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17 July 2019
Former Pittsburgh Resident Pleads Guilty to Possessing a Loaded Handgun to Aid in Heroin Delivery to Undercover FBI AgentRead the Press Release
PITTSBURGH, Pa – A former resident of Pittsburgh, PA pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime, United States Attorney Scott W. Brady announced today.
Leonard Rushin-Felder, 23, pleaded guilty on July 16, 2017 in front of the Chief U.S. District Judge Mark R. Hornak in Pittsburgh.
The court was advised that on April 25, 2017, members of the FBI’s Western Pennsylvania Opioid Task Force executed a search warrant in the City of Pittsburgh. Based on that investigation, FBI agents were able to act in an undercover capacity to order a delivery of heroin from a co-defendant. Leonard Rushin-Felder drove the co-defendant to the delivery location when the car was intercepted by FBI agents. After Rushin-Felder and his co-defendant were detained, a search of Rushin-Felder’s car yielded a loaded semi-automatic handgun in a secret compartment in the armrest of the driver’s window and approximately 20 bricks of heroin in a secret compartment in the armrest of the passenger side window. Rushin-Felder admitted to possessing that firearm to further the delivery of the heroin. Rushin-Felder has been detained and will continue to be detained pending sentencing which Judge Hornak set for November 8, 2019. Rushin-Felder is also serving a federal sentence for assaulting two United States Marshals during his arraignment and detention hearing on this case.
Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. The Federal Bureau of Investigation –Western District of Pennsylvania Opioid Task Force Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, Sto-Rox Police Department, and Pennsylvania Attorney General’s Office.
Former New York City Human Resources Administration Employee and Two Others Sentenced for Their Roles in Scheme Involving Theft of Hundreds of Thousands in HRA FundsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that ELIANA BAUTA, GERALDINE PEREZ, and ERIC GONZALES have been sentenced for their involvement in a scheme to steal over $300,000 in funds from the New York City Human Resources Administration (“HRA”). BAUTA, who perpetrated the offenses in her capacity as an HRA employee, was sentenced today by U.S. District Judge Valerie E. Caproni to two years in prison. PEREZ was previously sentenced by Judge Caproni to nine months in prison. GONZALES was previously sentenced by Judge Caproni to two years of probation.
Manhattan U.S. Attorney Geoffrey S. Berman said: “The defendants have now been convicted of stealing money that was intended to be used to help some of New York’s neediest residents. As this prosecution makes clear, we are committed to rooting out those who would abuse the public trust and to ensuring that funds from public programs go to their intended recipients, not the pockets of unscrupulous employees and their co-conspirators.”
According to the Complaint, the Indictment, and statements made in court proceedings:
HRA is an agency of the City of New York responsible for administering the majority of the City’s public assistance programs. Among other things, HRA provides temporary, emergency cash assistance to individuals and families with social service and economic needs to assist them in reaching self-sufficiency. The emergency assistance is funded by the federal government as well as by New York State and the City.
Since 2015, the New York City Department of Investigation ("DOI") has been investigating two related schemes in which an HRA employee – BAUTA – defrauded HRA and the City by using her position to commit public assistance fraud. BAUTA worked as a Job Opportunity Specialist for HRA from approximately January 2008 to on or about May 23, 2018. As a Job Opportunity Specialist, BAUTA was at various points responsible for interviewing benefits applicants, compiling and submitting applicants’ paperwork, and disbursing applicants’ benefits.
In the first of the two schemes, BAUTA caused the fraudulent issuance of emergency benefits funds to relatives and acquaintances, including GERALDINE PEREZ and ERIC GONZALES, among others, who in truth and in fact did not qualify for those funds. For example, BAUTA altered a police report submitted by an actual HRA client by changing the name of the victim to a family member’s name, and then entered the doctored report into HRA systems in support of a request for benefits to be issued to that family member. On another occasion, BAUTA submitted a request for emergency benefits to be issued to an individual after an alleged disaster, but no such disaster had occurred. Both PEREZ and GONZALEZ were knowing recipients of such fraudulently issued funds and shared the proceeds with BAUTA.
In the second scheme, BAUTA obtained access to and misappropriated emergency benefits checks issued to actual HRA clients. Instead of providing the checks to the legitimate clients in need of emergency funding, BAUTA gave them to PEREZ and GONZALES, among other of BAUTA’s relatives and associates, who deposited the checks in their own bank accounts and withdrew the funds, and then shared the proceeds with BAUTA. In total, the two schemes resulted in losses to HRA of at least $309,000 in public funds.
In addition to obtaining stolen HRA checks into her bank account and the bank accounts of family members, PEREZ also deposited or caused to be deposited into these same accounts improperly obtained United States Treasury checks that were issued to other individuals as tax refunds. In total, 23 such checks worth more than $91,000 were deposited into bank accounts of PEREZ and her family members and associates. PEREZ then split the proceeds with a tax preparer who assisted in the scheme.
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In addition to the prison term, BAUTA, 36, of the Bronx, New York, was sentenced to three years of supervised release, and was ordered to forfeit $256,348.46 and to pay $312,408.60 in restitution.
PEREZ, 61, of the Bronx, New York, was sentenced by Judge Caproni on June 11, 2019, to nine months in prison and three years of supervised release (including six months of home detention), and was ordered to forfeit $233,259.34 and to pay $233,259.34 in restitution.
GONZALES, 27, of the Bronx, New York, was sentenced by Judge Caproni on June 20, 2019, to two years of probation (including 150 hours per year of community service), and was ordered to forfeit $998.33 and to pay $37,767.64 in restitution.
Mr. Berman praised the investigative work of DOI and the Internal Revenue Service.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Paul Monteleoni and Catherine Ghosh are in charge of the prosecution.
Former Monroe County Chief Deputy Auditor sentencedRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that James Hans Huffman, 48, of Bloomington was sentenced to 96 months in prison for Possession of Child Pornography by the Honorable Sarah Evans Barker. Huffman served as the Chief Deputy Auditor for Monroe County, Indiana from 2017-2018, and Chief Deputy Treasurer for Monroe County, Indiana from 2009-2017.
The case began when the Bloomington Police Department uncovered that Huffman and a 16-year-old male were utilizing social media applications to text and send nude pictures and videos back and forth between one another. Shortly thereafter, a search warrant was executed at Huffman’s home and authorities would later find a large, highly organized collection of child pornography. Huffman’s collection included imagery of toddlers, bondage and sadomasochistic conduct, and bestiality. In total, his collection included 230,000 individual child pornography pictures and movies.
“The U.S. Attorney’s Office is committed to protecting children from predators like Huffman,” said Minkler. “Anyone who preys upon a child, no matter what public office they hold, will be held fully accountable under the law.”
This case was jointly investigated by the Southern District of Indiana Crimes Against Children Task Force, including the Federal Bureau of Investigation, Indiana State Police, and the Bloomington Police Department.
“When the most vulnerable of our citizens – our children - are victimized we will always ensure we do everything in our power to protect them and get predators such as this off the street,” said Danny Youmara, Acting Special Agent in Charge of the FBI’s Indianapolis Division. “This sentence is a great example of the importance of the FBI’s partnerships – in this case with the Bloomington Police Department, Indiana State Police, and the Monroe County Prosecutor’s Office – and how we combined resources and investigative efforts to ensure the safety of the children in the community.”
“Indiana State Police investigators work diligently every day, all across Indiana, and in collaboration with its law enforcement partners, to bring to justice those who seek to capitalize on the victimization of children,” commented Indiana State Police Superintendent Douglas G. Carter.
This case was prosecuted by Assistant United States Attorney Bradley P. Shepard. According to AUSA Shepard, Huffman will be on supervised release for 10 years following his release from prison; he was fined $5,000, and will have to register as a sex offender.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.2.
Former El Paso County Swim Coach Pleads Guilty to Sexual Abuse of A MinorRead the Press Release
DENVER – Walter James Winkler, age 48, formerly of El Paso County, Colorado, pled guilty this week to sexual abuse of a minor, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. The guilty plea was before Chief U.S. District Court Judge Philip A. Brimmer. Winkler appeared at the hearing free on bond, which was continued at the hearing’s conclusion. He will be sentenced by Chief Judge Brimmer on September 27, 2019.
According to the stipulated facts contained in the plea agreement, between 1994 and 2018, Winkler worked as a youth swimming coach at Fort Carson Army Base in Colorado, Warren Air Force Base in Wyoming, and East High School in Wyoming. On November 10, 2017, Swimming authorities received an anonymous online tip which was forwarded to the U.S. Center for SafeSport in Colorado Springs. The tip alleged that Winkler had inappropriate sexual relationships with two minors when he was a coach at Fort Carson in the 1990s.
According to the plea agreement, Winkler first started by making sexual comments to a 12 year old minor and getting “touchy feely” when he started coaching her. Then one day he asked the girl to stay late after practice. Winkler then sexually assaulted her. There were additional alleged incidents of sexual assault from approximately 1994 through 1998. He also had sex with another girl at the Fort Carson pool during this same time period. The U.S. Center for SafeSport suspended Winkler from coaching on February 21, 2018. He resigned as a high school swimming coach in Cheyenne shortly thereafter.
“Sexual abuse of a minor by a person in a position of trust is a horrific crime that we will pursue aggressively every time,” said U.S. Attorney Jason Dunn. It is possible there were more victims, perhaps in Colorado or Wyoming. If anyone has information about inappropriate sexual contact by Winkler during his coaching career please call the FBI at 303-629-7171.
This case was investigated by the FBI with support from a number of local law enforcement agencies.
Former District Government Employee Sentenced to 84 Months in Prison for Scheme Involving over $1.4 Million in Fraudulently Issued BenefitsRead the Press Release
WASHINGTON – Demetrius McMillan, 48, a former employee of the District of Columbia Department of Human Services (DHS), was sentenced today to 84 months in prison for his involvement in a scheme in which he defrauded the agency of more than $1.4 million by steering inflated food stamp and temporary assistance benefits to people who were entitled to receive them.
The announcement was made by U.S. Attorney Jessie K. Liu, Acting Special Agent in Charge, Criminal Division, Washington Field Office Charles A. Dayoub, District of Columbia Inspector General Daniel W. Lucas, and Special Agent in Charge Maureen R. Dixon of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
McMillan, of Washington, D.C., pled guilty in the U.S. District Court for the District of Columbia in March 2019. He was sentenced by the Honorable Senior Judge Paul L. Friedman. The judge also ordered McMillan to pay $1,456,985 in restitution and pay an additional $150,000 forfeiture money judgement. Upon completion of his prison term, McMillan will be place on three years of supervised release.
McMillan’s scheme targeted and defrauded the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamps program, and Temporary Assistance for Needy Families (TANF), which consists of cash benefits. Benefits in both programs were provided to clients via electronic benefit cards.
According to the government’s evidence, McMillan worked as a social service representative at a DHS service center in Southeast Washington. Social service representatives reviewed and processed applications for SNAP and TANF payments, as well as “underpayments.” Underpayments occurred when DHS clients did not receive the SNAP or TANF payments for which they were eligible. These could be caused by errors by DHS or by the clients. Social service representatives were permitted to authorize up to $2,000 in underpayments at a time without supervisory approval. As part of his work, McMillan also had access to the computer system used by DHS to manage services, including the creation of underpayments.
Between April 25, 2018, and July 25, 2018, McMillan used his access to the computer system to authorize approximately 779 fraudulent SNAP and TANF underpayments for approximately 305 beneficiaries, totaling approximately $1,456,985. According to the plea documents, he authorized these underpayments knowing that the beneficiaries were not entitled to them. In exchange for authorizing these fraudulent underpayments, he solicited more than $380,000 in cash kickbacks from the beneficiaries, and accepted at least $150,000 in cash kickbacks. McMillan also solicited and accepted sexual favors from some of the beneficiaries in exchange for issuing fraudulent underpayments.
In order to avoid detection, McMillan intentionally ensured that each fraudulent underpayment transaction fell below the $2,000 threshold for which supervisory approval was required. The average fraudulent SNAP underpayment he created was approximately $1,757, and the average fraudulent TANF underpayment was $1,986.
McMillan recruited beneficiaries to the scheme by soliciting D.C. DHS clients who were eligible for SNAP and TANF benefits and with whom he had a previous working relationship. He also used third parties to recruit beneficiaries to the scheme. For the most part, the agreement was that in exchange for authorizing fraudulent SNAP and TANF underpayments in a particular beneficiary’s name, McMillan would get approximately $1,000 out of each fraudulent TANF underpayment he authorized for that beneficiary.
All told, 296 of the 305 beneficiaries for whom Defendant McMillan authorized fraudulent underpayments were women. In addition to soliciting and accepting cash kickbacks from these female beneficiaries, McMillan engaged in texting of a sexual nature with at least 50 of them, frequently soliciting sexual favors in exchange for authorizing fraudulent underpayments. In his guilty plea, McMillan admitted that he accepted sexual favors from 10 to 20 female beneficiaries in exchange for authorizing fraudulent underpayments.
