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Newest first across public DOJ and U.S. Attorney press releases.
Wednesday 5 June 2019
Mexican National Guilty of Transporting Illegal AliensRead the Press Release
BEAUMONT, Texas – A 25-year-old Mexican national illegally in the United States, has pleaded guilty to immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Joel Sanchez-Guzman pleaded guilty to transporting illegal aliens and illegally reentering the United States after having been deported. The plea was entered today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, on Feb. 16, 2019, law enforcement officers discovered Sanchez-Guzman transporting eight individuals he knew to be illegally in the United States. Further investigation revealed Sanchez-Guzman had been paid to transport the illegal aliens through Texas to the northeastern United States. They also determined that Sanchez-Guzman had transported illegal aliens in this manner on prior occasions.
Under the federal statute, Sanchez-Guzman faces up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office
This case was investigated by Homeland Security Investigations/Immigration and Customs Enforcement HSI/ICE, the Nacogdoches Police Department and the Lufkin Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
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Mexican National Charged with Illegal ReentryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JOSE LUIS RAMIREZ-HERNANDEZ, age 38, a citizen of Mexico, was charged Monday, June 3, 2019 in a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a).
According to the bill of information, JOSE LUIS RAMIREZ-HERNANDEZ reentered the United States in or about 2018, after having been previously removed therefrom on or about September 20, 2017.
If convicted, JOSE LUIS RAMIREZ-HERNANDEZ faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
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Mandeville Resident and Former Department of Energy Contractor Charged with Accessing a Protected Computer without Authorization and Recklessly Causing DamageRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that GARY PETER SIMON, JR., age 56, a resident of Mandeville, Louisiana, was charged today in a one-count bill of information with intentionally accessing a protected computer without authorization and recklessly causing damage resulting in loss of more than $5,000 during one year, in violation of 18 U.S.C. '' 1030(a)(5)(B) and 1030(c)(4)(A).
According to the bill of information, on about October 21, 2018, SIMON, intentionally accessed and attempted to access a protected computer without authorization, and as a result of such conduct, recklessly caused damage, namely loss to the United States Department of Energy-Strategic Petroleum Reserve Office, in the amount of at least $5,000.
If convicted, SIMON faces a maximum term of five (5) years in prison, a fine of up to $250,000.00, up to three (3) years of supervised release after imprisonment, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg, supervisor of the Public Corruption Unit, is in charge of the prosecution.
Man Pleads Guilty to Assaulting and Attempting to Kill Federal Agents in Delaware CountyRead the Press Release
A man who fired his weapon at FBI agents attempting to arrest him in Delaware County, in October 2018, pleaded guilty Wednesday to assaulting federal officers, announced U.S. Attorney Trent Shores.
Brian Kirk Marshall, 50, of Pattonsburg, Missouri, pleaded guilty in U.S. District Court to assaulting federal officers, obstruction of justice by attempting to kill witnesses, and carrying, using and discharging a firearm during and in relation to a crime of violence. U.S. District Judge Claire V. Eagan accepted Marshall’s plea and set sentencing for Aug. 27, 2019.
“The patience, professionalism, and excellence of the FBI Special Weapons and Tactics Team were on full display in the arrest of Brian Marshall, a self-described “cop killer.” Marshall was a fugitive from justice hiding in rural northeastern Oklahoma. For more than 40 minutes, an FBI negotiator tried to talk Marshall into surrendering peacefully. Instead, Marshall opened fire on the FBI agents. Marshall was ultimately taken into custody,” said U.S. Attorney Shores. “Today’s change of plea is a culmination of months of diligent work by FBI special agents and federal prosecutors. When criminals shoot at law enforcement, they can expect to receive the full weight of a federal prosecution.”
During the plea hearing, Marshall admitted to firing shots at FBI agents after the FBI SWAT Team had appropriately identified themselves and attempted to call all occupants safely out of the residence. The FBI returned fire in accordance with protocol, resulting in Marshall surrendering to authorities. In total, Marshall admitted to firing eight rounds at FBI agents. At the time of the incident, the FBI was attempting to execute a search warrant for Marshall’s Delaware County residence; as well as an arrest warrant for interstate communication of threats Marshall allegedly made, in which he threatened to kill police officers.
Marshall remains in the custody of the U.S. Marshals Service while awaiting sentencing.
The FBI is the investigative agency. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.
Man Convicted of Hope Mills and Fayetteville RobberiesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that, EDWARD MOORE, JR., of Fayetteville, North Carolina, was convicted in federal court following a two-day jury trial before Chief United States District Judge Terrence W. Boyle. MOORE was convicted of interference with commerce by robbery, 2-counts of armed bank robbery, 3-counts of discharging a firearm in furtherance of a crime of violence, and 4-counts of possession of firearm by a convicted felon.
The jury heard evidence that MOORE robbed the One Main Financial Bank in Fayetteville and a Bank of America in Hope Mills twice. During each of the robberies MOORE fired a shot into the ceiling and pointed the firearm at customers and employees and stole approximately $64,000.
MOORE faces a minimum sentence of 75 years imprisonment and a maximum of life imprisonment at his sentencing date to be determined.
The prosecution of MOORE is part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Investigation of this enforcement operation was conducted by the Fayetteville Police Department, the Hope Mills Police Department, the Cumberland County Sheriff’s Office and the Federal Bureau of Investigation (FBI). Assistant United States Attorneys Barbara Kocher and Gabriel Diaz represented the government.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on June 5, 2019, Nicole L. Enck, 35, of Lincoln, Nebraska was sentenced to 73 months’ imprisonment for conspiring to distribute 500 grams or more of a mixture containing methamphetamine. Following the prison term, Enck will serve three years on supervised release. Chief United States District Court Judge John M. Gerrard presided over this case.
Enck and a few other people worked together to sell methamphetamine between January 1, 2017, and August 31, 2017.
This case was investigated by the Lincoln/Lancaster County Drug Task Force, which is composed of members from the Lincoln Police Department, the Lancaster County Sheriff’s Department, the Nebraska State Patrol, and the University of Nebraska Police Department.
Lexington Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on June 5, 2019, Jose Donato, 25, of Lexington, Nebraska was sentenced to 87 months in prison for conspiracy to distribute more than 50 grams of pure methamphetamine. Following the prison term, Donato will serve three years on supervised release. The Honorable John M. Gerrard presided over this case.
Between July 1, 2017 and September 30, 2018, with the assistance of a confidential informant, law enforcement officers completed a series of nine controlled purchases of methamphetamine from Donato and his co-defendants, Rodrigo Bolanos and Arturo Garcia.
This case was investigated by Central Nebraska Drug and Safe Streets Task Force, which his composed of members from the Federal Bureau of Investigation, the Department of Homeland Security, the Nebraska State Patrol, the Grand Island Police Department, the Hall County Sheriff’s Department, the Adams County Sheriff’s Department, the Hastings Police Department, and the Kearney Police Department.
Leader of Bronx Drug Distribution Organization Sentenced to 188 Months in PrisonRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that HECTOR PALERMO was sentenced today by United States District Judge Gregory H. Woods to 188 months in prison for leading a drug trafficking conspiracy that operated in the Hunts Point section of the Bronx. PALERMO pled guilty before U.S. Magistrate Judge Henry B. Pitman on November 19, 2018.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Today’s sentence sends a message that destructive drug trafficking in our communities will not be tolerated. We continue our daily work with our law enforcement partners to keep the streets free of dangerous narcotics.”
According to the allegations in the Indictment, and statements made in court filings and during court proceedings:
Between approximately 2014 and 2017, PALERMO was one of the leaders of a violent drug trafficking organization that controlled the distribution of large amounts of crack cocaine in the Hunts Point section of the Bronx. PALERMO managed all aspects of the organization, from the preparation of narcotics to the supervision of individuals who conducted hand-to-hand sales of narcotics.
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In addition to his prison sentence, PALERMO, 37, was sentenced to five years of supervised release.
Mr. Berman praised the excellent work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, and the New York City Police Department. Mr. Berman also thanked the Bronx County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Sarah Krissoff is in charge of the prosecution.
Lawrence Man Sentenced to 170 Months for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – Julio Pizzini, 25, of Lawrence, Massachusetts, was sentenced on Tuesday to serve 170 months in prison for participating in a fentanyl trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, a drug trafficking organization, which authorities allege was led by Sergio Martinez, employed Pizzini and others to sell fentanyl to customers from various New England states, including New Hampshire. On each date that Pizzini worked, the Martinez organization provided him with at least one 200-gram bag of fentanyl and expected him to sell it and return approximately $6,000 in proceeds.
Pizzini previously pleaded guilty on February 15, 2019.
“Fentanyl trafficking is a crime that has had deadly consequences for many citizens of New Hampshire,” said U.S. Attorney Murray. “The transportation of illegal drugs into the Granite State must be stopped. In order to save lives, we will continue to work closely with all of our law enforcement partners to identify, prosecute, and incarcerate those who are responsible for distributing this dangerous substance.”
“Those individuals who choose to distribute fentanyl in our communities endanger the lives of their customers and the residents of our communities,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence holds Mr. Pizzini accountable for his actions. We will continue to work with our law enforcement partners to hold those who distribute fentanyl accountable for the drug-related offenses they have committed.”
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant U.S. Attorneys Georgiana L. Konesky and Seth R. Aframe.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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LaVista, Neb.Woman Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on June 4, 2019, Jessica L. Snavely, age 26, was sentenced by United States District Court Judge Stephanie M. Rose for Conspiracy to Distribute Methamphetamine. Snavely was sentenced to ten years in prison to be followed by five years of supervised release.
In late 2017, the Iowa Division of Narcotics Enforcement with the Federal Bureau of Investigation Safe Streets Task Force investigated a large drug trafficking organization responsible for transporting large quantities of methamphetamine to and around western Iowa and eastern Nebraska. During the investigation, law enforcement received information that a large amount of methamphetamine was distributed out of a motel in Council Bluffs.
On April 26, 2019, law enforcement searched a room at the Red Roof Inn in Council Bluffs and recovered over a pound and a half of methamphetamine, along with a stolen handgun and other drug trafficking paraphernalia. It was determined Jessica Snavely received and distributed methamphetamine from the Red Roof Inn motel room.
This case was investigated by the Iowa Division of Narcotics Enforcement, Federal Bureau of Investigation’s Safe Streets Task Force, Omaha Police Department, Southwest Iowa Narcotics Task Force, Council Bluffs Police Department, and the Shelby County Sheriff’s Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Kenner Woman Charged with Failure to Pay Employment TaxesRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced yesterday that a two-count Bill of Information was filed against defendant MARTHA BUEZO MARTINEZ, age 48, of Kenner, LA, for failing to account for and pay over employment taxes to the Internal Revenue Service, in violation of Title 26, United States Code, Section 7202. MARTINEZ faces a maximum term of imprisonment of five (5) years, a $10,000 fine, three years supervised release following any term of imprisonment, and a $100 special assessment fee.
U.S. Attorney Strasser reiterated that a Bill of Information is merely an accusation and that the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Strasser praised the work of the Internal Revenue Service, Criminal Investigation in investigating this matter. Assistant United States Attorney Duane A. Evans is prosecuting the case.
