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24 July 2019
Inmate Sentenced for Murder-For-Hire SchemeRead the Press Release
BOSTON – An inmate was sentenced yesterday in federal court in Boston in connection with a murder-for-hire scheme.
Mason Stickney, 21, of Byfield, was sentenced by U.S. District Court Judge Denise J. Casper to 90 months in prison and three years of supervised release. In March 2019, Stickney pleaded guilty to three counts of using a facility of interstate commerce in the commission of murder-for-hire. Stickney was indicted in November 2017; he is currently in state custody on unrelated charges.
In October 2017, Stickney, who was in custody at the Essex County House of Corrections, approached a fellow inmate and solicited his assistance in the murders of a police officer, a restaurateur from New Hampshire and a student. The fellow inmate reported Stickney’s solicitation to authorities. Thereafter, at the request of investigators, the inmate provided Stickney with the phone number of a would-be hitman, who was actually an undercover agent.
In recorded conversations between Nov. 3 and Nov. 8, 2017, both on the phone and in person at the jail, Stickney described to the undercover agent the individuals he wanted killed and how he wanted the murders committed. Stickney promised to pay the undercover agent $10,000 upon his release from jail, as well as to “get rid of three people for you guys.”
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Essex County District Attorney Jonathan Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Essex County Sheriff Kevin F. Coppinger made the announcement. Assistant U.S. Attorney Robert Richardson of Lelling’s Major Crimes Unit prosecuted the case.
Indictments: Postal Employees Stole from MailRead the Press Release
TOPEKA, KAN. – A grand jury today returned indictments against two Kansas postal employees charged in separate cases with stealing mail, U.S. Attorney Stephen McAllister said.
Stacy A. Vasko, 31, Salina, Kan., was charged with two counts of theft by a postal employee. The indictment alleged she stole gift cards from the mail. The crimes were alleged to have occurred in February and April 2019 in Brookville, Kan.
In a separate case, Timothy J. Pacha, 28, Herkimer, Kan., was charged with one count of stealing mail and one count of destroying or detaining mail. The crimes are alleged to have occurred from January to April 2019 in Marysville, Kan.
If convicted, the defendants face up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
OTHER INDICTMENTS
Illya Tyler, 53, Indianapolis, Ind., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred July 11, 2019, in Wyandotte County, Kan.
If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. U.S. Attorney Stephen McAllister and Special Assistant U.S. Attorney Michelle McFarlane are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Immigration Attorney Arrested for BriberyRead the Press Release
BROWNSVILLE, Texas – Federal authorities have arrested a Weslaco attorney following the return of an indictment alleging conspiracy and bribery involving immigration detention employees, announced U.S. Attorney Ryan K. Patrick.
Today, law enforcement took Roel Alaniz, 39, of Weslaco, into custody. He is expected to make his initial appearance before U.S. Magistrate Judge Ignacio Torteya III tomorrow at 10:00.
The seven-count indictment, returned yesterday, alleges he obtained “alien detainee roster lists” from immigration detention employees who received cash payments in return.
In May 2019, a federal grand jury also indicted Benito Barrientez, 42, of Lyford, Damian Ortiz, 30, of Weslaco, and Exy Adelaida Gomez, 42, of Los Fresnos. Barrientez and Ortiz were employed at the Willacy County Regional Detention Center, while Gomez was employed at the El Valle Detention Center. Both facilities are located in Raymondville.
Barrientes, Ortiz and Gomez allegedly obtained these lists from the El Valle Detention Center and the Port Isabel Detention Center while employed in their capacities as classification clerk, senior program director and corrections officer, respectively.
These three are charged with providing the lists which contained names, dates of birth, country of origin and “A-numbers” of alien detainees to Alanis. The indictment alleges Alanis, an attorney with a practice in in the Rio Grande Valley, paid money in return. He would then visit, or instruct others to visit, illegal aliens for the purpose of hiring his law firm as their attorney in immigration proceedings, according to the charges.
If convicted, Alanis faces up to 15 years for bribery and a maximum of five years for the conspiracy. The charges also carry a possible penalty of $250,ooo.
Immigration and Customs Enforcement (ICE) – Office of Professional Responsibility conducted the investigation along with Department of Homeland Security – Office of Inspector General and ICE’s Homeland Security Investigations. Assistant U.S. Attorney Oscar Ponce is 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.Illegal Alien Sentenced for Unlawful Reentry by an Alien After RemovalRead the Press Release
Gulfport, Miss. – Miguel Angel Garcia-Escobar, 26, an illegal alien from Mexico, was sentenced today by U.S. District Judge Sul Ozerden to “time served” (132 days) and one year of supervised release for unlawful reentry by an alien after removal, announced U.S. Attorney Mike Hurst and Scott Sutterfield, Acting Field Office Director of Immigration and Customs Enforcement, Enforcement and Removal Operations in New Orleans.
Garcia-Escobar will also be administratively detained for Department of Homeland Security removal proceedings. If he were to unlawfully return to the United States after removal, he would be subject to up to ten years in prison and other consecutive penalties if he returned during the one year period of supervised release. Garcia Escobar pled guilty and was convicted of the felony offense by Judge Ozerden on April 25, 2019.
On January 11, 2019, Garcia-Escobar was arrested by the Harrison County Sheriff’s Department for Driving Under the Influence (DUI) and was taken to the Harrison County Adult Detention Facility. Harrison County officials notified the U.S. Department of Homeland Security, Immigration & Customs Enforcement (ICE), Enforcement & Removal Operations (ERO). An ERO Deportation Officer interviewed Garcia-Escobar and filed a federal detainer due to the defendant being an illegal alien in the United States. Records revealed that Garcia-Escobar was a 26-year old citizen of Mexico, who had been removed from the United States on May 18, 2018, and had unlawfully returned to the United States after official removal.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Immigration & Customs Enforcement, Enforcement Removal Operations, and the Harrison County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
House Painter Admits to Stealing $186,000 in SSDI Benefits While Earning $400,000 in WagesRead the Press Release
PROVIDENCE – A Pawtucket man who collected approximately $186,000 on Social Security disability insurance benefits while at the same time earning nearly $400,000 in wages as a house painter pleaded guilty today in federal court to fraud and theft charges.
Jose L. Gaza, 66, admitted to the Court that from July 2005 – July 2015, he worked under a fictitious name and Social Security number for a painting contractor, while fraudulently collecting a monthly Social Security disability benefit payment of approximately $1,399.
Gaza admitted to fraudulently collecting approximately $186,000 in Social Security disability benefits while earning wages totaling approximately $393,000.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Gaza pleaded guilty to Social Security Fraud and theft of government funds, announced United States Attorney Aaron L. Weisman and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations.
Gaza is scheduled to be sentenced on October 10, 2019.
Social Security fraud is punishable by statutory penalties of up to five years imprisonment followed by three years supervised release. Theft of government funds is punishable by statutory penalties of up to ten years imprisonment followed by three years supervised release.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly.
The matter was investigated by the Social Security Administration, Office of the Inspector General/Office of Investigations.
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Hattiesburg Man Pleads Guilty under Project EJECT to Illegally Possessing FirearmRead the Press Release
Hattiesburg, Miss. – Mitchell Dewayne May, Jr., 28, of Hattiesburg, pled guilty yesterday before U.S. District Judge Keith Starrett to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kirk Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On October 2, 2018, May was found in possession of a firearm when Hattiesburg Police officers conducted a traffic stop on the vehicle he was driving. May was previously convicted of armed robbery in Forrest County in 2006.
May will be sentenced by Judge Starrett on November 5, 2019, at 10:00 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Hattiesburg Police Department investigated the case. It is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Hartford Man Pleads Guilty to Fentanyl Distribution ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JONATHAN RIVERA, also known as “Gitto,” 26, of Hartford, pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to one count of possession with intent to distribute 40 grams or more of fentanyl.
According to court documents and statements made in court, on December 5, 2018, Rivera was arrested in Hartford’s South End after he sold 25 bags of fentanyl mixed with crack cocaine to another individual. A subsequent search of Rivera’s Fairfield Avenue residence revealed more than 15,000 bags containing a similar mix of fentanyl and crack.
Judge Hall scheduled sentencing for October 16, 2019, at which time Rivera faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years.
Rivera, who was released on bond, was remanded to the custody of the U.S. Marshals Service at the conclusion of today’s court proceeding.
This matter is being investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Gang Task Force and the Hartford Police Department. The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Harrold Woman Charged with ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Harrold, South Dakota, woman has been indicted by a federal grand jury for Manslaughter.
Kiya Rojas, age 23, was indicted on July 16, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 23, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 9, 2018, Rojas unlawfully killed an individual while operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Rojas is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Rojas was released on bond pending trial. A trial date has not been set.