In announcing the sentence, U.S. Attorney Liu, Acting Special Agent in Charge Dayoub, District of Columbia Inspector General Lucas, and Special Agent in Charge Dixon of U.S. HHS-OIG, commended the work of those who investigated the case from the FBI’s Washington Field Office, the District of Columbia Office of the Inspector General, and the U.S. Department of Health and Human Services Office of Inspector General. They also expressed appreciation for the work of Assistant U.S. Attorney Emily A. Miller who prosecuted the case and Paralegal Specialist Aisha Keys who assisted.
Former Customs and Border Protection Officer Pleads Guilty to Federal Charges for Running Illegal Firearms Business, Tax EvasionRead the Press Release
LOS ANGELES – A former U.S. Customs and Border Protection watch commander at the Long Beach Seaport pleaded guilty today to federal criminal charges for running an illegal gun-selling business, unlawfully possessing more than 40 machine guns and other prohibited firearms, failing to disclose his foreign financial interests and contacts in China in order to obtain a secret-level security clearance, and cheating on his federal income taxes.
Wei Xu, 56, of Santa Fe Springs, pleaded guilty to four felonies: unlawfully engaging in the business of dealing in firearms, unlawfully possessing unregistered firearms, making materially false statements to a federal agency, and tax evasion.
United States District Judge R. Gary Klausner has scheduled a January 14, 2020 sentencing hearing, where Xu will face a statutory maximum sentence of 25 years in federal prison. Xu has been in federal custody since his arrest on February 5.
Xu admitted in his plea agreement and in open court today, that he sold at least 99 firearms without the required federal license between the late 1990s and his arrest. To increase the profit margin of his unlawful firearms selling business, Xu exploited his status as a law enforcement officer to purchase and then transfer “off-roster” handguns that cannot be sold to the general public by a federal firearms license (FFL) dealer, according to the plea agreement.
Xu also sold or transferred firearms within days or weeks from the date he purchased them and operated several accounts on Internet marketplaces to advertise his firearm business, according to court documents.
According to plea documents and Xu’s admissions in court today, in July and August 2018, Xu sold four firearms to an undercover agent posing as a buyer, and Xu unlawfully sold three of the firearms out of the trunk of his car. The firearms included an “off-roster” pistol, high-capacity magazines, and a short-barreled rifle, the plea agreement states.
A search of Xu’s residence on February 5 recovered more than 250 firearms, including 41 fully-automatic firearms or machineguns and two additional short-barreled rifles – all of which never were registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as required by federal law.
Xu also admitted that he made materially false statements on three questionnaires submitted to the Office of Personnel Management (OPM) to obtain a secret-level security clearance. OPM is a federal agency that oversees applications for security clearances for federal government employees.
Specifically, Xu maintained foreign financial interests and had nearly weekly contacts with his business associates in China as part of his employment as an accounts manager for a China-based auto parts import company. Xu collected a commission for his work and remitted the profit to his China-based business partners. But on his security clearance questionnaires in 2003, 2011 and 2015, Xu falsely denied maintaining close and continuing contacts with foreign nationals, denied having a foreign financial interest, and denied having a business venture with a foreign national.
Finally, Xu admitted in his plea agreement that he willfully evaded the payment federal income tax from 2005 to 2017 by setting up Trans Pacific Group, Inc. Xu used this Florida-incorporated sham company as a means to claim fictional ordinary business losses to offset his ordinary income and fraudulently evade tax due to the Internal Revenue Service.
“Mr. Xu’s public life as a federal officer masked his private greed and disrespect for the law, which he demonstrated through illegal weapons sales, tax evasion, and lying about contacts with foreign nationals,” said United States Attorney Nick Hanna. “Public officials promise to act with integrity when they take an oath of office, and we will zealously prosecute those who mock the laws they have sworn to uphold.”
“ATF Los Angeles Field Division regularly works with our federal, state and local law enforcement partners to protect the public from violent criminals and firearms traffickers,” said the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge of Los Angeles Field Division Carlos A. Canino. “We are proud to have assisted in bringing this case to a positive conclusion.”
“Mr. Xu's plea to a variety of offenses including trafficking in illegal firearms, tax fraud and lying to his government employer about Chinese contacts in order to maintain a security clearance, is a necessary step in holding him accountable for years of criminal activity,” said Paul Delacourt, the Assistant Director in Charge of the FBI's Los Angeles Field Office. “Our communities and our nation are more secure now that Mr. Xu has been stripped of his access to guns and confidential information.”
“As admitted in court today, Xu made many bad decisions during his employment as a sworn law enforcement officer with the United States Customs and Border Protection – least of all was his ongoing decision to evade the payment of taxes due to the IRS for a period of over 10 years through the use of a sham corporation,” stated Special Agent in Charge Ryan L. Korner with IRS Criminal Investigation. “IRS Criminal Investigation is proud to partner with the FBI and ATF in this thorough investigation and hopes the message is clear--operating outside the law and failing to pay taxes has severe consequences.”
This matter is being investigated by the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and IRS Criminal Investigation.
This case is being prosecuted by Assistant United States Attorneys Annamartine Salick of the Terrorism and Export Crimes Section, Valerie L. Makarewicz of the Major Frauds Section, and Brent A. Whittlesey of the Asset Forfeiture Section.
Florissant Man Sentenced to 20 Years for Selling Fatal Dose of Acetyl-FentanylRead the Press Release
St. Louis - Jaleel Zakee Adams, 23, of Florissant, MO was sentenced today to a term of 20 years in federal prison by Senior United States District Judge E. Richard Webber. At the time of his guilty plea in April 2019, Adams admitted that on November 15, 2017, he knowingly sold acetyl-fentanyl to R.I. of Florissant. After meeting with Adams and purchasing acetyl-fentanyl, R.I. returned home and was later found unresponsive. The Medical Examiner determined that R.I. died as a result of acute acetyl-fentanyl intoxication. Acetyl-fentanyl is a powerful and often deadly analogue of fentanyl developed strictly for the illicit market. It has no legitimate medical use.
Shortly after R.I.’s death, the Florissant Police Department made controlled purchases of fentanyl from Adams, and later executed a search warrant at his family’s residence in the 100 block of Kendl Court. During the search, police located drugs and multiple firearms. Adams admitted that he sold heroin and fentanyl to make money. Firearm charges against Adams were dismissed in exchange for his guilty plea.
United States Attorney Jeffrey B. Jensen praised the Florissant Police Department, which investigated the case. Jensen noted, “[t]his case serves as a stark reminder of the dangers of opioids, and particularly fentanyl. Fentanyl and its analogues are dangerous and their use all too frequently results in deaths. When such tragedies occur, the individuals responsible will be held accountable.”
Florissant Police Chief Timothy Fagan reiterated his commitment to the aggressive investigation of overdose deaths. “Individuals who engage in the sales of opioids prey upon their neighbors suffering from substance use disorders. We will continue to use every resource available in an effort to stem the tide of opioids in this community, and we will continue to seek justice for the victims of illegal drug trafficking.”
Federal Jury Convicts Birmingham Man on Drug and Gun ChargesRead the Press Release
Federal Jury Convicts Birmingham Man on Drug and Gun Charges
A federal jury took only an hour and half today to convict a Birmingham man of possession of 230 grams of cocaine base, also known as “crack” cocaine, with the intent to distribute, and one-count of possession of a gun in furtherance of a drug-trafficking crime, announced U.S. Attorney Jay E, Town and Drug Enforcement Administration Special Agent in Clay Morris.
The jury returned its guilty verdict against Edwin Pettaway, 46, of Birmingham, after three days of testimony before U.S. District Judge Annemarie Axon. Pettaway will be sentenced on November 13, 2019.
Evidence at the trial proved that on November 15, 2017, Pettaway was found to be in possession of crack cocaine and a firearm in furtherance of the drug crime. Upon entering the residence, agents found Mr. Pettaway in a bedroom with 230 grams of “crack” cocaine, digital scales, packaging materials, and a firearm among his personal belongings.
“Convicted felons with drugs and firearms pose a clear threat to every person in the Northern District,” Town said. “Our prosecutors will not leave their fight in the dressing room when bringing threats like Pettaway to justice. Beds are reserved in federal prison for those who continue to plague our communities with illegal drugs and guns. Our prison beds can never be too full of these dangerous criminals.”
“Dangerous criminals like Pettaway need to take notice that DEA and our law enforcement partners will not tolerate their criminal activities,” Morris said. “Drugs and guns are a deadly combination that often end with violent acts. Again, today’s verdict should send a resounding message to all drug dealers in Alabama. We will target you, investigate you, and ensure that you go to prison in order to make our communities safe.”
The penalty for possessing with intent to distribute 28 grams or more of cocaine base is a minimum of 5 years in prison. The possession of a firearm in furtherance of a drug trafficking crime carries an additional sentence of 5 years that cannot be run concurrently with the drug sentence.
The Drug Enforcement Administration along with the Birmingham Police Department investigated the case. Assistant United States Attorneys William G. Simpson and John G. Camp prosecuted the case.
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Fayetteville Man Sentenced for Narcotics and Firearms CrimesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced ALLEN WENDELL MCNEIL, 36, of Fayetteville, North Carolina to 114 months imprisonment, followed by 3 years of supervised release.
MCNEIL was named in an Indictment filed on November 7, 2018 charging him with Possession with Intent to Distribute a Quantity of Marijuana, Possession of a Firearm in Furtherance of a Drug Trafficking Crime and Possession of a Firearm by a Felon. On February 5, 2019, MCNEIL pled guilty to those charges.
On September 20, 2018 officers with the Fayetteville Police Department conducted a knock and talk at MCNEIL’S residence. Law enforcement had received reliable information that MCNEIL was engaged in the distribution of narcotics. When officers arrived at the home, MCNEIL was in an outbuilding that was furnished as an apartment with surveillance equipment. Based upon a strong odor of marijuana the officers applied for a search warrant. Upon execution of the search warrant officers found 174 grams of marijuana, a gram of cocaine, $4,400 in United States currency, drug paraphernalia and three firearms. MCNEIL had previously been convicted of a felony which prohibited him from possessing firearms. MCNEIL admitted to selling marijuana to supplement his income and admitted to having the firearm for protection.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Faytteville Police Department as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by Assistant United States Attorney Charity Wilson.
Elyria man sentenced to more than 11 years in prison for illegally having a firearm and ammunitionRead the Press Release
An Elyria man was sentenced to more than 11 years in prison for illegally having a firearm and ammunition.
Gregory Raymore, 32, was convicted by a jury earlier this year of one count of being a felon in possession of a firearm after a four-day trial.
U.S. District Judge Donald C. Nugent sentenced Raymore to 110 months for the firearm crime. He also sentenced Raymore to an additional two years in prison for violating the terms of his supervised release for a previous crime.
Raymore possessed a .45-caliber handgun and 22 rounds of ammunition. Lorain police officers responded to a fatal shooting in an alleyway outside a bar in May 2018. The murder investigation led to the recovery of a firearm and ammunition near the crime scene that contained Raymore's DNA, although it was not the firearm that caused the death, according to trial testimony.
Raymore was not allowed to possess the firearm or ammunition because of multiple previous convictions, including for aggravated robbery, aggravated burglary, possession of drugs and being a felon in possession of a firearm, according to trial testimony and court documents.
“A man with a long history of crimes was found, as part of a murder investigation, to have a gun and ammunition,” U.S. Attorney Justin Herdman said. “Defendants like this pose a danger to our community and we are safer with him behind bars. The Lorain Police Department and FBI did a tremendous job investigating this case.”
This case was prosecuted as part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was prosecuted by Assistant U.S. Attorneys Scott Zarzycki and Maggie Kane following an investigation by the Lorain Police Department and FBI.
Danbury Man Arrested in Stamford with Gun and Drugs Sentenced to 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that FERNANDO RODRIGUEZ, also known as “Sosa,” 28, of Danbury, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 60 months of imprisonment, followed by four years of supervised release, for illegally possessing a firearm in connection with his drug trafficking activities.
According to court documents and statements made in court, on September 12, 2018, Stamford Police arrested Rodriguez after he arrived at a location on Wardwell Street in Stamford to conduct a drug transaction. A search of a backpack that Rodriguez was holding at the time of his arrest revealed approximately 58 grams of cocaine and 116 grams of marijuana. A search of a secret storage compartment, or “trap,” within the vehicle that Rodriguez drove to the location revealed an additional 100 grams of cocaine, a Ruger 9mm handgun, and a loaded 9mm magazine.
Rodriguez has been detained since his federal arrest on January 10, 2019. On March 15, he pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime.
This matter was investigated by the Drug Enforcement Administration and the Stamford Police Department, and was prosecuted by Assistant U.S. Attorney Karen L. Peck and Law Student Intern Matthew Renetzky.
