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Monday 10 June 2019
Otis, Oregon Man Sentenced to Eight Years in Federal Prison for Distributing Child Pornography Using DropboxRead the Press Release
PORTLAND, Ore.—William Borges, 21, of Otis, Oregon, was sentenced today to 96 months in federal prison and five years’ supervised release for distributing child pornography.
According to court documents, investigators identified Borges in September 2016 as part of an ongoing investigation by the FBI’s Sacramento Field Office into the use of Dropbox, a cloud-based file sharing application, to distribute media depicting the sexual exploitation of children. A federal search warrant issued to Dropbox produced the email address Borges used to create a Dropbox account identified by investigators as containing child pornography. Investigators later matched three video uploads to Dropbox depicting the sexual abuse of young children to the IP address of Borges’ home in Otis. During a search of Borges’ home, he admitted to possessing child pornography and trading images and videos using Kik Messenger and Dropbox.
On November 13, 2018, Borges pleaded guilty to one count of distributing child pornography.
The FBI Sacramento Child Exploitation Task Force (CETF) and FBI Salem Resident Agency investigated this case. It was prosecuted by Amy Potter, Assistant U.S. Attorney for the District of Oregon.
The FBI’s CETF conducts sexual exploitation investigations—many of them undercover—in coordination with other federal, state, and local law enforcement agencies. The CETF is committed to locating and arresting those who prey on children as well as recovering underage victims of sex trafficking and child exploitation.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Oregon man sentenced to 15 years in prison for cyberstalking and making threats to his former co-workers and law enforcement officialsRead the Press Release
An Oregon man was sentenced to 15 years in prison for cyberstalking and making threats to his former co-workers and law enforcement officials.
A jury found Michael A. Hagar guilty earlier this year of one count of cyberstalking and two counts of interstate threatening communication after a weeklong trial.
Hagar, 48, was employed at a Goodyear store in Salem, Oregon, from 2011 through 2013. He was employed by Eaton in Portland, Oregon, from 2014 through 2015. He was involuntarily terminated from both positions, according to court documents and trial testimony.
Hager sent numerous threatening e-mails to at least seven former co-workers at Eaton and Goodyear in 2015 and 2016, as well as threatening emails to law enforcement officials in Oregon. The e-mails he sent traveled through Eaton and Goodyear data centers in Northeast Ohio, according to court documents and trial testimony.
In 2016, Hagar was personally served with a temporary stalking protective order ordering him to stop any contact with an Eaton employee identified as R.G. He was also arrested for trespassing on Goodyear property in Oregon, according to court documents and trial testimony.
On May 30, 2016, he sent an email to R.G. and Oregon law enforcement officials with the subject line: “I AM GOING TO RUIN EVERYONE OF YOU(R) LIVES,” according to court documents and trial testimony.
This case is being prosecuted by Assistant U.S. Attorneys Daniel J. Riedl and Om Kakani following an investigation by the FBI.
Operator of Long Island Business Pleads Guilty to Defrauding Investors in Distribution of Wine Product Featured on “Shark Tank” TV ShowRead the Press Release
Earlier today, in federal court in Central Islip, Joseph Falcone, who formerly operated a wine and liquor distribution business known as 3G’S VINO LLC (3G’S), pleaded guilty to wire fraud for his scheme to solicit investors. When sentenced, Falcone faces up to 20 years in prison, as well as restitution, criminal forfeiture and a fine. The guilty plea was entered before United States Magistrate Judge Steven I. Locke.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
“Falcone lured investors into believing that they were funding an up-and-coming business and then used their money to purchase his Florida home and to finance his online securities trading,” stated United States Attorney Donoghue. “This Office will continue to protect the investing public by prosecuting to the fullest extent of the law those who use deceptive practices to enrich themselves.”
“Mr. Falcone didn’t use the money his investors gave him on the actual investment he sold to them,” stated FBI Assistant Director-in-Charge Sweeney. “Investing in other people’s ideas can be a risky venture because most backers can’t see the details that would show the fraud. That’s where the FBI and our law enforcement partners come in. We can see the numbers that don’t add up and we can hold the fraudsters accountable.”
According to court filings and facts presented at the guilty plea proceeding, in December 2012, Falcone established 3G’S, based in Bethpage and Farmingdale, New York, which among other products, distributed a single-serving, wine in a sealed glass that was featured on the television program “Shark Tank.” Between September 2014 and November 2015, Falcone solicited investments and promised potential investors that he would use their money to fund 3G’S, such as by purchasing the single-serving wine product. Relying on those promises, investors wired funds from bank accounts in New York to bank accounts in Florida controlled by Falcone. Rather than invest the money as promised, Falcone used about $527,064 of the investors’ money to purchase a residence in Florida and to support his online securities trading.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Madeline M. O’Connor are in charge of the prosecution.
The Defendant:
JOSEPH FALCONE
Age: 59
Melbourne, FloridaE.D.N.Y. Docket No. 19-CR-257 (SJF)
Omaha Man Convicted of Counterfeiting and Methamphetamine DistributionRead the Press Release
United States Attorney Joe Kelly announced that Frank Sadecki, age 34, of Omaha, Nebraska, was sentenced today in federal court for Possession of Analog, Digital, and Electronic Images for Counterfeiting Obligations and Securities and Possession with Intent to Distribute at Least 50 grams of a substance containing methamphetamine. Senior United States District Court Judge Laurie Smith Camp sentenced Sadecki to 100 months’ imprisonment. There is no parole in the federal system. Sadecki will begin a 4-year term of supervised release upon his release from prison.
Following the execution of a search warrant, law enforcement determined that Sadecki was in possession of approximately 56 grams of a substance containing methamphetamine. During this search warrant, law enforcement located numerous items consistent with the manufacture of counterfeit United States currency to include multiple printers and scanners, paper cutters, cutting board, aerosol sprays, assorted ink cartridges, numerous sheets of specialized printing paper, and a computer containing digital images of United States currency. Law enforcement also found $1,180 in counterfeit United States currency and 56 sheets of printed uncut counterfeit United States currency.
This case was investigated by the Omaha Metro Area Fraud Task Force and, specifically, the United States Secret Service and the Omaha Police Department.
Ohio and West Virginia residents indicted for methamphetamine distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Eleven people were indicted by a federal grand sitting in Clarksburg on May 7, 2019 on drug distribution charges, United States Attorney Bill Powell announced.
The indictment alleges a conspiracy to distribute methamphetamine, sometimes near Glenville State College, in Gilmer County and elsewhere from the July 2018 to November 2018. Those charged are:
- Cory Davonta Smith, Jr., age 26, of Barberton, Ohio
- Michael Anthony Hill, Jr., age 24, of Columbus, Ohio
- Waitman Larry Frederick, age 41, of Glenville, West Virginia
- Tressie Lenee Payne, age 23, of Normantown, West Virginia
- Jeremiah Lee Carr, age 31, of Glenville, West Virginia
- Brandi Dawn Singleton, age 41, of Burnsville, West Virginia
- Chet Atkins Massey, age 50, of Sand Fork, West Virginia
- Jerry Lee Boyers, age 41, of Glenville, West Virginia
- Joseph Lee Frederick, age 35, of Duck, West Virginia
- Kisha Starr Riggs, age 31, of Glenville, West Virginia
- Duncan Currie Canter, age 24, of Burnsville, West Virginia
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Ohio County man admits to methamphetamine chargeRead the Press Release
WHEELING, WEST VIRGINIA – Chad Markle, of Wheeling, West Virginia, has admitted to distributing methamphetamine, United States Attorney Bill Powell announced.
Markle, age 31, pled guilty to one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Methamphetamine.” Markle admitted to distributing methamphetamine in Marshall and Ohio Counties from July 2018 to February 2019. The government is also seeking the forfeiture of the Markles’ residence at 36 Fernwood Avenue in Wheeling.
Markle 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.
Assistant U.S. Attorney Robert H. McWilliams, Jr., is prosecuting the case on behalf of the government. The Marshall County Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Niagara Falls Man Pleads Guilty to Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Randy Colucci, 34, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in April 2017, a Homeland Security Investigations Special Agent, working undercover, discovered multiple files containing videos and images of child pornography being shared on a peer to peer website. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files related to one utilized by the defendant, which led to the execution of a search warrant at his residence. Digital media recovered from Colucci in June 2017 contained child pornography, including children under the age of 10, and images of children involved in violent sexual assaults.
The defendant is on New York State parole for a 2011 manslaughter conviction, involving the death of his two-year-old daughter.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 16, 2019, at 1:00 p.m. before Judge Arcara.# # # #
New Jersey Man Pleads Guilty to Shipping Heroin to PlattsburghRead the Press Release
SYRACUSE, NEW YORK – Keith M. Moses, age 31, of Paterson, New Jersey, pled guilty today to conspiring to distribute 100 grams or more of heroin.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; Joseph Cronin, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division; and Plattsburgh City Police Chief Levi J. Ritter.
Moses admitted that between December 1, 2017 and September 5, 2018, he supplied approximately 455 grams of heroin for distribution in Plattsburgh. On approximately 65 occasions, Moses sent heroin through the U.S. Mail from New Jersey to a co-conspirator in Plattsburgh. Each of these packages contained, on average, 4.6 grams of heroin. Additionally, Moses transported larger supplies of heroin on at least three occasions from New Jersey to the co-conspirator in Ulster County, New York. Each of these packages contained, on average, 23 grams of heroin. On approximately 20 occasions, the co-conspirator travelled to New Jersey to meet with Moses and receive heroin. Each of these packages contained, on average, 4.6 grams of heroin. The co-conspirator distributed the heroin in the Plattsburgh area and returned a portion of the drug proceeds to Moses.
Moses faces at least 5 years and up to 40 years in prison, and a fine of up to $5 million, when he is sentenced by Senior United States District Judge Frederick J. Scullin, Jr. on October 15, 2019. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the DEA, the United States Postal Inspection Service, and the Plattsburgh City Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Monongalia County woman sentenced to 30 years for child pornographyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Tara Ponceroff, of Morgantown, West Virginia, was sentenced today to 30 years incarceration for child pornography, United States Attorney Bill Powell announced.
