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15 July 2019
Monroe County Man Charged with Possession of Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 9, 2019, Jonathan Brownlee, age 41, of Long Pond, was indicted by a federal grand jury for possession of child pornography.
According to United States Attorney David J. Freed, the indictment alleges that Brownlee committed the offense between August 2017 and April 10, 2018. The indictment further alleges that Brownlee possessed and accessed with intent to view images of child pornography, including images of minors under the age of 12.
The indictment also states that Brownlee committed the offense after having been convicted of receipt and distribution of child pornography in 2012 in federal court.
The case was investigated by the Federal Bureau of Investigation and the Pocono Mountain Regional Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The maximum penalty under federal law for this offenses is 20 years’ imprisonment, a lifetime term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 10 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monongalia County man indicted on cocaine and firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – Derrick Morris, of Morgantown, West Virginia, appeared today in federal court on drug and firearms charges after being indicted by a federal grand jury sitting in Clarksburg on July 9, 2019 , United States Attorney Bill Powell announced.
Morris, age 32, is charged with one count of “Possession with Intent to Distribute Cocaine Base,” one count of “Use of a Firearm During and in Relation to a Drug Offense,” and one count of “Unlawful Possession of a Firearm.” Morris is accused of distributing “crack” cocaine in Monongalia County in November 2018. Morris, who is prohibited from having a firearm because of a previous conviction, is also accused of having a .22 caliber rifle and a .45 caliber semi-automatic pistol during the alleged drug offense.
Morris faces up to 20 years incarceration and a fine of up to $1,000,000 for the drug offense, at least five years incarceration and a fine of up to $250,000 for firearm during a dug crime, and up to 10 years incarceration and a fine of up to $250,000 for the unlawful possession crime. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mon Metro Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Monongalia County man indicted for sex offender registry violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Earnest Parrie Dille, of Morgantown, West Virginia, appeared in federal court today after being indicted by a federal grand jury sitting in Clarksburg on July 9, 2019 for failing to register as a sex offender, United States Attorney Bill Powell announced.
Dille, age 63, is charged with one count of “Failure to Update Sex Offender Registration.” Dille, a person required to register as a sex offender, is accused of traveling from Idaho to West Virginia without updating his sex offender registration from January 2018 to April 2019.
Dille faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The United States Marshal Service investigated.
U.S. Magistrate Judge Michael John Aloi presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Millcreek Community Hospital Will Pay $2,451,000 to Settle Claims for Medically Unnecessary Inpatient Rehabilitation ServicesRead the Press Release
PITTSBURGH – Millcreek Community Hospital, located in Erie, Pennsylvania, has agreed to pay $2,451,000 to resolve claims that the hospital violated the False Claims Act by billing Medicare and Medicaid for medically unnecessary inpatient rehabilitation services, Scott W. Brady announced today.
Millcreek Community Hospital (Millcreek) has an inpatient rehabilitation unit located within its hospital. An inpatient rehabilitation unit is intended to provide services to patients needing rehabilitative services that require hospital-level care. The United States contends that between July 1, 2013 and December 31, 2017, Millcreek admitted patients to its inpatient rehabilitation unit who did not qualify for such services, and failed to adequately document in the patients’ medical records that the inpatient rehabilitation services were medically necessary and reasonable.
As part of the settlement, Millcreek also agreed to enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of Counsel to the Inspector General, which will require, among other things, regular monitoring of the hospital’s billings for a period of five years.
"Health care fraud threatens the safety and integrity of our entire health care system," said U.S. Attorney Brady. "When doctors and medical professionals order unnecessary testing or services, they in effect steal from the most vulnerable members of our community by raising the cost of care for everyone."
This matter was investigated by the Office of Inspector General of the United States Department of Health and Human Services. Assistant United States Attorney Rachael L. Mamula handled the investigation that led to this settlement on behalf of the United States.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Michigan man sentenced for role in a drug distribution operation in Monongalia CountyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Darius Dunbar, of Southfield, Michigan, was sentenced today to six months incarceration for his involvement in a heroin, oxycodone, and cocaine distribution operation, United States Attorney Bill Powell announced.