Contracted Physician, Operations Manager of Redirections Treatment Advocates Sentenced for Suboxone Distribution SchemeRead the Press Release
PITTSBURGH, Pa. – Two former employees of Redirections Treatment Advocates – a contracted physician and the clinic’s operations manager - have been sentenced in federal court for offenses related to the unlawful distribution of controlled substances and health care fraud, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab sentenced Dr. Madhu Aggarwal, 69, of Coraopolis, PA, to three years of probation with six months of home confinement; ordered her to pay $82,973.75 in restitution along with a fine of $40,000, and criminal forfeiture in the amount of $50,000; and ordered her to perform 100 hours of community service on her conviction of unlawfully distributing controlled substances, conspiracy to distribute controlled substances and health care fraud.
Judge Schwab sentenced Christopher Handa, 48, of Pittsburgh, PA, to two years of probation with 90 days of home confinement, and ordered him to pay $40,000 in restitution and to perform 50 hours of community service on his conviction of aiding and abetting the unlawful distribution of controlled substances and health care fraud.
According to information presented to the court, Madhu Aggarwal was a physician practicing at Redirections Treatment Advocates, a Suboxone clinic, located in Washington, PA. Aggarwal and others conspired together to create and submit unlawful prescriptions for buprenorphine, known as Subutex and Suboxone, and then unlawfully dispensed those controlled substances to the clinic’s patients. Aggarwal pre-signed prescriptions, which were completed by non-physicians employed at the clinic. Aggarwal often did not see the patient before a prescription was issued and on several occasions was out of the country when Suboxone was prescribed in her name. Aggarwal was also convicted of health care fraud for causing fraudulent claims to be submitted to Medicare for payments to cover the costs of the unlawfully prescribed buprenorphine.
Christopher Handa was employed by RTA as the operations manager. According to the government’s evidence, Handa, Jennifer Hess, the owner of Redirections Treatment Advocates, and doctors employed by the clinic conspired together to create and submit unlawful prescriptions for buprenorphine and then unlawfully dispensed those controlled substances to the clinic’s patients. The doctors would pre-sign the prescriptions and Handa and other employees would complete them. The doctors were not present when the prescriptions were completed and on most occasions had never seen their patients before the prescriptions were completed. Handa was also convicted of health care fraud for causing fraudulent claims to be submitted to Medicaid for payments to cover the costs of the unlawfully prescribed buprenorphine.
Assistant United States AttorneysMichael L. Ivory and Robert S. Cessar prosecuted this case on behalf of the government.
United States Attorney Brady commended the Western Pennsylvania Opioid Fraud and Abuse Detection Unit, which combines personnel and resources from the following agencies to combat the growing prescription opioid epidemic: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations and the Pennsylvania Bureau of Licensing for the investigation leading to the successful prosecution of Handa.
Colorado Woman Sentenced to 20 Years for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Colorado Springs, Colorado, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 16, 2019, by Chief Judge Jeffrey Viken, U.S. District Court.
Cathy Wells, age 50, was sentenced to 20 years in federal prison, followed by 5 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wells was indicted for Conspiring to Distribute Methamphetamine & Heroin and Distribution of a Controlled Substance by a federal grand jury on June 19, 2018. She pled guilty on January 4, 2019.
Wells received methamphetamine from a Colorado supplier. The methamphetamine received by Wells was later distributed in Rapid City, South Dakota. Additional co-conspirators are pending sentencing and trials in Rapid City, including one of her Colorado suppliers.
This case was investigated by South Dakota Division of Criminal Investigation, Unified Narcotics Enforcement Team, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Wells, who has been in custody since her initial appearance in South Dakota in September 2018, was immediately turned over to the custody of the U.S. Marshals Service.
Cass County Residents Sentenced to Prison for Distribution of Controlled SubstancesRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on July 16, 2019, Mary Mayo, age 50, Tony Martin Mayo Jr., age 34, Jessica Lynn Gross, age 31, and Alex Lee Pleis, age 25, were sentenced by United States District Court Chief Judge John A. Jarvey for Conspiracy to Distribute Oxycodone. Mary Mayo was sentenced to 24 months imprisonment to be followed by 48 months of supervised release. Tony Martin Mayo was sentenced to 12 months in prison followed by 36 months of supervised release. Jessica Lynn Gross was sentenced to time served and 60 months of supervised release. Alex Lee Pleis was sentenced to time served and 36 months of supervised release.
In late August of 2015, the United States Drug Enforcement Administration received information regarding the illegal distribution of prescription drugs in and around Cass County, Iowa. Using a confidential informant, the DEA determined Mary Mayo obtained prescriptions for oxycodone, hydrocodone and other controlled substances from medical professionals through false representations of injury or illness and related pain management. Mary Mayo then used her Medicare/Medicaid benefits to obtain controlled substances from local pharmacies. She also obtained oxycodone from a co-defendant, Rebecca Canfield.
Once the prescription drugs were obtained, Mary Mayo negotiated a price for the pills with a known buyer. If an agreement was reached, Mary Mayo had a member of her family deliver or assist in the delivery of the controlled substances. During the yearlong investigation, DEA arranged the purchase of oxycodone and hydrocodone from Mary Mayo and the pills were delivered to a DEA agent, who was working in an undercover capacity. With the exception of Rebecca Canfield, all co-defendants are members of Mary Mayo’s family.
During the course of the investigation, it was determined Mary Mayo was receiving Social Security benefits she was not entitled to. As part of her sentence, Mary Mayo was ordered to pay restitution to Medicare/Medicaid, and the Social Security Administration.
The case was investigated by the United States Drug Enforcement Administration; United States Department of Health and Human Services-Office of the Inspector General; Iowa Department of Inspections and Appeals, Medicaid Fraud Control Unit; United States Social Security Administration-Office of the Inspector General; Cass County Sheriff’s Office; Iowa Division of Narcotics Enforcement; and the Southwest Iowa Narcotics Task Force. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Burlington Man Sentenced to 312 Months in Prison for Drug Offenses and Providing Contraband to an Inmate of a Federal PrisonRead the Press Release
DAVENPORT, Iowa- On July 16, 2019, Kelly Everett Mitchell, age 47, of Burlington, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to a total of 312 months in prison for distribution of methamphetamine, possession of controlled substances with intent to distribute, and providing contraband to an inmate of a federal prison, announced United States Attorney Marc Krickbaum. Mitchell was ordered to serve five years of supervised release following his prison term and to pay $500 towards the Crime Victims’ Fund.
On September 17, 2018, in case number 3:17-cr-38, Mitchell pleaded guilty to the offenses of distribution of methamphetamine and possession of methamphetamine with intent to distribute. Mitchell admitted on March 14, 2017, in two transactions, he distributed 42.46 grams of 99% pure methamphetamine to another person. He further admitted on September 25, 2017, he was in possession of 219.62 grams of 99% pure methamphetamine, 16.41 grams of heroin, 117.88 grams of marijuana and in excess of $10,000 United States currency and he intended to distribute some or all of the controlled substances.
On January 9, 2019, in case number 3:18-cr-73, Mitchell pleaded guilty to the offenses of conspiracy to distribute and possess with the intent to distribute methamphetamine and phentermine, and providing contraband to an inmate of a federal prison. Mitchell admitted while in the custody of the United States Marshals Service and detained in the Muscatine County Jail, he regularly received coloring sheets, greeting cards, letters, envelopes and other products made of paper which had been soaked in a liquid in which methamphetamine, a Schedule II controlled substance, and phentermine, a Schedule IV controlled substance, had been dissolved. He further admitted he provided a portion of the papers that contained methamphetamine and phentermine to other inmates housed at the Muscatine County Jail in Muscatine, Iowa, for the other inmates to ingest.
The two cases were consolidated for sentencing. In case number 3:17-cr-38, Mitchell was sentenced to 292 months of imprisonment and five years of supervised release. In case number 3:18-cr-73, for the offense of conspiracy to distribute and possess with the intent to distribute a mixture and substance containing a detectable amount of methamphetamine and phentermine, Mitchell was sentenced to 240 months of imprisonment, to run concurrently with the 292 months in case number 3:17-cr-38, and three years of supervised release. For the offense of providing contraband to an inmate of a federal prison, Mitchell was sentenced to 20 months of imprisonment, to run consecutively with the 292 months in case number 3:17-cr-38, and three years of supervised release. All periods of supervised release are to run concurrently.
This matter was investigated by the Southeast Iowa Narcotics Task Force, Des Moines County Sheriff’s Department, Muscatine County Sheriff’s Department, Illinois State Police, Macomb (Illinois) Police Department, Iowa Division of Narcotics Enforcement, United States Drug Enforcement Agency, and the United States Marshals Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Buckhannon woman sentenced for methamphetamine distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ann Marie Stankus, of Buckhannon, West Virginia, was sentenced today to 42 months incarceration for distributing methamphetamine, United States Attorney Bill Powell announced.
Stankus, age 25, pled guilty to one count of “Aiding and Abetting the Possession with Intent to Distribute Methamphetamine” in February 2019. Stankus admitted to working with another to distribute methamphetamine in December 2017 in Upshur County.Assistant U.S. Attorney Zelda E. Wesley prosecuted 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. District Judge Thomas S. Kleeh presided.
Brooklyn Man Convicted of Attempted Murder and Assault of A Federal OfficerRead the Press Release
A federal jury in Brooklyn returned a guilty verdict today against Ronell Watson for attempted murder of a federal officer, assault of a federal officer and possessing and discharging a firearm during a crime of violence in connection with the shooting of Christopher Harper, a Special Agent of the Federal Bureau of Investigation (FBI). On December 8, 2018, Harper was on duty and performing his official duties when he was shot and wounded by the defendant. The verdict followed a two-week trial before United States District Judge William F. Kuntz II. When sentenced, Watson faces up to life in prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, FBI, New York Field Office, announced the verdict.
“As found by the jury, FBI Special Agent Harper was performing his official duties last December when the defendant attempted to execute him without any warning,” stated United States Attorney Donoghue. “Despite sustaining life threatening injuries, Special Agent Harper performed courageously, returning fire and wounding the defendant, actions that led to Watson’s capture soon thereafter. I would like to thank the jury for carefully weighing the evidence. With today’s verdict, Watson has been held responsible for his nearly taking the life of a brave agent.” Mr. Donoghue also expressed his grateful appreciation to the New York City Police Department for its assistance during the investigation and the medical staff at Kings County Hospital for saving Special Agent Harper’s life.
“Special Agent Harper was doing his job, conducting surveillance for an FBI investigation, when he was randomly attacked and shot by a man who wasn’t even the target of the surveillance,” stated FBI Assistant Director-in-Charge Sweeney. “As law enforcement, we face dangerous situations every day, but we continue to do all we can to keep the community safe and stop criminals. Today, a jury of the citizens we protect saw the evidence and judged Ronell Watson attempted to murder an FBI agent.”
The evidence at trial established that on December 8, 2018, Special Agent Harper was on-duty, sitting in an unmarked Nissan Maxima on Canarsie Road, a one-way street, conducting a surveillance in an unrelated case. At approximately 3:20 p.m., Watson, driving a BMW sedan in the wrong direction, approached the agent’s vehicle. Watson partially blocked the agent’s vehicle, exited the BMW and approached the agent’s driver’s side door with his hand inside the pocket of his sweatshirt. Harper testified at trial that he was speaking to his wife on FaceTime at the time and told her “somebody shady is walking up to my car.” Harper placed the phone on the center console, but did not hang up. As Harper tried to maneuver his vehicle around the BMW to escape, Watson pulled a handgun out of his pocket and fired multiple shots at Harper, wounding him in the back. Agent Harper then drove to the corner and stopped, exited his vehicle and returned fire at Watson, wounding him in the hand. Harper testified: “I immediately got back in the -- back into my car, the Maxima and I had to tell my wife, you know, that I was shot. So I just yelled it out, ‘Jess, I’m shot, I’m shot.’ I told her to call 911. I didn't tell her where I was exactly but I said call 911.” The entire incident was recorded on three separate surveillance cameras located on Canarsie Road.
Watson drove the BMW to a nearby auto body shop, then had a friend drive him in another vehicle to the hospital where he was ultimately arrested. During the trial, the jury viewed Harper’s Nissan Maxima in the courthouse garage in order to better understand an FBI forensic examiner’s testimony about the path of the bullets fired into the vehicle by the defendant and assess the damage to the metal surfaces.
Special Agent Harper underwent multiple surgeries to have the bullet removed from his lung and continued his service as a Special Agent of the FBI.
United States Attorney Richard P. Donoghue and Assistant United States Attorney Francisco J. Navarro are in charge of the prosecution.
The Defendant:
RONELL WATSON
Age: 31
Canarsie, New YorkE.D.N.Y. Docket No. 19-CR-4 (WFK)
Bridgeport Man Charged with Narcotics and Firearm OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Bridgeport has returned a six-count indictment charging LYNWOOD COGDELL, 32, of Bridgeport, with firearms and narcotics offenses.
The indictment was returned on July 2, 2019. Cogdell appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charges.
According to court documents and statements made in court, on May 1, 2015, Cogdell pleaded guilty in federal court to one count of possessing of a firearm by a convicted felon. On March 15, 2016, he was sentenced to 36 months of imprisonment and three years of supervise for that offense. He was released from federal prison in June 2018.
