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Thursday 20 June 2019
Two New Jersey Men Found Guilty in Phony Debt Elimination SchemeRead the Press Release
NEWARK, N.J. – Two individuals were found guilty today for their respective roles in using phony monetary instruments to obtain luxury vehicles and other high value items; one of the defendants was additionally convicted of bankruptcy fraud, U.S. Attorney Craig Carpenito announced.
Germaine Howard King, a/k/a “Germaine Howard,” 43, of Elizabeth, New Jersey, was convicted for his role in a scheme to defraud banks and other lenders using phony money orders to fraudulently discharge a $400,000 mortgage, to fraudulently obtain two Mercedes Benz (one 2007 and one 2010) cars, and to pay off credit card bills. In addition, King was convicted of a scheme to use phony cashier’s checks to pay off his co-defendant’s five luxury cars.
Daniel D. Dxrams, currently known as “Daniel Kusi,” formerly known as “Danny D. Dxrams,” 40, of Maplewood, New Jersey, was convicted for his role in a scheme to fraudulently pay off a Rolls Royce, Bentley, and three Mercedes Benz cars (two 2015 cars and one 2016 car). In addition, Dxrams was convicted of bankruptcy fraud and making a false oath during a bankruptcy proceeding.
According to documents filed in this case and the evidence at trial:
King conspired with Melissa Reynolds to make fraudulent money orders on their home computers. They mailed these phony money orders to a credit union in an effort to fraudulently pay off their two Mercedes Benz cars. Although the credit union rejected both bogus money orders, King and Reynolds mailed correspondences to the credit union falsely claiming that the debt was satisfied. They then stopped paying their car loans, and King kept the car. King and Reynolds mailed a fraudulent money order in the amount of $432,000 to a financial institution to pay off their mortgage. The financial institution erroneously accepted the fraudulent payment and credited it as a payoff for the mortgage. When the financial institution filed a suit seeking to reinstate the fraudulently discharged mortgage, King and Reynolds continued to allege in court that the mortgage had been paid and submitted a phony receipt for the bogus money order. King also made and mailed fraudulent money orders in an attempt to pay off his credit card bills.
Dxrams, King, and Reynolds conspired to fraudulently pay off Dxrams’ five luxury cars. They sent a bogus $101,000 cashier’s check to a finance company that enabled Dxrams to obtain a 2012 Bentley for free. Dxrams sold the car to a third party for approximately $82,000 and then issued a bank check to King for approximately $25,000. The defendants also used this scheme in an effort to fraudulently obtain three Mercedes-Benz cars and a Rolls Royce.
Dxrams was also convicted of bankruptcy fraud and making a false oath before the bankruptcy court. In December 2017, Dxrams filed a bankruptcy petition under penalty of perjury. He falsely concealed his ownership of a car rental business and the gross receipts he earned through this car rental business, his sale of the Bentley, his receipt of money from a personal injury lawsuit, his ownership of firearms, and his marital status, among other things. In January 2018, Dxrams appeared before the bankruptcy trustee and, after being placed under oath, made false statements concerning his bankruptcy petition and his sale of the Bentley.
Reynolds previously pleaded guilty to conspiracy to commit bank fraud and mail fraud affecting financial institutions, and is awaiting sentencing. Another defendant, Arthur M. Martin III, has also pleaded guilty for his role in a scheme to fraudulently discharge a mortgage on his home, and is awaiting sentencing.
U.S. Attorney Carpenito credited special agents of the FBI and the Joint Terrorism Task Force, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the N.J. Office of Homeland Security and Preparedness, under the direction of Director Jared Maples; the U.S. Department of Education, Office of Inspector General Eastern Regional Office, under the direction of Assistant Special Agent in Charge Debbi Mayer; and the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi with the investigation leading to the convictions.
The government is represented by Assistant U.S. Attorney Anthony Moscato, Chief of the U.S. Attorney’s National Security Unit, and Lakshmi Srinivasan Herman, of the National Security Unit, in Newark.
Two More Ripley Employees Indicted for Misconduct, Negligence Resulting in 17 Deaths at Table Rock LakeRead the Press Release
SPRINGFIELD, Mo. – Two more employees of Ripley Entertainment, Inc. – the company that operated duck boat rides in Branson, Missouri – along with the captain of the duck boat that sank at Table Rock Lake last summer, resulting in the deaths of 17 people, have been indicted by a federal grand jury.
Curtis P. Lanham, 36, of Galena, Missouri, and Charles V. Baltzell, 76, of Kirbyville, Missouri, were charged in a 47-count superseding indictment returned under seal by a federal grand jury in Springfield on Thursday, June 13. The superseding indictment, which was unsealed and made public today following the initial court appearances of Lanham and Baltzell, contains the original charges against Kenneth Scott McKee, 51, of Verona, Missouri. It replaces the federal indictment returned on Nov. 8, 2018, and includes additional charges and defendants.
Ripley Entertainment, an Orlando, Florida, corporation, owned, operated, and conducted business as “Ride the Ducks Branson” from Dec. 1, 2017, to July 20, 2018. The company managed and operated “duck boat” tours in Taney and Stone counties, and was the owner and operator of the duck boat Stretch Duck 7.
McKee was employed by Ripley as the captain of Stretch Duck 7. He had been employed as a duck boat captain for approximately 18 years.
Lanham was employed by Ripley as the general manager at Ride the Ducks Branson. Lanham was responsible for the overall day-to-day management of the operations and duck boats, including Stretch Duck 7. Lanham’s duties also included setting policies and procedures for the operations and overseeing the training of employees. As general manager, Lanham held managerial authority over the entire staff of Ride the Ducks Branson. In July 2018, Lanham reported directly to Ripley’s president.
Baltzell was employed by Ripley as the operations supervisor at Ride the Ducks Branson and was acting as a manager on duty. Baltzell was responsible for ensuring the duck boat tours ran in sequence and acted as a dispatcher through the use of radio and other communications methods while the duck boat tours were ongoing. Baltzell’s duties also included monitoring the weather and communicating with ongoing duck boat tours regarding the weather.
A detailed account of the fatal events that occurred on July 19, 2018, is contained in the indictment.
The superseding indictment contains the original charges against McKee of misconduct and negligence by a vessel captain, resulting in the death of another person. Baltzell is added to each of those felony counts – one count for each of the 17 passengers (including one crew member) who died when Stretch Duck 7 sank – as an aider and abettor of misconduct and neglect by a vessel captain.
Lanham is charged with 17 felony counts of misconduct and neglect by an executive officer of the corporate charterer/owner – one count for each of the 17 passengers (including one crew member) who died when Stretch Duck 7 sank. (The indictment includes an alternative theory of liability in relation to Lanham’s status, which alleges that he aided and abetted McKee’s misconduct, negligence, and inattention to duty.)
McKee, Baltzell, and Lanham also are charged in 13 misdemeanor counts – one count for each of the 13 passengers who survived the sinking of Stretch Duck 7 – with operating a vessel in a grossly negligent manner that wantonly and recklessly disregarded and endangered the life, limb, and property of persons on board Stretch Duck 7; or with aiding and abetting the operation of a vessel in such a grossly negligent manner.
Charges Against McKee
The federal indictment alleges that McKee committed a number of acts of misconduct, negligence, and inattention to his duties while piloting Stretch Duck 7 both before and during severe weather conditions.
McKee allegedly failed to properly assess incoming weather prior to entering the vessel on the water. At the time McKee drove the vessel into the water, according to the indictment, there was lightning in the area and severe weather approaching. The indictment also alleges that McKee failed to properly assess the nature of the severe weather while the vessel was on the water.
McKee allegedly operated Stretch Duck 7 in violation of the conditions and limitations specified in the vessels’ certificate of inspection. When severe weather (including increased wind speed) arrived at the vessel’s location, the indictment says, McKee failed to instruct passengers to don personal floatation devices. He allegedly also failed to immediately increase speed and head to the nearest shore. He allegedly caused or allowed the vessel’s plastic side curtains to be lowered, which created a barrier over the vessel’s emergency exits in the event of a need to abandon ship. At no point prior to the sinking of Stretch Duck 7, says the indictment, did McKee prepare to, or order the passengers to, abandon ship.
The first time the vessel’s bilge alarm sounded, the indictment says, McKee failed to raise the side curtains, failed to instruct passengers to don personal floatation devices, and failed to prepare to abandon ship. McKee also attempted to make two calls to the Ride the Ducks Branson facility using the onboard radio, but received no response.
The second time the vessel’s bilge alarm sounded, the indictment says, McKee again failed to raise the side curtains, failed to instruct passengers to don personal floatation devices, and failed to prepare to abandon ship. McKee allegedly failed to prepare to abandon ship when there was an unacceptable loss of freeboard on the vessel as well. (Freeboard refers to the distance from the waterline to the upper deck level; a loss of freeboard is when waves are overtopping the freeboard, thus causing the ship to fill with water.)
Charges Against Baltzell
According to the indictment, Baltzell directed and allowed McKee to operate Stretch Duck 7 in violation of the conditions and limitations specified in the vessel’s Coast Guard-issued certificate of inspection, and failed to adequately supervise the operation of the tour of Stretch Duck 7 on July 19, 2018.
Baltzell allegedly failed to properly monitor and assess incoming weather prior to McKee entering the vessel on the water. Baltzell allegedly directed McKee to enter the vessel on the water when there was severe weather and lightning in the area. Baltzell allegedly failed to communicate to McKee the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water. Baltzell allegedly failed to monitor radio communications from employees when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.
The indictment alleges that these acts of misconduct, negligence, and inattention to duty by McKee and Baltzell separately and collectively caused the lives of 17 persons on board Stretch Duck 7 to be lost.
Charges Against Lanham
According to the indictment, while actually charged with the control and management of the operation, equipment, and navigation of Stretch Duck 7, and while acting as an executive officer of Ripley Entertainment, Lanham knowingly and willfully caused and allowed McKee, Baltzell, and others to engage in neglect, misconduct, and violation of law.
Lanham allegedly neglected to establish training requirements related to the monitoring of weather in the Branson area, including adequate training on the use and capabilities of a weather monitoring service utilized by Ride the Ducks Branson. Lanham allegedly neglected to establish and enforce policies and procedures related to the monitoring of weather – including when severe weather existed – in association with the management and operation of daily duck boat tours. Lanham allegedly neglected to establish and enforce policies and procedures related to the communication of weather information to duck boat captains and drivers conducting duck boat tours when severe weather existed in or approached the Branson area.
The indictment also alleges that Lanham created a work atmosphere on Stretch Duck 7 and other duck boats where the concern for profit overshadowed the concern for safety.
Lanham allegedly neglected to require adequate staffing of employees while duck boat tours were ongoing. Lanham allegedly negligently allowed, created, and connived with other persons to create a work atmosphere through which those responsible for monitoring the weather during duck boat tours were charged with other tasks that distracted them from monitoring the weather and impeded their ability to monitor radio communications. Lanham allegedly negligently created and connived with other persons to create a confusing work atmosphere on Stretch Duck 7 and other duck boats related to the monitoring of, and the response to, severe weather, through which there existed inappropriate concern for the weather.
The indictment also alleges that Lanham neglected to adequately supervise the management, operation, and conduct of the tour of Stretch Duck 7 on July 19, 2018.
Lanham allegedly neglected to properly assess incoming weather and negligently allowed McKee to enter the vessel on the water when there was lightning and severe weather approaching the area.
Lanham allegedly neglected to properly assess the nature of the severe weather when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water, and to communicate with McKee regarding the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.
Lanham allegedly neglected to require that Stretch Duck 7 be operated in compliance with the provisions of the Coast Guard certificate of inspection and negligently allowed McKee to operate, pilot, and navigate Stretch Duck 7 in violation of the conditions and limitations specified in the certificate of inspection, which was a violation of law.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Assistant U.S. Attorney Casey Clark. It was investigated by the U.S. Coast Guard Investigative Service, the Missouri State Highway Patrol, the Stone County, Mo., Sheriff’s Department, the Taney County, Mo., Sheriff’s Department, the Branson, Mo., Police Department, the Missouri Attorney General’s Office, the Stone County, Mo., Prosecutor’s Office, and the Taney County, Mo., Prosecutor’s Office.
Two Defendants Charged in Manhattan Federal Court with 2011 Murder-For-HireRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City to New York (“NYPD”), today announced the unsealing of two Indictments charging DAVID ESPINAL, a/k/a “D-Block,” and MICHAEL CASTILLO, a/k/a “Squirrel,” with murder for hire and the March 10, 2011, murder of Hector Arias in the Bronx, New York.
ESPINAL was taken into custody this morning in the Eastern District of Pennsylvania and will be presented in federal court in that District today. CASTILLO was taking into custody this morning in the Northern District of Texas and will be presented in federal court in that District today. This case is assigned to U.S. District Judge John G. Koeltl.
