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Thursday 6 June 2019
South Boston Man Pleads Guilty to Loansharking and Gambling ChargesRead the Press Release
BOSTON - A South Boston man pleaded guilty today in federal court in Boston to loansharking and gambling charges.
Tam V. Nguyen, 51, pleaded guilty to one count of conspiracy to collect extensions of credit by extortionate means and one count of operating an illegal gambling business. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 11, 2019.
From April to August 2017, Nguyen conspired to collect an extension of credit from a victim. Nguyen also engaged in an illegal gambling business from September 2016 through August 2017. According to court proceedings, Nguyen was a bookmaker and conspired to collect a large gambling debt from a bettor. In an intercepted telephone call, Nguyen told a conspirator to “go ahead and be firm, be firm with him. That will make him afraid and try hard to take care of it. That’s all.”
As part of the same investigation, in August 2017, Vinh Quang Huynh, Quang PT Le, and Kim Nguyen, all of Dorchester, were charged with kidnapping, conspiracy to collect extension of credit by extortionate means, and operating an illegal gambling business. In May 2018, Le was sentenced to six years in prison, three years of supervised release and ordered to pay restitution in the amount of $6,300. In March 2019, Kim Nguyen was sentenced to one year and one day in prison, two years of supervised release, and ordered to pay restitution in the amount of $6,300. In December 2017, Huynh pleaded guilty and is awaiting sentencing. In addition, as part of the same case, Ban “Bo” Tran pleaded guilty to misprision of a felony and was sentenced in February 2019 to eight months in prison, one year of supervised release and ordered to pay a fine of $5,000.
The charge of conspiracy to collect extensions of credit by extortionate means provides for a sentence of no greater than 20 years in prison, three years of supervised release and fine of $250,000. The charge of operating an illegal gambling business provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Gross; and Quincy Police Chief Paul Keenan made the announcement today. The Internal Revenue Service’s Criminal Investigation in Boston and the Massachusetts Department of Correction assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
Seven people indicted for conspiracy to traffic heroin and cocaine in Warren and YoungstownRead the Press Release
A federal grand jury returned a 48-count indictment charging seven people for their roles in a conspiracy to distribute cocaine and heroin in the Warren and Youngstown areas.
Indicted are: Thomas I. Sledge, 38, of Youngstown; Preston D. Sims Jr., 33, of Akron; Levar A. Johnson; 41; Khalef K. Freeman, 37; James A. Lipscomb, 40; Christopher L. Williams, 39, and Lajuna R. Brown, 30, all of Warren, with conspiracy to distribute cocaine and heroin.
The indictment alleges the defendants conspired to distribute cocaine and heroin in the Warren and Youngstown areas between September 2017 through June 2018.
Sims allegedly supplied heroin to Sledge, who in turn supplied it to Johnson, Freeman, Lipscomb, Williams and Brown for distribution in Youngstown and Warren, according to the indictment.
Sledge obtained cocaine from a source and supplied it to Freeman for distribution in Warren and Youngstown, according to the indictment
The indictment further alleges Sledge distributed cocaine in the fall of 2017.
The indictment also alleges Sledge, Sims, Johnson, Freeman, Lipscomb, Williams and Brown used a communication facility in furtherance of a drug trafficking crime between January and March 2018.
“These defendants are charged with seeking to profit from the drug epidemic that has plagued all of Ohio and hit the Mahoning Valley particularly hard,” U.S. Attorney Justin E. Herdman said. “We will seek long prison sentences for people who bring cocaine, heroin, and other illicit drugs into our neighborhoods.”
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by Drug Enforcement Administration and the Warren Police Department’s Street Crimes Unit. The case is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Savannah man indicted for 2018 murder on Fort StewartRead the Press Release
SAVANNAH, GA: A Savannah man has been indicted for the murder last summer of the wife of a deployed U.S. Army soldier on post at Fort Stewart.
In an indictment unsealed today, Stafon Davis, 27, of Savannah, is charged with Premeditated Murder in the July 9, 2018 shooting death of Abree Boykin, 24, a resident of post housing at Fort Stewart Army Reservation, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Davis also is charged with Possession of a Firearm by a Convicted Felon.
The indictment alleges that Davis, while on Fort Stewart, “willfully, deliberately, maliciously, and with premeditation and malice aforethought, did unlawfully kill Abree Boykin, by shooting Abree Boykin with a 9mm firearm.” The body of Boykin, whose husband was a then-deployed soldier, was discovered by Military Police in her residence.
Davis is being held at the Palm Beach County Jail in West Palm Beach, Fla. He is scheduled to have an initial appearance Friday in the West Palm Beach Division of the Southern District of Florida, and will be required to appear in the Southern District of Georgia for further proceedings.
“Our service members already make a tremendous sacrifice for their country, including deployments, and they deserve to know their families will be kept safe here at home – especially at our own military facilities,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “We owe it to Abree Boykin’s family to seek the full measure of justice for her killer.”
“Nothing will ever resolve the pain and suffering this murder has caused the husband, family and friends of Abree Boykin, but hopefully this indictment is the beginning step toward some sense of justice for them,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This result would not have been possible without the cooperation of our law enforcement partners at the U.S. Army and U.S. Attorney’s Office.”
FBI and CID continue to offer a reward of up to $20,000 for information leading to the recovery of Abree Boykin’s black 2018 Honda Accord, Georgia license plate RLQ1762. Those with information are encouraged to call the FBI Atlanta Field Office at (770) 216-3000, email [email protected], or call 1-844-ARMY-CID. Individuals wishing to remain anonymous will be protected to the degree allowable under the law.
A criminal indictment contains only charges; defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the FBI and the Army Criminal Investigation Command, with assistance from the Savannah Police Department and the U.S. Marshals Service, and prosecuted for the United States by Assistant United States Attorney Jennifer G. Solari.
Russian Woman Sentenced for Parental Kidnapping, ExtortionRead the Press Release
WICHITA, KAN. – A Russian-born woman was sentenced to 84 months in federal prison today for unlawfully taking her daughter to Russia and demanding money before allowing the American father to have custody of the girl, U.S. Attorney Stephen McAllister said.
In March, a jury found Bogdana Alexandrovna Mobley, 38, guilty on one count of international parental kidnapping and two counts of attempting to extort money from the child’s father.
During trial, the prosecutor presented evidence that in April 2014 Mobley took a child of hers (identified as S.M. in court records) to Russia despite the fact the biological father, Brian Mobley, had been awarded joint custody in Sedgwick County District Court. At the time, the Mobleys had a pending divorce case before the court. The defendant did not obtain the permission of the court or Brian Mobley before going to Russia with the child. The child still has not returned to the United States.
Between April 2014 and November 2016, the defendant only permitted Brian Mobley to communicate with S.M. via cell phones and Skype applications. She told Brian Mobley that he needed to send her money in order to see the child.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Rochester Man Pleads Guilty to Selling Fentanyl That Led to A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Taylor, 28, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 35 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant was arrested after law enforcement officers executed a search warrant at 70 Texas Street in Rochester. During the search, officers recovered approximately 655 decks of fentanyl, materials consistent with the packaging of narcotics, and a firearm, among other contraband.
On May 3, 2018, Taylor sold fentanyl that led to the overdose death of an individual identified as S.M.
The plea is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Sheriff Todd Baxter, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. 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.
Sentencing is scheduled for September 4, 2019, at 3:00 p.m. before Judge Larimer.
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Rochester Man Pleads Guilty to Heroin ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daiquan Hill, 25, of Rochester, NY, pleaded guilty to conspiracy to distribute heroin, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between January 2018 and June 14, 2018, the defendant conspired to distribute heroin. In furtherance of the conspiracy, Hill distributed quantities of fentanyl to customers and also directed others as to when, where, and how much narcotics to deliver to customers. .
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for September 5, 2019, at 10:00 a.m. before Judge Larimer.
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Rochester Man Pleads Guilty to Fentanyl ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Giovanni Deleon, 27, of Rochester, NY, pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl, before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between August 2018 and December 2018, the defendant conspired to distribute fentanyl. In furtherance of the conspiracy, Deleon distributed quantities of fentanyl to customers and assisted in obtaining quantities of fentanyl to be distributed in the Western District of New York.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for September 18, 2019, at 2:00 p.m. before Judge Larimer.
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Ramer Man Convicted Oo Federal Firearms and Drug ChargesRead the Press Release
Montgomery, Alabama – On Wednesday, June 5, 2019, a federal jury convicted Willis Lydell Cogburn, 31, of Ramer, Alabama, on charges of being a felon in possession of a firearm, possession of a controlled substance with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney Louis V. Franklin, Sr., Troy Police Chief Randall Barr, and ATF Special Agent in Charge Marcus Watson.
The trial evidence showed that in the early morning hours of Saturday, July 8, 2017, Troy Police officers were patrolling the downtown area after responding to a disturbance call. After the issues with the initial call were cleared, officers then began to patrol the area near a bar on Love Street where a crowd had gathered. There they found Cogburn in a vehicle with his car stereo playing at an excessive volume. When officers approached the car to address the noise issue, they noticed an open container of alcohol in the vehicle and detected the smell of marijuana.
Upon questioning, Cogburn became uncooperative and confrontational. Officers asked Cogburn to get out of the vehicle and opened the driver’s door to remove him. At that point, Cogburn placed the vehicle in reverse and drove backwards down the street for approximately 50 feet before hitting another vehicle and coming to a stop. This happened so suddenly that an officer had to jump into the car’s doorjamb and cling to the vehicle to avoid being struck by the open door as the car moved backwards. Luckily, no one was injured.
Once Cogburn was removed from the vehicle, officers searched the car and found a significant amount of marijuana, digital scales, and a .38 caliber revolver. Small amounts of cocaine and methamphetamine were also discovered. Having previously been convicted of a felony, Cogburn was prohibited from possessing a firearm.
Following these convictions, Cogburn is facing a minimum of five years in prison with a maximum sentence of life. There is no parole in the federal system.
“Guns and drugs are a deadly mix,” stated U.S. Attorney Franklin. “Dealers often carry firearms to protect their drugs and money, placing the public and law enforcement at risk. We are fortunate that someone was not seriously injured during this encounter and I am relieved that the Troy police officers were able to prevent the situation from escalating further.”
“Our officers encountered a dangerous individual that night and the situation escalated very quickly,” stated Chief Barr. “Thankfully, we were able to get him into custody without serious injury to officers, bystanders, or the defendant. I am grateful for the partnerships my department has with the agencies involved in this case and the U.S. Attorney’s Office.”
ATF Special Agent in Charge, Marcus Watson stated, “The partnerships with the Troy Police Department and the U.S. Attorney’s Office were crucial in reducing the potential for violent crime in this case.”
The case was investigated by the Troy Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Montgomery County Sheriff’s Office and the Alabama Department of Forensic Sciences. Assistant United States Attorneys Joshua Wendell and Robert Nichols prosecuted the case.
Owner of Income Tax Preparation Business Sentenced to Prison for Preparing Falsified Income Tax Returns for ClientsRead the Press Release
BOISE – David Lee Brannum, 56, now of Washougal, Washington, was sentenced to 12 months and one day in prison for preparing false income tax returns for clients of his business, “Dave’s Tax Service,” U.S. Attorney Bart Davis announced today. U.S. District Judge B. Lynn Winmill also ordered that Brannum pay $101,550 in restitution to the IRS and placed Brannum on one year of supervised release after his prison sentence ends.
According to court records, in January 2019, Brannum pleaded guilty to one count of assisting, advising, and counseling clients to submit materially false federal income tax returns to the IRS. According to the plea agreement filed in this case, from 2003 through 2015, Brannum operated his tax preparation business in Idaho and Nevada and submitted hundreds of federal income tax returns. Brannum often claimed false and fraudulent itemized deductions for his clients, which had the effect of decreasing their tax liability and generating improper refunds. Specifically, Brannum inflated the amounts of his clients’ charitable contributions and entered amounts for unreimbursed employee expenses that were not substantiated, that he inflated, or that he knew were not allowable.