It is alleged that, on August 10, 2018, while on supervised release, Cogdell possessed heroin, which he intended to distribute, along with a .40 caliber semi-automatic pistol. It is further alleged that, on April 15, 2019, Cogdell possessed heroin and fentanyl, which he intended to distribute, and a different .40 caliber semi-automatic pistol.
The indictment charges Cogdell with two counts of possession of narcotics with intent to distribute, which carry a maximum term of imprisonment of 20 years on each count; two counts of possession of a firearm in furtherance of drug trafficking, which carry mandatory consecutive terms of imprisonment of at least five years on each count, and two counts of possession of a firearm by a convicted felon, which carry a maximum term of imprisonment of 10 years on each count.
Cogdell faces additional penalties if he is found to have violated the conditions of his supervised release.
Cogdell has been detained since his arrest on April 15, 2019.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Marshals Service, Stamford Police Department, Bridgeport Police Department, and Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Lauren C. Clark.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Bergen County Man Charged with Mail FraudRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man appeared in court today on charges of mail fraud related to a scheme through which he submitted thousands of false insurance claims to courier delivery service companies, resulting in a loss of $1.7 million, U.S. Attorney Craig Carpenito announced.
Enrico DiCaprio, a/k/a “Sergio Leone,” a/k/a “Hakan Arikan,” 57, of Edgewater, New Jersey, is charged by complaint with one count of mail fraud. He appeared before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.
According to documents filed in this case and statements made in court:
Beginning in December 2016 and continuing to July 2019, DiCaprio devised and maintained a scheme to defraud the victims, two international courier delivery service companies. Using various aliases and entity names, DiCaprio allegedly submitted thousands of false insurance claims for lost, damaged, and stolen items shipped by the victims. The items were not, in fact, lost, damaged, or stolen.
In response to the fraudulent claims, the victim companies issued reimbursement checks to DiCaprio via the U.S. Postal Service, which were then deposited into his bank accounts. DiCaprio has received approximately $1.7 million in checks from the victims.
The count of mail fraud carries a maximum penalty of 30 years in prison and a $1 million fine.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service, under the direction of James Buthorn, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Lauren E. Repole of the U.S. Attorney’s Office Organized Crime and Drug Enforcement Task Force Unit in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.Defense counsel: Saverio Viggiano Esq., Assistant Federal Public Defender, Newark
Beckley Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Beckley man who was arrested after a drug investigation pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Kendall Cotten, 29, entered a guilty plea to possession with intent to distribute heroin before United States District Judge Irene C. Berger. Stuart commended the investigative efforts of the Beckley/Raleigh County Drug and Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Another peddler of heroin mixed with fentanyl convicted,” said United States Attorney Mike Stuart. “Fentanyl is a driver of death rates among drug users. So many of our citizens have lost their lives at the hands of drug dealers peddling these poisons. We are holding drug dealers accountable and pushing for tough actions and ever tougher sentences for those dealing these deadly poisons.”
Cotten admitted that on three separate occasions between November 28, 2017 and December 7, 2017, he sold what he believed to be heroin, but in fact turned out to be a mix of heroin and fentanyl, to a confidential informant working with the Beckley/Raleigh County Drug and Violent Crime Task Force. The drugs sold on these dates were tested by the West Virginia State Police Crime Lab and confirmed to contain heroin and fentanyl. Cotten also admitted that on December 13, 2017, police executed a search warrant at this residence. During the search police officers recovered 122 bindles of heroin, $727 in cash that were the proceeds of drug trafficking activities, and a Ruger LCP .380 pistol. Cotten admitted that he intended to distribute the heroin found during the search warrant.
Cotten now faces a sentence of up to twenty years in federal prison on the federal drug charge. Cotten’s sentencing will be held on October 24, 2019.
Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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Bail Bondswoman Sentenced to Three Years’ Imprisonment for Smuggling Hundreds of Aliens into the United StatesRead the Press Release
Earlier today, in federal court in Central Islip, Hema Patel, a Texas-based bail bondswoman, was sentenced by United States District Judge Denis R. Hurley to three years’ imprisonment for her role in smuggling hundreds of illegal aliens into the United States. The Court also ordered Patel to forfeit her Texas residence, two hotels, $7.2 million in bail bonds, $400,000 in cash and 11 gold bars, among other assets. On June 7, 2018, Patel pleaded guilty to alien smuggling for financial gain by fraudulently bonding illegal aliens from immigration custody and causing their release into the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York, announced the sentence.
“For her personal financial gain, defendant Hema Patel arranged to have hundreds of aliens smuggled into the United States, completely by-passing the visa application and eligibility requirements,” stated United States Attorney Donoghue. “She will now pay the price for placing the safety and security of the residents of our communities at risk. Border security is a top priority of the Department of Justice.”
“In a classic example of how criminal networks exploit loopholes in our nation’s immigration system to make a profit while threatening the national security of the United States, Hema Patel and her human smuggling co-conspirators manufactured fraudulent bond documents to secure the release of undocumented aliens that were smuggled through the southwest border by an international criminal network,” stated HSI Special Agent-in-Charge Melendez. “HSI remains steadfast in its commitment to secure our nation’s legitimate travel, trade and finance by going after transnational criminal networks, their facilitators and their ill-gained assets.”
From April 2015 through October 2016, Patel and her co-conspirators executed a scheme to bring undocumented aliens, primarily from India, into the United States in exchange for “fees” ranging from approximately $28,000 to $60,000 per person. Patel and her co-conspirators paid middlemen, or “coyotes,” to arrange the logistics of the aliens’ travel, either a northern route through Canada, or a southern route through Mexico. When the aliens were stopped and taken into custody by law enforcement officers at the U.S. border, they called Patel. Patel then prepared fraudulent bond documents on their behalf, including documents listing fictitious names and addresses indicating where and with whom the aliens would reside while their cases were pending. These documents and the bail bonds were then filed in United States Immigration Courts, and the aliens were released into the community. Patel used two of her hotels in Texas to temporarily harbor some of the aliens.
On November 17, 2016, law enforcement agents executed a search warrant at Patel’s Texas residence, seizing thousands of fraudulent alien bonding records.
On November 30, 2017, Patel’s co-defendant Chandresh Kumar Patel (not related to Hema Patel) pleaded guilty to smuggling aliens for financial gain for his role in the scheme as an alien trafficker and financial broker. At the time of his arrest, law enforcement agents recovered $80,000 from his Queens residence. On October 5, 2018, Chandresh Kumar Patel was sentenced to three years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal and Civil Divisions. Assistant United States Attorneys Mark E. Misorek and Robert W. Schumacher are in charge of the prosecution.
Defendant Sentenced Today:
HEMA PATEL
Age: 51
McAllen, Texas
Defendant Previously Sentenced:
CHANDRESH KUMAR PATEL
Age: 30
Flushing, New York
E.D.N.Y. Docket No. 16-CR-584 (DRH)
Arizona Man Sentenced for Threatening Harvard Black Commencement Attendees in 2017Read the Press Release
BOSTON – An Arizona man was sentenced today in connection with posting threats to bomb Harvard and shoot attendees at the Black Commencement event held in May 2017.
Nicholas Zuckerman, 25, was sentenced by U.S. District Court Judge Indira Talwani to 15 months in prison and three years of supervised release. In February 2019, Zuckerman pleaded guilty to two counts of transmitting in interstate and foreign commerce a threat to injure the person of another.
“The divisiveness of our public discourse does not excuse making any group of people feel unsafe,” said United States Attorney Andrew E. Lelling. “We will investigate all threats that cross the line of free speech and infringe on the safety and security of members of our community, especially when those threats are based on race or other immutable characteristics.”
“It’s sadly ironic that Nicholas Zuckerman would turn his chilling threats of mass destruction and vile words against graduates at Harvard University, an institution that has molded some of our greatest orators. Let today’s sentence serve as a lesson to all that no hate monger hiding behind a social-media pseudonym can stop others from celebrating the diversity of some of our area’s best and brightest minds,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
On or about May 13, 2017, Zuckerman commented on a post published to Harvard University’s Instagram account, saying: “If the blacks only ceremony happens, then I encourage violence and death at it. I’m thinking two automatics with extendo clips. Just so no n***** gets away.” It is further alleged that on that same date, Zuckerman posted a comment to another Harvard Instagram post, saying: “#bombharvard and end their pro-black agenda.” Several minutes later, Zuckerman commented “#bombharvard” on other users’ posts approximately 11 times over a span of four minutes.
A concerned citizen who saw the posts reported them to the Harvard University Police, who ultimately referred the case to federal authorities.
U.S. Attorney Lelling, FBI SAC Bonavolonta, and Harvard University Chief of Police Francis D. Riley made the announcement today. Assistant U.S. Attorneys Anne Paruti and Scott Garland of Lelling’s Civil Rights Enforcement Team prosecuted the case.
All 43 defendants in Operation Vanilla Gorilla now convicted of drug, firearms crimesRead the Press Release
SAVANNAH, GA: In the eight months since Operation Vanilla Gorilla became the largest-ever takedown of associates of the Ghostface Gangsters criminal street gang, all 43 defendants indicted in the firearms and drug trafficking investigation have now been convicted of their crimes.
Kenneth L. Jenks, a/k/a “Juno,” 40, of Savannah, is the final defendant in the 93-page, 83-count indictment to enter a guilty plea in the operation, which was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF) from 2015 through 2018, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. On Wednesday, July 17, Jenks pled guilty in U.S. District Court to Possession of Methamphetamine and will be sentenced at a later date.
A day earlier, U.S. District Judge R. Stan Baker sentenced Nick Penfield, a/k/a “Picnic,” 22, of Savannah, to 210 months in federal prison to be followed by five years of supervised release. There is no parole in the federal system. Penfield pled guilty to Conspiracy to Possess with Intent to Distribute 5 Grams or more of Methamphetamine. Evidence presented in court filings and testimony demonstrated that Penfield; his brother Cody Penfield, 28, of Savannah; and their father Mike Penfield, 54, of Pooler, Ga., were associates of the Ghost Face Gangsters and distributed kilogram quantities of crystal methamphetamine. Nick Penfield was the first of the three to be sentenced.
The same day, Judge Baker sentenced Devon Aines, a/k/a “Devon Johnson,” 33, of Savannah, to 171 months in prison, to be followed by three years of supervised release. Aines and his brother, Trevor Aines, a/k/a “Sticks,” 29, of Garden City, Ga., were convicted of Conspiracy to Possess with Intent to Distribute Methamphetamine. According to court records, Devon Aines associated with Ghost Face Gangsters, distributed methamphetamine, and used threats of violence to collect drug debts. Trevor Aines awaits sentencing.
“Operation Vanilla Gorilla is a stellar example of federal, state and local law enforcement professionals and prosecutors working together to target and dismantle a violent, drug-trafficking criminal street gang,” said U.S. Attorney Christine. “The swift convictions and significant sentences of every defendant indicted in this operation demonstrates the value of cooperation between and amongst the agencies involved. It takes a network to dismantle a network.”
Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF) said, “ATF will continue to dedicate federal resources in conjunction with those crucial law enforcement contributions of local agencies to the pursuit of eradicating and forestalling criminal gang activity.”
Operation Vanilla Gorilla was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations. The case was investigated by the ATF, the Georgia Bureau of Investigation (GBI), the Drug Enforcement Administration (DEA), the Chatham County Narcotics Team (CNT), the Georgia Department of Corrections Intelligence Division, the Savannah Police Department, the Chatham County Sheriff’s Office, the Bryan County Sheriff’s Office, the Richmond Hill Police Department, the Pooler Police Department, the Effingham County Sheriff’s Office and the Bloomingdale Police Department, with assistance from the U.S. Marshals Service.
This case was prosecuted by Assistant U.S. Attorneys E. Greg Gilluly Jr. and Frank Pennington.
Acton Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
BOSTON – An Acton woman pleaded guilty today in federal court in Boston to stealing Social Security benefits intended for her children.
Elizabeth Smith, 40, pleaded guilty to three counts of theft of public funds and two counts of making false statements. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Oct. 24, 2019. Smith was charged and arrested in September 2018.
From October 2012 through October 2015, Smith stole Social Security benefits that were paid to her on behalf of her three children. In August 2014, Smith fraudulently told Social Security that she used all of the money she received on behalf of her children for their care and support, despite the fact that her children were no longer in her care, but in the custody of the Massachusetts Department of Children and Families. Smith stole approximately $74,464.50 in Social Security benefits.
The charges of theft of public funds provide for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The making false statements charges provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and 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. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
"The Drug Llama" Pleads Guilty to Distributing Fentanyl on the Dark WebRead the Press Release
The U.S. Attorney for the Southern District of Illinois Prosecutes Dark Web Drug Distributor
Earlier today, Brandon Arias pleaded guilty in the United States District Court for the Southern District of Illinois to conspiring to distribute fentanyl throughout the United States via the “dark web.” As part of his plea, the 34-year old from San Diego, California admitted that he was one of two individuals known on the dark web as “The Drug Llama,” and that he knowingly distributed misbranded fentanyl pills throughout the United States from October 2016 to August 2018.