U.S. Attorney Geoffrey S. Berman said: “As alleged, eight years ago, David Espinal and Michael Castillo reduced the value of a man’s life to a dollar figure. Their arrests today show that the passage of time does not insulate alleged murderers from investigation, apprehension, and prosecution. We hope that brings some measure of relief to the family of Hector Arias.”
FBI Assistant Director William F. Sweeney Jr. said: “Mr. Espinal was so deadly serious about selling marijuana, he allegedly hatched a plan to kill a rival. He and the man he’s accused of hiring to carry out the murder have been on the run since 2011. They most likely believed they were in the clear, thinking no one was looking for them after all these years. The FBI Westchester County Safe Streets Task Force and our law enforcement partners don’t let time stand in the way of catching alleged murderers and bringing them to justice.”
Police Commissioner James P. O’Neill said: “Today’s charges are evidence that NYPD investigators do not forget victims, and they do not ever forget the justice that is owed to those victims’ families. All New Yorkers deserve to be safe, and to feel safe. The NYPD and our colleagues at the U.S. Attorney’s Office for the Southern District will stop at nothing until every street, in every neighborhood of New York City, is as safe as our safest streets are today.”
As alleged in the Indictments unsealed today in Manhattan federal court[1]:
In or around March 2011, ESPINAL hired CASTILLO to murder Hector Arias. On March 10, 2011, CASTILLO carried out the plan and murdered Arias by shooting him in the vicinity of 712 East Gun Hill Road in the Bronx, New York. ESPINAL paid CASTILLO for murdering Arias. The murder plot arose out of a conspiracy to distribute marijuana.
* * *
A chart containing the names of the defendants charged in the Indictments, and the charges and maximum and minimum penalties they face, is attached. The statutory maximum and minimum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI in this case. Mr. Berman also thanked the NYPD and the United States Probation Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jamie Bagliebter, Maurene Comey, Scott Hartman, and Jacqueline Kelly are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. David Espinal, 19 Cr. 428
United States v. Michael Castillo, S1 19 Cr. 428
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Murder for Hire
DAVID ESPINAL (age 44)
MICHAEL CASTILLO (age 36)
Life in prison or death
Mandatory minimum:
Life in prisonMurder through Use of a Firearm
DAVID ESPINAL
MICHAEL CASTILLO
Life in prison or death
Mandatory minimum:
5 years in prison
Travel Act Murder
DAVID ESPINAL
MICHAEL CASTILLO
Life in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictments, as well as the descriptions of the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.
Two Businessmen Convicted of International Bribery OffensesRead the Press Release
A federal jury in Boston found the chairman and CEO of an investment firm and a member of the investment firm’s board of directors guilty today for their participation in a scheme to bribe officials of the Republic of Haiti in exchange for business advantages for the investment firm.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew Lelling of the District of Massachusetts and Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office made the announcement.
Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, and Joseph Baptiste, DDS, 66, of Fulton, Maryland, were found guilty after a two-week jury trial before U.S. District Judge Allison D. Burroughs of the District of Massachusetts of one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and the Travel Act. Baptiste was also convicted of one count of violating the Travel Act and one count of conspiracy to commit money laundering. Boncy and Baptiste are scheduled to be sentenced by Judge Burroughs on Sept. 12, 2019.
“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Benczkowski. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”
“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”
“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Special Agent in Charge Bonavolonta. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”
According to evidence presented at trial, Boncy and Baptiste solicited bribes from undercover FBI agents posing as potential investors in connection with a proposed project to develop a port in the Mȏle St. Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of a cement factories in its first phase, with subsequent phases having a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that, in order to secure Haitian government approval of the project, they would funnel the bribes to Haitian officials through a non-profit entity that Baptiste controlled, which was based in Maryland and purported to help impoverished residents of Haiti. In intercepted telephone calls played during trial, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project, in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribes officials at all levels of the Haitian government.
The FBI’s Boston Field Office and International Corruption Unit investigated the case. Trial Attorney Elina Rubin-Smith of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kriss Basil of the District of Massachusetts are prosecuting the case.
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.
Twenty-One Individuals Indicted on Charges of Conspiracy to Commit Interstate Transportation of Stolen Used Cooking Oil, Money Laundering, Harboring Aliens, and Immigration-Related Entrepreneurship FraudRead the Press Release
RALEIGH – Robert J. Higdon Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned a Superseding Indictment charging the following individuals with conspiracy to commit interstate transportation of stolen goods and money laundering:
- SALVADOR IBARRA ESCALANTE, age 43, of Mexico, also known as “Billy Escalante”
- RUTH NAVA-ABARCA, age 29, of Mexico
- FLORENTINO VALENCIA-TEPOZ, age 47 of Mexico
- GREGORIO VAZQUEZ-CASTILLO, age 43, of Mexico, also known as “Jaime Castillo”
- JUAN DE LA CRUZ-GONZALEZ, age 32, of Mexico
- SAMUEL CRUZ, age 42, of Durham, North Carolina
- MIGUEL GUTIERREZ, age 24, of Henderson, North Carolina
- JAIME LABRA-TOVAR, age 23, of Henderson, North Carolina
- OSCAR UGALDE-ESCALANTE, age 31, of Mexico
- HASAN OZVATAN, age 40, of Turkey
- EMILIO GOMEZ-GONZALEZ, age 36, of Mexico
- JUAN MALDONADO-HERNANDEZ, age 28, of Mexico
- GEORGE LUIS MORALES, age 21, of New York, New York
- TORIBIO ESCALANTE-CAMPOS, age 59, of Mexico
- ERIC EVO, age 24, of Richmond, Virginia
- RYAN MERCADO-RODRIGUEZ, age 24, of Henderson, North Carolina
- JUAN LOPEZ-POSADA, age 40, of El Salvador
- RENE ESPINOZA-TORRES, age 45, of Mexico
- KELVIN FE ARELLANO-VALENCIA, age 19, of Raleigh, North Carolina
- DEMETRIO VALENCIA-FLORES, age 42, of Mexico
- ALVARO MENDEZ-FLORES, age 38, of Mexico.
Moreover, GOMEZ-GONZALEZ was charged with failure to register with immigration officials. In addition, NAVA-ABARCA, VALENCIA-TEPOZ, ESCALANTE-CAMPOS, IBARRA-ESCALANTE, and VAZQUEZ-CASTILLO were charged with alien harboring. Furthermore, IBARRA-ESCALANTE, VALENCIA-TEPOZ, NAVA-ABARCA, and VAZQUEZ-CASTILLO were charged with immigration-related entrepreneurship fraud.
According to the Superseding Indictment, used cooking oil, historically viewed as a waste product, has become a valuable recycled commodity over the past decade. The majority of the recycled cooking oil sold is used for biofuel, fluctuating with market demand. It can also be used as a nutritional additive to animal feed and pet food, or in the production of many consumer and industrial products.
Legitimate businesses, known renderers, collect used cooking oil from restaurants in exchange of compensation and sell it to refineries so that it can be processed and recycled. The rendering industry estimates that there is an annual loss of approximately $45-75 million dollars from the theft of used cooking oil.
According to court records, the objective of the conspiracy was to profit from the illicit trade in large quantities of used cooking oil stolen in North Carolina, Virginia, and Tennessee, and transported to New Jersey for sale and distribution.
In particular, the Superseding Indictment alleges that members of the conspiracy repeatedly traveled to restaurants in North Carolina, Virginia, and Tennessee, in box trucks equipped with containers designed to store and transport liquids, pumps, hoses, and burglary tools, for the purpose of stealing large quantities of used cooking oil.
Additionally, members of the conspiracy transported the stolen used cooking oil in the box trucks to a warehouse in Durham, North Carolina, for consolidation and storage. Thereafter, a tanker trailer was used to transport the consolidated stolen used cooking oil to Virginia and elsewhere.
“Used cooking oil has become a sought-after commodity by biodiesel companies, and restaurants use the sale of this oil as another source of revenue,” said John Eisert, Acting Special Agent in Charge of Homeland Security Investigations in Charlotte, North Carolina. “This team of co-conspirators had an elaborate scheme to steal thousands of gallons of cooking oil for their own profit in violation of several U.S. laws.”
If convicted of conspiracy to commit interstate transportation of stolen goods and money laundering, IBARRA ESCALANTE, NAVA-ABARCA, VALENCIA-TEPOZ, VAZQUEZ-CASTILLO, DE LA CRUZ-GONZALEZ, CRUZ, GUTIERREZ, LABRA-TOVAR, UGALDE-ESCALANTE, OZVATAN, GOMEZ-GONZALEZ, MALDONADO-HERNANDEZ, MORALES, ESCALANTE-CAMPOS, EVO, MERCADO-RODRIGUEZ, LOPEZ-POSADA, ESPINOZA-TORRES, ARELLANO-VALENCIA, VALENCIA-FLORES, and MENDEZ-FLORES, face each a maximum of twenty five years in prison, a $500,000 fine, and a term of supervised release.
Furthermore, GOMEZ-GONZALEZ faces an additional maximum term of six months in prison for failing to register as an alien, and a $1,000 fine. In addition, NAVA-ABARCA, VALENCIA-TEPOZ, ESCALANTE-CAMPOS, IBARRA-ESCALANTE, and VAZQUEZ-CASTILLO each face an additional maximum of five years in prison for alien harboring, a $250,000 fine, and a term of supervised release. Moreover, IBARRA-ESCALANTE, VALENCIA-TEPOZ, NAVA-ABARCA, and VAZQUEZ-CASTILLO each face an additional maximum of five years in prison for immigration-related entrepreneurship fraud, a $250,000 fine, and a term of supervised release.
The following defendants are currently fugitives from justice:
- JUAN DE LA CRUZ-GONZALEZ
- RENE ESPINOZA-TORRES
- EMILIO GOMEZ-GONZALEZ
- JUAN MALDONADO-HERNANDEZ
- RUTH NAVA-ABARCA
- HASAN OZVATAN
If you have any information on the whereabouts of these individuals please contact the Homeland Security Investigations Tip-Line at 1-866-DHS-2-ICE or 1-866-347-2423. Any information that you provide will remain confidential.
The charges and allegations contained in the Superseding Indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law. This case is being investigated by Homeland Security Investigations.
Trafficker Pleads Guilty to DistributingThousands of Fentanyl PillsRead the Press Release
Assistant U. S. Attorney Sherri Walker Hobson (619) 961-0287
NEWS RELEASE SUMMARY – June 20, 2019
SAN DIEGO – Marcell Travon Robinson III of Riverside admitted in federal court today that he distributed thousands of fentanyl pills during a three-year period to multiple drug dealers in Southern California.
Robinson pleaded guilty to conspiracy to distribute fentanyl and possession of fentanyl with intent to distribute. He faces a 10-year minimum mandatory sentence to life in custody. He also agreed to forfeit $148,334 in cash and several firearms that were seized during the operation.
According to court records, Robinson was arrested by Naval Criminal Investigative Service agents in October 2018, following their investigation of fentanyl distributors. Homeland Security Investigation Special Agents worked with NCIS during the operation.
His sentencing is scheduled for August 23, 2019 at 8:30 a.m. before U.S. District Judge Gonzalo Curiel.
“This is a very serious warning to dealers and users: You are gambling with your lives,” said U.S. Attorney Robert Brewer. “To dealers, my office is very aggressively pursuing fentanyl distributors. To users, the drugs you are taking probably are not what you think. They are likely to be laced with deadly fentanyl, and may be the last thing you ever do. Don’t make this costly mistake.”
“This plea comes on the heels of a critical seizure of fentanyl-laced pills sometimes being sold to users who presumed they were legitimate pills of oxycodone. Having this individual off the streets and away from being able to distribute these fatal drugs was a joint effort. The NCIS Southwest Field Office appreciates the assistance of our partners at HSI and CBP Air Division during the execution of multiple operations during the course of the investigation.”
DEFENDANT Case Number 18cr5114
Marcell Travon Robinson III Age: 31 Riverside, California
SUMMARY OF CHARGES Case Number
Count 1 – Conspiracy to Distribute Fentanyl, in violation of 21 U.S.C. 841 and 846
Maximum Penalty: Life in custody (Ten year minimum mandatory); $10 million fine
Counts 2 and 3 - Possession of Fentanyl with Intent to Distribute, in violation of 21 U.S.C. 841
Maximum Penalty: life in custody (Ten year minimum mandatory); $10,000,000 fine; supervised release; $100 special assessment).
INVESTIGATING AGENCIES
Naval Criminal Investigative Service
Homeland Security Investigations
Top Dealer in Han Gil Case Pleads GuiltyRead the Press Release
The lead defendant in the Han Gil criminal case pleaded guilty today to gun and drug charges, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Eric Dewayne Freeman, aka “Stuff,” pleaded guilty to conspiracy to possess with the intent to distribute a Schedule I controlled substance, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a felon.