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KC Woman Sentenced for Fraud Scheme, ID TheftRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., woman was sentenced in federal court today for a fraud scheme in which she used stolen identity information to apply for Supplemental Nutrition Assistance Program (SNAP) benefits, then sold the Electronic Benefit Transfer (EBT) cards to others.
Eibony Bowers, 36, was sentenced by U.S. District Judge Greg Kays to six years and two months in federal prison without parole. The court also ordered Bowers to pay $51,685 in restitution.
On Nov. 27, 2018, Bowers pleaded guilty to one count of mail fraud, two counts of misusing a Social Security number, and one count of aggravated identity theft.
Bowers began receiving Supplemental Nutrition Assistance Program (SNAP) benefits for herself and her four children in 2014. SNAP benefits assist low-income individuals in purchasing groceries to feed themselves and their families. SNAP recipients receive Electronic Benefit Transfer (EBT) cards preloaded with approved benefits, and can then utilize the EBT cards to purchase food.
Bowers admitted that she submitted 11 additional applications for SNAP benefits under the names of other persons from March to December 2016. Nine of those applications used the personal identity information (including fraudulent copies of driver’s licenses and Social Security cards) of actual persons without their consent. Two of those applications used the personal identity information of fictitious individuals. Each application included five to seven additional household members. During those nine months, she collected a total of $51,685 in SNAP benefits.
Bowers frequently communicated with state officials though three fax accounts she opened and operated through j2 Cloud Services. Based on the fraudulent information she provided to the Department of Social Services, the agency approved SNAP benefits for all of the applications. After approving each application, the Department of Social Services mailed an EBT card to addresses Bowers provided.
Bowers then sold the EBT cards with the SNAP benefits to other individuals. Buyers paid 50 cents on the dollar for the benefits preloaded on the cards, then returned them after making their purchases.
According to court documents, Bowers was submitting one fraudulent application each month from March to August 2016, then began submitting four a month in September 2016. Her fraud scheme was stopped when law enforcement officers executed a search warrant on her hotel room on Dec. 1, 2016. During the execution of the search warrant, officers found her cell phone, a tablet, paperwork with various names and Social Security numbers, receipts with transactions linked to various EBT cards, credit cards, six EBT cards, and multiple Social Security cards.This case was prosecuted by Special Assistant U.S. Attorney Courtney R. Pratten. It was investigated by the Missouri Department of Social Services.
Justice Department Reaches Agreement with City of Eastpointe, Michigan, Under the Voting Rights ActRead the Press Release
The Department of Justice announced today that it has entered into an agreement to settle a voting rights lawsuit with the City of Eastpointe, Michigan. The Department’s lawsuit challenges the method of electing the city council in Eastpointe under Section 2 of the Voting Rights Act. Under this agreement, the city will change its method of electing its city council to ensure compliance with the protections of Section 2.
The agreement, which must be approved by the federal district court in Detroit, was entered into by the parties to resolve the Department’s lawsuit with the City of Eastpointe filed in 2017. The Department’s complaint alleges the current method of election for the Eastpointe City Council results in black citizens in Eastpointe having less opportunity than white citizens to participate in the political process and to elect candidates of their choice to the city council, in violation of Section 2 of the Voting Rights Act.
Subject to court approval, the agreement will alter the method of electing the Eastpointe City Council, from a traditional at-large method of election to one that utilizes ranked choice voting beginning with the November 2019 election. Under the agreement, the city councilmembers will continue to be elected on a citywide basis, but under the new ranked choice voting system, Eastpointe voters will rank city council candidates in their order of preference. The agreement provides that the city will conduct a robust voter education program for the new method of election.
“This agreement reflects the Department’s resolute commitment to vigorous enforcement of the Voting Rights Act to protect the right to vote in all elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We are pleased that the City of Eastpointe has worked cooperatively with the Department to adopt a solution that safeguards the right to vote.”
“Voting is the cornerstone of our Republic, and the Justice Department is committed to protecting and strengthening the right to vote,” stated United States Attorney for the Eastern District of Michigan Matthew Schneider. “This settlement reflects the desire of all of the parties to ensure the citizens of Eastpointe have a meaningful opportunity to choose their elected representatives.”
More information about the Voting Rights Act and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section.
Justice Department Reaches Agreement with City of Eastpointe, Michigan, Under the Voting Rights ActRead the Press Release
The Department of Justice announced today that it has entered into an agreement to settle a voting rights lawsuit with the City of Eastpointe, Michigan. The Department’s lawsuit challenges the method of electing the city council in Eastpointe under Section 2 of the Voting Rights Act. Under this agreement, the city will change its method of electing its city council to ensure compliance with the protections of Section 2.
The agreement, which must be approved by the federal district court in Detroit, was entered into by the parties to resolve the Department’s lawsuit with the City of Eastpointe filed in 2017. The Department’s complaint alleges the current method of election for the Eastpointe City Council results in black citizens in Eastpointe having less opportunity than white citizens to participate in the political process and to elect candidates of their choice to the city council, in violation of Section 2 of the Voting Rights Act.
Subject to court approval, the agreement will alter the method of electing the Eastpointe City Council, from a traditional at-large method of election to one that utilizes ranked choice voting beginning with the November 2019 election. Under the agreement, the city councilmembers will continue to be elected on a citywide basis, but under the new ranked choice voting system, Eastpointe voters will rank city council candidates in their order of preference. The agreement provides that the city will conduct a robust voter education program for the new method of election.
“This agreement reflects the Department’s resolute commitment to vigorous enforcement of the Voting Rights Act to protect the right to vote in all elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We are pleased that the City of Eastpointe has worked cooperatively with the Department to adopt a solution that safeguards the right to vote.”
“Voting is the cornerstone of our Republic, and the Justice Department is committed to protecting and strengthening the right to vote,” stated United States Attorney for the Eastern District of Michigan Matthew Schneider. “This settlement reflects the desire of all of the parties to ensure the citizens of Eastpointe have a meaningful opportunity to choose their elected representatives.”
More information about the Voting Rights Act and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section.
Johnstown Man Pleads Guilty to Heroin and Fentanyl ChargeRead the Press Release
ALBANY, NEW YORK – Victor M. Diaz, age 29, of Johnstown, New York, pled guilty yesterday to possessing and intending to distribute more than 100 grams of heroin mixed with fentanyl.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and City of Amsterdam Police Chief Gregory J. Culick.
On March 7, 2019, DEA agents and other law enforcement officers executed a federal warrant at Diaz’s Johnstown residence. They found him home, alone, and sitting near a suitcase containing 1,740 small glassine bags. The bags contained a total of approximately 89 grams of heroin mixed with fentanyl. Law enforcement also found, in a plastic container, an additional 53.5 grams of heroin mixed with fentanyl.
Diaz faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life, when he is sentenced on October 4, 2019 by Senior United States District Judge Norman A. Mordue. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and the Amsterdam Police Department, with assistance from the New York State Police and the Gloversville Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Insys Therapeutics Agrees to Enter into $225 Million Global Resolution of Criminal and Civil InvestigationsRead the Press Release
BOSTON – Opioid manufacturer Insys Therapeutics agreed to a global resolution to settle the government’s separate criminal and civil investigations, the Department of Justice announced today. As part of the criminal resolution, Insys will enter into a deferred prosecution agreement with the government, Insys’s operating subsidiary will plead guilty to five counts of mail fraud, and the company will pay a $2 million fine and $28 million in forfeiture. As part of the civil resolution, Insys agreed to pay $195 million to settle allegations that it violated the False Claims Act.
Both the criminal and civil investigations stemmed from Insys’s payment of kickbacks and other unlawful marketing practices in connection with the marketing of Subsys. Insys’s drug Subsys is a sublingual fentanyl spray, a powerful, but highly addictive, opioid painkiller. In 2012, Subsys was approved by the Food and Drug Administration for the treatment of persistent breakthrough pain in adult cancer patients who are already receiving, and tolerant to, around-the-clock opioid therapy.
Today, the U.S. Attorney’s Office for the District of Massachusetts filed an Information charging Insys and its operating subsidiary with five counts of mail fraud. According to the charging document, from August 2012 to June 2015, Insys began using “speaker programs” purportedly to increase brand awareness of Subsys through peer-to-peer educational lunches and dinners. However, the programs were actually used as a vehicle to pay bribes and kickbacks to targeted practitioners in exchange for increased Subsys prescriptions to patients and for increased dosage of those prescriptions. One practitioner targeted by Insys was a physician’s assistant who practiced with a pain clinic in Somersworth, N.H. During the first year that Subsys was on the market, the physician’s assistant did not write any Subsys prescriptions for his patients. In May 2013, the physician’s assistant joined Insys’s sham speaker program knowing that it was a way to receive kickbacks for writing Subsys prescriptions. After joining the sham speaker program, the physician’s assistant wrote approximately 672 Subsys prescriptions for his patients – many of which were medically unnecessary – and in turn, received $44,000 in kickbacks from Insys.
As part of the criminal resolution, Insys agreed to a detailed statement of facts outlining its criminal conduct with respect to the illegal marketing of Subsys. Insys will enter into a five-year deferred prosecution agreement, while Insys’s operating subsidiary will plead guilty to five counts of mail fraud pursuant to the plea agreement that will be filed in the District of Massachusetts. According to the terms of the criminal resolution, Insys will pay a criminal fine of $2 million and forfeiture of $28 million. The Court has not yet scheduled the plea hearing. Last month, five former Insys executives were convicted after trial of racketeering conspiracy in connection with the marketing of Subsys. In total, eight company executives have now been convicted by the U.S. Attorney’s Office in Massachusetts for crimes relating to the illegal marketing of Subsys.
In April 2018, the United States intervened in five qui tam lawsuits accusing Insys of violating the False Claims Act. In its civil complaint, the United States alleged that Insys, headquartered in Arizona, paid kickbacks to induce physicians and nurse practitioners to prescribe Subsys for their patients. Many of these kickbacks took the form of speaker program payments for speeches to physicians that were, in fact, shams; jobs for the prescribers’ relatives and friends; and lavish meals and entertainment. The United States also alleged that Insys improperly encouraged physicians to prescribe Subsys for patients who did not have cancer, and lied to insurers about patients’ diagnoses in order to obtain reimbursement for Subsys prescriptions that had been written for Medicare and TRICARE beneficiaries.
Insys also entered into a 5-year Corporate Integrity Agreement (CIA) and Conditional Exclusion Release with the U.S. Department of Health and Human Services, Office of Inspector General. Because of the extensive cooperation provided by Insys in the prosecution of culpable individuals and its agreement to enhanced CIA requirements, OIG elected not to pursue exclusion of Insys at this time. The CIA includes several novel provisions, including enhanced material breach provisions, designed to protect federal health care programs and beneficiaries. In addition, Insys admitted to a Statement of Facts and acknowledged that the facts provide a basis for permissive exclusion. OIG did not release its permissive exclusion authority, as it generally does for CIA parties in False Claims Act settlements. Instead, OIG will provide such a release only after Insys satisfies its obligations under the CIA.
“This criminal resolution today with Insys, coupled with the convictions of the 8 executives, shows this Office’s resolve to hold both corporations and individuals accountable for their crimes,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “For years, Insys engaged in prolonged, illegal conduct that prioritized its profits over the health of the thousands of patients who relied on it. Today, the company is being held responsible for that and for its role in fueling the opioid epidemic. This global resolution is the culmination of years of work by prosecutors and agents, and these successful prosecutions and civil enforcement efforts should be a model for confronting corporate criminal activity.”