Ponceroff, age 26, pled guilty to one count of “Aiding and Abetting Production of Child Pornography” in February 2019. Ponceroff admitted to producing and distributing child pornography involving a minor in December 2017 in Monongalia County.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The West Virginia State Police investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Monongalia County men indicted for firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – DeRon Parrish and Andre Parrish, both of Morgantown, West Virginia, were arraigned today after being indicted by a federal grand sitting in Clarksburg on May 7, 2019 on firearms charges, United States Attorney Bill Powell announced.
DeRon, age 31, and Andre, age 24, were each indicted on one count of “Aiding and Abetting the Possession of a Stolen Firearm.” DeRon was indicted on one count of “Unlawful Possession of Firearm as Convicted Felon.” Andre was indicted on one count of “Unlawful Possession of a Firearm as Drug User.” DeRon and Andre, both prohibited from having a firearm, are accused of having three 12-guage shotguns, suspected to be stolen, in Monongalia County in November 2018.
DeRon and Andre each face up to 10 years incarceration and a fine of up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Morgantown Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Mineral County man indicted for child pornographyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Danny David Wilt, of Keyser, West Virginia, was indicted by a federal grand jury sitting in Martinsburg, West Virginia on May 21, 2019 for child pornography, United States Attorney Bill Powell announced.
Wilt, age 44, is charged with one count of “Distribution of Child Pornography” one count of “Possession of Child Pornography.” Wilt is accused of distributing child pornography through his computer and possessing child pornography depicting a minor under the age of 12. The crimes took place in July and August 2017 in Mineral County.
Wilt faces up to 20 years incarceration and a fine of up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The Federal Bureau of Investigation, the West Virginia State Police, and the Maryland State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Michigan and Monongalia County residents indicted for cocaine and heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Six people were indicted by a federal grand sitting in Clarksburg on May 7, 2019 on drug distribution charges, United States Attorney Bill Powell announced.
The indictment alleges a conspiracy to distribute heroin and cocaine, sometimes near West Virginia University, in Monongalia County from the fall of 2017 to May 2019. Those charged are:
- Anthony Foy, also known as “Duke,” age 41, of Detroit, Michigan
- Jerel Seahorn, also known as “L,” age 33, of Detroit, Michigan
- Ronald Bowser, age 37, of Morgantown, West Virginia
- Gerald Kyler, also known as “Dave,” age 37, of Eastpointe, Michigan
- Teisha Primm, age 30, of Morgantown, West Virginia
- Andrew Parker, age 29, of Mannington, West Virginia
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Mexican National Sentenced to 10 Years in Prison for Marijuana Cultivation in Wilderness Area in the Sequoia National ForestRead the Press Release
FRESNO, Calif. — Felipe Angeles Valdez-Colima (Valdez), 36, of Michoacán, Mexico was sentenced today to 10 years in prison for conspiring to manufacture, distribute, and possess with intent to distribute marijuana in the Kiavah Wilderness area of the Sequoia National Forest, U.S. Attorney McGregor W. Scott announced.
U.S. District Judge Dale A. Drozd ordered Valdez to pay $7,620 in restitution to the U.S. Forest Service for the damage he caused to the National Forest.
According to court documents, Valdez and his co-defendants, Mauricio Vaca-Bucio, 31, and Rodolfo Torres-Galvan, 30, both of Mexico, were apprehended after a two-month investigation. Law enforcement officers saw Valdez and Torres emerge from the forest at a drop point historically used by marijuana cultivators to access grow sites in that remote area. The men entered a Camaro driven by Vaca and were later stopped in Weldon. Officers found freshly harvested marijuana in their vehicle and located over 1,800 marijuana plants at the grow sites on the interconnected trails from the drop point. The officers also found highly toxic illegal pesticides, including carbofuran and zinc phosphide, in the Camaro and at the grow sites.
The Kiavah Wilderness is part of the National Cooperative Land and Wildlife Management Area and the Bureau of Land Management Jawbone Butterbredt Area of Critical Environmental Concern, which was designated to protect wildlife and preserve Native American heritage.
This case is the product of an investigation by the U.S. Forest Service with assistance from Enforcement and Removal Operations of Immigration and Customs Enforcement (ICE), Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, California National Guard, Kern County Sheriff’s Office, and Kern County Probation Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
On May 13, Torres was sentenced to three years and 10 months in prison. Vaca is scheduled for sentencing on Aug. 5. He faces a minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Marshall County man indicted for failing to register as a sex offenderRead the Press Release
WHEELING, WEST VIRGINIA – Zachary Douglas Brown, of Moundsville, West Virginia, was indicted by a federal grand sitting in Clarksburg on May 7, 2019 on a failure to register charge, United States Attorney Bill Powell announced.
Brown, age 33, was indicted on one count of “Failure to Register.” Brown is accused of traveling across state lines and failing to register as a sex offender, as required. The crime took place between January and March 2019.
Brown faces up to 10 years incarceration and a fine of up to $250,000. 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.This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Danae Demasi-Lemon is prosecuting the case on behalf of the government. The United States Marshal Service investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Marina Owner Admits Lying to the SBA to Receive Disaster Loan in Connection with Hurricane SandyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Hannibal “Mike” Ware, Inspector General, Small Business Administration, announced that SCOTT SUNDHOLM, 39, of Old Saybrook, waived his right to be indicted and pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of making false statements for the purpose of obtaining a Small Business Administration loan.
According to court documents and statements made in court, Sundholm owns and operates S&S Marine, LLC, a marina located in Old Saybrook. In 2016, Sundholm applied for and received a disaster loan from the Small Business Administration after claiming that Hurricane Sandy, which struck Connecticut in late October 2012, caused a tidal surge at the marina and damaged floating boat docks, a boat ramp, a bath house, a metal shop building and other structures. Sundholm also claimed that the bath house he had replaced after the hurricane was of the same size and quality as to what was in place prior to the storm.
An investigation revealed that certain claims made by Sundholm about damage that Hurricane Sandy caused his marina were not true. Sundholm had demolished the marina’s pre-existing bath house in September 2012, more than a month before Hurricane Sandy, and the bath house was dilapidated and not similar in size and quality to the new bath house that Sundholm subsequently built. In addition, no floating boat docks or boat ramps existed at the marina prior to the hurricane.
Judge Shea scheduled sentencing for September 6, 2019, at which time Sundholm faces a maximum term of imprisonment of two years and a fine. Sundholm has paid full restitution of $1,653,257.10 to the Small Business Administration.
Sundholm is released pending sentencing.
This matter has been investigated by the Small Business Administration Office of Inspector General and is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Man Who Used Russian Photo-Sharing Website to Obtain, Share and Advertise Child Pornography Sentenced to 25 Years in Federal PrisonRead the Press Release
LOS ANGELES – A former West Covina resident was sentenced today to 300 months in federal prison for uploading images of child pornography to a Russian photo-sharing website and publishing an advertisement that sought to exchange sexually-explicit images of children.
Christopher Clay Roman-Tuttle, 33, now of Spokane, Washington, who also uses the name Christopher Clay Tuttle, was sentenced by United States District Judge Percy Anderson. Once he completes the prison sentence, Tuttle will be required to register as a sex offender and will be on supervised release for the rest of his life.
Roman-Tuttle pleaded guilty in March to one count of advertising child pornography, which carries a mandatory minimum penalty of 15 years in prison.
When he pleaded guilty, Roman-Tuttle admitted that he created an online account in 2015 that he used to publish an advertisement seeking to receive, exchange and distribute child pornography. He further admitted that he posted two photo albums – one containing non-pornographic images of a minor known to him, and one of which contained images of unknown children being sexually exploited. Roman-Tuttle advertised these images and sought to obtain additional images in a statement, which read, in part: “Preteens and tween’s in diapers is cool too…. I’d love to meet up with a parent that wants to share their daughter (of course id make it worth their wile).”
In response to the advertisement, Roman-Tuttle received numerous emails over the course of two days from dozens of individuals seeking to exchange child pornography with him, and many of these individuals sent him digital files of child pornography. Roman-Tuttle admitted sending child pornography to many of these individuals. In emails to some of these other individuals, Roman-Tuttle described his desire to sexually abuse children, including the minor known to him, whom he admitted to having sexually abused in the past, according to his plea agreement.
“Based on defendant’s online activity, it is clear that defendant has a sexual interest in children, and used child pornography to seek out individuals who would allow him sexual access to other children,” prosecutors wrote in a sentencing memo filed with the court. “In aid of this quest, defendant treated images of sexually-exploited children as currency, offering to trade images and videos from his collection to obtain his preferred images of girls between five and eight years old.”
In his plea agreement, Roman-Tuttle also admitted possessing more than 9,000 images and 330 videos of child pornography on his computer and on other devices, including images depicting the sexual abuse and exploitation of infants or toddlers. He also admitted to knowingly possessing a sexually explicit image of the minor known to him.
This matter was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
This case was prosecuted by Assistant United States Attorney Damaris Diaz of the Violent and Organized Crime Section.
Man Who Stole Nearly $80,000 in Social Security Disability Benefits Sentenced to Federal PrisonRead the Press Release
A man who stole $78,734 in Social Security disability benefits over a nearly four year period was sentenced today to six months in federal prison. Larry Joe Hanson, Sr., age 58, from Cedar Rapids, Iowa, received the prison term after an October 30, 2018 guilty plea to theft of government property.
According to a plea agreement and information disclosed at sentencing, Hanson received Social Security disability benefits from April 2013 through March 2017 because he told the Social Security Administration he was not able to work. However, Hanson was working at a company in Cedar Rapids during this time. Hanson lied and said all of the money he was making was from renting his tools to the company and not from working. However, Hanson later asked his employer to put the wages he was making in his wife’s name because, according to Hanson, he wanted to work but could not get paid. Between April 2013 and March 2017, Hanson received $78,734 in disability benefits to which he was not entitled.
Hanson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hanson was sentenced to six months’ imprisonment. He was ordered to make $78,509.40 in restitution to the Social Security Administration. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Hanson was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the Social Security Administration – Office of the Inspector General. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 18-cr-73.