Freeman, 44, is the seventh defendant to plead guilty in the Han Gil case, which has so far resulted in charges against 18 individuals and 1 corporation associated with the notoriously dangerous hotel.
“In his plea, Mr. Freeman admitted that the Han Gil was a haven for drug dealers and violent criminals like himself,” said U.S. Attorney Erin Nealy Cox. “But we knew that based upon the efforts of our investigative team. The Han Gil posed a significant danger to our community, and we’re gratified we succeeded in shutting it down completely.”
“The DEA will pursue investigations, much like the Han Gil Hotel case, until these places are extinct,” said DEA Special Agent in Charge of the Dallas Division Clyde E. Shelley, Jr.
In his plea papers, Freeman admits that he and dealers on his payroll routinely used so-called “trap rooms” within the Han Gil to distribute heroin, methamphetamine and crack cocaine to numerous customers. (Other drug dealers unaffiliated with Freeman used multiple other guest rooms within the hotel in a similar manner.) The users often smoked or injected the drugs inside the trap rooms where drugs were peddled or on hotel premises, which were within 1000 feet of Dallas’ Herbert Marcus Elementary School.
Freeman admitted that two overdose victims died inside rooms at the Han Gil, and their bodies were dumped elsewhere. DEA agents discovered the corpse of a young woman, who died on December 27, 2018, decomposing in the woods almost a month after Freeman and two others dragged her body out of the hotel, he conceded.
Freeman further admitted the owner of the Han Gil, codefendant Su Y. Amos Mun, was aware of the drug dealing, overdoses, and body dumping. He said Mun charged dealers an inflated room rate, dubbed a “drug tax,” in exchange for allowing them to deal out of trap rooms.
Mun collected thousands of dollars from Freeman alone, and often tipped off dealers before law enforcement or city officials arrived for inspections, Freeman said in his plea papers, in which he also admitted that on at least one occasion, he discharged a handgun during an argument over some allegedly stolen drugs.
The hotel – which Mr. Freeman admitted was routinely mired in criminal activity, including drug dealing, unlawful possession of firearms, prostitution and other crimes – was raided on March 7 by a taskforce of more than 50 agents and officers concerned about rampant drug use and escalating criminal activity.
In addition to charging Freeman, Mun, and more than a dozen other conspirators using the hotel, the government moved to shut down the Han Gil, which the Court agreed “endangers the general welfare of the community.”
Freeman now faces a sentence of 10 years to life in federal prison.
Mun, meanwhile, has entered a plea of not guilty. The Indictment against Mun is a formal accusation of criminal conduct, not evidence; like all other defendants, he is innocent until proven guilty. Mun has moved to postpone his trial, which is currently set for July 29.
The Drug Enforcement Administration conducted the investigation with assistance from the Federal Bureau of Investigation, Coppell Police Department, Dallas Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the U.S. Marshal’s Service, Grand Prairie Police Department, Arlington Police Department, Grapevine Police Department, Lancaster Police Department, the State Department, IRS, U.S. Postal Inspection Service, Plano Police Department, Farmers Branch Police Department, Homeland Security Investigations, Garland Police Department, Rowlett Police Department, Denton Police Department, Lewisville Police Department and McKinney Police Department. Assistant U.S. Attorneys Rick Calvert, Chief of NDTX’s Narcotics Section, and Phelesa Guy, Deputy Chief of the Narcotics Section, are prosecuting the criminal case. Assistant U.S. Attorney Lindsey Beran, NDTX Deputy Civil Chief, is handling the civil case.
Three Pensacola Women Sentenced for Methamphetamine Trafficking ConspiracyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Chief Judge Kristi K. DuBose sentenced co-defendants Ernestine Arlecia Brazile, Taralicia Petrice Witherspoon, and Nicole Lasha Lewis on June 14, 2019 for their roles in conducting a drug conspiracy to traffic methamphetamine in violation of 21 USC § 846. Brazile and Witherspoon were each ordered to serve a term of imprisonment of 121 months followed by 5 years of supervised release. Lewis received a time served sentence followed by 3 years of supervised release. The defendants’ guilty pleas were accepted by the Court on February 19, 2019.
In October 2017, a Confidential Informant (CI) informed police officers from the Mobile Police Department (MPD) that he/she could buy methamphetamine from a female from Pensacola. MPD police officers contacted the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) to assist in the investigation and an undercover MPD officer (UC) was introduced to Ernestine Arlecia Brazile by the CI and five controlled buys were made between October 2017 and January 2018. The defendants were very consistent in their actions during each of the five sales of methamphetamine to the UC. During each sale, Brazile would drive to Mobile in a vehicle that was registered to her co-defendant, Nicole Lasha Lewis. While Brazile drove the vehicle, Lewis would ride in the front passenger and Taralicia Petrice Witherspoon would ride in the back seat during the trips to Mobile.
The three defendants would meet the UC at the same gas station in Mobile County. During each drug buy, Brazile would get into the UC’s vehicle front passenger seat and Witherspoon would get in the back seat of the UC’s vehicle. At that point, the UC would provide the money to Witherspoon and Witherspoon would provide the methamphetamine to the UC. Each buy was set up via phone calls and/or text messages from the CI to Brazile to order the methamphetamine. Although Lewis stayed in the passenger seat of her vehicle as the drug deals were being brokered, she would later confess that she knew drug transactions were taking place and she allowed her vehicle to be used for all of the drug deals. The total amount of methamphetamine that the three defendants conspired among themselves and others to distribute and sell was approximately 420 grams of pure (Ice) methamphetamine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Mobile Police Department. The case was prosecuted by Deputy Criminal Chief, Assistant United States Attorney George F. May and Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.Three Men Charged with Gunpoint Robbery of Philadelphia Corner StoreRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Donnie Smith, 40, Abid Stevens, 39, and Maurice Quinn, 41, all of Philadelphia, Pennsylvania were charged by indictment with committing a Hobbs Act Robbery and carrying and using a firearm during the commission of a federal crime. Smith was also separately charged with being a felon in possession of a firearm.
According to the indictment, on March 22, 2019, Smith, Stevens, and Quinn entered the RD Grocery, a corner store in the East Mount Airy section of Philadelphia, stole cash and a firearm from the store employee. During the robbery, two of the defendants were armed with black semi-automatic handguns.
“As alleged in the indictment, the complete disregard that these three defendants had for the safety of others is appalling,” said U.S. Attorney McSwain. “The employee of this store was simply doing their job. No one should need to worry about having a semi-automatic weapon, or any weapon, pointed at them when they go to work. This indictment is an example of how my Office is working to get dangerous criminals off the streets of Philadelphia.”
If convicted of each count in the indictment, each defendant faces a maximum possible sentence of life imprisonment, a $500,000 fine, five years of supervised release, and a $200 special assessment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Robert Eckert.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Foreign Nationals Sentenced for Drug Smuggling on the High SeasRead the Press Release
HOUSTON – The final defendant in a maritime smuggling venture involving nearly 1300 kilograms of cocaine has been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick.
Jose Luis Landazuri Valdes, 25-year-old Colombian national pleaded guilty in November 2018. Co-defendants Herman Julio Cuenu Valencia, a 34-year-old Columbian national and Ecuadoran national Ricardo Alberto Parraga Mendoza, 32, entered their pleas in December and November 2018, respectively.
Today, U.S. District Judge Ewing Werlein Jr. handed Valdes a 63-month sentence. At the hearing, the court noted Landazuri Valdes and Cuenu Valencia were crewmen on the boat under the leadership of the boat captain, Parraga Mendoza. In handing down the sentence, Judge Werlein mentioned the unique character of this case involving international maritime interdiction of large quantities of cocaine, often destined for distribution in the United States.
Cuenu Valencia and Parraga Mendoza were previously sentenced to 70 and 120 months, respectively.
Not U.S. citizens, all are expected to face deportation proceedings following their sentences.
On July 3, 2018, while on routine patrol off the Pacific Coast of Colombia and Ecuador, the U.S. Coast Guard (USCG) Cutter Mohawk detected a 47-foot low profile go-fast boat 300 nautical miles northeast of the Galapagos Islands. USCG launched its small boat which approached and stopped the vessel. Officers boarded the boat and discovered three crewmen on board.
The vessel had no flag, no registration documents, no homeport name and no indicia of identification on the hull of the vessel. Parraga Mendoza identified himself as the captain of the boat.
Officers discovered 38 bales of cocaine weighing approximately 1,280 kilograms in the hold of the boat and five sophisticated satellite communication and global positioning devices.
The three crewmen were taken into custody and transported to Florida.
They were charged with conspiracy to possess with intent to distribute more than five kilograms of cocaine on a vessel in the high seas in violation of the Maritime Drug Law Enforcement Act and the Drug Trafficking Vessel Interdiction Act of 2008. This was the first such prosecution in the Southern District of Texas following a change in the law allowing any jurisdiction in the United States to prosecute such smugglers. The law gives the United States jurisdiction over vessels without nationality found on the high seas with contraband as Congress found that “trafficking in controlled substances aboard vessels is a serious international problem and is universally condemned… Such trafficking presents a specific threat to the security and societal well-being of the United States.”
All have remained in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and USCG conducted the investigation. Assistant U.S. Attorney Edward Gallagher is prosecuting the case.
Three Car Dealership Employees Arrested in Fraud SchemeRead the Press Release
McALLEN, Texas - A federal grand jury has returned an indictment against three former car dealership employees for participating in a long-running scheme to defraud companies, including financial institutions, in connection with car loans in the Rio Grande Valley area, announced U.S. Attorney Ryan K. Patrick.
Law enforcement arrested Ronnie Joe Gomez, 44, of Pharr, David Salinas, 44, of McAllen, and George Villanueva 50, of San Antonio, today. They are expected to make their initial appearances before U.S. Magistrate Judge Peter Ormsby this afternoon at 1:00 p.m.
The indictment, returned June 18, 2019, was unsealed today upon their arrests.
The three are each charged with wire fraud. According to the indictment, the defendants devised a scheme to defraud financial institutions by submitting falsified proof of their customers’ income to purchase motor vehicles.
If convicted, each faces up to 20 years in federal prison and a possible $250,000 fine.
The FBI conducted the investigation. Assistant U.S. Attorneys Frances E. Blake and David A. Lindenmuth are prosecuting the case.
A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Springfield Man Pleads Guilty to Heroin ConspiracyRead the Press Release
BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield in connection with his role in a large-scale drug conspiracy that trafficked dozens of kilos of heroin and fentanyl into Springfield from Bronx, N.Y., and the Dominican Republic.
Marcos Pena, 31, pleaded guilty to one count of conspiring to distribute and possession with intent to distribute heroin and two counts of distribution of and possession with intent to distribute more than 100 grams of heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 24, 2019.
Pena admitted to his part in the conspiracy, which included, amongst other roles, transporting tens of thousands of dollars at a time to sources of heroin in the Bronx and transporting multiple kilograms of heroin back to Springfield, where the heroin would then be packaged at Springfield-based heroin mills.
Pena also admitted to distributing heroin to a government witness on two separate occasions in February 2016. On Feb. 10, 2016, Pena and co-defendant Alberto Marte sold approximately 125 grams of heroin to the witness. Pena again sold 125 grams of heroin to the same witness on Feb. 24, 2016.
Marte has pleaded not guilty and is awaiting trial.
The charge of conspiracy to distribute heroin provides for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of up to $5 million. Each charge of distribution of more than 100 grams of heroin provides for a mandatory minimum sentence of five years in prison, a minimum of four years of supervised release, and a fine of up to $10 million. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Acting Springfield Police Commissioner Cheryl Clapprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sarasota Armed Career Criminal Sentenced to 15 Years for Possessing Firearms and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Tyrone Yancey (49, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Yancey to forfeit the firearms and ammunition. Yancey had pleaded guilty on March 27, 2019.
According to court documents, on August 21, 2018, the Sarasota Police Department, assisted by the Bureau of Alcohol, Firearms and Explosives, executed a search warrant at Yancey’s home. Inside, officers found two pistols, 50 rounds of ammunition, and various controlled substances, including cocaine base. Yancey admitted that the firearms, ammunition, and controlled substances belonged to him. Yancey, who had previously been convicted of multiple felonies, was prohibited from possessing a firearm or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.
This case was brought as part of Project Safe Neighborhoods (“PSN”). 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. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Roanoke Rapids Man Sentenced to More than 16 Years for Convenience Store RobberyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced KEVIN EARL ELROD, 28, of Roanoke Rapids, North Carolina to 197 months imprisonment, followed by 5 years of supervised release.
ELROD was named in an Indictment filed on July 18, 2018 charging him with Robbery of a Business Engaged in Interstate Commerce and Brandishing and Discharging a Firearm in Furtherance of that Crime of Violence. On March 13, 2019, ELROD pled guilty to those charges.