“The opioid epidemic is a plague that has devastated communities and ravaged families across this country,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice is committed to using the legal tools at our disposal to combat the illegal marketing and distribution of opioids, including fentanyl. Today’s settlement sends a strong message to pharmaceutical manufacturers that the kinds of illegal conduct that we have alleged in this case will not be tolerated. I want to assure the families and communities ravaged by this epidemic that the Department of Justice will continue to act forcefully to hold opioid manufacturers accountable for their actions.”
“Today’s settlement underscores our determination to hold opioid manufacturers accountable for pushing these highly addictive narcotics on the public via kickbacks to doctors and nurses, and other illegal means,” said United States Attorney for the Central District of California Nick Hanna. “Our goal is to bring about an end to the tragic epidemic of opioid addiction and to go after those who profit from that epidemic.”
“Paying bribes and providing other incentives to prescribe opioids with little regard to patient welfare surely signals a company is more concerned with profits than patients,” said Christian J. Schrank, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Today’s settlement reaffirms our commitment to ensuring that companies pay a very heavy price for attacking vital government health programs.”
“The announced settlement is a vivid example of the Department of Defense's dogged efforts to protect the integrity of the U.S. military’s health care system and its beneficiaries,” said Bryan D. Denny, Special Agent in Charge of the Defense Criminal Investigative Service, Western Field Office. “DCIS remains committed to working with its law enforcement partners and the U.S. Attorney’s Office to combat health care fraud, especially when pharmaceutical companies use taxpayers’ dollars to induce physicians with bribes and kickbacks to prescribe their drugs for unauthorized off-label usage that may very well endanger the recipient's health and safety.”
“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold pharmaceutical companies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
The allegations resolved by the civil settlement stem from five lawsuits that were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the United States for false claims and share in any recovery. The lawsuits are: United States, et al., ex rel. Guzman v. Insys Therapeutics, Inc., et al., 13-cv-5861; United States ex rel. Andersson v. Insys Therapeutics, Inc., 14-cv-9179; United States ex rel. John Doe and ABC, LLC v. Insys Therapeutics, Inc., et al., 14-cv-3488; United States ex rel. Erickson and Lueken v. Insys Therapeutics, Inc., 16-cv-2956; and United States ex rel. Jane Doe, et al. v. Insys Therapeutics, et al., 16-cv-7937. The whistleblowers’ share of the settlement announced today has not yet been determined.
These matters were handled by the United States Attorney’s Office for the District of Massachusetts; the Justice Department’s Civil Division; the United States Attorney’s Office for the Central District of California; and the Department of Health and Human Services, Office of Inspector General. Investigations were conducted by the Federal Bureau of Investigation, Boston Field Division; the Food and Drug Administration, Office of Regulatory Affairs; the Drug Enforcement Administration, New England Field Division; Department of Defense, Defense Criminal Investigative Service; U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; U.S. Postal Inspection Service’s Boston Division; United States Postal Service, Office of Inspector General, Northeast Area Field Office; Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division; Office of Personnel Management, Office of Inspector General; and the Defense Health Agency.
Indictment: Defendants Went Shopping with Counterfeit $100 BillsRead the Press Release
KANSAS CITY, KAN. – Four defendants were charged today in an indictment alleging they “washed” $1 bills to produce counterfeit $100 bills that they passed during a shopping spree, U.S. Attorney Stephen McAllister said.
Steven Shane Escamilla, 30, Laguna Hills, Calif., Courtney Campbell, 37, Bouse, Ariz., John Sebestyen, 50, Mission Viejo, Calif., and Jonathan Washington, 33, no known address, are charged with conspiracy to commit counterfeiting. In addition, Escamilla is charged with one count of possessing counterfeit bills and one count of possessing methamphetamine; Campbell is charged with one count of possessing counterfeit bills and one count of possessing methamphetamine; Sebestyen is charged with one count of possessing counterfeit bills and one count of possessing methamphetamine and heroin; and Washington is charged with one count of possession with intent to distribute methamphetamine.
According to documents filed with the court, an employee at a hotel in Overland Park contacted police to report that the defendants were acting suspiciously. They deposited trash in containers away from their rooms that contained evidence of criminal activity.
The indictment alleges that in some cases defendants purchased goods with counterfeit cash and then returned the goods for a refund at another branch of the same store.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Up to five years in federal prison and a fine up to $250,000.
Possessing counterfeit cash: Up to 20 years and a fine up to $250,000.
Possession with intent to distribute methamphetamine: Not less than five years and not more than 40 years and a fine up to $4 million.
Possessing a controlled substance: Up to a year and a fine up to $1,000.
The Overland Park Police Department and the U.S. Secret Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Honduran National Charged with Smuggling Child into the U.S.Read the Press Release
McALLEN, Texas - A 24-year-old illegal alien from Honduras has been indicted on charges of human smuggling and making a false family claim, announced U.S. Attorney Ryan K. Patrick.
Starlin Alfredo Martinez-Morales was originally charged by criminal complaint May 10, 2019. Today, a federal grand jury returned the two-count indictment. He is expected to appear for his arraignment before a U.S. magistrate judge in the near future.
On May 7, 2019, Martinez-Morales allegedly crossed the Rio Grande River near Los Ebanos with a three-year-old child, also of Honduras. Martinez claimed to be traveling with his son and presented a fraudulent birth certificate for the juvenile, according to the charges.
The criminal complaint indicates he was not the father of the child and only traveling with him to successfully gain entry into the United States.
He faces up to five years in federal prison if convicted of either of the charges.
Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the investigation. Assistant U.S. Attorney M. Alexis Garcia is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Hoboken-Based Accountant Admits Tax EvasionRead the Press Release
NEWARK, N.J. – A Hoboken-based accountant today admitted failing to pay more than $914,000 in taxes on income generated from his accounting firm and various rental properties he owned, U.S. Attorney Craig Carpenito announced.
Louis Picardo, 64, of Hoboken, New Jersey, pleaded guilty before U.S. District Judge Stanley R. Chesler to one count of an information charging him with federal income tax evasion.
According to documents filed in this case and statements made in court:Picardo served as the tax collector in Hoboken between 1973 and 2008 and was a partner in Cannarozzi & Picardo LLC, a Hoboken-based accounting firm. Picardo also was a member of multiple entities (the “Picardo Entities”) that managed both commercial and residential properties in Hudson County.
Picardo failed to report $3,725,853 in taxable income that he collected from Cannarozzi & Picardo and the Picardo Entities on federal income tax returns he filed with the IRS for the tax years 2012 to 2015, resulting in a tax loss to the United States of $914,908.
The tax evasion charge is punishable by a maximum penalty of five years in prison and potential fine of $250,000 or twice the gross gain or loss from the offense. Sentencing is scheduled for Sept. 25, 2019.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Sean Farrell of the U.S. Attorney’s Office’s Special Prosecutions Division and Rahul Agarwal, Deputy Chief of the Criminal Division.
Defense counsel: Peter Willis Esq., Jersey City
Guatemalan National Man Pleads Guilty to Immigration CrimeRead the Press Release
CHARLESTON, W.Va. – A Guatemalan national man pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Baltazer Victorino-Tulul-Ajqui, 30, will be sentenced on September 11, 2019. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).
“Two prior removals,” said United States Attorney Mike Stuart. “We will keep sending line skippers back until they enter the country the right way.”
On May 1, 2019, Tulul-Ajqui was found in Charleston, Kanawha County, West Virginia by ICE agents who received a tip that he was working illegally in the United States. ICE agents located Tulul-Ajqui’s residence and arrested him when he confirmed that he was in the United States illegally. Tulul-Ajqui had no identification documents permitting him legal status in the United States.
Fingerprinting matched Tulul-Ajqui to two prior removals from the United States in 2010 and 2015. In both cases, Tulul-Ajqui was found by immigration judges to be in the United States illegally and he was deported to Guatemala. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Tulul-Ajqui further admitted to ICE agents that he was a Guatemalan citizen.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.
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Guatemalan National Guilty of Transporting Illegal AliensRead the Press Release
BEAUMONT, Texas – A 27-year-old Guatemalan national illegally in the United States, has pleaded guilty to immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Jorge Gonzalez-Ramirez pleaded guilty to transporting illegal aliens and illegally reentering the United States. The plea was entered today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, on Feb. 12, 2019, Gonzalez-Ramirez was stopped for a traffic violation in Corrigan, Texas. During the traffic stop, it was discovered that Gonzalez-Ramirez and his six passengers were all in the United States illegally. Among the passengers, was a seven-year-old child traveling with a purported relative, without proper safety restraints. Federal immigration agents arrived at the Corrigan Police Department and took custody of all individuals and transported them to the Montgomery Processing Center in Conroe, Texas. Their investigation determined that some of the passengers, including the minor, had traveled through Mexico from Guatemala, crossed into the United States illegally, and then illegally transported to Houston. Gonzalez-Ramirez admitted that he picked up the illegal aliens from an apartment in Houston and was promised money for transporting them. Gonzalez-Ramirez had previously been deported from the United States to Guatemala in March 2011, and had reentered the United States illegally.
Under federal statutes, Gonzalez-Ramirez faces up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office
This case was investigated by Homeland Security Investigations/Immigration, Customs Enforcement HSI/ICE, and the Corrigan Police Department, and prosecuted by Assistant U.S. Attorney Randall L. Fluke and Special Assistant U.S. Attorney Tommy Coleman.
Groveton Woman Sentenced to 65 Months for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – Meredith Willey, 38, of Groveton, New Hampshire, was sentenced on Tuesday to serve 65 months in prison for participating in a fentanyl trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, as a result of an ongoing drug trafficking investigation, agents and task force officers with the Drug Enforcement Administration learned that on March 1, 2018, an individual intended to travel from New Hampshire to a location in Lawrence, Massachusetts to purchase 250 grams of a controlled substance. Agents conducted surveillance in the area of the transaction and observed a known drug trafficker get in the back seat of the car and exit a few minutes later. The vehicle left Massachusetts and agents followed it directly to New Hampshire.
The agents informed a New Hampshire State Trooper patrolling Interstate Route 93 about their surveillance observations. The trooper stopped the vehicle for traffic violations and identified Willey as the driver. Willey subsequently admitted that she and her co-conspirator went to Lawrence to buy “dope.” Willey consented to a search of the car and signed a consent to search form. The troopers found a hidden compartment containing approximately 240 grams of fentanyl. Willey admitted that she and the co-conspirator purchased fentanyl in Lawrence and resold the drug in New Hampshire. After a consent search of the defendant’s and her co-conspirator’s residence, law enforcement seized $11,000 in drug proceeds and five firearms.
Willey previously pleaded guilty on September 24, 2018.
“Interstate fentanyl traffickers will be arrested, prosecuted and sentenced to prison terms,” said U.S. Attorney Murray. “The law enforcement community in New Hampshire is united in its determination to stop the flow of fentanyl into the Granite State. By aggressively prosecuting the traffickers who bring this deadly drug into New Hampshire, we are seeking to protect all of our state’s citizens.”
“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Ms. Willey accountable for her crimes but serves as a warning to those traffickers who are fueling the opioid epidemic.”