This case was investigated by the IRS Criminal Investigations Division.
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Natchez Man Pleads Guilty under Project EJECT to Possessing a Firearm while under Felony IndictmentRead the Press Release
Natchez, Miss. – Tywone Noble, 23, of Natchez, pled guilty today before Senior U.S. District Judge David C. Bramlette, III to possession of a firearm while under a felony indictment, announced U.S. Attorney Mike Hurst and Dana Nichols, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On January 22, 2018, Tywone Noble was indicted by an Adams County Grand Jury on felony charges. While Noble was still under that indictment, on November 19, 2018, probation agents with the Mississippi Department of Corrections were conducting home visits in the area of Beaumont Street and observed four men standing in front of a house. As they approached, the agents observed one of the men, Noble, holding an assault rifle. On April 16, 2019, Noble was charged in a federal indictment with possessing a firearm while under felony indictment.
Noble will be sentenced on October 1, 2019 by Judge Bramlette and faces a maximum penalty of five years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorney Bert Carraway.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Monore man pleads guilty to drug, firearm chargesRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Robert E. Robinson, 45, of Monroe, pleaded guilty Wednesday before U.S. District Judge Terry Doughty for possession of marijuana with the intent to distribute and possessing firearms in furtherance of a drug-trafficking crime.
According to the guilty plea, law enforcement agents with the Monroe Metro Narcotics Unit obtained a search warrant for Robinson’s residence following two undercover buys of marijuana from him. The search yielded more than 7 kilograms of marijuana as well as marijuana butter, marijuana cookies, digital scales, and a marijuana grinder. Officer also found three loaded firearms, to include a Rock Island Armory revolver, loaded with six rounds of ammunition, an Anderson pistol, loaded with 30 rounds of ammunition, and a Smith & Wesson pistol, loaded with 14 rounds of ammunition. More than 500 rounds of various caliber ammunition were recovered from the residence.
Robinson faces up to five years in prison for the drug offense and at least five years in prison for the firearm offense. He also faces up to a $250,000 fine and five years of supervised release. Doughty set Robinson’s sentencing for September 4, 2019.
The ATF and the Monroe Metro Narcotics Unit conducted the investigation. Assistant U.S. Attorney Brian C. Flanagan is prosecuting the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Milton Man Sentenced to 90 Months of Imprisonment for Heroin and Cocaine Base DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that Jerry Romero, 64, of Milton was sentenced by Judge William K. Sessions III to 90 months of imprisonment to be followed by four years of supervised release. Romero had previously pled guilty to possession with intent to distribute both heroin and 28 grams or more of cocaine base and agreed to the 90-month sentence.
According to Court records, in September 2018, Romero was living at 77 Beartrap Road in Milton, Vermont. On September 4, 2018, the Milton Police Department and the Drug Enforcement Administration (“DEA”) executed a search warrant at Romero’s home. Upon entry, a law enforcement agent asked Romero where the drugs were and Romero responded that they were in the bathroom trashcan. Law enforcement then recovered approximately 61 grams of cocaine base and 480 bags of heroin from the trashcan. Law enforcement also recovered a .380 Glock pistol and ammunition from a gun safe. Romero had the combination to this safe in his wallet.
At the time he committed this drug trafficking offense, Romero was on federal supervised release related to a prior federal drug trafficking conviction in 2017. Accordingly, the 90-month sentence was broken down into two parts: 66 months for the new drug offense and 24 months, to be served consecutively, for violating his terms of federal supervised release. From 2002 to 2017, Romero incurred four other federal felony convictions, three involving drug trafficking and one involving unlawful possession of a firearm.
“Working with federal law enforcement partners, the Milton Police Department was able to establish a case involving Jerry Romero and address the concerns of Milton residents.”, stated Milton Police Chief Steve Laroche. He praised the efforts of the citizens of Milton for providing valuable information, based on “See Something Say Something”, which lead to the arrest of Jerry Romero. “This investigation resulted in the largest amount of crack cocaine and heroin seized in the department’s history”, according to Chief Laroche.
This matter was investigated by the Drug Enforcement Administration, the Milton Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant U.S. Attorneys Jon Ophardt and Joe Perella. Romero is represented by Steven Barth of the Federal Public Defenders Office.
Middlesex County Woman Arrested for $1.7 Million Bank Fraud SchemeRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, woman was arrested today for allegedly orchestrating a $1.7 million bank fraud scheme that involved writing fraudulent business checks, U.S. Attorney Craig Carpenito announced.
Tammy Martinez, 46, of South Amboy, New Jersey, is charged by complaint with one count of bank fraud. Federal agents arrested Martinez this morning; she is scheduled to appear this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
According to documents filed in this case and statements made in court:
From January 2014 through March 2019, Martinez served as an office manager and bookkeeper for a company in Newark. Beginning in January of 2014, Martinez used her position to issue fraudulent company checks made payable to herself or cash and forged the signature of her manager on the checks. Martinez then converted the fraudulent company checks into cash at bank branches in New Jersey. Martinez’s bank fraud scheme resulted in more than $1.7 in losses.
The bank fraud count carries a maximum potential penalty of 30 years in prison and a $1 million fine.
U.S. Attorney Carpenito credited special agents of the U.S. Attorney’s Office, under the direction of Supervisory Special Agent Thomas Mahoney in Newark, and the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Jamel Semper of the U.S. Attorney’s Office Economic Crimes Unit.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty
Defense counsel: Peter Carter Esq., Assistant Federal Public Defender, Newark
Mexican Man Sentenced for Illegally Reentering the United StatesRead the Press Release
A man who entered the United States illegally from Mexico was sentenced on May 31, 2019, to four months in federal prison.
Miguel Angel Prieto-Soto, age 33, from Mexico, received the sentence after an April 12, 2019, guilty plea to one count of unlawful use of identification documents.
At the guilty plea, Prieto-Soto admitted he had purchased a counterfeit permanent resident alien card and counterfeit social security card from an individual in Omaha for $200. Prieto-Soto admitted he had used his real name on both cards. He further admitted that he presented the counterfeit documents to Bliek’s Custom Fab in Hull, Iowa, for the purposes of obtaining employment.
Prieto-Soto was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Prieto-Soto was sentenced to four months’ imprisonment. He must also serve a 1-year term of supervised release.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-04016.
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Merrill Man Charged with Gun CrimesRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced today the unsealing of an indictment charging Douglas P. Bannister, 37, Merrill, Wisconsin, with being a felon in possession of a firearm and illegally possessing a silencer.
The sealed indictment was returned yesterday by a federal grand jury and an arrest warrant was issued for Bannister. He was arrested in Merrill yesterday afternoon. He made an initial appearance in U.S. District Court in Madison today, and was ordered to remain in custody pending a detention hearing, which has not been scheduled.
The indictment alleges that on December 11, 2018, Bannister, knowing he had previously been convicted of a felony, possessed an Anderson Manufacturing AM-15 lower receiver. The receiver is the part of a firearm which provides housing for internal components. For the purposes of federal law, the receiver is legally the firearm. The indictment also charges that on December 11, 2018, Bannister possessed a silencer not registered to him in the National Firearms Registration and Transfer Record.
If convicted, Bannister faces a maximum penalty of 10 years in federal prison on each charge. The charges against him are the result of an investigation by the Lincoln County Sheriff’s Office, Wisconsin Department of Natural Resources, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorney Corey C. Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Member of the Violent “Murdaland Mafia Piru” Bloods Gang Sentenced to 14 Years in Federal Prison for Racketeering and Drug ConspiraciesRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced Devon Dent, age 28, of Baltimore, Maryland to 14 years in federal prison, followed by five years of supervised release, for racketeering and drug conspiracies related to his participation in the gang activities of the Murdaland Mafia Piru (MMP), a subset of the Bloods gang. Dent admitted that as part of his gang activities, he distributed crack cocaine for the gang and he was present when a MMP co-defendant attempted to kill a victim outside a Baltimore nightclub, shooting that person multiple times in the head and chest.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; Chief Terrence B. Sheridan of the Baltimore County Police Department; Baltimore City State’s Attorney Marilyn J. Mosby; and Baltimore County State’s Attorney Scott Shellenberger.
According to Dent’s plea agreement and court documents, MMP, also known as the “Mob” or “Mobsters,” is a violent subset of the Bloods gang that operates in Maryland and elsewhere. MMP was modeled after the Italian Mafia, and was organized hierarchically, with “the Don” at the top and various “Bosses,” “Underbosses,” “Capos,” “Lieutenants,” and “Mobsters” underneath. For many years, MMP has controlled the drug trade in large swaths of Northwest Baltimore City and neighboring Baltimore County, including Forest Park, Windsor Mill, Gwynn Oak, Howard Park, Woodlawn, and Walbrook Junction. The gang’s drug shop in the 5200 block of Windsor Mill Road was particularly lucrative due to its close proximity to Interstate 70, and it frequently attracted drug customers driving from Western Maryland and neighboring states. MMP’s members enriched themselves through drug trafficking and other criminal activities, and using violence and threats of violence to intimidate or retaliate against witnesses, protect the gang’s territories, enforce debts, and eliminate rivals.
Dent admitted that he was a member of MMP and participated in the gang’s affairs through a pattern of racketeering activities, that included offenses involving drug distribution. Specifically, as detailed in his plea agreement, on October 15, 2012, Dent was present when a co-defendant attempted to murder a victim, shooting him multiple times in the head and chest with a .45-caliber firearm outside Club Mirage in downtown Baltimore. A closed-circuit television camera captured the incident, and showed Dent arriving at Club Mirage with four other MMP members, including one who was wearing a red shirt with the words “MOBB SQUAD” on the back and filmed the victim with a tablet device shortly before the shooting.
On November 4, 2012, Dent possessed with intent to distribute roughly 12 grams of heroin and 21 grams of crack cocaine, as well as MMP paperwork. The paperwork detailed the history and structure of the gang, as well as certain rules of conduct, including that “retaliation is a must,” and that “co-operation with authorities that lead[s] to incriminating others” is punishable by death.
On April 15 and April 22, 2015, Dent distributed crack cocaine on Gwynn Oak Avenue to an undercover officer who was wearing an audio-video recording device.
Twenty-five defendants have been convicted in the case, including five who were convicted by a federal jury on April 30, 2019 after a six-week trial.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
United States Attorney Robert K. Hur praised the ATF, the Baltimore City and Baltimore County Police Departments, and the Baltimore City and Baltimore County State’s Attorney’s Offices for their work in the investigation and prosecution. Mr. Hur thanked Assistant United States Attorneys Christina A. Hoffman and Lauren E. Perry, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Maumee man indicted on child pornography charges and for attempting to coerce what he believed to be a 14-year-old girl to engage in sexual activityRead the Press Release
A Maumee man was indicted for attempting to coerce what he believed to be a 14-year-old girl to engage in sexual activity.
Ryan Davis, 30, was indicted on one count of coercion or enticement and one count of receipt or distribution of child pornography.
Davis, between April 24 and 30, 2019, attempted to coerce an undercover agent posing as a 14-year-old girl to engage in sexual activity, according to the indictment.
Davis knowingly received and distributed child pornography between 2016 and 2019, according to the indictment.
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 FBI. It is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.
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.
Massachusetts Restaurant Owner Pleads Guilty to Conspiracy to Defraud the IRSRead the Press Release
A Denham, Massachusetts, resident pleaded guilty today in Boston to conspiring to defraud the United States by impeding the lawful functions of the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Ayaz Ali Shah co-owned and operated a carry-out restaurant called “New York Fried Chicken and Pizza” that conducted business in Dorchester, Massachusetts. The indictment alleges that Shah, together with his co-defendants, Muhamad Siuyab Khan and Khurshed Jehan Badshah, conspired to defraud the United States from 2009 through 2014. The co-defendants each owned twenty percent of the business, but during the five-year period charged in the indictment, Shah and his co-conspirators allegedly agreed to underreport the business’s gross receipts, cost of goods sold, and net profit, and to report these false amounts on Shah’s 2012 and 2013 individual tax returns.