On February 8, 2018, ELROD and a male juvenile entered the New Dixie Mini Mart in Roanoke Rapids. ELROD had a revolver in his hand. Both men had their faces covered. ELROD immediately discharged the weapon into the ceiling of the store and demanded money from the clerk. There were two customers in the store at the time of the robbery and ELROD forced them to lay on the ground. ELROD forced the clerk to the cash register and he and the juvenile stole approximately $250. The juvenile was apprehended the following day and implicated ELROD in the robbery. A search warrant was executed on ELROD’s home where law enforcement found clothing that was used during the course of the robbery. ELROD was apprehended a week after the robbery.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. https://www.justice.gov/usao-ednc/tbnc
The investigation of this case was conducted by the Roanoke Rapids Police Department as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by Assistant United States Attorney Charity Wilson.
Richard L. Durbin, Jr. Recognized by Deputy Attorney General with Lifetime Achievement AwardRead the Press Release
WASHINGTON – Richard L. Durbin, Jr., Senior Litigation Counsel of the U.S. Attorney’s Office in the Western District of Texas, was recognized by Deputy Attorney General Jeffrey Rosen and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 35th Director’s Awards Ceremony today in Washington D.C.
The Western District of Texas was one of 31 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
Deputy Attorney General Rosen told the awardees, “Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”
EOUSA Director Crowell said, “The Department of Justice is in truth a deployed force. Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy. As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”
Mr. Durbin is recognized for his lifetime of incredible service to the United States Attorney’s Office for the Western District of Texas. Since Mr. Durbin first joined as an Assistant United States Attorney 35 years ago, he has served as the Chief of the Appellate Section, the Chief of the Criminal Division, First Assistant United States Attorney, and United States Attorney. In his three decades as a supervisor, Mr. Durbin has overseen tremendous expansion of the office and has provided invaluable guidance and mentorship to generations of prosecutors. Mr. Durbin is considered a critical resource for the Department in areas such as immigration enforcement, the OCDETF program, discovery obligations, and personnel management. Indeed, Mr. Durbin is renowned throughout both the entire Department and Texas for his keen intelligence, broad experience, managerial expertise, wisdom, and kindness.
“Richard has dedicated his career to making all Texans safer. This award recognizes the magnitude of his contributions to Texas and to the United States,” stated United States Attorney John F. Bash.
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Retired U.S. Army Colonel and Businessman Convicted for Conspiring to Bribe Senior Officials of the Republic of HaitiRead the Press Release
BOSTON – A retired U.S. Army colonel and the chief executive officer of an investment company were convicted today by a federal jury in Boston of conspiring to bribe senior officials of the Republic of Haiti in connection with a planned multi-billion dollar infrastructure project in that country.
Joseph Baptiste, 64, of Fulton, Md., and Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, were convicted of conspiracy to violate the Travel Act and the Foreign Corrupt Practices Act. Baptiste was also convicted of one count of violating the Travel Act and one count of money laundering conspiracy. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Sep. 12, 2019.
“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”
“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”
“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”
Baptiste and Boncy solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti in connection with a proposed project to develop a port in the Mole-Saint-Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that they would funnel the payments to Haitian officials through a non-profit entity that Baptiste controlled – which is based in Maryland and purported to help impoverished residents of Haiti – in order to secure government approval of the project.
In telephone calls intercepted pursuant to a court-authorized wiretap, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribe officials at all levels of the Haitian government.
The charges of violating the Travel Act and the Foreign Corrupt Practices Act and conspiracy each provide for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, AAG Benczkowski and FBI Boston SAC Bonavolonta made the announcement. Assistant U.S. Attorney Kriss Basil of Lelling’s Securities and Financial Fraud Unit and Trial Attorney Elina A. Rubin-Smith of the Criminal Division’s Fraud Section are prosecuting the case.
UPDATE: Criminal charges against the defendants, Joseph Baptiste and Roger Boncy, were dismissed in June 2022.
Public Health Alert - THC Infused Edibles: A Potential Hazard to KidsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart wants the public to be aware that THC-infused edibles are being packaged in a manner that is appealing to kids. Parents and caregivers need to be aware of this fake candy and potential other THC infused products containing, in some cases, potent levels of THC. Parents and caregivers should be vigilant to insure the safety of consumable products that could be ingested, intentionally or innocently, by their children.
On June 15, 2019, members of an Appalachia High Intensity Drug Trafficking Area (AHIDTA) Initiative interdicted a parcel containing 7.5 lbs. of tetrahydrocannabinol (THC) infused candy. The parcel originated in California and was destined for Florida when intercepted. Both packages of candy had clear warnings to keep out of reach of children and animals, however, the packaging was almost identical to commercially available products. The AHIDTA Seizure Bulletin can be found here.
“Trick or Treat will never be the same again. This fake “candy” is all trick and no treat,” said United States Attorney Mike Stuart. “It is packaged like candy. It looks like popular candy. It tastes like candy. But, instead, it is a very powerful and potent way to get high. Any unsuspecting child or teenager could easily stumble along a package and innocently eat it not realizing the potency of the THC infused in the product. The average marijuana joint contains .3 grams of THC. This fake “candy” contains nearly 35% more THC than an entire average joint. It is outrageous that this powerful drug is marketed to children. Parenting is challenge enough without having to check a child’s candy for potent levels of THC. This just means parents will have to work double duty on Halloween. I want to personally thank AHIDTA for its initiative and its interdiction of this dangerous product.”
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Photo comparing packages of authentic candy and THC infused edibles.
Portuguese Shipping Company Pleads Guilty to Falsifying Oil Record Book and ObstructionRead the Press Release
Today, Portline Bulk International S.A. pleaded guilty in federal court in Charleston, South Carolina, to one count of violating the Act to Prevent Pollution from Ships and one count of Obstruction. The charges stem from the falsification of the Oil Record Book onboard the M/V Achilleus, a Maltese-flagged ocean-going bulk carrier ship managed by Defendant Portline.
From April 2017 to August 2018, senior members of the vessel’s engineering team oversaw and participated in the bypass of the ship’s Oil Water Separator utilizing a yellow plastic hose, referred to as a magic pipe. The ship’s Chief Engineer made a series of fake entries and key omissions in the Oil Record Book in order to conceal the illegal overboard discharges of oily bilge water. On Aug. 14, 2018, the false Oil Record Book was presented to the U.S. Coast Guard (USCG) during an inspection in the Port of Charleston.
According to court documents, Portline has agreed to pay a criminal fine of $1.5 million when the company is sentenced at a future date. The company would also be placed on organizational probation for four years, which includes an environmental compliance plan.
“The world’s oceans are not a dumping ground for criminals who seek to evade our nation’s environmental laws,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “Today’s guilty plea demonstrates the Department’s commitment to protecting coastal communities through rigorous enforcement of the rule of law.
“The South Carolina coast is one of the most beautiful parts of our nation,” said U.S. Attorney Lydon for the District of South Carolina. “The U.S. Attorney’s Office takes environmental crimes seriously, and corporations and individuals who endanger our valuable marine resources and wildlife by violating federal law will be held accountable. We are grateful to the Coast Guard Investigative Service and the Environment and Natural Resources Division for their ongoing partnership in protecting our waterways.”
“Our team of dedicated marine safety and pollution response professionals worked closely with the Coast Guard Investigative Service to investigate this incident and refer it for enforcement action,” said Captain John Reed, Commander, U.S. Coast Guard Sector Charleston. “This case highlights the Coast Guard’s unwavering commitment to the stewardship of the ocean and its critical marine environment.”
On June 17, 2019, the ship’s former Chief Engineer Anatoli Zotsenko and Second Engineer Valerii Pastushenko, who had previously pleaded guilty to one count of violating the Act to Prevent Pollution from Ships, were sentenced to fines totaling $12,500 and three years’ probation. The probation term includes a special condition that bans Zotsenko and Pastushenko from entering ports and anchorages of the United States.
This case was investigated by the U.S. Coast Guard Sector Charleston and the Coast Guard Investigative Service. The USCG Marine Safety Lab was critical to the analysis of oil samples taken from the vessel. The case was prosecuted by Christopher L. Hale of the U.S. Department of Justice’s Environmental Crimes Section and AUSA Matt Austin from the U.S. Attorney’s Office for the District of South Carolina.
Pittsburgh Woman Pleads Guilty to Fraudulently Obtaining More than 60K Tramadol Pills, Health Care FraudRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of obtaining controlled substances through fraud and health care fraud, United States Attorney Scott W. Brady announced today.
Heather Summerfield, 39, pleaded guilty to two counts before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that Summerfield, following back surgery in 2009, began to use Tramadol, a Schedule IV controlled substance, and became addicted. She obtained fraudulent prescriptions for Tramadol using a number of fraudulent means. She phoned in unauthorized prescriptions to pharmacies falsely posing as a receptionist from her doctor’s office. She also called in unauthorized prescriptions posing as receptionists for doctors that she found online. Summerfield used at least four doctors’ names to receive Tramadol prescriptions, all without their authorization. She also called in the prescriptions using at least 11 fictitious patient names and addresses. Evidence collected indicates that she fraudulently obtained more than 60,000 Tramadol pills.
To the extent that she got prescriptions in fictitious names, she paid for those prescriptions in cash. To the extent that she acquired them in her own name, her health care insurers paid some portion of some of the bills.
Judge Hornak scheduled sentencing for October 3, 2019. The law provides for a total sentence of fourteen years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Summerfield.
Pittsburgh Man Sentenced to 8½ Years in Prison for Distributing Child PornographyRead the Press Release
PITTSBURGH, PA A former resident of Pittsburgh, PA, has been sentenced in federal court to 8 1/2 years’ (102 months’) imprisonment, followed by 10 years’ supervised release on his conviction of distribution of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today. Russell was also sentenced to pay $8,600 in restitution, in varying amounts, to 13 child victims.
Chief United States District Judge Mark R. Hornak imposed the sentence on James Clay Russell, 61.
According to information presented to the court at the time Russell entered a guilty plea, Russell distributed, on February 20, 2017, an image depicting the sexual exploitation of a minor under the age of 12 years using the website, "Chatstep.com". Chatstep.com detected the distribution activity and reported it to the National Center for Missing and Exploited Children, triggering an investigation of the Chatstep user. Russell was identified as the perpetrator and a search warrant was executed at his apartment, resulting in the seizure of computers and DVDs containing thousands of images and videos depicting the sexual exploitation of minors.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
The Pennsylvania Attorney General’s Office and the Department of Homeland Security, Homeland Security Investigations, conducted the investigation that led to the successful prosecution of Russell.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Philadelphia-based Company Agrees to $300,000 Judgment for Sale of Improperly Sourced Computer Supplies to Federal AgenciesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Support of Microcomputers Associates (“SOMA”) has agreed to a judgment against it in the amount of $300,000 for selling printers and other equipment to federal agencies that was manufactured in China and other non-compliant countries.
From 2009-2017, SOMA participated in the General Services Administration’s (GSA) Advantage program, which provides a web-based ordering system for federal agencies including the Department of Defense. Companies that join GSA Advantage certify that the materials they provide are permitted for sale to the United States pursuant to the Trade Agreements Act, 19 U.S.C. § 2501, et seq., and its implementing regulations. These rules provide for the United States and its agencies to purchase American-made materials or materials manufactured in specified allied countries. Instead, SOMA ignored the Trade Agreements Act rules and offered for sale to government agencies printers and other materials manufactured in China, Vietnam, and other non-compliant countries.
SOMA cooperated in the government’s investigation. The settlement is based in part on an evaluation of SOMA’s ability to pay.
“Americans have the right to know that their tax dollars are being spent in a way that Congress intended – here, to support American jobs and American policies,” said U.S. Attorney McSwain. “When United States agencies like the Department of Defense purchase printers or other computing equipment, they need assurance of the quality and security of their purchases. The Trade Agreements Act represents Congress’s determination of how best to accomplish those goals, and the United States Attorney’s Office is ready to investigate and hold accountable GSA contractors who do not follow these clear rules.”
“Congress enacted the Trade Agreements Act with the intention of protecting the government supply chain, along with the American economy,” said GSA OIG Special Agent in Charge Gerald Garren. “GSA OIG will continue to work with its partner agencies to aggressively investigate those suppliers on the GSA Schedule who endeavor to skirt this important law through the sale of non-compliant products.”
“Companies that sell goods to the U.S. Department of Defense (DoD) and other U.S. Government agencies, while ignoring the rules and requirements of the Trade Agreements Act, undermine the federal contracting process,” stated Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service’s (DCIS) Northeast Field Office. “The judgment in this case is the direct result of a joint investigative effort and demonstrates DCIS’ ongoing commitment to work with the U.S. Attorney’s Office and the GSA-OIG to ensure the integrity of the DoD procurement system.”