Dunbar, age 25, pled guilty to one count of “Aiding and Abetting Distribution of Heroin” in March 2019. Dunbar admitted to selling heroin in July 2017 in Monongalia County.Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. The United States Marshal Service assisted.
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.
Michigan Defendant Pleads Guilty to Conspiracy to Defraud the IRS and Steal from an Organization Receiving Federal FundsRead the Press Release
A Boca Raton, Florida, resident pleaded guilty today in Flint, Michigan, to conspiring to impede the lawful functions of the Internal Revenue Service (IRS) and conspiring to steal from an organization receiving federal funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to court documents, from January 2013 through December 2017, Scott Jawetz and his co-defendants executed a scheme, using the company Blue Horseshoe Consulting Inc. (Blue Horseshoe), to obtain police reports, stolen from the Detroit Police Department, which contained automobile crash victim information. Jawetz and his co-conspirators used the stolen information to solicit automobile accident victims for medical and chiropractic services. Jawetz and his co-conspirators also underreported to the IRS gross receipts they received from Blue Horseshoe business operations and the total wages Blue Horseshoe paid to its employees.
United States District Court Judge Matthew F. Leitman scheduled sentencing for Jawetz for Jan. 15, 2020. Jawetz faces a maximum sentence of five years in prison and a $250,000 fine on each of the two conspiracy counts. Jawetz also faces a period of supervised release, restitution, and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation and the Federal Bureau of Investigation, who conducted the investigation, and Tax Division Trial Attorneys Mark McDonald and William Guappone, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Mexican Removed from U.S. Seven Times Sentenced for Illegal ReentryRead the Press Release
ERIE, Pa. - A citizen of Mexico has been sentenced in federal court to 18 months in jail on his conviction of violating federal immigration laws, United States Attorney Scott W. Brady announced today.
United States District Judge Susan Paradise Baxter imposed the sentence on Juan Aranda-Lara, 38.
According to information presented to the court, on or about December 17, 2018, Aranda-Lara was found to be unlawfully present within the United States. Aranda-Lara had been previously ordered deported and removed from the United States on May 11, 2001 and was removed from the United States on May 15, 2001, September 29, 2009, November 14, 2009, November 24, 2009, December 1, 2009, and November 20, 2014. The defendant subsequently reentered the United States, and was found to be present in this country without the permission of the Attorney General of the United States or her successor the Secretary of the Department of Homeland Security. While in the United States illegally, Aranda-Lara was convicted of a domestic assault in Erie County, Pennsylvania.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended Immigration and Customs Enforcement for the investigation leading to the successful prosecution of Aranda-Lara.
Methamphetamine Distribution Conspiracies Result in Lengthy Prison SentencesRead the Press Release
NASHVILLE, Tenn. – July 15, 2019 – Twenty individuals have been sentenced for their role in a series of methamphetamine distribution conspiracies which resulted in as much as 21 kilograms of methamphetamine and one kilogram of fentanyl being trafficked into the Middle Tennessee area and the arrest and indictment of two dozen individuals on drug trafficking charges, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Filmon Mehtsentu, 33, of Clarkston, Georgia, was sentenced Friday to 20 years in prison for his role as the leader of a Drug Trafficking Organization that brought and distributed multi-kilograms of methamphetamine and fentanyl into the mid-state, beginning in early 2017. Mehtsentu pleaded guilty in December 2018, following a year-long investigation, dubbed “Operation Street Tax,” which resulted in the indictment of 13 other persons, nine of whom have pleaded guilty and were previously sentenced, including: Guled Mohamed, 33, of Snellville, Georgia, sentenced to 151 months in prison; Shawn Dial, 31, of Ashland City, Tennessee, sentenced to 110 months in prison; Shane Watts, 33, of LaVergne, Tennessee, sentenced to 100 months in prison; Anthony Hampton, 39, of Shelbyville, Tennessee, sentenced to seven years in prison; Joel Stockham, 27, of Antioch, Tennessee, sentenced to four years in prison; Juan Carranza, 39, of Nashville, sentenced to 41 months in prison; Eddie Shaw, 53, of Nashville, sentenced to three years in prison; Zelalam Lloyd, 30, of Clarkston, Georgia, sentenced to 28 months in prison; and Randell Chaney, 35, of Murfreesboro, Tennessee, sentenced to time served.