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Man Sentenced for Straw-Purchasing Firearms for Gang Members and FelonsRead the Press Release
NORFOLK, Va. – A Franklin man was sentenced today to almost four years in prison for straw-purchasing several guns for fellow Crip gang members, including felons and others planning to engage in gang-related shootouts.
“Straw purchasing firearms is a very serious crime,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Convicted felons have forfeited their Second Amendment right to bear arms, and those who choose to straw purchase firearms will be investigated, prosecuted, and held accountable for their dangerous conduct. We will continue to aggressively pursue these cases, seek to obtain felony convictions, and work with local federally licensed firearms dealers and our partners at the ATF to stop the flow of illegally purchased firearms from hitting the street.”
According to court documents, Larry Donnell Parrish III, 24, was the hub of a Franklin based straw-purchasing conspiracy involving a subset of the Crips violent street gang, the 00 Gang. Parrish, a 00 Gang member with no criminal record, purchased at least seven guns from federally licensed gun stores for other gang members who could not purchase the firearms themselves because they were felons.
“ATF is committed to keeping firearms out of the hands of gang members and those intent on committing violent crimes,” said Ashan Benedict, Special Agent in Charge of the ATF Washington Field Division. “Firearms trafficking is a serious offense. This investigation highlights ATF’s commitment to protecting the public and keeping our communities safe. If you lie and buy firearms, ATF will work with our law enforcement partners across the region to ensure that you are held accountable for your crimes.”
Parrish also purchased guns for gang members who could legally buy the guns, but did not want to because they planned to commit violent crimes with the guns. Three of the guns Parrish had straw-purchased were later recovered by law enforcement while investigating other crimes, and one of the guns was recovered in Washington, D.C. only 10 days after Parrish had bought the gun.
“This individual illegally obtained firearms to commit further, potentially violent, criminal activity with fellow Crip gang members,” said Michael K. Lamonea, Assistant Special Agent in Charge of Homeland Security Investigations Norfolk. “There’s a reason straw-purchasing is not permitted, and that’s because weapons end up in the hands of dangerous criminals. Thanks to the quick actions of our federal and local partners, we’ve taken a source for violent crime off the streets.”
As a known drug-user, Parrish is prohibited from possessing a gun. After he straw-purchased the guns, police caught him with yet another gun, an extended magazine, and marijuana.
“Participation with our federal partners through task force endeavors such as Project Safe Neighborhoods has enabled our agency to address numerous concerns,” said Robert Porti, Deputy Chief of Franklin Police. “Joint investigations such as this, involving Mr. Parrish, have been successful in apprehending and prosecuting criminals as well as those that support and enable criminal operations. We appreciate and look forward to continuing joint investigations aimed at further reducing crime within our city and enhancing the quality of life for our residents.”
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk; and Robert Porti, Deputy Chief of Franklin Police Department, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney William B. Jackson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-150.
Madras Man Sentenced to Probation for Discharging Firearm During Road Rage Incident on Warm Springs Indian ReservationRead the Press Release
PORTLAND, Ore.—Dat Quoc Do, 28, of Madras, Oregon, was sentenced today to three years’ probation after being convicted at trial for the unlawful use of a firearm during a road rage altercation on the Warm Springs Indian Reservation in September 2017.
According to court documents and information shared during trial, on September 14, 2017, Do was riding in the front passenger seat of a vehicle driven by his girlfriend. The two were driving at night eastbound on Highway 26 on the Warm Springs Indian Reservation when they came upon another eastbound vehicle being driven by an adult member of the tribe. Also in the second vehicle were the driver’s adult daughter and her 12-year-old niece.
Do’s girlfriend was driving aggressively and tailgating the crime victims’ vehicle for over a mile when the crime victim motioned for her to pass. At some point in the encounter, the driver’s adult teen daughter threw a water bottle at, but did not hit Do’s vehicle. In response, Do fired several shots out the front passenger window of their vehicle, but did not hit the crime victims’ vehicle. After the initial shooting, Do’s girlfriend raised the passenger window and continued to tailgate the other vehicle. When she had a clear lane to pass, Do’s girlfriend moved to change lanes.
As Do’s girlfriend began to overtake the other car, Do extended his hand holding a handgun out of their vehicle’s front passenger window. Believing that Do was pointing the gun in her direction, the victim driver rapidly applied her brakes. Do fired several additional rounds as they drove away.
The victim driver called Warm Springs Tribal Police to report the incident while continuing to follow Do’s vehicle. A patrol officer later stopped their vehicle and ordered Do and his girlfriend out at gunpoint. Both were taken into custody. Officers recovered a Springfield Armory XD .45 caliber handgun in the front-passenger door pocket of the vehicle and a .45 caliber magazine partially loaded with five rounds in the center console.
During sentencing, U.S. District Court Judge Michael H. Simon ordered Do to pay $1,158 in restitution to his victims to cover their lost wages during trial preparation and mileage to and from pretrial meetings, trial and sentencing in Portland.
On March 15, 2019, Do was convicted by a federal jury in Portland on two counts of unlawful use of a weapon.
This case was investigated by the FBI and the Warm Springs Tribal Police Department and prosecuted by Paul T. Maloney and Lewis S. Burkhart, Assistant U.S. Attorneys for the District of Oregon.
On March 3, 1994, the FBI initiated “Operation Safe Trails” with the Navajo Department of Law Enforcement in Flagstaff, Arizona. The operation, which would later evolve into the Safe Trails Task Force (STTF) Program, unites FBI and other federal, state, local, and tribal law enforcement agencies in a collaborative effort to combat the growth of crime in Indian Country. STTFs allow participating agencies to combine limited resources and increase investigative coordination in Indian Country to target violent crime, drugs, gangs, and gaming violations.
LaVergne Man Sentenced to 15 Years in Federal PrisonRead the Press Release
NASHVILLE, Tenn. – June 10, 2019 – Jimmy Johnson, Jr., 45, of LaVergne, Tennessee, was sentenced Friday in U.S. District Court to 15 years in federal prison for being a convicted felon in possession of a firearm and possession with intent to distribute cocaine, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Johnson was indicted in March 2018 and pleaded guilty in February.
According to court documents, in February 2018, local, state and federal law enforcement agencies were conducting an investigation and executed a search warrant at Johnson’s home in Antioch, Tennessee. During the search, agents recovered 940 grams of cocaine and also recovered marijuana and crack cocaine. Agents also recovered evidence consistent with powder cocaine recently being cooked into crack cocaine. Two loaded semi-automatic handguns, a .40 caliber Smith & Wesson and a 9mm Sig Sauer, were also found during the search.
Johnson’s criminal history included prior convictions for possession with intent to sell cocaine; being a convicted felon in possession of a firearm; and aggravated assault. U.S. District Judge William L. Campbell, Jr., found that Johnson qualified as an Armed Career Criminal and subject to sentence enhancement.
The Bureau of Alcohol, Tobacco, Firearms & Explosives; the Tennessee Bureau of Investigation; the Metropolitan Nashville Police Department; and the Rutherford County Sheriff’s Office investigated this case. Assistant U.S. Attorney Joseph P. Montminy prosecuted the case.
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Kelley's Island man indicted for child pornography offensesRead the Press Release
A Kelley's Island man was indicted in federal court on child pornography charges.
James William Campbell, 47, was charged with one count of possession of child pornography and one count of promoting and distributing obscene or sexually explicit material of minors.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, 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 investigating agency in this case is the U.S. Secret Service. The case is being handled by Assistant U.S. Attorneys Tracey Ballard Tangeman and Ashley A. Futrell.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Justice Department Reaches Settlement Agreement with York County, South Carolina, to End Hiring Practices that Discriminate Against Applicants with DisabilitiesRead the Press Release
The Department of Justice today announced that it reached a settlement agreement with York County, South Carolina, under the Americans with Disabilities Act (ADA). The agreement resolves the Department’s lawsuit alleging that the county discriminated against an applicant on the basis of his disability, dwarfism, when he sought to apply for a Purchasing Manager position. The complaint alleges that York County required applicants for the Purchasing Manager position to possess a driver’s license even though having a driver’s license is not essential to performing the job functions of the position. By requiring a driver’s license, the county unfairly screened out the applicant, who because of his disability does not possess a driver’s license, but who was otherwise qualified for the position. Additionally, the complaint alleges that York County failed to provide the applicant with a reasonable accommodation, such as waiving the driver’s license requirement, that would have allowed him to participate in the application process.
The settlement agreement requires York County to revise its policies to ensure compliance with the ADA, designate an ADA Coordinator, ensure that its job listings list only essential job functions as mandatory requirements, train relevant employees on the ADA, and report to the Department of Justice on implementation of the agreement. York County will also pay the applicant $20,000 in compensatory damages. This matter was based on a referral from the Equal Employment Opportunity Commission’s Charlotte District Office, which conducted a thorough investigation of the facts.
“Unnecessary barriers in the hiring process can lead to discrimination against individuals with disabilities who are seeking employment,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division is committed to fighting for equal opportunity in job competition and applauds York County for agreeing to eliminate extraneous job requirements that may limit their pool of potential employees.”
“People with disabilities deserve the opportunity to compete for jobs on a level playing field,” said U.S. Attorney Sherri A. Lydon. “This settlement agreement ensures that people with disabilities will have an equal chance to compete for public sector jobs. We commend York County for its cooperation and efforts to ensure accessibility and fairness in the job application process.”
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
The settlement agreement can be found here.
Jacksonville Armed Career Criminal Sentenced to More Than 18 Years for Illegally Possessing FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Todd Levant Asbey Sr. (48, Jacksonville) for possessing a firearm as a convicted felon. Asbey, who was on federal supervised release at the time of the offense, received sentences of 15 years and 8 months in federal prison for illegally possessing the firearm and 2 years 6 months’ imprisonment (to be served consecutively) for violating the terms and conditions of his supervised release. Asbey had pleaded guilty on March 5, 2019.