The indictment against Khan and Badshah remains pending. An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Chief United States District Judge Patti B. Saris scheduled Shah’s sentencing for Sept. 19, 2019. Shah faces a maximum sentence of five years in prison on the conspiracy charge. He also faces a period of supervised release, restitution and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation, the FBI Boston Division, U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), and the Boston Police Department, who conducted the investigations, and Trial Attorneys Mark McDonald and Thomas Voracek of the Tax Division, who are prosecuting the case.
Marshall County man indicted for firearms violationRead the Press Release
WHEELING, WEST VIRGINIA – William M. Johnson, Jr., of McMechen, West Virginia, had his initial appearance in federal court today after being indicted by a federal grand jury sitting in Wheeling this week for a firearms violation, United States Attorney Bill Powell announced.
Johnson, age 30, is charged with one count of “False Statement to Acquire Firearm.” Johnson is accused of making a false statement when purchasing a firearm. Johnson is accused of claiming the weapon was for his use, when, in fact, he purchased the .40 caliber pistol for a convicted felon. The crime took place in August 2018 in Ohio County.
Johnson 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 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 Robert H. McWilliams, Jr. is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge James P. Mazzone presided.
Manhattan U.S. Attorney Announces Criminal and Civil Charges Against CEO of Clothing Company for Million-Dollar Customs FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent in Charge of the New York Office of the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”), and Troy Miller, Director, Field Operations, New York, U.S. Customs and Border Protection (“CBP”), announced today the filing of criminal and civil charges against JOSEPH BAILEY, the CEO of a children’s apparel company headquartered in Manhattan. BAILEY was charged, in an indictment unsealed today, with participating in a years-long scheme to defraud U.S. Customs and Border Protection (“CBP”) by submitting invoices to CBP that falsely understated the true value of the goods his company imported into the United States. BAILEY’s scheme resulted in the loss of over $1 million in duty revenue to the United States.
BAILEY was arrested today, and will be presented before Chief U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court later today. The criminal case has been assigned to U.S. District Judge William H. Pauley III. In addition, a civil fraud lawsuit against BAILEY and his companies, Stargate Apparel, Inc. (“STARGATE”) and Rivstar Apparel, Inc. (“RIVSTAR”), which is assigned to U.S. District Judge J. Paul Oetken, was unsealed in Manhattan federal court earlier today. The civil complaint, which was filed on April 19, 2019, under seal, asserts that BAILEY, STARGATE, and RIVSTAR violated the False Claims Act by submitting invoices to CBP that falsely understated the true value of the goods they imported into the United States. The conduct in this matter was first brought to the attention of federal law enforcement by a whistleblower who filed a lawsuit under the False Claims Act.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Joseph Bailey defrauded the United States by several schemes with one theme – misrepresenting the value of imported goods to avoid payment of customs duties. Bailey now faces criminal charges for his alleged fraud, and the government’s civil suit seeks treble damages and penalties against Bailey and his companies.”
HSI Special Agent in Charge Angel M. Melendez said: “Bailey is alleged to have undervalued imported goods, leading to a loss to the government of more than a million dollars in duty revenue. It is important to remember that customs fraud is not a victimless crime, as it affects legitimate trade and business. Trade enforcement is a priority for HSI, and we will continue to partner with CBP as we investigate those fraudsters and bring them to justice.”
CBP Director of New York Field Operations Troy Miller said: “U.S. Customs and Border Protection provided a critical link in an ongoing investigation that resulted in the takedown of an elaborate criminal enterprise. It is through our interagency partnerships, and collaborative approaches like the one leading to today’s arrests, that law enforcement successfully combats modern criminal organizations.”
According to the allegations in the Government’s indictment and civil complaint[1]:
From in or about 2007 to in or about 2015, BAILEY and other employees of STARGATE engaged in a scheme fraudulently to understate the value of goods imported into the United States. During the charged time period, STARGATE purchased much of its merchandise from a manufacturer located in China (“Manufacturer-1”). Starting shortly after STARGATE began doing business with Manufacturer-1 in 2007, through approximately 2010, BAILEY and others at STARGATE engaged in a double-invoicing scheme by which STARGATE would receive two sets of invoices from Manufacturer-1 for the same shipment of goods. One invoice, referred to as the “pay by” invoice, was significantly higher and reflected the actual price paid by STARGATE for the goods. The second invoice reflected a significantly lower price for the goods and was presented to CBP. This allowed STARGATE to pay a fraudulently lower amount of customs duties.
In approximately 2010, BAILEY and other employees of Stargate began a new variation of the customs fraud scheme, involving invoices for “sample” goods, by which Manufacturer-1 would send two separate sets of invoices for a given shipment that together reflected the true price STARGATE actually paid to Manufacturer-1 for a particular shipment of clothing. The first invoice, typically entitled the “commercial invoice,” described the goods purchased and was submitted to CBP. The second invoice purportedly reflected amounts paid by STARGATE for “sample” goods and was not submitted to CBP. Sample goods are not subject to customs duties.
The “samples” invoice was not, in fact, for samples actually purchased by STARGATE. Rather, it was a means to make an additional payment to Manufacturer-1 for actual goods purchased by Stargate without disclosing that payment to CBP. Typically, the “samples” invoices reflected a unit price for sample goods that was significantly greater than the unit price for the non-sample goods reflected on the invoice submitted to CBP (for example, $70-$90 per unit on the “samples” invoice versus a $4 per unit price on the “commercial invoice”). In addition, the “samples” invoice reflected the purchase of unusually large quantities of sample goods. For example, the “samples” invoice reflected quantities as large as 24 or 48 pieces of a single color in a single style.
This multi-year fraud scheme resulted in the loss of over $1 million in duty revenue to the United States.
In addition to these allegations, the Government’s civil fraud complaint also alleges that BAILEY, STARGATE, and RIVSTAR engaged in similar schemes involving additional manufacturers. Similar to the schemes involving Manufacturer-1, these schemes involved a second invoice, which purported to be for “samples,” “accessories,” “commissions,” or “testing costs,” but in reality reflected an additional payment made by the defendants for the same goods described in first invoice, but that was not submitted to CBP. Through these schemes the defendants undervalued the goods that entered into the United States by tens of millions of dollars.
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BAILEY is charged with one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison, one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of falsely effecting the entry of goods into the United States, which carries a maximum sentence of two years. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. BAILEY, STARGATE, and RIVSTAR are also charged with civil claims under the False Claims Act, through which the Government may recover treble damages and civil penalties arising from his conduct.
Mr. Berman thanked HSI and U.S. Customs and Border Protection for their efforts and ongoing support and assistance with the case.
The criminal case is being handled by the Office’s Complex Frauds Unit, and Assistant U.S. Attorneys Dina McLeod and Dominika Tarczynska are in charge of the prosecution.
The civil case is being handled by the Office’s Civil Frauds Unit, and Assistant U.S. Attorneys Dominika Tarczynska and Jean-David Barnea are in charge of the matter.
The charges contained in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the indictment and the civil complaint, and the descriptions of the indictment and civil complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Man from Missouri sentenced to 18 months in prison for failure to surrender to serve prison sentenceRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Gary Lynn Ward, 51, of St. Charles, Missouri, was sentenced on Wednesday by United States District Judge Terry Doughty to serve 18 months in prison. Ward pleaded guilty on March 6, 2019, to an indictment charging him with failure to surrender for service of sentence. The 18-month sentence will run consecutive to the previous 46-month prison sentence he received on June 29, 2015, resulting in a total of 64 months in prison.
Ward, who is a former resident of Ouachita Parish, pleaded guilty in U.S. District Court, Western District of Louisiana, on March 9, 2015, to conspiracy to distribute anabolic steroids, and was sentenced on June 29, 2015, to 46 months in prison. He was required to self-surrender on August 3, 2015, but Ward filed a motion on July 23, 2015, to extend his reporting date, which was granted. His self-surrender date was then set for September 14, 2015.
Ward’s spouse contacted the U.S. Marshals Service in Shreveport on the day of his surrender to inform them that they were traveling by car to St. Louis, Missouri, so Ward could report to U.S. Marshals Service there. While at a gas station, Ward stated that he was “not going back to jail,” forced his wife out of the car and sped away. He never reported to the U.S. Marshals Service in St. Louis or his designated Bureau of Prisons facility at FCI Forrest City Low, in Forrest City, Arkansas. Law enforcement agents arrested Ward on January 7, 2017, in the St. Louis, Missouri, area for failing to report to prison.
The U.S. Marshals Service and the U.S. Bureau of Prisons investigated the case. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
MS-13 Member Sentenced for Unlawful Possession of a FirearmRead the Press Release
BOSTON – An MS-13 member was sentenced yesterday for being an illegal alien in possession of a firearm and ammunition.
Nery Rodriguez Diaz, 19, a Salvadoran national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 14 months in prison and three years of supervised release. Diaz will also be subject to deportation proceedings upon completion of his sentence.
On May 22, 2018, Diaz and another MS-13 member, Elmer Alfaro Hercules, were arrested in possession of loaded firearms in Bremen Street Park in East Boston, a location where numerous MS-13 gang members have been observed and where gang-on-gang violence frequently occurs.
The investigation revealed that Diaz and Hercules each separately and unlawfully entered the United States in 2014 as unaccompanied minors. Both Diaz and Hercules were charged federally for being aliens in possession of a firearm and ammunition.
Hercules previously pleaded guilty and was sentenced to 13 months in prison and three years of supervised release. Hercules will also be subject to deportation proceedings after the completion of his sentence.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Suffolk County District Attorney Rachel Rollins; Boston Police Commission William Gross; and Chelsea Police Chief Brian Kyes made the announcement today.
Los Angeles Dentist Sentenced to 40 Months in Prison for Role in $3.8 Million Health Care Fraud SchemeRead the Press Release
A Los Angeles, California-based dentist was sentenced to 40 months in prison today for his role in a $3.8 million health care fraud scheme in which he billed numerous dental insurance carriers for crowns and fillings that were never provided to patients.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Acting Assistant Director in Charge John P. Selleck of the FBI’s Washington, D.C. Field Office and Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Field Office made the announcement.
Benjamin Rosenberg, D.D.S., 59, of Los Angeles, was sentenced by U.S. District Judge John A. Kronstadt of the Central District of California, who also ordered Rosenberg to pay $1,414,011.59 in restitution. Rosenberg pleaded guilty on Jan. 31, 2019, to one count of health care fraud.
As part of his guilty plea, Rosenberg admitted that he submitted and caused to be submitted approximately $3,853,931 in false and fraudulent claims to various insurance companies for dental care that he knew had not been rendered. Rosenberg further admitted that he submitted these false and fraudulent claims to Denti- Cal (California Medi-Cal Dental Program), Metlife, Anthem, Cigna, Delta Dental, Guardian, LMCO-DHA, United Healthcare and United Concordia (the carriers), which caused the carriers to pay Rosenberg approximately $1,415,011.
This case was investigated by the FBI. Trial Attorney Emily Z. Culbertson of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Long Island Man Sentenced to More Than 10 Years’ Imprisonment for Stealing More Than $1 Million from Dead Woman’s Estate and for Possession of Child PornographyRead the Press Release
John Derounian was sentenced today in federal court in Central Islip by United States District Judge Joan M. Azrack to 51 months’ imprisonment for mail fraud and 70 months’ imprisonment for possession of child pornography, to run consecutively, for a total sentence of 121 months’ imprisonment. The Court also ordered him to pay $1,403,209.17 in restitution for his theft of more than $1.2 million from the estate of a deceased victim (Jane Doe), and a $10,000 fine. Derounian pleaded guilty to the charges in June 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the sentence.