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and
Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky, Seth R. Aframe and Debra M. Walsh.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
These indictments have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Chippewa County Man Charged with Drug & Gun Crimes
Joshua Stein, 29, Cornell, Wisconsin, is charged with three counts of distributing methamphetamine, with one count alleging distribution of 50 grams or more; one count of possessing 50 grams or more of methamphetamine with the intent to distribute; and with possessing two firearms in furtherance of a drug trafficking crime. The indictment alleges that he distributed methamphetamine in February 2019, and that on April 8, 2019, he possessed two handguns and 50 grams or more of methamphetamine with the intent to distribute.
If convicted, Stein faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison on the two counts alleging 50 grams or more of methamphetamine, and a maximum of 20 years on the other two drug charges. The charge alleging the possession of firearms in furtherance of a drug trafficking crime carries a mandatory minimum penalty of five years, and federal law requires that any penalty imposed for this charge be served consecutive to any sentence imposed on the other charges.
The charges against Stein are the result of an investigation by the West Central Drug Task Force and the Cornell Police Department. The prosecution of this case is being handled by Assistant U.S. Attorney Robert A. Anderson.
Madison Man Charged with Drug & Gun Crimes
Martell Norris, 37, Madison, Wisconsin, is charged with one count of possessing 28 grams or more of crack cocaine with intent to distribute, one count of possessing cocaine with intent to distribute, possessing a loaded firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The indictment alleges that he possessed the crack cocaine, cocaine, and a loaded semi-automatic handgun on May 16, 2019.
If convicted, Norris faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison on the count alleging 28 grams or more of crack cocaine, and a maximum of 20 years on the other drug charge. The charge alleging the possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum penalty of five years, and federal law requires that that any penalty imposed for this charge be served consecutive to any sentence imposed on the other charges. The charge of being a felon in possession of a firearm has a maximum penalty of 10 years.
The charges against Norris are the result of an investigation by the Drug Enforcement Administration and the Wisconsin Department of Justice Division of Criminal Investigation. The prosecution of this case is being handled by First Assistant U.S. Attorney Timothy M. O’Shea.
Madison Man Charged with Gun Crimes and Drug Crime Involving Heroin & Crack Cocaine
Demarious Gray, 28, Madison, Wisconsin, is charged with being a felon in possession of a firearm and ammunition, with possessing a firearm in furtherance of a drug trafficking crime, and with possessing heroin and crack cocaine with the intent to distribute. The indictment alleges that on October 9, 2017, he possessed a loaded .40 caliber handgun, heroin, and crack cocaine.
If convicted, Gray faces a maximum penalty of 10 years in federal prison on the felon in possession of a firearm charge, 20 years on the drug charge, and a mandatory minimum penalty of five years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Federal law requires that that any penalty imposed for the charge of possessing a firearm in furtherance of a drug trafficking crime be served consecutive to any sentence imposed on the other charges.
The charges against Gray are the result of an investigation by the Wisconsin Department of Justice Division of Criminal Investigation and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorney Corey C. Stephan.
Madison Man Charged with Armed Robbery of Oregon Gas Station
Willie Champ, 18, Madison, Wisconsin, is charged with the armed robbery of a business in Oregon, Wisconsin. The indictment alleges that on May 24, 2019, he robbed the Kwik Trip gas station on Janesville Street in Oregon, and that during the robbery he brandished a weapon at an employee and demanded money.
If convicted, Champ faces a maximum penalty of 20 years in federal prison. The charge against him is the result of an investigation by the Oregon, Fitchburg and Madison Police Departments, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorney Corey C. Stephan.
Ashland Man Charged with Being a Felon in Possession of Firearm & Ammunition
Jeremy W. Strobel, 41, Ashland, Wisconsin, is charged with being a felon in possession of a firearm and ammunition. The indictment alleges that on April 20, 2019, he possessed a .38 caliber revolver and ammunition.
If convicted, Strobel faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Ashland Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorney Corey C. Stephan.
Beloit Man Charged With Gun Crime
Randell Thomas, 39, Beloit, Wisconsin, is charged with being a felon in possession of a firearm. The indictment alleges that on May 16, 2019, he possessed a loaded 9 mm pistol.
If convicted, Thomas faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Beloit Police Department. The prosecution of this case is being handled by Assistant U.S. Attorney Rita M. Rumbelow.
Grand Island Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on June 5, 2019, Chief United States District Court Judge John M. Gerrard sentenced Phillip Smith, 41, of Grand Island, to 10 years and 5 months in prison for distribution of methamphetamine. Following the prison term, Smith will serve five years on supervised release.
On October 18, 2017, Smith sold approximately 1 ounce of methamphetamine to a confidential informant in Grand Island, Nebraska.
This case was investigated by Central Nebraska Drug and Safe Streets Task Force, which is composed of members from the Federal Bureau of Investigation, the Department of Homeland Security, the Nebraska State Patrol, the Grand Island Police Department, the Hall County Sheriff’s Department, the Adams County Sheriff’s Department, the Hastings Police Department, and the Kearney Police Department.
Georgia Man Sentenced to 151 Months in Federal Prison for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Georgia man was sentenced today to 151 months in federal prison, announced United States Attorney Mike Stuart. Clifford Allen Angle, 32, previously pled guilty to possession with intent to distribute methamphetamine.
“151 months. Over 12 years in federal prison,” said United States Attorney Mike Stuart. “Drug dealers need to understand, West Virginia isn’t the place to bring your drugs and guns.”
Angle was arrested on August 1, 2017, in downtown Charleston with a firearm and a quantity of methamphetamine. Pursuant to his plea agreement, he admitted that he traveled from Georgia with approximately two ounces of methamphetamine to distribute in West Virginia. He also admitted that he has two prior drug trafficking convictions.
United States District Judge Joseph R. Goodwin imposed the sentence. In imposing the sentence, Judge Goodwin noted the severity of the sentence and stated it was appropriate based on Angle’s extensive criminal history, and the “remarkably and appallingly” lenient sentences previously imposed upon him in state court.
The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Steve Loew handled the prosecution.
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Franklin Police Officer Pleads Guilty in Federal CourtRead the Press Release
BOWLING GREEN, Ky. – A Franklin Police Department officer has waived Indictment and pleaded guilty in federal court to a felony Information charging her with conspiracy to obstruct an official proceeding, announced United States Attorney Russell Coleman.
According to a plea agreement, Vickie M. Kristiansen, age 43, of Franklin, Kentucky, participated in a local drug task force while employed with the Franklin Police Department. During the course of Kristiansen’s work, she became aware of a federal investigation into “Dr. John Doe” for unlawful prescription of controlled substances in the course of his medical practice. The defendant also became aware of steps that were being taken in the investigation.
Around February 2013, Kristiansen met with Dr. Doe and told him he was being investigated for the purpose of helping Dr. Doe avoid being charged federally. She informed him the investigators would send undercover agents to attempt to obtain controlled substances from Dr. Doe, and advised Dr. Doe not to accept any new patients. Kristiansen told Dr. Doe he should shred documents and avoid putting his trash out on the curb until trash day, to avoid law enforcement trash pulls. She promised to inform Dr. Doe if she learned “something major” was going to happen concerning the investigation. The defendant emphasized the importance of the secrecy of their conversation, stating she could lose her job for tipping off Dr. Doe. After this conversation, Kristiansen continued to participate in the investigation of Dr. Doe, which included unsuccessful attempts at sending undercover officers to make purchases from Dr. Doe and eventual seizure of documents. Kristiansen concealed her conversation with Dr. Doe. One of the primary objectives of the conspiracy was thwarted when Dr. Doe was federally charged in November 2015.
Assistant United States Attorney Amanda Gregory is prosecuting the case, and the Federal Bureau of Investigation conducted the investigation.
Franklin Man Sentenced to 60 Months for Attempted Escape and Witness TamperingRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that Brian Sanborn, 54, of Franklin, New Hampshire, was sentenced to 60 months in prison for attempted escape and witness tampering.
According to court documents and statements made in court, on May 14, 2018, Sanborn called his girlfriend from the Strafford County House of Corrections. At the time, Sanborn was detained on federal charges related to the distribution of fentanyl and methamphetamine. Sanborn was scheduled to go to federal court the next day, May 15, 2018, to plead guilty. During the recorded phone call, Sanborn instructed his girlfriend to call his mother and to follow the transport van to and from Strafford on May 15 because “something might fall out of that . . . van and you might need to pick something up.”
On May 15, 2018, after pleading guilty to distributing methamphetamine and while being transported back to the Strafford County House of Corrections, Sanborn attempted to escape the transport van by prying open the door to the cage inside the van with a six-inch piece of metal that he had smuggled into the van. Sanborn’s actions were recorded on video cameras in the van and the deputies transporting Sanborn apprehended him before he could flee. Sanborn called his mother the next day and said, in a recorded phone call, that he “fell out of the back of the van and will probably be facing escape charges.”
Another inmate was in the transport van with Sanborn when he attempted to escape. At Strafford, Sanborn sent the inmate a note that said that Sanborn knew his name and knew that the inmate had a girlfriend and child. In the note, Sanborn also offered to pay the inmate to keep quiet about what he saw in the van. The inmate informed Sanborn that he was not interested in Sanborn’s help and wanted nothing to do with the situation. After this, other inmate associates of Sanborn began to harass the inmate and told him, among other things, that he was a “rat” and threatened to beat him up or kill him.
Sanborn pleaded guilty to these charges on March 1, 2019. He previously was sentenced in September to serve 102 months in prison for methamphetamine trafficking.
“I am grateful for the fine work of the law enforcement officers whose quick thinking stopped this felon’s escape efforts,” said U.S. Attorney Murray. “In order to maintain the integrity of the judicial system and promote public safety, we will aggressively prosecute crimes such as witness tampering and escape attempts.”
“The outstanding and professional work of the Strafford County Sheriff Deputies to prevent the escape was validated today by the strong sentence sought and secured by the diligent work of the U.S. Attorney’s Office,” said U.S. Marshal Nick Willard.
This matter was investigated by the Strafford County Sherriff’s Office and the United States Marshals Service. The case was prosecuted by Special Assistant U.S. Attorney Matthew T. Hunter.
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Four International Hacking Suspects Charged with RacketeeringRead the Press Release
WASHINGTON – A criminal indictment and four arrest warrants were unsealed today charging an American, a Slovenian, a Serbian, and a Spaniard with a racketeering conspiracy to develop and distribute malware through the major computer hacking forum known as Darkode.
U.S. Attorney Jessie K. Liu for the District of Columbia, and John Selleck, Acting Assistant Director in Charge of the FBI’s Washington Field Office made the announcement.
Thomas McCormick, aka fubar, 26, of Washington state, in the United States; Matjaz Skorjanc, aka iserdo aka serdo, 32, of Maribor, Slovenia; Florencio Carro Ruiz, aka NeTK aka Netkairo, 40, of Vizcaya, Spain; and Mentor Leniqi, aka Iceman, 35, of Gurisnica, Slovenia, are each charged with racketeering conspiracy and conspiracy to commit wire fraud and bank fraud. The racketeering conspiracy charge includes conspiracy to commit bank, wire, and access device fraud, identity theft, hacking, and extortion. McCormick is also charged with five counts of Aggravated Identity Theft. The indictment was filed under seal on Dec. 4, 2018, in the U.S. District Court for the District of Columbia. McCormick was arrested on Dec. 10, 2018, at the FBI’s Washington Field Office in Washington, D.C. Skorjanc, Leniqi, and Ruiz remain fugitives.
