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Wednesday 26 June 2019
Houston Man Found Guilty of Methamphetamine ConspiracyRead the Press Release
Gulfport, Miss. – David Quevedo Martinez, 40, of Houston, Texas, was found guilty by a jury in federal court today of conspiring to possess with intent to distribute 500 grams or more of methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Brad L. Byerley with the Drug Enforcement Administration. U.S. District Judge Louis Guirola, Jr. presided over the three-day trial.
Trial testimony revealed that Martinez sold numerous kilograms of methamphetamine to co-conspirators in Houston, Texas. Those co-conspirators brought the methamphetamine back to the Mississippi Gulf Coast and distributed it throughout Gulfport and Moss Point.
Martinez will be sentenced on September 18, 2019, by Judge Guirola, and faces a maximum penalty of life in prison and a $10,000,000 fine.
The case was investigated by the Drug Enforcement Administration and the Pasadena, Texas Police Department. It was prosecuted by Assistant U.S. Attorneys Kathlyn R. Van Buskirk and John Meynardie.
Hartford Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ORLANDO SOTO, 27, of Hartford, pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of possession of a firearm by a previously convicted felon.
According to court documents and statements made in court, on July 9, 2018, Hartford Police arrested Soto after a search of a vehicle Soto was using revealed a duffle bag containing three loaded handguns, 276 wax sleeves containing fentanyl, approximately 11 grams of crack cocaine, and a digital scale. Two of the three handguns had been reported stolen.
Soto’s criminal history includes felony firearm, narcotics and larceny convictions.
Soto has been detained since his arrest.
Sentencing is scheduled for October 16, 2019, at which time Soto faces a maximum term of imprisonment of 10 years.
This matter is being investigated by the FBI’s Northern Connecticut Violent Crimes Gang Task Force and the Hartford Police Department. The case is being prosecuted by First Assistant U.S. Attorney Leonard C. Boyle and Assistant U.S. Attorney Lauren C. Clark.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Husband of Ayudando Guardians CEO Pleads Guilty to Conspiracy to Defraud the United States and to Commit Money LaunderingRead the Press Release
ALBUQUERQUE – William S. Harris, 58, of Albuquerque, N.M. pleaded guilty in federal court yesterday to conspiracy to defraud the United States and to commit money laundering in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation based in Albuquerque that previously provided guardianship, conservatorship, and financial management to hundreds of people with special needs.
Harris pleaded guilty to charges in a superseding indictment previously filed on December 5, 2017. The superseding indictment also charged his wife, Susan K. Harris, 72, his stepson, Craig M. Young, 53, and another co-owner of the business, Sharon A. Moore, 64, with various financial crimes, including conspiracy, mail fraud, aggravated identity theft, and money laundering.
In Harris’s plea agreement, he admitted to acting in concert with his co-defendants to cheat the United States government out of money and property from November 2006 to July 2017. Harris admitted that he knew that Moore was siphoning payments to clients from the Department of Veterans Affairs and Social Security Administration and using the money to benefit herself, Harris, and their co-conspirators. Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit.
Harris also admitted to his involvement in a money laundering scheme. Harris acknowledged using an Ayudando corporate credit card for personal expenses, knowing that it would be paid for with client money. He also admitted his role in a loan application for the stated purpose of expanding the Ayudando business with the actual intent of using the money to “pay back” clients whose money they took without authorization.
The terms of Harris’s plea agreement require him to serve 84 months in prison. He also agreed to forfeit assets and funds derived from his offenses and to pay restitution to the victims. The other three co-defendants are scheduled to go to trial on September 23, 2019. Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
Grant and Hardy County residents indicted for fentanyl distributionRead the Press Release
ELKINS, WEST VIRGINIA – Five people were indicted by a federal grand jury sitting in Elkins on June 18, 2019 for fentanyl, heroin, and methamphetamine distribution, United States Attorney Bill Powell announced.
Melanie Lyn Outen, of Petersburg, West Virginia, was indicted on one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl,” and one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl.” Outen, age 47, is accused of distributing more than 40 grams of fentanyl and a detectable amount of methamphetamine in Jefferson County in April 2019.
Ted Alexander Voss, of Petersburg, West Virginia, was indicted on one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl,” one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl,” and one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Voss, age 29, is accused of distributing more than 40 grams of fentanyl in April 2019 in Jefferson County and distributing methamphetamine in May 2019 in Berkeley County.
Dennis James Miller, of Moorefield, West Virginia, was indicted on one count of Conspiracy to Possess with the Intent to Distribute Fentanyl,” one count of “Distribution of Methamphetamine,” two counts of “Distribution of Heroin,” and one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Miller, age 43, is accused of distributing more than 40 grams of fentanyl in April 2019 in Jefferson County, distributing methamphetamine in April and May 2019 in Grant and Berkeley Counties, and distributing heroin in April and May 2019 in Grant County.
Michael Dean Smith, of Petersburg, West Virginia, was indicted on one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl” and one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Smith, age 49, is accused of distributing more than 40 grams of fentanyl in April 2019 in Jefferson County and distributing methamphetamine in May 2019 in Berkeley County.
Jared Judy, of Petersburg, West Virginia, was indicted on one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl” and one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Judy, age 29, is accused of distributing more than 40 grams of fentanyl in April 2019 in Jefferson County and distributing methamphetamine in May 2019 in Berkeley County.Each defendant faces at least five years and up to 40 years incarceration and a fine of up to $5,000,000 for the conspiracy count. Outen and Voss also face at least five years and up to 40 years incarceration for the aiding and abetting count. Miller, Smith, and Judy face up to 20 years incarceration and a fine of up to $1,000,000 for each distribution count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The West Virginia State Police and the Charles Town Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Ghanaian National Indicted on Federal Charges for Perpetrating Romance and Precious Metal Scams Against Older VictimsRead the Press Release
CHARLOTTE, N.C. – A federal grand jury sitting in Charlotte indicted Suleman Alhassan, 36, a Ghanaian national residing in Charlotte, on wire and mail fraud conspiracy and mail fraud changes, for perpetrating romance and precious metal scams totaling more than $1,000,000 against older victims, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. The criminal indictment was unsealed in federal court today, following Alhassan’s arrest.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service, and John Eisert, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Charlotte join U.S. Attorney Murray in making today’s announcement.
According to allegations contained in the indictment, beginning in or about March 2016, Alhassan and his unindicted co-conspirators operated a romance scheme based, in part, in Ghana and in Charlotte. The indictment alleges that Alhassan and his co-conspirators, using fake identities, used online dating websites and other methods to target potential fraud victims, who were frequently elderly, with false promises of a romantic relationship. As part of the scheme and in addition to developing fake romantic relationships with the victims, Alhassan and others falsely claimed to own large quantities of gold located in Ghana and falsely told victims that the victims needed to send funds via wire transfer services, money orders, and in cash to Alhassan and his co-conspirators to help ship the gold from Ghana to the United States, or to another foreign country, where the gold could be sold. The indictment further alleges that Alhassan and his co-conspirators falsely told the victims that they would receive a share of the profits when the gold was sold or brought into the United States.
According to the indictment, Alhassan and his co-conspirators further induced victims to send funds under the guise of securing travel documents for the person with whom the victim believed to be in a romantic relationship. To induce the victims to send even more money, Alhassand and his co-conspirators used fictitious problems, including problems with travel visas, customs related issues, etc. The indictment alleges that Alhassan and his co-conspirators continued to call, text, and e-mail the victims and insist that additional payments be made for new fees, until the victims either ran out of money or discovered the fraudulent nature of the scheme. The indictment alleges that the total loss associated with the scheme is more than $1,000,000.
Alhassan made his initial appearance in federal court this morning, before U.S. Magistrate Judge David S. Cayer. The mail and wire fraud conspiracy charge and each mail fraud charge carry a maximum prison term of 20 years and a $250,000 fine.
The details contained in this indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
USPIS and HSI are leading the investigation. Assistant United States Attorney Jenny G. Sugar, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
In March 2019, Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced the Office’s Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: /usao-wdnc/elder-justice-initiative
Georgia Resident Used Counterfeit Credit Cards and IDs to Obtain Cash AdvancesRead the Press Release
PITTSBURGH – A Georgia resident pleaded guilty in federal court on Tuesday to a charge of bank fraud, United States Attorney Scott W. Brady announced today.
Khambrel Coleman, 33, of Johns Creek, Georgia, pleaded guilty to one felony count before United States District Judge Joy Flowers Conti.
According to the information presented to the Court, Coleman unlawfully used and attempted to use counterfeit credit cards and identification cards to fraudulently obtain cash advances from November 2016 through February 3, 2017. During one such transaction, he used a credit card number belonging to a Pittsburgh resident to fraudulently obtain a cash advance from a Citizens Bank Branch in Shadyside, Pittsburgh.
Judge Conti scheduled sentencing for Oct. 23, 2019. The law provides for a maximum sentence of 30 years in prison, a fine of $1,000,000 or both. 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.
Pending sentencing, the court released Coleman on bond.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The United States Secret Service conducted the investigation leading to the indictment in this case.
Gaffney Man Accused of Shooting S.C. Highway Patrolman Indicted on Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that William Bernard Wright, a/k/a “Willie” Wright, a/k/a “Quentin Mitchell,” age 31, of Gaffney, who has been accused of shooting a South Carolina Highway Patrolman on June 2, 2019, was charged in federal court in a one-count indictment for being a felon in possession of a firearm and ammunition.
“Violence against law enforcement will not be tolerated in our state,” said U.S. Attorney Lydon. “Officers put their lives on the line to keep our communities safe every single day. Our commitment to them is that when they are met with violence, we will hold offenders accountable. We are grateful to ATF, SLED, the Sixteenth Circuit Solicitor’s Office, and Solicitor Brackett for their assistance and critical work in this matter.”
The indictment alleges that on June 2, 2019, Wright was in possession of a FN Herstal, model Five-Seven, semi-automatic pistol and various rounds of 5.7 x 28mm ammunition. At the time of the possession, federal law prohibited Wright from possessing a firearm or ammunition based upon at least one prior felony conviction.
According to a Criminal Complaint filed in federal court on June 6, 2019, it is alleged that on June 2, 2019, Trooper Paul A. Wise with the South Carolina Highway Patrol was on routine patrol in York County when he observed Wright operating a vehicle without a seatbelt. When Trooper Wise attempted to initiate a traffic stop, Wright fled and failed to stop for blue lights. When Wright reached a dead end, he exited the vehicle, drew a firearm, and discharged at least 12 rounds. Trooper Wise was struck in his ballistic vest in the chest area and sustained other injuries to the right side of his neck. Trooper Wise then exited his vehicle and returned fire, striking Wright. Trooper Wise ordered Wright to the ground and called for backup.
Wright faces a maximum sentence of 10 years in federal prison, a fine of $250,000, and 3 years of supervised release on the federal indictment. If the court determines enhanced penalties apply based on the Wright’s prior criminal record, Wright may face a mandatory minimum sentence of 15 years in federal prison and a maximum of life, a fine of $250,000, and 5 years supervised release. The Sixteenth Circuit Solicitor’s Office has also indicted Wright on state charges related to this incident.
The charge against Wright was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the South Carolina Law Enforcement Division (SLED). The case is being prosecuted by Assistant United States Attorney Elliott B. Daniels of the Columbia office.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Lydon stated that all charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until proven guilty.
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ecf_1-_willie_wright_criminal_complaint.pdf ecf_4-_willie_wright_indictment.pdfFultondale Doctor Charged with Additional Counts of Prescribing Controlled SubstancesRead the Press Release
BIRMINGHAM – A federal grand jury yesterday issued a 135-count second superseding indictment charging a Fultondale doctor with 31 additional counts of dispensing controlled substances without a legitimate medical purpose, announced U.S. Attorney Jay E. Town, Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris, and FBI Special Agent in Charge Johnnie Sharp, Jr. The doctor was previously charged in November 2018 with conspiracy to prescribe controlled substances and participating in a healthcare fraud conspiracy with a Demopolis pharmacist and a Tuscaloosa sales representative.
The prior indictment charged PAUL ROBERTS, M.D., 46, of Fultondale, AL, with multiple counts of conspiring and dispensing controlled substances without a legitimate medical purpose. The drugs Roberts prescribed include Adderall, a drug used to treat attention deficit hyperactivity disorders, Suboxone, a drug used to treat opioid addiction, and oxycodone, an opioid. The indictment also charged Roberts with prescribing oxycodone to an individual in exchange for sexual favors. The second superseding indictment charges Roberts with prescribing oxycodone, hydrocodone, and other controlled substances to another individual. According to the indictment, Roberts directed that individual to complain of fabricated physical ailments in order to obtain controlled substances, and solicited explicit photographs from the individual. The indictment also charges Roberts with prescribing controlled substances without a legitimate medical purpose to the individual and various other individuals.
As in the prior indictment, Roberts is also charged with participating in a healthcare fraud conspiracy and scheme that involved delegating responsibility for seeing patients with opioid addictions to staff such as his X-ray technician and office manager, but billing Blue Cross Blue Shield of Alabama as though he personally saw the patients. The indictment also charges Roberts, along with STANLEY F. REEVES, 60, of Demopolis, AL, a pharmacist and owner of F&F Drugs, and BRETT TAFT, 45, of Tuscaloosa, AL, with defrauding third-party administrators of health insurance plans of over $10.5 million in fraudulently billed compounded drugs. Reeves is also charged with making false statements to federal agents and with tampering with a witness, and both Reeves and Taft are charged with spending the proceeds of health care fraud.