Hancock County man admits to drug and firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – Lavel L. Hicks, of Weirton, West Virginia, was sentenced today to 37 months for drug and firearms charges, United States Attorney Bill Powell announced.
Hicks, age 44, pled guilty to two counts of “Distribution of Cocaine Base,” four counts of “Distribution of Cocaine Hydrochloride,” and one count of “Unlawful Possession of a Firearm” in May 2019. Hicks admitted to distributing the drugs in November and December 2017 and December 2018 in Brook and Hancock Counties. Hicks, having previously been convicted or murder in the second degree in Brooke County Circuit Court, also possessed a 9mm pistol.
Assistant U.S. Attorney Danae DeMasi-Lemon prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Hammond Man Charged with Firearm and Drug Conspiracy ChargesRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that on Friday, July 19, 2019 a federal grand jury charged LARRY GREEN, age 36, of Hammond, LA, in an indictment for possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A) and conspiracy to distribute and possess with intent to distribute a substance containing a detectable amount of methamphetamine, in violation of Title 21, United States Code, Section 846.
If convicted, GREEN faces a maximum term of imprisonment of twenty (20) years, a fine of not more than $1,000,000, at least three years supervised release following any term of imprisonment, and a $100 special assessment fee.
United States Attorney Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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.
This matter was handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Duane A. Evans is prosecuting the matter.
Greeley Company Agrees to a $214,706 Payment to Resolve Allegations that It Removed Federally-Owned Oil and Gas Without PermissionRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announced today that Mineral Resources, Inc., an oil and gas company located in Greeley, Colorado, has agreed to a $214,706 payment to resolve allegations that it drilled an oil and gas well in Weld County, Colorado, to extract federal minerals without seeking and obtaining the required federal leases and permits. Matt Kirsch, Attorney for the United States, acting under authority conferred by 28 U.S.C. § 515, made the announcement on behalf of the office.
Before a company may drill for oil, gas, or other minerals owned by the United States and managed by the United States Bureau of Land Management (“BLM”), a company must obtain a lease from BLM to pay for the minerals. It must also obtain a BLM-issued permit to drill an oil and gas well. The United States contends that in 2012, Mineral Resources, Inc. (“MRI”) drilled an oil and gas well into railroad right-of-way C668, which is located north of Greeley, Colorado. The minerals beneath the railroad right-of-way belonged to the United States. Before drilling, MRI failed to seek and obtain a federal lease, or to file, and obtain approval for, an application for permit to drill with the Bureau of Land Management. Federal investigators, working with the United States Attorney’s Office, pursued a mineral trespass investigation against MRI but did not determine that the trespass was willful.
Ron Gonzales, Special Agent in Charge of the U.S. Department of Interior, Office of Inspector General's Energy Investigations Unit, stated, “This settlement is the direct result of multiple federal agencies working collaboratively and diligently to ensure that mineral resources removed from public ownership are properly accounted for on behalf of the American taxpayers.”
BLM Office of Law Enforcement and Security, Acting Deputy Director Shannon Tokos adds, “This case demonstrates the Bureau of Land Management Law Enforcement program's support of the Secretary's goals of ensuring that the public receives fair market value for resources, recovers costs where appropriate, and fosters partnerships to achieve balanced stewardship and use of public lands.”
This case was handled by Assistant U.S. Attorney Andrea Wang.
Grant County residents admit to fentanyl and methamphetamine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Melanie Lyn Outen, Ted Alexander Voss, and Michael Dean Smith, all of Petersburg, West Virginia, have admitted to their roles in a fentanyl, heroin, and methamphetamine distribution operation, United States Attorney Bill Powell announced.
Outen, age 47, pled guilty to one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl.” Outen admitted to distributing more than 64 grams of fentanyl and more than 69 grams of 100% pure methamphetamine from January to June 2019 in Grant County and elsewhere.
Voss, age 29, pled guilty to one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl.” Voss, age 29, admitted to distributing more than 64 grams of fentanyl and more than 69 grams of 100% pure methamphetamine from January to June 2019 in Grant County and elsewhere.
Smith, age 49, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Smith admitted to distributing more than 69 grams of 100% pure methamphetamine in May 2019 in Berkeley County.
Outen and Voss each face at least five years and up to 40 years incarceration and a fine of up to $5,000,000. Smith faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the cases on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, West Virginia State Police, and the Charles Town Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Grand Island Man Going to Prison on Child Pornography ChargeRead 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 Anthony Weber, 36, of Grand Island, NY, who was convicted of attempted receipt of child pornography, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve 75 months in prison.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on April 9, 2017, the defendant engaged in a online conversation with Victim 1, a 15 year-old female. On April 12, 2017, Weber invited Victim 1 to a bonfire, stating they would drink alcohol and smoke marijuana. Victim 1 responded, “Im 15.”
On August 10, 2017, the defendant again engaged in an online conversation with Victim 1, offering to provide cocaine to Victim 1 in exchange for sexual intercourse. Victim 1 agreed to consider having sex with Weber in exchange for cocaine. The defendant then requested that Victim 1 send him sexually explicit pictures.
Victim 1 subsequently reported this incident to the City of Tonawanda Police Department. After the incident was reported, the Federal Bureau of Investigation assumed Victim 1’s online identity and continued to engage in online conversations with the defendant. On October 11, 2017, Weber agreed to meet the person he believed was a minor female to engage in sexual activity. The defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor.
The sentencing is the result of an investigation by the City of Tonawanda Police Department, under the direction of Chief William Strassburg; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Cheektowaga Police Department, under the direction of Chief David Zack.
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Gary Man Sentenced to 60 Months in PrisonRead the Press Release
HAMMOND- Joseph Taylor, 35, of Gary, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen following his plea of guilty to possessing a firearm as a previously convicted felon and distribution of five grams or more of methamphetamine, announced U.S. Attorney Kirsch.
Taylor received a sentence of 60 months in prison followed by 4 years of supervised release.
According to documents filed in this case, in Portage, Indiana in July 2018, Taylor possessed a short barreled shotgun following a prior felony conviction for burglary. In August 2018, in Michigan City, Indiana, Taylor distributed more than 5 grams of methamphetamine to another individual.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance of the Michigan City Police Department and was prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Fulton County Man Sentenced to 36 Months for Unlawful Firearm PossessionRead the Press Release
ALBANY, NEW YORK – Kenneth Kindlon, age 47, of Caroga Lake, New York, was sentenced yesterday to 36 months in prison for possessing an unregistered, short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division; and Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office.
Kindlon admitted that on June 22, 2016, he knowingly possessed a 5.56 caliber rifle with a barrel length of approximately 10.5 inches, and showed the firearm to an individual seeking to purchase firearms and firearm parts. Kindlon never registered the firearm in the National Firearms Registration and Transfer Record, as required by federal law.
Senior United States District Judge Norman A. Mordue also sentenced Kindlon to 3 years of supervised release, to be served following Kindlon’s release from prison.
This case was investigated by the ATF and HSI, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Freeland Woman Sentenced to 36 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 22, 2019, Liza Robles, age 35, of Freeland, Pennsylvania, was sentenced to 36 months’ imprisonment and three years of supervised release, by United States District Court Judge Malachy E. Mannion, for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, Robles was convicted following a 13-day jury trial of conspiring to distribute 15 grams of heroin (which is equivalent to approximately 600 individual doses of heroin) from June 2, 2015 and June 8, 2015, and for distributing five grams of heroin on June 8, 2015. Robles also was convicted of providing and conspiring to provide firearms to Roberto Torner, a convicted felon. From May 12, 2012 to August 28, 2017, Robles obtained numerous firearms that she maintained for Torner’s use. Judge Mannion also found that Robles attempted to obstruct justice by lying on the stand at trial about her drug and gun activities.
Robles’s codefendants, Roberto Torner and David Alzugaray-Lugones, also were convicted at trial of heroin trafficking offenses. Alzugaray-Lugones previously was sentenced to 27 months’ imprisonment. Torner was convicted of firearms and explosives charges, and awaits sentencing.
Judge Mannion ordered Robles to pay a $25,000 fine. Judge Mannion also ordered the forfeiture of the ammunition and firearms seized during the investigation, which included:
- Magnum Research 1911U .45acp;
- Hi-Point JHP .45acp;
- Stag Arms STAG-15, .223 cal., which is capable of accepting a high capacity magazine;
- Mossberg 500 12-gauge shotgun;
- Norinco MAC90, 7.62x39, which is capable of accepting a high capacity magazine; and
- Tikka T3, 30.06.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Weatherly Police Department, the Luzerne County Drug Task Force, the Pennsylvania State Police, and other federal, state, and local law enforcement agencies. Assistant United States Attorneys Phillip Caraballo and Todd Hinkley prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Former Owner of Giovanni’s Roast Beef & Pizza Pleads Guilty to Tax FraudRead the Press Release
BOSTON – The former owner of Giovanni’s Roast Beef & Pizza in Saugus pleaded guilty today in federal court in Boston to failing to report $800,000 in corporate and personal income to the IRS.