Fentanyl is a highly addictive and oftentimes lethal opioid painkiller.
In January 2019, a federal grand jury in the Southern District of Illinois returned a superseding indictment charging Arias and his co-defendant, Melissa Scanlan, with conspiracy to distribute fentanyl, illegally distributing fentanyl (5 counts), selling counterfeit drugs, and misbranding drugs. Arias was arrested in San Diego and made his initial appearance in the Southern District of Illinois on March 12. At the time, he entered a not guilty plea and was ordered held without bond pending trial.
In court today, Arias pleaded guilty to all eight charges pending against him, admitting that he and Scanlan created and maintained an account on “Dream Market,” a dark web marketplace for illegal substances and services. Through that account, Arias and Scanlan sold substantial quantities of narcotics while operating under the moniker, “The Drug Llama.” Arias further admitted being actively involved in Scanlan’s distribution of 1,000 fentanyl and acetyl fentanyl pills every week.
The dark web is an underground computer network that is unreachable by traditional search engines and web browsers, creating a seeming anonymity to users. This false cloak has led to a proliferation of criminal activity on dark web marketplaces, like Dream Market.
Despite the identity veil that the dark web seemingly provides, participants in illegal activity are not shielded from the long arm of the law. “People think they are anonymous when they use the dark web,” U.S. Attorney Weinhoeft commented, “but the drugs and money are here, in the real world, and our agents will work tirelessly to connect the illegal contraband to the criminals hiding within the shroud of the dark web.” U.S. Attorney Weinhoeft gave special recognition to the Food and Drug Administration (FDA), Office of Criminal Investigations, whose agents worked to “pull the Drug Llama enterprise out of the shadows of the dark web.”
“The opioid crisis has evolved and so has the nature of the threat, with potent synthetic opioids representing a sharply increasing amount of the total exposure to these drugs, further fueling the opioid addiction crisis,” said Acting FDA Commissioner Ned Sharpless, M.D. “The FDA has expanded our enforcement efforts to include increased interdiction work aimed at stopping the illegal flow of counterfeit and unapproved prescription opioid drugs, like illicit fentanyl, online including on the dark web. We will continue to pursue and bring to justice those who threaten the health and safety of Americans by illegally distributing prescription drugs.”“Drug traffickers who operate from the dark corners of the internet are not immune from arrest and prosecution” stated DEA Special Agent in Charge William Callahan of the St. Louis Division. “The men and women of the DEA and our law enforcement partners are well positioned to investigate, locate, and arrest cyber drug traffickers, and their co-conspirators, who spread their poison in the Greater St. Louis Metropolitan area, no matter where they operate from.”
“The traditional drug dealing mechanics have changed, but law enforcement has changed with it,” said U.S. Attorney Robert S. Brewer, Jr., of the Southern District of California, who shared in U.S. Attorney Weinhoeft’s accolades of the multi-agency collaboration in this important prosecution. “This case, like others being prosecuted throughout the United States, demonstrates that hiding behind a cloak of anonymity on the dark web, no matter where you are, will be pierced and uncovered by investigators, and violators will be prosecuted to the fullest extent of the law.”
Arias is scheduled to be sentenced on October 29, 2019, at the United States District Court in East St. Louis, Illinois. His sentence will be determined by the court and will be guided by the United States Sentencing Guidelines. Scanlan, 31, has pleaded not guilty and remains in federal custody awaiting her trial, currently set for August 27, 2019, in East St. Louis. Members of the public are reminded that all criminal defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case was part of a months-long, coordinated national operation involving the FDA Office of Criminal Investigations, the Drug Enforcement Administration (DEA), the United States Postal Inspection Service, the Department of Homeland Security (HSI), United States Customs and Border Protection (CBP), the United States Attorney’s Office for the Southern District of California, and the United States Attorney’s Office for the Southern District of Illinois. Assistant U.S. Attorney Derek J. Wiseman is the prosecuting attorney on this case.
16 July 2019
Woman Charged with Importing 88 Kilos of MethRead the Press Release
LAREDO, Texas – A 21-year-old Georgia woman faces up to life in prison if convicted on charges of importing methamphetamine into the United States, announced U.S. Attorney Ryan K. Patrick.
Nandi Bibiano was originally charged via criminal complaint. Today, a Laredo grand jury returned a two-count indictment alleging she imported methamphetamine into the United States and conspired to do so. She is set for arraignment before a U.S. magistrate judge in the near future.
The criminal complaint alleges Bibiano, of Brunswick, Georgia, attempted to enter the United States June 28, 2019, at the Lincoln Juarez Bridge Number 2 in Laredo. She was driving a Dodge Caravan, according to the charges. Inside, law enforcement allegedly discovered a modified compartment in the floor of the vehicle in which they recovered 88.40 kilograms of methamphetamine.
If convicted, she faces up to life in prison and a possible $10 million fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Jennifer Day 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.West Allis Man Makes Initial Appearance on Charges of traveling in foreign Commerce and Engaging in Illicit Sexual ConductRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced on July 15, 2019 that Donald A. Stenson, age 63, of West Allis, WI, was arraigned in federal court in Milwaukee on an indictment returned July 9, 2019. Stenson is charged with traveling in foreign commerce and engaging in illicit sexual conduct in a foreign place between 2016 and 2019. He was arrested on Friday July 12, 2019 at his West Allis residence.
The indictment charges that Stenson engaged in four counts of traveling in foreign commerce and engaging in illicit sexual conduct as well as four counts of sex trafficking of a minor. Stenson resides in Thailand, but the sex acts occurred in the Philippines. Stenson appeared before U.S. District Court Judge David E. Jones. The court finds that his ties outside of our country and frequent foreign travel make him a flight risk therefore Judge Jones ordered that he be detained. He set another date for next week Wednesday, July 24
This was a joint investigation between U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Manila Transnational Criminal Investigation Unit, and Philippine Authorities. The West Allis Police Department assisted in the arrest. This case is being prosecuted by Assistant U.S. Attorney Megan J. Paulson of the Eastern District of Wisconsin.
This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The public is cautioned that an indictment is merely a charge and the defendant is presumed innocent until and unless proven guilty.
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Waterloo Felon and Drug User Sentenced to Five Years in Federal Prison for Unlawfully Possessing GunsRead the Press Release
A man who previously spent time in state prison for burglary and robbery offenses was sentenced July 11, 2019, to five years in federal prison.
Jacob Mervin Gary, age 29, from Waterloo, Iowa, received the prison term after a March 14, 2019, guilty plea to being a felon and drug user in possession of a firearm.
At his guilty plea, Gary admitted he knowingly possessed multiple guns after having been convicted of the felony offenses of conspiracy to commit robbery and attempted burglary and while being an unlawful user of marijuana. On September 26, 2018, Waterloo police officers searched Gary’s residence and found a rifle with a high capacity magazine attached, another rifle, a pistol, and multiple types of ammunition. Gary was on parole at the time.
Gary was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Gary was sentenced to 60 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Gary is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Bureau of Alcohol, Tobacco, and Firearms and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-2069.
Follow us on Twitter @USAO_NDIA.
Virgin Islands Official Indicted for Embezzling Government FundsRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today the unsealing of an indictment charging Violet Anne Golden and Stephanie Barnes with a variety of offenses, including Conspiracy to Commit Theft from Programs Receiving Government Funds and Money Laundering.
According to the indictment, Golden, as chairperson of the Virgin Islands Casino Control Commission, and Barnes, a contractor, used Commission funds for a variety of personal expenditures, including but not limited to trips to Walt Disney World, tickets to a Broadway production of Hamilton, and making a down payment for the purchase of a vehicle. The indictment also alleges that Golden, who had an annual salary of $105,000, failed to file timely tax returns for the 2014 – 2017 tax years.
This case is being investigated by the Federal Bureau of Investigation, the Office of the Virgin Islands Inspector General, and IRS-Criminal Investigations. It is being prosecuted by Assistant United States Attorney Nathan Brooks.
A link to the indictment can be found HERE. An indictment is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
Two Men Sentenced to Prison for Role in Pharmacy RobberyRead the Press Release
NEWPORT NEWS, Va. – Two Yorktown men were sentenced today to a total of nearly 18 years in prison for their respective roles in an armed robbery of a pharmacy.
According to court documents, on Dec. 2, 2014, Derrick Johnson, 25, and Tysean Ransome, 25, entered the Glendale Pharmacy in Newport News and robbed two employees of prescription pills at gunpoint. A third co-conspirator, Johnathan D. Williams, directed Johnson and Ransome to do the robbery.
Johnson was sentenced to nearly eight years, while Ransome was sentenced to 10 years. Williams was sentenced to 14 years on July 8.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Brim Reaper. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Howard J. Zlotnick and Assistant U.S. Attorney Lisa R. McKeel prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-6.
Texas Man Sentenced for Insider Trading SchemeRead the Press Release
PHILADELPHIA – United States Attorney William McSwain announced that Hamed Ettu, 44, of Richmond, TX was sentenced today to three years’ probation, the first nine months of which he will be required to serve in home confinement, 120 hours of community service and a fine of $15,000. U.S. District Judge Gene E.K. Pratter also imposed a forfeiture judgment of $73,244, which the defendant has already paid.
The defendant pleaded guilty in February 2019 to an Information charging him with conspiracy to commit securities fraud. According to the Information, Damilare Sonoiki, charged elsewhere, then a junior analyst at a global investment bank in New York, provided material non-public information to Ettu. Sonoiki obtained this information in violation of his duty of confidentiality that he owed to the investment bank. In a separate case, Sonoiki also allegedly passed inside information to former Philadelphia Eagles linebacker Mychal Kendricks.
Relying on the material non-public information he received from Sonoiki, Ettu illegally purchased call options in the target companies, Compuware and Move, between July and September 2014. When proposed mergers were announced for each company, the value of Ettu’s options increased significantly. During the period of the conspiracy, Ettu made a profit of more than $93,000 on the trades.
“This type of illegal behavior – insider trading based on material, non-public information – undermines faith in our financial markets and harms ordinary investors who play by the rules,” said U. S. Attorney McSwain. “Prosecuting securities fraud and thereby safeguarding the integrity of the public securities markets has been and will continue to be a top priority of my Office.”
“The manipulation of our markets undermines all the investors who take great care to play by the rules,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Through cases like this, the FBI continues to work against such corruption to help ensure fairness in the marketplace.”
The case was investigated by Federal Bureau of Investigation and the Securities and Exchange Commission, and is being prosecuted by Assistant United States Attorney David J. Ignall.
Stone Mountain man sentenced to federal prison for being a convicted felon in possession of a firearmRead the Press Release
ATLANTA - Jonathan Christopher Scott, who has been convicted of multiple felonies, has been sentenced to federal prison for possession of a stolen firearm.
“Convicted felons like Scott, in possession of stolen firearm, pose one of the most serious threats to public safety,” said U.S. Attorney Byung J. “BJay” Pak. “His flagrant firing of the weapon showed he had no regard for citizens, or fear of the law.”
“Let’s be clear about this,” said ATF Special Agent in Charge Art Peralta. “It is already a crime for a convicted felon to possess a firearm. Jonathan Scott made a conscious decision to take it a step further and shot his handgun in the parking lot potentially endangering the lives of anyone in the area. His decision to pull the trigger demands our immediate attention and in this case, I am relieved that Mr. Scott was arrested before his criminal behavior resulted in serious injury to anyone.”
“Thanks to our professional and hard-working officers, Mr. Scott was apprehended and his ability to harm others quelled. I am extremely proud of every City of Norcross Police Officer for the tremendous service they provide this city every day. I am also thankful for the ATF’s efforts in this case. Their partnership is crucial to the success of local law enforcement,” said Norcross Police Chief Bill Grogan.
According to U.S. Attorney Pak, the charges and other information presented in court: On March 20, 2018, Norcross Police responded to reports of gunfire at a local hotel. Upon arrival, they were notified that Jonathan Christopher Scott had fired a handgun in the parking lot. The entire incident was captured on video, but Scott left the location prior to law enforcement's arrival.
Shortly thereafter, Norcross Police were notified that Scott returned to the hotel. Officers were directed to his room and Scott refused to answer. After several attempts to contact him were unsuccessful, police obtained a search warrant, entered the hotel room, and observed Scott walking away from the bathroom. Scott was detained and police located a loaded Smith and Wesson .40 caliber handgun inside of the water tank affixed to the toilet. The handgun was reported stolen from a vehicle in Henry County, Georgia on January 30, 2018.
Jonathan was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Norcross Police Department.
Deputy Chief Assistant U.S. Attorney Jill Steinberg and Assistant U.S. Attorney Noah Schechtman prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Statement of United States Attorney Mike Stuart on District's Successes in the Fight Against the Opioid Crisis at the One Year Mark of Operation S.O.S.Read the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement in response to the Department of Justice’s announcement of first year successes in Operation Synthetic Opioid Surge (S.O.S.):
“It’s a remarkable record. Over the past year, we have worked with our law enforcement partners to reduce the supply of deadly synthetic opioids that have ravaged my District and with it destruction, chaos and death. We are so pleased to have remarkable partnerships with our Operation SOS teams – the DEA and OCDETF – as we tackle this crisis on behalf of the people of West Virginia. I want to thank Attorney General Barr, the Department of Justice, and all of our law enforcement partners for allowing us to be a part of this critical operation and for committing the resources to allow us to make such critical progress.