“Derounian’s crimes were unconscionable and today’s sentence is well deserved,” stated United States Attorney Donoghue.
“When it comes to evil deeds, there is nothing more despicable than preying on children and robbing the dead. Today’s sentence is a lesson in karma and justice; when you break the law, your crimes will eventually be exposed,” stated USPIS Inspector-in-Charge Bartlett.
On November 12, 2015, Derounian claimed to have found the body of his tenant, Jane Doe, inside her Sea Cliff residence. He then telephoned and emailed employees at Morgan Stanley, in an attempt to obtain over $200,000 from Doe’s account. As a further part of the scheme, Derounian forged a will naming himself executor and sole beneficiary of Doe’s estate, had the body of Doe cremated, sold Doe’s real property for over $1 million, and transferred the proceeds into bank accounts he controlled.
The government’s case is being handled by the Office’s Long Island Criminal and Civil Divisions. Assistant United States Attorney Mark E. Misorek is in charge of the prosecution, and Assistant United States Attorney Robert W. Schumacher of the Office’s Civil Division is handling matters relating to forfeiture.
The Defendant:
JOHN DEROUNIAN
Age: 51
Sea Cliff, New YorkE.D.N.Y. Docket No. 16-412 (S-1) (JMA)
Lawton Man Pleads Guilty to Explosives and Gun ChargesRead the Press Release
OKLAHOMA CITY – PHILIP JAMES HEATH, 51, of Lawton, has pleaded guilty to being a felon in possession of both explosives and firearms, announced Timothy J. Downing, United States Attorney for the Western District of Oklahoma.
On February 4, 2019, Heath was charged by complaint with possession of firearms after a felony conviction. According to an affidavit executed by a special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, on the morning of January 30, 2019, officers of the Lawton Police Department responded to a 911 call regarding a domestic disturbance at an apartment. The woman who made the call allegedly told the dispatcher Heath had pointed a gun at her and threatened her. The complaint explained that after the responding officers detained Heath, they saw the buttstock of a rifle in plain view, sticking out from between a mattress and box springs. It was alleged they ultimately discovered three pistols and two rifles. Because of items discovered in the apartment, numerous FBI personnel responded immediately to assess and mitigate any threat and to ensure public safety.
On April 3, a federal grand jury returned a two-count indictment that alleged not only illegal possession of firearms, but also illegal possession of explosives, which under the relevant criminal statute includes detonating cord. The indictment sought forfeiture of five firearms, 1,404 rounds of various kinds of ammunition, and two lengths of detonating cord.
Today Heath pleaded guilty to both counts. At sentencing, which will take place in approximately ninety days, he faces a potential penalty on each count of ten years in prison, a fine of $250,000, and three years of supervised release.
Heath has been in the custody of the U.S. Marshals Service since early March.
This case is a result of an investigation by the Lawton Police Department, the Oklahoma Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the FBI Oklahoma City Division. Prosecuted by Assistant U.S. Attorneys Brandon Hale and Travis D. Smith, the case is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.
Reference is made to public filings for more information.
Lawton Hospital, Two Physicians, and a Nurse Practitioner to Pay $155,000 to Settle Civil Penalty ClaimsRead the Press Release
Oklahoma City – COMANCHE COUNTY MEMORIAL HOSPITAL; SCOTT MICHENER, M.D.; MICHAEL RAMOS, M.D.; and ERNESTINE OLSON, A.P.R.N., have agreed to pay a combined $155,000 to settle civil penalty claims stemming from allegations they violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Timothy J. Downing.
Michener, Ramos, and Olson are medical providers who worked in clinics affiliated with Comanche County Memorial Hospital in Lawton, Oklahoma. The United States alleges that from October 10, 2016, to October 19, 2018, the hospital and the individual providers did not maintain proper records related to orders of testosterone filled by the hospital and requested by Michener, Ramos, and Olson. The hospital’s purchase and delivery records did not contain the required names, addresses, and DEA registration numbers of the individual providers to whom the controlled substances were distributed, and the purchase and delivery records maintained by the individual providers did not contain the required names, addresses, and DEA registration numbers of the supplier or the actual date of receipt.
To resolve these allegations, the hospital agreed to pay $70,000, Michener and Ramos each agreed to pay $35,000, and Olson agreed to pay $15,000 to the United States.
In reaching this settlement, the hospital and the individual providers did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration, Office of Diversion Investigation. Assistant U.S. Attorneys Ronald R. Gallegos and Amanda R. Johnson prosecuted the case.
Lawrence Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD - Anthony Cabrera, 27, of Lawrence, pleaded guilty in federal court to distribution of fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on March 12, 2019, the defendant traveled from Massachusetts to New Hampshire and sold approximately 49 grams of fentanyl to an undercover officer in Salem, New Hampshire.
Cabrera is scheduled to be sentenced on September 23, 2019.
“Stopping interstate fentanyl trafficking is a primary goal for law enforcement in New Hampshire,” said U.S. Attorney Murray. “In order to prevent the distribution of this lethal drug, we will prioritize coordination with all of our law enforcement partners to identify, arrest, and prosecute those who are responsible for bringing this deadly substance into the Granite State.”
This matter was investigated by the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski.
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Las Vegas Woman Indicted for Using over 40 Stolen Identities to Collect $170,000 in Unemployment InsuranceRead the Press Release
LAS VEGAS, Nev. – A Las Vegas woman was arrested and arraigned Wednesday in federal court in connection to a 13-count indictment for using more than 40 stolen identities to collect $170,000 in fraudulent unemployment insurance benefits, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
Danielle Lacharis Buck, aka “Danielle Lacharis Lakey,” 42, was charged with three counts of mail fraud, four counts of wire fraud, one count of using an unauthorized access device, and five counts of aggravated identity theft. United States Magistrate Judge Carl W. Hoffman scheduled a trial date for August 12, 2019.
According to allegations in the indictment, which was unsealed yesterday, from about September 2010 to April 2019, Buck participated in a scheme to defraud the California Employment Development Department (EDD) into paying her more than $170,000 in unemployment insurance benefits. As part of the scheme, Buck fraudulently obtained personal identifying information, such as names, dates of birth, and social security numbers of unsuspecting individuals, and then electronically filed false unemployment claims using the stolen names and information. She filed more than 50 false unemployment insurance claims using more than 40 different identities. When EDD approved one of Buck’s false claims, Bank of America mailed her an electronic benefits payment debit card loaded with unemployment insurance benefits. Buck then used the debit card to withdraw the benefits in the form of cash from ATMs in the Las Vegas and Los Angeles metropolitan areas.
The EDD is the administrator of the federally funded unemployment insurance benefit program for residents of the State of California.
If convicted, the maximum penalty is 160 years in prison.
The case was investigated by the Department of Labor-Office of the Inspector General and the California Employment Development Department. Assistant United States Attorney Tony Lopez is prosecuting the case.
Charges contained in an indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Large-Scale Counterfeit Fentanyl Pill Dealer Convicted at TrialRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces that a federal jury has found Dion Gregory Fisher (33, formerly of Seminole) guilty of conspiring to manufacture and distribute fentanyl and fentanyl analogue, and money laundering. Because Fisher was convicted of distributing more than 400 grams of fentanyl and more than 100 grams of fentanyl analogue, he faces a mandatory minimum sentence of 10 years, up to life, in federal prison. In addition to the conspiracy count, the jury found Fisher guilty of five counts of fentanyl distribution and manufacturing and eight counts of committing money laundering transactions involving more than $10,000 of narcotics proceeds. A preliminary order of forfeiture was entered for several high-end vehicles, real property, and jewelry that Fisher had purchased with fentanyl proceeds, as well as for cash proceeds. A sentencing date has not yet been set.
According to the testimony and evidence presented at trial, Fisher and others, including Christopher McKinney, manufactured and distributed hundreds of thousands of counterfeit oxycodone 30 mg blue and white pills that were made with fentanyl, that Fisher had ordered from China. Fisher ordered pill presses from China, some of which were seized by Homeland Security. He also purchased binding and cutting agents used during the pill-manufacturing process. Fisher and McKinney distributed thousands of fentanyl pills to Phil Morose, formerly of Boston, in person when Morose traveled to Tampa, and later by U.S. mail to various addresses in Boston.
Fisher was charged with his co-defendant, Sam Huffman, who had used the pill presses and materials provided by Fisher to press fentanyl pills at his automotive business in Pinellas Park. Fisher also stored fentanyl and fentanyl analogue in a work bay in Clearwater. In January and February 2018, large quantities of fentanyl and fentanyl analogue were seized from both locations, as well as from Fisher’s residence in Seminole, and McKinney’s residence and work bay. More than three kilograms of fentanyl and fentanyl analogue were admitted into evidence during the seven-day trial.
Fisher laundered the proceeds from his fentanyl pill sales with Konrad Guzewicz, who owned and operated automotive and tire-and-rim companies in Pinellas County. Fisher purchased several high-end luxury vehicles, including an Aston Martin, a Bentley, a Maserati, a BMW, and an Audi R8, with fentanyl proceeds. Guzewicz also laundered fentanyl cash proceeds for Fisher. On four occasions, Fisher provided Guzewicz with $35,000 in cash he had obtained from selling fentanyl pills, and Guzewicz in turn wrote Fisher a $30,000 check from his business and personal accounts.
On June 28, 2018, Guzewicz pleaded guilty to four counts of money laundering. He faces up to 10 years in federal prison for each count. His sentencing hearing is scheduled for July 2, 2019.
On July 2, 2018, McKinney pleaded guilty to conspiring to distribute and manufacture more than 4000 grams of fentanyl and more than 100 grams of fentanyl analogue. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for June 28, 2019.
On October 9, 2018, Huffman pleaded guilty to the fentanyl conspiracy and is scheduled to be sentenced on June 24, 2019. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison.
On January 26, 2019, Morose pleaded guilty to conspiring to distribute and manufacture more than 4,000 grams of fentanyl and more than 100 grams of fentanyl analogue. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for July 8, 2019. In a related case, Morose has been indicted on one count of money laundering in Boston.
This case was investigated by the Middle District of Florida Opioid Fraud and Abuse Detection Unit – one of 12 Department of Justice pilot programs created to help combat the devastating opioid crisis that is ravaging families and communities across America and to prosecute individuals that are contributing to the opioid epidemic. It was investigated by the Drug Enforcement Administration, the Pinellas County Sheriff’s Office, the Pinellas Park Police Department, the Tarpon Springs Police Department, the United States Postal Inspection Service, the U.S. Marshals Service, and IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen, Maria Guzman, and Greg Pizzo.
KC-Area Man Sentenced for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., area man was sentenced in federal court today for illegally possessing a firearm.
Seneca Harrison, 36, was sentenced by U.S. District Judge Stephen R. Bough to seven years and eight months in federal prison without parole.
On Dec. 10, 2018, Harrison was found guilty at trial of being a felon in possession of a firearm. Harrison was in possession of a loaded Maverick by Mossberg 12-gauge pump action pistol grip shotgun with an obliterated serial number.
A Blue Springs, Mo., police officer conducted a traffic stop of Harrison’s vehicle on April 9, 2018. Harrison was driving a silver GMC Yukon eastbound on 40 Highway. When Harrison stopped his vehicle, he got out of the vehicle and began to walk away. The officer told Harrison to return to his vehicle, but Harrison continued walking away. When the officer attempted to detain Harrison, he resisted by pulling away and pushing the officer. During this interaction, the officer observed the strong odor of alcohol coming from Harrison’s breath. According to court documents, it was later determined that his blood alcohol content was nearly double the legal limit several hours after he was driving his vehicle.