Steve Konis, 70, pleaded guilty to two counts of aiding and assisting in filing false corporate tax returns. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Oct. 24, 2019.
Konis was the sole owner of Giovanni’s Roast Beef & Pizza in Saugus. From 2012 through October 2016, Konis underreported the gross receipts of Giovanni’s in order to reduce the federal income taxes owed by Konis and Giovanni’s. Konis accomplished this by diverting some of the restaurant’s cash receipts for his own benefit, paying for some supplies with cash, and paying a portion of his employees’ wages in cash. In addition, Konis failed to report all of Giovanni’s business expenses in order to make the false gross receipts he reported appear more realistic. As a result, Konis failed to report on cash receipts totaling approximately $800,000 and cash expenses of $312,000 on Giovanni’s tax returns. As a result, for tax years 2012 through 2015, Konis avoided paying corporate and personal taxes totaling $178,169.
The charge of aiding and assisting the filing of false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. 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 Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Former Candidate for U.S. House of Representatives Sentenced After Conviction for Fraud and Campaign Finance ViolationRead the Press Release
A former candidate for the U.S. House of Representatives was sentenced today after pleading guilty to wire fraud and willfully violating the Federal Election Campaign Act (FECA) by operating fraudulent and unregistered political action committees.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.
Harold Russell Taub, 30, of Cranston, Rhode Island, was sentenced to serve 36 months in prison followed by three years of supervised release by U.S. District Judge William E. Smith for the District of Rhode Island. Taub was also ordered to pay $1,102,439 in restitution to the victims of his crimes.
According to Taub’s guilty plea, in late 2016, Taub began soliciting donations to an organization he called Keeping America in Republican Control (KAIRC), which he represented to be a legitimate political committee organized in accordance with federal law to support Republican candidates at the state and federal level. In March 2018, Taub began soliciting donations to another purported political action committee, Keeping Ohio in Republican Control (KOIRC), with the stated purpose of supporting Republican candidates in Ohio. Taub collected a total of approximately $1,630,439 in contributions to KAIRC and KOIRC, but never registered either entity with the FEC or made required reports to the FEC, as required by FECA.
Taub admitted as part of the plea that he held KAIRC and KOIRC out as legitimate, federally-registered political actions committees on his website, in social media posts, and in email solicitations that reached hundreds of donors. Taub represented that all of KAIRC and KOIRC’s staff were volunteers and that “100 percent” of donations were used to support candidates. However, of the more than $1.6 million in contributions to KAIRC and KOIRC, Taub used more than $1 million for purely personal expenses. In furtherance of his fraudulent scheme, Taub also repeatedly used the name of a former Ambassador and high-level military officer without the knowledge or permission of the person, even after being instructed not to do so.
The FBI investigated the case. Trial Attorney Peter M. Nothstein of the Criminal Division’s Public Integrity Section is prosecuting the case.
Former Candidate Sentenced for Fraud and Campaign FinanceRead the Press Release
WASHINGTON – A former candidate for the U.S. House of Representatives was sentenced today after pleading guilty to wire fraud and willfully violating the Federal Election Campaign Act (FECA) by operating fraudulent and unregistered political action committees.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.
Harold Russell Taub, 30, of Cranston, Rhode Island, was sentenced to serve 36 months in prison followed by three years of supervised release by U.S. District Judge William E. Smith for the District of Rhode Island. Taub was also ordered to pay $1,102,439 in restitution to the victims of his crimes.
According to Taub’s guilty plea, in late 2016, Taub began soliciting donations to an organization he called Keeping America in Republican Control (KAIRC), which he represented to be a legitimate political committee organized in accordance with federal law to support Republican candidates at the state and federal level. In March 2018, Taub began soliciting donations to another purported political action committee, Keeping Ohio in Republican Control (KOIRC), with the stated purpose of supporting Republican candidates in Ohio. Taub collected a total of approximately $1,630,439 in contributions to KAIRC and KOIRC, but never registered either entity with the FEC or made required reports to the FEC, as required by FECA.
Taub admitted as part of the plea that he held KAIRC and KOIRC out as legitimate, federally-registered political actions committees on his website, in social media posts, and in email solicitations that reached hundreds of donors. Taub represented that all of KAIRC and KOIRC’s staff were volunteers and that “100 percent” of donations were used to support candidates. However, of the more than $1.6 million in contributions to KAIRC and KOIRC, Taub used more than $1 million for purely personal expenses. In furtherance of his fraudulent scheme, Taub also repeatedly used the name of a former Ambassador and high-level military officer without the knowledge or permission of the person, even after being instructed not to do so.
The FBI investigated the case. Trial Attorney Peter M. Nothstein of the Criminal Division’s Public Integrity Section is prosecuting the case.
Florida Couple Indicted for Trafficking Indonesian WildlifeRead the Press Release
An indictment was unsealed today from a federal grand jury sitting in Tampa, Florida, which charges Novita Indah, 48, and Larry Malugin, 51, of Port Richey, Florida, with conspiracy and trafficking in protected wildlife. The indictment charges the couple with smuggling wildlife from Indonesia to the United States and reselling the wildlife from their Florida home.
The U.S. Fish and Wildlife Service (USFWS) seized approximately 369 wildlife articles from their home during the execution of search warrant on Jan. 12, 2017. The agents recovered assorted Javan spitting cobra, reticulated python, and monitor lizard mounts, belts, and wallets, as well as a babirusa skull. A babirusa is a rare Indonesian pig prized for its distinctive curving tusks.
The indictment alleges that beginning in 2011, Indah and Malugin sold wildlife on eBay from their Indonesian home to buyers across the world. They would smuggle the items to purchasers in the United States in packages falsely labeled to conceal their contents. Indah and Malugin continued to sell wildlife after they moved to Puerto Rico and ultimately Florida in 2013. All of the wildlife was protected by an international treaty, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The United States, Indonesia, and approximately 181 other countries are signatories to CITES, which provides a mechanism for regulating international trade in species whose continued survival is threatened by trade. In addition to the seized wildlife, Indah and Malugin also trafficked in taxidermy mounts and bones of leopard cats, owls, and Southeast Asian primates, including slow loris, macaques, lutungs, and langurs.
“The CITES agreement was created to prevent the international trade of protected wildlife, and the Department of Justice will seek to prosecute individuals who flout this treaty and other important environmental laws,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “The Department commends the actions taken by USFWS and will continue to work with our law enforcement partners to combat illegal wildlife trafficking.”
“The U.S. Fish and Wildlife Service Office of Law Enforcement is committed to combating wildlife trafficking and protecting imperiled species at home and abroad,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “The increased use of the internet has opened a growing pathway for the illegal wildlife trade and wildlife traffickers go to great lengths to smuggle reptiles, birds, primates, and other species in and out of the U.S. The Service would like to thank the U.S. Department of Justice for their assistance with this case. Together, we can combat wildlife trafficking and protect species across the world.”
From 2011 to 2017, Indah and Malugin made approximately 4,596 online sales of CITES-protected wildlife worth about $211,212. USFWS and Customs inspectors repeatedly seized packages shipped by Indah and Malugin, but they continued to sell wildlife using various eBay and PayPal accounts. This investigation was part of Operation Global Reach, a USFWS long-term taskforce into the flow of illegal wildlife from Indonesia to the United States.
If convicted, Indah and Malugin face a maximum sentence of 20 years’ incarceration on the smuggling charges and five years for the Lacey Act violations. The indictment also seeks to forfeit the wildlife seized from their residence.
An indictment is merely an allegation, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The USFWS Office of Law Enforcement in Redmond, Washington, led the investigation, with assistance from agents in Tampa. The government is represented by Trial Attorneys Ryan Connors and Matthew Evans of the Environmental Crimes Section.
Fifth Defendant Convicted in June 2018 by a St. Croix Federal Jury is Sentenced to 135 Months for Conspiracy and Attempted Possession of CocaineRead the Press Release
St. Croix, USVI – Anibal Vega-Arizmendi, age 29, of Puerto Rico, was sentenced today to 135 months in prison for conspiracy to possess cocaine with intent to distribute and attempted possession of cocaine with intent to distribute, by District Court Judge Wilma A. Lewis, announced United States Attorney Gretchen C.F. Shappert. Judge Lewis also sentenced Vega-Arizmendi to five years of supervised release, and ordered him to pay a fine of $2,000.000 and a special assessment of $300.00.