“The U.S. Attorney’s Office and our law enforcement partners will continue to aggressively pursue doctors who demonstrate such blatant disregard for their patients’ well-being, and to prosecuting individuals who defraud the healthcare insurance plans that exist to help the citizens of this district pay for healthcare,” Town said. “Dope dealers sometimes wear a white coat.”
“DEA is fully committed to the pursuit of any individual who abandons their oath as a medical professional,” Morris said. “We will continue to work with our law enforcement partners, the medical community and the public to identify and stop those responsible for endangering lives in our communities and bring them to justice.”
The maximum penalty for the dispensing controlled substances charges is 20 years in prison and a $1,000,000 fine. The maximum penalty for health care fraud and conspiracy charges is 10 years in prison and a $250,000 fine. The maximum penalty for the false statement charge is five years in prison and a $250,000 fine. The maximum penalty for the witness tampering charge is 20 years in prison and a $250,000 fine. The maximum penalty for the spending proceeds of healthcare fraud charge is 10 years in prison and a $250,000 fine.
DEA and FBI investigated the cases, which Assistant U.S. Attorneys Austin Shutt and Chinelo Dike-Minor are prosecuting.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
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Former police officer convicted of enticement of a minorRead the Press Release
SAVANNAH, GA: A former Richmond Hill police officer faces substantial prison time after his conviction in federal court for luring teen girls to meet him for sex.
A federal jury convicted Jeffrey Allen Allmond Jr., 25, of Richmond Hill, of one count of coercion and enticement of a minor, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Allmond faces a mandatory minimum sentence of 10 years to life in prison and must register as a sex offender after his release. There is no parole in federal prison.
Evidence presented at trial revealed that Allmond, then a police officer, met two girls, ages 15 and 16, via the Tinder dating app. Allmond then communicated with the girls through Snapchat and arranged to pick them up in the middle of the night outside the gate of Fort Stewart, where the two lived on post. Allmond then drove the teens back to his apartment and performed sexual acts on both of them. Later that night, Allmond returned the girls to the Fort Stewart gate. Allmond continued communicating with the girls through Snapchat and met up with them twice more at his apartment where he performed sexual acts on them.
The Richmond Hill Police Department asked the Georgia Bureau of Investigation (GBI) to investigate the case and terminated Allmond after initial charges were filed. The U.S. Army Criminal Investigation Division (CID) provided assistance during the investigation.
“This repugnant crime victimized the children of active-duty military personnel while disgracing the badge of a law enforcement officer,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Hard time in federal prison awaits those who would engage in such despicable behavior.”
“We are glad that we were able to assist our fellow law enforcement agencies in bringing this individual to justice,” said Chris Grey, spokesman for the U.S. Army Criminal Investigation Command. “We strive every single day to do everything possible to protect our soldiers, civilians and family members.”
“This law enforcement officer violated his oath of office by preying upon minors he swore to protect,” said GBI Director Vic Reynolds. “No one is above the law. The protection of innocent victims is a priority in the state of Georgia.”
“This conviction validates our department’s actions in immediately suspending, and then terminating, Allmond when the allegations came to our attention,” said Richmond Hill Police Chief Mitch Shores. “We take such betrayals of the public trust very seriously, and gave full assistance to the agencies that investigated and prosecuted this case.”
Assistant U.S. Attorney Tania Groover prosecuted the case for the United States.
Former San Francisco Deputy Sheriff Convicted of Scheme to Defraud Insurance CompanyRead the Press Release
SAN FRANCISCO – Former San Francisco Deputy Sheriff April Myres was convicted today by a federal jury of mail and wire fraud, announced United States Attorney David L. Anderson and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The guilty verdict followed an eight-day jury trial before the Honorable Richard Seeborg, U.S. District Judge.
The jury concluded Myres, 55, of San Francisco, filed a false insurance claim in which she asserted she was the victim of a home burglary in which, among other things, her San Francisco Sheriff’s Department (SFSD)-issued firearm was stolen. Evidence at trial showed that Myres reported a burglary of her home to the San Francisco Police Department on March 25, 2016. She claimed numerous items were stolen, including the firearm, her SFSD-issued radio, and numerous luxury goods. After making the report, Myres repeatedly refused to cooperate with the investigation.
Then, in May 2016, Myres filed an insurance claim under her homeowner’s policy. In her claim, Myres stated that the SFSD-issued firearm, the SFSD-issued radio, and the luxury goods had been stolen. Myres asserted in her insurance claim that she was entitled to over $67,000 in reimbursement for all of the items stolen.
An investigation by the FBI revealed that Myres made numerous false statements in her insurance claim. The evidence showed that while she had been working at the San Francisco County Jail, Myres had carried on a romantic relationship with an inmate, Antoine Fowler. Immediately after Fowler was released from custody in January 2016, he went to Myres’ house where he lived until March 24, 2016, the morning of the claimed burglary, when he moved out after a late-night dispute with Myres.
Following its investigation into Myres and Fowler, the FBI arrested Fowler on February 2, 2017, and found in his possession Myres’ SFSD-issued firearm. Fowler had an extensive criminal record and Myres had accused him of stealing from her. Still, Myres did not disclose to the San Francisco Police Department, the SFSD, the FBI, or the insurance company the relationship she had with Fowler, nor the fact that he had been living with her. In addition, Myres told the insurance company she had no suspects in the burglary and no estranged boyfriends who might have been responsible.
In addition, the evidence demonstrated Myres made numerous false statements about the items she claimed had been stolen. For example, she falsely claimed she owned the SFSD-issued firearm and SFSD-issued radio that she said had been stolen, and provided false details about the purchase prices and locations to bolster her claim. She also made false statements about items that had been stolen, including claiming that three items – a Louis Vuitton purse, Gucci boots, and a fox fur vest – were stolen, when all three of these items were located in her house when the FBI conducted a search in February 2017.
“The U.S. Attorney’s office will vigorously pursue law enforcement officers like Myres who abuse their positions of trust, especially when motivated by the sort of greed and avarice seen in this case,” said U.S. Attorney David L. Anderson. “The defendant not only lied repeatedly to profit from a so-called burglary, but allowed her service firearm to remain in the possession of a dangerous criminal for almost a full year.”
The investigation began when the FBI learned that Myres and Fowler were having a relationship while Fowler was an inmate in the San Francisco County Jail and that Fowler had made it known that he would be getting a firearm from Myres upon his release from custody.
On April 11, 2017, a federal grand jury indicted Myres and Fowler. In connection with her false claim to the insurance company, the grand jury charged Myres with one count each of mail fraud, in violation of 18 U.S.C. § 1341, and wire fraud, in violation of 18 U.S.C. § 1343. In addition, the grand jury charged Myres with misprision of a felony, in violation of 18 U.S.C. § 4, for deliberately concealing from law enforcement that Fowler had her firearm. In today’s verdict, the trial jury found Myres guilty of the wire fraud and mail fraud counts and acquitted her of the misprision of a felony charge.
Judge Seeborg ordered Myres’ sentencing hearing to take place in October 2019. The maximum statutory penalty for both the mail fraud and wire fraud counts is 20 years imprisonment, five years of supervised release, and a fine of $250,000. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. Myres was released on a $1,000,000 secured bond and remains out of custody pending sentencing.
For his part in the events, the grand jury charged Fowler with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Fowler pleaded guilty to the charge on May 14, 2019, at a hearing in which he stated Myres gave him her firearm. Fowler was released on a $50,000 bond and remains out of custody pending sentencing. Judge Seeborg scheduled a status hearing regarding Fowler’s sentencing for July 16, 2019. The maximum statutory penalty for felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), is 10 years imprisonment, three years of supervised release, and a fine of $250,000. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Laura Vartain and Nicholas Walsh are prosecuting the case with the assistance of Helen Yee, Kimberly Richardson, Margoth Turcios, Sutton Pierce, and Ian Meader. The prosecution is the result of an investigation by the FBI.
Former Nebraska Business Owners Sentenced to Prison for Conspiring to Commit Bank FraudRead the Press Release
United States Attorney Joe Kelly announced that Charles F. Martin, 57, of Bellevue, Nebraska, and Sherri L. Atkins, 59, of Omaha, Nebraska, were sentenced today in federal court for conspiracy to commit bank fraud. Chief United States District Court Judge John M. Gerrard sentenced Martin to 33 months’ imprisonment to be followed by 3 years of supervised release. Atkins received a sentence of 18 months’ imprisonment to be followed by 3 years of supervised release. Both were ordered to pay restitution in the amount of $4,634,803.
During an investigation conducted by Agents with the Federal Bureau of Investigation and U.S. Postal Inspection Service it was determined that from 2010 to 2013, Martin and Atkins, owners of IROCK Concrete, LLC, a business formerly located in Gretna, Nebraska, repeatedly submitted materially false and fraudulent financial statements and business records to multiple local financial institutions in the District. The false financial documents included overstated accounts receivable reports and sales invoices reflecting fictitious invoice numbers, inflated sales amounts, and fabricated deliveries of concrete. Martin also provided the financial institutions multiple personal financial statements which over reported $1,800,000 in personal assets. Martin and Atkins provided the false financials in an effort to obtain and maintain at least five loans that had been made to IROCK and other associated entities. Once the loans were approved, both Martin and Atkins used at least some of the funds for personal expenses, such as car payments and credit card charges. Loans extended based on the fraudulent conduct totaled more than $12 million dollars, resulting in losses exceeding $4.6 million dollars to the local financial institutions.
This case was investigated by the Federal Bureau of Investigation and the U.S. Postal Inspection Service.
Former Credit Union President Sentenced for EmbezzlementRead the Press Release
TOPEKA, KAN. – A former president of a credit union in Topeka was sentenced today to three years on supervised release, said U.S. Attorney Stephen McAllister. In addition, the defendant agreed to pay approximately $39,895 in restitution.
Connie Marie Kent, 52, Topeka, Kan., pleaded guilty to one count of theft from a credit union. In her plea, she admitted the crime occurred while she was an officer and employee of 1st Kansas Credit Union, formerly the Post Office Credit Union. Membership in the credit union was limited to government employees.
McAllister commended the Topeka Police Department and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Florida Company Barred from Using Experimental Stem Cell Drugs on PatientsRead the Press Release
A federal court ordered a Florida company claiming to offer stem cell treatments to stop selling or providing such products to patients, the Justice Department announced yesterday.
In a complaint filed May 9, 2018, the United States alleged that defendants Kristin Comella, US Stem Cell Clinic Inc., and US Stem Cell LLC, of Sunrise, Florida, marketed “stromal vascular fraction” (SVF) products as stem-cell-based treatments for a host of serious conditions and diseases, including Parkinson’s disease, spinal cord injuries, stroke, and traumatic brain injury. According to the complaint, the defendants made such claims without approval by the Food and Drug Administration (FDA) and without proof of safety and efficacy. On June 3, District Judge Ursula Ungaro of the Southern District of Florida granted the government’s motion for summary judgment and denied a similar motion by the defendants, finding that the SVF products must comply with the Food, Drug, and Cosmetic Act (FDCA). On June 25, the Court entered a permanent injunction barring the defendants from selling or providing SVF products absent FDA approval.
“Clinics that purport to treat patients with unproven, experimental products must follow the law,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work with the FDA to ensure that manufacturers of experimental therapies conduct their research within the safe and legal bounds for drug innovation.”
“The Food, Drug, and Cosmetic Act is designed to protect the public health, and we are pleased that the Court found that the defendants in this instance are not exempted from FDA regulation,” said U.S. Attorney for the Southern District of Florida Ariana Fajardo Orshan. “This Office will continue our efforts to safeguard the public and individuals and corporations should be guided by this ruling and ensure that they comply with FDA standards.”
In ruling on summary judgment, the Court found that the defendants’ SVF product, which they manufactured from patients’ adipose (fat) tissue, was a drug subject to the FDCA. The Court further found that the defendants’ drug was misbranded because it did not bear adequate directions for use, and adulterated because the defendants did not comply with current good manufacturing practice (CGMP) in manufacturing the drug. The complaint alleged that the defendants and their affiliates used their unapproved and unlicensed products on thousands of patients and that, in some cases, adverse events that harmed patients followed treatment with the SVF products. According to the complaint, no credible scientific evidence supported the claims the defendants made that their products cure, mitigate, or prevent the conditions they purportedly treated.
“In the case against US Stem Cell Clinic, the clinic and its leadership put patients at serious risk through their disregard of the law and prior FDA warnings. This injunction is an important step in protecting patients from bad actors,” said Acting FDA Commissioner Ned Sharpless, M.D. “We are committed to continuing to pursue actions against those who put patients in harm’s way by marketing unapproved stem cell products that skirt FDA’s regulations and federal law.”
The matter is being handled by Trial Attorney Roger J. Gural of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney James A. Weinkle of the U.S. Attorney’s Office for the Southern District of Florida and Associate Chief Counsel for Enforcement Michael Helbing of the U.S. Department of Health and Human Services’ Office of General Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit its website at https://www.justice.gov/usao-sdfl.
Final Two Co-Defendants in Khalil Smith Case Sentenced to 26 and 12+ Years in PrisonRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Hasan Chaney, 30, of Philadelphia, PA was sentenced to 312 months’ imprisonment (26 years), and Braheim Ballard, 39 of Philadelphia, PA was sentenced to 155 months’ imprisonment (12 years, 9 months), both by U.S. District Judge Mitchell Goldberg. Both defendants were members of an extremely violent criminal organization led by Khalil Smith, who was sentenced to life plus 207 years’ imprisonment in November 2018.