Reginald Crump, 51, and Darrell Lockridge, 31, both of Nashville, previously pleaded guilty and will be sentenced later this year. Rocky Jones, 38, of Joelton, Tennessee, was convicted at trial in May and is awaiting sentencing. Arone Haile, of Atlanta, Georgia, has pleaded not guilty and is awaiting trial. He is presumed innocent until proven guilty in a court of law.
Ten other persons were charged in 2017 in a separate methamphetamine distribution conspiracy, which began in December 2015 and continued until the end of May 2017. All have pleaded guilty and were sentenced, including: Liam Glenn, 25, of Hermitage, Tennessee, sentenced to 14 years in prison; Pascal Pasha, 35, of Kennesaw, Georgia, sentenced to 150 months in prison; Todd White, 49, of Atlanta, Georgia, sentenced to 136 months in prison; Daniel Demore, 44, of Atlanta, Georgia, sentenced to 2 years in prison; Jason White, 39, of Portland, Tennessee, sentenced to 160 months in prison; Williams Ryan Macintyre, 35, of Nashville, Charles Henderson, 31, of Lebanon, Tennessee, and Autumn Swindle, 41, of Nashville, were each sentenced to five years in prison; Charvel Roberson, 27, of Nashville, was sentenced to 26 months in prison; Dakota Boyles, 22, of Portland, Tennessee, most recently of Franklin, Kentucky, was sentenced to 12 months and a day in prison.
Of particular interest during the investigation, agents intercepted a parcel shipped from Arizona, which was suspected to contain a kilogram of heroin. DEA Lab analysis later determined the contents to be fentanyl – a quantity lethal enough to kill thousands of people. Other parcels intercepted during the investigation contained kilograms of incredibly pure methamphetamine, including 2.232 kilograms with 95% purity; 2.233 kilograms with 98% purity; 0.516 kilograms with 93% purity; and 141.16 grams of a substance containing heroin and fentanyl.
These cases were investigated by the U.S. Drug Enforcement Administration; the U.S. Postal Inspection Service; the Bureau of Alcohol, Tobacco, Firearms & Explosives; the United States Secret Service; the Internal Revenue Service-Criminal Investigation; the Metropolitan Nashville Police Department; the Columbia Police Department; the Rutherford County Sheriff’s Office; and the Williamson County Sheriff’s Department. Assistant U.S. Attorneys Amanda Klopf and Brent Hannafan are prosecuting the cases.
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Manhattan U.S. Attorney Announces Bankruptcy Settlement with Responsible Parties at US Magnesium Superfund SiteRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, Susan Bodine, Assistant Administrator for Enforcement and Compliance Assurance for the U.S. Environmental Protection Agency (“EPA”), and David Bernhardt, Secretary of the U.S. Department of the Interior (“DOI”), announced today that the United States has entered into a settlement agreement with the bankruptcy trustee for the estates of debtor MAGNESIUM CORPORATION OF AMERICA (“MAGCORP”) and RENCO METALS, INC. (“RENCO METALS”), resolving claims and liabilities related to environmental contamination at a former magnesium production facility in Rowley, Utah. The settlement agreement remains subject to court approval.
U.S. Attorney Geoffrey S. Berman said: “Polluters will be held to account, even in bankruptcy, for contaminating the environment. As a result of today’s settlement, MagCorp and Renco Metals will pay more than $33 million to fund clean-up of the hazardous substances at the US Magnesium Superfund Site.”
EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine said: “Settlement of this long running litigation is a significant step forward in the effort to address the environmental issues at the U.S. Magnesium site. The resources secured will help fund remediation of the site.”
DOI Secretary David Bernhardt said: “At the Department of the Interior, we are focused on addressing environmental challenges, so we can provide the highest quality of life to all Americans. If approved by the Court, the funding recovered through this settlement will be used to reclaim and restore access to 58,000 acres of BLM-managed public lands, which were damaged and abandoned by MagCorp over two decades ago.”
In its proofs of claim filed in this bankruptcy, the United States asserted that MAGCORP and RENCO METALS (collectively, the “debtors”) were liable to EPA and DOI’s Bureau of Land Management (“BLM”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) (commonly known as the Superfund statute) for the cost of clean-up of hazardous substances released at a 4,525-acre site adjacent to the Great Salt Lake in Rowley, Utah, where MAGCORP had previously operated a magnesium production facility (the “US Magnesium Site”). The United States also asserted on behalf of BLM and DOI’s Fish and Wildlife Service that the debtors were liable under CERCLA for natural resource damages caused by these hazardous substances; on behalf of EPA that the debtors were liable for civil penalties under the Resource Conservation and Recovery Act (“RCRA”); and on behalf of BLM that the debtors were liable for reclamation of land owned by the United States that MAGCORP used in connection with its operations. Finally, the United States on behalf of BLM sought to recover from the debtors unpaid rent due in connection with a federal right-of-way and compensation for unpermitted removal of minerals from federal land.
The settlement agreement filed in Manhattan Bankruptcy Court today substantially resolves these proofs of claim and, among other things, provides substantial funding for the remediation of the US Magnesium Site and affected federal land. Pursuant to the agreement, the United States will receive allowed bankruptcy claims in the amount of $82,135,812, which is expected to result in a distribution of approximately $28.2 million dollars to fund remediation at the US Magnesium Site or reclamation of federal land used by MAGCORP in its operations, and more than $400,000 in compensation for natural resource damages, unpaid rent, and the unpermitted removal of minerals from federal land. The agreement also secures the commitment of the current operator of the magnesium production facility, US Magnesium LLC, and its parent entities, to use more than $5.8 million that they are recovering from the debtors for environmental activities at the US Magnesium Site.
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The settlement agreement will be lodged with the Bankruptcy Court for a period of at least 30 days before it is submitted for the Court’s approval, to provide public notice and to afford members of the public the opportunity to comment on the settlement agreement.
Mr. Berman thanked the Environment and Natural Resources Division of the U.S. Department of Justice, EPA, DOI and the State of Utah for their assistance in this case.
This case is being handled by the Office’s Environmental Protection Unit. Assistant United States Attorney Christine S. Poscablo is in charge of the case.
Kansas Woman Admits She and Co-defendant Crashed Car into Cabela’s to Steal GunsRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., woman pleaded guilty in federal court today to her role in crashing a car into a Cabela’s store to steal guns, U.S. Attorney Stephen McAllister said.
Brenda Tosh, 27, Kansas City, Kan., pleaded guilty to one count of conspiring to steal guns from a federally licensed firearms dealer. In her plea, she admitted that she and a co-defendant crashed a car into a Cabela’s store in Kansas City, Kan. They took long guns from the firearms section of the store and placed them into a shopping cart. According to court records, the guns included two 12-gauge shotguns, a .22-caliber rifle, a .308-caliber rifle and a .223-caliber rifle.
Law enforcement officers arrived and arrested Tosh before she could leave the store. The co-defendant was arrested later, after fleeing the store and stealing a car from a nearby dealership.
Tosh is set for sentencing Sept. 30. Both parties have agreed to recommend a sentence of a year and a day in federal prison.
Co-defendant Kyle Mendez, 29, Kansas City, Kan., is scheduled for a change of plea hearing Aug. 19.