According to the plea agreement and evidence presented at the sentencing hearing, on March 11, 2018, Asbey entered a Waffle House restaurant in Jacksonville carrying a 9 mm pistol, in search of an individual whom he believed had stolen his cellphone. After accosting a customer and striking him in the head, Asbey went out into the restaurant parking lot and discharged the pistol toward the customer and another individual, missing both. Patrol officers from the Jacksonville Sheriff’s Office responded pursuant to 911 calls and arrested Asbey as he was leaving the scene in a vehicle being driven by a friend. In the vehicle, officers found the pistol Asbey had fired and two other firearms. The officers also located a cartridge case in the Waffle House parking lot that matched the pistol fired by Asbey. At the time, Asbey had multiple prior felony convictions, including a conviction for robbery and three convictions for possession of narcotics with intent to distribute, and was therefore prohibited under federal law from possessing a firearm.
This case was investigated by the Jacksonville Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney David B. Mesrobian.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Independence Woman Who Purchased Gun Used in Fatal Shooting Pleads GuiltyRead the Press Release
KANSAS CITY, Mo. – An Independence, Mo., woman who purchased the firearm used by a 14-year-old in a fatal shooting has pleaded guilty in federal court to charges related to drug trafficking.
Rebecca McCrorey, 39, pleaded guilty before U.S. chief District Judge Beth Phillips on Friday, June 7, to maintaining a drug-involved premises.
Independence police officers were dispatched to McCrorey’s residence on July 7, 2018, in regard to a shooting. Officers found the deceased adult victim in the living room. A 14-year-old has been charged in Jackson County Circuit Court in relation to the fatal shooting. According to court documents, McCrorey had recently purchased two Taurus 9mm handguns. The 14-year-old suspect allegedly used one of those firearms in the fatal shooting.
Officers searched the residence and found a bag containing 63.85 grams of methamphetamine in McCrorey’s bedroom. By pleading guilty, McCrorey admitted that she unlawfully and knowingly used her residence for the purpose of using and storing methamphetamine from March 1 to July 7, 2018.
Under federal statutes, McCrorey is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the Independence, Mo., Police Department.
Illegal Radio Station Broadcasting in Worcester Agrees to SettlementRead the Press Release
BOSTON – The U.S. Attorney’s Office has reached a settlement with Vasco Oburoni and Christian Praise International Church regarding a radio station in Worcester that has been operating without a license from the Federal Communications Commission (FCC).
According to a consent decree filed today and subject to Court approval, Vasco Oburoni and Christian Praise International Church agree not to operate an unlicensed radio station in violation of the Communications Act of 1934. They also agree to surrender all of their broadcasting equipment. In the event the FCC reasonably suspects that they have violated the Act, the FCC may inspect the premises and seize any broadcasting equipment. Finally, if the FCC determines that the defendants have operated an unlicensed broadcasting station in violation of the settlement, the defendants must pay a $75,000 fine.
According to the signed consent decree, Vasco Oburoni and Christian Praise International Church admitted that they operated a radio broadcast station in Worcester, on frequency 97.1 MHz, without a license from the FCC, and previously operated an unlicensed radio station on frequency 102.3 MHz. The FCC issued multiple warnings to the illegal operators and issued a forfeiture order in the amount of $15,000 against Oburoni for repeated violation of the Communications Act of 1934. Oburoni agreed to a payment plan, but later began broadcasting again without a license on a different frequency. The FCC received complaints, including from a licensed broadcaster that the unlicensed station was interfering with radio signals.
The Communications Act of 1934 prohibits the operation of radio broadcasting equipment above certain low-intensity thresholds without a license issued by the FCC. The Act authorizes the Department of Justice, at the request of the FCC, to seek an injunction ordering compliance with the Communications Act against operators broadcasting without an FCC license. The number of available radio frequencies is limited, and unlicensed broadcasting can interfere with the broadcasting of legitimate licensed radio stations, potentially causing chaos in the radio spectrum.
United States Attorney Andrew E. Lelling and Rosemary Harold, Chief of the FCC’s Enforcement Bureau made the announcement today. Assistant U.S. Attorney Carol E. Head of Lelling’s Asset Recovery Unit is handling the matter.
Hammond Man Sentenced to 15 Years for Being Felon in Possession of a Firearm Charge and Armed Career CriminalRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that on Wednesday, June 5, 2019, United States District Court Judge, Jane Triche Milazzo, sentenced ALFRED MONTGOMERY, age 29, of Hammond, to 15 years of imprisonment for violating the federal law of being a felon in possession of a firearm. MONTGOMERY received a sentence of 5 years after pleading guilty to distribution of marijuana. The sentences, which will run concurrently, will be served in the custody of the United States Bureau of Prisons. MONTGOMERY’s 15 year sentence, imposed for two separate counts of felon in possession of a firearm, are mandatory minimum sentences imposed under the federal Armed Career Criminal Act. The Act enhances the sentence of individuals who have been previously convicted of certain crimes of violence. MONTGOMERY was previously convicted of seven counts of simple burglary of an inhabited dwelling in Tangipahoa Parish.
MONTGOMERY’s case has been designated as a Project Safe Neighborhoods (PSN) case. 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.
U.S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hammond Police Department in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
Greene County Man Sentenced to over 11 Years in Prison for Methamphetamine TraffickingRead the Press Release
Gulfport, Miss. – Leondus Garrett a/k/a Benjamin Cash, 31, of McLain, Mississippi, was sentenced today by U.S. District Judge Sul Ozerden to 136 months in prison, followed by three years of supervised release, for possession with intent to distribute methamphetamine, announced U. S. Attorney Mike Hurst and Special Agent in Charge Brad L. Byerley with the Drug Enforcement Administration. Garrett was also ordered to pay a $5,000 fine.
Beginning in June 2017, the Mississippi Bureau of Narcotics utilized a confidential informant to buy methamphetamine from Garrett on two separate occasions. On March 8, 2019, Garrett pled guilty to a Criminal Information charging him with possession with intent to distribute methamphetamine.
The Mississippi Bureau of Narcotics and the Drug Enforcement Administration investigated the case. It was prosecuted by Assistant United States Attorney John Meynardie.
Four Sentenced to Prison for Federal Drug OffensesRead the Press Release
HUNTINGTON, W.Va. – Four drug dealers were sentenced to prison today, announced United States Attorney Mike Stuart. United States District Judge Robert C. Chambers imposed the sentences.
“The message is clear – we don’t want drug dealers in our communities,” said United States Attorney Mike Stuart. “Cocaine. Fentanyl. Methamphetamine. Heroin. And for peddling their poisons in and around Huntington, these drug dealers received prison sentences ranging from 34 to 87 months in federal prison.”
Elizabeth Powers, 29, of Barboursville, was sentenced to 87 months in prison for possessing with intent to distribute 500 grams or more of cocaine. Powers previously admitted that on June 14, 2018, she was pulled over on I-64 in Wayne County. Officers found a black bag in her vehicle that contained one kilogram of cocaine. She told officers she intended to sell the cocaine for money. The Kenova Police Department conducted the investigation.
Brandon Scott Kidd, 39, of Huntington, was sentenced to 60 months in prison for selling fentanyl and methamphetamine. Kidd previously pled guilty to distributing fentanyl and methamphetamine in federal court in Huntington. On July 16, 2018, an informant working at the direction of the Sheriff’s Department went to Kidd’s residence located at 831 15th Street in Huntington to purchase fentanyl. Insider the residence, Kidd sold the informant fentanyl in exchange for $220. Kidd then offered to sell, and sold, the informant methamphetamine in addition to the fentanyl. Later that day, deputies executed a search warrant at Kidd’s residence. During the search, deputies recovered approximately 12 grams of fentanyl and approximately 48 grams of methamphetamine. As part of his plea agreement, Kidd admitted that he distributed fentanyl, heroin, and methamphetamine in Huntington between July of 2017 and July of 2018. Kidd further admitted that he allowed others to stay in his residence for the purchase of storing and selling drugs. The FBI Drug Task Force and the Cabell County Sheriff’s Department conducted the investigation.
Oshae Hamilton, 25, of Huntington was sentenced to 39 months in prison for possession with intent to distribute heroin. Hamilton previously admitted that on June 27, 2018, West Virginia Parole Services and members of the Huntington Police Department located approximately 60 grams of heroin in his residence. He admitted to officers that he intended to sell the heroin.
Curtis Traylor, also known as “Gurt”, 51, of Huntington, was sentenced today to 34 months for distributing heroin in Huntington, West Virginia. Traylor previously admitted that on October 12, 2017, he met a confidential informant and drove to the Family Dollar in Huntington. He gave the informant six grams of heroin in exchange for $400.
The Huntington Police Department conducted the investigations of Hamilton and Traylor.
Assistant United States Attorney Stephanie S. Taylor handled the prosecutions of Powers, Hamilton and Traylor. Assistant United States Attorney Joseph F. Adams handled the prosecution of Kidd.
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###Former pro baseball player sentenced to federal prison in Operation Vanilla GorillaRead the Press Release
SAVANNAH, GA: A former professional baseball player has been sentenced to nearly five years in federal prison for his role in a drug trafficking network dismantled in Operation Vanilla Gorilla.
Darren J. Driggers, also known as “DJ” and “eBay,” 26, of Bloomingdale, Ga., was sentenced to 57 months in prison by U.S. District Judge R. Stan Baker for Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances and for possession of a firearm by a convicted felon, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
At the completion of his incarceration, Driggers will be on supervised release for three years. There is no parole in the federal system. Because he was on probation when he committed his offense, his federal sentence will be served consecutively to his sentence for violating probation.
In November 2018, a federal grand jury indicted Driggers and 42 other defendants as part of Operation Vanilla Gorilla, an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation into a drug trafficking organization associated with the Ghost Face Gangsters, a violent criminal street gang. Of the 43 defendants, 41 have been convicted of federal charges in this multi-district case.
According to information presented in court filings and testimony, Driggers and other conspirators, including associates of the Ghost Face Gangsters, distributed crystal methamphetamine throughout southern Georgia. Driggers, a convicted felon, also possessed and sold stolen firearms to conspirators to assist the drug trafficking organization by promoting a climate of fear. During the investigation, Driggers bragged to federal agents that he was nicknamed “eBay” because he sold stolen goods via social media platforms.