On June 26, 2018, a federal jury convicted Vega-Arizmendi along with five co-defendants on cocaine-related charges. Evidence at trial revealed that the organization planned the mid-sea retrieval of over 300 kilograms of cocaine during the period of the conspiracy, January 2014 through March 2016. Approximately 223 kilograms of cocaine were actually distributed by the drug organization. Law enforcement efforts to interdict some of the the drug shipments were successful, beginning in 2015. In October 2014, Vega-Arizmendi and others effected the mid-sea retrieval of 71 kilograms of cocaine. Between December 13 and 15, 2014, he assisted others in attempts to retrieve 30 kilograms of cocaine mid-sea. Witnessed testified that Vega-Arizmendi functioned as a boat operator. Between November 7, 2015 and November 12, 2015, he and others made several unsuccessful attempts to retrieve 87 kilograms of cocaine from mid-sea.
Fourteen individuals were originally charged as part of the drug trafficking organization. Prior to trial, six defendants entered guilty pleas and were sentenced. Of the six that were convicted on June 26, 2018, five have been sentenced and one is awaiting sentence.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorneys Alphonso G. Andrews, Jr. and Everard E. Potter.
Felon Admits He Illegally Possessed WeaponsRead the Press Release
PITTSBURGH - One resident of Braddock, Pennsylvania pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
Thomas Cole, 45, pleaded guilty to one count before Senior United States District Judge David Stewart Cercone.
In connection with the guilty plea, the court was advised that on February 14, 2019, Cole possessed a semi-automatic handgun and a semi-automatic rifle that was capable of accepting a large capacity magazine. Cole is prohibited from possessing these firearms because he is a convicted felon.
Judge Cercone scheduled sentencing for December 2, 2019 at 11:30 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Cole remains detained pending sentencing.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime. 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.
The Federal Bureau of Investigation in conjunction with the Pennsylvania State Police, Alleghany County Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation that led to the prosecution of Cole.
Facebook Agrees to Pay $5 Billion and Implement Robust New Protections of User Information in Settlement of Data-Privacy ClaimsRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), today announced a settlement that requires Facebook to implement a comprehensive, multi-faceted set of compliance measures designed to improve user privacy and provide additional protections for user information. The settlement also requires Facebook to pay an unprecedented $5 billion civil penalty — the most ever imposed in an FTC case and among the largest civil penalties ever obtained by the federal government.
In a complaint filed today, the United States alleges that Facebook violated an administrative order issued by the FTC in 2012 by misleading users about the extent to which third-party application developers could access users’ personal information. The complaint further alleges that Facebook violated the Federal Trade Commission Act by deceiving users about their use of this and additional sensitive information.
As reflected in the stipulated order filed with the complaint, Facebook has agreed to settle these allegations by paying a $5 billion civil penalty and implementing robust, new compliance measures that will change how Facebook prioritizes and approaches user privacy issues. These new compliance measures include appointment of an independent assessor to monitor Facebook’s conduct, privacy reviews for all new or modified Facebook products, establishment of a new Independent Privacy Committee on Facebook’s Board of Directors, annual compliance certifications by Facebook CEO Mark Zuckerberg, and various reporting and record-keeping requirements. Under the stipulated order, the Department of Justice and FTC will share responsibility for monitoring and enforcing Facebook’s compliance.
“The Department of Justice is committed to protecting consumer data privacy and ensuring that social media companies like Facebook do not mislead individuals about the use of their personal information,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “This settlement’s historic penalty and compliance terms will benefit American consumers, and the Department expects Facebook to treat its privacy obligations with the utmost seriousness.”
“Despite repeated promises to its millions of world-wide users that they could control how their personal information is shared, Facebook took steps to undermine consumers’ choices,” said FTC Chairman Joe Simons. “The magnitude of the $5 billion penalty and sweeping conduct relief are unprecedented in the history of the FTC. The relief is designed not only to punish previous violations but, more importantly, to change Facebook’s entire privacy culture to decrease the likelihood of continued violations. The Commission takes consumer privacy seriously, and will enforce FTC orders to the fullest extent of the law.”
This matter was handled by attorneys in the Civil Division’s Consumer Protection Branch, including Deputy Assistant Attorney General David M. Morrell, Director Gustav W. Eyler, Assistant Director Andrew E. Clark, Senior Litigation Counsel Lisa K. Hsiao, and Trial Attorneys Patrick R. Runkle and Jason Lee, in conjunction with staff at the FTC’s Division of Enforcement.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Federal Jury Convicts Albuquerque Man on Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict yesterday against Gaspar Leal, 49, of Albuquerque, on methamphetamine trafficking charges today after a two-day trial before U.S. District Judge James O. Browning. The verdict was announced by First Assistant U.S. Attorney Fred J. Federici and Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Leal and co-defendants Daniel Carmona, 32, and Luis Arreola-Palma, 25, both also of Albuquerque, originally were indicted in Aug. 2016. The indictment charged the three defendants with conspiracy to distribute methamphetamine, and Carmona alone with two methamphetamine trafficking offenses and using a firearm in furtherance of a drug trafficking crime. Arreola-Palma pled guilty to a methamphetamine charge in July 2017, and he was sentenced to 48 months of imprisonment in Oct. 2017. Carmona pled guilty to a firearms charge in Dec. 2017, and was sentenced to 60 months of imprisonment in March 2018.
In Dec. 2017, a federal grand jury filed a three-count superseding indictment charging Leal with conspiracy to distribute methamphetamine and two counts of aiding and abetting the distribution of methamphetamine. According to the superseding indictment, Leal committed the crimes between July 21, 2016 and Aug. 3, 2016, in Bernalillo County, N.M.
Trial of Leal on the three-count superseding indictment began on July 22, 2019. The trial concluded on the evening of July 23, 2019, when the jury a verdict of guilty on the conspiracy charge, and of acquittal on the two distribution charges.
The evidence at trial established that in May 2016, the ATF initiated an undercover investigation into Leal, who was self-employed as a barber, and used an informant to assist in the investigation. Working under the direction of ATF Special Agents, the informant contacted Leal to schedule a haircut appointment, and at Leal’s invitation, went to Leal’s apartment on May 7, 2016, where he met Leal for the first time.
Trial evidence established that on July 21, 2016, Leal, who was in custody in connection with another federal case, called the informant to set up a methamphetamine deal. On July 24, 2016, Leal and Arreola-Palma, both of whom were in custody, called the informant and asked the informant to call Carmona to arrange a methamphetamine deal. During the call, Leal provided the informant with Carmona’s phone number. On July 25, 2016, the informant called Carmona to arrange the methamphetamine deal. On July 25, 2016, the informant and an undercover ATF Special Agent purchased methamphetamine from Carmona.
The evidence presented to the jury included testimony from the informant and an ATF Special Agent, the recorded telephone conversations, and the methamphetamine Carmona sold to the informant and the undercover ATF Special Agent at the direction of Leal.
Leal has been in federal custody since Oct. 2016, and will remain detained pending his sentencing hearing in this case, which has yet to be scheduled. Leal also is pending sentencing for a conviction on a methamphetamine trafficking charge in another federal case. A sentencing hearing in that case has yet to be scheduled.
At sentencing in this case, Leal faces a mandatory minimum of ten years and a maximum of life imprisonment, and in his other case, Leal faces a mandatory minimum of five years and a maximum of 40 years of imprisonment. Based on his prior criminal convictions, Leal faces enhanced sentencing exposure under the applicable sentencing guidelines.
This case was investigated by the Albuquerque office of ATF with assistance from the DEA in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Norman Cairns.
Eagleville Hospital Pays $2.85 Million to Resolve Allegations of Improper Billing for Detox TreatmentRead the Press Release
PHILADELPHIA – United States Attorney William McSwain announced today that Eagleville Hospital, which provides substance use disorder treatment in Eagleville, Pennsylvania, has agreed to pay $2.85 million to the federal government to resolve allegations that the hospital violated the False Claims Act by submitting claims to Medicare, Medicaid, and the Federal Employees Health Benefits Program (“FEHBP”) for hospital-level detoxification treatment services when the patients were ineligible for admission to receive such services or lacked documentation to support the claims.
The settlement resolves allegations in a complaint filed in federal court in the Eastern District of Pennsylvania by a whistleblower under the qui tam provisions of the False Claims Act. These provisions allow private citizens to bring civil actions on behalf of the United States and share in any recovery. The whistleblower here will receive over $500,000 of the recovery. He was represented by David Caputo of Youman & Caputo and Joseph Trautwein of Joseph Trautwein & Associates.
Contemporaneous with the civil settlement, Eagleville Hospital also entered into a five-year Corporate Integrity Agreement (“CIA”) with the Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), which requires, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks on an ongoing basis. The CIA requires training, auditing, and monitoring designed to address the conduct at issue in the case.