As part of the group’s conspiracy, they planned to commit armed robberies and kidnappings of people who they believed were selling drugs. Their goal was to steal drugs, drug proceeds, and other items of value, or obtain ransom for the release of their kidnapping victims. Members of the conspiracy conducted surveillance of their victims and tracked their victims using GPS devices. They also used police scanners to monitor police radio during the commission of their crimes to evade detection and apprehension by law enforcement. In October 2017, Chaney was found guilty at trial for his participation in one incident with this gang, the Mayfair Street kidnapping, and Ballard was found guilty at trial for his participation in one incident, the Leas Way home invasion robbery in Hatfield, PA.
Members of the organization, including Chaney and Ballard, also used firearms and/or brute physical force to facilitate the commission of the robberies, kidnappings and carjackings, specifically to threaten, intimidate, and subdue the victims. They also occasionally dressed as police officers as a means to fool their victims. They shot and threatened to shoot their victims and physically restrained them with handcuffs, zip ties, electrical cords, and shoelaces and held them captive, at times, for several hours. They even went so far as to “waterboard” and pour boiling water on the genitals of some of their victims, which is what occurred during the Mayfair Street kidnapping incident on the 700 block of Mayfair Street in Philadelphia.
“Motivated by their mutual desire for drugs, money, and power, Chaney and Ballard eagerly enlisted as members of this ruthless, violent gang,” said U.S. Attorney McSwain. “This crew resorted to torture, extreme violence, intimidation, and even impersonation of law enforcement to dominate their victims and terrorize Philadelphia and the surrounding towns. Because of the dedicated work of prosecutors and law enforcement working this case for many years now, these two defendants will join the rest of their co-conspirators spending a long time where they belong – in prison. The facts of this case are an excellent example of why violent crime is an ever-present priority for my Office.”
“Key components of ATF’s mission are the reduction of violent crime and providing a positive, lasting impact on the community. The lengthy sentences that were handed down to all of these defendants are an enormous victory in the battle against violent crime for ATF. This victory is shared with our law enforcement partners, and more importantly, with the citizens of Philadelphia,” said ATF Special Agent in Charge Donald Robinson. “These sentences serve as a very strong message to violent home invasion crews who would seek to prey on our communities - ATF will continue to pursue you and see that you are held accountable for the crimes you commit. We appreciate the cooperation of all of our federal, state and local partners, and are especially appreciative of the invaluable partnership and dedication of the United States Attorney’s Office.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the ATF, the Philadelphia Police Department and various other local police departments throughout the Eastern District of Pennsylvania and the District of New Jersey. It is being prosecuted by Assistant United States Attorneys Salvatore L. Astolfi and Jeanine Linehan.
Federal Jury Convicts Five Members of the Conservative Vice Lords Concrete Cartel Gang for RICO Conspiracy, Armed Pharmacy Robberies, and Drug Conspiracy ChargesRead the Press Release
Memphis, TN – After a three-week trial involving a total of 74 witnesses and more than 120 exhibits, a federal jury found five members of the Conservative Vice Lords Concrete Cartel criminal gang guilty of conspiracy to participate in racketeering activities, multiple armed pharmacy robberies, and drug trafficking conspiracy. U.S. Attorney D. Michael Dunavant announced the guilty verdict today.
On May 31, 2018, a federal grand jury returned a 34-count indictment against 12 members of the Concrete Cartel, a subset of the Conservative Vice Lords criminal gang whose headquarters is located in Chicago. The Concrete Cartel and its members operate mainly in Memphis, Shelby County, Tennessee and North Mississippi. The indictment charged a RICO conspiracy, 10 separate Hobbs Act business robberies, and multiple counts of brandishing and discharging firearms during the commission of those crimes of violence. The indictment also charged conspiracy to possess with the intent to distribute multiple controlled substances that were obtained as proceeds in the robberies. According to information presented in court, the members of the Concrete Cartel targeted and committed armed robberies of multiple CVS and Walgreens pharmacies, obtaining thousands of opioids for redistribution to members of their organization as well as the public to enrich themselves and the gang enterprise.
Seven of the twelve members previously pled guilty to the RICO conspiracy and other crimes charged. The five members who went to trial and were found guilty were high-ranking leaders in the organization, and included:
• Nernest Andre Nesby a/k/a/ "Neno," 25
• Markease Tyshawn Alexander a/k/a/ "Citi," 26
• Davante Levert Turner a/k/a/ "Star," 26
• Tondwin Tierre Lewis a/k/a "T-Luey," 26
• Ariq Rayford a/k/a/ "Curry," 22One of the defendants was a Tennessee statewide leader and another was a citywide leader in the Conservative Vice Lords Concrete Cartel gang. The remaining defendants were branch leaders in the organization, claiming areas in East Memphis, Orange Mound and Whitehaven. This federal prosecution and guilty verdict is the result of an extensive investigation which began in 2015 by federal, state and local law enforcement officials into the criminal gang enterprise, and entailed the recovery or seizures of thousands of opioids and other controlled substances before the defendants distributed the drugs on the streets.
The defendants were found guilty on a total of 29 of the 34 charged counts. All of the defendants were found guilty of the RICO conspiracy and other charges in the indictment.
U.S. Attorney D. Michael Dunavant said, "Dismantlement of criminal gangs is a top priority of this office and the Department of Justice, and this case represents the collaborative efforts of federal, state, and local law enforcement to target and remove several significant violent leaders and participants in the Conservative Vice Lords organization. We are taking the fight to the gangs in West Tennessee, we are successfully punishing gang members for their criminal activity, and we are relentless in our resolve."
Sentencing will be set on a later date before U.S. District Court Judge Thomas L. Parker. Each of the defendants faces possible sentences of up to 20 years for each of the RICO conspiracy, Hobbs Act business robbery, and drug conspiracy counts, as well as consecutive mandatory minimum sentences of 7 years for brandishing a firearm and 10 years for discharging a firearm during a crime of violence.
This case was investigated by the FBI’s Safe Streets Task Force and the Multi-Agency Gang Unit (MGU) of the Memphis Police Department and the Shelby County Sheriff’s Office.
Assistant U.S. Attorneys Kevin Whitmore and Raney Irwin are prosecuting this case on behalf of the government.
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Federal Indictments Charge 14 Members of San Pedro-Based Street Gang Who Trafficked Narcotics out of Bars and a HotelRead the Press Release
LOS ANGELES – As part of a joint federal-state law enforcement action targeting the Rancho San Pedro street gang, authorities this morning unsealed two federal grand jury indictments that charge 14 members and associates of the gang with narcotics and firearms offenses.
The main federal indictment, which charges 13 defendants, outlines a narcotics trafficking conspiracy in which gang members and their associates allegedly distributed methamphetamine, heroin, cocaine and opioids, while using violence and firearms to maintain their drug trafficking territory. The drugs – including up to one-pound quantities of methamphetamine – allegedly were often sold out of a hotel and two bars on Pacific Avenue in San Pedro.
During this morning’s takedown, four of the federal defendants were arrested. Seven other defendants were already in state custody, and federal prosecutors will seek to have them brought into federal court. Three defendants are fugitives. Another 10 members and associates of the gang were arrested this morning pursuant to local charges.
The narcotics trafficking indictment alleges that the Rancho San Pedro street gang operates under the control of the Mexican Mafia and often engaged in violence and intimidation in an effort to protect its territory. The gang collected “taxes” from drug transactions, and this money was funneled to three Mexican Mafia members who are currently serving lengthy sentences in state prisons for murder convictions.
The lead defendant in the drug trafficking indictment – 32-year-old Robert “Stretch” Messersmith – allegedly oversaw the day-to-day operations of the gang and communicated with the incarcerated Mexican Mafia members about gang business. Messersmith also directly participated in narcotics transactions, according to the indictment.
The indictment specifically accuses the defendants of participating in a series of narcotics transactions in 2017 and 2018, including a half-dozen sales involving 1 to 2 ounces of methamphetamine. The indictment also alleges several sales involving from one-half pound to one pound of methamphetamine.
Communications intercepted by law enforcement during the investigation link certain members of the gang to murders, attacks on rival gang members and the disciplining of fellow gang members, one of whom allegedly bragged on social media about engaging in gang-related violence.
During the investigation into the gang, law enforcement seized approximately 45 firearms, including semi-automatic rifles and handguns.
The narcotics-trafficking indictment contains 26 felony counts. All 13 defendants are charged in a conspiracy to possess and distribute controlled substances. Various defendants are charged with substantive narcotics-trafficking offenses, and three defendants are charged with being felons in possession of firearms. If they were to be convicted in the narcotics-trafficking conspiracy, all 13 defendants would face potential life sentences in federal prison.
The second federal indictment charges one member of Rancho San Pedro – gang shot caller Alexander Gallardo, 31 – with possessing ammunition after being convicted of a domestic violence offense, a charge that carries a statutory maximum penalty of 10 years in federal prison.
The four defendants taken into federal custody this morning are expected to be arraigned on the indictments this afternoon in United States District Court in downtown Los Angeles.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The two federal indictments and the local cases against members and associates of the Rancho San Pedro gang are the result of an investigation by the Los Angeles Police Department and the Drug Enforcement Administration. The Bureau of Alcohol, Tobacco, Firearms and Explosives provided substantial support during the investigation.
This case is being prosecuted by Assistant United States Attorney Joseph Axelrad of the Violent and Organized Crime Section.
Fayette County Man Pleads Guilty to Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – A Fayette County man who sold heroin to an informant and possessed heroin, fentanyl, and methamphetamine pled guilty to federal drug charges, announced United States Attorney Mike Stuart. Jason Dean Treadway, 37, of Fayetteville, entered a guilty plea to distribution of heroin and possession with intent to distribute 50 grams or more of methamphetamine and quantities of heroin and fentanyl. Stuart commended the investigative efforts of the Central West Virginia Drug Task Force (CWVDTF).
“Heroin. Fentanyl. Meth. Guns,” said United States Attorney Mike Stuart. “Treadway’s residence was a regular drug den. Our drug task forces do phenomenal work in ridding our communities of dangerous drug dealers like Treadway.”
On January 14, 2019, Treadway sold heroin to an informant at his Deepwater Mountain Road residence in Fayetteville. On January 15, 2019, members of the CWVDTF executed a search warrant at the residence and seized 446 grams of methamphetamine, 89.59 grams of heroin, 90.82 grams of fentanyl, and three handguns. Treadway’s girlfriend, Jessica Hall, 29, was also charged with distribution of heroin and fentanyl and possession with intent to distribute methamphetamine, heroin, and fentanyl. She pled guilty in May 2019 to possession with intent to distribute 50 grams or more of methamphetamine and quantities of heroin and fentanyl. Treadway faces 5 years to 60 years when he is sentence on October 3, 2019. Hall faces 5 to 40 years in federal prison when she is sentenced on September 11, 2019.
Assistant United States Attorney Joshua C. Hanks is handling the prosecution. United States District Judge Irene C. Berger presided over the plea hearing.
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El Salvador National Charged with Posting Child Pornography on Facebook and Illegally Reentering the United States after DeportationRead the Press Release
RIVERSIDE, California – A Salvadoran national who was deported from the United States in 2003 after being convicted of sexually abusing a child was indicted today by a federal grand jury on charges that he illegally reentered the United States and then posted child pornography on Facebook.
José Ramón Aguilar-Moreno, 50, who recently has been living in Fontana, has been charged with four felonies: distribution of child pornography, possession of child pornography, failure to register as a sex offender, and being an illegal alien found in the United States following deportation.
Aguilar-Moreno was arrested on June 13 pursuant to a criminal complaint previously filed in this case. His arraignment is scheduled for July 5 in United States District Court in Los Angeles.
Aguilar-Moreno illegally entered the United States in 1986 and in 1995 he applied for relief from removal and requested asylum in the United States, according to an affidavit filed with a criminal complaint in the case. In 2000, Aguilar-Moreno was granted relief from deportation and asylum in the United States by the Immigration and Naturalization Service, the affidavit states.
In August 2002, Aguilar-Moreno was convicted in San Bernardino County Superior Court of committing lewd and lascivious acts on a minor, for which he was sentenced to one year in state prison. In 2003, Aguilar-Moreno was booked into federal custody and was removed from the United States to El Salvador.
In June 2018, Aguilar-Moreno, then residing in Fontana, allegedly knowingly distributed three videos depicting child pornography. Aguilar-Moreno used an alias, “Abel Aguilar,” and posted the videos on Facebook, which later notified the National Center for Missing and Exploited Children, court documents allege.
If convicted of all charges, Aguilar-Moreno faces a statutory maximum sentence of 80 years in federal prison. He faces a mandatory minimum sentence of 15 years in federal prison on the distribution of child pornography charge and a 10-year mandatory minimum sentence on the child pornography possession charge.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This matter was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Marshals Service.
This case is being prosecuted by Assistant United States Attorney Eli A. Alcaraz of the Riverside Branch Office.
Columbia County Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – James Brady, age 68, of Philmont, New York, pled guilty yesterday to distributing and possessing child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Brady admitted to using a desktop computer equipped with peer-to-peer file-sharing software to download and distribute child pornography. Overall, Brady downloaded and retained more than 200 videos and images depicting child pornography.