McAllister commended the Kansas City, Kan., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Chris Oakley for their work on the case.
Jackson Man Sentenced under Project EJECT to 22 Months in Prison for Illegally Possessing a Firearm as a Convicted FelonRead the Press Release
Jackson, Miss – Harold Course, 46, of Jackson, was sentenced today by U.S. District Judge Carlton W. Reeves to 22 months in federal prison, followed by three years of supervised release, for possession of a firearm by a convicted felon, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation. Course was also ordered to pay a $1,000.00 fine.
On October 19, 2018, officers with the Gulf Coast Regional Fugitive Task Force arrived at a halfway house in Jackson to serve an arrest warrant on an individual when they observed a man asleep in the driver’s seat of a pickup truck. Agents identified the man as Harold Course. Course was not the subject of the arrest warrant, but agents observed, in plain view, a shotgun between Course and the truck’s center console. Agents determined Course was wanted by Brookhaven Police for robbery and was a convicted felon. Course had been previously convicted in Hinds County, Mississippi, of attempted business burglary on March 6, 2015.
On February 20, 2019, Course was charged in a federal indictment with possession of a firearm by a convicted felon. He pled guilty before Judge Reeves on April 8, 2019.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Bert Carraway.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Investigation Leads to Two Arrests on the Seneca Allegany Indian ReservationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that as part of an enforcement operation focused on and around the Seneca Allegany Indian Reservation, two defendants have been charged with narcotics conspiracy in two separate cases.
In the first case, Brandon Blackshear, 35, of Olean, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, crack cocaine and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. The defendant made initial appearance before U.S. Magistrate Judge H. Kenneth Schroder and is being held pending a detention hearing on July 19, 2019.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, on January 2, 2019, members of the Southern Tier Regional Drug Task Force made a controlled purchase of crack cocaine from the defendant and a co-conspirator. On January 22, 2019, the task force made a second controlled purchase of crack cocaine as well as heroin from Blackshear and a co-conspirator.
In the second case, Christopher T. Dupont, 32, of Salamanca, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, butyryl fentanyl. That charge also carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
AUSA Violanti stated that according to the complaint against Dupont, since July of 2018, the Southern Tier Regional Drug Task Force has been conducting an investigation into the distribution of heroin in and around Salamanca, NY. That investigation identified the defendant as a distributor of heroin in and around Salamanca. During the course of the investigation, investigators conducted controlled purchases of butyryl fentanyl from Dupont on July 11 and August 29, 2018.
On August 30, 2018, investigators executed a state search warrant at the defendant’s Elm Street residence. During execution of the search warrant, officers observed several items dropped out of a window of the residence, including several small clear baggies with a powdery substance (suspected butyryl fentanyl) and several pills, an empty cigarette pack, and a small scale. Dupont was subsequently arrested on state charges.
Dupont also made an initial appearance before Judge Schroeder. A detention hearing is scheduled for July 16, 2019.
“This Office takes seriously our federal trust responsibility and obligation to pursue justice in Indian Country and to work diligently to increase public safety and the quality of lives in tribal communities,” stated U.S. Attorney Kennedy. “These arrests make clear our commitment to work in order to improve the quality of life for all native residents in those communities.”
The complaints are the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Salamanca Police Department, under the direction of Chief Troy Westfall.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Isleta Pueblo Woman Pleads Guilty to Assaulting Two Federal Officers in Indian CountryRead the Press Release
ALBUQUERQUE – Marybeth Jiron, 56, of Isleta Pueblo, N.M., pleaded guilty in federal court in Albuquerque today to charges of assaulting two federal officers.
A grand jury returned an indictment against Ms. Jiron on Feb. 27, 2019, charging her with two counts of assaulting federal officers of the Bureau of Indian Affairs, with the assaults involving physical contact. According to the indictment and other court records, Ms. Jiron committed the offenses in Bernalillo County on Jan. 31, 2019. Specifically, Ms. Jiron threw a lit cigarette at one officer, hitting the officer in the eye. Ms. Jiron then hit and pushed a second officer. At the time of the assaults, both officers were engaged in the performance of their official duties.