This settlement resolves allegations in a lawsuit filed in the Eastern District of Pennsylvania by a former SOMA executive, under the qui tam (or whistleblower) provisions of the False Claims Act. The qui tam provisions permit private parties to sue for false claims on behalf of the government and to receive a share of any recovery. The relator here will receive a portion of the funds recovered by the United States.
This investigation was conducted with the General Services Administration Office of Inspector General and the Defense Criminal Investigative Service. For the United States Attorney’s Office, Assistant United States Attorney Paul W. Kaufman handled the investigation and settlement.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Philadelphia Crack Distributor Sentenced to Nearly 10 Years in PrisonRead the Press Release
JOHNSTOWN, Pa. – A resident of Philadelphia, Pa., has been sentenced in federal court to 115 months in prison and three years’ supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Victor J. Henderson, 27, of Philadelphia, Pa.
According to information presented to the court, on April 2, 2018, Henderson possessed with the intent to distribute a mixture and substance containing a detectable amount of cocaine base, also known as "crack."
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation that led to the successful prosecution of Henderson.
Pennsylvania woman admits to role in heroin distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jalisa L. Hawkins, of Duquesne, Pennsylvania, has admitted to her role in a heroin distribution operation, United States Attorney Bill Powell announced.
Hawkins, also known as “Ashley,” age 29, pled guilty to one count of “Conspiracy to Distribute Heroin” and one count of “Distribution of Heroin in Proximity of a Protected Location.” Hawkins admitted to distributing heroin, sometimes near Emmanuel Christian School in Clarksburg, from January 2016 to May 2016 in Harrison County and elsewhere.
Hawkins is facing up to 20 years incarceration and a fine of up to $1,000,000 for the conspiracy count, and faces not less than one year and up to 40 years incarceration and a fine of up to $2,000,000 for the 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 Traci M. Cook is prosecuting the case on behalf of the government. The Greater Harrison Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Pearl River County Man Pleads Guilty to Illegally Possessing a Firearm as a Convicted FelonRead the Press Release
Gulfport, Miss. – Kirk Johnson, 43, of Pearl River County, pled guilty today before U.S. District Judge Sul Ozerden to unlawful possession of a firearm by a convicted felon, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of the Alcohol, Tobacco, Firearms, and Explosives.
Johnson was found guilty of the felony offense and is scheduled to be sentenced by Judge Ozerden on September 19, 2019, at 9:00 a.m. He faces a potential maximum penalty of 10 years in prison and a $250,000 fine.
On October 18, 2018, Johnson, who had previously been convicted of possession of precursor chemicals in Pearl River Circuit Court, sold a loaded .22 caliber revolver to a confidential informant.
The case was investigated by agents from the Alcohol, Tobacco, Firearms, and Explosives Task Force. The case is being prosecuted by Assistant United States Attorney Christopher Carter.
Paterson, New Jersey, Man Charged with Conspiring to Distribute Heroin and CocaineRead the Press Release
NEWARK, N.J. – A Paterson, New Jersey, man was indicted today for conspiring to distribute heroin, U.S. Attorney Craig Carpenito announced today.
Rolfi Ferreira-Cruz, 25, was charged by indictment with one count of conspiring to distribute and possess with the intent to distribute 100 grams or more of heroin and a quantity of cocaine (Count One), possessing with the intent to distribute 100 grams or more of heroin and a quantity of cocaine (Count Two), and possessing a firearm in furtherance of a drug trafficking crime (Count Three). Ferreira-Cruz is currently in custody in the Dominican Republic for attempted murder in a June 9, 2019, shooting.
Counts One and Two carry a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a $5 million fine. Count Three carries a mandatory minimum penalty of five years in prison to be served consecutively to any other term of imprisonment.
U.S. Attorney Carpenito credited special agents of DEA, under the direction of Special Agent in Charge Susan A. Gibson in Newark, as well officers of the Passaic County Sheriff’s Office, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Leah Gould of the OCDETF/Narcotics Unit in Newark.
The charge and allegations of the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Owner of Exporting Company Pled Guilty to Smuggling Goods from the United StatesRead the Press Release
On June 12, 2019, Juan Carlos Rodriguez Espinoza, 53, of Miramar, Florida, pled guilty to one count of smuggling goods from the United States, in violation of Title 18, United States, Section 554.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI), and Diane J. Sabatino, Director, Field Operations, U.S. Customs and Border Protection (CBP), Miami Field Office, made the announcement.
At sentencing, Rodriguez faces a maximum statutory sentence of up to 10 years in prison, three years of supervised release, and a $250,000 fine. Sentencing has been scheduled for August 13, 2019 at 1:30 pm before
U.S. District Court Judge Jose E. Martinez, in Miami, Florida (Case No. 19CR20239).
According to documents filed with the court and statements made during the pea, Rodriguez was the owner and operator of Rapid Export Services, LLC, (“Rapid Export”) a freight forwarding company in Miami, Florida. From in or around March 2016 through in or around May 2016, Rodriguez received, in Miami, thirteen containers of alcohol and cigarettes that were originally shipped from Panama. Rodriguez arranged for the thirteen containers to be held “in bond” at a bonded warehouse operated by Double Ace Cargo, Inc. (“Double Ace”), a freight forwarding company. Subsequently, Double Ace, at Rodriguez’s request, exported the thirteen containers to the Dominican Republic.
Before Double Ace exported the thirteen containers to the Dominican Republic, Rodriguez, based on instructions he received from his client in the Dominican Republic, instructed employees at Double Ace to change the commodity description on the outgoing bills of lading. Rodriguez instructed the employees at Double Ace to change the commodity description to the following commodities: paper, raw material, synthetic textiles or hospital supplies (as opposed to cigarettes and alcohol). Rodriguez acted with the intent to conceal the nature of the goods from the customs authorities in the Dominican Republic. Rodriguez knew that providing false information on the bills of lading was contrary to the laws and regulations of the United States.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI Miami, HSI Dominican Republic and CBP Miami. This case is being prosecuted by Assistant U.S. Attorney Yisel Valdes.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Owner of Vehicle Maintenance and Repair Companies Sentenced to 5 Years in Prison for Bribery and Tax FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that IBRAHIM ISSA, a/k/a “Tony Issa,” was sentenced today in Manhattan federal court to 60 months in prison. ISSA was previously found guilty in December 2018 of bribery of public officials and tax fraud after a federal jury trial before Chief United States District Judge Colleen McMahon, who imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Ibrahim Issa bribed Postal Service managers with cash, lavish meals, gifts, and trips in exchange for lucrative vehicle maintenance and repair jobs on Postal Service vehicles. Then, to compound the felony, Issa evaded both corporate and personal income taxes.”
According to the allegations contained in the Complaint, Indictment, and Superseding Indictment, evidence presented during the trial, and statements made in Manhattan federal court:
From at least in or about 2012 up to and including in or about August 2016, ISSA, who owned and operated numerous auto repair and maintenance companies in the New York area and elsewhere, paid bribes to United States Postal Service Vehicle Maintenance Facility (“VMF”) managers in order to obtain work repairing and maintaining vehicles belonging to the Postal Service. ISSA provided cash, gifts, lavish meals, and trips to these VMF managers in exchange for receiving work for his companies. As a result of some of these bribes, ISSA received millions of dollars in fees from the Postal Service.
In addition, from at least in or about 2012 up to and including in or about August 2016, ISSA conspired with others to evade paying federal income taxes for his auto repair and maintenance companies by misreporting income and expenses to the IRS. ISSA also signed and subscribed to false personal income tax returns. As a result of ISSA’s tax fraud through his companies and personally, ISSA failed to pay hundreds of thousands of dollars in taxes due and owing.
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In addition to the prison sentence, ISSA, 57, of New York, New York, was sentenced to three years of supervised release, and was ordered to pay restitution to the IRS in the amount of $557,176.
Mr. Berman praised the outstanding work of the United States Postal Service Office of the Inspector General and the Internal Revenue Service.
This matter is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Kyle Wirshba, Elizabeth Hanft, and Noah Solowiejczyk are in charge of the prosecution.
Orlando Man Sentenced to More Than 26 Years in Federal Prison for Walmart RobberiesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Catrell Ivory (28, Orlando) to 26 years and 7 months in federal prison for committing armed robberies at two Orlando Walmart stores, attempting to commit an armed robbery at a third Walmart store, and brandishing and possessing firearms during crimes of violence.
Ivory was found guilty on January 30, 2019, following a jury trial.
According to court documents and evidence presented at trial, shortly after midnight on June 2, 2017, Ivory and his accomplices robbed the Walmart Neighborhood Market located at 5559 Clarcona Ocoee Road in Orlando. One of the robbers fired a shot in the direction of a store employee. On July 31, 2017, at approximately 3 a.m., Ivory and his accomplices robbed the Walmart Neighborhood Market located at 2715 South Orange Avenue in Orlando. During the robberies, Ivory and his accomplices forced store employees into the cash room at gunpoint and stole cash from the safe while holding customers and employees at gunpoint at the front of the store. On August 10, 2017, at approximately 6 a.m., Ivory and his accomplices attempted to rob a third Walmart Neighborhood Market located at 8801 Conroy Windermere Road in Orlando, but they were unable to get into the cash office.
During each incident, Ivory and his accomplices carried and brandished firearms and wore masks and gloves to conceal their identities. In total, Ivory and his accomplices stole more than $98,000.
This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
North Bay Village Resident Pleads Guilty and Sentenced to 10 Years for Armed Robbery of Dylan’s Candy BarRead the Press Release
North Bay Village resident and former employee of Dylan’s Candy Bar, located on Lincoln Road, Miami Beach, pled guilty to, and was sentenced to, 10 years for armed robbery of Dylan’s Candy Bar.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Daniel Oates, Chief, City of Miami Beach Police Department, made the announcement.
According to the court record, on February 11, 2019, Jemm Urcil Prospere, 29, robbed the Lincoln Road, Miami Beach location of Dylan’s Candy Bar, owned by Dylan Lauren, daughter of American fashion designer Ralph Lauren. Prospere entered the store wearing a black mask, a black hooded sweatshirt, and blue latex gloves. He then commanded the store’s manager to take him to the vault room. Prospere pointed a firearm at the store manager and demanded the manager to empty the safe and place all the money into a book bag. After emptying the safe, the store manager attempted to disarm Prospere. A struggle ensued and Prospere discharged one round from his firearm. The store manager ultimately overpowered Prospere and pushed Prospere down the stairs. Prospere escaped downstairs and out of Dylan’s Candy Bar with the book bag full of stolen cash.
After accepting his guilty plea, U.S. District Court Judge Federico A. Moreno (Case No. 19-20276-CR-MORENO) sentenced Prospere to 10 years in prison.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and Miami Beach Police Department in this matter. The case was prosecuted by Assistant U.S. Attorney Michael B. Homer.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
New Haven Drug Dealer Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ZARKEE SANDERS, 42, of Hamden, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 65 months of imprisonment, followed by three years of supervised release, for his role in a New Haven drug trafficking ring, and for violating the conditions of his supervised release from a prior federal conviction.
According to court documents and statements made in court, in June 2017, the FBI’s New Haven Safe Streets/Gang Task Force initiated an investigation into a New Haven drug trafficking organization. The investigation, which included physical surveillance, 13 controlled purchases of narcotics, and court-authorized wiretaps on multiple phones, revealed that members of the organization were distributing crack cocaine and oxycodone in the New Haven area. Sanders supplied cocaine to another member of the drug organization knowing that a portion of the cocaine would be converted into crack.
Sanders and several other members of the organization were arrested on federal criminal complaints on February 6, 2018. On February 8, 2018, a grand jury in New Haven returned a 30-count indictment charging Sanders and 18 other individuals with various offenses.
Sanders’ criminal history includes seven drug trafficking convictions, including a federal cocaine trafficking conviction in 2013.
At the time of his arrest, Sanders was on federal supervised release. Judge Bryant sentenced Sanders to 41 months of imprisonment for trafficking cocaine, and a consecutive 24 months of imprisonment for violating the conditions of his supervised release.
Sanders has been detained since his arrest. On March 14, 2019, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, cocaine base (“crack”).
This matter is being investigated by the FBI’s New Haven Safe Streets/Gang Task Force, which includes members from the New Haven Police Department, Milford Police Department, West Haven Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Patrick F. Caruso and David C. Nelson.
New Bedford Police Officer Indicted on Child Pornography OffensesRead the Press Release
BOSTON – A New Bedford police officer was indicted by a federal grand jury in Boston today on charges of possessing and distributing child pornography.
Paul Hodson, 42, of Acushnet, was indicted on one count of distribution of child pornography and one count of possession of child pornography. On June 12, 2019, Hodson was arrested and charged by criminal complaint and has been in custody since. An arraignment date has not yet been scheduled.