Sentencing is scheduled for November 12, 2019 before Senior United States Judge Thomas J. McAvoy. Brady, who is detained pending sentencing, faces at least 5 years and up to 20 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Brady will also be required to register as a sex offender upon his release from prison.
This case was investigated by the New York State Police and the FBI, and is being prosecuted by Assistant United States Attorney Sahar L. Amandolare.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Coeur d’Alene Couple Sentenced to Federal Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
COEUR D’ALENE – Christine Ruth Turner, 43, and her husband, Joshua A. Turner, 40, both of Coeur d’Alene, were sentenced to federal prison for conspiracy to distribute methamphetamine, U.S. Attorney Bart M. Davis announced today. Senior U.S. District Judge Edward J. Lodge sentenced Christine Turner to 71 months in prison and Joshua Turner to 60 months in prison. Judge Lodge also ordered that each serve five years of supervised release after serving their prison sentences.
According to court records, the Turners worked together to sell pounds of methamphetamine in the Coeur d’Alene area. The Turners purchased the methamphetamine in Spokane and transported it back to Idaho to sell. Investigators discovered the conspiracy and were able to make several controlled purchases of methamphetamine from the Turners. On September 7, 2018, officers pulled over a vehicle containing Christine Turner and located 889.07 grams of pure methamphetamine. Josh Turner was arrested later that same day at his home, where officers found an additional 135 grams of pure methamphetamine.
This case was investigated by the Drug Enforcement Administration, Idaho State Police, and the Coeur d’Alene Police Department.
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Citizen of Mexico Pleads Guilty and Is Sentenced for Using False Identification DocumentsRead 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 Eusebio Chavez-Islas, 58, of Mexico, pleaded guilty before Senior U.S. District Judge William M. Skretny to fraud and misuse of visas, permits, and other documents. The defendant was then sentenced to time served and turned over to the custody of Immigration and Customs Enforcement (ICE).
Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that on March 26, 2019, ICE officers received a request for assistance from the Orleans County Sheriff’s Office at 3282 Transit Road in Albion, NY. Once they arrived, ICE officers encountered Chavez-Islas, and determined through record checks that he was a citizen of Mexico, illegally present in the United States.
Subsequent investigation determined that the defendant was working at Nesbitt Brothers, LLC. On April 18, 2019, Homeland Security Investigations (HSI) agents obtained a Form I-9 from Nesbitt Fruit Farms, the owner of Nesbitt Brothers, LLC. The Form I-9 had a photocopy of a fraudulent social security card which was provided by Chavez-Islas for purposes of his employment.
On April 30, 2019, the fraudulent social security card that the defendant used for his employment was seized by agents during the execution of a search warrant at 3282 Transit Road in Albion. The card depicted the name “Eusebio Chavez.” A check of Social Security Administration records revealed that the social security card that Chavez-Islas possessed contained a valid social security number which was not assigned to the defendant.
The plea and sentencing are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Orleans County Sheriff’s Office, under the direction of Sheriff Randy Bower; and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.
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Charlotte Woman Is Arrested for Preparing False Tax Returns and Obstructing A Federal Investigation by Intentionally Setting Fire to Tax RecordsRead the Press Release
CHARLOTTE, N.C. – A federal grand jury sitting in Charlotte indicted Andrivia Wells, also known as Tina Smith, Tina Harris, Andrivia Smith, and Andrivia Harris, 52, of Charlotte, on June 20, 2019, on charges of aiding and assisting in the preparation of fraudulent tax returns for her clients, filing false tax returns for herself in 2013 through 2017, failing to file a 2018 tax return for herself, and obstructing the criminal investigation by the Internal Revenue Service (“IRS”) by destroying records, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. The criminal indictment was unsealed in federal court today, following Wells’ arrest.
Matthew D. Line, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI) joins U.S. Attorney Murray in making today’s announcement.
According to allegations contained in the indictment, beginning in at least 2011 and continuing through June 2019, Wells owned and operated Rush Tax Services, a return preparation business with multiple locations in Charlotte. The indictment alleges that through Rush Tax Service, between 2013 and 2017, Wells prepared, or caused to be prepared, more than 6,000 tax returns. Rush Tax Services received over $1.2 million in fees from her clients. The tax preparation fees were taken directly from the clients’ tax refunds and in many cases the clients were unaware of how much they were being charged, which was frequently more than $500.
According to allegations in the indictment, Wells prepared income tax returns for clients for 2013 through 2016 that claimed false filing statuses, false American Opportunity and education credits, false Schedule C businesses, and false fuel tax credits, in order to inflate refunds paid by the IRS. The indictment also alleges that, in addition to filing fraudulent income tax returns for her clients, Wells falsified her own income tax returns by underreporting the fees she earned in her tax preparation business for tax years 2014, 2015, 2016, and 2017, and in 2018, she failed to file any tax return with the IRS. In addition, her 2012 through 2017 tax returns also falsely claimed American Opportunity credits and fuel tax credits, and the incorrect filing status.
The indictment further alleges that after being notified she was the subject of a criminal investigation and after being served a summons for records of Rush Tax Service, on the very day the summons response was due, which was May 15, 2017, a fire was intentionally set at Rush Tax Service’s Beatties Ford Road location. The fire destroyed client files, financial records, and computer hardware.
Wells was arrested yesterday and made her initial appearance in federal court today before U.S. Magistrate Judge David S. Cayer. Each count of aiding and assisting the filing of false tax returns and filing false tax returns for herself carries a maximum prison term of three years. The failure to file charge carries a maximum sentence of one year. The statutory penalty for destroying records is a maximum of no more than 20 years in prison.
The details contained in this indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
IRS-CI is leading the investigation. The U.S. Attorney’s Office in Charlotte is in charge of the prosecution.
Buffalo Man Arrested for Cashing Counterfeit and Altered Checks at Local Banks and Credit UnionRead 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 Nilo Arnaldo Pena Delgado, 32, of Buffalo, NY, with four counts of bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the indictment, on March 19, 2019, the defendant cashed four counterfeit or altered checks at financial institutions in the Western New York area, including:
• a check in the amount of $21,500.05, payable to the defendant, drawn on an ESL Federal Credit Union checking account owned by Victim 1;
• a check in the amount of $2,853.20, payable to the defendant, drawn on a Lake Shore Savings Bank checking account owned by Victim 2;
• a check in the amount of $3,613.83, payable to the defendant, drawn on a Lake Shore Savings Bank checking account owned by Victim 3; and
• a check in the amount of $2,713.81, payable to the defendant, drawn on a KeyBank checking account owned by Victim 4.
Delgado victimized four businesses for a total of $30,680.89.The defendant was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The indictment is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, with assistance from the Genesee County Sheriff’s Office and the Town of Tonawanda Police Department.
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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Bronx Man Convicted in Manhattan Federal Court of 2014 MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JASON POLANCO, a/k/a “Jin,” a/k/a “Wolfman,” was found guilty today of the August 31, 2014, murder of Shawn Ross, a/k/a “S.B.,” on Decatur Avenue in the Bronx, as well as participating in a narcotics conspiracy, a robbery conspiracy, the robbery of a Citgo gas station in the Bronx, and the discharge of a firearm in connection with the Citgo robbery. A jury convicted POLANCO today on all six counts of the Indictment following a one-week trial before U.S. District Judge Paul A. Engelmayer.
Manhattan U.S. Attorney Geoffrey S. Berman said: “This morning, a unanimous jury found that Jason Polanco is a drug dealer, a robber, and a killer. We hope that the family of Shawn Ross finds a measure of justice in today’s verdict. We thank the NYPD, ATF, and DEA for their outstanding work on this case, and for their invaluable partnership with our office.”
According to the allegations contained in the Indictment and the evidence presented in court during the trial:
On August 31, 2014, POLANCO shot and killed Shawn Ross, a/k/a “S.B.,” in connection with POLANCO’s membership in a drug crew that controlled drug sales on Decatur Avenue between 194th and 195th Streets in the Bronx. This drug crew was responsible for distributing over a kilogram of heroin, as well as quantities of marijuana, from at least 2011 through 2015. In 2014 and 2015, POLANCO and other members of the crew also committed a string of armed robberies of businesses across Manhattan and the Bronx, including the robbery of a Citgo gas station on Pelham Parkway in the Bronx. During the Citgo robbery, POLANCO carried a loaded firearm, which he fired just feet away from a customer.
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POLANCO, 29, was found guilty of one count of participating in a conspiracy to distribute and to possess with intent to distribute one kilogram and more of heroin and quantities of marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(A), 841(b)(1)(D), and 846, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life; one count of murder through the use of a firearm, in violation of 18 U.S.C. § 924(j), which carries a mandatory minimum sentence of five years in prison and a maximum sentence of life; one count of murder while engaged in a narcotics offense, in violation of 21 U.S.C. § 848(e), which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life; one count of participating in a conspiracy to commit Hobbs Act robberies, in violation of 18 U.S.C. § 1951, which carries a maximum sentence of 20 years in prison; one count of committing a Hobbs Act robbery, in violation of 18 U.S.C. § 1951, which carries a maximum sentence of 20 years in prison; and one count of discharging a firearm in connection with the robbery, in violation of 18 U.S.C. § 924(c)(1)(A)(iii), which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Drug Enforcement Administration.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Celia V. Cohen, Danielle R. Sassoon, and Gina Castellano are in charge of the prosecution.
Bridgeport Heroin Trafficker Sentenced to 14 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that HARRY BLAKE, also known as “Harry-O” and “O,” 37, of Bridgeport, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 168 months of imprisonment, followed by four years of supervised release, for trafficking heroin.
According to court documents and statements made in court, in 2015, the FBI’s Bridgeport State Streets Task Force, Bridgeport Police Department and Connecticut State Police Statewide Narcotics Task Force initiated an investigation into several heroin distributors operating in Bridgeport. The investigation, which included court-authorized wiretaps, controlled purchases of heroin and physical surveillance, revealed that Kareem Roseboro, also known as “Swiss,” was supplying heroin to other distributors, including Blake. Roseboro, Blake and others used the Stylz Barbershop, located on State Street in Bridgeport, as a hub for their narcotics distribution activity.
Between March and July 2015, investigators made multiple controlled purchases of heroin, and on one occasion, crack cocaine, from Blake.
During the course of the investigation, investigators seized multiple “bricks” of heroin, items used in the processing and packaging of heroin, and five firearms. A brick of heroin contains 100 individual dose bags.
On June 6, 2016, a grand jury in Bridgeport returned an eight-count indictment charging Blake, Roseboro and five other Bridgeport residents with heroin trafficking offenses. The seven defendants were arrested on June 7, 2016. An eighth defendant was added in a superseding indictment.
Blake has been detained since his arrest. On October 31, 2018, a jury found him guilty of one count of conspiracy to possess with intent to distribute 100 grams or more of heroin.
Blake’s criminal history dates to 1999 and includes state convictions for firearm, drug, assault, threatening and larceny offenses.
Roseboro pleaded guilty to related offenses and awaits sentencing.
This matter was investigated by the FBI’s Bridgeport Safe Streets Task Force and the Bridgeport Police Department, with the assistance of the Drug Enforcement Administration, Connecticut State Police, Stratford Police Department, Stamford Police Department and the Trumbull Police Department K-9 Unit. The case is being prosecuted by Assistant U.S. Attorneys Alina M. Reynolds and H. Gordon Hall.
Boston Man Indicted for Firearm PossessionRead the Press Release
BOSTON – A Boston man was charged in federal court in Boston with being a felon in possession of a firearm and ammunition.
Christian Teixeira, 33, was indicted today on one count of being a felon in possession of a firearm and ammunition.
According to charging documents, on May 2, 2019, while in Fall River, Teixeira was found in possession of a KAHR PM9, 9mm semi-automatic handgun, and 26 rounds of 9mm ammunition. Teixeira has a prior felony conviction that prohibits him from possessing firearms or ammunition.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Bristol County District Attorney Thomas M. Quinn; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Fall River Police Chief Albert Dupere made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Billings man sentenced on firearms crime after hiding pistol under child’s car seatRead the Press Release
BILLINGS—A Billings man who was convicted of illegally possessing a firearm after he attempted to hide a semi-automatic pistol under a child’s car seat was sentenced today to two years in prison and to three years of supervised release, said U.S. Attorney Kurt Alme.
Justin John Kraft, 44, pleaded guilty in February to being a prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
Kraft was charged after a traffic stop on June 29, 2018 by a Billings Police officer. Kraft was a passenger in the car and a child was in a car seat. Court records filed in the case said that as the officer approached the car, he noticed Kraft attempt to push something under the child’s car seat. A second officer who also responded noticed a pistol grip under the child’s car seat. Both officers drew their service weapons and ordered everyone out of the car. The firearm under the car seat was a 9mm semi-automatic pistol with a partially obliterated serial number.
Kraft told investigators he had purchased the gun for $200 from a kid off the street and that serial number was removed when he bought it. Kraft was prohibited from possessing firearms because of a felony drug conviction in Yellowstone County in 2011.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Attorney General’s Advisory Subcommittee on Native American Issues Meets to Discuss Violent Crime in Indian CountryRead the Press Release
Attorney General William P. Barr’s Advisory Subcommittee on Native American Issues (NAIS) convened this week during the U.S. Attorney’s National Conference in Washington, D.C., to discuss a wide range of justice issues affecting Indian Country, announced U.S. Attorney Trent Shores, Chair, and U.S. Attorney Kurt Alme, Vice Chair.