Ms. Jiron has been released pending sentencing, which has yet to be scheduled. She faces up to eight years in prison.
The Isleta Tribal Police Department investigated this case. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
Honduran National Charged with Illegal ReentryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JOAQUIN ENRIQUE LOPEZ-JIRON, age 33, a citizen of Honduras, was charged on Wednesday, July 10, 2019 in a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326.
According to the bill of information, JOAQUIN ENRIQUE LOPEZ-JIRON reentered the United States in or about 2019, after having been previously removed therefrom on or about April 15, 2011.
If convicted, JOAQUIN ENRIQUE LOPEZ-JIRON faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
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Honduran Man Charged with Illegally Using Social Security Number to Obtain EmploymentRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that BAYRON MARTINEZ-RODRIGUEZ, age 28, a native of Honduras, was charged on Tuesday, July 15, 2019 in a one-count bill of information with Illegally using a Social Security number in order to obtain employment, in violation of Title 42, United States Code, Section 408(a)(7)(B).
MARTINEZ-RODRIGUEZ faces a maximum term of imprisonment of not more than five (5) years, a fine of $250,000.00, and a mandatory special assessment fee of $100.00.
U.S. Attorney Strasser reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of United States Customs and Border Protection agents in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Honduran Man Charged with Illegally Using Social Security Number to Obtain EmploymentRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that OLIVER MARTINEZ-CASTRO, age 19, a native of Honduras, was charged on Tuesday, July 9, 2019 in a one-count bill of information with Illegally using a Social Security number in order to obtain employment, in violation of Title 42, United States Code, Section 408(a)(7)(B).
MARTINEZ-CASTRO faces a maximum term of imprisonment of not more than five (5) years, a fine of $250,000.00, and a mandatory special assessment fee of $100.00.
U.S. Attorney Strasser reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of United States Customs and Border Protection agents in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
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Hartford Drug Dealer Sentenced to 10 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that STANLEY REDDICK, 35, of Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 120 months of imprisonment, followed by four years of supervised release, for multiple drug offenses.
According to the evidence introduced during the trial in this matter, on two occasions in April 2017, investigators made controlled purchases of a total of approximately 110 grams of crack cocaine from Reddick.
Reddick was arrested on May 3, 2017. On that date, a search of his residence and his person revealed approximately 32 grams of crack, 42 grams of heroin, nine grams of a mixture of heroin, fentanyl, and cocaine, and items used to process and package narcotics for street sale. Investigators also found a key to an inoperative vehicle that was parked behind the residence, a subsequent search of which revealed a 9mm firearm and approximately 28 grams of fentanyl.
On January 12, 2018, a jury found Reddick guilty of two counts of possession with intent to distribute and distribution of 28 grams or more of cocaine base (“crack”), one count of possession with intent to distribute heroin, one count of possession with intent to distribute cocaine base, and one count of possession with intent to distribute fentanyl. The jury found Reddick not guilty of one count of possession of a firearm in furtherance of a drug trafficking crime.
Reddick has been detained since his arrest.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Hartford Police Department’s Focused Violence Reduction Team. The case was prosecuted by Assistant U.S. Attorneys Marc H. Silverman and Michael J. Gustafson.
Guilford Landscaper Sentenced to Prison for Tax EvasionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LOUIS POCOGRANO, 58, of Guilford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to three months of imprisonment, followed by three years of supervised release, for tax evasion.
According to court documents and statements made in court, Pocograno owns Poco & Son Lawn Care, LLC, a landscaping and snowplowing business based in Guilford. Between approximately 2013 and 2016, Pocograno cashed numerous checks from clients that were made payable to him rather than his business, and he failed to report this income to the IRS. He also used a portion of the cash to pay undocumented workers he employed, and failed to collect and pay over the employment taxes for these employees.