Following an investigation into the use of peer-to-peer file sharing networks for the trade of child pornography, a federal search warrant was executed at Hodson’s Acushnet home. Hodson was interviewed on-scene and admitted to using peer-to-peer file sharing software to trade child pornography. In the course of a preliminary on-scene forensic preview of Hodson’s computer, hundreds of child pornography files were recovered, including at least one file that was distributed to undercover law enforcement in the course of the investigation that led to the search warrant.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime 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 and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Acushnet Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nashville Man Sentenced to Federal Prison for Human Trafficking CrimesRead the Press Release
NASHVILLE, Tenn. – June 20, 2019 – Brittan Ezekiel Kettles, aka “Low Low,” 27, of Nashville, Tennessee, was sentenced yesterday to 15 years in federal prison for conspiracy to sex traffic a person under the age of 14 and sex trafficking a person under the age of 14, announced U.S. Attorney Don Cochran of the Middle District of Tennessee. Kettles was convicted by a federal jury in June 2018 after a three-day trial in U.S. District Court.
Evidence at trial established that on or about June 15, 2016, Kettles met a woman by the name of Stormy Whittemore after contacting her through Instagram, a photo and video-sharing social networking site. Within approximately 24 hours of meeting with Whittemore, Kettles disclosed information to her regarding his prostitution enterprise. Using promises of a money, cars, mansions, and other materialistic things, Kettles recruited Whittemore into working for him as a prostitute. Shortly thereafter, Whittemore began prostituting for Kettles in the Nashville area. At the time, Whittemore was 18 years old, and prior to meeting Kettles, she had never prostituted herself before.
To facilitate Whittemore’s prostitution activities, Kettles rented a room at a motel by the Nashville International Airport from June 16, 2016, through June 19, 2016. Kettles also utilized the website www.Backpage.com to advertise her services. The advertisements on Backpage.com sometimes displayed photographs of other female individuals and sometimes of Whittemore. When clients, commonly referred to as a “johns” responded to the advertisement, Kettles would arrange the sexual encounter with Whittemore. Following the encounter, Whittemore provided the money she made to Kettles, typically between $150 and $200 for each encounter.
Between June 16 and June 19, 2016, during the same time that Kettles was prostituting Whittemore in Nashville, he met a 13-year old friend of Whittemore’s. Shortly after meeting the 13-year-old, Kettles, through Whittemore, recruited and enticed her to engage in commercial sex acts. Over the course of the next couple of days, the 13-year-old prostituted herself on behalf of Ketttles and Whittemore. Following each sexual encounter, she provided the money she earned to Whittemore and Kettles, usually by handing the money directly to Whittemore, who would then give the money to Kettles.
During the course of the weekend, Kettles purchased clothing, food, and beverages for Whittemore and the 13-year-old female and also paid for them to receive nail services at a salon, using the money that they had earned to pay for these items and services. At the end of the weekend, Whittemore and Kettles dropped the 13-year-old off at her residence. She later contacted Whittemore and Kettles via text message, asking for $200 of the $800 that she had earned for them. They agreed to give her $60, but in fact only left $15 in the mailbox at her house.
Shortly after these events, the 13-year-old’s mother contacted a non-governmental organization and reported that her daughter had been a victim of human trafficking. This information was relayed to the Metropolitan Nashville Police Department, which then conducted an investigation into the allegations. The 13-year-old subsequently identified Kettles and Whittemore as the individuals who trafficked her between June 16 and June 19, 2016.
Whittemore pleaded guilty in August 2017 and will be sentenced on July 3, 2019.
This case was investigated by the FBI and the Metropolitan Nashville Police Department. Assistant U.S. Attorneys Katy Risinger and Siji Moore prosecuted the case.
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Miami Company Sentenced to Pay $500,000 Fine for Structuring Financial TransactionsRead the Press Release
ALBANY, NEW YORK – Latam Games, LLC of Miami, Florida, was sentenced today to pay a $500,000 fine following its guilty plea to structuring financial transactions to evade currency reporting requirements.
The announcement was made by United States Attorney Grant C. Jaquith; Ray Donovan, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA); and Jonathan D. Larsen, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
A bank is required to report a customer’s deposits of more than $10,000 in currency in a single transaction. According to the plea agreement, between March 2013 and June 2013, to avoid these reports, Latam Games’s corporate officers broke cash deposits into amounts of less than $10,000 and deposited these smaller amounts in Florida, California, and New Jersey. For example, the company deposited $4,240 on March 18, 2013, $7,445 on March 19, and $9,560 on March 20. The company deposited $9,045 on April 25, 2013, and $9,000 the following day.
Latam Games admitted that it willfully violated federal law against structuring as part of a pattern of illegal activity involving more than $100,000 in a 12-month period.
Latam Games and another company, Crescent Marketing, Inc. previously forfeited $2,076,155.11 to the United States.
This case was investigated by the DEA and IRS-CI, and was prosecuted by First Assistant U.S. Attorney Elizabeth C. Coombe and investigated by Assistant U.S. Attorney Jeffrey Coffman. Assistant U.S. Attorney Adam Katz represented the United States in the civil forfeiture action.
Mexican Nationals Sentenced for Conspiracy to Distribute Multi-Kilos of HeroinRead the Press Release
KANSAS CITY, Mo. – Two Mexican nationals have been sentenced in federal court for their roles in a conspiracy that distributed more than 14 kilograms of heroin in the Kansas City, Missouri, metropolitan area, some of which is believed to have resulted in overdoses and deaths.
Julian Felix-Aguirre, 46, and Martin Missael Puerta-Navarro, 38, were sentenced in separate hearings before U.S. District Judge Gary A. Fenner on Wednesday, June 19. Felix-Aguirre was sentenced to 24 years and seven months in federal prison without parole. Pueta-Navarro was sentenced to 14 years and eight months in federal prison without parole.
On Sept. 26, 2018, Felix-Aguirre pleaded guilty to participating in a conspiracy to distribute heroin and methamphetamine, to participating in a money-laundering conspiracy, and to possessing firearms in furtherance of a drug-trafficking crime. Puerta-Navarro pleaded guilty on May 22, 2018, to participating in a conspiracy to distribute heroin and to participating in a money-laundering conspiracy.
Felix-Aguirre was arrested during a traffic stop on Sept. 14, 2016, because he did not have a valid driver’s license. When officers searched his vehicle they found a package that contained approximately 16 ounces of black tar heroin.
Law enforcement officers then executed search warrants at two residences, where they found firearms and ammunition, bulk currency, multiple ledgers, various drug packaging, packaged methamphetamine and heroin, and money transfer receipts.
Felix-Aguirre and Puerta-Navarro are among 26 defendants charged in this case, among whom 16 now have been sentenced.
According to court documents, co-defendant Dennis McLallen, 66, of Overland Park, was in direct contact with Mexico-based heroin and methamphetamine suppliers who worked through Kansas City-based associates, including Felix-Aguirre and Puerta-Navarro. Defendants in the case worked with the Sinaloa cartel in Mexico to establish stash houses, build hidden compartments in load vehicles, receive black tar heroin, sell it to Kansas City-area customers for cash, and deposit or transfer the illicit funds in bank accounts or through wire transfer businesses. McLallen received multi-ounce levels of black tar heroin from his suppliers, which he and other conspirators repackaged into ounce and gram levels for distribution.
McLallen was sentenced on April 18, 2018, to 15 years in federal prison without parole after pleading guilty to his role in the drug-trafficking conspiracy. He admitted that he was responsible for the distribution of more than 10 kilograms of heroin. Conspirators distributed at least 500 ounces (more than 14 kilograms) of heroin, with an average sale price of $1,700 per ounce, for a total of $850,000.
In September 2016, searches were conducted on vehicles and at residences associated with subjects of the investigation, which yielded heroin, methamphetamine, prescription drugs, more than $200,000 in cash, a load vehicle with hidden compartments, drug ledgers, drug packaging, drug scales, firearms, ammunition, a bullet proof vest, and various other drug trafficking-related items.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades and Special Assistant U.S. Attorney Sean T. Foley. It was investigated by the Kansas City, Mo., Police Department, the Drug Enforcement Administration, the FBI, and the Jackson County Drug Task Force.
Mexican National Indicted for Drug Trafficking and Firearm PossessionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Arturo Zavaleta, 39, of Mexico, charging him with trafficking in heroin, methamphetamine, and possessing a firearm in furtherance of a drug crime, United States Attorney McGregor Scott announced.
According to court documents, on June 3, 2019, DEA agents served a search warrant at Zavaleta’s residence in Turlock, California. During a search of the master bedroom, agents discovered heroin, methamphetamine, and three firearms. The home was outfitted with a surveillance camera. In the backyard, agents found approximately 200 marijuana plants and approximately 300 apparent opium poppy bulbs.
This case was the product of an investigation by the Sacramento Drug Enforcement Administration and California Department of Corrections and Rehabilitation. Assistant United States Attorneys Jason Hitt, Amanda Beck, Ross Pearson, and David Spencer are prosecuting the case.
If convicted, Zavaleta faces a maximum statutory penalty of up to life in prison and a $10,000,000 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Man Who Kidnapped Fort Worth 8-Year-Old IndictedRead the Press Release
A federal grand jury has indicted the man caught on camera last month abducting an 8-year-old girl in Fort Worth, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
The grand jury charged Michael Webb, 51, with kidnapping.
Despite filing papers signaling his intent to plead to an Information – a charging document that does not require signoff from a grand jury – Webb elected not to enter a plea at Wednesday morning’s scheduled hearing.
Prosecutors decided to present the case to a grand jury, forgoing any further delay in charging. The grand jury true billed an Indictment Wednesday afternoon.
“We are determined to hold the Defendant accountable for his alleged crime. If he wants a trial – which is his right – we are prepared to prove the facts before a jury,” said U.S. Attorney Nealy Cox, who is on the trial team. “We’ll do whatever it takes to bring this man to justice.”
“FBI Dallas will exhaust the necessary resources to recover all abducted and missing children,“ said Matthew J. DeSarno, Special Agent in Charge of the FBI Dallas Field Office, which worked with the Fort Worth Police Department to investigate the kidnapping and rescue the little girl. “In this case, we were able to actively work with our partners at the Fort Worth Police Department, Department of Public Safety, and Arlington Police Department to safely recover the victim and arrest her alleged abductor.”
Webb, who has been in federal custody since his arrest on May 19, will be arraigned before U.S. District Judge Reed O’Connor on Monday, June 24 at 9 a.m. At that time, he will be required to enter a plea: guilty or not guilty.
An Indictment is a formal accusation of criminal conduct, not evidence; like all other defendants, Webb is presumed innocent until convicted in a court of law.
If proven guilty, he faces a mandatory minimum of 20 years in federal prison and up to life behind bars.
The investigation was conducted by the Federal Bureau of Investigation’s North Texas Child Exploitation Task Force, the Fort Worth Police Department’s Major Case Unit Taskforce, which includes representatives of local law enforcement around the region, and the Texas Department of Public Safety. U.S. Attorney Erin Nealy Cox, Fort Worth Branch Chief Alex Lewis, and Assistant U.S. Attorney Aisha Saleem, the District’s Project Safe Childhood Coordinator, are prosecuting the case.
Local Soccer Trainer Charged with Exchanging Naked Photos with MinorsRead 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 Shelby Garigen, 41, of Clarence Center, NY, was charged by criminal complaint with receipt of child pornography and access with intent to view child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on May 28, 2019, a parent contacted an Assistant District Attorney (ADA) in Monroe County, NY, and advised that the defendant had inappropriate chats via Snapchat with his 17-year-old son (Victim 1). Garigen had, up until approximately one month prior, served as the athletic trainer for Victim 1’s elite soccer team, and had been associated with the soccer program for approximately the past 12 years. The Monroe County ADA contacted the FBI regarding the case.
The complaint states that Garigen and Victim 1 communicated via Snapchat between November 2018 and February 2019. The conversation turned sexual about a week or two after the defendant and Victim 1 began chatting with Garigen sending Victim 1 a picture of her breasts. After sending the picture, the defendant requested that Victim 1 send a naked picture. Thereafter, the two began exchanging sexually explicit photos of themselves to one another over Snapchat. All told, Garigen requested that Victim 1 send her nude pictures on approximately 8 or 9 occasions, while the defendant herself sent 7 or 8 nude pictures of herself.
During the investigation, an undercover investigator assumed the online identity of Victim 1, and re-engaged with Garigen on Snapchat. Thereafter, the defendant engaged in sexually explicit conversation and sent videos of her engaged in sexually explicit conduct. Eventually, arrangements were made for Garigen to meet with Victim 1 so that the two could engage sexual activity. On June 14, 2019, Garigen arrived at the designated location in order to pick-up Victim 1 so that they could return to her house to engage in sexual activity. At that time, a federal search warrant was executed to seize and search Garigen’s phone.