Another officer arrived on the scene and saw the shotgun in the driver’s seat of Harrison’s vehicle. Harrison was arrested. Harrison kicked the rear door of the patrol vehicle while he was being transported to the Blue Springs jail, yelled profanities and threatened to assault the officers. Upon arrival at the jail, Harrison continued to be combative as he threatened and cursed at the officers.
When placed in a holding cell, according to court documents, Harrison removed a small plastic baggie from his sock that contained a white powdery substance and flushed it down the toilet. It was never determined what the baggie contained, but an empty prescription pill bottle that contained residue that field tested positive for methamphetamine was located in Harrison’s cell. Harrison said, “Oh yeah that’s mine. It’s got my name on it.” Harrison continued to be combative and refused to provide a breath test. He was transported to St. Mary’s Hospital for a blood draw. While at the hospital, Harrison said, “I’m kinda glad you guys got me. You knew I was going to kill someone tomorrow. I was about to go away for a long time.” Harrison uttered this multiple times in various ways.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Harrison has two prior felony convictions for burglary and prior felony convictions for unlawful possession of a firearm, stealing, unlawful use of a weapon, and possession of marijuana. He was on parole for illegally possessing a firearm at the time of this offense.
According to court documents, Harrison used a firearm to break into an occupied residence in April 2008; he then pointed the firearm at victims in the residence, and stole property. While still on parole for the April 2008 incident, in March 2016 he threatened an estranged girlfriend, broke into her residence, and fired a firearm into the residence. Harrison has displayed belligerent and threatening behavior in other incidents, according to court documents, including against law enforcement in Clinton County, Mo., related to a drunk driving arrest, against a Wal-Mart employee and a security officer when a money transfer could not be completed, and when he inflicted bodily injury on an estranged girlfriend.
Harrison has also been charged in Jackson County Circuit Court with a felony offense of driving while intoxicated and with several misdemeanor offenses related to the incident that resulted in this federal prosecution.
This case was prosecuted by Assistant U.S. Attorneys Matthew Moeder and Ashleigh Ragner. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Blue Springs, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.KC Man Sentenced to 25 Years for Drug Trafficking That Led to Kidnapping, TortureRead the Press Release
KANSAS CITY, Mo. – Two men have been sentenced in federal court this week for their roles in a drug-trafficking conspiracy that led to the kidnapping and torture of an Independence, Mo., man.
Gerald L. Holmes, also known as “Jerry” or “Joker,” 27, and Richard M. Phoenix, also known as “Snake,” 77, were sentenced in separate appearances before U.S. District Judge Greg Kays. Holmes was sentenced to 25 years in federal prison without parole. Phoenix was sentenced to five years in federal prison without parole.
On Aug. 17, 2018, Holmes pleaded guilty to one count of conspiracy to commit kidnapping, one count of kidnapping, one count of conspiracy to distribute 50 kilograms or more of marijuana, and one count of brandishing firearms in furtherance of a drug-trafficking crime.
During the conspiracy, which lasted from May 1 to Sept. 13, 2016, co-defendant Jeremy R. Bond, 40, of Independence, invested $10,000 into the marijuana operation. In return, he received $1,000 a week as interest and free marijuana until the entire principal investment was repaid in full. This investment allowed Holmes and a co-conspirator, identified in court documents as “C.H.” (who had made four trips to Colorado with Gerald Holmes), to purchase greater quantities of marijuana per trip. Once it reached the greater Kansas City metropolitan area, the marijuana was then resold by Gerald Holmes and C.H.
Conspirators purchased at least 120 pounds of marijuana from co-defendant Michael C. Borrusch, also known as “Birdie,” 43, of Lakewood, Colo., for which they made more than a dozen trips between Colorado and Kansas City. Holmes paid Borrusch between $1,600 to $2,400 per pound, depending on the type and quality of marijuana available. Holmes’s father and co-defendant, Randal G. Holmes, also known as “Peckerwood” or “Wood,” 54, of Kansas City, Mo., received $100 for every pound of marijuana brought back to Kansas City because of his prior connection to Borrusch, who was previously his supplier.
On Sept. 12, 2016, Gerald and Randal Holmes agreed to kidnap C.H. because he stole $16,000 that was intended for the purchase of marijuana. C.H. spent the money in Las Vegas, Nev.
They arrived at the Independence, Mo., residence of the victim’s father, identified as “W.H.,” on Sept. 12, 2016. During their conversation, Gerald Holmes removed a firearm from his waistband and placed it on a table in front of W.H. They told W.H. to call C.H. and tell him he was being held at gunpoint and that C.H. needed to come to the residence right away. When C.H. arrived at the residence, Randal Holmes pointed a firearm at him and told him to get into his vehicle. While in the vehicle, Gerald Holmes struck, punched, and choked C.H. as Randal Holmes drove away.
They took C.H. to Randal Holmes’s residence, where they met Phoenix, who was living with Randal Holmes and his wife. C.H. was taken to the basement, where he was assaulted with fists, a hammer, and tin snips/clippers. Gerald Holmes attempted to remove the victim’s pinkie finger and a toe. During the assault, Randal Holmes repeatedly demanded that C.H. disclose where the duffle bag containing the money was located. Randal and Gerald Holmes left to retrieve the duffle bag while Phoenix held C.H. at gunpoint with instructions to shoot him if he got off the desk he had been sitting on.
Randal Holmes later drove C.H. to a rural residence near Edwards, Mo. As Randal Holmes drove them to the residence, Gerald Holmes continued to strike C.H. with fists and the butt of a firearm. When they arrived at the residence, C.H. was told to call his father and to tell him that he was okay, that he had taken a beating, that he would be home in a couple of days, and that he deserved what had happened.
Law enforcement officers were able to trace the telephone call and on Sept. 13, 2016, officers were able to locate C.H. and arrest the conspirators. Officers observed that C.H. had suffered multiple, visible injuries to his face, head, hands, and feet. Officers noted that C.H. had trouble walking, that his face was black and blue, as well as swollen with traces of dried blood. Upon receiving medical treatment, it was determined that C.H. had also suffered a fracture in his left hand.
Officers found a Jimenez Arms 9mm pistol in Randal Holmes’s vehicle and a Hi-Point 9mm pistol in the residence where C.H. had been held. Officers also found an FN Herstal .40-caliber pistol, a Remington .270-caliber rifle, an RG .22-caliber revolver, a Ruger .22-caliber rifle, a Mossberg .20-gauge shotgun, 36.4 grams of marijuana, and drug paraphernalia in another residence.
Gerald Holmes and Phoenix are the final defendants to plead guilty and be sentenced in this case. Randal Holmes was sentenced to 15 years in federal prison without parole. Borrusch was sentenced to 3 years and 10 months in federal prison without parole. Jeremy R. Bond, 40, of Independence, was sentenced to two years and six months in federal prison without parole.
This case was prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Benton County, Mo., Sheriff’s Department, the Missouri State Highway Patrol and the FBI.
Justice Department Reaches Agreement with McKinley County, New Mexico, to Ensure Accessible VotingRead the Press Release
The Department of Justice today reached a settlement under the Americans with Disabilities Act (ADA) with McKinley County, New Mexico, to ensure that the County’s polling places are accessible to individuals with mobility and vision impairments. The County is home to the Zuni Pueblo and parts of the Navajo Nation, and more than two dozen of the County’s polling places are located on Indian reservations.
Based on a complaint, the Department of Justice surveyed and assessed the County’s voting program for compliance with the ADA. The Department’s survey identified architectural barriers under the ADA at County polling places, including inaccessible parking, ramps that were too steep, and doorways that were too narrow. Under the ADA, counties that conduct local, state, or federal elections may not select polling places that are inaccessible during elections to individuals with disabilities. Under the terms of the settlement agreement, McKinley County will begin remediating its voting program in time for its next election. To make its selected polling places accessible, the County will employ temporary measures, such as portable ramps, signage, and propped open doors, as well as certain permanent changes, such as paved parking and ramps. In addition, the County will train its poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections. Furthermore, the County will survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreement requires the County to select locations that will be accessible during elections. The Department of Justice will monitor the County’s compliance with the agreement and provide the County with technical assistance.
“Through this settlement, McKinley County will ensure that its polling places are accessible to voters with disabilities so that they have an equal opportunity to exercise one of their most fundamental rights, the right to vote,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We applaud the County’s commitment to providing equal access to the polls.”
“The right to cast a ballot and participate in elections is at the heart of our democracy,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “Disability should never stand as an impediment to the exercise of this fundamental right. Today’s settlement ensures the citizens of McKinley County that their polling places will be accessible to all eligible voters.”
This settlement is part of the Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions, including Harris County, Texas; Chicago, Illinois; Richland County, South Carolina; and Dauphin County, Pennsylvania.
For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
The settlement agreement can be found here.
Jury Finds Local Man Guilty of Being a Felon in Possession of a Firearm and Discharging WeaponRead the Press Release
Memphis, TN – After a two-day trial, a federal jury convicted a local man of being a felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the guilty verdict today.
According to information presented in court, Stephen Derring, 47, was charged in a one-count indictment with being a felon in possession of a firearm. Derring was involved in a physical altercation with patrons outside of Ralph’s Bar and Grill located at 5162 Millbranch Road in Memphis, Tennessee. After the physical altercation, Derring drove to a nearby apartment complex and returned with a firearm. Derring brandished the firearm and fired a shot before fleeing the scene back to the apartment complex. Law enforcement arrested Derring and recovered the firearm after his attempt to evade police.
Sentencing is set for September 19, 2019 before U.S. District Court Judge John T. Fowlkes, Jr., where the defendant faces a possible sentence of up to ten years in federal prison.
This case is part of Project Safe Neighborhoods (PSN) initiative, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
U.S. Attorney D. Michael Dunavant said, "Under our PSN initiative, we focus on removing firearms from the hands of prohibited persons, and removing dangerous felons from our streets. Clearly, this felon had no hesitation in committing a violent crime with a firearm,
and he will now be removed from our community for up to 10 years. We are FED UP. Gun Crime is Max Time."
The case was investigated by the Project Safe Neighborhoods (PSN) Task Force, which includes the U.S. Attorney’s Office; the Shelby County District Attorney’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Memphis Police Department; and the Shelby County Sheriff’s Office, who have all joined together to address gun-related crimes through targeted investigations and aggressive prosecution.
Assistant U.S. Attorney Marques Young is prosecuting this case on behalf of the government.
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Judge Sentences Convicted Felon for Making False Statements on Federal Background Check Form While Attempting to Purchase a FirearmRead the Press Release
Memphis, TN – A local man has been sentenced to federal prison for making false statements on an ATF Federal Background Check Form while attempting to purchase a firearm, and for being a convicted felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the sentence in the "lie-and-try" case today.
According to information presented in court, on December 2, 2017, Everette Alexander, 48, attempted to purchase a Cobra .380 handgun from Flash Pawn. Alexander completed ATF Background Check Form 4473, falsely indicating he was not a convicted felon. The Tennessee Instant Check System (TICS) denied the transaction. Alexander appealed TICS’ decision, and was given a conditional proceed and paid $50 cash toward the purchase. On December 16, 2017, Alexander returned to Flash Pawn and paid $ 195.71 to finalize the purchase, and took possession of the firearm.
On December 8, 2017, TICS faxed a form to the Shelby County General Sessions and Criminal Court Clerk’s Office to determine if Alexander was a prohibited person due to a prior conviction. On January 31, 2018, Shelby County Criminal Court Clerk’s Office responded indicating that Alexander had a felony conviction in 1995 for possession of marijuana with intent to sell.
ATF received notice on February 12, 2018, that TICS delayed denial for Alexander. ATF law enforcement notified Alexander and gave him the option to transfer the gun or return it to Flash Pawn. Alexander agreed to return the gun to Flash Pawn. Although ATF arranged to have Alexander return the firearm, he never arrived to return the firearm. After evading law enforcement, Alexander finally returned the firearm to Flash Pawn and received store credit for the purchase.