Pocograno will pay the IRS restitution of $33,383, which represents income tax that is due for the 2013 through 2016 tax years, and an additional $250,364.59, which represents the employment tax that is due for those years, plus interest and penalties.
On March 22, 2019, Pocograno pleaded guilty to one count of tax evasion.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Guatemalan National Charged with Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that CARLOS HUMBERTO CARRETO-ROMERO, age 29, was charged on Wednesday, July 10, 2019 in a one-count bill of information for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the bill of information, CARLOS HUMBERTO CARRETO ROMERO (“CARRETO-ROMERO”), reentered the United States after he was previously deported on September 4, 2012. If convicted, CARRETO-ROMERO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Guatemalan National Charged with Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that ISAIAS MENDOZA-AILON, age 24, was charged on Wednesday, July 10, 2019 in a one-count bill of information for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the bill of information, ISAIAS MENDOZA-AILON (“MENDOZA-AILON”), re-entered the United States after being previously deported on October 3, 2018. If convicted, MENDOZA-AILON faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Former Physician Sentenced for Illicit Drug Distribution Activity and Identity TheftRead the Press Release
A Warren man was sentenced today to 64 months in prison for creating and distributing fraudulent controlled substance prescriptions, U.S. Attorney Matthew Schneider announced.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Division.
According to court records, Dimitar Cvetkoski, 41, posted advertisements on Craigslist illicitly marketing controlled substances. In one advertisement, Cvetkoski wrote: "Have Party favors, Rx, Or whatever you need if you’re interested."
Cvetkoski stole the identities of two local physicians to create the fraudulent prescriptions that he distributed, and attempted to distribute, to third parties. Cvetkoski also created fraudulent prescriptions that he used to obtain controlled substances for himself.
Additionally, Cvetkoski admitted that he engaged in credit card fraud and illicitly possessed approximately 130 credit card numbers belonging to third parties.
Cvetkoski had previously been licensed to practice medicine but his license had lapsed and he was not authorized to prescribe controlled substances while he was engaged in his illicit activity.
Among the controlled substances that Cvetkoski illegally distributed, and attempted to distribute, were numerous opioid-based drugs.
Cvetkoski was sentenced by U.S. District Judge Paul D. Borman.
The case was investigated by the Federal Bureau of Investigation and the Madison Heights Police Department, and was prosecuted by Assistant United States Attorney Andrew J. Yahkind.
Former Financial Planner Indicted for Investment Fraud Scheme and Failure to File Tax ReturnsRead the Press Release
PENSACOLA, FLORIDA – Former financial planner James A. Young III, 49, of Milton, Florida, was arraigned today in the U.S. District Court in Pensacola after a federal grand jury returned an indictment charging him with two counts of wire fraud and three counts of failure to file tax returns over a three-year period. The indictment was announced today by Lawrence Keefe, United States Attorney for the Northern District of Florida.
The indictment alleges that between 2010 and 2014, while working as a financial planner, Young solicited his clients and others to invest money in false "side investments" in real estate and natural resource rights. The indictment also alleges that Young presented false documents to potential investors and falsely told them he was also personally invested to convince them to invest.
The indictment further alleges that Young then pocketed the money, which totaled over $500,000, and used it for his own personal use. Further, in some instances, Young is alleged to have used money obtained from investors to pay back other investors, fraudulently representing the funds were returns or interest on their investments in order to keep the scheme going. Young also allegedly failed to file his federal tax returns for 2012, 2013, and 2014.
The maximum penalty for wire fraud is twenty years’ imprisonment. The maximum penalty for failure to file tax returns is one year imprisonment. The trial is scheduled for September 3, 2019, at 9:00 a.m. at the United States Courthouse in Pensacola.