In his qui tam complaint, the whistleblower alleged that Eagleville Hospital admitted certain groups of its substance use disorder treatment patients for the higher-reimbursing hospital-level detoxification treatment, rather than the residential-level treatment, without satisfying the medical necessity requirements to do so. The whistleblower alleged that this practice resulted in false claims to Medicare, Medicaid, and FEHBP. This settlement agreement resolves the allegations for claims from January 2011 through December 2018.
“As our country and communities struggle with the burdens of opioid use disorder, it is critical that we protect federal healthcare programs serving individuals with those disorders and ensure that detoxification treatment providers like Eagleville Hospital are appropriately billing for the necessary services provided to their patients,” said First Assistant U.S. Attorney Jennifer Arbittier Williams. “We appreciate Eagleville Hospital’s willingness to negotiate a prompt resolution in this matter, including entering a Corporate Integrity Agreement to address compliance going forward. We also thank the whistleblower for bringing this matter to our attention. Together with his lawyers, this whistleblower allowed us to pursue this investigation and preserve the integrity of federal healthcare and opioid use disorder treatment programs.”
“We thank the whistleblower for bringing this conduct to our attention and also thank Eagleville Hospital for their assistance in resolving the matter,” said Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We encourage individuals and companies to work together with HHS-OIG and the U.S. Attorney’s to ensure federally funded healthcare resources are used appropriately.”
There has been no determination of civil liability. The settled civil claims are allegations only.
This case was handled by Assistant United States Attorney Anthony D. Scicchitano with investigative assistance from auditor Dawn Wiggins, HHS-OIG, and the Office of Personnel Management Office of Inspector General.
Drug Sweep Nets Significant South Omaha ArrestsRead the Press Release
United States Attorney Joe Kelly announced today that eight individuals were arrested on July 19, 2019 as a result of a year-long investigation involving several law enforcement agencies from the Omaha metropolitan area. Four other individuals were previously arrested for their role in this investigation prior to this organized sweep. This investigation is intended to address the burgeoning violent crime occurring in Southeast Omaha.
This Mexican drug trafficking organization’s activities were based out of the El Catrin Restaurant and Bar in South Omaha, 6500 Railroad Avenue, which served as a distribution point of narcotics for more than a decade.
This was part of the Safe Streets Task Force investigation and involved the following agencies: FBI, Omaha Police Department, Nebraska State Patrol, IRS, Bellevue Police Department, Douglas County Sheriff's Office, La Vista Police Department, Council Bluffs Police Department, Papillion Police Department, Nebraska Army National Guard - Counter Drug, USAO - District of Nebraska, DHS - Enforcement Removal Officers.
“There is a lot of work behind the scenes to help reduce crime and criminal enterprises in every major city. I appreciate the hard work by OPD and our partners towards making our city safe,” said OPD Chief Todd Schmaderer.
In addition to the aforementioned arrests, the investigation has resulted in the seizure of three weapons, $55,000 in cash, approximately six kilograms of cocaine, six pounds of methamphetamine, four vehicles, and certain real estate, which is subject to forfeiture. This is an ongoing investigation and more information will be made available at a later date.
“This operation demonstrates how a team of federal, state and local law enforcement agencies, working closely with the U.S. Attorney’s Office, can make a big impact in the communities we serve and protect. Dozens of law enforcement professionals from multiple agencies worked together to take these individuals off the streets,” said Acting FBI Special Agent in Charge John Barrios. “The FBI and our partners will continue to go after drug-traffickers and others who try to harm our communities, regardless of how long it takes.”
Dominican National Sentenced for Laundering Nearly $1 Million in Fraudulently Obtained IRS Refund ChecksRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for laundering close to $1 million in fraudulently obtained IRS refund checks using 11 different bank accounts at five different banks.
Francisco Oscar “Frank” Grullon, 52, was sentenced by U.S. District Court Judge Leo T. Sorokin to 84 months in prison and ordered to pay restitution of $1.6 million. Grullon will face deportation proceedings following the completion of his sentence. In April 2019 Grullon was convicted, following a six-day jury trial, of one count of conspiracy, 15 counts of theft or conversion of United States property and one count of conspiracy to commit money laundering. Grullon was arrested in the Dominican Republic and extradited to the United States in 2018.
Grullon conspired with an attorney R. David Cohen, who, in 2016, was convicted for his role in the scheme, to deposit and launder over 100 fraudulently obtained tax refund checks. The checks were based on fraudulent tax returns with false W-2 information, usually using the name and Social Security number of a resident of Puerto Rico, where residents are not required to file federal income tax returns. Once the fraudulent returns were accepted by the IRS, refund checks were sent to addresses in Lawrence, East Boston and New York.
From October 2011 until November 2013, Grullon and his co-conspirators obtained and negotiated more than $1.6 million in fraudulent checks, including nearly $1 million in checks that were the product of fraudulent tax refunds. Grullon and his co-conspirators deposited the checks into bank accounts in the name of a front company, AD Professional Association Inc., and in co-conspirator R. David Cohen’s attorney client trust accounts. When questioned by bank officials about the suspicious quantity of U.S. Treasury checks, Grullon falsely claimed that he was depositing them as a favor for friends and that he had a check-cashing license. Later, after their bank accounts were closed by several banks, Grullon and Cohen recruited a third co-conspirator and directed him to open accounts for AD Professional Association Inc., deposit more than $500,000 in treasury checks, and make hundreds of thousands of dollars in cash withdrawals.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Division made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Criminal Division prosecuted the case.
Dominican National Pleads Guilty to Social Security Fraud and Identity TheftRead the Press Release
BOSTON – A Dominican national residing in Lawrence was sentenced today in federal court in Boston for Social Security fraud and aggravated identity theft.
Santo Jesus Gonzalez Villar, 49, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to two years and one day in prison and two years of supervised release. Gonzalez Villar will be subject to deportation upon completion of his sentence. In May 2019, Gonzalez Villar pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft. He was arrested and charged in a July 2018 federal law enforcement sweep of 25 individuals accused of document and benefit fraud.
Dubbed “Double Trouble,” the July 2018 investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), comprised of local, state and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
On June 20, 2018, Gonzalez Villar submitted an Asbestos Worker Application with the Massachusetts Department of Labor Standards using the name and Social Security number of a U.S. citizen from Puerto Rico. He presented a Massachusetts driver’s license in the other person’s name bearing his photograph, a document he had obtained fraudulently, as proof of his identity. Based on the application and supporting identity document, Gonzalez Villar was issued an Asbestos Worker Identification Card in the name of the U.S. citizen. Gonzalez Villar also used the name and Social Security number of a U.S. citizen to obtain driver’s licenses and to receive MassHealth benefits.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
District Man Sentenced to 34 Years for Murder of 15-Year-Old BoyRead the Press Release
WASHINGTON – Derryck Decuir, 26, of Washington, D.C., was sentenced yesterday to 34 years in prison for the 2015 murder of Ballou High School student Malek Mercer, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Decuir was found guilty by a jury in May 2019, in the Superior Court of the District of Columbia, following a jury trial in the Superior Court of the District of Columbia, to second-degree murder while armed with an enhancement for committing a crime against a minor, and related firearms offenses. He was sentenced by the Honorable Craig Iscoe on July 23, 2019, to 34 years in prison, concurrent to the time imposed by Judge Puig-Lugo for the obstruction of justice.
According to the government’s evidence, on June 16, 2015, at approximately 12:20 a.m., Decuir and Mr. Mercer, who did not know one another, found themselves at the same bus stop at L’Enfant Square. One of Decuir’s friends teased Decuir for looking at and commenting on Mr. Mercer’s belt, and Mr. Mercer snickered at Decuir. After riding the bus together for about 10 minutes, Decuir followed Mr. Mercer off the bus and, without saying anything, shot him once in the back of the neck. Decuir then fled from the area. MPD officers responding to a 911 call, found Mr. Mercer lying in the grass on the corner of 28th Street and Naylor Road, SE. Mr. Mercer suffered a gunshot wound to the neck and was bleeding profusely. He was transported to Washington Hospital Center, where he died on June 19, 2015. Decuir was arrested pursuant to a warrant on that same day and has been held in custody ever since.
In 2017, Decuir was convicted of being a Felon in Possession of a Firearm and Obstruction of Justice. The obstruction charge was based on Decuir making phone calls from the jail to ask his friend to relocate the murder weapon out of his backyard so that the police would not find it. Despite those efforts, MPD officers located the murder weapon about a year later, and analysts with the D.C. Department of Forensic Sciences linked that weapon to the shooting of Mr. Mercer.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those investigating the case from the Metropolitan Police Department (MPD). They also expressed appreciation for the assistance provided by the Metro Transit Police Department, the District of Columbia Department of Forensic Sciences, the U.S. Marshals Service, and the District of Columbia Department of Corrections. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys David Misler and Nicholas Coleman; Supervisory Victim/Witness Services Coordinator Katina Adams-Washington; Victim/Witness Services Coordinator La June Thames; Victim/Witness Program Specialist Lesley Slade; Supervisory Security Specialist Laverne Perry; Contract Specialist Sallie Rynas; Administrative Services Specialist Karen Lee-Putt; Supervisory Paralegal Sharon Newman; Paralegals Kelly Blakeney and Debra Joyner; Criminal Investigators Durand Odom and Melissa Matthews; Victim Advocate Marcia Rinker; Supervisory IT Specialist Leif Hickling; and Investigative Analyst Zach McMenamin.