Prior to his criminal activity, Driggers was selected in June 2012 in the 22nd round of the Major League Baseball draft by the Detroit Tigers. The following year he received a 50-game suspension after failing a drug test, and in January 2014 he was released from the MLB after positive drug screens. Driggers explained to the United States Probation Office that “I decided I liked meth better than baseball.”
“DJ Driggers was a gifted athlete who did what thousands of hard-working athletes can only dream about: He was chosen to play professional sports,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Instead, he fouled out of his once-promising career by abusing illegal drugs, squandering a truly major-league opportunity and will now spend half a decade in prison for gun and drug charges.”
“This is yet another example of the law enforcement community working together to make our streets and communities a safer place to live, said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Dismantling these violent drug trafficking networks continues to be a priority for ATF and our law enforcement partners.”
“Methamphetamine continues to dominate the country as the most abused illicit drug,” said Jamie Jones, Special Agent in Charge of the Savannah Office of the Georgia Bureau of Investigation (GBI). “Driggers is just one of many victims whose lives have been destroyed because of meth. However, Driggers made the decision to become a distributor of this poison, which in turn affected countless others. This was his downfall, as distributors become targets of law enforcement and go to prison or in some cases end up dead in the street. Fortunately for Driggers, he goes to prison and not the graveyard.”
Operation Vanilla Gorilla was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations. The case was investigated by the ATF, the Drug Enforcement Administration (DEA), the GBI, the Chatham County Narcotics Team (CNT), the Georgia Department of Corrections Intelligence Division, the Savannah Police Department, the Chatham County Sheriff’s Office, the Bryan County Sheriff’s Office, the Richmond Hill Police Department, the Pooler Police Department, the Effingham County Sheriff’s Office and the Bloomingdale Police Department, with assistance from the U.S. Marshals Service.
This case was prosecuted by Assistant United States Attorneys E. Greg Gilluly Jr. and Frank Pennington.
Former Urbandale Man Sentenced to Prison for Possession of Child PornographyRead the Press Release
DES MOINES, IA – United States Attorney Marc Krickbaum announced on June 5, 2019, Kacey Alyn Duall Bruse, age 23, was sentenced by United States District Judge Rebecca Goodgame Ebinger for Possession of Child Pornography. Bruse was sentenced to 70 months in prison to be followed by a term of supervised release of six years. Bruse was ordered to pay $3,000 to each victim seeking restitution.
The investigation began in June 2017, when an undercover Urbandale Police Officer downloaded images of child pornography from an IP address, later identified as being used by Bruse. Bruse was making the files available for download via a peer-to-peer file sharing program. Later in June 2017, police executed a search warrant at Bruse’s Urbandale residence. Police seized computer equipment belonging to Bruse that stored depictions of child pornography. The investigation showed Bruse downloaded child pornography from the internet from about March 13, 2014 to June 21, 2017.
This case was investigated by the Urbandale Police Department, Federal Bureau of Investigation Child Exploitation Task Force, and Iowa Division of Criminal Investigation’s Internet Crimes Against Children Task Force. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Former Owners of T-Mobile Retail Store Arrested on Federal Charges Alleging $25 Million Scheme to Illicitly Unlock Cell PhonesRead the Press Release
LOS ANGELES – Two men who formerly owned a T-Mobile retail store in Eagle Rock were arrested this morning on federal charges that allege a scheme to use stolen T-Mobile employee credentials to illegally infiltrate the mobile phone company’s internal computer systems to “unlock” cell phones so they could be used on any carrier’s network. The defendants were arrested pursuant to a 21-count grand jury indictment outlining the scheme that investigators believe earned the two men more than $25 million.
Argishti Khudaverdyan, 41, of Burbank, and Alen Gharehbagloo, 40, of La Cañada Flintridge, are charged with multiple felonies, including conspiracy to commit wire fraud, wire fraud, bank fraud, computer fraud and money laundering. The indictment also seeks the forfeiture of more than $2.25 million seized from several bank accounts and residential properties allegedly purchased with ill-gotten gains.
Khudaverdyan and Gharehbagloo are expected to be arraigned on the indictment this afternoon in United States District Court in downtown Los Angeles.
According to the indictment, for the first six months of 2017, Khudaverdyan and Gharehbagloo were co-owners of Top Tier Solutions, Inc., a T-Mobile premium retail store in the Eagle Rock Plaza in Northeastern Los Angeles. During this time, most cellular phone companies – including T-Mobile – “locked” their customers’ phones so they could be used only on the company’s network until the customers’ phone-purchase and service contracts had been fulfilled. If customers wanted to switch to a different carrier, their phones had to be “unlocked.”
Khudaverdyan and Gharehbagloo allegedly conspired to fraudulently unlock T-Mobile phones, which would allow T-Mobile customers to stop using T-Mobile’s services and thereby deprive T-Mobile of revenue generated from customers’ service contracts and equipment installment plans. The defendants also allegedly conspired to “whitelist” or “clean” phones that had been reported lost or stolen so they could be activated again.
Between August 2014 and January 2019, Khudaverdyan and Gharehbagloo allegedly advertised their unlocking services through brokers, email solicitations and websites such as unlocks247.com. The defendants falsely claimed they provided “official” T-Mobile unlocks.
In order to gain unauthorized access to T-Mobile’s protected internal computers, Khudaverdyan obtained T-Mobile employees’ credentials through various means, including phishing emails that appeared to be legitimate T-Mobile correspondence. The fraudulent emails were used by Khudaverdyan to deceive T-Mobile employees to log in with their employee credentials so that Khudaverdyan could harvest the employees’ information and fraudulently unlock the phones, according to the indictment. Khudaverdyan and Gharehbagloo, assisted by a co-conspirator, allegedly used the Wi-Fi access points inside T-Mobile Stores to log onto the company’s internal network using compromised employee credentials.
Investigators have determined that Khudaverdyan and Gharehbagloo obtained more than $25 million for these illicit activities. They allegedly used these illegal proceeds to pay for, among other things, real properties in Burbank, Northridge and La Cañada Flintridge.
The indictment in this case was returned by a federal grand jury on June 6 and unsealed today.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If Khudaverdyan is convicted of all 17 counts in which he is charged, he would face a statutory maximum of 237 years in federal prison. If convicted of all 15 counts with which he is charged, Gharehbagloo would face a statutory maximum of 235 years in federal prison.
This matter is being investigated by the United States Secret Service Electronic Crimes Task Force (ECTF) in Los Angeles and IRS Criminal Investigation’s Western Area Cyber Crime Unit. The ECTF includes representatives of the Secret Service, the Federal Bureau of Investigation, the Los Angeles Police Department, the Los Angeles District Attorney’s Office, and the California Highway Patrol.
This case is being prosecuted by Assistant United States Attorney Jennie L. Wang of the Cyber and Intellectual Property Crimes Section and Special Assistant United States Attorney Ryan Waters of the Asset Forfeiture Section.
Former Investment Bank Employee Sentenced for Insider Trading SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that WOOJAE JUNG, a/k/a “Steve Jung,” was sentenced in Manhattan federal court by U.S. District Judge Lewis A. Kaplan to three months in prison for insider trading.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Woojae Jung used material nonpublic information stolen from his investment bank employer to net nearly $130,000 in illegal gains. His conviction and sentence signal that those who aim to profit by stealing confidential information from their employers and clients will be held accountable. Our Office will continue to fight insider trading to protect the integrity of the marketplace.”
According to the Indictment, the allegations in the Complaint, and statements made during the proceedings in Manhattan federal court:
WOOJAE JUNG, a/k/a “Steve Jung,” worked at an investment bank (the “Investment Bank”) that provided, among other services, financing and consulting to clients in connection with mergers, acquisitions, and corporate restructurings. The Investment Bank has offices around the world, including in New York, New York, and San Francisco, California. JUNG was a vice president. In his role as a vice president at the Investment Bank, JUNG had access to, among other materials, electronic files maintained on the Investment Bank’s computer server, including files containing material nonpublic information (“MNPI”) relating to various clients.
JUNG used his position at the Investment Bank to obtain MNPI about a number of the Investment Bank’s clients and then, in multiple instances, JUNG used that MNPI to execute profitable securities trades. In an effort to conceal this illicit trading, JUNG conducted these illegal trades through a brokerage account held in the name of another person (the “Brokerage Account”). In contravention of his employer’s rules about outside investment accounts, including that such accounts be disclosed to the Investment Bank, JUNG secretly accessed, used, and traded in the Brokerage Account repeatedly between in or about 2015 and in or about 2017, including on hundreds of occasions when the account was accessed through IP addresses subscribed in JUNG’s name.
Over the course of the scheme JUNG traded in the securities of at least 10 companies based on MNPI and made more than approximately $130,000.
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In addition to the prison sentence, Judge Kaplan sentenced JUNG, 38, of San Francisco, California, to two years of supervised release and ordered him to pay a $30,000 fine and to forfeit $130,000.
Mr. Berman praised the outstanding work of the Federal Bureau of Investigation. He also thanked the Securities and Exchange Commission, which previously filed civil charges against JUNG in a separate action.
The prosecution of this case is being overseen by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Andrew Thomas is in charge of the case.
Former Director of a Law Enforcement Association Pleads Guilty to Stealing FundsRead the Press Release
St. Louis, MO – Paul Kesterson, 48, of Washington, MO, was employed as a Lieutenant with the Washington, Missouri Police Department, pled guilty to a one count Information – Access Device Fraud. Kesterson appeared before U.S. District Judge Webber today who accepted his plea and set his sentencing for September 10, 2019.
According to his plea agreement, between February 1, 2018 and April 2019, Kesterson served as the Director of the St. Louis Area Law Enforcement Exploring Association (STLEEA) and as a Lieutenant with the Washington, Missouri Police Department. As the Director of STLEEA, Kesterson handled all of the finances and managed the Explorer Academy training. He was issued a credit and debit card so he could draw upon funds of the STEELA checking account for the benefit of the organization. After the Assistant Director received a phone call from U.S. Bank regarding a late credit card payment, an investigation was conducted regarding Kesterson’s use of the STLEEA account, as well as a Washington Police Department bank account controlled by Kesterson on behalf of STLEEA. Financial records revealed that Kesterson had been using the credit/debit card to make personal purchases. The total loss to obtain goods and services totaled over $29,000. During the instant investigation regarding the STLEEA U.S. Bank account activity from 2018 to April 2019, no other members of the Washington Police Department or any other law enforcement agencies were found to be involved in Kesterson’s criminal activity.