“The Native American Issues Subcommittee is focused on reducing violent crime against women and children in Indian Country, including missing and murdered indigenous persons,” said U.S. Attorney Trent Shores. “I am thankful for Attorney General Barr’s leadership on these issues. He understands the law enforcement and jurisdictional challenges faced by Native Americans and Alaska Natives. We look forward to working with him and with our federal, tribal, state and local partners to find viable solutions that will improve public safety in Indian country.”
On Tuesday, the NAIS met with Tara Katuk Mac Lean Sweeney, Assistant Secretary of Indian Affairs, Department of the Interior, and discussed cross-agency collaboration in order to provide more responsive and effective justice services to Indian Country. They further discussed Indian Country case investigations, case intake and tracking databases, and tribal law enforcement resource allocation. The NAIS also reviewed President Trump’s priorities for Indian Country justice. Those priorities include protecting Native American children in the Indian Health Services system, collaboration among Department of Justice, the Department of the Interior, and tribal law enforcement agencies, reducing violent crime, and providing services to help victims to overcome trauma.
On Wednesday, Trent Shores, NAIS Chair and U.S. Attorney for the Northern District of Oklahoma, moderated a panel titled Murdered and Missing Indigenous Women: A Crisis in Urban America & Indian Country. Panelists included Charles Addington, Director of the Office of Justice Services, Bureau of Indian Affairs; Kurt Alme, U.S. Attorney for the District of Montana; Tracy Toulou, Director of the Office of Tribal Justice; Laura Rogers, Acting Director of the Office on Violence Against Women; and Bryan Vorndran, Deputy Assistant Director of the FBI. The panel discussed the development and implementation of protocols to investigate murdered and missing indigenous persons and how to more accurately measure the scope of the problem in both urban America and Indian Country in order to develop strategies to address it.
In August, the subcommittee is scheduled to reconvene in Indian Country in New Mexico.
The NAIS consists of the approximately 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes. The subcommittee focuses exclusively on Indian Country issues, both criminal and civil, and makes policy recommendations to the Attorney General regarding public safety and legal issues that impact tribal communities.
The NAIS is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime.
Attorney General’s Advisory Subcommittee on Native American Issues Meets to Discuss Violent Crime in Indian CountryRead the Press Release
WASHINGTON – Attorney General William P. Barr’s Advisory Subcommittee on Native American Issues (NAIS) convened this week during the U.S. Attorney’s National Conference in Washington, D.C., to discuss a wide range of justice issues affecting Indian Country, announced U.S. Attorney Trent Shores, Chair, and U.S. Attorney Kurt Alme, Vice Chair.
“The Native American Issues Subcommittee is focused on reducing violent crime against women and children in Indian Country, including missing and murdered indigenous persons,” said U.S. Attorney Trent Shores. “I am thankful for Attorney General Barr’s leadership on these issues. He understands the law enforcement and jurisdictional challenges faced by Native Americans and Alaska Natives. We look forward to working with him and with our federal, tribal, state and local partners to find viable solutions that will improve public safety in Indian country.”
“In my first months as U.S. Attorney for the Western District of Washington, I am working to accomplish my goal of visiting leaders of all 25 federally recognized tribes in the Western District, to hear their concerns about law enforcement in Indian Country and the important working relationship with federal law enforcement,” said U.S. Attorney Brian T. Moran. “As part of the Native American Issues Subcommittee, I am pleased be able to represent those voices here at DOJ, and I look forward to upcoming visits to gather input from additional tribal partners.”
On Tuesday, the NAIS met with Tara Katuk Mac Lean Sweeney, Assistant Secretary of Indian Affairs, Department of the Interior, and discussed cross-agency collaboration in order to provide more responsive and effective justice services to Indian Country. They further discussed Indian Country case investigations, case intake and tracking databases, and tribal law enforcement resource allocation. The NAIS also reviewed President Trump’s priorities for Indian Country justice. Those priorities include protecting Native American children in the Indian Health Services system, collaboration among Department of Justice, the Department of the Interior, and tribal law enforcement agencies, reducing violent crime, and providing services to help victims to overcome trauma.
On Wednesday, Trent Shores, NAIS Chair and U.S. Attorney for the Northern District of Oklahoma, moderated a panel titled Murdered and Missing Indigenous Women: A Crisis in Urban America & Indian Country. Panelists included Charles Addington, Director of the Office of Justice Services, Bureau of Indian Affairs; Kurt Alme, U.S. Attorney for the District of Montana; Tracy Toulou, Director of the Office of Tribal Justice; Laura Rogers, Acting Director of the Office on Violence Against Women; and Bryan Vorndran, Deputy Assistant Director of the FBI. The panel discussed the development and implementation of protocols to investigate murdered and missing indigenous persons and how to more accurately measure the scope of the problem in both urban America and Indian Country in order to develop strategies to address it.
In August, the subcommittee is scheduled to reconvene in Indian Country in New Mexico.
The NAIS consists of the approximately 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and makes policy recommendations to the Attorney General regarding public safety and legal issues that impact tribal communities.
The NAIS is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime.
Arkansas Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – An Arkansas man pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Justin Rogers, 37, of Mountain View, Arkansas, pled guilty to possessing 146.75 grams of methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime. The investigation was conducted by the Jackson County Sheriff’s Department and the Drug Enforcement Administration.
“If you’re not from West Virginia but are bringing crime, drugs and trouble to this good state, you’re not welcome in West Virginia,” said United States Attorney Mike Stuart. “Troublemakers and hoodlums need not bring their dastardly deeds here and, if they do, they’ll get what they deserve if they catch my attention. We’re working with our law enforcement partners to prosecute bad guys and to put them behind bars as long as possible.”
Rogers admitted that on November 2, 2018, he possessed a 12 gauge Hatfield shotgun, and a Springfield .45 caliber ACP pistol. He admitted he carried and used the firearms in part to protect himself, his drugs, and his drug proceeds. He admitted he possessed the firearms and drugs in his truck in Kenna, Jackson County, West Virginia.
Rogers faces five years up to life in prison when he is sentenced on October 3, 2019.
United States District Judge Irene C. Berger presided over the plea hearing. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Aliquippa Man Charged with Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH - A resident of Aliquippa, PA, has been indicted by a federal grand jury on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The six-count Indictment named Omar Jamal Griffin, Jr., 20, as the sole defendant.
According to Indictment, Griffin possessed and distributed cocaine base, a Schedule II controlled substance, on multiple occasions. The Indictment further alleged that Griffin possessed a firearm in furtherance of these crimes and that Griffin was prohibited from possessing a firearm due to a prior conviction.
The law provides for a maximum total sentence of not more than 95 years in prison, a fine not to exceed $4,500,000 or both. 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.
Special Assistant United States Attorney Chad R. Parks is prosecuting this case on behalf of the government.
The Drug Enforcement Agency 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.
Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Alan B. Johnson sentenced JAMES MICHAEL FREY , 28, of Cheyenne, Wyoming on June 24, 2019 for access with intent to view child pornography. Frey was arrested in Cheyenne, Wyoming. He received forty-one months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $5000.00 and a $100.00 special assessment. The Wyoming Division of Criminal Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced DARREN SCOTT HARTWIG, 34, of Cheyenne, Wyoming on June 25, 2019 for access with intent to view child pornography. Hartwig was arrested in Cheyenne, Wyoming. He received sixty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $5000.00 and a $100.00 special assessment. The Wyoming Division of Criminal Investigation investigated this case.
20 Individuals Charged in Eight IndictmentsRead the Press Release
FORT WAYNE – United States Attorney Thomas L. Kirsch and Federal Bureau of Investigation Special Agent In Charge Grant Mendenhall in coordination with Fort Wayne Chief Steve Reed, Allen County Sheriff David Gladieux and Indiana State Police Superintendent Doug Carter announce charges in 8 indictments unsealed today.
These indictments focused on a number of drug distribution charges, with 20 individuals charged across the 8 indictments. Twelve (12) search warrants were also executed this morning in greater Fort Wayne as part of law enforcement efforts to arrest the indicted individuals.
In these indictments the following charges are alleged:
Jennifer Mendoza, age 24, and Luiza Gunn a/k/a Luiza Eldridge, age 26, both of Fort Wayne were each charged in a three (3) count indictment alleging the distribution of fentanyl.
Ivan Acosta a/k/a Ivan Acosta-Soto, age 35, and Juan Hernandez-Ortega, age 31, both of Fort Wayne were charged in a three (3) count indictment alleging the distribution of methamphetamine.
Ubaldo Peralta-Soto, age 25, of Indianapolis; Clemente Cortez, age 45, of Fort Wayne; and Nestor Luna-Lugo, age 34, of Fort Wayne were charged in a four (4) count indictment alleging conspiracy to distribute cocaine as well as the distribution of cocaine.
Juvenal Cervantes-Cruz, age 25, of Red Bluff, CA along with Christian Diaz, age 22, and Jesus Sanchez, Jr, age 21, both of Fort Wayne were charged in a five (5) count indictment alleging the distribution of marijuana, possessing a firearm in furtherance of a drug trafficking crime and providing a residence for the storage and distribution of narcotics.
Fredi Garcia-Gamez, age 33, Miguel Navarrete-Garcia, age 43, and Tomas Vega-Perez, age 41, all of Fort Wayne were charged in a three (3) count indictment alleging the distribution of heroin and providing a residence for the storage and distribution of narcotics.
Jesus Soto-Arellanes a/k/a Chuy, age 37, and Erik De Leon Verduzco-Garcia a/k/a Pulpo, age 33, both of Fort Wayne along with Roberto Soto-Arellanes, age 43, Jesus Alberto Soto-Garcia a/k/a Chubeto, age 35 and Edbel Alejandro Soto-Verduzco, age 28, all of Columbia City were charged in a twelve (12) count indictment alleging conspiracy to distribute cocaine, methamphetamine, heroin and marijuana along with other drug distribution and gun possession charges.
Roderick Dedeaux a/k/a Rodrick Dedeaux, age 29, of Fort Wayne was charged in a five (5) count indictment alleging distribution of fentanyl, methamphetamine and carrying a firearm in relation to a drug trafficking crime.
Juan Salas, age 30, of Fort Wayne was charged in in an eight (8) count indictment alleging the distribution of fentanyl.
U.S. Attorney Kirsch said, “Narcotic distribution is one of the precursors to violent crime. Today with the arrest of these individuals we made a serious impact on the distribution of narcotics in the greater Fort Wayne Area. Local police agencies like Fort Wayne PD, the Allen County Sheriff’s Department and Indiana State Police worked tirelessly in coordination with the FBI to build these cases in Fort Wayne to help reduce violence associated with drug distribution.”
“Today's law enforcement actions are a culmination of more than a year's worth of investigative activity led by the Fort Wayne FBI's Safe Streets Task Force, which includes as its partners the Fort Wayne Police Department, Allen County Sheriff's Department and the Indiana State Police,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “This was an outstanding example of Federal and State agencies working together to positively impact Northeast Indiana by disrupting and dismantling a large scale drug trafficking organization. These arrests should serve as a reminder that we will continue to target these offenders and the impact they are having on our communities.”
"The collaborative efforts of the Fort Wayne Police Department, FBI and the U.S. Attorney's Office continue to make positive strides against drug trafficking in the City of Fort Wayne. The joint effort of these agencies has resulted in criminal investigations and arrests that will significantly affect the drug trade in Fort Wayne and Allen County," said Chief Steve Reed, Fort Wayne Police Department. "The agencies that comprise the Safe Streets Task Force - the Fort Wayne Police Department, Allen County Police Department, Indiana State Police and FBI - continue to work tirelessly in their efforts to eliminate drug trafficking and the violence that often accompanies it. These arrests and seizures are a direct result of that combined effort and we thank these officers for all the long hours and hard work that went into these investigations."
“The Allen County Sheriff’s Department, a proud member of the Safe Streets Task Force, has and will continue to work in conjunction with the FBI, and the U.S Attorney’s Office to battle the drug epidemic within Allen County. We are encouraged by the efforts that have been set forth, and look forward to positive improvements in our area,” said Sheriff David J. Gladieux, Allen County Sheriff’s Department.
Indiana State Police Superintendent Doug Carter commented, “I am extremely proud of our participation with the FBI Safe Streets Task Force.” Carter continued, “The hard work of our assigned investigators, in collaboration with other member representatives, speaks to the dedication of state, county, local and federal law enforcement partners who work daily to make Indiana communities safer for everyone to enjoy.”
These cases were investigated by the Federal Bureau of Investigation Safe Streets Team, the Fort Wayne Police Department, the Allen County Sheriff’s Department and the Indiana State Police with the assistance of the Marion County Sheriff’s Department. These cases will be prosecuted by Assistant United States Attorneys Anthony Geller and Stacey R. Speith.
The United States Attorney’s Office emphasizes that an Indictment is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
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Tuesday 25 June 2019
Wounded Knee Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Wounded Knee, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Carl Crooked Eyes, age 26, was sentenced on June 14, 2019, to 5 years in federal prison, followed by10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Crooked Eyes engaging in sexual contact with a six-year-old girl between February 2011 and June 2011, at Wounded Knee.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan J. Poppen prosecuted the case.
Crooked Eyes was immediately turned over to the custody of the U.S. Marshals Service.