The investigation also determined that the defendant exchanged nude pictures with a second 17-year-old male (Victim 2), who was also associated with the elite soccer team.
“While this case is somewhat unusual in that the defendant is a woman,” U.S. Attorney Kennedy observed, “it is familiar in the sense that defendant used two of the most frequent and common methods that child predators use in order to gain access to children. The first is the internet, and the second is occupying a position of authority and trust in the child’s life. Parents should be coaching their kids on how to defend themselves from these sorts predators.”
“The exploitation of children is so prevalent in this country-and around the world-that the FBI and our law enforcement partners have full time task forces to attack this crime problem,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “That is a terrible reality. We often remind parents to talk to their children about the dangers of meeting strangers online. But more and more often, we are seeing children victimized by adults who have been placed in positions of trust. And youth-sports programs, like all youth-serving organizations, give adults incredible access to our children.”
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions, including no employment with any youth related sports program, no contact with minors, restrictions on the use of electronic devices, and electronic monitoring.
Any parent or member of the public who has information related to this case are asked to call the Federal Bureau of Investigation at 716-843-1616.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
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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Leader, Enforcer Sentenced for Conspiracy to Distribute 45 Kilos of MethRead the Press Release
KANSAS CITY, Mo. – The leader and the enforcer of a drug-trafficking organization that distributed more than 45 kilograms of methamphetamine in the Kansas City metropolitan area were sentenced in federal court today.
Jennifer Gladman-Carnall, 37, of Kansas City, Missouri, and Michael Keavney, 42, of Kearney, Missouri, were sentenced in separate appearances before U.S. District Judge Roseann Ketchmark. Gladman-Carnall was sentenced to 11 years and six months in federal prison without parole. Keavney was sentenced to 15 years and eight months in federal prison without parole. They are among 11 defendants who have been convicted in this case.
Gladman-Carnall pleaded guilty on May 4, 2018, to being the leader of the drug-trafficking conspiracy, which she admitted distributed more than 45 kilograms of methamphetamine. She also pleaded guilty to conspiracy to commit robbery (of a methamphetamine dealer) and to aiding and abetting the use and brandishing of a firearm during that robbery.
Keavney pleaded guilty on Sept. 13, 2018, to his role in the conspiracy to distribute methamphetamine. According to court documents, Keavney played the role of an “enforcer” in this conspiracy. Keavney provided security for co-defendants, and was himself involved in distributing 2.4 kilograms of methamphetamine. He also arranged deals, delivered narcotics, collected money, and arranged the illegal sale of firearms. Keavney was a principle actor in the conspiracy as he was directly connected with several large scale drug dealers, was regularly armed with firearms, and sold firearms.
After being indicted and released on pretrial supervision, according to court documents, Keavney violated his supervisions several times for using drugs, absconding, and committing new law violations. On April 19, 2017, Keavney was driving a stolen motorcycle at excessive speeds. When law enforcement attempted to stop him, he crashed the motorcycle and fled on foot. After ultimately being detained, Keavney was highly intoxicated and in possession of a knife and brass knuckles. Toxicology reports indicated that he had opiates, methamphetamine, marijuana, and alcohol in his system. After being discharged from the hospital, Keavney absconded from supervision for nearly four months before he was arrested. On Aug. 15, 2017, Keavney’s pretrial bond was revoked and he was remanded to custody.
This case is being prosecuted by Assistant U.S. Attorneys David Raskin and Matthew Moeder. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Jackson County Drug Task Force.
Lead Defendant in Baltimore Drug Distribution Conspiracy Sentenced to More Than 11 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Ashley Grossman, age 30, of Baltimore to 135 months in federal prison, followed by five years of supervised release, for a conspiracy to distribute fentanyl, heroin, and cocaine in the German Park area in Baltimore’s Central District. The sentence was imposed on June 19, 2019.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Michael Harrison of the Baltimore Police Department; Anne Arundel County Police Chief Tim Altomare; and Baltimore City State’s Attorney Marilyn J. Mosby.
“State and federal law enforcement and prosecutors in Baltimore City are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur. “We’re also targeting drug dealers who use guns and increase the risk of gun violence in Maryland. More and more people are dying from fentanyl overdoses in Baltimore City and throughout the state. Working together with law enforcement partners, we are determined to reduce the number of opioid overdose deaths in Maryland.”
According to her plea agreement, from at least January 2017 through July 2018, Ashley Grossman conspired with others to distribute fentanyl, heroin, and cocaine through a street-level drug shop called the Young Finesse Kings (“YFK”). Ashley Grossman was one of the leaders of the shop, which operated primarily in the German Park area of Baltimore City.
Law enforcement conducted surveillance of the YFK drug shop and observed many drug transactions, and Baltimore Police officers arrested members of the conspiracy on several occasions. In addition, law enforcement obtained wiretaps for Ashley Grossman’s cellular phone and intercepted numerous communications with co-conspirators discussing the operation of the drug shop. For example, in one conversation, Grossman was overheard discussing the payment made to another co-conspirator, Anthony Whitaker, for coordinating the drug sales at the shop. In addition, law enforcement intercepted a number of communications between Grossman and her supplier, Barry Martin, including several on March 14, 2018, coordinating a meeting that day. Investigators tried to observe the meeting but arrived just as Grossman’s truck was leaving the location. Investigators saw Grossman exit the truck carrying a small black bag, which was believed to contain narcotics obtained from Barry Martin, and go into a home in the 1700 block of Hollins Street. A short time later, another conspirator was seen leaving the home, placing an item in the rear passenger seat of the truck and driving away.
Law enforcement executed a search warrant at the Hollins Street residence on April 12, 2018 and recovered scales and other drug paraphernalia consistent with the YFK street operations. On July 11, 2018, law enforcement executed a search at Barry Martin’s residence and recovered two firearms, approximately 529 grams of suspected heroin/fentanyl, 254 grams of suspected cocaine, and $157,658 in cash.
Co-defendants Brandon Reese, a/k/a “Gangsta.” age 36; Ratrez Colson, age 20; Anthony Whitaker III, a/k/a “TY,” age 24; and Barry Martin, age 44, all of Baltimore, have all pleaded guilty to the drug conspiracy. Martin was sentenced to 11 years in federal prison and each of the other defendants faces a minimum mandatory sentence of 10 years in prison and up to life in prison. Judge Blake has scheduled sentencing for Colson on July 12, 2019 at 9:15 a.m.; for Whitaker on August 1, 2019 at 9:15 a.m.; and for Reese on September 20, 2019 at 10:30 a.m. Four other co-defendants are awaiting trial.
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. 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.
United States Attorney Robert K. Hur commended the FBI, the Baltimore Police Department, the Anne Arundel County Police Department, and the Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Christine Goo and Brandon K. Moore, who are prosecuting the case.
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Las Vegas Tax Preparer Sentenced to 15 Months in Prison for Filing False Tax ReturnsRead the Press Release
LAS VEGAS, Nev. – A Las Vegas tax return preparer who falsified his own tax returns as well as those of his clients was sentenced today to 15 months in federal prison, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Acting IRS Special Agent in Charge (Criminal Investigation) Ismael J. Nevarez Jr.
According to documents and information provided to the court, for tax years 2013 through 2016, Rosalio Amezcua Alcantar, 67, willfully underreported his taxable income while operating his tax return preparation business, Direct Services Group, in Las Vegas, Nevada. By falsely reporting less revenue than he earned and by claiming business expenses that were either fictitious or impermissible, Alcantar underreported his taxable income by more than $140,000 over the course of four years.
As part of the plea agreement, Alcantar also admitted that, in his capacity as a tax preparer, he purposely and fraudulently claimed charitable contribution and business expense deductions to which his clients were not entitled. As a result of false returns he filed on behalf of his clients, Alcantar caused more than $200,000 in tax loss. Alcantar further admitted that he also misrepresented his income to the Social Security Administration to fraudulently obtain Social Security benefits for himself and his daughter.
At the time Alcantar committed these acts, he was serving a three-year term of supervised release imposed after his federal conviction for Conspiracy to Commit Mail and Wire Fraud.
In addition to the term of imprisonment, U.S. District Court Judge James C. Mahan ordered Alcantar to serve one year of supervised release and to pay restitution of $62,597.40 to the Internal Revenue Service and Social Security Administration.
The case was investigated by Internal Revenue Service–Criminal Investigation and the Treasury Inspector General for Tax Administration. Assistant U.S. Attorney Tony Lopez prosecuted the case.
Las Vegas Doctors, Unlicensed Nurse and Two Others Arrested and Indicted for Trafficking Schedule III Controlled SubstancesRead the Press Release
LAS VEGAS, Nev. – An indictment by a federal grand jury was unsealed today charging an unlicensed advance nurse practitioner (APRN), two doctors, and two others for conspiring to distribute buprenorphine, a Schedule III Controlled Substance, announced United States Attorney Nicholas A. Trutanich and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.
Michael Halprin, 68, an unlicensed APRN in Las Vegas, Nevada; Chad Hall, D.O., 39, of Las Vegas; Ronald Smith, M.D., 50, of Las Vegas; Janell Olson, 49, of Las Vegas; and Eghomware Igbinovia, a/k/a Jerry Igbinovia, 44, of Las Vegas, are all charged with conspiracy to possess with intent to distribute and with distributing buprenorphine, an opioid classified as a Schedule III controlled substance. Halprin, Hall and Olson are also all charged with distribution of Valium, a Schedule IV controlled substance. Halprin, Hall, Smith and Olson are also charged with obtaining a controlled substance by misrepresentation and Halprin and Hall are charged additionally with maintaining a drug-involved premises.
“The U.S. Attorney's Office will target and prosecute doctors who illegally dispenses addictive opioids, thus placing personal greed above the health and safety of his or her patients,” said US Attorney Trutanich. “Working in lockstep with our law enforcement partners, we will work diligently to reduce, and then stamp out, the opioid crisis.”
Halprin and Olson were arrested and will make their initial appearance in federal court in Melbourne, Florida today. Smith and Igbinovia were arrested in Las Vegas, Nevada and are scheduled to make their initial appearance before United States Magistrate Judge Nancy J. Koppe today. Hall is expected to make his initial appearance in Reno, Nevada on June 21, 2019.
The maximum penalty for maintaining a drug-involved premises is 20 years in custody and a fine of $500,000. The maximum penalty for conspiracy to distribute and distributing buprenorphine is 10 years of imprisonment and a fine of $500,000. The maximum penalty for distributing Valium is five years imprisonment and a fine of $250,000. The maximum penalty for obtaining a controlled substance by misrepresentation is four years and a fine of $250,000.
According to the Centers for Disease Control and Prevention, while increased therapeutic use of buprenorphine may help reduce prescription opioid abuse and misuse, nontherapeutic or inappropriate use of buprenorphine can cause serious and potentially life-threatening effects among children and adults.
An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The joint investigation was conducted by the FBI; DEA; and Nevada State Board of Pharmacy. In 2017, the Department of Justice funded a dedicated opioid prosecutor to the United States Attorney’s Office for the District of Nevada. The case is being prosecuted by Assistant United States Attorney Nadia Ahmed.
Kuna Man Sentenced to 30 Years in Federal Prison for Drug Trafficking and Gun CrimesRead the Press Release
BOISE – David William Fischer, 33, of Kuna, was sentenced to 360 months in federal prison for possession of over five grams of methamphetamine with intent to distribute, unlawful possession of firearms, and possession of firearms in furtherance of drug trafficking, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also sentenced Fischer to eight years of supervised release once he has completed his prison term.
According to court records, on September 26, 2017, the U.S. Marshals Service’s Greater Idaho Fugitive Task Force (GIFT) and Anti-Crime Team in Our Neighborhoods (ACTION) were executing an arrest warrant for Fischer when officers discovered him in the Red Lion Hotel in downtown Boise. After a forty-five minute standoff, Fischer, a felon, was arrested without incident and found in possession of two handguns and approximately 42 grams of methamphetamine. After a two-day trial earlier this year, Fischer was found guilty on all charged counts. Under federal law, it is illegal to possess a firearm in order to further a drug trafficking crime or federal crime of violence.
This case was investigated by the U.S. Marshals Service’s GIFT, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Garden City Police Department and the Ada County Sheriff’s Office.
This case was prosecuted as part of the Department of Justice’s Project Safe Neighborhoods (PSN) program. 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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Kentwood Man Sentenced for Interstate Threat to Injure U.S. SenatorRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Rick Lynn Simmons, 52, of Kentwood, Michigan was sentenced by U.S. District Judge Janet T. Neff for making an interstate telephone call to the Camden, New Jersey office of U.S. Senator Cory Booker and leaving a voicemail message with a threat to injure Senator Booker. Simmons will serve 15 months of confinement, 2 years of supervised release, and pay a $2,000 fine. Judge Neff commented that this threat does not necessarily reflect an isolated incident based on Simmons’ internet searches of contact information of other public officials following this incident.