U.S. Attorney D. Michael Dunavant said, "Prosecutions of violent crimes must be paired with proactive prevention efforts to keep guns out of the hands of criminals and other prohibited persons. A valuable tool in this prevention effort is the ATF Background Check Form 4473, which must be completed before a federally licensed firearms dealer sells or transfers a firearm. Criminals and other prohibited persons who attempt to thwart the background check process by lying on the required forms threaten to undermine this important crime prevention tool, and such conduct cannot be tolerated. Let this serve as a warning: This office will vigorously prosecute and hold accountable any prohibited persons who attempt to illegally obtain a firearm in these ‘lie-and-try’ cases."
On June 5, 2019, U.S. District Court Judge Mark Norris sentenced Alexander to 10 months imprisonment followed by 2 years supervised release.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated this case.
Assistant U.S. Attorney P. Neal Oldham prosecuted this case on behalf of the government.
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Iowa Man Pleads Guilty in Federal Court to Interstate Transportation of a Minor for ProstitutionRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon announced that Mark Spicer, a/k/a Chief, age 24, of Iowa, pleaded guilty in federal court to one count of interstate transportation of an individual under the age of eighteen for purposes of prostitution. Spicer faces a mandatory minimum sentence of ten years imprisonment up to life. There is no parole in the federal system. A sentencing hearing will be held at a later date.
Evidence presented to the court established that in or around August 2018, Spicer and a co-defendant transported the minor victim to Myrtle Beach, South Carolina, with the intent that the minor would engage in prostitution after leaving Iowa and having traveled to Illinois, Tennessee, and Georgia. Spicer and a co-defendant placed advertisements for commercial sex featuring the minor victim on websites during this time period.
The case was investigated by agents of the Federal Bureau of Investigation and the Myrtle Beach Police Department. Assistant United States Attorneys Carrie Fisher Sherard and Lauren Hummel and Special Assistant United States Attorney Scott Hixson prosecuted the case.
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Illegal alien, formerly on ICE most wanted list, sentenced for immigration violationsRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that a 49-year old Mexican National, who was formerly on ICE’s Most Wanted list, has been sentenced to serve time in federal prison for immigration violations.
Jose Melchor Martinez, of San Luis Potosi, Mexico, pleaded guilty on January 30, 2019, to illegal reentry of a removed alien and was sentenced today to 18 months in federal prison by U.S. Chief District Judge S. Maurice Hicks Jr.
At the time of Martinez’s arrest near Church Point, Louisiana, on October 12, 2018, U.S. Immigrations and Customs Enforcement considered Martinez one of its most wanted fugitives. He was removed from the United States on September 6, 2003 via the Hidalgo, Texas, port of entry following a 2002 conviction in Mecklenburg County, North Carolina, for indecent liberties with a child. After serving time for the conviction, he was removed from the United States but later returned on an unknown date. Martinez faces deportation upon finishing his prison term.
U.S. Immigrations and Customs Enforcement Removal, Office of Enforcement and Removal Operations investigated the case. Assistant U.S. Attorney David J. Ayo prosecuted the case.
Illegal alien sentenced to 2 years in prison for unlawfully re-entering country twiceRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that a 25-year old Mexican national living in the Monroe, Louisiana, area has been sentenced to prison for federal immigration violations.
Eliezer Merino-Tetlactle pleaded guilty on March 6, 2019 to illegal reentry of a removed alien and was sentenced yesterday to 24 months in federal prison by U.S. District Judge Terry Doughty.
According to information presented in court, West Monroe police arrested Merino-Tetlactle on August 23, 2018 for carnal knowledge of a juvenile, computer aided solicitation of a minor, possession of marijuana and contributing to the delinquency of a juvenile. His background check showed that he had been previously removed twice from the United States at the port of entry in Laredo, Texas on July 29, 2012 and September 12, 2012. He later re-entered the United States on an unknown date.
United States Immigrations and Customs Enforcement, Homeland Security Investigations and the West Monroe Police Department investigated the case. Assistant U.S. Attorney Leon H. Whitten prosecuted the case.
Illegal Alien Charged with Fraudulent Use of A Social Security Number and Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Elizabeth Farina-Torres (42, Orange Park) with five counts of fraudulent use of a Social Security number (SSN) and five counts of aggravated identity theft. If convicted, she faces up to five years in federal prison on each count of fraudulently using an SSN, and a mandatory penalty of two years’ imprisonment for each identity theft charge. The United States also notified Farina-Torres that it will seek restitution for the victim of the offenses.
According to court documents, in approximately 2008, Farina-Torres, an undocumented alien and a citizen of the Dominican Republic, began using an SSN belonging to a U.S. citizen with a similar name and the same date of birth. In 2017, the Orange Park Medical Center reported to the Clay County Sheriff’s Office (CCSO) a complaint from the citizen-victim that someone had used her SSN at the hospital four times in 2016. Hospital records showed that the person who had used the SSN was Farina-Torres.
The victim, who lived in Palm Beach County, told investigators that her credit report reflected collection accounts totaling $4,583.92 arising from the four hospital visits. The credit report also reflected two fraudulently obtained credit cards and charges from a Jacksonville radiology office in the amount of $3,947. The victim also had received calls from collection agencies about accounts that were fraudulently opened by Farina-Torres. The victim stated that she has spent countless hours repairing the credit issues caused by Farina-Torres, that she had to engage a credit monitoring and repair service to assist her, and that her credit score was damaged as a result of Farina-Torres’s actions.
Further, in July 2016, the victim was mistakenly arrested at Miami International Airport pursuant to a warrant issued in Massachusetts for the arrest of Farina-Torres. The victim was detained before eventually convincing law enforcement that she was a victim of identity theft.
During the investigation, CCSO learned that Farina-Torres had used the victim’s SSN at an Orange Park rental furniture store in April 2015. Farina-Torres failed to make the required payments for the furniture and most of the furniture was repossessed, except for some mattresses that Farina-Torres said had been damaged and thrown out. Farina-Torres was charged with failure to redeliver leased property, but the charge was subsequently dropped.
An indictment is merely a formal charge that a defendant has violated one or more of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations and the Clay County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Guatemalan Man Sentenced for Unlawful Reentry After RemovalRead the Press Release
Gulfport, Miss. – Ramiro Tzul, 27, a citizen of Guatemala, was sentenced yesterday by U.S. District Judge Louis Guirola, Jr. to “time served” (or 121 days of federal imprisonment), followed by one year of supervised release, for the unlawful reentry by an alien after removal, announced U.S. Attorney Mike Hurst, Special Agent in Charge Jere T. Miles with Immigration & Customs Enforcement's Homeland Security Investigations (HSI) in New Orleans, and Gregory K. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Upon release from his federal prison sentence, Tzul will remain in the administrative detention custody of the U.S. Department of Homeland Security, Immigration & Customs Enforcement. Tzul will face removal proceedings to remove him from the United States back to his home nation of Guatemala. As a result of this felony conviction, if Tzul were to unlawfully return to the U.S., he could face up to ten years in federal prison. Tzul pled guilty before Judge Guirola on March 14, 2019.
On February 5, 2019, on Interstate-10 in Jackson County, Mississippi, a U.S. Border Patrol Agent conducted a traffic stop on a 2005 Honda Odyssey displaying a temporary Texas license plate. The agent requested a driver’s license from the driver, who was identified as Mr. Ricardo Tiul-Cuc, the uncle of Ramiro Tzul. Tiul-Cuc did not have a driver’s license but provided a Guatemalan identification card. The agent also identified two passengers, an adult man who was identified as Ramiro Tzul, and an adult woman, lying down across the back seats.
The three occupants admitted that they were citizens of Guatemala and did not possess the proper documents to be in the United States legally. They were arrested by the Border Patrol and transported to the Gulfport Border Patrol office for processing. Further investigation revealed that both Tiul-Cuc and Tzul had been previously removed from the United States.
Ricardo Tiul-Cuc, also from Guatemala, was prosecuted for the same felony offense of unlawful reentry by an alien after removal. He pled guilty before Judge Sul Ozerden and was sentenced on April 16, 2019 to 3 months in prison followed by one year of supervised release.
“This case highlights that HSI will not allow illegal aliens to travel through a revolving door into the U.S.,” said HSI New Orleans Special Agent in Charge Jere T. Miles. “We will continue to work with our law enforcement partners to protect our legal immigration system and hold those accountable who flagrantly violate those laws.”
U.S. Attorney Hurst praised the teamwork and cooperation exhibited by the Department of Homeland Security, the U.S. Border Patrol, and Homeland Security Investigations. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Grand Jury Indicts Champaign Couple Charged in Counterfeit Check SchemeRead the Press Release
URBANA, Ill. – Initial appearances have been scheduled for two Champaign, Ill., residents facing charges of engaging in a counterfeit check scheme. Stephanie Lemons, 41, of the 1300 block of Hanover, and Tommie Slayton, 34, of the 3700 block of Harbor Estates Lane, are scheduled to appear for arraignment in federal court in Urbana on June 19, 2019.
The federal grand jury in Springfield returned a 20-count indictment on June 5, 2019, that charges the couple with conspiring together and with others to engage in a scheme to pass more than 120 counterfeit checks from July through December 2018. The indictment alleges that during this time, Lemons and Slayton made and presented counterfeit checks at Walmart Stores in Champaign and Bloomington, Ill., and forged checks at Heartland Bank.
Specifically, both Lemons and Slayton are charged with one count of conspiracy to engage in the scheme. In addition, Lemons is charged with six counts of counterfeit securities fraud, six counts of wire fraud, and seven counts of bank fraud. In addition to the conspiracy charge, Slayton is charged, along with Lemons, with the seven counts of bank fraud.
If convicted, the maximum statutory penalty for conspiracy is five years in prison; for each count of counterfeit securities fraud, the maximum penalty is ten years in prison; wire fraud carries a penalty of up to 20 years in prison for each offense; and, for bank fraud, the penalty is up to 30 years in prison.
The charges are the result of investigation by the FDIC Office of Inspector General and the Champaign and Urbana Police Departments, in cooperation with the Champaign County State’s Attorney’s Office. The government is represented by Assistant U.S. Attorneys Elly M. Peirson and Meredith T. Reiter in the prosecution.
Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.
Gang Member Charged in Manhattan Federal Court with Racketeering, Narcotics, and Firearms OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced the unsealing today of a Superseding Indictment charging ALJERMIAH MACK, a/k/a “Nuke,” with racketeering, narcotics, and firearms offenses in connection with his membership in, and association with, the Nine Trey Gangsta Bloods, also known as “Nine Trey.” The Superseding Indictment also contains charges against defendant ANTHONY ELLISON, a/k/a “Harv,” who was charged in a previous indictment with racketeering and firearms offenses. The charges against ELLISON remain the same.
MACK was taken into custody this afternoon. He will be presented and arraigned before Chief U.S. Magistrate Gabriel W. Gorenstein later today. The case is assigned to U.S. District Judge Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Superseding Indictment, Aljermiah Mack, like his Nine Trey co-conspirators, engaged in brazen acts of gun violence and narcotics dealing. Thanks to our remarkable partners at HSI, ATF, and the NYPD, he now faces federal charges for his serious crimes.”
As alleged in the Superseding Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, and MDMA.
The Superseding Indictment charges MACK and ELLISON with racketeering and firearms offenses. Count One of the Superseding Indictment charges MACK and ELLISON with participating in a racketeering conspiracy for their criminal involvement in Nine Trey. Count Two charges MACK and ELLISON with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy. Counts Three through Five charge ELLISON in connection with his kidnapping and assaulting another member of Nine Trey near the intersection of Bedford Avenue and Atlantic Avenue in Brooklyn on or about July 22, 2018. Count Six charges MACK with conspiracy to distribute heroin, fentanyl, and MDMA, from in or about 2015 to in or about 2018. Count Seven charges MACK with using and carrying a firearm in connection with the narcotics conspiracy.