As alleged in the charging documents, Darkode was a criminal organization centered around an online, password-protected criminal forum where high-level international hackers and other cyber-criminals convened to develop, buy, sell, trade, and share hacking tools, information, and ideas. Before becoming a member of Darkode, prospective members were vetted through a process in which an existing member invited a prospective member to the forum to present the skills or products that he or she could bring to the group. Darkode members allegedly used each other’s skills and products to infect computers and electronic devices of victims around the world with malware and, thereby gain access to, and control over, those devices.
The charges are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. The maximum penalty for a racketeering conspiracy to commit bank fraud is 20 years of incarceration. The maximum penalty for conspiracy to commit wire fraud and bank fraud is 30 years of incarceration. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, a defendant’s sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The investigation into this matter was conducted by the FBI’s Washington Field Office with assistance from Europol and their European Cyber Crime Center (EC3).
Assistant U.S. Attorneys John P. Dominguez and Peter V. Roman of the Cyber Crime Section of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case. The Computer Crime and Intellectual Property Section, Organized Crime and Gangs Section, and the Office of International Affairs of the Department of Justice’s Criminal Division provided significant assistance.
Fort Lupton Man Pleads Guilty to Selling OxycodoneRead the Press Release
DENVER – A Fort Lupton man pled guilty yesterday before U.S. District Court Judge John L. Kane to distribution and possession with intent to distribute oxycodone, a Schedule II controlled substance, announced U.S. Attorney Jason Dunn, FBI Denver Special Agent in Charge Dean Phillips, and U.S. Department of Health and Human Services, Office of the Inspector General, Special Agent in Charge Steven Hanson. The defendant, Ramon Hernandez, IV, age 35, appeared at the court hearing free on bond. He is scheduled to be sentenced by Judge Kane on September 4, 2019.
Hernandez was first charged by complaint on January 24, 2019. He was indicted by a federal grand jury in Denver on February 5, 2019. The defendant pled guilty yesterday, June 4, 2019.
According to the stipulated facts contained in the plea agreement, defendant Hernandez obtained controlled substances, including oxycodone from a family physician for the past several years. Since April 2017, Hernandez has been prescribed and has obtained 60 oxymorphone, 150 oxycodone 20-milligram pills, and 300 oxycodone 30-milligram pills per month.
During the course of the investigation, it was determined that the defendant did not consume all of the pills he obtained by prescription, but instead traded pills with another individual and also gave that individual pills to sell on his behalf. Hernandez sold as many as 150 pills per month for $2,000. Hernandez received all of the money from the sale of the drugs.
Hernandez faces not more than 20 years in federal prison, although the actual sentence will be determined by Judge Kane.
This case was investigated by the FBI and the Department of Health and Human Services Office of the Inspector General.
Former supervisor at Louisiana correctional facility sentenced for role in conspiracy to violate civil rights of inmatesRead the Press Release
MONROE, La. – A former captain at the Richwood Correctional Center was sentenced today for his role in a conspiracy to violate the civil rights of five inmates. Roderick Douglas, 38, of Monroe, Louisiana, previously pleaded guilty to conspiring with five other corrections officers to violate the Constitutional prohibition against cruel and unusual punishment. According to the defendant’s plea agreement and admission in court, Douglas and other officers sprayed a chemical agent directly in the faces and eyes of five inmates while the inmates were handcuffed, compliant, kneeling on the floor, and not posing a physical threat to anyone. Following that abuse, the officers conspired to hide their conduct by submitting false reports.
Douglas was sentenced to serve 60 months in prison by U.S. District Judge Terry A. Doughty of the Western District of Louisiana. United States Attorney for the Western District of Louisiana David C. Joseph and Assistant Attorney General Eric Dreiband for the Civil Rights Division made the announcement.
“Correctional officers deserve our respect for the jobs they do, but we must also hold them accountable when they willfully break the law and cover up the abuse of inmates,” said U.S. Attorney David C. Joseph. “The defendant in this case ignored his role as a caretaker for prisoners and violated the rights of those he was sworn to protect. My office is committed to upholding the laws of our land and the rights of all.”
“This blatant abuse of power will not be tolerated by the Department of Justice,” said Assistant Attorney General Eric Dreiband. “Today’s sentencing demonstrates the commitment of the Civil Rights Division to vigorously prosecute those who inflict cruel and unusual punishment against inmates under their care.”
Assistant U.S. Attorney Mary Mudrick of the U.S. Attorney’s Office of the Western District of Louisiana, and Trial Attorney Anita Channapati of the Civil Rights Division, Criminal Section, prosecuted the case. The Monroe Division of the FBI investigated the case.
Former Supervisor at Louisiana Correctional Facility Sentenced for Role in Conspiracy to Violate Civil Rights of InmatesRead the Press Release
A former captain at the Richwood Correctional Center was sentenced today in U.S. District Court in Monroe, Louisiana, for his role in a conspiracy to violate the civil rights of five inmates. Roderick Douglas, 38, of Monroe, Louisiana, previously pleaded guilty to conspiring with five other corrections officers to violate the Constitutional prohibition against cruel and unusual punishment. According to the defendant’s plea agreement and admission in court, Douglas and other officers sprayed a chemical agent directly in the faces and eyes of five inmates while the inmates were handcuffed, compliant, kneeling on the floor, and not posing a physical threat to anyone. Following that abuse, the officers conspired to hide their conduct by submitting false reports.
Douglas was sentenced to serve 60 months in prison by U.S. District Judge Terry A. Doughty of the Western District of Louisiana. Assistant Attorney General Eric Dreiband for the Civil Rights Division and U.S. Attorney for the Western District of Louisiana David C. Joseph made the announcement.
“This blatant abuse of power will not be tolerated by the Department of Justice,” said Assistant Attorney General Eric Dreiband. “Today’s sentencing demonstrates the commitment of the Civil Rights Division to vigorously prosecute those who inflict cruel and unusual punishment against inmates under their care.”
“Correctional officers deserve our respect for the jobs they do, but we must also hold them accountable when they willfully break the law and cover up the abuse of inmates,” said U.S. Attorney David C. Joseph. “The defendant in this case ignored his role as a caretaker for prisoners and violated the rights of those he was sworn to protect. My office is committed to upholding the laws of our land and the rights of all.”
Assistant U.S. Attorney Mary Mudrick of the U.S. Attorney’s Office of the Western District of Louisiana, and Trial Attorney Anita Channapati of the Civil Rights Division, Criminal Section, prosecuted the case. The Monroe Division of the FBI investigated the case.
Former Substance Abuse Treatment Counselor Sentenced for Distribution of FentanylRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that David Reeves, 51, of Beckley, a former substance abuse treatment counselor, was sentenced to 16 months in prison for illegally distributing fentanyl to a substance abuse treatment patient. Stuart commended the investigative work of the Drug Enforcement Administration.
“Tragic – an employee of a substance abuse treatment center distributing fentanyl to a patient being treated for opioid use disorder,” said United States Attorney Mike Stuart.
As part of his plea, Reeves admitted that he had an inappropriate relationship with a patient at Charleston Treatment Center (CTC), where he worked as a counselor from 2016 through October 2018. Reeves admitted to giving the patient fentanyl patches he had stolen from his wife’s supply, and at the time he gave the patient the fentanyl, he knew the patient was being treated for opioid use disorder at CTC. The evidence also showed that Reeves sold fentanyl to a different patient of CTC.
United States District Judge Irene C. Berger presided over the case. Assistant United States Attorney Haley Bunn handled the prosecution.
This prosecution is the result of the formation of the Opioid Fraud Abuse and Detection Unit (OFADU), a Department of Justice initiative that uses data to identify and prosecute individuals that are contributors to the national opioid crisis. The Southern District of West Virginia is one of 12 districts nationally to participate in the pilot program.
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Former CFO of Manufacturing Company Sentenced for Mail Fraud and Tax ChargesRead the Press Release
BOSTON – A Hull man was sentenced today in federal court in Boston in connection with a long-running scheme to defraud the company for which he served as the Chief Financial Officer (CFO).
Robert A. Saltzberg, 69, was sentenced by U.S. District Court Judge Allison D. Burroughs to 24 months in prison, three years of supervised release, and ordered to pay restitution of $1,360,000 to the victim and $342,000 to the IRS. In February 2019, Saltzberg pleaded guilty to one count of mail fraud and five counts of filing false tax returns.
From 1998 through 2014, Saltzberg was the CFO of a precision metal fabrication company in Franklin, of which he was a 50% co-owner. As CFO, Saltzberg was responsible for day-to-day accounting and finance operations. He also maintained complete control over the company’s financial activities, including preparing and maintaining the company books, records, and financial statements.
From 2005 to 2015, Saltzberg used his position as CFO to embezzle more than $1 million from the company by writing company checks to himself and to creditors to pay personal expenses, and then fraudulently recording the expenditures as business expenses on the company’s books.
In addition, the company’s tax preparer unknowingly relied upon the false bookkeeping information from Saltzberg to prepare the corporate tax returns. From 2005 through 2014, Saltzberg caused false expenses to be reported on the corporate returns, resulting in a lower reported company net income. Furthermore, because the company is an S-Corporation, and its net income passes through to its shareholders, the understated net income subsequently understated Saltzberg’s personal income as reported on his tax returns in those years. As a result, Saltzberg evaded paying more than $300,000 in federal taxes.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Victor A. Wild of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Former Bank Loan Officer Sentenced for Defrauding Vinita BankRead the Press Release
A former bank loan officer was sentenced to federal prison Tuesday for defrauding Oklahoma State Bank, in Vinita, of more than $175,000, announced U.S. Attorney Trent Shores.
U.S. District Judge Gregory K. Frizzell sentenced Charles Lee Enyart, 47, of Vinita, to four months in prison for two counts of embezzlement and willful misapplication by a bank officer. Following his term in prison, he will be placed on five years of supervised release. Additionally, the Court ordered the defendant to make restitution in the amount on $180, 221.17. Of that amount, a forfeiture money judgement of $171,089.16 was previously ordered by the Court, and the additional $9,132.01 was ordered for prejudgment interest.
“Charles Enyart violated the confidence placed in him by the Vinita community. He exploited his position of trust along with his personal and business relationships at Oklahoma State Bank to fraudulently take more than $175,000,” said U.S. Attorney Shores. “Our team of federal prosecutors were able to recover the funds originally lost plus interest. I’m proud of their work to bring to justice this white collar criminal.”
In December 2018, Enyart pleaded guilty to embezzling funds at the bank from November 2016 to December 2017. On Nov. 28, 2016, Enyart received $99,000 based on a false loan application to purchase cattle that he submitted under another individual’s name. Later, from September to December 2017, Enyart made multiple cash withdrawals and purchased cashier’s checks, using proceeds from a separate construction loan. Enyart withdrew the money under false pretenses, stating the money was to be used for the benefit of the individual who had applied for the loan. In both instances, he admitted to knowing the loans were insured by the Federal Deposit Insurance Corporation (FDIC) and that he used the money for his own personal benefit.