Originally identified as one of the ten districts comprising Operation S.O.S., the Southern District has become a national leader in the fight against the purveyors of these poisons. In my district alone, in a single year, we have 62 cases pending as a result of Operation S.O.S. with 13 convictions. And most recently, a 1.2 kilogram mixture of fentanyl and heroin was seized from a defendant in one of those cases – enough fentanyl to kill more than 600,000 people. Those figures don’t even include the additional fentanyl we took off the street that could have killed more than 1.6 million people last year.
Our efforts are conducted with a sense of urgency. Everyday. 24/7/365. We are focused and working to end this terrible tragic tale. We are aggressively targeting the drug thugs that poison our children and our communities. The drug dealers, drug thugs, and poison peddlers need to understand they are not welcome here.
My record is tough - no revolving door for drug thugs or Detroit mules and I lock them up as long as we possibly can. There are more takedowns to come. These are our streets. And we’re taking them back.”
The full Department of Justice press release is below.
Follow us on Twitter: SDWVNews
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The United States Department of JusticeFOR IMMEDIATE RELEASE
TUESDAY, JULY 16, 2019
JUSTICE DEPARTMENT ANNOUNCES RESULTS IN FIGHT AGAINST THE OPIOID CRISIS AT ONE YEAR MARK OF OPERATION S.O.S.WASHINGTON – One year ago, the Justice Department announced the formation of Operation Synthetic Opioid Surge (S.O.S.), a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers.
Over the past year, 10 districts with some of the highest drug overdose death rates in the country, each targeted a county where they focused on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity. These districts worked with DEA Special Operations Division to track and coordinate these street-level cases and also received additional assistance from the Organized Crime and Drug Enforcement Task Forces (OCDETF).
“Our attorneys and law enforcement agents have spent the past year working tirelessly to disrupt the networks engaged in the trafficking of synthetic opioids. Today we are proud to share their successes in 10 of the districts most affected by this scourge,” Deputy Attorney General Jeffrey A. Rosen said. “The Department of Justice’s efforts have resulted in countless successes from California to Maine. We have successfully sought enhanced sentences in cases that resulted in deadly overdoses, and we have boosted cooperation among the partners involved. There remains much work to be done, but Operation S.O.S. marks a crucial turning point in the fight against synthetic opioids.”
The 10 participating districts and some of their successes are listed below:
- The Eastern District of California has reported a total of 27 Operation S.O.S. investigations in which the narcotics seized have included kilogram-quantities of fentanyl, heroin, cocaine, methamphetamine, oxycodone, and hydrocodone.
- The Eastern District of Kentucky has reported 15 investigations with six to eight new investigations being added monthly and has charged nine sentence-enhanced “death resulting” cases.
- The District of Maine has an additional 30 cases as a result of Operation S.O.S.
- The District of New Hampshire has had 41 cases through Operation S.O.S. that have resulted in indictments with fentanyl being distributed in 39 of those cases amongst other drugs.
- The Northern District of Ohio has indicted 71 defendants under Operation S.O.S., and has seen a 12 percent decrease in overdose deaths from the previous year.
- The Southern District of Ohio has 58 Operation S.O.S. investigations of the 58 investigations, 52 involve fentanyl distribution.
- The Western District of Pennsylvania noticed the decline in overdose deaths in the county they originally had targeted. This decline was attributed to a large number of people moving out of the targeted county to attempt to circumvent the U.S. Attorney’s Office’s efforts. The U.S. Attorney’s Office has refocused their resources to target the county where fatal overdoses have increased the most.
- The Eastern District of Tennessee has reported seven Operation S.O.S. cases involving 39 defendants, with a number of those including “death resulting” cases.
- The Northern District of West Virginia has 22 Operation S.O.S. cases with one “death resulting” prosecution. One of these investigations resulted in eight separate cases involving 35 defendants.
- The Southern District of West Virginia has 62 cases pending as a result of Operation S.O.S. with 13 convictions. Just recently, a 1.2 kilogram mixture of fentanyl and heroin was seized from a defendant in one of those cases.
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DAG
19-773
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Statement by United States Attorney Richard P. DonoghueRead the Press Release
Introduction: Thank you for coming today. My name is Richard Donoghue and I am the United States Attorney for the Eastern District of New York. I am joined here today by the Special Agent-In-Charge of the FBI New York’s Criminal Division, Michael Driscoll.
We are here to announce that, after an exhaustive investigation, the Department of Justice has reached the conclusion that insufficient evidence exists to prove beyond a reasonable doubt that the police officers who arrested Eric Garner in Staten Island on July 17, 2014 acted in violation of the federal criminal civil rights statute. Consequently, the investigation into this incident has been closed.
We met with Mr. Garner’s family earlier this morning and shared our findings and decision with them. I offered my sincere condolences and those of Attorney General Barr and the entire Justice Department to the family for their tragic loss.
This morning I want to discuss the reasons for our decision and how we reached it. While the Department does not normally publicly discuss a decision not to bring charges, we felt that this matter is an exception because it means so much to our community and beyond.
Before I continue, let me say as clearly and unequivocally as I can that Mr. Garner’s death was a tragedy. For anyone to die under circumstances like these is a tremendous loss. For the family to suffer as this family has only compounds that loss.
But these unassailable facts are separate and distinct from whether a federal crime has been committed. And the evidence here does not support charging Police Officer Daniel Pantaleo or any other officer with a federal criminal civil rights violation.
Admittedly, many may disagree with the decision, and that is their right. However, we hope that by announcing and explaining our decision today, we can bring some measure of closure to one of this City’s more upsetting incidents involving the police and a member of the community.
Law:
To fully understand how we made this decision, I want to briefly discuss the applicable law.
In order for a federal criminal civil rights charge to be brought, the government must prove, beyond a reasonable doubt, four elements: (1) that the officer acted under color of law; (2) that the officer used objectively unreasonable force under the circumstances; (3) that the officer violated the law willfully; and (4) that the wrongful conduct caused bodily injury to the victim.
In simpler terms, this means that the government must prove beyond a reasonable doubt that an officer willfully used more force than he reasonably could have believed was necessary under the circumstances.
During the Department’s investigation, we focused primarily on two of these elements: 1) whether the force used was objectively unreasonable and 2) whether the officer acted willfully in violation of the law.
The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. And the law recognizes that the police are often forced to make split-second judgments in circumstances that are tense, uncertain and rapidly evolving.
However, even if the government can prove beyond a reasonable doubt that the force used was objectively unreasonable, the government must also prove beyond a reasonable doubt that the officer acted willfully. This is the highest standard of intent imposed by law, and is different and higher than the intent standard under the relevant state statutes. While willfulness may be inferred from blatantly wrongful conduct, such as a gratuitous kick to the head, an officer’s mistake, fear, misperception, or even poor judgment does not constitute willful conduct under federal criminal civil rights law.
What all of this means is that, even if we could prove that Officer Pantaleo’s hold of Mr. Garner constituted unreasonable force, we would still have to prove beyond a reasonable doubt that Officer Pantaleo acted willfully.
The Video:
Eric Garner’s arrest was largely captured on video and the video has been replayed in the media on countless occasions. Like many of you, I have watched the video many times and, each time I’ve watched it, I am left with the same reaction – that the death of Eric Garner was a tragedy. And I know that every one of my colleagues who reviewed the video shares that sentiment.
The job of a federal prosecutor, however, is not to let our emotions dictate our decisions.
Our job is to review the evidence gathered during the investigation – like the video - to assess whether we can prove that a federal crime was committed.
When viewed in its entirety, the video documents a tense and escalating encounter between Mr. Garner and the officers, and shows that the officers had to make split-second decisions under stressful circumstances. The video shows that the officers’ initial actions were in accordance with established police tactics and procedures, but that the situation deteriorated as it progressed. At the end of the day, however, the video and the other evidence gathered in the investigation does not establish beyond a reasonable doubt that Officer Pantaleo acted in willful violation of federal law.
The Evidence:
Now let me address the video and some of the other evidence.
On July 17, 2014, Officers Justin D’Amico and Daniel Pantaleo attempted to place Eric Garner under arrest. The officers were acting that day under direct orders to address complaints about the sale of untaxed cigarettes in the vicinity of Tompkinsville Park in Staten Island. Mr. Garner resisted arrest, both verbally and physically, and consequently the officers were permitted to use force to effect the arrest. That force, of course, had to be reasonable.
After Mr. Garner resisted arrest, Officer Pantaleo appeared to attempt two approved NYPD tactics, both of which involved force. First, he appeared to attempt an “arm bar,” which involves pulling the hand of a person down, while the officer goes behind the person to gain control of him to put handcuffs on him. As the video makes clear, Mr. Garner twisted his body and freed his arms, evaded Pantaleo’s grasp, and avoided being placed in handcuffs.
Officer Pantaleo next appeared to attempt a second approved tactic, this one called the “rear takedown” or “seat belt.” In this tactic, an officer places one arm under a person’s armpit and the other hand across the shoulder and chest of the person in order to unbalance the person and bring him to the ground. Here, Officer Pantaleo placed his right arm under Mr. Garner’s right armpit and his left arm on Mr. Garner’s shoulder and upper chest, with his left palm facing out and away from Mr. Garner’s neck. At this point, there is nothing in the video to suggest that Officer Pantaleo intended or attempted to place Mr. Garner in a chokehold.
I would also note that there was a significant difference in size and weight between Mr. Garner, who stood 6’2” and weighed close to 400 lbs., and Officer Pantaleo, who was considerably smaller. And it is clear that this disparity in size and weight contributed to Officer Pantaleo being unable to bring Mr. Garner under arrest quickly and without further incident.
Officer Pantaleo then attempted to complete the rear takedown to put Mr. Garner off balance. This is where the situation rapidly deteriorated. As Mr. Garner and Officer Pantaleo struggled, Officer Pantaleo held onto Mr. Garner and both men fell backward. In the process, Officer Pantaleo’s body slammed against a store window, causing the window to buckle. It appears that, in response to that collision, and to maintain a hold on Mr. Garner, Officer Pantaleo wrapped his left arm around Mr. Garner’s neck, resulting in what was, in effect, a chokehold. Officer Pantaleo maintained that hold on Mr. Garner for a total of approximately seven seconds. During the first few seconds of that hold, the two men were falling to the sidewalk.
As has been widely reported, Mr. Garner stated, “I can’t breathe,” but I would point out that he made this statement only after he fell to the sidewalk and after Officer Pantaleo released his grip from Mr. Garner’s neck. Significantly, Officer Pantaleo was not engaged in a chokehold on Mr. Garner when he said he could not breathe, and neither Officer Pantaleo nor any other officer applied a chokehold to Mr. Garner after he first said he could not breathe.
It is also important to understand that there is a disagreement among medical experts regarding the cause of Mr. Garner’s death. While the medical examiner who conducted Mr. Garner’s autopsy ruled it a homicide – meaning that the death resulted, rightly or wrongly, from the actions of another – another medical examiner who reviewed the autopsy report could not conclusively determine whether the chokehold itself caused Mr. Garner’s death.
At least two different medical experts have explained that the sudden cardiac arrest suffered by Mr. Garner could have resulted from a number of causes in addition to the chokehold, including being restrained in a prone position, damage to his neck area that was not attributable to the chokehold and Mr. Garner’s serious underlying medical conditions. This is significant because it casts doubt upon whether the chokehold itself caused Mr. Garner’s death.
The Decision:
When we evaluated Officer Pantaleo’s actions in light of (1) his training and experience, (2) Mr. Garner’s size, weight and actions to resist arrest, and (3) the duration and escalating nature of their interaction, we determined that there was insufficient evidence to prove beyond a reasonable doubt that Pantaleo acted in willful violation of the law.
As a result, we conclude that there is insufficient evidence to bring a federal criminal charge against Officer Pantaleo for his role in the untimely death of Mr. Garner.
Conclusion:
Before I conclude, I also would like to address the timing of today’s announcement. As I mentioned earlier, this investigation was extremely thorough and time consuming and the recent administrative hearing conducted by the NYPD provided, at least potentially, one last opportunity to develop evidence that might have put us in a position to bring charges.
But regardless, today’s announcement is long overdue. We, the Department, owed it to Mr. Garner’s family and to the community to complete the investigation and announce our decision earlier.
I should emphasize that this was a very difficult decision, and it was one that was contemplated and considered at the very highest levels of the Department of Justice for several years.
For the family, for the community, and for the cause of justice, please know that experienced, highly trained federal agents and career prosecutors worked hard to investigate and examine the facts to determine if a federal criminal case could be brought here. The Department remains committed to aggressively investigating allegations of excessive force by police officers and others, and will continue to dedicate all necessary resources to doing so. We are committed to aggressively prosecuting excessive force cases whenever there is sufficient evidence to bring them.