Finally, they commended the work of Assistant U.S. Attorney Jeffrey Nestler and former Assistant U.S. Attorney Anwar Graves, who investigated and prosecuted the case.
Convicted Leader of Billion-Dollar Health Care Scam to Plead Guilty to Violating Court Forfeiture Order by Illegally Selling His Luxury CarsRead the Press Release
SANTA ANA, California – The imprisoned former owner of Pacific Hospital in Long Beach has agreed to plead guilty to federal criminal charges for illegally selling his luxury cars and keeping the proceeds for himself, disobeying a court order that he forfeit the money because of a previous conviction for orchestrating a nearly $1 billion health care fraud scheme.
Michael D. Drobot, 74, formerly of Corona del Mar but who is now imprisoned at Taft Correctional Institution in Kern County, has been charged in a three-count criminal information with wire fraud, engaging in monetary transactions in property derived from unlawful activity, and criminal contempt of court.
Drobot is scheduled to be arraigned on the information in the coming weeks in United States District Court in Santa Ana. He faces a statutory maximum sentence of 50 years in federal prison.
Drobot pleaded guilty in 2014 to charges of conspiracy and paying illegal kickbacks, admitting that he orchestrated a wide-ranging fraudulent kickback scheme where paid more than $50 million in bribes to doctors to steer hundreds of millions of dollars in spinal surgeries to his hospital. Drobot ultimately profited millions of dollars from the scheme.
According to his plea agreement filed on Tuesday, in January 2018, Drobot was sentenced to five years in federal prison and was ordered by the court to forfeit $10 million to the United States government and to partially satisfy the forfeiture by selling his 1965 Aston Martin, 1958 Porsche, and 1971 Mercedes-Benz automobiles. Drobot was ordered to perform this obligation by July 5, 2018.
Instead, from June 22, 2018 until September 14, 2018, Drobot intentionally violated the court’s forfeiture order in an effort to keep his criminal proceeds, the plea agreement states.
For example, on June 22, 2018, Drobot conveyed an interest in the Aston Martin car to a classic car auction company in exchange for a $1 million advance on the proceeds of the car’s sale, according to the plea agreement. Drobot admitted that he caused the auction company to wire $1 million to Drobot’s bank account. Drobot also admitted he used that money for personal expenses and not to satisfy the court’s forfeiture order. Drobot further admitted to laundering the money via transfers to third parties.
After Drobot violated the court’s forfeiture order, the government moved successfully in February 2019 to satisfy the outstanding money judgment by forfeiting Drobot’s interest in his Newport Beach residence and Perris, California business property.
As part of the underlying health care fraud scheme for which he was imprisoned, Drobot paid bribes to California State Senator Ronald Calderon in exchange for Calderon performing official acts to keep the spinal pass-through law on the books. Calderon served a 3½-year sentence in federal prison after admitting that he took bribes from Drobot and undercover FBI agents.
Prosecutors have charged 17 individuals and obtained 10 convictions as part of Operation Spinal Cap, which targets a long-running health care fraud scheme that generated nearly $1 billion in fraudulent claims to federal government, California state, and private insurers. Drobot spearheaded the scheme.
This case was investigated by the Federal Bureau of Investigation, IRS-Criminal Investigation, the California Department of Insurance, and the United States Postal Service, Office of the Inspector General.
This matter is being prosecuted by Assistant United States Attorneys Joseph T. McNally of the Violent and Organized Crime Section, Scott D. Tenley of the Santa Ana Branch Office, Ashwin Janakiram of the Major Frauds Section, and Jonathan S. Galatzan of the Asset Forfeiture Section.
Centre County Man Pleads Guilty to Tax EvasionRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeremy Snyder, age 43, of Centre County, pleaded guilty on July 23, 2019, before U.S. District Court Judge Matthew W. Brann to tax evasion.
According to U.S. Attorney David J. Freed, Snyder failed to report over $674,000 in money he had obtained from his employer, Number One Cycle Center in Center Hall, Pennsylvania, between the years 2011 and 2016. The unreported income resulted in over $211,000 in unpaid taxes.
The matter was investigated by the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this offense is up to five years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Cedar Rapids Man Sentenced to 40 Years in Federal Prison for Sexually Exploiting a Child and Possessing Child PornographyRead the Press Release
A man who sexually exploited a child and possessed child pornography was sentenced on July 23, 2019, to 40 years in federal prison.
John Hunt, age 35, of Cedar Rapids, Iowa, received the sentence after an October 18, 2018, guilty plea to one count of sexual exploitation of a child and one count of possession of child pornography. In a plea agreement, Hunt admitted that, between 2015 and 2017, he used, persuaded, induced, and enticed a minor to engage in sexually explicit conduct to produce visual depictions, and that he threatened to distribute depictions of the minor. In the plea agreement, Hunt also admitted to possessing child pornography, including depictions of prepubescent children.
Hunt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hunt was sentenced to 480 months’ imprisonment. A special assessment of $200 was imposed, and Hunt must also serve a 5-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 18-69.
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Career Criminal Charged with Drug and Firearm OffensesRead the Press Release
BOSTON – A career criminal still on supervised release from a previous federal drug trafficking conviction was indicted on new drug trafficking and firearm charges today.
Damien Bynoe, 44, of Roxbury, was indicted for being a felon in possession of a firearm and ammunition and possession with intent to distribute heroin and cocaine. Bynoe was arrested on Jan. 18, 2019, and has been in custody since, pending a final hearing for a supervised release violation.
According to court documents, on Jan. 18, 2019, law enforcement officers seized a loaded gun, heroin and cocaine from an apartment in Roxbury tied to Bynoe and additional amounts of heroin and cocaine from Bynoe himself.
In 2009, Bynoe was convicted in federal court in Boston of distribution of cocaine base within 1000 feet of a school. For that offense, Bynoe was sentenced to six years in prison and placed on supervised release for six years. Bynoe was still on supervised release from this earlier federal conviction when he was arrested with the gun and drugs charged in today’s indictment. Bynoe’s criminal record also includes a 2007 conviction for assault with a firearm; a 2001 conviction for distribution of cocaine in a school zone, for which he served five years in prison; and a 1991 juvenile delinquency adjudication for murder and unlawful possession of a firearm, where Bynoe shot and killed two teenagers on a Roxbury street.
On the felon in possession of a firearm charge, based on his prior criminal record, Bynoe faces a mandatory minimum sentence of 15 years and up to life in prison, up to five years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute heroin and cocaine carries a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 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 Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
California Man Sentenced to 13 Years for Shipping Methamphetamine to WisconsinRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Adan Ayala, 46, Olivehurst, California, pleaded guilty and was sentenced yesterday by U.S. District Judge James D. Peterson to 13 years in federal prison for attempting to distribute methamphetamine.
On April 20, 2018, law enforcement agents in Madison, Wisconsin, intercepted a package of methamphetamine that was intended for a local distributor. The package contained three, 1-pound packages of methamphetamine that were vacuum-sealed and concealed in a bucket. The methamphetamine was almost 100% pure and totaled approximately 1,286 grams. Based on intercepted communications, agents learned that Ayala was hoping to begin regularly supplying large quantities of methamphetamine to the Madison area. This shipment was his first attempt.
In addition to other convictions, Ayala was convicted in 2004 for conspiring to possess methamphetamine with intent to distribute, and spent five years in prison before he was released on supervision. He violated his conditions of release by again selling methamphetamine. As a result, his supervision was revoked and he was sentenced to an additional 33 months in prison. He most recently was released in 2016.
During sentencing, Judge Peterson remarked on Ayala’s persistent drug dealing behavior despite his earning a significant income as a long-haul truck driver after his 2016 release from prison. Judge Peterson agreed with the Assistant U.S. Attorney that at 46 years old, it is expected that criminal behavior begins to abate, but in Ayala’s case, his drug-dealing behavior only escalated.
The charge against Ayala was the result of an investigation conducted by the Drug Enforcement Administration in Wisconsin and California, U.S. Postal Inspection Service, Wisconsin Department of Justice Division of Criminal Investigation, Colusa County (California) Task Force, and Folsom (California) Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Diane Schlipper.