Enyart was permitted to voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and Craig County District Attorney’s Office conducted the investigation. Assistant U.S. Attorney Joseph F. Wilson prosecuted the case.
Former Airport Official Convicted in Record Setting Bribe and Kickback SchemeRead the Press Release
A jury convicted a former Wayne County Airport official on ten counts of conspiracy, federal program bribery, federal program theft, money laundering and obstruction of justice, in connection with maintenance and repair contracts for runways and parking structures at Detroit Metropolitan Airport, United States Attorney Matthew Schneider announced today.
Schneider was joined in the announcement by Timothy R. Slater, Special Agent-in-Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Andrea M. Kropf, DOT-OIG Regional Special Agent-In-Charge of the Midwestern Region of the United States Department of Transportation, Office of Inspector General.
Convicted was James Warner, 52, of Commerce Township.
The jury deliberated approximately three hours concluding the three-week trial before United States District Judge Victoria Roberts.
According to the evidence provided during trial, from May of 2010, through August of 2014, while employed as a field inspector at the Wayne County Airport Authority (WCAA), Warner engaged in multiple schemes to defraud the WCAA out of millions of dollars. In one scheme, Warner drafted and submitted fraudulently-inflated invoices for work which co-defendant William Pritula, 69, of Romulus, was contracted to perform at the airport. Upon payment by the WCAA to Pritula, Pritula would kickback roughly half of the profits to Warner—a total of over $5 million over four years—the largest bribe prosecuted to date in the Eastern District of Michigan.
In another scheme, Warner drafted and submitted fraudulent invoices on behalf of co-defendant Douglas Earles, 60, of White Late, the owner and operator of North Star Plumbing. In the invoices Warner wrote, he billed the airport for industrial-sized plumbing fixtures which Earles never installed. In exchange, Earles would kickback roughly 40 percent of the profits to Warner--over $100,000 between June of 2010, and August of 2013.
In yet a third conspiracy, Warner demanded money from co-defendant Gary Tenaglia, 65, of Oakland Township. Tenaglia held maintenance and repair contracts for Detroit Metropolitan Airport’s parking structures. Warner both inspected and supervised Tenaglia’s work and concealed any mistakes from the WCAA. In exchange, Warner demanded approximately 10 per cent of each invoice from Tenaglia. In total, Warner paid Tenaglia hundreds of thousands of dollars between May of 2011, and June of 2014. Thus far in the investigation, law enforcement has seized $11.4 million in criminal proceeds including $7.5 million from Pritula and $3.9 million from Warner.
Pritula, Earles, and Tenaglia have been convicted of conspiracy to commit bribery and theft.
Warner left the WCAA in August of 2014. In January of 2017, he began working for the Water and Sewer Department in West Bloomfield Township. Within months, Warner proposed to Tenaglia a continuation of the same scheme the two had at the airport—a demand for 10 percent of each invoice West Bloomfield Township paid Tenaglia.
In addition to the theft, bribery and money laundering offenses, the jury convicted Warner with obstructing justice by altering a document he provided to the FBI during their investigation of this matter.
In total, based on his convictions, Warner is facing a sentencing guidelines range of 292 to 365 months in prison.
United States Attorney Schneider stated, “Today’s conviction reinforces our dedication to prosecuting corrupt public officials who put their own greed over the best interests of the public. This is certainly true here, where the defendant showed little concern for the infrastructure of our very own airport.”
Special Agent-in-Charge Slater stated, "The broad scope of Mr. Warner's crimes demonstrates a profound misappropriation of the public trust. Citizens of the Eastern District deserve integrity and accountability from the officials charged with the operation of all public facilities, including Detroit Metropolitan International Airport. Today's verdict underscores our commitment to holding these officials accountable. I am proud of our investigators and our partners at the Chicago Field Office of the U.S. Department of Transportation, Office of Inspector General, whose collective efforts helped achieve it."
“Today’s conviction of James Warner, whose blatant disregard for his fiduciary responsibility to properly steward taxpayer dollars, sends a clear signal that such gross violations of public trust will not be tolerated,” stated Andrea M. Kropf, DOT-OIG Regional Special Agent-In-Charge. “The professionalism and dedication of the collective law enforcement and prosecutorial team involved in this case is a testament to an effective criminal justice system working tirelessly to protect the taxpayers’ investment in our nation’s infrastructure from fraud and abuse.”
Each theft and bribery charge carries a maximum sentence of 10 years’ imprisonment and a fine of $250,000. Each of the money laundering conspiracy counts carries a maximum sentence of 10 years’ imprisonment and a fine of $250,000. The bribery and theft conspiracy counts carry a maximum sentence of 5 years’ imprisonment and a fine of $250,000. The obstruction of justice count carries a maximum sentence of 20 years’ imprisonment and a fine of $250,000.
A sentencing date has been set for October 8, 2019.
The investigation of this case was conducted by the Federal Bureau of Investigation and the Department of Transportation. The case is being prosecuted by Assistant U.S. Attorneys Eaton P. Brown and Mark Chutkow.
Florida man admits to role in methamphetamine distribution operations in Harrison, Marion, and Monongalia CountiesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Juwan Floyd, of Tallahassee, Florida, has admitted to distributing methamphetamine, United States Attorney Bill Powell announced.
Floyd, age 27, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Floyd admitted to working with another to distribute methamphetamine in November 2017 in Harrison County.Floyd faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded in part 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.
U.S. Magistrate Judge Michael John Aloi presided.
Florida Man Arrested for Possessing Destructive Devices After an Improvised Explosive Device Was Found at Veterans Affairs HospitalRead the Press Release
Tampa, Florida – Mark Edward Allen (60, St. Petersburg) has been arrested and charged by a federal criminal complaint for the possession of unregistered explosive devices. If convicted, he faces a maximum penalty of 10 years in federal prison. Allen made his initial appearance in federal court on June 4, 2019, and has been detained.
According to the criminal complaint, on or about May 29, 2019, Allen placed an improvised explosive device at the Veterans Affairs Hospital in Bay Pines, Florida. Law enforcement personnel from the FBI, the Tampa Police Department, and other law enforcement agencies responded to the VA Hospital, and a bomb squad determined that the device contained a 9-volt battery, electrical wires, an improvised initiator, an unknown powder, and a clothespin switch. Bomb technicians ultimately rendered the device safe.
Approximately two days later, an individual called law enforcement and reported that Allen had been making other devices in his home. The individual had one of the devices, which was similar to the device found at the VA Hospital and contained electrical wires, an unknown black powder, and light-bulb initiator. Bomb technicians rendered the device safe. Ultimately, the FBI determined that Allen was responsible for both devices.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation, with assistance from the Tampa Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Veterans Affairs Police, the Department of Veterans Affairs - Office of Inspector General, the Florida Department of Law Enforcement, and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Daniel George.
Five Members of Violent Newark Drug Enterprise Indicted on Racketeering and Murder ChargesRead the Press Release
Alleged Enterprise Leader Charged with Three Murders
NEWARK, N.J. – Five alleged members of a large-scale narcotics enterprise were charged for their respective roles in several murders, firearms offenses and conspiracy to distribute illegal drugs, U.S. Attorney Craig Carpenito announced today.
Michael Healy, 38, of Montclair, New Jersey, the alleged leader of the enterprise; and Leevander Wade, 39; Ali Hill, 26; Thomas Zimmerman, 23; and Tyquan Daniels, 23; all of East Orange, New Jersey were charged in a 12-count superseding indictment with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), murder, drug conspiracy and related charges. (See chart below.)
“Today’s indictment charges Michael Healy and his fellow gang members with committing murders and other acts of violence on the streets of New Jersey to further their drug trafficking enterprise,” U.S. Attorney Craig Carpenito said. “The indictment alleges that they murdered a witness against them – and an innocent person they mistook for that witness – and anyone else they believed posed a threat to their illegal business. Prosecuting dangerous individuals like these is one of this Office’s highest priorities.”
“According to the indictment, these defendants were part of a murderous drug trafficking organization delivering drugs across the nation from west coast to east,” FBI-Newark Special Agent-in-Charge Gregory W. Ehrie said. “Keeping the public safe is a primary responsibility of the FBI. When violent criminals come in to our communities to destroy our quality of life, we will take action to get them off our streets and protect our neighbors.”
Healy and Wade are charged with three murders, including the murder of a federal informant. Zimmerman and Daniels are charged in two of the murders, including the federal informant, and Hill is charged in the murder of the federal informant only. All three of the murder counts charged in the superseding indictment are eligible for the federal death penalty upon conviction.
According to documents filed in this case and statements made in court:
In February 2018, having found out that one of his conspirators, identified in the indictment as “A.S.,” was cooperating with law enforcement by providing information against the Healy drug trafficking enterprise (DTE), Healy ordered members of the Bloods in East Orange to kill “A.S.” On Feb. 3, 2018, in Bloomfield, New Jersey, Zimmerman and Daniels allegedly shot and killed Victim-1, an innocent bystander they mistook for “A.S.” Realizing they killed the wrong person, members of the Healy DTE then shot and killed “A.S” on March 12, 2018, in Bloomfield.
On April 6, 2018, believing that another member of the enterprise – identified in the indictment as “J.C.” – might also be cooperating with law enforcement, Healy allegedly shot and killed “J.C.” in Newark.
Healy’s DTE operated in and around Newark beginning in approximately 2012. While incarcerated in the Maryland state corrections system between 2003 and 2012, Healy became a member of the Tree Top PIRU set of the Bloods street gang. After his release from prison in April 2012, Healy formed and led the Healy DTE, a large and sophisticated drug distribution organization that obtained, transported and distributed large amounts of cocaine, heroin, fentanyl and marijuana. Healy used his leadership status in the Tree Top PIRU Bloods to assist him with obtaining suppliers, recruiting and controlling enterprise members, and otherwise conducting the Healy DTE’s operations.
The Healy DTE transported multi-kilogram quantities of controlled substances from California to New Jersey by various means, including private aircraft, vehicles with hidden secret compartments, and the U.S. Postal Service. The Healy DTE then processed and repackaged the controlled substances at various “stash houses” in New Jersey. The Healy DTE distributed some of the controlled substances in New Jersey, including through Bloods gang members in East Orange. Given his leadership status in the Bloods, his reputation for violence, and his supply of controlled substances, Healy exercised control over two local Bloods gang sets in East Orange: the Mob PIRUs and the Brick City Brims. The Healy DTE also transported some of the controlled substances from New Jersey to Maryland for further distribution.