Kesterson faces not more than 15 years, fine of not more than $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the U.S. Secret Service, Washington Police Department and O’Fallon, Missouri Police Department.
Former Colorado Springs Sheriff’s Deputy Sentenced to Nine Years in Prison for Receiving and Possessing Child PornographyRead the Press Release
Donald Glenn Beasley (“Beasley”), 56, of Key Largo, was sentenced today by U.S. District Court Judge K. Michael Moore to 108 months in prison and 20 years of supervised release for receiving and possessing child pornography in connection with internet downloads Beasley made of child pornography.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, made the announcement.
Beasley, a former sheriff’s deputy in Colorado Springs, Colorado, had been downloading child pornography on a peer-to-peer network and utilizing a state of the art encryption when he became known to FBI special agents. According to the stipulated facts filed in court, on September 20, 2018, a search warrant was executed at Beasley’s residence located at 95500 Overseas Highway in Key Largo, Florida. Pursuant to the search warrant, law enforcement searched a Starcraft trailer, which records checks revealed was registered to Beasley.
After a search of the Starcraft trailer, law enforcement seized various electronic items, including Beasley’s laptop and 3 external hard drives. The forensic examination of the items revealed multiple videos and numerous images of child pornography, many involving minor children under the age of 12. On February 11, 2019, Beasley pled guilty to the receipt and possession of child pornography.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI in this matter. She thanked the National Center for Missing and Exploited Children for their assistance. This case was prosecuted by Assistant U.S. Attorney Alejandra L. López.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Bucks County Judge Sentenced to 6 ½ Years in Prison for Public CorruptionRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that John Waltman, 61, of Trevose, Pennsylvania was sentenced to 78 months’ incarceration by Judge Gene E.K. Pratter. In January 2019, the defendant pleaded guilty to conspiracy to commit money laundering and Hobbs Act Extortion Under Color of Official Right.
From 2011 to December 2016, Waltman served as a Magisterial District Judge in Bucks County, Pennsylvania. Together with his co-defendants who will both be sentenced later this week, Bernard Rafferty and Robert Hoopes, Waltman participated in a scheme to extort bribes and kickbacks from Bucks County businessmen. They also conspired to launder money for individuals they believed were engaged in narcotics trafficking and health care fraud.
For example, in November 2016, Waltman, Hoopes, and Rafferty accepted a bribe of $1,000, as well as the promise of other fees, in exchange for Waltman, Hoopes, and Rafferty to use their positions as public officials to “fix” a traffic case before Waltman in Bucks County Magisterial District Court.
In addition, from June 2015 to November 2016, Waltman, Hoopes, and Rafferty conspired to launder funds represented to be proceeds from health care fraud, illegal drug trafficking, and bank fraud. From June 2016 to August 2016, Waltman, Hoopes, and Rafferty laundered $400,000 in cash, represented to be proceeds from health care fraud and illegal drug trafficking, and took money laundering fees totaling $80,000 in cash.
“The laws of the land apply to everyone – especially to public officials who hold office to serve the public good,” said U.S. Attorney McSwain. “When public servants choose to flout the rule of law, they disgrace themselves and the offices they hold. Every public official should be on notice after today’s sentence: federal law enforcement is watching and we will hold you accountable if you make the wrong choices.”
“A crooked judge trading on his position of trust is beyond disheartening,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “It's offensive. At every level, the justice system must operate in a fair and impartial manner. This is exactly the sort of case that deepens the public's distrust of elected officials and government, which is why the FBI takes public corruption so seriously.”
“It is unacceptable for anyone, let alone an elected public official, to engage in such conduct,” said IRS-Criminal Investigation Special Agent in Charge Guy Ficco. “John Waltman betrayed the public’s trust when he accepted bribes in exchange for official acts. The sentence he received shows that there is no tolerance for such criminal behavior.”
“Today’s sentencing reflects Homeland Security Investigations’ commitment to, and focus on, the investigation of financial crimes,” said Marlon V. Miller, Special Agent in Charge of HSI Philadelphia. “By using his official position for his personal gain, Mr. Waltman violated the trust placed in him by the public. HSI and our law enforcement partners will continue to vigorously investigate those who conspire to knowingly launder illicit funds derived from criminal activities.”
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigations, Homeland Security Investigations, and the Pennsylvania State Police. It is being prosecuted by Assistant United States Attorneys Louis Lappen and Richard Barrett.
Former Aequitas Owner and Chief Financial Officer Pleads Guilty in Fraud and Money Laundering ConspiracyRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that Olaf Janke, a former owner and chief financial officer of Aequitas Management, LLC and several other Aequitas-owned entities, has pleaded guilty to conspiring to commit mail and wire fraud and money laundering.
According to court documents, Janke, 48, of Portland, Oregon, along with Brian A. Oliver, 54, of Aurora, Oregon and other unnamed co-conspirators, used the Lake Oswego, Oregon, company to solicit investments in a variety of notes and funds, many of which were purportedly backed by trade receivables in education, health care, transportation, and other consumer credit areas. Janke was the company’s chief financial officer and executive vice president until early 2015 and shared responsibility for the operation and management of Aequitas-affiliated companies and investment products as well as for the use of investor money.
From June 2014 through February 2016, Janke, Oliver and others solicited investors by misrepresenting the company’s use of investor money, the financial health and strength of Aequitas and its related companies, and the risks associated with its investments and investment strategies. Janke and his co-conspirators also failed to disclose other critical facts about the company, including its near-constant liquidity and cash-flow crises, the use of investor money to repay other investors and to defray operating expenses, and the lack of collateral to secure funds.
In March 2015, Janke ended his employment with the Aequitas companies and cashed out his equity in Aequitas Management. From January 2015 through June 2015, he received more than $1.3 million for his equity, knowing that it was paid with fraudulently obtained investor money.
Janke faces a maximum sentence of 30 years in prison, fines of $500,000 or twice the gross monetary gains or losses resulting from his crimes, and three years’ supervised release. He will be sentenced on September 25, 2019 before U.S. District Court Judge Michael H. Simon.
As part of the plea agreement, Janke has agreed to pay restitution in full to each of the victims as determined and ordered by the court.
Co-conspirator Oliver pleaded guilty to the same charges on April 19, 2019.
This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. Attorneys for the District of Oregon.
Florissant Woman Indicted for Social Security Disability and Wire FraudRead the Press Release
St. Louis, MO – Tayon Hutchins Fowler, 41, of Florissant, was indicted on Thursday with two counts of wire fraud and two counts of making false statements about being disabled to the Social Security Administration (“SSA”). Fowler surrendered this morning to U.S. Marshals.
The indictment alleges that Fowler submitted an application for disability payments to SSA in 2012, claiming to be depressed and unable to work. After Fowler began receiving periodic disability payments from SSA, she started a home health care business and received more than $100,000 per year from this business during 2014, 2015, 2016, and 2017. In July 2017, Fowler sold the home health care business. In March 2018 and again in September 2018, Fowler made two false statements to SSA about not working and not receiving any income since December 2016.
Further, in December 2017, Fowler bought a luxury automobile from a local dealership. To obtain financing, Fowler made false representations to the dealership, falsely claiming that she still owned the home health care business and further was still receiving income from that business. These false representations are charged in Counts Three and Four of the Indictment as wire fraud.
If Fowler is convicted, the false statement charges have a maximum penalty of 5 years in prison and a $250,000 fine, while the wire fraud charges have a maximum penalty of 20 years in prison and a $250,000 fine. Restitution to the victims is also mandatory. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The Federal Bureau of Investigation and the Office of Inspector General for the Social Security Administration is investigating this case, with assistance from the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office.
Federal Jury Convicts Defendants of Attempted Enticement of Children to Engage in ProstitutionRead the Press Release
SAN DIEGO – Today, a federal jury convicted Defendants Conoly Freddie Franklin and Andre Anthony Franklin of attempted enticement of minors to engage in prostitution, in violation of 18 U.S.C. § 2422(b). Defendant Conoly Franklin was also convicted of attempted enticement of an adult to engage in prostitution, in violation of 18 U.S.C. § 2422(a).
The evidence at trial established that between August 22, 2018, and August 31, 2018, Conoly Franklin communicated with an undercover officer with the San Diego County Sheriffs’ Department who was working with the San Diego Human Trafficking Task Force. Believed that the officer was a young woman with a teenage sister, over the course of nine days, Conoly Franklin attempted to recruit the officer’s undercover persona and her 16-year old sister to work as prostitutes for him in Reno, Nevada. On August 30, 2018, Conoly Franklin advised he had obtained a vehicle in order to pick up both girls, was bringing his “boy,” and was beginning his trip to the San Diego area location provided by the undercover officer. Conoly Franklin arrived the following morning, along with his son, Andre Anthony Franklin, at which point San Diego Human Trafficking Task Force officers arrested both defendants. Following the Defendants’ arrest, Task Force Officers learned that throughout the trip, Andre Franklin was communicating with someone he believed to be another 16-year old girl, in Napa, California, but who was actually an undercover deputy with the Napa County Special Investigations Bureau. Andre Franklin told the deputy that he would be picking her up and taking her back to Reno to work for him as a prostitute, after he and his father picked up the sisters in San Diego.
The evidence at trial included a text message between Andre Franklin and “Pops,” from Tuesday, August 28, 2018, in which “Pops” asks Andre, “Wanna rock with me to San Diego, got 2 on deck.” Evidence also showed that the undercover deputy in Napa, California told Andre Franklin that she was 16-years-old. Undeterred, Andre Franklin continued to discuss performing commercial sex acts and the price that she would need to pay to work for him.