Mr. Garner’s death was a terrible tragedy. But having thoroughly investigated the surrounding circumstances, the Department has concluded that the available evidence would not support federal civil rights charges against any officer.
We know and understand that some will be disappointed by this decision, but it is the conclusion that is compelled by the evidence and the law.
Raleigh Man Sentenced to 48 Months for Illegally Possessing a Firearm and AmmunitionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces today that United States District Judge James C. Dever, III, sentenced JERRY LATWAN HARRIS, JR., 26, of Raleigh, North Carolina, to 48 months’ imprisonment, followed by 3 years of supervised released.
On November 7, 2018, HARRIS was named in a one-count Indictment charging him with Possession of a Firearm and Ammunition by a Convicted Felon. On April 8, 2019, HARRIS pled guilty to the charge.
On July 4, 2018, an officer of the Raleigh Police Department initiated a traffic stop on a truck driven by HARRIS. The officer suspected HARRIS was intoxicated, and he was detained. The officer located two bottles of liquor on the passenger-side floorboard, one of which was partially consumed. Inside the center console, the officer located a .40 caliber handgun, loaded with 14 rounds of ammunition, which was reported stolen from Cary, North Carolina.
During an unprotected statement to officers, HARRIS advised he consumed two or three beers earlier in the day. Preliminary breathalyzer examinations indicated HARRIS had a .13 blood alcohol concentration on two separate occasions. HARRIS was arrested without incident. Further investigation revealed HARRIS was on post-release supervision for several felony convictions, including two counts of Robbery with a Dangerous Weapon.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also 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 violence crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative please click here: https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorney Daniel W. Smith prosecuted the case for the government.
Portland Man Pleads Guilty to Holding for Sale Counterfeit Drugs and Possessing a Firearm in Furtherance of Drug TraffickingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Colin Harle, 23, of Portland, pleaded guilty today in U.S. District Court to holding for sale counterfeit drugs and possession of a firearm in furtherance of drug trafficking.
According to court records, on August 27, 2018, law enforcement officers arrested Harle in South Portland following his attempted sale of counterfeit alprazolam (commonly sold under the brand name “Xanax”) pills. After Harle’s arrest, officers learned that Harle had a safe in a wooded area in Westbrook, Maine. Officers located the safe and found about 20,000 counterfeit pills marked “Xanax 2,” $5,480 in United States currency, and a 9mm pistol with two fully-loaded magazines.
The Food and Drug Administration (“FDA”) Forensic Chemistry Center confirmed the presence of alprazolam in the pills and that the pills were counterfeit.
“American consumers rely on FDA oversight to ensure the safety, efficacy, and authenticity of their prescription medications. Illegally dispensing counterfeit prescription drugs places consumers’ health at risk,” said Jeffrey Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “We are committed to pursuing and bringing to justice those who jeopardize the public health by distributing these potentially dangerous products.”
“Traffickers who keep loaded guns with their illegal drugs should expect to be caught and prosecuted,” said U.S. Attorney Frank.
The defendant faces up to ten years in prison and a $250,000 fine on the counterfeit drug charge and between five years and life in prison and a $250,000 fine on the firearm charge. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by FDA Office of Criminal Investigations; the Westbrook Police Department; and the Maine Drug Enforcement Agency.
Pittsburgh Man Charged with Aiding and Abetting the Making of False Claims to the U.S.Read the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, was charged with one count of aiding and abetting the making of false claims to the United States, United States Attorney Scott W. Brady announced today.
Toby Bonitz, 27, was named as the sole defendant.
According to Indictment, Bonitz falsely claimed to have performed water quality tests at various Department of Veterans Affairs facilities causing his employer to charge the Department of Veterans Affairs for the water quality tests.
The law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000.00, a term of not more than three years supervised release, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.
The Department of Veterans Affairs - OIG conducted the investigation leading to the prosecution of Bonitz.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pine Ridge Woman Charged in Stabbing Death of ManRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, woman was charged in federal district court with Second Degree Murder.
Doreen Brown, age 43, was charged on July 1, 2019. Brown appeared before U.S. Magistrate Judge Daneta Wollmann on July 3, 2019, and pleaded not guilty to the charge. The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, 5 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Brown stabbing a man with a screwdriver at Pine Ridge in June 2019, resulting in his death. The charge is merely an accusation and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Heather Sazama are prosecuting the case.
Brown was detained pending trial. A trial date has been set for September 10, 2019.
Philadelphia Woman Indicted on Drug ChargeRead the Press Release
PITTSBURGH, Pa – One resident of Philadelphia, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Ana Rodriguez Gonzalez, 31, as the sole defendant.
According to the Indictment, on or about May 1, 2019, Rodriguez Gonzalez possessed with the intent to distribute one kilogram or more of heroin.
The law provides for a maximum sentence of not less than 10 years in prison, a fine of not more than $10,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brian M. Czarnecki will prosecute this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Paterson Police Officer Admits Conspiring to Violate Civil Rights, Using Excessive Force, and Filing False Police ReportRead the Press Release
NEWARK, N.J. – A City of Paterson police officer today admitted conspiring to violate the civil rights of individuals in Paterson, using unreasonable and excessive force, and filing a false police report to conceal his criminal activity, U.S. Attorney Craig Carpenito announced.
Police Officer Frank Toledo, 30, of Paterson, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to a three-count information charging him with conspiracy to violate individuals’ civil rights, using unreasonable and excessive force in violation of individuals’ civil rights, and filing a false police report.
“The U.S. Attorney’s Office and our law enforcement partners remain committed to identifying and prosecuting corrupt police officers who violate the civil rights of our people,” U.S. Attorney Carpenito said. “We will continue to aggressively pursue these cases, and we are grateful to our counterparts at the FBI, the Paterson Police Department and the Passaic County Prosecutor’s Office, for their dedicated assistance on this investigation.”
“The FBI has a long history of standing with and assisting our fellow law enforcement officers,” Gregory W. Ehrie, FBI Special Agent in Charge in Newark, said. “When a police department finds rogue officers who violate civil rights, we will answer the call to help rid that department of anyone who tarnishes the badge they wear.”
According to documents filed in this and other cases and statements made in court:
Toledo, along with other Paterson police officers, including Eudy Ramos, Jonathan Bustios, Daniel Pent, Matthew Torres, and others, stopped and searched motor vehicles, without any justification, and stole cash and other items from the occupants. Toledo and the other officers also stopped and searched individuals on the streets of Paterson, and illegally took their money. Toledo and other officers arrested individuals in Paterson, took cash from them, and split it among themselves. To cover up their criminal activity, Toledo and his fellow officers then filed false police reports. For example, on Dec. 2, 2017, Toledo and Ramos stopped and arrested an individual in Paterson and stole approximately $1,000, which they split. Toledo and Ramos then filed a false police report omitting that they had stolen $1,000 from the arrestee.
Toledo communicated via text message with his conspirators regarding their illegal activity. In one text message, on Nov. 16, 2017, Toledo wrote to Bustios, “everything we do is illegal.” In another, Bustios sent Toledo a text message with an animated talking pig that said, “I’m tryin’ to go mango hunting. Let’s goooo.” Toledo replied with an address and wrote “meet me here,” telling Bustios to meet him at a location where they could look to illegally seize “mangos,” a code word for cash.
While on official duty, Toledo also routinely used unreasonable and excessive force in his encounters with individuals in Paterson, causing them bodily harm. For instance, in three incidents in 2017:
• Toledo chased and apprehended a juvenile, pushed the juvenile to the ground, and punched the juvenile several times. Toledo later told Bustios, “I’ve been borderline blacking out when I catch these n[ ]” and “I beat that n[ ] like he owed me money.” Toledo also told Bustios that when he used force on the juvenile, he “was no longer a cop.”
• Toledo and Ramos chased and tackled an individual in Paterson and struck the individual several times in the body. They then released the individual without filing charges. The incident was recorded by a third party and uploaded to YouTube. Toledo told Bustios that the individual who recorded the incident “missed the best part,” which was when Toledo “laid him out.” Toledo then said, “funny shit is that we cut him” and “didn’t even lock him up.”
• Toledo and Torres arrested an individual, handcuffed him behind his back, and placed him in the backseat of their police car. During the ride to police department headquarters, Toledo depressed the brakes on his police car in order to force the individual to slam his body and head against the divider in the backseat of the police car, a tactic known as “brake-checking.” Toledo recorded the incident on his cell phone and sent it to others.
The conspiracy to violate civil rights and the deprivation of civil rights charges each carry a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each count is $250,000. Sentencing is scheduled for Oct. 22, 2019.
Bustios pleaded guilty in December 2018 to conspiring to deprive individuals of their civil rights and to extortion under color of official right. Torres pleaded guilty in May 2019 to conspiring to deprive individuals of their civil rights and to filing a false police report. His sentencing is scheduled for Sept. 9, 2019.
Ramos was indicted in a nine-count indictment with conspiring to deprive individuals of their civils rights, depriving individuals of their civil rights, and filing false police reports. His case is pending before Judge Hayden. Daniel Pent was previously charged by complaint with conspiring to deprive individuals of their civil rights. His case, too, is pending. The charges and allegations against them are merely accusations, and they are presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s guilty plea. He also thanked the Passaic County Prosecutor’s Office, under the direction of Passaic County Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Police Chief Troy Oswald, and the Paterson Police Department Office of Internal Affairs, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
Defense counsel: Dennis S. Cleary Esq., West Orange, New Jersey
Orlando Pharmacy Agrees to Pay over $100,000 to Settle Controlled Substances Act ViolationsRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Florida Discount Drugs, Inc., which operates as Taylor’s Pharmacy, has agreed to pay the United States $107,500 to resolve allegations that it violated the Controlled Substances Act by improperly distributing schedule III and IV drugs, and committing multiple recordkeeping violations. The settlement relates to a Drug Enforcement Administration (DEA) investigation of Taylor’s Pharmacy.
According to the settlement agreement, between February 15, 2012, and July 22, 2016, Taylor’s Pharmacy made 37 distributions of schedule III and schedule IV controlled substances, and an additional 31 distributions of controlled substances to two individuals not registered to receive those drugs. Then, on April 18, 2017, the DEA initiated an inspection of Taylor’s Pharmacy and determined that it had committed 18 recordkeeping violations of the Controlled Substances Act.
“Pharmacies have an obligation to ensure that controlled substances are properly tracked through the distribution chain,” said U.S. Attorney Maria Chapa Lopez. “This settlement highlights our commitment to enforcing the Controlled Substances Act and protecting our citizens.”
“The pharmaceutical industry has a vital role on the front lines of preventing drug misuse and abuse across America. This settlement demonstrates the important responsibilities all pharmacies have to prevent dangerous drugs from their intended misuse,” said Susan Langston, Diversion Program Manager, Miami Field Division. “This civil resolution reached today is just one example of DEA’s determination to combat the troubling prescription drug abuse problem in this country by pursuing pharmacies that fail to comply with the law. Our nation’s pharmacies must play a major role in the fight against pharmaceutical drug abuse, so that together we can protect public health and keep our communities safe.”
This settlement resulted from a coordinated effort by the Drug Enforcement Administration and the U.S. Attorney’s Office for the Middle District of Florida. It has handled by Assistant U.S. Attorney Jeremy R. Bloor.
The claims resolved by this settlement are allegations only. There has been no determination of liability.
Norwalk Woman Who Stole Federal Annuity Benefits is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that SYBIL F. BUTLER, 57, of Norwalk, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to three years of probation for stealing federal annuity benefits. Judge Underhill also ordered Butler to pay full restitution and a $1,000 fine, and to perform 150 hours of community service.
According to court documents and statements made in court, Butler’s mother received monthly annuity payments following her retirement from the U.S. Postal Service. Butler’s mother died in June 2014. Between June 2014 and October 2016, Butler impersonated her mother in phone calls to the Office of Personnel Management, and also forged her mother’s signature on numerous documents indicating that her mother was alive. As a result, $71,701.13 in federal annuity benefits were deposited into Butler’s and her mother’s joint bank account after her mother’s death.
Butler was arrested on a criminal complaint on October 3, 2018. On March 5, 2019, she pleaded guilty to one count of theft of government funds.
This matter was investigated by the Office of Personnel Management, Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Lauren C. Clark.
Northwood Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONCORD - James Goodwin, 53, of Northwood, pleaded guilty in federal court to possession of child pornography, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in the fall of 2018, a North Carolina undercover police officer was conducting an online investigation into individuals involved in the trading of illegal images of child pornography. Goodwin was identified after he uploaded numerous images of child sexual abuse into a chatroom which were downloaded by the undercover officer. Forensic examinations of several of Goodwin’s electronic devices revealed images depicting the sexual assaults of children.
Goodwin is scheduled to be sentenced on October 22nd 2019.
“Protecting the innocence of children is one of the highest priorities of law enforcement,” said U.S. Attorney Murray. “We work closely with our law enforcement partners to identify and prosecute those who commit crimes related to child pornography.”