Wood County Man Pleads Guilty to Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A Wood County man who operated a pawn shop in Mineral Wells pled guilty to a federal gun charge, announced United States Attorney Mike Stuart. Alonzo Clark Nichols, 38, entered a guilty plea to possession of an unregistered machine gun. Stuart commended the investigative efforts of the Parkersburg Narcotics Task Force (PNTF) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“This is an egregious case,” said United States Attorney Mike Stuart. “Firearms dealers are held to a common standard of complying with federal laws. In the wrong hands, the modified firearm could’ve been the instrument of the next terrible disaster. We will not tolerate such disregard for laws that are intended to protect law enforcement and the public.”
In January 2019, Nichols was a federally licensed firearms dealer operating 5 Star Pawn on Elizabeth Pike in Mineral Wells. On January 4, 2019, Nichols gave a police officer a gun part called an auto sear designed to convert a pistol from semiautomatic to fully automatic. On January 8, 2019, Nichols sold another auto sear to the officer. On January 11, 2019, PNTF and ATF agents executed a search warrant at 5 Star Pawn where they seized additional auto sears and several rounds of 25mm high explosive incendiary tracers used by the United States military. Auto sears meet the definition of machinegun under federal law. Consequently, it is unlawful to possess an auto sear unless it has been registered in the National Firearms Registration and Transfer Record. Despite having a federal firearms license, Nichols did not have authority to possess or sell machineguns, machinegun parts, or other National Firearms Act (NFA) weapons. He faces up to ten years in federal prison when he is sentenced on September 25, 2019.
Assistant United States Attorney Joshua C. Hanks is handling the prosecution. Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.
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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###White River Man Sentenced for Abusive Sexual Contact of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a White River, South Dakota, man convicted of Abusive Sexual Contact of a Child was sentenced on June 18, 2019, by U.S. District Judge Roberto A. Lange.
Roger Moran, age 66, was sentenced to 186 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Moran was indicted by a federal grand jury on August 14, 2018. He pled guilty on March 21, 2019.
The conviction stemmed from incidents that occurred between February 25, 2014, and August 23, 2018, when Moran knowingly engaged in sexual contact with a minor female with the intent to abuse, humiliate, harass, degrade, and arouse or gratify his own sexual desire.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Moran was immediately turned over to the custody of the U.S. Marshals Service.
Whitaker, PA Felon Charged with Illegally Possessing a FirearmRead the Press Release
PITTSBURGH, PA - A resident of Whitaker, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of possession of a firearm by a convicted felon, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Aqui McKeithen, age 29, as the sole defendant.
According to the Indictment, on or about January 10, 2019, Aqui McKeithen possessed a firearm after having been convicted of a crime which would prohibit him from legally doing so.
The law provides for a maximum total sentence 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 offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Douglas C. Maloney is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, as well as officers with Pennsylvania State Parole and the Whitaker Police Department 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.
Washington County Man Indicted on Possession of Firearms ViolationRead the Press Release
PITTSBURGH, PA - A resident of Washington County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating the federal firearms laws, United States Attorney Scott W. Brady announced today.
The three-count Indictment named Jesse R. Price, 61, of Canonsburg, Pennsylvania, as the sole defendant.
According to the Indictment, in and around September 2018, and on or about October 3, 2018, in the Western District of Pennsylvania, Price unlawfully possessed a firearm as a convicted felon. The Indictment further alleges that on or about October 12, 2018, in the Western District of Pennsylvania, Price unlawfully possessed a firearm and various ammunition as a convicted felon. Federal law prohibits felons from possessing a firearm or ammunition.
The law provides for a maximum total sentence of up to thirty years in prison, a fine of up to $750,000, 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 Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Pennsylvania State Police 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.
Wasco State Prison Correctional Officer and a Minnesota Resident Arrested for Conspiring to Traffic Cocaine and MethamphetamineRead the Press Release
BAKERSFIELD, Calif. — Leonard Velazquez-Martinez, 50, of Minnesota, and Joseph Andrade, 38, of Bakersfield, were arrested Monday for conspiring to possess with intent to distribute cocaine and methamphetamine, U.S. Attorney McGregor W. Scott announced.
At the time of his arrest, Andrade was employed as a Correctional Officer at Wasco State Prison in Wasco, California.
According to court documents, in June 2019, in Kern County, the defendants conspired to purchase approximately 40 pounds of methamphetamine and two kilograms of cocaine from an individual who defendants believed was a narcotics supplier, but who was actually an undercover law enforcement officer. On June 24, 2019, the defendants arrived at a location in Kern County to purchase the methamphetamine and cocaine from the undercover officer. Andrade was driving a vehicle registered to him, and Velazquez occupied the front passenger seat. Velazquez directed the undercover officer’s attention to a grocery bag containing money, which was on the passenger-side floorboard of the vehicle. The defendants were arrested shortly thereafter.
This case is the product of an investigation by the Drug Enforcement Administration and the Kern County Sheriff’s Office. Assistant U.S. Attorney Angela Scott is prosecuting the case.
If convicted, defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
U.S. District Judge Issues Arrest Warrant for Fugitive Charged with Smuggling Counterfeit Goods into the U.S.Read the Press Release
SAN FRANCISCO – A federal arrest warrant was issued for the arrest of Lixiong Chen, also known as John Chen, a defendant in an eighteen-count superseding indictment who failed to appear at what was supposed to be the first day of a jury trial, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge (San Francisco and Northern California) Ryan L. Spradlin. The warrant was signed by the Honorable James Donato, U.S. District Judge.
On April 25, 2019, a federal grand jury returned a superseding indictment charging Chen, 45, a citizen of China, with conspiracy, trafficking in counterfeit goods, and smuggling goods into the United States. According to court documents, the government intended to prove that over the course of at least six years, the defendant illegally imported and sold small electronics, such as power adapters, that bore counterfeit trademarks. The criminal trial in Chen’s case was scheduled to begin yesterday morning. Nevertheless, on Sunday, June 23, 2019, Chen’s counsel filed a document with the Court stating, “defense counsel has just learned that Defendant Lixiong Chen will not be present for Court tomorrow morning, June 24, 2019, at 9 am.”
At a hearing held in lieu of jury selection, Chen’s lawyers confirmed they did not anticipate the defendant would be present for trial at any point. Further, attorneys for the United States informed the Court that they had received information indicating someone with Chen’s name boarded a flight to Beijing, China, that landed Sunday, June 23, 2019. At the close of the hearing, Judge Donato issued a bench warrant for the defendant’s arrest.
Documents submitted to the court in anticipation of the trial describe the case against Chen. While residing in China, Chen operated businesses, known as CBK Auto, CBK Holdings, CBK Wholesale, CBK USA, bestcompu.com, and Silicon Electronics, among other names, through employees in the United States. Chen’s various businesses sold millions of dollars in electronic goods each year through online platforms such as Amazon and eBay. The government alleges that a significant percentage of Chen’s business involved the sale of counterfeit goods. Further, the government alleges that Customs and Border Protection (CBP) agents repeatedly seized goods that violated U.S. law and could not legally be brought into the United States, but the defendant nevertheless continued to import counterfeit merchandise from China. In sum, the superseding indictment charges Chen with nine counts of smuggling goods into the United States, in violation of 18 U.S.C. § 545; eight counts of trafficking counterfeit goods, in violation of 18 U.S.C. § 2320(a), and one count of conspiracy, in violation of 18 U.S.C. § 371.
If convicted, the defendant faces the following maximum penalties:
- 18 U.S.C. § 371: 5 years of imprisonment, $250,000 fine, 3 years of supervised release, $100 special assessment, restitution.
- 18 U.S.C. § 545: 20 years of imprisonment, $250,000 fine, 3 years of supervised release, $100 special assessment, forfeiture, and restitution.
- 18 U.S.C. § 2320: 10 years of imprisonment, $2,000,000 fine, 3 years of supervised release, $100 special assessment, forfeiture, and restitution.
However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Following his arrest in January 2019, Chen was released by United States Magistrate Judge Kandis Westmore on a $1,000,000 bond secured by real property. He was also ordered not to travel outside of the Northern District of California, not to change residence without prior approval of Pretrial Services, and not to apply for any passports or other travel documents.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Anyone with information regarding the defendant’s whereabouts should contact Homeland Security Investigations at 1-866-347-2423. Callers outside the United States should call 802-872-6199.Assistant United States Attorneys Michelle Kane and Matthew Parrella are prosecuting this case with assistance from Rebecca Shelton, Elise Etter, and Sarah Lamparelli. The prosecution is the result of an investigation by HSI.
U.S. Attorney’s Office and DOJ’s Civil Rights Division Host Roundtable on Sexual Harassment in HousingRead the Press Release
NEWS RELEASE SUMMARY – June 25, 2019
The U.S. Attorney’s Office for the Southern District of California and the U.S. Department of Justice (DOJ) Civil Rights Division hosted a roundtable today for community organizations, U.S. Attorney Robert S. Brewer, Jr. announced. The event included local law enforcement agencies, legal aid offices, fair housing organizations, and community groups that work with individuals who use transitional housing. Each organization invited has regular contact with Southern California’s most vulnerable populations, who could also become victims of sexual harassment in housing.
“Sexual harassment in housing can be even more egregious than harassment in the workplace,” U.S. Attorney Brewer said. “Landlords and property managers cannot be permitted to use their power over housing as a weapon to extort sexual favors from tenants. We’re extremely proud to be holding a meaningful discussion with community partners about how to combat this serious problem.”
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in the housing context, and the Fair Housing Act prohibits it. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often affects the most vulnerable populations - single mothers, women who are financially unstable, and women who have suffered sexual violence in their past. And these women often do not know where to turn for help.
The U.S. Attorney’s Office is working closely with the DOJ Civil Rights Division to ensure people are aware of options to help victims experiencing sexual harassment or who experienced sexual harassment in housing in the past. Often it is community organizations, such as local law enforcement, legal aid offices, fair housing organizations, shelters and transitional housing providers, that are in the best position to identify housing abuses and recommend that victims report sexual harassment to DOJ’s Civil Rights Division. By increasing awareness and building strong partnerships, we can better combat this problem in our community.
Each year DOJ brings cases involving egregious conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures. The case filed against San Diego landlord Larry Nelson earlier this month is illustrative. The lawsuit, filed in the U.S. District Court for the Southern District of California, alleges that Nelson engaged in sexual harassment and retaliation of female tenants from at least 2005 to the present, by, among other things, engaging in unwelcome sexual touching, offering to reduce monthly rental payments in exchange for sex, making unwelcome sexual comments and advances, making intrusive and unannounced visits to female tenants’ homes to further his sexual advances, and evicting or threatening to evict female tenants who objected or refused his sexual advances.
The roundtable is an integral part of a DOJ initiative that seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts - both among victims and those they may report to - and collaborate with federal, state, and local partners to increase reporting and help women quickly and easily connect with federal resources. DOJ encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing: [email protected].
Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at: http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or may call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339.
Two Freight Transportation Executives Sentenced to Prison Terms for Price FixingRead the Press Release
Two executives were sentenced in U.S. District Court in Miami for their role in a conspiracy to fix prices of international freight forwarding services, the Department of Justice announced today. Roberto Dip and Jason Handal were charged with fixing prices in June 2018, and pleaded guilty in November 2018. A magistrate judge in Miami ordered Dip detained pending trial; he served over five months in jail before being released on bond.
Dip, the president and CEO of a Louisiana-based freight forwarding company, and Handal, the company’s manager, organized meetings throughout the United States where they reached agreements with their competitors to fix the prices for freight forwarding services provided in the United States and elsewhere from at least as early as September 2010 until at least March 2015. Dip was sentenced to 18 months’ imprisonment, with credit for time served. Handal was sentenced to 15 months’ imprisonment. Each executive was also sentenced to pay a $20,000 criminal fine and to three years of supervised release.
“These defendants’ conduct raised freight-forwarding prices by as much as 20 percent, victimizing vulnerable consumers and individuals sending gifts and household goods to family members and loved ones for holidays,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Today’s sentences reflect the significant harm that the defendants caused, and should send a message to other would-be price-fixers that this crime will not go unpunished.”
“This investigation is an example of the FBI’s commitment to investigating individuals when they operate outside the law to conspire to fix prices in the consumer marketplace,” stated Eric J. Rommal, FBI New Orleans Special Agent in Charge. “I would like to thank the investigative team and Department of Justice’s Antitrust Division prosecutors who have worked on this complex investigation and are committed to holding those accountable who disregard the rule of law for their own financial gain. The FBI will continue to work to protect consumers against all forms of fraud, deceit, and illegal activity.”
The ongoing investigation into price fixing in the international freight forwarding industry is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s New Orleans Division. Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal I Section at 202-307-6694, visit www.justice.gov/atr/contact/newcase.html or call the FBI tip line at 415-553-7400.
Three Day School Safety Conference for Teachers, Officers, and First Responders Begins Tuesday at UGA’s Tifton CampusRead the Press Release
MACON – A three-day conference instructing educators, law enforcement officers, and first responders on the latest threats facing our schools, and how best to respond, will begin on Tuesday, said Charles “Charlie” Peeler, the United States Attorney for the Middle District, in a joint announcement made today with Homer Bryson, the Director of the Georgia Emergency Management and Homeland Security Agency and Richard Woods, the State School Superintendent of the Georgia Department of Education. The conference will be held on June 25-27, 2019 at the UGA Tifton Campus Conference Center.