“The cavalier sex trafficking of children triggers traumas that can affect victims for decades,” said U.S. Attorney Robert S. Brewer, Jr. “Thanks to the efforts of dedicated officers with the San Diego Human Trafficking Task Force and Napa County Special Investigations Bureau and Assistant U.S. Attorneys Katie McGrath, Eric Roscoe, and Mark Conover, these defendants’ devious plans were thwarted in their tracks.”
Sentencing is set for September 9, 2019 before Federal District Court Judge William Hayes.
DEFENDANTS Case Number: 18-CR-4187-WQH
Conoly Freddie Franklin
Andre Anthony Franklin
SUMMARY OF CHARGES
Attempted enticement of an adult (Conoly Franklin) 18 U.S.C. § 2422(a)
Penalty: A maximum of 20 years in prison; a maximum of $250,000, up to five years of supervised release.
Attempted enticement of a minor (both Defendants) 18 U.S.C. § 2422(b)
Penalty: A mandatory minimum of ten years and a maximum of life in prison; a maximum of $250,000, at least five years of supervised release and up to life.
INVESTIGATING AGENCIES
San Diego County Sheriffs’ Department
Federal Bureau of Investigation
San Diego Human Trafficking Task Force
Napa County Special Investigations Bureau
Federal Inmate Pleads Guilty to Weapon ChargeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a federal inmate pled guilty to a weapon charge. Joshua Allen, 29, pled guilty to being an inmate in possession of a weapon, admitting that on December 7, 2018, while he was an inmate at the Federal Correctional Institution at Beckley, he possessed a handcrafted weapon known as a “shank.” He admitted that a staff member at the prison recovered the weapon after he tried to discard it. Allen faces up to five years in prison, consecutive to the sentence he is now serving, when he is sentenced on October 2, 2019.
The case was investigated by the Federal Bureau of Prisons and is being prosecuted by Assistant United States Attorney John File. United States District Judge Irene C. Berger presided at the plea hearing.
Erie Felon Lied on Firearms Purchase and Passport Applications FormsRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal firearms laws and making a false statement in an application for a United States passport, United States Attorney Scott W. Brady announced today.
Amaad Maliek Ali, 48, pleaded guilty to two counts before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea on the gun charge, the court was advised that on or about April 7, 2018, Ali falsified his application for the purchase of a firearm and lied about his prior felony convictions. A National Instant Criminal Background Check was made and Ali was rejected for the firearm purchase because of his prior criminal record.
In connection with the guilty plea on the false statement charge, the court was advised that on or about April 18, 2017, Ali made a false statement on a United States passport application by stating that his social security number was 000-00-0000.
Judge Baxter scheduled sentencing for September 26, 2019 at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of State’s Diplomatic Security Service (DSS), the Pennsylvania State Police and the Erie Police Department conducted the investigations that led to the prosecution of Ali.
This case was brought as part of Project Safe Neighborhood (PSN), the centerpiece of the Department of Justice’s violent crime reductions 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 prevent and reentry programs for lasting reductions in crime.
Elkhart, Indiana Man Sentenced to 120 Months in PrisonRead the Press Release
SOUTH BEND – Steven Perry, age 55, of Elkhart, Indiana, was sentenced before United States District Court Judge Robert L. Miller, Jr. upon his plea of guilty to possession of child pornography, announced U.S. Attorney Kirsch.
Perry was sentenced to 120 months in prison followed by 5 years of supervised release.
According to documents in this case, in December 2018, Perry, who has a prior 2004 federal conviction for receipt and possession of child pornography, was in possession of child pornography that was being shared on a social networking site.
This case was investigated by FBI with assistance from the St. Joseph County High Tech Crimes Task Force. The case was handled by Assistant U.S. Attorney John Maciejczyk.
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Deputy U.S. Marshal Impersonator Pleads Guilty to Federal ChargesRead the Press Release
NASHVILLE, Tenn. – June 10, 2019 – Tooraj Sohrabi Sedeh, 50, of Franklin, Tennessee, pleaded guilty Friday to three counts of impersonating a Deputy U.S. Marshal and making a false statement, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
On November 21, 2018, a Deputy U.S. Marshal was at the Home Depot on Powell Avenue, in Nashville, when he observed Sedeh walking out of the store wearing a shirt with U.S. Marshals Service (USMS) markings, including embroidered markings, patches and collar insignia. Sedeh was also observed to have a badge holder on a neck chain with a USMS patch attached to it and was wearing a holstered firearm and handcuffs on his hip.
The Deputy Marshal followed Sedeh from the store and asked him if he worked for the U.S. Marshals Service. Sedeh answered yes and stated he was assigned to the Nashville office. Sedeh was asked to produce his credentials and stated that he did not have them. The Deputy U.S. Marshal then identified himself and upon further inquiry, Sedeh stated he worked for the Williamson County Sheriff’s Department and was also a “freelance” bail bondsman and had worked for Grumpy’s Bail bonds. These claims were found to be false and Sedeh had no affiliation with these agencies or the USMS. The Deputy U.S. Marshal also observed Sedeh’s vehicle to have a law enforcement association sticker on it and shirts hanging inside with law enforcement insignias as well as ballistic vest carriers with U.S. Marshal insignias attached.
On November 28, 2018, the U.S. Marshals Service executed a federal search warrant at Sedeh’s home in Franklin, Tennessee and recovered a variety of clothing items marked with USMS insignias and other law enforcement tactical and service equipment.
Sedeh also impersonated a Deputy U.S. Marshal on other occasions, including between September 28, 2018 and October 4, 2018; on November 15, 2018; and between November 25, 2018 and December 10, 2018.
Sedeh faces up to three years in prison on each count of impersonation and up to five years in prison for making false statements and a $250,000 fine on each count when he is sentenced on October 21, 2019.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Chris Suedekum.
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Department of Justice Files Statement of Interest in Maine First Amendment CaseRead the Press Release
The Department of Justice today filed a Statement of Interest in the U.S. District Court for the District of Maine supporting students who claim that the State discriminated against them in violation of the Free Exercise Clause of the U.S. Constitution when it barred them from a program paying the public or private school tuition of students who do not have public schools in their school districts, because the students wish to use the tuition to attend private religious schools that otherwise satisfy State education requirements.
The case, Carson v. Makin, was brought by students and their parents challenging their exclusion from the Maine tuition program. In Maine, 143 of the State’s 260 school districts do not operate their own high schools. Such school districts may arrange for another school to teach all of their students, or these school districts may provide tuition payments to allow families to go to the public school or private school of their choice. The State, however, forbids students in the tuition program to attend “sectarian” schools.
“Under the Constitution, governments may not exclude students from education programs solely because of their religious status or their religious choices,” said Assistant Attorney General Eric Dreiband. “The Department of Justice is committed to ensuring that all children and their families may participate in benefit programs without discrimination based on their faith.”
The United States’ Statement of Interest emphasizes that excluding otherwise eligible students from the program because they attend religious schools violates the First Amendment, as recently explained by the Supreme Court two years ago in Trinity Lutheran Church of Columbia v. Comer. In Trinity Lutheran, the Supreme Court held that “denying a generally available benefit solely on account of religious identity imposes a penalty on the free exercise of religion,” and may only be justified by the most compelling governmental interests, which, the brief argues, Maine cannot show here. Preferring secular private schools that meet the academic requirements set forth in Maine law to religious schools that meet those same requirements, the United States’ brief concludes, cannot be reconciled with the Supreme Court’s decision in Trinity Lutheran.
Today’s filing addresses issues set forth in the Department of Justice’s Guidance on Federal Law Protections for Religious Liberty issued on Oct. 6, 2017, at the direction of President Trump’s May 4, 2017, Executive Order Promoting Free Speech and Religious Liberty. The Department of Justice Guidance states that “government may not target persons or individuals because of their religion” and observes that “constitutional protections for religious liberty are not conditioned upon the willingness of a religious person or organization to remain separate from civil society . . . Individuals do not give up their religious-liberty protections by providing or receiving social services, education, or healthcare.”
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Defendant Guilty of 1997 Kidnapping and Traveling with Intent to Engage in Sexual Act with A JuvenileRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that Defendant Henri Michelle Piette, age 63, was found guilty by a federal jury of Kidnapping and Travel with Intent to Engage in Sexual Act with a Juvenile. The verdict was reached on Thursday, June 6, 2019, following a seven-day trial. The defendant was indicted by a Federal Grand Jury in December 2017.
Evidence presented at trial showed the defendant had kidnapped the victim from Poteau, Oklahoma, in 1997 where she had been living with her mother, who had been in a relationship with the defendant. Over the course of the nearly 20 years that followed, the defendant repeatedly raped and inflicted physical and emotional abuse upon the victim. The victim gave birth to nine children, the first being born in 2000 when she was 15 years old. In July 2016 the victim was able to escape with her children to the United States Consular General Offices in Nogales, Mexico. The Federal Bureau of Investigation was notified and the investigation began.
During the trial, witnesses testified the defendant had moved with the victim and children dozens of times within the United States and Mexico. He used numerous aliases and forced the victim to use aliases and dye her hair black and wear glasses to change her appearance. He controlled the victim by violence, threats of violence, and sexual abuse against her and her children.
Assistant United States Attorneys Edward Snow and Sarah McAmis represented the United States. The investigation was conducted by the Federal Bureau of Investigation, the United States Department of State Diplomatic Security Service, the U.S. Attorney’s Office and the District Attorney’s Office for Oklahoma’s 27th Prosecutorial District.
“The victim endured two decades of horrific abuse by the defendant. Her courage lead her to escape and rescue her children and allowed investigators and prosecutors to seek justice on her behalf. Ultimately her courage ended the defendant’s reign of terror,” said United States Attorney Brian J. Kuester. “I know this verdict cannot heal the countless wounds inflicted by the defendant. It should prevent him from ever inflicting more.”
“The FBI Oklahoma City Division, and the special agents who investigated this crime, hope that the guilty verdict delivered against Henri Piette will bring some sense of closure to those he inflicted immeasurable mental and physical abuse upon for over 20 years. By bringing Mr. Piette to justice, the victims of his heinous acts can now begin the process of healing. The FBI is honored to have been a part of this long-term investigation alongside our federal, state, and local law enforcement partners.” said Acting Special Agent in Charge Steven D’Antuono, FBI Oklahoma City Division.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial. Sentencing will be scheduled following the completion of a presentence report.