* * *
A chart containing the charges and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the New York City Police Department. He also thanked the New York City Department of Correction’s Intelligence Bureau for its assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
ALJERMIAH MACK (age 33)
ANTHONY ELLISON (age 31)
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
ALJERMIAH MACK
ANTHONY ELLISON
Life in prison
Mandatory minimum of 10 years in prison
3
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
Life in prison
4
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
20 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
ANTHONY ELLISON
Life in prison
Mandatory minimum of 7 years in prison
6
Conspiracy to distribute narcotics
21 U.S.C. § 846
ALJERMIAH MACK
Life in prison
Mandatory minimum of 10 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking offense
18 U.S.C. § 924(c)
ALJERMIAH MACK
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
GBK Gang Member Pleads Guilty to Distributing HeroinRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, pleaded guilty in federal court to a charge of conspiracy to distribute a quantity of heroin, United States Attorney Scott W. Brady announced today.
Rashem Littleberry, 29, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the Greenway Boy Killas (GBK) street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Rashem Littleberry and his co-conspirators conspired to distribute quantities of heroin.
Judge Schwab scheduled sentencing for October 9, 2019 at 9 a.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Rashem Littleberry.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Four Sentenced in Connection with Arson at 400 Main Street in Winooski, Vermont and Conspiracy to Distribute Heroin and CocaineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Bryant McCray, 33, and Lateek Cargo, 32, both formerly of Brooklyn, New York, have been sentenced on charges of arson and conspiracy to distribute heroin and cocaine. The charges stem from an April 2016 arson at 400 Main Street in Winooski, Vermont and a years-long drug-trafficking conspiracy involving large quantities of heroin and cocaine. Justin Johnson, 33, of Baltimore, Maryland, and Kylee Raduechel, 31, of Essex, Vermont, also have been sentenced on charges of conspiracy to distribute heroin and cocaine.
On January 22, 2019 and March 7, 2019, United States District Court Judge Christina Reiss sentenced Bryant McCray to 129 months of imprisonment and four years of supervised release and Lateek Cargo to 118 months of imprisonment and four years of supervised release. Both McCray and Cargo were jointly and severally ordered to pay restitution to the victims of the offense in the amount of $138,063.17. Judge Reiss previously had sentenced Justin Johnson to 60 months of imprisonment and four years of supervised release. Finally, on June 3, 2019, Judge Reiss sentenced Kylee Raduechel to 48 months of imprisonment followed by three years of supervised release.
As described at the defendants’ sentencings and in court records, since about late 2014, McCray, Cargo, and Johnson began coming to Chittenden County, Vermont and staying at a variety of local residences to distribute heroin and cocaine. On April 23, 2016, McCray and Cargo went to a Colchester, Vermont gas station where McCray filled a red, plastic can with gasoline. From there, McCray and Cargo went to an apartment complex on Main Street in Winooski, Vermont. Prior to April 23, 2016, Justin Johnson, a drug runner for McCray and Cargo, had been robbed of drugs and money while staying at one of the apartments in the complex. McCray and Cargo traveled to the apartment to exact revenge for the robbery of drugs and money from Johnson. While at the Winooski apartment, McCray and Cargo poured gasoline over the victim’s bedroom and lit it on fire. The fire resulted in extensive damage to the apartment building and displaced tenants, who were able to escape the rapidly spreading flames.
After the arson, Kylee Raduechel began hosting McCray and others at her residence in Essex, Vermont. McCray also possessed a firearm during the offense. In September 2016, the Drug Enforcement Administration and other members of law enforcement executed a search warrant at Raduechel’s residence that resulted in the seizure of about 30 grams of heroin and nearly 100 grams of cocaine base. Undeterred, members of the conspiracy continued to distribute controlled substances in Vermont until their arrests in 2017. All four defendants pleaded guilty before trial.
This case provides an example of the United States Attorney’s Office Violent Crime Initiative, aimed at pursuing federal prosecutions involving the intersection of drug trafficking and violence. United States Attorney Christina Nolan commended the efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Customs and Border Protection Air and Marine Operations, the Vermont State Police and the Vermont Drug Task Force, as well as the Burlington Police Department, the Essex Police Department, and the Winooski Police Department.
United States Attorney Nolan added: “This extraordinary law enforcement collaborative effort exemplifies our resolve to combat violence and drug trafficking. The defendants’ conduct was motivated by greed and they put innocent Vermont lives at risk. We will continue to deliver serious consequences for offenses of this magnitude.”
“These sentencings demonstrate ATF’s commitment to protect our communities from violent criminals that threaten our quality of life,” said ATF Special Agent in Charge Kelly D. Brady, Boston Field Division. “ATF will continue to collaborate with our law enforcement partners to eradicate violent crime and dismantle criminal organizations that threaten our neighborhoods.”
“Illegal drug distribution ravages the very foundations of our families and communities here in Vermont,” said DEA Special Agent in Charge Brian D. Boyle. “ Let these sentences be a warning to those traffickers who are coming from out of state to distribute this poison, that DEA and its local, state and federal partners will do everything in our power to bring you to justice.”
Bryant McCray is represented by Michelle Anderson Barth, Esq. Lateek Cargo is represented by Mark A. Kaplan, Esq. Justin Johnson is represented by Devin McLaughlin, Esq. Kylee Raduechel is represented by Federal Public Defender Michael L. Desautels, Esq. The United States is represented by AUSAs Paul J. Van de Graaf and John J. Boscia.
Four Broward County Residents Were Sentenced up to Life in Prison After Being Convicted at Trial for Their Roles in a String of Armed RobberiesRead the Press Release
Four Broward County residents were sentenced to terms between 34 years and life in prison today, after having been convicted at trial for their participation in a string of armed robberies using firearms. One defendant was also convicted of kidnapping four victims.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office and Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, made the announcement.
On March 15, 2019, following a four-week jury trial, all four defendants were convicted. Jerome Simmons, 31, of Fort Lauderdale, Florida, was convicted of two counts of Hobbs Act robbery, two counts of brandishing a firearm in furtherance of a crime of violence, and one count of conspiracy to commit Hobbs Act robbery. Adrian Hardy, 34, of Fort Lauderdale, Florida, was convicted of one count of Hobbs Act robbery, two counts of brandishing a firearm in furtherance of a crime of violence, one count of conspiracy to commit Hobbs Act robbery, and four counts of kidnapping. Christopher Brinson, 33, of Fort Lauderdale, Florida, was convicted of two counts of Hobbs Act robbery, one count of brandishing a firearm in furtherance of a crime of violence, and one count of conspiracy to commit Hobbs Act robbery. Emmory Moore, 34, of Coral Springs, Florida, was convicted of one count of Hobbs Act robbery, one count of brandishing a firearm in furtherance of a crime of violence, and one count of conspiracy to commit Hobbs Act robbery.
U.S. District Judge Kenneth A. Marra sentenced the defendants today. Simmons was sentenced to three consecutive life sentences. Hardy was sentenced to 480 months in prison. Brinson was sentenced to a total of 408 months in prison. Moore was sentenced to two consecutive life sentences.
According to the court record, including evidence introduced at trial, on March 3, 2017, Christopher Brinson entered Class Jewelers in Deerfield Beach, Florida and engaged one of the employee’s in conversation. Approximately, ten minutes later, Moore and Simmons entered the store, dressed in wigs, makeup and women’s clothing. They held the two employees at gunpoint and demanded they open the safe. Moore and Simmons stole jewelry and other items from the store then left in a waiting vehicle.
On March 15, 2017, historical cell site information showed that cell phones owned by Simmons, Hardy, Brinson, and Moore traveled to Spring Hill, Florida. On March 6, 2017, two men dressed as women entered Lily’s Jewelry in Spring Hill and held the owner at gunpoint while stealing the store’s merchandise. One of the individuals dropped a cellular phone, which was later tied to Moore.
On March 31, 2017, historical cell site information showed that cell phones owned by Hardy, Brinson, and Moore traveled to Valdosta, Georgia. Hotel records established that Simmons checked into a local inn that evening. On April 1, 2017, three men dressed as women entered Bishop’s Jewelers in Valdosta. While holding the business owners at gunpoint, the men stole money, jewelry, and a firearm from the store’s safe. On April 6, 2017, during a traffic stop, the Fort Lauderdale Police Department recovered the firearm stolen in that robbery from the trunk of a car driven by Moore.
On April 16, 2017, three men dressed as women, left a white Jeep and entered LSO Jewelers in Port St. Lucie, Florida. Holding the owner and an employee at gunpoint, the men attempted to steal the store’s jewelry stock. An off duty state agent called the police and reported the robbery. As police arrived, the waiting white Jeep pulled away and the men inside the store fled on foot. Port Saint Lucie officers located Simmons in a nearby hospital parking lot wearing only his underwear and a sock. Brinson, who was driving the white Jeep, was located at a nearby restaurant. Hardy escaped into a nearby retirement community and held the four residents, snowbirds from Toronto, Ontario, at gunpoint for several hours, eventually forcing them to drive him from Port St. Lucie to Fort Lauderdale.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and ATF in this matter. She thanked the Broward Sheriff’s Office, Fort Lauderdale Police Department, Port St. Lucie Police Department, Hernando County Sheriff’s Office, Valdosta Police Department, and U.S. Marshals Service for their assistance. The case was prosecuted by Assistant U.S. Attorneys Jodi L. Anton and Anita White.
Related court documents and information can be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Fort Washington Man Sentenced to 66 Months in Federal Prison for Two Separate Drug CasesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Daniel Mark Wilkerson, age 45, of Fort Washington, Maryland today to 66 months in federal prison, followed by five years of supervised release, for possession with intent to distribute more than 100 kilograms of marijuana, and in a separate case for conspiring to steal prescription drugs from federal military hospitals. Judge Grimm also ordered that Wilkerson pay restitution of $4,450,679.60, and forfeit $16,320.44.
The sentence was announced by United States Attorney for the District of Robert K. Hur; Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service - Mid‑Atlantic Field Office; and Special Agent in Charge Mark S. McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations-Metro Washington Field Office.
Wilkerson admitted that from January 2008 to June 11, 2013, he conspired with Rodger Gurdon, Issa Wasco Koroma, and others to steal Norditropon, Humatrope, Somatotropin, Botox and other branded varieties of human growth hormone from pharmacies located at Fort Belvoir Community Hospital in Fort Belvoir, Virginia; Walter Reed National Military Medical Center (Walter Reed) in Bethesda, Maryland; and the former Walter Reed Medical Center (Old Walter Reed) in Washington, D.C. They re-sold the stolen pharmaceuticals for profit.
Gurdon and Koroma were pharmacy technicians at Old Walter Reed. From January 2008 until the closure of Old Walter Reed, Gurdon stole Humatrope from the pharmacy and sold it to Wilkerson for no less than $100 per box. The cost to the government for each box of Humatrope was approximately $300. Between January 1, 2009 and June 30, 2011, the conspirators stole more than $2.1 million worth of Humatrope from Old Walter Reed. After Old Walter Reed closed, Gurdon was assigned to work in the pharmacy at Fort Belvoir. At Fort Belvoir Gurdon resumed his theft of HGH, which he distributed to Wilkerson in exchange for payment. Between August 2011 and June 2013, Wilkerson and Gurdon stole more than $850,000 worth of pharmaceuticals from Fort Belvoir.
From January 2008 through June 2013, Koroma was a pharmacy technician at Walter Reed. Beginning no later than the middle of 2011, Koroma began to steal brands of human growth hormones and Botox from the pharmacy at Walter Reed at Gurdon’s request. Koroma met with Gurdon on a regular basis to exchange the drugs for payment from Gurdon. Gurdon then distributed the drugs to Wilkerson. From August 2011 to June 2013, Koroma and Gurdon stole over $1.3 million worth of pharmaceuticals from the pharmacy at Walter Reed.