The counts in the superseding indictment carry the following maximum potential penalties:
Count
Offense
Defendant(s)
Maximum Penalties
1
Racketeering
All defendants
Life in prison; $250,000 fine
2
Racketeering Conspiracy
All defendants
Life in prison; $250,000 fine
3
Murder in Aid of Racketeering (Victim-1 Murder)
Healy, Wade,
Zimmerman and Daniels
Life in prison or death penalty; $250,000 fine
4
Use of Firearm in Furtherance of Violent Crime (Victim-1 Murder)
Healy, Wade,
Zimmerman and Daniels
Life in prison; $250,000 fine
5
Murder in Aid of Racketeering (“A.S.” Murder)
All defendants
Life in prison or death penalty; $250,000 fine
6
Conspiracy to Murder a Federal Witness (“A.S.” Murder)
All defendants
Life in prison or death penalty; $250,000 fine
7
Use of Firearm in Furtherance of Violent Crime (A.S. Murder)
All defendants
Life in prison; $250,000 fine
8
Murder in Aid of Racketeering (J.C. Murder)
Healy and Wade
Life in prison or death penalty; $250,000 fine
9
Use of Firearm in Furtherance of Violent Crime (J.C. Murder)
Healy and Wade
Life in prison; $250,000 fine
10
Felon in Possession of a Firearm
Healy
10 years in prison; $250,000 fine
11
Felon in Possession of a Firearm
Daniels
10 years in prison; $250,000 fine
12
Conspiracy to Distribute Controlled Substances
All defendants
Life in prison; $10,000,000 fine
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie; and the Newark Police Department, under the direction of Public Safety Director Anthony Ambrose, with the investigation leading to the indictment. He also thanked the Essex County Prosecutor’s Office; the Union County Prosecutor’s Office, East Orange Police Department; Montclair Police Department, and the Maryland Department of Public Safety and Correctional Services, Intelligence and Investigative Division.The government is represented by Senior Trial Counsel Robert L. Frazer and Special Assistant U.S. Attorney Naazneen Khan of the U.S. Attorney’s Office’s Violent Crimes Unit.
The charges in the superseding indictment are merely allegations, and the defendants are each presumed to be innocent unless and until convicted.
Defense counsel:
Healy: Anthony Pope Esq., Newark, Stephen Turano Esq., Newark, Thomas Ambrosio Esq. Lyndhurst, New Jersey
Wade: Troy Archie Esq., Cinnaminson, New Jersey
Hill: Gary Mizzone Esq., Little Falls, New Jersey
Zimmerman: Henry Klingeman Esq., Newark
Daniels: Thomas Ashley Esq., NewarkFederal Jury Convicts Former Southwest Florida Real Estate Broker in Half Million Dollar Fraud SchemeRead the Press Release
Fort Myers, Florida – A federal jury has convicted former real estate broker Aaron Eyerman (38, Cape Coral) in a scheme to defraud an investor of $561,000. Following a six-day trial, the jury found Eyerman guilty of three counts of wire fraud, eight counts of money laundering, and one count of false oath in relation to a bankruptcy proceeding. Eyerman’s sentencing hearing is scheduled for September 9, 2019.
According to the evidence presented at trial, Eyerman met the victim, a retired schoolteacher from Pennsylvania, working in the real estate industry. In 2015, Eyerman made false statements to the victim and convinced her to invest $300,000 in a real estate venture. Specifically, Eyerman indicated they would “flip” houses; that is, buy, rehab, and re-sell properties. Instead of using the money for that purpose, Eyerman gambled away a large portion of the money at casinos and, over a matter of seven weeks, spent the remainder on personal luxury goods, including a custom Porsche 911, a $12,700 Rolex watch, and a $50,000 down payment on his personal luxury waterfront residence in Cape Coral, Florida.
Without telling the victim that he had already spent all of her initial investment, Eyerman went back to her in August 2015, seeking more money. This time, Eyerman lied about a second business opportunity – a purported new home construction company. Eyerman convinced the victim to provide him with another $261,000, which he immediately spent for personal use, including gambling most of it away at the Seminole Indian Casino in Immokalee, Florida. In total, Eyerman defrauded the victim of $561,000.
After the victim sued to get her money back, Eyerman declared bankruptcy to avoid his debt, and lied under oath, about how he had spent the $561,000.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Charles Schmitz and Kyle Cohen.
Dracut Contractor Pleads Guilty to Bribing Naval Contracting Official in SingaporeRead the Press Release
BOSTON – A Dracut man pleaded guilty today to bribing a United States Navy contracting officer on two occasions in connection with federal construction projects worth approximately $1 million in Singapore.
Hector Sanchez, 53, pleaded guilty to two counts of bribery of a public official. U.S. District Court Senior Judge George A. O’Toole, Jr. scheduled sentencing for Sept. 19, 2019.
Sanchez was the President and co-owner of P&S Construction Inc. (P&S), a general contracting corporation headquartered in Chelmsford. In 2016, Sanchez paid a total of $15,000 to a contracting officer of the Naval Facilities Engineering Command Far East in Singapore (NAVFAC Far East) in exchange for the contracting official’s assistance in circumventing the assessment of liquidated damage of more than $69,000 against P&S. In recorded conversations between Sanchez and the Naval contracting officer, Sanchez stated that the liquidated damage assessments would negatively impact P&S’ ability to obtain government contracting work in the future. Subsequently, Sanchez delivered $10,000 in June 2016 and $5,000 in December 2016 to the Naval contracting officer in Singapore while federal agents conducted covert surveillance. During recorded conversations, Sanchez told the contracting official that P&S was “looking for the LDs [liquidated damages] to go away.” Sanchez also stated, “This is the first time we’re doing something, okay? Let’s keep it up … This is not a onetime deal … This is business.”
The charge of bribery of a federal public official provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000, or three times the monetary equivalent of the bribe, whichever is greater. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Leo S. Lamont, Special Agent in Charge, Naval Criminal Investigative Service, Northeast Field Office, made the announcement today. Assistant U.S. Attorney William F. Bloomer of Lelling’s Criminal Division is prosecuting the case.
Dominican National Pleads Guilty to Identity TheftRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence pleaded guilty today in federal court in Boston to Social Security fraud and aggravated identity theft.
Yonelin Manuel Baez Soto, 24, pleaded guilty to three counts of false representation of Social Security numbers and three counts of aggravated identity theft. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for Sept. 19, 2019. Baez Soto will be subject to deportation proceedings upon completion of any sentence imposed.
On Oct. 15, 2014, Oct. 17, 2014, and Aug. 4, 2015, Baez Soto applied for a Massachusetts learner’s permit and/or a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican born United States Citizen. In September 2018, law enforcement agents encountered Baez Soto when he was serving a sentence at Essex County Correctional Facility for possession with intent to distribute fentanyl in the Puerto Rican man’s identity. Baez Soto was identified from, among other things, a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.
The charge of false representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to run consecutive to any other term imposed, one year 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Indicted for Identity Theft, Theft of Government BenefitsRead the Press Release
PROVIDENCE – A Dominican national who allegedly failed to leave the United States after her six-month visa expired in June 2003, has been indicted by a federal grand jury in Providence for allegedly using the stolen identity of a woman living in Puerto Rico to obtain a Rhode Island driver’s license and government financed health care, unemployment, disability and food stamp benefits.
The grand jury on Tuesday returned a six-count indictment charging Sonia Jourdain, 54, with false representation of citizenship, false representation of a Social Security number, aggravated identity theft, theft of public money, and two counts of wire fraud.
According to court documents, it is alleged that in February 2014, Jourdain, using a stolen identity and Social Security number of another person, filed an application to receive Supplemental Nutrition Assistance Program (SNAP) benefits. On the application, Jourdain falsely stated that she, nor anyone in her household, was not a United States citizen.
It is alleged that in February 2014, Jourdain used a stolen identity to obtain government paid health care benefits; in May 2016 to obtain a Rhode Island driver’s license; in December 2016 to obtain SNAP benefits; in March 2017 to receive temporary disability insurance (TDI) from the Rhode Island Department of Labor and Training; and in October 2017 to obtain unemployment insurance benefits from the Rhode Island Department of Labor and Training.
It is alleged in court documents that Jourdain fraudulently received $9,942 in health care benefits, $5,928 in unemployment insurance benefits, $2,285 in TDI benefits, and more than $1,000 in SNAP benefits.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The indictment of Sonia Jourdain is announced by United States Attorney Aaron L. Weisman, Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh; Phillip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of Inspector General; Michael C. Mikulka, Special Agent in Charge of the New York Region of the Department of Labor - Office of Labor Racketeering and Fraud Investigations; and Bethanne M. Dinkins, Special Agent in Charge of the Northeast Region of the United States Department of Agriculture Office of Inspector General.
The case is being prosecuted by Assistant U.S. Attorney Dulce Donovan.
The matter was investigated by Homeland Security Investigations; Health and Human Services, Office of Inspector General; Department of Labor, Office of Inspector General; and the United States Department of Agriculture, Office of Inspector General.
###
Dominican Nation Indicted on Drug and Illegal Reentry ChargesRead the Press Release
BOSTON – A Dominican national was indicted today in federal court in Boston on charges of fentanyl distribution and illegally reentering the United States.
Francisco Alberto Martinez, 49, a Dominican national residing in Peabody, was indicted on distribution of 40 grams or more of fentanyl and unlawful reentry of a deported alien. Martinez was previously charged by criminal complaint and was detained following an initial appearance in federal court on May 14, 2019.
According to court documents, Martinez first unlawfully entered the United States on an unknown date. In December 1996, he became a legal permanent resident (LPR), but in 2011, he was convicted in federal court in Boston of cocaine conspiracy and sentenced to 66 months in prison. Upon completion of his sentence in 2014, Martinez lost his LPR status and was deported to the Dominican Republic. On May 1, 2019, Martinez sold fentanyl in Peabody. On May 14, 2019, law enforcement officers arrested Martinez in Peabody and determined that he was illegally present in the United States.
The charge of distribution of fentanyl provides for a minimum sentence of five years and no greater than 40 years in prison, four years of supervised release, and a fine of up to $5 million. The charge of illegal reentry provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. Martinez will be subject to deportation upon completion of his sentence. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Peabody Police Chief Thomas M. Griffin made the announcement. The Boston Organized Crimes Drug Enforcement Task Force (OCDETF); Massachusetts Department of Correction; Norfolk Sheriff’s Office; the Peabody, Concord, Reading, Watertown, Braintree, Waltham, Woburn, Salem, Revere, and Beverly Police Departments; and the Suburban Middlesex County Drug Task Force assisted with the investigation. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Department of Justice Opens Review of ASCAP and BMI Consent DecreesRead the Press Release
As part of The Department of Justice’s ongoing review of legacy antitrust judgments, the Antitrust Division today announced that it has opened a review of its consent decrees with The American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). For more than seventy-five years, these decrees have governed the process by which these two organizations license rights to publicly perform musical works. The purpose of the Division’s review is to determine whether the decrees should be maintained in their current form, modified, or terminated.
ASCAP and BMI are the two largest performing rights organizations in the United States. Their primary function is to pool the copyrights held by their composer, songwriter, and publisher members or affiliates and collectively license public performance rights to music users such as radio and television stations, streaming services, concert venues, bars, restaurants, and retail establishments. The Antitrust Division first entered into consent decrees with ASCAP and BMI in 1941 and they have since been modified – the ASCAP decree most recently in 2001 and the BMI decree in 1994. The decrees require ASCAP and BMI to issue licenses covering all works in their repertory upon request from music users. If the parties are unable to agree on an appropriate price for a license, the decrees provide for a “rate court” proceeding in front of a U.S. district judge. Neither decree contains a termination date.
“The ASCAP and BMI decrees have been in existence in some form for over seventy-five years and have effectively regulated how musicians are compensated for the public performance of their musical creations,” said Makan Delrahim, Assistant Attorney General for the Antitrust Division. “There have been many changes in the music industry during this time, and the needs of music creators and music users have continued to evolve. It is important for the Division to reassess periodically whether these decrees continue to serve the American consumer and whether they should be changed to achieve greater efficiency and enhance competition in light of innovations in the industry.”