More than 500 educators, school resource officers, state and local law enforcement officers, and emergency responders are expected to receive 16 hours of training during the three-day conference. The instructors are front-line experts in their field, and will deliver rich commentary on topics including Active Shooter Response, School Bus Safety, Opioid Awareness, and Cyber-Bullying/Sexting. This is the tenth year of the “Safety in Our Schools” conference.
“It is more important than ever that our teachers and first responders are prepared to act quickly and decisively when there is a threat to the safety of students and staff,” said Charlie Peeler, the U.S. Attorney. “This training allows them to learn from experts and each other about techniques and strategies that reduce the likelihood of school tragedies and increase the effectiveness of those who respond to emergencies at our schools. We want our schools to be the safest place possible for children to learn and grow, and this important training helps facilitate that goal.”
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
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The United States Reaches Agreement with Dow Silicones Corporation to Resolve Environmental Violations at Midland Michigan Chemical Manufacturing FacilityRead the Press Release
Today, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement with Dow Silicones Corporation (DSC), resolving alleged environmental violations at the company’s chemical manufacturing facility in Midland, Michigan, including alleged violations of the Clean Air Act; the Resource Conservation and Recovery Act; the Clean Water Act; the Emergency Planning and Community Right-to-Know Act; and the Comprehensive Environmental Response, Compensation and Liability Act. The alleged violations relate to excess emissions of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs), unauthorized discharges of pollutants, inadequate management of hazardous waste, and untimely reporting of hazardous substance releases.
The consent decree requires DSC to undertake extensive measures that should result in estimated annual emission reductions of 218 tons of HAPs and 43.53 tons of VOCs, as well as estimated annual pollutant reductions of three tons of nitrogen and zinc. In addition, DSC will spend approximately $1.6 million on supplemental environmental projects, including lead abatement projects to protect children from lead-based paint hazards in or near Midland; donation of air monitoring equipment to local responders; and more frequent monitoring and improved repair and replacement procedures for equipment that contains HAPs. DSC will also be required to pay a penalty of $4.55 million.
“This settlement reflects our continued commitment to hold people accountable for violating the nation’s environmental laws,” said Principal Deputy Assistant Attorney General Jonathan Brightbill of the Environment and Natural Resources Division. “The Justice Department is pleased to have worked with our partners at EPA to secure this result, which means improved air and water quality for the people and communities of eastern Michigan.”
“Michigan companies that manufacture, process, and handle dangerous chemicals and substances have a legal and ethical responsibility to ensure that their activities do not pollute our air, our waters, or our ground,” said U.S. Attorney Matthew Schneider for the Eastern District of Michigan. “The United States appreciates the fact that, under this settlement, Dow Silicones Corporation recognizes its responsibilities to both honor federal law and protect the environment.”
“Today’s settlement is one example of how EPA is committed to reducing exposure to hazardous air pollutants and other contaminants in communities across the country,” said EPA Region 5 Administrator Cathy Stepp.
The primary violations alleged in the United States’ complaint consist of DSC’s failure to monitor and repair VOC leaks from thousands of components and properly operate the facility’s thermal oxidizer, which is the facility’s primary HAPs control device, thereby resulting in excess emissions of HAPs; the failure to identify and characterize hazardous waste streams; and the failure to properly manage and monitor stormwater at the facility. Excess emissions of HAPs increase the possibility of exposure to pollutants that are known or expected to cause cancer or other serious health effects, as well as adverse environmental conditions. These health effects can include damage to the immune system, as well as neurological, reproductive (e.g., reduced fertility), developmental, respiratory, and other health problems. Additionally, the failure to properly manage and monitor stormwater may have led to the discharge of pollutants, such as hydrochloric acid, benzene, arsenic and heavy metals, harmful to aquatic species in the Lingle Drain and the Tittabawassee River.
The settlement also requires DSC to: implement a revised benzene sampling plan, a comprehensive leak detection and repair program for equipment, and a compliance plan to remedy all Clean Air Act violations identified through a voluntary audit performed by DSC; implement specified measures to control vent streams that contain HAPs and improve the operation of air pollution control equipment; identify and characterize all hazardous waste streams; implement adequate secondary containment for tanks; evaluate and improve the management and monitoring of stormwater at the facility and update the facility’s Stormwater Pollution Prevention Plan; and implement a revised hazardous substance release reporting policy and training procedures.
The consent decree, lodged in the U.S. District Court for the Eastern District of Michigan, is subject to a 30-day public comment period and approval by the federal court. It is available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html.
Texas Woman Pleads Guilty to Possessing Marijuana at Henry E. Rohlsen AirportRead the Press Release
St. Croix, USVI – Kieantia Thomas-Okeke, 38, of Dallas, Texas, pled guilty on June 24, 2019, in District Court to one federal count of Possession of Marijuana with Intent to Distribute, United States Attorney Gretchen C.F. Shappert announced.
This offense carries a possible sentence of incarceration of up to 5 years, a maximum fine of up to $250,000 dollars, and a term of supervised release of at least 2 years. Sentencing is set for October 23, 2019.
According to court documents, on March 5, 2018, a Customs and Border Protection (CBP) canine alerted on Thomas-Okeke after she exited inbound American Airlines flight #2317 from Miami, Florida, at the Henry E. Rohlsen airport in St. Croix. The defendant was then handcuffed and escorted to the designated secondary inspection room. There CBP officers searched the defendant along with her carry-on suitcase. Inside the carry-on suitcase, a green leafy substance inside plastic wrapped brick shaped packages was discovered along with stacks of cash. The substance field-tested positive for marijuana. The marijuana weighed 9.11 kilograms and the confiscated currency totaled $39,980. Travel records for the defendant showed that she was traveling from Dallas, TX, with a layover in Miami and had planned to return to Dallas, TX, the next day. When asked about her compensation for traveling to St. Croix with the drugs and cash, the defendant advised that her flight to St. Croix was paid for and she was going to receive $1,500 when she returned to Dallas, TX.
The case was investigated by Customs and Border Protection and Homeland Security Investigations. The DEA Southeast Laboratory in Miami analyzed the marijuana. Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
Technipfmc PLC and U.S.-Based Subsidiary Agree to Pay over $296 Million in Global Criminal Fines to Resolve Foreign Bribery CaseRead the Press Release
TechnipFMC plc (TFMC), a publicly traded company in the United States and a global provider of oil and gas services, and its wholly-owned U.S. subsidiary, Technip USA, Inc. (Technip USA), have agreed to pay a combined total criminal fine of more than $296 million to resolve foreign bribery charges brought by law enforcement authorities in the United States and Brazil. TFMC is the product of a 2017 merger between two predecessor companies, Technip S.A. (Technip) and FMC Technologies, Inc. (FMC). The charges arose from two independent bribery schemes: a scheme by Technip to pay bribes to Brazilian officials, and a scheme by FMC to pay bribes to Iraqi officials. In addition, Technip’s former consultant, Zwi Skornicki, pleaded guilty today in connection with the resolution. In 2010, Technip entered into a $240 million resolution with the Department of Justice over bribes paid in Nigeria. Today’s proceedings took place in federal court in Brooklyn before United States District Judge Kiyo A. Matsumoto.
Richard P. Donoghue, United States Attorney for the Eastern District of New York (EDNY), Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, Robert Johnson, Assistant Director, Federal Bureau of Investigation, Criminal Investigative Division (FBI) and Charles A. Dayoub, Acting Special Agent-in-Charge, FBI, Washington Field Office Criminal Division, made the announcement.
“Today’s resolutions are the result of a continuing multinational effort to hold accountable corporations and individuals who seek to win business through corrupt payments to foreign officials, and who attempt to use the U.S. financial system to carry out those crimes,” said U.S. Attorney Donoghue. “We will continue to prioritize identifying and bringing to justice those who would corrupt the legitimate functions of government for personal financial gain.”
“The conduct admitted to in today’s resolutions was egregious, lasting for years and putting millions into the hands of corrupt officials,” said Assistant Attorney General Benczkowski. “The message sent by this prosecution is that the United States, working with its law enforcement partners abroad, will not hesitate to hold responsible those corporations and individuals who seek to enrich themselves through corruption.”
“Today’s charges demonstrate not only the capabilities of the FBI personnel who investigate international corruption, but the successful results of strong partnerships in the international community,” said Assistant Director Johnson. “In attempting to cheat the system, Technip violated the FCPA. Through the collaboration and dedicated efforts of the FBI and our foreign partners, Technip is being held accountable for perpetrating illegal schemes and justice is served.”
“This case shows the FBI will continue to work tirelessly to hold those accountable who treat corruption and bribery as a common business practice,” said FBI Acting Special Agent-in-Charge Dayoub. “Today’s agreement is the culmination of the hard work of the FBI and Department of Justice and our international partners.”
TFMC entered into a deferred prosecution agreement with the DOJ in connection with a criminal information filed today in the EDNY charging the company with two counts of conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA). In addition, Technip USA pleaded guilty and was sentenced on a one-count criminal information charging it with conspiracy to violate the anti-bribery provisions of the FCPA. Pursuant to its agreement with the DOJ, TFMC will pay a total criminal fine of over $296 million. As part of the deferred prosecution agreement, TFMC committed to implementing rigorous internal controls and to cooperating fully with the DOJ’s ongoing investigation.
In connection with his role in the scheme to bribe Brazilian officials, Skornicki pleaded guilty in the EDNY to a one-count criminal information charging him with conspiracy to violate the FCPA. He is awaiting sentencing.
In related proceedings, TFMC settled with the Advogado-Geral da União (AGU), the Controladoria-Geral da União (CGU) and the Ministério Público Federal (MPF) in Brazil over bribes paid there. The United States will credit the amount the company pays to the Brazilian authorities under their respective agreements, with TFMC paying Brazil approximately $214 million in penalties.
According to admissions and court documents, beginning as early as 2003 and continuing until at least 2013, Technip conspired with others, including Singapore-based Keppel Offshore & Marine Ltd. (KOM), an attorney for KOM, and Skornicki, who served as a consultant to both Technip and KOM, to violate the FCPA by making more than $69 million in corrupt payments to companies associated with Skornicki. Skornicki passed along portions of these payments as bribes to officials at the Brazilian state-owned oil company, Petrobras, to win lucrative contracts. In addition, Technip made more than $5 million in corrupt payments directly to the Workers’ Party in Brazil and Workers’ Party officials in furtherance of the bribery scheme.
The admissions and court documents also establish that beginning as early as 2008 and continuing until at least 2013, FMC conspired to violate the FCPA by paying bribes to at least seven government officials in Iraq, including at the Ministry of Oil, the South Oil Company and the Missan Oil Company, through a Monaco-based intermediary company, to win valuable projects in Iraq.
In the resolutions, TFMC received credit for its substantial cooperation with the DOJ’s investigation and for taking extensive remedial measures. For example, the company separated from, or took disciplinary action against, former and current employees in relation to the misconduct described in the statement of facts to which it admitted as part of the resolution; made changes to its business operations in Brazil to no longer retain commercial consultants; required that certain employees and third parties undergo additional compliance training; and made specific enhancements to the company’s internal controls and compliance program. Accordingly, the criminal fine reflects a 25 percent reduction from the applicable U.S. Sentencing Guidelines fine for the company’s full cooperation and remediation.
In a related enforcement action, in December of 2017, KOM and its U.S. subsidiary, Keppel Offshore & Marine USA, Inc., agreed to pay a combined total criminal fine of more than $422 million to resolve charges with law enforcement authorities in the United States, Brazil and Singapore on related conduct. A former senior member of KOM’s legal department also pleaded guilty in the EDNYand is awaiting sentencing.
The case is being investigated by the FBI’s International Corruption Squad in Washington, D.C. Assistant United States Attorneys Alixandra Smith and Patrick Hein of the Business and Securities Fraud Section of the Eastern District of New York, and Trial Attorneys Dennis R. Kihm, Derek J. Ettinger and Gerald M. Moody, Jr. of the Criminal Division’s Fraud Section, are prosecuting the case.
The governments of Brazil, the United Kingdom, Monaco, Italy, Australia, France and Switzerland provided significant assistance in this matter, as did the Criminal Division’s Office of International Affairs.
The Defendants:
TechnipFMC PLC
TECHNIP USA, INC
ZWI SKORNICKI
Age: 69
Country of Origin: BrazilTechnipFMC Plc and U.S.-Based Subsidiary Agree to Pay over $296 Million in Global Penalties to Resolve Foreign Bribery CaseRead the Press Release
TechnipFMC plc (TFMC), a publicly traded company in the United States and a global provider of oil and gas services, and its wholly-owned U.S. subsidiary, Technip USA, Inc. (Technip USA), have agreed to pay a combined total criminal fine of more than $296 million to resolve foreign bribery charges with authorities in the United States and Brazil. TFMC is the product of a 2017 merger between two predecessor companies, Technip S.A. (Technip) and FMC Technologies, Inc. (FMC). The charges arose out of two independent bribery schemes: a scheme by Technip to pay bribes to Brazilian officials and a scheme by FMC to pay bribes to officials in Iraq. Technip USA and Technip’s former consultant pleaded guilty today in connection with the resolution. In 2010, Technip entered into a $240 million resolution with the Department over bribes paid in Nigeria.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York, Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division and Acting Special Agent in Charge Charles A. Dayoub of the FBI’s Washington Field Office Criminal Division made the announcement.
“Today’s resolution takes aim at the scourge of bribery, but does so in a fair and evenhanded way,” said Assistant Attorney General Benczkowski. “It is a testament to the strength and effectiveness of international coordination in the fight against corruption, but also an acknowledgement that the Department is fully committed to reaching fair and just resolutions with companies that fully cooperate and remediate.”