Creating and Distributing Child Pornography Videos Lands Ponca City Man in Prison for Forty YearsRead the Press Release
OKLAHOMA CITY – STEVEN MARIO ALFORD ORECCHIO, 46, of Ponca City, has been sentenced to forty years in federal prison for distributing on the Internet videos of his own graphic sexual abuse of minors, announced United States Attorney Timothy J. Downing.
On August 21, 2018, a federal grand jury brought three counts against Orecchio based on conduct between February 2013 and November 2016. Counts 1 and 2 charged him with producing and distributing child pornography photographs and videos of a minor identified as Jane Doe #1. Count 3 charged him with producing and distributing a child pornography video of a minor identified as Jane Doe #2. As stated during court proceedings, Orecchio distributed these images to others on the "Dark Web."
The U.S. Marshals Service took custody of Orecchio on September 10, 2018, when he left state custody based on state charges in Kay County arising from the same conduct.
Orecchio pleaded guilty to Counts 2 and 3 on November 28, 2018. Pursuant to a plea agreement, the government has dismissed Count 1.
Today, U.S. District Judge David L. Russell sentenced Orecchio to 480 months, or 40 years, in prison. The court explained it fashioned the sentence so that Orecchio would be in his eighties when released. Although federal prisoners can earn limited credits for good behavior, parole has been abolished in the federal system. After release from prison, Orecchio will serve any remaining years of his life on supervised release and be required to register as a sex offender.
"The innocence stolen from these children through unspeakable acts can never be restored," said U.S. Attorney Downing. "This conviction and sentence will not only hold Mr. Orecchio accountable for his crimes, it will also ensure that he will never again victimize another child. I am committed to working with our state partners to keep defendants like this one away from children and to seek sentences that will deter others from harming children in such an egregious way."
This case is the result of an investigation by the Oklahoma State Bureau of Investigation’s Internet Crimes Against Children Task Force, which includes agents and officers from Homeland Security Investigations, the Oklahoma Attorney General’s Office, the Ponca City Police Department, and the Tulsa Police Department, with the assistance from Brian Hermanson, District Attorney for Kay and Noble Counties, as well as law enforcement officers in New Zealand and Australia. It was prosecuted by Assistant U.S. Attorney Brandon Hale.
This case is also part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section of the Department of Justice, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to public filings for further information.
Convicted Felon Sentenced for Trafficking Heroin and Possessing FirearmRead the Press Release
RICHMOND, Va. – A Henrico man was sentenced today to 15 years in prison for trafficking over 200 grams of heroin and for possessing a firearm as a convicted felon.
“Drug traffickers in possession of firearms pose a significant threat to our communities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Investigating and prosecuting heroin and fentanyl trafficking crimes is a top priority of this office as we continue to battle this deadly epidemic. We are committed to our mission of public safety and will continue to aggressively pursue those who choose to endanger the safety of the communities we serve.”
According to court documents, Mervin Turner, 37, distributed heroin and fentanyl to a confidential source from his Henrico County residence on two separate occasions in 2018. In August 2018, law enforcement executed a search warrant at Turner’s residence and recovered a semi-automatic pistol loaded with a 100-round drum magazine, more than 200 grams of heroin, two stand-up shop presses used to package heroin, marijuana, digital scales, and more than $9,000.
Operation California Dreamin was investigated as part of the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and William C. Smith, Interim Chief of Richmond Police, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorneys Erik S. Siebert and Kenneth Simon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-158.
Convicted Felon Pleads Guilty to Fraud Scheme Involving Local NewspaperRead the Press Release
ALEXANDRIA, Va. – A previously convicted felon pleaded guilty this morning to charges related to defrauding investors of a local newspaper and unlawful possession of firearms by a previously convicted felon.
According to court documents, Brian Thomas Reynolds, 52, of Leesburg, defrauded both investors and lenders to a company that he controlled that operates a local newspaper in Loudoun County. Reynolds made several materially false and fraudulent representations to actual and potential investors and lenders regarding the existence and value of advertising contracts held by the company, and created fake advertising contracts when no such agreements existed. Reynolds also made materially false and fraudulent representations regarding the company’s historical advertising revenues and the amount of money that Reynolds and others had invested in the company, falsely claimed that another individual had agreed to “match” the investments of certain investors, falsely claimed to at least one investor that the company lacked any debt, and materially overstated the amount of money held by the company in its bank accounts.
Court documents also state that Reynolds created altered loan documentation to defraud an individual who had lent money to the company by changing the language of the loan agreement to conditions that were materially more favorable to Reynolds and his company than had actually been agreed to by the lender. Reynolds also made materially false representations regarding the number of issues previously distributed by the newspaper, and falsely claimed that a prominent businessperson served on the company’s advisory board, when in fact that individual held no position on the board and played no role in the operation of the business.
Reynolds, who has four prior felony convictions and is prohibited from possessing firearms, also pleaded guilty to unlawfully possessing seven firearms and associated ammunition.
Reynolds pleaded guilty to one count of wire fraud and one count of unlawful possession of firearms by a previously convicted felon. He faces a maximum penalty of 20 years in prison for the wire fraud count and a maximum penalty of 10 years in prison for the firearms count when sentenced on September 13. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Charles Dayoub, Acting Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement. Assistant U.S. Attorney Matthew Burke and Special Assistant U.S. Attorney Russell L. Carlberg are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 1:19-cr-70 and 1:19-cr-71.
Citrus Heights Man Sentenced to over 24 Years in Prison for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Kimberley J. Mueller sentenced Emanuel Mois, 26, of Citrus Heights today to 24 years and four months in prison to be followed by a lifetime term of supervision, for receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between November 2016 and February 2017, Mois knowingly received and saved images depicting children engaged in sexually explicit activity onto his cellphone. At the time he received the images, Mois was on parole monitor for a state conviction for child pornography and was required to wear an ankle monitor. In addition, he had a prior state conviction for sexual battery of a minor.
In pronouncing the sentence, Judge Mueller cited Mois’ aggravated criminal history, which included numerous offenses against children, and the need to protect the public from someone who appears to be “a sexually deviant child predator.”
“Child pornography is the end-product of the victimization of our communities’ youngest and most vulnerable members,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “It is a crime that can have an effect on victims well after the material is initially produced and distributed. Mois’ actions are particularly concerning since he was on parole for assaulting a child at the time he was found with child pornography. The FBI is committed to working with our local, state, and federal law enforcement partners to ensure anyone who produces, obtains or shares such exploitive and illegal content faces justice to both punish those who exploit children but also to deter the behavior.”
This case was the product of an investigation by the FBI, the Citrus Heights Police Department, and the Roseville Police Department. Assistant U.S. Attorney Amy Schuller Hitchcock prosecuted the case.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Canon Inc., Toshiba Corporation Agree to Pay $5 Million for Violating Federal Antitrust LawsRead the Press Release
Canon Inc. and Toshiba Corporation have agreed to settle federal charges that the companies violated the premerger notification and waiting period requirements of the Hart-Scott-Rodino Act (HSR Act), when Canon acquired Toshiba Medical Systems Corporation from Toshiba in 2016.
The companies will pay $2.5 million each to settle the charges. The settlement also requires the companies to implement HSR compliance programs and comply with inspection and reporting requirements, among other obligations imposed under the consent order.
The complaint alleges that Canon and Toshiba devised a scheme to avoid observing the waiting period required by the HSR Act for Canon’s acquisition of Toshiba’s subsidiary Toshiba Medical Systems Corporation (TMSC). According to the complaint, the scheme devised by Canon and Toshiba “had no purpose” other than to complete the sale of TMSC prior to March 31, 2016, and avoid the HSR Act’s waiting period requirements.
The complaint further alleges that long-running financial irregularities at Toshiba became public in 2015 and, as a result, Toshiba was facing financial difficulty. To shore up its financial statement, Toshiba needed to recognize the proceeds of the sale of TMSC by the end of its 2015 fiscal year on March 31, 2016. The complaint also alleges that, by Canon’s and Toshiba’s own admission, Canon could not acquire TMSC outright because “it simply was not possible to complete a significant acquisition of TMSC voting securities before the end of Toshiba’s fiscal year due to the review periods under various merger control laws.”
“The HSR Act is an essential tool for antitrust enforcement because it allows federal antitrust enforcers to review proposed acquisitions for potential anticompetitive effects before they occur. Canon and Toshiba structured their transaction for the purpose of avoiding the HSR Act’s requirements,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “An acquiring person may not enlist a third party to make an acquisition on its behalf to evade the HSR Act.”
“The prior notice provisions of the HSR Act are designed to allow the agencies to analyze a proposed transaction before it is consummated to determine whether it will harm competition,” said Bruce Hoffman, Director of the Federal Trade Commission’s Bureau of Competition. “Deliberately structuring a transaction to avoid or delay HSR filing undermines the efficacy of the premerger notification process, regardless of whether the parties’ motives for doing so in a particular case were anticompetitive. We will be vigilant in seeking relief against attempts to circumvent the HSR Act’s filing requirements.”
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review. The maximum civil penalty for an HSR violation is currently $42,530 per day.
The Department of Justice filed the complaint and proposed final judgment in the U.S. District Court for the District of Columbia on June 10, 2019.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Kenneth A. Libby, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580 [email protected]. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Brooke County nurse sentenced for illegal drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Sharon E. Jackson, of Wellsburg, West Virginia, was sentenced on May 30, 2019 to two years probation for distributing drugs illegally, United States Attorney Bill Powell announced.
Jackson, age 46, a registered nurse, pled guilty to one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice” in December 2017. Jackson admitted to conspiring with others to illegally distribute suboxone, subutex, and buprenorphine, controlled substances used to treat opioid addiction. Jackson admitted to committing the crime while operating at an opioid addiction treatment center, Advance Healthcare, Inc., in Weirton, West Virginia from 2007 until 2017.
Jackson was also ordered to pay $100,000 in a money judgment.
Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Drug Enforcement Administration investigated.
U.S. District Judge John Preston Bailey presided.