The Antitrust Division has posted an invitation for public comment on its public website (https://www.justice.gov/atr/antitrust-consent-decree-review-ascap-and-bmi-2019), inviting interested persons, including songwriters, publishers, licensees, and other industry stakeholders to provide the Division with information or comments relevant to whether the ASCAP and BMI decrees should be modified, terminated, or retained unchanged. The period for public comment ends August 9, 2019.*
* The original version of this release stated the public comment period ended on July 10, 2019. The original 35 day comment period is now extended to 65 days.
Denver Deputy Sheriff and Other Individual Charged with Federal Drug CrimesRead the Press Release
DENVER – Denver Sheriff’s Deputy Sylvia Montoya, age 46, and Timothy Spikes, age 36, both from Denver, were charged with drug trafficking crimes. Spikes also faces a federal firearm charge. The arrests were announced by U.S. Attorney Jason Dunn and ATF Denver Division Special Agent in Charge David Booth. At yesterday’s detention hearing Spikes was ordered held in custody without bond while Montoya was released on bond.
According to the indictment, Sylvia Montoya and Timothy Spikes did knowingly and intentionally possess with intent to distribute 28 grams or more of crack cocaine and 5 grams or more of methamphetamine; did unlawfully and knowingly use and maintain a place for the purpose of distributing crack cocaine and methamphetamine, located at 3966 S. Wadsworth, Apartment #201, in Lakewood, Colorado; and defendant Timothy Spikes did knowingly and intentionally possess with intent to distribute heroin.
In addition, defendant Timothy Spikes was also charged with knowingly possessing a firearm in furtherance of a drug trafficking crime; knowingly and intentionally possessing with intent to distribute crack cocaine; knowingly and intentionally possessing with intent to distribute methamphetamine; and possession of a firearm and ammunition, having been previously convicted of a felony crime.
If convicted, both defendants face not less than 10 years and not more than life in federal prison for some of the charges. Other charges carry a penalty of not more than 20 years in prison.
This case was investigated by the newly formed RAVEN (Regional Anti-Violence Enforcement Network), including the Denver Division of the ATF, the Aurora and Denver Police Departments, the Douglas County Sheriff’s Office, the Homeland Security Investigations (HSI), the Arapahoe County Sheriff’s Office, the Lakewood Police Department and the Denver District Attorney’s Office. The defendants are being prosecuted by Assistant U.S. Attorney Celeste Rangel.
The charges in the indictment are allegations, and the defendants are presumed innocent until proven guilty.
DeKalb County Man Arrested for Failure to Register in the State of Alabama as Sex OffenderRead the Press Release
BIRMINGHAM – A DeKalb County man was arrested for a violation of the Sex Offender Registration and Notification Act announced U.S. Attorney Jay E. Town and U.S. Marshal Martin Keely.
A criminal complaint filed in the U.S. District Court charges JASON WIENK, 45, with failure to register or update registration in violation of the Sex Offender Registration and Notification Act (SORNA). Wienk was convicted of predatory criminal sexual assault of a child in the Circuit Court of Winnebago County, Illinois. Such criminal conviction requires Wienk to register as a sex offender for life. Wienk moved across state lines to Alabama and did not register as a sex offender. Wienk will be detained and held in federal custody pending disposition of this case.
“Sexual assault of an innocent child is despicable,” Town said. “U.S. Marshals proved in this case that sex offenders who flee to another state, and violate the law by not registering as a sex offender in that state, will be caught. Our net will always be bigger than their map. We appreciate the investigative work of the U.S. Marshals Service in Alabama and Illinois, and our partnership with the DeKalb County Sheriff’s Office, in this investigation.”
Under the Adam Walsh Child Protection and Safety Act of 2006, if a convicted sex offender travels to another state and fails to register as required by law, he/she is subject to federal prosecution that carries penalties of a fine and/or imprisonment for up to 10 years.
U.S. Marshals Service for the Northern District of Alabama and Northern District of Illinois along with DeKalb County Sheriff’s Office investigated the case. Assistant U.S. Attorney R. Leann White is prosecuting the case.
A criminal complaint contains only charges. A defendant is presumed innocent unless and until proven guilty.
D.C. Man Sentenced to 15 Years in Prison for Shooting Woman during Birthday Celebration in Northeast, Washington, D.C.Read the Press Release
WASHINGTON – Daniel Geter, 25, of Washington, D.C., was sentenced on Monday to 15 years in prison on charges stemming from a shooting outside an apartment building in Northeast Washington, D.C., announced U.S. Attorney Jessie K. Liu.
Geter was found guilty in March 2019, following a trial in the Superior Court of the District of Columbia, of charges of assault with intent to kill while armed, aggravated assault while armed, and related firearms offenses. He was sentenced by the Honorable Robert Okun. Geter will be placed on five years of supervised release following his prison term.
According to the government’s evidence, on March 17, 2018, at around 9:30 a.m., the victim and other friends gathered outside 1219 Simms Place NE to celebrate a birthday. Geter, who was dating one of the victim’s friends, arrived and criticized his girlfriend’s clothing. The victim verbally defended her friend. Geter approached the victim, pulled out a Ruger .380 semi-automatic handgun and fired six shots at the victim. Geter walked away while continuing to shoot at the victim. The victim was struck three times in the leg, piercing her femoral artery. After receiving immediate medical attention on scene from responding officers, the victim was hospitalized, lost copious amounts of blood when she arrived to the hospital, and required multiple surgeries. The victim sustains life-altering injuries, including relearning to walk. Geter was arrested on March 23, 2018.
In announcing the sentence, U.S. Attorney Liu expressed her appreciation to the Metropolitan Police Department and the U.S. Marshals Service for their work on the case. She also acknowledged the work of Paralegal Specialist Debra McPherson and Litigation Technology Specialist Thomas Royal of the U.S. Attorney’s Office, and former AUSA Sumit Mallick, who investigated the case. Finally, she commended Assistant U.S. Attorneys Puja Bhatia and Andrea Duvall, who indicted and prosecuted the case.
Convicted Felon Sentenced to More Than 7 Years in Federal Prison for Illegally Possessing a Loaded Semi-Automatic Handgun in ChicagoRead the Press Release
CHICAGO — A convicted felon has been sentenced to more than seven years in federal prison for illegally possessing a loaded semi-automatic handgun and pointing it at a car full of people, including a 4-year-old child, outside a Chicago convenience store.
ANTHONY DRAYTON, 37, of Berwyn, illegally possessed the gun on the night of Feb. 27, 2018, in the Austin neighborhood on the West Side of Chicago. Drayton approached a vehicle outside a convenience store and pointed the gun at two occupants in the front seat. The child was sitting in the back seat. After the victims told Drayton there was a child in the car, Drayton lowered the gun and walked away. Chicago Police officers were called to the area and quickly arrested Drayton nearby.
Drayton, who was on parole at the time of the offense, had previously been convicted of multiple felonies, including two shootings, and was not legally allowed to possess a firearm.
Drayton pleaded guilty last year in the federal case to one count of illegal possession of a firearm by a felon. U.S. District Judge John Z. Lee on Monday sentenced Drayton to seven years and three months in federal prison.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and Eddie Johnson, Superintendent of the Chicago Police Department.
“The defendant is the poster child for why guns in the hands of felons are so dangerous and destructive,” Assistant U.S. Attorney Christopher V. Parente argued in the government’s sentencing memorandum. “It is important for everyone in Chicago to know that gun crime will not be tolerated as a norm in this city, and that if someone possesses an illegal firearm there will be consequences and they will be swift and severe.”
Holding convicted felons accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
Clarksville Man Sentenced to 15 Years in Federal PrisonRead the Press Release
NASHVILLE, Tenn. – June 5, 2019 – Willie Collins, 38, of Clarksville, Tennessee, was sentenced Monday in U.S. District Court, to 15 years in federal prison for being a convicted felon in possession of a firearm, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Collins was indicted in March 2017 and pleaded guilty in December 2017.
“This is yet another example of our commitment to work with our local law enforcement partners and remove dangerous and repeat offenders from the streets of our communities,” said U.S. Attorney Cochran. We will continue our aggressive enforcement efforts in partnership with the Clarksville Police Department and the ATF to ensure the safety and security of this community.”
According to charging documents and court records, Collins was arrested by Clarksville police officers on May 24, 2016, after responding to a call about shots being fired on Chapel St., in Clarksville. When responding officers arrived and encountered Collins, he walked away from them and placed what was later found to be a Beretta 9mm handgun on the top of the tire of a vehicle parked nearby. Officers also found several spent shell casings in close proximity and a car that had sustained damage from gunfire. Video surveillance later obtained also showed Collins firing a handgun toward an individual with whom he had been in an argument.
Collins had previously been convicted of several felonies, including possession with intent to sell cocaine, robbery, reckless endangerment with a deadly weapon, and other crimes.
In sentencing Collins, Chief U.S. District Judge Waverly D. Crenshaw, Jr., found that Collins’ criminal history qualified him as an Armed Career Criminal and subject to sentence enhancement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Clarksville Police Department. The case was prosecuted by Assistant U.S. Attorney Joseph Montminy.
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Chicago Man Sentenced to 32 Years in Prison for Sex Trafficking a MinorRead the Press Release
CHICAGO — A federal judge has sentenced a Chicago man to 32 years in prison for arranging commercial sex encounters for a 16-year-old girl and related crimes.
JOSEPH HAZLEY, 35, posted the girl’s information in sexually explicit online advertisements, and arranged multiple meetings for her to engage in commercial sex. Hazley drove the girl to several meetings in the Chicago area in December 2016. One of the meetings occurred in the early morning hours of Christmas Eve, after a customer had responded to Hazley’s posting. Hazley drove the girl to Markham and waited in his car while the girl met with the customer in a nearby garage. During the encounter, the customer allegedly murdered the girl. The suspected customer was subsequently arrested by the Chicago Police Department and charged with murder in Cook County Criminal Court.
A jury earlier this year convicted Hazley on federal sex trafficking charges. U.S. District Judge Sharon Johnson Coleman imposed the sentence Tuesday in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; Thomas J. Dart, Cook County Sheriff; and Eddie Johnson, Chicago Police Superintendent. The case was investigated by the Chicago FBI South Resident Agency and the Cook County Sheriff’s Police. Substantial assistance was provided by the Cook County State’s Attorney’s Office, Markham Police Department, and FBI Field Offices in Tampa, Fla., and Cleveland, Ohio. The government is represented by Assistant U.S. Attorneys Christopher Parente and Kelly Greening.
“The defendant targeted young, vulnerable women to traffic and exploit,” said U.S. Attorney Lausch. “Our office will continue to seek justice on behalf of sex trafficking victims for whom individuals like the defendant show no remorse.”
“The horror of this case brought to light the plight of thousands of vulnerable young women, taken advantage of via online sex trafficking every year,” said Sheriff Dart. “This sentence represents justice in this case and for all victims, and so does all that’s happened since – including federal legislation against online sex trafficking and the shuttering of the largest online sex trafficking platform in the country. My office will continue to fight for all of the victims of this heinous crime.”
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com/home or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.