“Today’s resolutions are the result of a continuing multinational effort to hold accountable corporations and individuals who seek to win business through corrupt payments to foreign officials, and who attempt to use the U.S. financial system to carry out those crimes,” said U.S. Attorney Donoghue. “We will continue to prioritize identifying and bringing to justice those who would corrupt the legitimate functions of government for personal financial gain.”
“Today’s charges demonstrate not only the capabilities of the FBI personnel who investigate international corruption, but the successful results of strong partnerships in the international community,” said Assistant Director Johnson. “In attempting to cheat the system, Technip violated the FCPA. Through the collaboration and dedicated efforts of the FBI and our foreign partners, Technip is being held accountable for perpetrating illegal schemes and justice is served.”
“This case shows the FBI will continue to work tirelessly to hold those accountable who treat corruption and bribery as a common business practice,” said Acting Special Agent in Charge Dayoub. “Today's agreement is the culmination of the hard work of the FBI and Department of Justice and our international partners.”
TFMC entered into a deferred prosecution agreement with the Department in connection with a criminal information filed today in the Eastern District of New York charging the company with two counts of conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA). In addition, Technip USA pleaded guilty and was sentenced on a one-count criminal information charging it with conspiracy to violate the anti-bribery provisions of the FCPA. Pursuant to its agreement with the Department, TechnipFMC will pay a total criminal fine of over $296 million, including a $500,000 criminal fine paid by Technip USA. As part of the deferred prosecution agreement, TechnipFMC committed to implementing rigorous internal controls and to cooperate fully with the Department’s ongoing investigation.
In connection with the scheme to bribe Brazilian officials, Technip’s former consultant also pleaded guilty in the Eastern District of New York to a one-count criminal information charging him with conspiracy to violate the FCPA. He is awaiting sentencing.
All three cases are assigned to U.S. District Judge Kiyo A. Matsumoto of the Eastern District of New York.
In related proceedings, the company settled with the Advogado-Geral da União (AGU), the Controladoria-Geral da União (CGU) and the Ministério Público Federal (MPF) in Brazil over bribes paid in Brazil. The United States will credit the amount the company pays to the Brazilian authorities under their respective agreements, with TechnipFMC paying Brazil approximately $214 million in penalties.
According to admissions and court documents, beginning in at least 2003 and continuing until at least 2013, Technip conspired with others, including Singapore-based Keppel Offshore & Marine Ltd. (KOM) and their former consultant, to violate the FCPA by making more than $69 million in corrupt payments and “commission payments” to the consultant, companies associated with the consultant and others, who passed along portions of these payments as bribes to Brazialin government officials who were employees at the Brazilian state-owned oil company, Petrobras, in order to secure improper business advantages and obtaining and retaining business with Petrobas for Technip, Technip USA and Joint Venture. In addition, Technip made more than $6 million in corrupt payments to the Workers’ Party in Brazil and Workers’ party officials in furtherance of the bribery scheme.
The admissions and court documents also establish that beginning by at least 2008 and continuing until at least 2013, FMC conspired to violate the FCPA by paying bribes to at least seven government officials in Iraq, including officials at the Ministry of Oil, the South Oil Company and the Missan Oil Company, through a Monaco-based intermediary company in order to win secure improper business advantages and to influence those foreign officials to obtain and retain business for FMC Technologies in Iraq.
In the resolutions with the Department, TFMC received credit for its substantial cooperation with the Department’s investigation and for taking extensive remedial measures. For example, the company separated from or took disciplinary action against former and current employees in relation to the misconduct described in the statement of facts to which it admitted as part of the resolution; made changes to its business operations in Brazil to no longer participate in the type of work where the misconduct at issue arose; required that certain employees and third parties undergo additional compliance training; and made specific enhancements to the company’s internal controls and compliance program. Accordingly, the criminal fine reflects a 25 percent reduction off the applicable U.S. Sentencing Guidelines fine for the company’s full cooperation and remediation.
In a related enforcement action, in December of 2017, KOM and its U.S. subsidiary, Keppel Offshore & Marine USA, Inc., agreed to pay a combined total criminal fine of more than $422 million to resolve charges with authorities in the United States, Brazil and Singapore on related conduct. A former senior member of KOM’s legal department also pleaded guilty and is awaiting sentencing.
The case is being investigated by the FBI’s Washington Field Office International Corruption Squad. Trial Attorneys Dennis R. Kihm, Derek J. Ettinger and Gerald M. Moody, Jr. of the Criminal Division’s Fraud Section, as well as Assistant U.S. Attorneys Alixandra Smith and Patrick Hein of the Eastern District of New York, are prosecuting the case.
The governments of Australia, Brazil, France, Guernsey, Italy, Monaco and the United Kingdom provided significant assistance in this matter, as did the Criminal Division’s Office of International Affairs.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Superseding Indictment Means 48 Defendants Now Charged in Multi-State Drug Smuggling Prison RingRead the Press Release
PITTSBURGH, PA – A federal grand jury returned a Superseding Indictment charging 48 defendants, many of whom are serving federal prison sentences or were recently released from federal prison sentences, with committing drug trafficking, money laundering, and firearm crimes and with engaging in interstate travel and transmissions in aid of racketeering, United States Attorney Scott W. Brady announced today.
The 10-count Superseding Indictment, returned on June 18 and unsealed on June 21, adds 21 defendants and two counts to a 27-defendant, eight-count Indictment that was returned in January 2019. The Superseding Indictment charges 46 defendants in Count 1 with conspiring from January 2017 to January 2019 to distribute Schedule I, II, and III controlled substances, including 5 kilograms or more of cocaine, 1 kilogram or more of heroin, 400 grams or more of fentanyl, a quantity of para-fluoroisobutyryl fentanyl, a quantity of carfentanil, a quantity of oxycodone, a quantity of 5F-ADB, a quantity of FUB–AMB, a quantity of ADB-CHMINACA, a quantity of 4-CN-CUMYL-BUTINACA, a quantity of MMB-CHMICA, and a quantity of buprenorphine.
The 46 defendants charged in Count 1 are:
- Noah Landfried, Moon Township
- Mario Allen, USP-Lee, Virginia
- Larry Benavides, Clinton County Jail, Pennsylvania
- Dashawn Burley, Monroeville
- Michel Cercone, Sewickley
- Ahmad Fletcher, FCI-Gilmer, West Virginia
- Michael S. Frawley, Pittsburgh
- Christopher Gahagan, Ambridge
- Richard Georgelos, Santa Cruz, Arizona
- Nicholas Giammichele, FCI-Danbury, Connecticut
- Robert Korbe, FCI-Loretto, Pennsylvania
- Ross Landfried, USP-Lee, Virginia
- Sterling Marshall, USP-Lee, Virginia
- Darren Martin, Aliquippa
- Harold Novick, Ambridge
- Paul Nuara, Erie
- Omari Patton, FCI-Fort Dix, New Jersey
- James Perry, Ambridge
- John Ramsey, FCI-Ray Brook, New York
- Donnell Steward, FCI-Otisville, New York
- Quoc Boa Trinh, FCI-Otisville, New York
- Terrell Williams, Pittsburgh
- Richard Wood, Pittsburgh
- Shayla Yates, Dinwiddie, Virginia
- Krystian Zarate, Santa Cruz, Arizona
- Shamar Banks, FCI-Hazelton, West Virginia
- Nicole Bracey, Waldorf, Maryland
- Richard Bracey, FCI-Lee in Virginia
- David Curran, FCI-Berlin, New Hampshire
- William Fielder, FCI-Hazelton, West Virginia
- Darwin Good, FCI-McKean, Pennsylvania
- Eugene Hall, West Mifflin
- Dorianne Harris, Homestead
- Andrea Hopes, Pittsburgh
- Thomas Hopes, FCI-Elkton, Ohio
- Richard Jasek, West Mifflin
- Seth Lindsey, Verona
- Brandon Massie, FCI-Schuylkill, Pennsylvania
- Lamar Middleton, USP-Big Sandy, Kentucky
- Dana Penney, Beaver County Jail
- Diassandai Serrano, North Versailles
- Anthony Smith, McKeesport
- Christian Stevens, Allegheny County Jail
- Christopher Threet, RRM Detroit, Michigan
- Paris Wilson, FCI-Sandstone, Minnesota, and
- Sandra Wilson, McKees Rocks.
The Superseding Indictment charges 17 defendants in Count 2 with conspiring to launder drug trafficking proceeds from January 2017 to January 2019. The 17 defendants charged in Count 2 are Noah Landfried, Allen, Benavides, Cercone, Fletcher, Korbe, Ross Landfried, Marshall, Perry, Steward, Yates, Nicole Bracey, Richard Bracey, Andrea Hopes, Thomas Hopes, Middleton, and Threet.
The Superseding Indictment charges Angelo Williams (FCI-Cumberland in Maryland) and Priyanka Kumar (of Potomac, Maryland) in Count 3 with engaging in interstate travel and transmissions in aid of racketeering from January 2017 to January 2019.
Counts 4, 6, and 7 of the Superseding Indictment charge Gahagan with distributing cocaine in September 2017, January 2018, and April 2018. Count 5 charges Benavides with possessing para-fluoroisobutyryl fentanyl and 5F-ADB with intent to distribute in November 2017. Count 8 charges Noah Landfried with possessing with intent to distribute and distributing 40 grams or more of fentanyl and heroin in June 2018.
The Superseding Indictment adds Counts 9 and 10. Count 9 charges Penney with possessing fentanyl, heroin, and cocaine in June 2018. Count 10 charges Penney with possessing, brandishing, and discharging a firearm in furtherance of a drug trafficking crime in July 2018.
The Superseding Indictment seeks forfeiture of the proceeds of the crimes as well as property that was acquired with the proceeds or was used to commit the crimes.
The law provides for minimum and maximum sentences for the counts in the Superseding Indictment ranging from at least 10 years to up to life in prison for Counts 1 and 10, up to 20 years for Count 2, up to 5 years for Count 3, up to 20 years for each of Counts 4 through 7 and 9, and from at least 5 years to up to 40 years for Count 8. Fines ranging from $250,000 to up to $20,000,000 may also be imposed. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal histories, if any, of the defendants.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Bureau of Police, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
A Superseding Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Summersville Man Sentenced to Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Jeffrey Alan Kummer, 30, of Summersville, was sentenced to 18 months in prison for possessing two sawed-off firearms. Stuart commended the efforts of the Summersville Police Department, the Nicholas County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“In order to protect our Second Amendment rights, we must strictly enforce federal firearms laws,” said United States Attorney Mike Stuart. “Gun owners need to be responsible and follow the letter and spirit of our gun laws.”
On March 24, 2018, a Summersville Police Officer and a Nicholas County Deputy Sheriff responded to a domestic violence complaint at Kummer’s Hughart Lane residence in Summersville. Kummer was also wanted on a capias issued by the Kanawha County Circuit Court. The officers entered the residence and encountered Kummer in the bedroom with two sawed-off firearms, a .20 gauge shotgun and a .22 caliber rifle. The shotgun had been reported stolen from a federally licensed firearms dealer in January 2018. Kummer told police that the shotgun had been sawed-off prior to his having purchased it several months earlier. He admitted cutting the .22 rifle himself. Short barreled rifles and shotguns are illegal to possess unless they are registered in the National Firearms Registration and Transfer record. Neither firearm had been registered. Kummer pled guilty in March 2019.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Joshua C. Hanks handled the prosecution.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Stockton Man Sentenced to over 6 Years in Prison for Unemployment Benefits Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — John Michael Herron II, 38, of Stockton, was sentenced today by U.S. District Judge John A. Mendez to six years and three months in prison for conspiracy to commit mail fraud and identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, from at least December 2014 through January 2018, Herron participated in a scheme to defraud the State of California Employment Development Department (EDD) by filing fraudulent claims for unemployment insurance benefits. In furtherance of this scheme, Herron and his co-defendant, Robert Maher, formerly of Stockton, created fictitious companies and fictitious employees (by using the real identities of persons with and without their knowledge), and filed claims with EDD, falsely stating that the employees had been laid off or fired. The unemployment benefits were deposited onto debit cards that were mailed to addresses controlled by Herron, Maher, or their associates. ATM cameras captured Herron withdrawing unemployment benefit funds using a debit card registered to an identity theft victim. Herron was connected to approximately $578,185 in fraudulent claims to EDD, of which approximately $485,685 was paid out by EDD.
“John Michael Herron II conspired with his co-defendant to defraud EDD by filing for unemployment insurance benefits in the names of identity theft victims who were not entitled to such benefits. We will continue to work with our law enforcement partners and state workforce agencies to protect the integrity of unemployment insurance benefit programs,” said Abel Salinas, Special Agent-in-Charge, Los Angeles Region, U.S. Department of Labor Office of Inspector General.
“Today’s sentencing sends a clear message that fraud will not be tolerated,” said EDD Director Patrick W. Henning. “EDD proudly works alongside our law enforcement partners to safeguard these vital public benefits and pursue aggressive action against fraud whenever possible.”
This case is the product of an investigation by the U.S. Department of Labor Office of Inspector General, the Federal Bureau of Investigation, and the California Employment Development Department’s Investigation Division. Assistant U.S. Attorney Amy Schuller Hitchcock is prosecuting the case.
The charges against Maher are pending. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.