Simmons admitted at the plea hearing that he placed a call in the evening of October 26, 2018 from his Kent County, Michigan home to Senator Booker’s office and left a voicemail message from that call. Simmons further admitted at the plea hearing to leaving a vulgarity-filled message in that call during which he threatened to put a 9 millimeter gun into the face of Senator Booker and put "guns a blazin."
"This conviction and sentence should serve as a warning to others who, like Simmons, stoop to such threats of violence," U.S. Attorney Birge said.
"The FBI has zero tolerance for anyone who threatens to do harm to others," said FBI Detroit Field Office Special Agent in Charge Timothy R. Slater. "We hope this sentence sends a strong message that the FBI, working in conjunction with our federal, state, and local partners, will investigate these threats thoroughly so we can keep our citizens safe."
The case was jointly investigated by the U.S. Capitol Police, Kentwood Police Department, and the FBI - Grand Rapids Violent Crime Task Force – which includes the Grand Rapids Police Department, the Michigan Department of Corrections, and the FBI. Assistant U.S. Attorney Clay M. West prosecuted the case.
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Kentucky Man Sentenced to Life in Prison for First Degree MurderRead the Press Release
TUCSON, Ariz. – On June 17, 2019, Dana Louis Mattingly, 58, of Louisville, Kentucky, was sentenced by U.S. District Judge James A. Soto to life in prison.
On March 8, 2013, Mattingly, while serving a sentence for armed bank robbery, entered the cell of another inmate in the U.S. Penitentiary in Tucson, bound him, then choked and repeatedly stabbed him to death. Mattingly entered a plea of guilty to first degree murder on February 27, 2019.
The investigation in this case was conducted by the Federal Bureau of Investigation, in Tucson. The prosecution was handled by Carin C. Duryee and Carmen F. Corbin, District of Arizona, Tucson.
Justice Department Sues to Block Quad’s Acquisition of LSCRead the Press Release
The Department of Justice filed a civil antitrust lawsuit today seeking to block Quad/Graphics Inc.’s proposed acquisition of LSC Communications Inc. in order to preserve competition in the markets for magazine, catalog, and book printing services in the United States.
The Antitrust Division’s lawsuit alleges that the transaction would combine the only two significant providers of magazine, catalog, and book printing services, denying publishers and retailers throughout the country the benefits of competition that has spurred lower prices, improved quality, and greater printing output. The Department filed its lawsuit in the U.S. District Court for the Northern District of Illinois.
“American publishers and retailers rely on Quad and LSC to print and distribute billions of magazines, catalogs, and books each year,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “LSC is Quad’s primary competitor. If this deal were allowed to proceed, Quad would dominate the markets for magazine, catalog, and book printing services and be able to raise prices and reduce quality at the expense of publishers, retailers, and, ultimately, American consumers.”
The magazine, catalog, and book printing services offered by Quad and LSC include the printing, finishing, and distribution of publications to newsstands, retail facilities, or the postal service for delivery to consumers’ homes. Quad and LSC are by far the largest printers in the United States and are relied upon by many of the largest publishers and retailers to ensure that high-quality products are printed and distributed on time.
According to the Department’s complaint, Quad and LSC view each other as their “#1 competitor,” and intense head-to-head competition between them has directly benefitted their customers through lower prices and better-quality services. The complaint quotes internal presentations and emails describing this competition:
- Internal documents outline the “two-horse race between LSC and Quad.”
- A Quad internal presentation explained, “we are the only printer other than LSC that can offer the largest Publishers a complete solution.”
- Executives observed a publisher “exploiting the fact that LSC [and] Quad[’s] CEO’s want to beat each other into oblivion.”
- A senior Quad executive remarked of LSC, “We’ve been in a price war with them for some time. Don’t see that changing.”
- After hearing news of the merger, one Quad executive reflected on a recent battle between it and LSC and remarked, “I admit, in the case of [a large customer] I’m taking significant satisfaction in the news . . . . I’m sure it’s a bitter pill for them to swallow.”
The complaint alleges that Quad’s proposed acquisition of LSC would put an end to the “price war” between the two and allow it to dominate the magazine, catalog, and book printing markets.
Quad/Graphics Inc. is a Wisconsin corporation headquartered in Sussex, Wisconsin. It offers a variety of printing services, including magazine, catalog, and book printing services, to publishers across the country. In 2018, Quad’s revenues were approximately $4.2 billion.
LSC Communications Inc. is a Delaware corporation headquartered in Chicago, Illinois. In 2016, it was spun off from printing firm R.R. Donnelley. LSC offers a similar set of magazine, catalog, and book printing services as Quad. In 2018, LSC’s revenues were approximately $3.8 billion.
Justice Department Settles Housing Discrimination Lawsuit Against St. Bernard Parish, LouisianaRead the Press Release
The Department of Justice announced today that St. Bernard Parish, Louisiana, has agreed to pay more than $1 million to settle a lawsuit alleging that the Parish violated the Fair Housing Act when it refused to allow two small group homes for up to five children with disabilities to open in single-family neighborhoods.
“The Fair Housing Act prohibits local governments from applying their zoning laws in a manner that discriminates against persons with disabilities,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This settlement underscores the Civil Rights Division’s commitment to ensure that children with disabilities have access to housing in all communities.”
“Access to safe, sanitary, and secure housing is a fundamental civil right for all persons within the Eastern District of Louisiana, and this settlement agreement continues efforts to ensure compliance to The Fair Housing Act,” said U.S. Attorney Peter G. Strasser for the Eastern District of Louisiana. “I commend the cooperative efforts of St. Bernard Parish to reach a resolution that is in the best interests of our community.”
“Persons with disabilities have a right to have access to the type of housing that meets their needs,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “Today’s settlement sends a strong message that HUD and the Justice Department are committed to ensuring that cities and municipalities fully adhere to the requirements of the Fair Housing Act.”
The United States’ suit, filed in U.S. District Court in New Orleans, Louisiana, in December 2018, alleged that St. Bernard Parish violated the Fair Housing Act when it denied requests for reasonable accommodations to its zoning ordinance to allow the two group homes to operate in single-family neighborhoods of the Parish. Shortly after learning that the homes were planning to open, the Parish amended its zoning code to prohibit group homes of any size in single-family neighborhoods. The two group home operators filed complaints with HUD, which in turn referred the complaints to the Department of Justice. The group home operators filed a lawsuit in 2016, which they have settled with the Parish.
Under the settlement, St. Bernard Parish will pay $975,000 in monetary damages and attorneys’ fees to the two group home operators, and a $60,000 civil penalty to the United States. The Parish amended its zoning ordinance to permit small group homes in single-family residential districts, amended its reasonable accommodation policy, and will take a number of actions to guard against further housing discrimination. These other actions include training officials and individuals involved in zoning and land use, designating a fair housing compliance officer, and reporting periodically to the Department of Justice during the term of the agreement.
The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-66-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Justice Department Requires Harris and L3 to Divest Harris’s Night Vision Business to Proceed with MergerRead the Press Release
The Department of Justice announced today that it is requiring Harris Corporation (Harris) and L3 Technologies Inc. (L3) to divest Harris’s night vision business in order to proceed with their merger.
The Department further said that, without the divestiture, the proposed acquisition would eliminate competition between the only two suppliers of U.S. military-grade image intensifier tubes, which are the key component in night vision devices such as goggles and weapon sights purchased by the Department of Defense (DoD) for the United States military.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the Department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.
“The merger, as originally structured, would have given the combined company a monopoly over image intensifier tubes, an essential component in night vision devices used by the United States military,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will ensure that our armed forces continue to benefit from competition for a mission critical component that soldiers operating in low-light environments rely on every day.”
According to the Department’s complaint, Harris and L3 are the only suppliers of U.S. military-grade image intensifier tubes for night vision devices such as goggles and weapon sights that are purchased by the DoD. Image intensifier tubes are the critical component in these devices, which amplify visible light to increase situational awareness, threat detection, and mission performance of American soldiers and aircrews operating in low-light environments. The Department’s complaint alleges that competition between Harris and L3 has resulted in lower prices, higher quality, and shorter delivery times and has fostered innovation that has led to the development of image intensifier tubes with higher sensitivity and resolution. According to the complaint, the combination of Harris and L3 would leave the DoD without a competitive alternative for this critical input and likely result in higher prices, less favorable contract terms, and reduced research and development efforts.
Under the terms of the proposed settlement, Harris and L3 must divest Harris’s entire night vision business, including its manufacturing facility in Roanoke, Virginia, to an acquirer approved by the United States.
The Antitrust Division and the DoD cooperated closely throughout the course of their respective investigations of the transaction.
Harris is incorporated in Delaware and has its headquarters in Melbourne, Florida. Harris provides night vision devices and image intensifier tubes, tactical communications solutions, electronic warfare solutions, and space and intelligence systems. In 2018, Harris had sales of approximately $6.2 billion.
L3 is incorporated in Delaware and is headquartered in New York, New York. L3 provides night vision devices and image intensifier tubes; intelligence, surveillance, and reconnaissance systems; aircraft sustainment, simulation, and training; and security and detection systems. In 2018, L3 had sales of approximately $10.2 billion.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Maribeth Petrizzi, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
Jury Finds District Man Guilty of Assault with a Dangerous WeaponRead the Press Release
WASHINGTON – Maxim R. Smith, 25, of Washington, D.C., was found guilty by a jury yesterday of assault with a dangerous weapon, for beating a man approximately ten months ago in Northwest Washington, U.S. Attorney Jessie K. Liu announced today.
Smith was found guilty on June 19, 2019, following a trial in the Superior Court of the District of Columbia. Smith was convicted of assault with a dangerous weapon and assault with significant injury while armed. The Honorable Judge Kimberley S. Knowles scheduled sentencing for August 30, 2019. Smith faces a statutory maximum of 10 years of incarceration.
According to the government’s evidence, on August 6, 2018, the victim was driving in his vehicle through Georgetown after a friend’s gathering. As he drove toward Wisconsin Avenue NW on M Street NW, he encountered Smith stopped on his bicycle in the middle of the right turn lane. The victim honked his horn, and Smith yelled expletives at the victim and did not move. The victim then passed the defendant on the left side in his vehicle, and at that point heard a loud thump on the back of his car. Assuming the defendant had hit his car with an object, the victim turned right onto Wisconsin Avenue NW and pulled his car to the side of the road. The victim got out of his car to inspect for damage and to call the police. Smith also turned right onto Wisconsin Avenue NW and rode his bike to Prospect Street. As soon as Smith turned back and saw the victim on the phone, he shouted to the victim, “Are you really calling the police?” and directed a racial slur at him. The victim is a black male from Cameroon, and the defendant is a white male. Smith then rode aggressively back toward the victim and got into a physical altercation with him. Smith then struck the victim on the head with a metal u-lock while yelling racial slurs at him. The victim required 21 stiches to his head as a result of the assault.
In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also acknowledged the work of those who handled the case at the U.S. Attorney’s Office including Assistant U.S. Attorneys Jack Korba and Alyse Constantinide.
Junction City Woman Sentenced for Possessing Child PornRead the Press Release
TOPEKA, KAN. – A Junction City woman was sentenced today to five years in federal prison for possession of child pornography, U.S. Attorney Stephen McAllister said.
Kayla Michelle Simpson, 24, Junction City, Kan., pleaded guilty to one count of possessing child pornography. On Sept. 20, 2016, law enforcement seized Simpson’s iPhone. In her plea, Simpson admitted that her phone contained images of her having sex with a juvenile female.
McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case. The case was prosecuted as part of the Justice Department’s Project Safe Childhood initiative.
Inmate-Gang Member Pleads Guilty to Using the Mail to Threaten to Kill Federal Prosecutor and the Prosecutor’s FamilyRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Dylan Ray Langley (24, Fort Myers) has pleaded guilty to use the U.S. Mail to threaten to injure an officer of the United States. Langley faces a maximum penalty of 10 years in federal prison.
According to court documents, while serving a state prison sentence for armed robbery, Langley mailed a letter to an Assistant United States Attorney. In his letter, Langley threatened to kill the prosecutor as revenge for his having prosecuted Langley’s “brother.” He also made serious threats against the prosecutor’s family. When interviewed by federal agents, Langley admitted that he had sent the letter and intended to carry out his threats. He explained that the letter’s mention of a “brother” did not refer to any biological brother, but rather a fellow gang member. Langley changed his story after an agent told him that if a state prisoner commits, and is convicted of, a federal crime, then the prisoner must serve his state sentence and then the federal sentence. During a second interview with agents, Langley claimed that he never intended to carry out the threat and mistakenly had believed that threatening a federal official would result in him being moved from state custody into federal custody.
This case was investigated by Federal Bureau of Investigation, the U.S. Marshals Service, and the Florida Department of Corrections. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.