California Man Sentenced to 10 Years in Prison for Conspiring to Bring Fentanyl and Carfentanil from Overseas into Western PA for DistributionRead the Press Release
PITTSBURGH – A resident of California has been sentenced in federal court to 10 years’ (120 months’) imprisonment and five years’ supervised release on his conviction of conspiracy for possession with intent to distribute 400 grams or more of fentanyl, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Nikia Perkins, 44, of Bloomington, California.
According to information presented to the court, the charges in this case resulted from a wiretap investigation conducted by the FBI and other law enforcement partners. During the investigation, the defendant was intercepted over a wiretapped phone discussing drug transactions. The investigation revealed that the defendant, along with others, was responsible for over a kilogram of fentanyl and a quantity of carfentanil being brought into the Western District of Pennsylvania from overseas. The defendant requested that he be able to serve his sentence back in California.
Assistant United States Attorney Robert C. Schupansky prosecuted this case on behalf of the government.
This prosecution was part of a 12-month investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. The GPSSTF and the United States Attorney’s Office, Western District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United States Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department.
California Man Sentenced for His Involvement in A Series of Armored Car Robberies in Las VegasRead the Press Release
LAS VEGAS, Nev. – A man was sentenced Tuesday to 11 years and six months in federal prison for his role in a series of violent armored car robberies in Las Vegas and Henderson, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
Phillip Shiel, 23, of Los Angeles, Calif., pleaded guilty on April 16 2019, to one count of conspiracy to interfere with commerce by robbery, two counts of interference with commerce by robbery, and one count of brandishing a firearm during and in relation to a crime of violence. In addition to the incarceration, United States District Judge Jennifer A. Dorsey sentenced Shiel to five years of supervised release and ordered him to pay restitution.
According to court documents, Shiel admitted that he and others conspired to conduct a series of armed robberies of armored cars in Las Vegas. Shiel and his co-conspirators robbed three armored car messengers at gunpoint. They told the victims in each robbery to “Drop the bags, drop the bags!” to which the victims complied. The robberies that Shiel pleaded guilty to occurred on July 15, 2017, at the Walmart Grocery on Silverado Ranch, and on August 14, 2017, at the Wells Fargo Bank at North Pecos Road. Each time, the co-conspirators took the money bags and fled in a getaway vehicle. As a result of the conspiracy, the total loss was in excess of $180,000. Shiel and his co-conspirators were taken into custody in a parking lot while they were preparing to commit another armed robbery.
Co-defendants Trayvale Harrison, Randel Burge, Ianthe Rowland, and Shantae Williams await a jury trial scheduled on August 13, 2019. The charges against them are merely allegations and they are presumed innocent unless and until proven guilty in a court of law.
The investigation leading to the arrests and charges was conducted jointly by the FBI’s Violent Crimes Task Force, the Las Vegas Metropolitan Police Department’s Robbery and Major Violators sections, and the Henderson Police Department. The FBI’s Violent Crimes Task Force consists of FBI Special Agents and Detectives from the Las Vegas Metropolitan Police Department, Henderson Police Department, and the North Las Vegas Police Department.
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California Businessman Pleads Guilty in College Admissions CaseRead the Press Release
BOSTON – A California businessman has pleaded guilty in connection with a scheme to use bribery and other forms of fraud to facilitate his son’s admission to the University of Southern California (USC) as a purported athletic recruit.
Jeffrey Bizzack, 59, of Solana Beach, Calif., pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Oct. 30, 2019. According to the terms of the plea agreement, the government will recommend a sentence of nine months in prison, one year of supervised release, a fine of $75,000 and restitution. Bizzack was charged in June 2019.
According to the charging documents, Bizzack agreed with William “Rick” Singer and others to pay an amount, ultimately totaling $250,000, to facilitate the admission of Bizzack’s son to USC as a purported volleyball recruit, when in fact he was not.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
ByramMan Pleads Guilty to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Christopher Brian Birdsong, 39, of Byram, pled guilty yesterday before Chief U.S. District Court Judge Daniel P. Jordan III to being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation.
On December 5, 2017, Birdsong was caught shoplifting from Wal-Mart in Byram. When officers attempted to approach him, he fled. Once he was apprehended, he was found to be in possession of a Taurus .38 caliber revolver. Birdsong was also charged with shoplifting and resisting arrest. He was previously convicted of Felony DUI in Rankin County.
Birdsong will be sentenced by Judge Jordan on October 25, 2019 at 9:30 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and the Byram Police Department. It is being prosecuted by Assistant United States Attorney Kimberly T. Purdie.
Bunch Man Pleads Guilty to Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Robbie Lee Holmes, age 31, of Bunch, Oklahoma, entered a guilty plea to Drug Conspiracy, in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both.
The Superseding Indictment alleged that beginning in or about September 2017, the exact date being unknown to the Grand Jury, and continuing up to and including the date of the Superseding Indictment, within the Eastern District of Oklahoma and elsewhere, the Defendant, did knowingly and intentionally conspire, confederate and agree with others known and unknown to the Grand Jury, to commit offenses against the United States.
The charges arose from an investigation by the Tahlequah Police Department, the Cherokee County Sheriff’s Office, the Sequoyah County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Shannon Henson represented the United States.
Bronx Man Sentenced to 60 Months for Heroin ConspiracyRead the Press Release
ALBANY, NEW YORK – Ronny Mota, age 29, of the Bronx, New York, was sentenced today to 60 months in prison, to be followed by 4 years of supervised release, for conspiring to distribute more than 100 grams of heroin.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
In pleading guilty, Mota admitted that on December 5, 2018, he drove from New York City to Albany County, New York, for the purpose of selling approximately 130 grams of heroin to another individual. The DEA arrested Mota and a co-conspirator in a motel parking lot in Colonie before they could meet with the buyer. Agents found the bag of heroin in a coffee cup.
This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, which includes investigators from the Schenectady Police Department, Troy Police Department and New York State Police. The Schenectady County Sheriff’s Office also assisted in the investigation. This case was prosecuted by Assistant U.S. Attorney Michael Barnett.
Brockton Man Sentenced for Selling CocaineRead the Press Release
BOSTON – A Brockton man was sentenced today in federal court in Boston for distributing crack cocaine.
Tyrone Smith, 32, was sentenced today by U.S. District Court Judge Dennis Saylor to 28 months in prison and three years of supervised release. In May 2019, Smith pleaded guilty to distributing cocaine base (a/k/a crack cocaine).
This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking. It is alleged that many of the Operation Landshark targets are in the top 30 criminal offenders responsible for violent acts and firearms in Brockton.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachel Rollins; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service.
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.
Bowling Green Man Pleads Guilty to Sexually Abusing Two GirlsRead the Press Release
CINCINNATI – Lynn Brenneman, 60, of Bowling Green, Ohio, pleaded guilty in U.S. District Court to traveling with the intent to engage in illicit sexual conduct with a minor.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, the Ohio Department of Natural Resources, Mason Police Chief Todd Carter, Warren County Prosecutor David P. Fornshell, Preble County Prosecutor Martin P. Votel and members of the FBI’s Child Exploitation Task Force announced the plea entered into before U.S. District Judge Susan J. Dlott.
According to court documents, in December 2018, an FBI task force officer was contacted by an Ohio Department of Natural Resources officer regarding an investigation involving the sexual abuse of a 13-year-old.
Brenneman had abused the girl on five different occasions over the course of three years and had gone on trips with the girl’s family to Florida, New York, Indiana, Michigan, Washington D.C. and various places in Ohio. For some of the trips, Brenneman paid for campsites and drove the victim in his RV to other states, where he sexually abused her.
On one family trip to a state park in Ohio in September 2018, Brenneman abused the victim and she ran from the camper and reported the abuse. Officers from the Ohio Department of Natural Resources responded on scene at the campground and interviewed witnesses.
During the course of this investigation, it was also revealed that Brenneman had engaged in similar abuse with a second victim years earlier, abusing her between the ages of eight and 11.
The parties involved with this case have recommended a sentence of 10 years in prison in addition to lifetime supervised release. Judge Dlott will consider that recommendation at a future sentencing hearing.
As part of his plea, Brenneman has agreed to pay $75,000 in restitution to one victim and $25,000 to another victim.
The plea agreement also accounts for local charges in Warren and Preble counties.
U.S. Attorney Glassman commended the investigation of this case by the FBI, Ohio Division of Natural Resources and Assistant United States Attorney Christy L. Muncy, who is representing the United States in this case.
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Boston Man Pleads Guilty to Transporting a Minor for ProstitutionRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday in federal court in Boston to transporting a minor for prostitution.