This matter was investigated by Immigration and Customs Enforcement’s Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Northfield Man Sentenced to Six Months of Home Confinement for Making False Statements to Obtain Social Security BenefitsRead the Press Release
CONCORD – Robert Gallagher Sr., 51, of Northfield, was sentenced to three years of probation, including six months of home confinement, for making false statements to obtain Social Security disability insurance benefits, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Gallagher has managed and worked as a mechanic since at least 2008. In May of 2012, Gallagher applied for disability insurance benefits and falsely claimed that he had been unable to work since January 1, 2011. To receive disability insurance benefits, an individual must have a medical disability that prevents the claimant from performing “substantial gainful activity”—that is, work activity that is the type ordinarily done for pay or profit. Social Security advised Gallagher that he was required to report whether he was working, regardless of his income, and that if he provided Social Security with “false information on purpose, [his] benefits will be stopped.” However, although Gallagher was managing and working when he applied for benefits, he concealed his work activity from Social Security. As a result, Gallagher began receiving Social Security disability insurance benefits in October of 2013.
In December 2016, during an in-person work activity review, Gallagher again told Social Security that he had not been working. In 2017, during an audit of Department of Motor Vehicle inspections by the New Hampshire State Police, Gallagher told the inspector that he worked approximately 47 hours per week as both a mechanic and state vehicle inspector. Gallagher subsequently admitted to an investigator from the Office of the Inspector General (OIG), that he had worked since 2008 and that he had lied to Social Security when he claimed that he was not working. As a result of his concealment, Gallagher received Social Security disability insurance benefits that he was not entitled to receive from October 2013 through March 2017.
Gallagher previously pleaded guilty on November 13, 2018.
In addition to the sentence, the Court also ordered Gallagher to pay $91,539 in restitution within six months.
“Social Security disability insurance benefits provide essential support to individuals who are unable to work,” said U.S. Attorney Murray. “Lying in order to obtain these benefits is a crime. In order to protect the integrity of Social Security, we will not hesitate to prosecute those who attempt to cheat the system to obtain money they are not entitled to receive.”
“Disability insurance benefits are designed to provide financial assistance to those individuals who are not employed as a result of a medical condition,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service’s Boston Division. “Taking advantage of a system that supports those who need it most, will not be tolerated. The U.S. Postal Inspection Service and our federal and state law enforcement partners will continue to conduct investigations of those who participate in schemes like these.”
“By prosecuting offenders like Gallagher, we deliver a strong message that this type of fraud won’t be tolerated,” said Scott Antolik, Special Agent-in-Charge of the Social Security OIG’s Boston Field Division. “Today’s sentencing should serve as a warning to those who choose to defraud the Social Security Administration. These cases are vigorously pursued, and we will continue to work jointly with the U.S. Attorney, and our law enforcement partners to identify and prosecute fraud perpetrators in the future.”This matter was investigated by the Social Security Administration Office of the Inspector General, the U.S. Postal Inspection Service, and the New Hampshire State Police. The case was prosecuted by Special Assistant U.S. Attorney Matthew T. Hunter.
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North Las Vegas Felon Sentenced to Almost Five Years in Prison for Possession of 12-Inch Pipe BombRead the Press Release
LAS VEGAS, Nev. – A felon who admitted to threatening to “blow up the house” was sentenced today 57 months in federal prison to be followed by three years of supervised release for possession of a 12-inch pipe bomb, announced United States Attorney Nicholas A. Trutanich of the District of Nevada.
Christopher Michael Robinson, 47, of North Las Vegas, was sentenced by United States District Judge Larry Hicks. Robinson pleaded guilty in November 2018, to unlawful possession of a destructive device. He has multiple prior felony convictions in Nevada and Hawaii, including a prior conviction for possessing a pipe bomb.
According to court documents, on January 11, 2018, the North Las Vegas Police Department requested assistance from the Las Vegas Metropolitan Police Department, Las Vegas Fire & Rescue, and the FBI. When bomb technicians arrived at the North Las Vegas house, they located and removed a 12-inch pipe bomb in the house. The pipe bomb had a fuse and contained BBs, match heads, and pyrotechnic powder. After the pipe bomb was rendered safe, law enforcement conducted an interview with the resident who stated that he had evicted Robinson for not paying rent. Robinson then threatened to “blow up the house” and placed the pipe bomb in the house and left. Law enforcement found Robinson hiding in a shed at a nearby house. During an interview with law enforcement, Robinson admitted he constructed the pipe bomb and stated that he was currently on parole in Hawaii for previously manufacturing a pipe bomb.
The case was investigated by the FBI, the North Las Vegas Police Department, the Las Vegas Metropolitan Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Las Vegas Fire & Rescue Bomb Squad. Assistant U.S. Attorney Linda Mott prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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North Dakota Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Belcourt, North Dakota, woman convicted of Assaulting a Federal Officer was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Gloria Peltier, age 20, was sentenced to 12 months and 1 day in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Peltier was indicted by a federal grand jury on January 23, 2019. She pled guilty on March 25, 2019.
The conviction stemmed from an incident on December 18, 2018, when Peltier was being held at the Lower Brule Detention Center and was caught with contraband. When a corrections officer took the contraband, Peltier became agitated and correction officers had to remove Peltier from the jail cell. When the officers were removing Peltier from the cell, she balled her hand into a fist and punched one of the officers in the face causing a laceration.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Peltier was immediately turned over to the custody of the U.S. Marshals Service.
Newark Mail Carrier Convicted of Conspiring to Defraud United StatesRead the Press Release
NEWARK, N.J. – A U.S. Postal Service (USPS) mail carrier was convicted today of conspiring to defraud the United States by getting paid to assist a drug dealer in receiving packages of marijuana through the mails, U.S. Attorney Craig Carpenito announced.
Fred Rivers, 47, of Newark, was convicted of one count of conspiracy to defraud the United States by interfering with and obstructing the lawful functions of the USPS to properly deliver only legal and permissible substances and materials through the mails, and for USPS employees to receive only lawful compensation. The jury deliberated for one day, following a four-day trial before U.S. District Judge Esther Salas in Newark federal court. The jury acquitted Rivers of one count of taking bribes.
According to documents filed in this case and the evidence at trial:
Rivers was a mail carrier at the USPS Springfield Station in Newark. From October 2016 through September 2017, he accepted cash payments from Glenn Blackstone in exchange for intercepting packages containing pounds of marijuana that were sent through the mail. Rivers removed the packages – which were addressed to fake names, but real addresses in Newark – and delivered them to Blackstone in the employee parking lot of the Springfield Station. Rivers used a scanner to falsely indicate in USPS records that the packages had been delivered to the addresses on the labels. Rivers received cash payments of approximately $100 from Blackstone for each delivery. Rivers began delivering the intercepted parcels to Blackstone in exchange for cash after another mail carrier, Leonard Gresham, asked Rivers to make the deliveries when Gresham was unavailable to do so.
The conspiracy charge carries a maximum potential penalty of five years in prison and a maximum fine of $250,000 or twice the gross gain from the offense. Rivers is scheduled to be sentenced on Oct. 29, 2019.
On Feb. 13, 2018, Gresham pleaded guilty to bribery for his role in the scheme; on April 17, 2018, Blackstone pleaded guilty to marijuana trafficking and bribery. Both are awaiting sentencing before Judge Salas.
U.S. Attorney Carpenito credited special agents with the USPS, Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to today’s verdict.
The government is represented by Assistant U.S. Attorney Sean Farrell of the U.S. Attorney’s Office Special Prosecutions Division and Assistant U.S. Attorney Lee M. Cortes Jr., Deputy Chief of the Special Prosecutions Division.
Mount Airy Man Sentenced to 12 Years in Prison in Child Pornography Case That Involved Online Solicitation of MinorsRead the Press Release
GREENSBORO, N.C. – A man who pleaded guilty to transportation of child pornography was sentenced today, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
JARED THOMAS MARVIN, 24, of Mount Airy, North Carolina, pleaded guilty on January 9, 2019, to one count of transportation of child pornography. He was sentenced by United States District Judge Catherine C. Eagles to 144 months of imprisonment followed by 10 years of supervised release.
In 2017, the Surry County Sheriff’s Office received information from Massachusetts law enforcement that an individual residing in Mount Airy, North Carolina solicited child pornography from a 10 year old girl. Investigators with Surry County identified the individual as MARVIN and took possession of his electronic devices. In his online communication with the minor girl, MARVIN purported to be a pre-teen girl and distributed child pornography to the minor in an attempt to induce her to create and send him the same.
When questioned by investigators, MARVIN explained that he saw the 10 year old minor’s profile while browsing the social networking application Musical.ly. MARVIN admitted to possessing hundreds of child pornography files. He estimated that, over the years, he asked 100 girls between 11 and 15 years of age for images depicting their private parts and advised that his requests were successful 65-70% of the time.
“This case serves as a frightening reminder that predators lurk on popular social media applications and websites,” said United States Attorney Martin. “It is also a reminder that online sexual exploitation is a borderless crime that requires, as in this case, the hard work and cooperation of geographically distant law enforcement agencies. The United States Attorney’s Office is committed to ensuring that those who harm and endanger our children will face punishment for their repugnant behavior.”
The North Carolina State Bureau of Investigation (SBI) reviewed MARVIN’s devices and assisted with the investigation. SBI agents found 1,417 images and 673 videos constituting child pornography on four devices owned by MARVIN. Further, agents were able to identify and contact several minor girls with whom MARVIN inappropriately communicated.
This case was investigated by the Surry County Sheriff’s Office and North Carolina State Bureau of Investigation, both are members of the North Carolina Internet Crimes Against Children (ICAC) Task Force. The case was prosecuted by Assistant United States Attorney Eric L. Iverson.
It was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Mobile County Man Sentenced to 57 Months for Possession of a Firearm After Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Ryan Cody Goodman, a 29 year old resident of Mobile, Alabama was sentenced to 57 months of incarceration for possession of a five stolen firearms.
On March 28, 2019, Goodman entered a guilty plea pursuant to a plea agreement and admitted in open court that on July 6, 2018, Goodman borrowed a friend’s gray four door vehicle. Goodman then travelled to an address in Semmes, AL and burglarized the residence. During the commission of the burglary, the owner came home, observed a four door gray vehicle outside of his home and the front door open. He walked inside of his home and saw Goodman. When Goodman saw the homeowner, he retreated to a bedroom, jumped out of a window, and ran while holding a pillowcase with several items that belonged to the homeowner stolen during the burglary. The items stolen included ammunition, several knives, numerous coins and five firearms. The homeowner called the Mobile County Sheriff’s Office and reported the burglary. At that time, Goodman had been convicted of at least four felonies, namely, Burglary 2nd Degree, Receiving Stolen Property, 1st Degree, and two convictions for Burglary 3rd Degree.
Deputies of the Mobile County Sheriff’s Office along with special agents of the FBI investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Receives 12 Months for Distribution of Marijuana with a U.S. Postal Service Mail CarrierRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Uford Davis, a 44 year old resident of Mobile, Alabama was sentenced to 12 months in prison as a result of his conviction for possession with intent to distribute marijuana.
On March 20, 2019, Davis entered a guilty plea pursuant to a plea agreement and admitted in open court that in 2018, he conspired with U. S. mail carrier Unterria Rogers to distribute marijuana. Specifically, Rogers’s duty station as a mail carrier was Midtown Station in Mobile. Davis occasionally met Rogers along Rogers’s mail route and Rogers gave packages of marijuana to Davis who then paid Rogers quantities of cash.
On May 23, 2018, a surveillance operation determined Rogers met with Davis who was driving a Ford F150 along his route and handed off drug parcels with various addresses to Davis in exchange for the cash. This meeting was observed, and video recorded by a police helicopter. A short time later, Rogers was arrested. He was found to have $2,610 in cash on his person and additional drug parcels in his postal truck, one of which was assigned to another route. Davis was also simultaneously arrested and his vehicle searched. Two parcels of marijuana just given to him by Rogers were seized from the F150 driven by Davis.
Davis was Mirandized and interviewed that day. Davis said that he heard that Rogers worked for the postal service and could deliver marijuana to him. Davis said that Rogers provided him with names and addresses to be put on packages. Davis then passed that information on to his marijuana drug connection in California. The California drug connection d then shipped marijuana to Mobile in the names of these people. Davis received marijuana packages once or twice a week for the past six months. Rogers made about eight to 10 successful delivers to Davis during that time. Rogers attempted to deliver five more marijuana packages to Davis but was unsuccessful. Davis paid $500 per pound of marijuana to his California connection and $250 per pound of marijuana to Rogers. The two boxes seized from Davis F150 on May 23, 2018, contained 19 pounds of marijuana. Rogers was paid $500 for the two packages he provided to Davis on May 23, 2018. The total amount of marijuana attributed to Davis is approximately 123 pounds.Inspectors of the United States Postal Inspection Service along with special agents of the United States Postal Service/Office of the Inspector General investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney Gina S. Vann.