtaining a civil injunction against the dissipation of assets.
At sentencing, Terry faces up to ten years in prison on each count, in addition to a fine of up to $250,000. He will also be subject to up to three years of supervised release after imprisonment.
These charges are the result of an investigation by the Oklahoma Attorney General’s Office’s Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services—Office of Inspector General, Office of Audit Services. Assistant Oklahoma Attorney General Lory Dewey, who also serves as a Special Assistant U.S. Attorney, and Assistant U.S. Attorney Amanda Green are prosecuting the case. Assistant U.S. Attorneys Amanda Johnson and Ron Gallegos of the U.S. Attorney’s Office’s Civil Division are handling the civil injunctive component of the case.
Reference is made to public filings for further information.
Illegal Alien with History of Driving While Intoxicated Convictions Sentenced to Federal PrisonRead the Press Release
United States Attorney Brandon Fremin announced that United States District Court Judge John W. deGravelles sentenced JESUS MORALES-SANCHEZ, age 35, of Mexico, to serve 37 months in federal prison following his conviction for illegal re-entry into the United States by a removed alien. During the sentencing hearing, the Court cited the defendant’s extensive history of alcohol abuse, including an incident where the defendant’s actions resulted in the death of the passenger of his vehicle.
Morales-Sanchez was encountered by law enforcement on February 15, 2019, after serving one year in the Louisiana Department of Corrections for driving while intoxicated – third offense. Prior to his release from custody, an agent with Immigration and Customs Enforcement (“ICE”) confirmed that the defendant was a citizen of Mexico, with no legal status to reside or work in the United States, who had been previously removed from the United States on April 21, 2011. The defendant’s criminal history includes convictions for vehicular homicide and driving while intoxicated.
U.S. Attorney Fremin stated, “This office will not tolerate those who enter our nation illegally and break laws intended to keep our communities safe. We will continue to hold accountable those illegal aliens who enter this country and disregard the rule of law. I want to thank our prosecutor, and the federal, state, and local law enforcement agencies who brought this offender to justice.”
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana and U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations. This case was prosecuted by Assistant United States Attorney Jessica Jarreau.
Huntington Man on Parole Pleads Guilty to Possessing FirearmRead the Press Release
HUNTINGTON, W.Va. - A Huntington man, Zachary Whitmore, 28, pled guilty today for being a felon in possession of a firearm, announced United States Attorney Mike Stuart.
On November 1, 2018, a Trooper with the West Virginia State Police assisted West Virginia Division of Corrections Probation and Parole with locating a parolee. Whitmore was found walking on a street in Huntington. Officers found a 22 Magnum American Arms Revolver in his pocket. Whitmore was prohibited from possessing a firearm under federal law because of a 2015 felony conviction for Entering without Breaking and Conspiracy in Cabell County, West Virginia.
Whitmore faces up to 10 years in prison when he is sentenced on November 25, 2019.
The West Virginia State Police and the West Virginia Division of Corrections Probation and Parole conducted the investigation. United States District Judge Robert C. Chambers presided over the plea hearing. Stephanie S. Taylor prosecuted the case on behalf of the United States.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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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Honduran National Charged with Illegal ReentryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that PEDRO MANOLO ARAGON-HERNANDEZ, age 39, a citizen of Honduras, was charged on Thursday, August 8, 2019 in a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326.
According to the bill of information, PEDRO MANOLO ARAGON-HERNANDEZ reentered the United States in or about 2004, after having been previously removed therefrom on or about December 20, 2001.
If convicted, PEDRO MANOLO ARAGON-HERNANDEZ faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Border Patrol, Customs and Border Protection in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
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