Corey Smith, 35, pleaded guilty before U.S. District Court Senior Judge George A. O’Toole Jr. to one count of transportation of a minor for purposes of prostitution and two counts of transportation of an individual with intent to engage in prostitution. According to the terms of the plea agreement, the parties recommend a sentence of 146 months in prison and three years of supervised release. Judge O’Toole deferred acceptance of the plea and scheduled sentencing for Oct. 24, 2019.
Between January 2015 and March 2015, Smith transported a minor girl between Massachusetts, Georgia, and Connecticut, with the intent that she would engage in prostitution. Between November 2014 to June 2015, Smith transported another woman between Massachusetts, Georgia, and Connecticut with the intent that she would engage in prostitution, and used force and threats to coerce her to do so. Smith transported a third woman between Massachusetts and Connecticut with the intent that she would engage in prostitution between January and February 2015.
The charge of transportation of a minor for purposes of prostitution provides for a mandatory minimum sentence of 10 years and up to a lifetime in prison, five years of supervised release and a fine of $250,000. The charge of transportation for purposes of prostitution provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Assistant U.S. Attorney Timothy Moran of Lelling’s Civil Rights Enforcement Team is prosecuting the case.
Ashley, Indiana Man Sentenced 102 Months ImprisonmentRead the Press Release
FORT WAYNE – Adam Getts, 32 years old, of Ashley, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after pleading guilty to possession with intent to distribute five grams or more of methamphetamine and possession of a firearm in furtherance of a frug trafficking crime, announced U.S. Attorney Kirsch.
Getts was sentenced to 102 months imprisonment followed by 2 years of supervised release.
According to documents in the case, on March 9, 2018, Getts was found in possession of five grams or more of methamphetamine with the intent to distribute. On the same date, Getts was also found in possession of a firearm in furtherance of a drug trafficking crime.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, Drug Enforcement Administration, DeKalb County Sheriff’s Department, Waterloo Police Department and Auburn Police Department. This case was prosecuted by Assistant United States Attorneys Sarah Nokes and Anthony Geller.
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Armed Robber Sentenced to 18 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that today United States District Judge Colm F. Connolly sentenced Tyree Miller, 20, of Wilmington, to 18 years in federal prison for his role in a series of violent robberies and a demand note bank robbery.
Between August 2, 2018 and August 16, 2018, Miller, along with two separately charged co-conspirators, Fabian Rampersant Evans and D’Andre Dereck Whittle, both of Wilmington, committed six armed commercial robberies and one demand note bank robbery in Wilmington, Newport, and Hockessin, Delaware. In each of the commercial robberies, Miller entered the store armed with a firearm and demanded money. In one of the robberies, Miller struck a customer in the head with the firearm before pulling the trigger of the firearm while it was pointed at the face of the clerk. In three of the robberies he “racked” the gun as he was approaching the store clerks. In the bank robbery, Miller handed a note to the teller which instructed that, if Miller got what he wanted, nobody would die.
In sentencing the defendant, Judge Connolly spoke about the level of violence involved in the offenses and pointed out the degree of recklessness displayed by the defendant. Judge Connolly also discussed at length how the defendant’s years of marijuana use impaired his judgment and contributed to his behavior.
U.S. Attorney Weiss commented, “The investigation, arrest, and successful prosecution of Miller and his two co-conspirators demonstrates effective inter-agency collaboration. Thanks to the extraordinary efforts of the Delaware State Police and the FBI a repeat, violent offender has been removed from the Delaware communities in which he committed his crimes. The U.S. Attorney’s Office truly appreciates the federal, state and local partnerships which made this case possible and continue to make our communities safer.”
"When anyone enters a business or a bank with the intention on robbing it, especially while armed with a firearm, there is always a chance someone could get injured or worse," said Jennifer C. Boone, Special Agent in Charge of the Baltimore FBI. "The FBI in Delaware is committed to working closely with all of our law enforcement partners to remove violent criminals from their neighborhoods.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the FBI-Baltimore Division’s Wilmington Office in collaboration with the Delaware State Police. It is being prosecuted by Assistant U.S. Attorney Maureen McCartney.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No.18-89.
Alexandria man sentenced to 4 and a half years for being a felon in possession of a stolen pistolRead the Press Release
ALEXANDNRIA, La. – Freddie Lewis, 28, of Alexandria, was sentenced Tuesday by U.S. District Judge Dee D. Drell to serve 54 months in federal prison and one year of supervised release for possession of a firearm by a convicted felon, announced U.S. Attorney David C. Joseph. Lewis previously pleaded guilty to the federal charge on April 16, 2019.
A Louisiana State Trooper stopped Freddie Lewis in Alexandria on December 12, 2017, and found that he was in possession of a loaded Glock 22, .40-caliber pistol that was reported stolen. Lewis is prohibited from possessing a firearm because of previous felony convictions that include possession of cocaine (2010), aggravated flight from an officer and simple burglary of a religious building (2013), obscenity (2015) and attempted possession of a firearm by a convicted felon (2017). Under federal law, felons are not allowed to possess a firearm or ammunition.
The ATF and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Mike O’Mara prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Akron man with history of domestic violence indicted for illegally having five firearms and ammunitionRead the Press Release
An Akron man with a history of domestic violence convictions was indicted for illegally having five firearms and ammunition.
Thomas Piispanen, 31, was indicted on one count of being a prohibited person in possession of firearms.
Piispanen on February 20 possessed a Bersa 9 mm pistol, an H&K .40-caliber pistol, a Sig Sauer 9 mm pistol, an IO .762-caliber rifle, a Ruger .380-caliber pistol and ammunition. He was prohibited from possessing firearms or ammunition because of a 2007 conviction in Massillon Municipal Court for domestic violence and a 2011 conviction in Massillon Municipal Court for domestic violence.
“People who hurt their spouses or partners are not allowed to have a firearm, and we are committed to prosecuting those abusers who ignore the law,” U.S. Attorney Justin Herdman said.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Summit County Sheriff’s Office, New Franklin Police Department and ATF. The case is being prosecuted by Assistant U.S. Attorney Peter E. Daly.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
23 July 2019
Waterbury Man on Federal Supervised Release Charged with Illegally Possessing HandgunRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned an indictment charging DESI WILLIAMS, 38, of Waterbury, with one count of possession of a firearm by a convicted felon.
The indictment was returned on July 1, 2019. Williams appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charge. Williams was ordered detained pending trial.
As alleged in the indictment, on January 28, 2019, Williams possessed a loaded Smith & Wesson .22 caliber revolver.
It is further alleged that, in 2016, Williams was convicted in federal court of possession of a firearm by a convicted felon, and was previously convicted in state court of felony robbery, burglary and failure to appear offenses.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Williams has been detained since January 28, 2019, when he was arrested by Waterbury Police on related charges.
If convicted of the offense, Williams faces a maximum term of imprisonment of 10 years.
Williams, who was on federal supervised release at the time of the alleged offense, also faces additional penalties if he is found to have violated the conditions of his supervised release.
U.S. Attorney Durham stressed that charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Waterbury Police Department. This case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle and Jocelyn Courtney Kaoutzanis.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Virginia Man Sentenced for Role in Money Laundering SchemeRead the Press Release
PITTSBURGH - A Virginia resident has been sentenced in federal court to two years probation, including six months of home detention, on his conviction of money laundering conspiracy, United States Attorney Scott W. Brady announced today.
Senior United States District Judge David S. Cercone imposed sentence on Thomas Powell, 64, of Salem, Virginia.
In connection with sentencing, the court was advised that during the period from January 2011 through May 2016, Powell agreed to become a member of a money laundering conspiracy. Powell conducted financial transactions affecting interstate commerce, knowing that the property involved in the financial transactions represented the proceeds of some form of unlawful activity. Powell knew that each of the financial transactions was designed in whole or in part to conceal or disguise the nature, location, source, ownership, and control of the proceeds. As part of the money laundering conspiracy, the defendant and his co-conspirators conducted the following financial transactions: 1) withdrew funds from prepaid debit cards and credit cards; 2) transmitted and received funds via MoneyGram, Walmart and Western Union; 3) cashed checks and money orders; and 4) sent and received wire transfers of funds. The funds involved in these transactions, which totaled thousands of dollars, were the proceeds of wire fraud.
Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.
The United States Postal Inspection Service and the Department of Homeland Security, Homeland Security Investigations, conducted the investigation leading to the conviction in this case.
US Postal Service Employee Charged with Stealing Money from the MailRead the Press Release
PITTSBURGH - A resident of Midland, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of theft of mail by a postal employee, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Stephanie Atkins, age 31, as the sole defendant.
According to the Indictment, on or about May 14, 2019, Atkins was an employee of the United States Postal Service and stole money that was intended to be conveyed by mail.
The law provides for a maximum total sentence of not more than five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Bond of $5,000 unsecured has been requested.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The U.S. Postal Service-Office of Inspector General (USPS-OIG) conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.