Wilkerson shipped the stolen HGH and Botox to individuals in California, who paid Wilkerson by cash that was mailed to him from California, as well as by wire transfers from a bank in Mexico.
The total loss to the United States caused by Wilkerson, Gurdon, and Koroma was at least $4,467,000.
According to Wilkerson’s plea agreement in a second and unrelated case, on August 11, 2017, law enforcement officers executed a search warrant for a crate that had been shipped from California to a business in Baltimore and discovered 384 pounds (174 kilograms) of marijuana, worth more than $1 million. Undercover officers conducted surveillance at the business in an effort to determine the identity of the person to whom the crate had been sent. During their surveillance, Wilkerson, who was driving a red Hyundai, was seen driving in the vicinity of the business, and at one point, got out of his car and asked an officer if he was an employee at the business. Later that day, the crate containing the marijuana was claimed by a man who arrived at the business in a pick-up truck with two other men. The crate was placed into the truck and the men left the business, followed by law enforcement. Officers stopped the vehicle, detained the men, and seized the crate containing the marijuana. At the same time, another officer stopped Wilkerson, who was driving his Hyundai nearby. Wilkerson admitted that the crate of marijuana was his and that he had hired the individuals to assist him in picking-up and transporting the crate.
Roger George Gurdon pleaded guilty to conspiracy to steal government property, interstate receipt of stolen property, and conspiracy to distribute marijuana, and was sentenced to 70 months in federal prison. Issa Wasco Koroma, age 62, of Springdale, Maryland, pleaded guilty to conspiracy to steal government property and theft of medical products and was sentenced to five years in prison.
United States Attorney Robert K. Hur praised the DCIS and FDA-OCI for their work in the investigation. Mr. Hur thanked Assistant United States Attorney Thomas P. Windom, who prosecuted the case.
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Former labor union official from Portage County sentenced to a year in prison for embezzling nearly $200,000Read the Press Release
A former labor union official from Portage County was sentenced to a year in prison for embezzling nearly $200,000 from the union.
Terry Doan, 61, of Deerfield, was also ordered to pay $195,147 in restitution. He previously pleaded guilty to embezzlement from an employee benefit plan.
Doan was one of six trustees of the Joint Apprenticeship Training Committee of the Heat and Frost Insulators and Allied Workers, Local 84, headquartered in Kent. The group oversaw the training fund and Doan served as financial secretary/treasurer.
Checks over a certain amount required the signature of two trustees, but Doan had that requirement removed in 2012, according to court documents.
Doan embezzled $195,147 from the union training fund between 2012 and 2017, according to court documents.
“This defendant betrayed the trust of the men and women in the union and is being held accountable for his actions,” U.S. Attorney Justin Herdman said.
“Criminal acts like this directly impact participants in employee benefit plans by compromising their hard-earning benefits and eroding confidence in those chosen to manage their trust,” said Employee Benefits Security Administration Regional Director Joe Rivers, in Cincinnati. “The U.S. Department of Labor’s Employee Benefits Security Administration is committed to ensuring the integrity of employee benefit programs.”
This case was prosecuted by Assistant U.S. Attorney Mark Bennett following an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration and the Department of Labor’s Office of Inspector General.
Former Shipbuilding Project Manager Indicted for Fraud in $1.5 Million False Invoice SchemeRead the Press Release
A former project manager for Portland, Oregon-based shipbuilder Vigor Marine LLC, was indicted today by a federal grand jury in Seattle for ten counts of wire fraud related to his scheme to defraud his employer out of approximately $1.5 million, announced U.S. Attorney Brian T. Moran. SHELTON LAYNE SMITH, 50, of Portsmouth Virginia, is expected to be arraigned on the indictment in U.S. District Court in Seattle in the next two weeks.
According to the indictment, in 2016 and 2017, SMITH served as the project manager on the renovation of two U.S. Coast Guard cutters called the “Bertholf” and the “Waesche.” The renovations took place at Vigor’s Seattle facility. SMITH was responsible for selecting vendors and approving payments to them for equipment and services related to the renovations. The indictment alleges that, in this role, SMITH fabricated invoices from a fictitious company called “Marine Service Solutions” (MSS). The fraudulent invoices caused Vigor to pay out approximately $1.5 million for work that was never done and equipment that was never provided. The indictment alleges that SMITH used the fraud proceeds for his own purposes, including to finance his gambling activities.
SMITH’s scheme to defraud was an elaborate charade. SMITH persuaded a legitimate Vigor vendor to serve as a “pass-through” entity that received invoices from MSS, marked up the cost of the services, and passed on the fraudulent expenses to Vigor. The local vendor was not aware that Marine Service Solutions was not a real company. SMITH also misled a long-time acquaintance in Mississippi into setting up a bank account for MSS, cashing the checks, and funneling most of the proceeds to SMITH. In emails, SMITH posed as the Mississippi man, making it appear as if the Mississippi man was the owner of MSS.
The indictment also alleges that, when questioned by the FBI, SMITH repeatedly lied about MSS and encouraged his acquaintance in Mississippi to stick to a false story about the company.
Vigor terminated SMITH in 2017 after discovering that SMITH had mishandled the Bertholf project. SMITH’s successor discovered the fraud, and Vigor reported the crime to the FBI.
Wire fraud is punishable by up to 20 years in prison and a $250,000 fine. The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI. The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
s._smith_indictment.pdfFormer Postal Employee Sentenced for Misappropriation of Postal FundsRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that JACQUELINE M. BATISTE a/k/a Jacqueline Batiste Francois, age 48, of New Orleans, Louisiana, was sentenced yesterday for Misappropriation of Postal Funds, in violation of Title 18, United States Code, Section 1711.
According to documents filed in federal court, BATISTE was employed by the United States Postal Service (“USPS”) as a City Letter Carrier/Supervisor working in the New Orleans Bywater Station (“Bywater”) Post Office. One of BATISTE’s responsibilities was to prepare and dispatch the Bywater Station’s daily remittances for deposit with the New Orleans Process and Delivery Center Registry Section (“PDCRS”). The case against BATISTE began when the PDCRS contacted the USPS Office of Inspector General (“OIG”) because the Bywater Post Office failed to submit remittances. The USPS OIG’s investigation revealed that Bywater employees gave deposit money to BATISTE for remittance to the Registry Section.
On March 29, 2018, Batiste agreed to meet with special agents of the USPS OIG. BATISTE was advised of her Miranda rights and was told that the agents wanted to discuss financial issues in the Bywater Post Office. BATISTE told the agents that she had a gambling issue and liked to play the slot machines at Boomtown Casino. BATISTE said, on the date in question, she notified a fellow postal employee that she was going to place the deposit money in the safe. Special agents asked BATISTE if that happened and BATISTE replied, “No, I had the urge.” BATISTE admitted to taking the deposit money for March 10, 2018 and going to Boomtown. Special agents asked BATISTE if it was safe to say the missing $1,214.00 was now at Boomtown and she replied “Yes sir.” According to BATISTE, she had already lost her own money at Boomtown on Saturday before losing the rest of the money she had taken from the USPS.
U.S. District Judge Sarah S. Vance sentenced BATISTE to one (1) year of probation and restitution to the United States Postal Service in the amount of $1,214.00.
U.S. Attorney Peter G. Strasser praised the work of the Office of Inspector General for the United States Postal Service. The prosecution of the case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Former Hudson County Public Official Charged with Accepting Bribes for Patient ReferralsRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, woman formerly employed by the Hudson County Office on Aging was charged today with accepting bribes for referring patients in need of home health care aides, U.S. Attorney Craig Carpenito announced.
Myrtha Nicolas, 61, of Jersey City, New Jersey, was charged by complaint with one count of extortion under color of official right. She made her initial appearance before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court today and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
The Hudson County Office on Aging is an agency of the N.J. Division of Disability Services (DDS) under the State of New Jersey’s Department of Human Services. The DDS works to streamline access to services and information designed to promote and enhance independent living for individuals with disabilities. Included among the services coordinated by DDS were Managed Long Term Services and Supports (MLTSS), whether for an individual living at home, an assisted living facility, or a nursing home.
As a referral coordinator for the Office on Aging, Nicolas exercised control over the coordination and assignment of patients with disabilities in need of home health care services to companies that provide home health care aides.
In June of 2016, Nicolas was approached by a confidential witness (the “CW”) who was a self-employed executive of a home health care company. Nicolas agreed to help refer patients to the CW and agreed to accept $500 dollars per patient she referred to the CW’s company.
On Aug. 4, 2016, Nicolas accepted a payment of $600 for the referral of a patient. The CW complained that the CW was forced to redirect the patient to another health care company because the patient proved difficult, prompting Nicolas to assure the CW that the CW “will get the easy ones,” in the future. On Jan. 23, 2017, Nicolas accepted another $600 cash payment for a patient referral. Nicolas confirmed that she had previously received gift cards from the CW years earlier, but expressed no preference whether future payments from the CW would be in cash or gift cards. On Oct. 17, 2017, Nicolas accepted a final corrupt payment of $1,000 from the CW for patient referrals, promising the CW that in terms of future patients, “whatever I have, you’ll have.”
The extortion under color of official right charge carries a maximum potential penalty of 20 years in prison and a fine of up to $250,000 or twice the gross pecuniary gain or loss.
U.S. Attorney Craig Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Mark J. McCarren of the Special Prosecutions Division in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty
Former Fifth Circuit Solicitor Sentenced to Federal PrisonRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Daniel Edward Johnson, 48, former Fifth Circuit Solicitor and resident of Blythewood, was sentenced to one year and one day in federal prison after previously pleading guilty to Wire Fraud.
“A prosecutor’s duty is to enforce the law diligently, vigorously, and justly,” said U.S. Attorney Lydon. “As Solicitor, Dan Johnson represented to his constituents, law enforcement, and the courts that he was enforcing the law while he violated it himself time and again. Justice has been served, and we look forward to working with the fine men and women of the Fifth Circuit Solicitor’s Office and Solicitor Gipson as they move forward from under the cloud of Johnson’s conduct. We are grateful to the South Carolina Attorney General’s Office for their assistance in holding him accountable.”
Facts presented in court established that Daniel Edward Johnson was the Fifth Circuit Solicitor from 2011 to 2018. The Solicitor’s Office serves both Richland and Kershaw Counties and receives funding from both, as well as from the federal government. Kershaw County pays the office-related credit card bills for select Solicitor’s Office employees.
During his time as Solicitor, Johnson used Solicitor’s Office funds to cover personal and non-office-related expenses. Johnson was issued Solicitor’s Office credit cards reading “DAN JOHNSON, Fifth Circuit Sol Office.” Using these cards, Johnson made a series of personal and non-office-related purchases, starting no later than 2016. Johnson fraudulently used these cards over 100 times, improperly charging the Fifth Circuit Solicitor’s Office over $44,000. Examples of some of the fraudulent transactions include:
- September 7, 2016, charge for $208.79, at the Elara by Hilton Grand Vacations in Las Vegas.
- September 7, 2016, charge for $911.48, at the Doubletree Magic Mile hotel in Chicago.
- October 1, 2016, charge for $685.07, to Copa Airlines, an airline based in Panama.
- October 5, 2016, charge for $137.22, at the Hilton Columbia Center in Columbia, SC
The total loss amount caused by Johnson’s fraudulent transactions is approximately $44,317.57.
Senior United States District Judge Cameron McGowan Currie sentenced Daniel Edward Johnson to one year and one day in federal prison, to be followed by a 3-year term of court-ordered supervision. The additional day beyond one year makes Johnson eligible to receive up to 54 days of credit against his sentence for good behavior in prison. There is no parole in the federal system.
The case was investigated by The Federal Bureau of Investigation (FBI) and South Carolina Law Enforcement Division (SLED). Assistant United States Attorneys Winston D. Holliday, Jr., Alyssa Leigh Richardson, and William Camden Lewis of the Columbia office prosecuted the case.
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