Assistant United States Attorney Alicia H. Forbes is prosecuting the case following an investigation by the Emerald Coast Financial Crimes Task Force consisting of the Internal Revenue Service-Criminal Investigation and the Okaloosa County Sheriff’s Office. This case is part of the Department of Justice’s Elder Justice Initiative, which combats elder abuse and financial fraud targeted at seniors and is a key priority of the Department of Justice and the United States Attorney’s Office for the Northern District of Florida.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html
Former Chief of Eastern Shore Volunteer Fire Department Pleads Guilty and is Sentenced to 60 Years in Federal Prison for Attempted Enticement of a MinorRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced James Morris, Jr., age 70, of Cordova, Maryland, to 60 years in federal prison for attempted enticement of a minor. Morris pleaded guilty to that charge today. Judge Russell also ordered that, upon his release from prison, Morris must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA). As detailed in his plea agreement, Morris admitted that his sexual abuse of minor victims spanned several decades, including during the time when he was Chief of the Cordova Volunteer Fire Department. The victims reported that they met Morris in a variety of ways, including through his role as a bus driver for the Talbot County Public Schools and as a Little League umpire.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Talbot County State’s Attorney Scott G. Patterson; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
“James Morris admitted that since the 1980s he has used his position in the community to meet victims that he then sexually abused,” said U.S. Attorney Robert Hur. “We are grateful for the collaboration of our law enforcement partners to remove this sexual predator from the community so he can no longer victimize our children.”
“For decades, Morris preyed upon children using lies, deceit, and even more perversely, his community status,” said Acting Special Agent in Charge Cardell T. Morant of HSI Baltimore. “This exploitation of a position of trust is an atrocity for which no sentence can bring sufficient justice and peace. However, we can be assured by this sentence that Morris will never again be free to victimize another innocent child.”
According to his plea agreement, on September 29, 2017, the Maryland State Police (MSP) received a Cybertip from the National Center for Missing and Exploited Children alleging sexual abuse of multiple minor victims by a member of the Cordova Volunteer Fire Department, who was later identified as Morris. MSP’s investigation led to a search warrant being executed at Morris’ residence on November 30, 2017.
During the search, law enforcement seized several electronic devices. A review of these electronic devices showed that Morris used a specific Yahoo e-mail address and law enforcement obtained a search warrant for this Yahoo email address. The results from that warrant showed that Morris used the e-mail address to respond to an advertisement placed on Craigslist titled “Underage boy looking for daddy – m4m.” The advertisement was placed by a seventeen-year-old minor male victim who lives in Virginia.
The results of the e-mail search showed that Morris and the victim engaged in a sexually explicit conversation online on November 3, 2017. During the conversation, Morris asked to visit the victim at his residence in Virginia and requested a sexually explicit photo of the victim, which the victim provided to Morris.
On March 29, 2019, Morris pleaded guilty in Talbot County Circuit Court to six sex offenses, including the sexual abuse of five separate victims beginning in the 1980s, as well as one count of possession of child pornography in 2017, and one count of solicitation of child pornography related to this case. Sentencing in that case is scheduled for August 2, 2019.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the HSI Baltimore, the Maryland State Police, and the Talbot County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Hur thanked Assistant U.S. Attorney Ayn B. Ducao, who prosecuted the federal case.
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Former Cheerleading Coach Who Committed Sexual Assault on a Cruise Ship Sentenced to 6½ Years in Federal PrisonRead the Press Release
LOS ANGELES – A former cheerleading coach was sentenced today to 78 months in federal prison for sexually assaulting an intoxicated woman on a cruise ship bound from Long Beach to Ensenada, Mexico during the summer of 2015.
Anthony Paul De La Torriente, 30, of Simi Valley, was sentenced today by United States District Judge Dale S. Fischer, who also ordered him to register as a sex offender for the rest of his life. In imposing sentence, Judge Fischer said, “I hope that the fact that a jury of (the victim’s) peers believed her provides some comfort. I believe her too.”
On February 13, a federal jury found De La Torriente guilty of one count of sexual abuse and one count of abusive sexual contact. In reaching the verdict, the jury found that De La Torriente knew the victim was physically unable to decline participation or she had communicated unwillingness to engage in the sexual act.
According to the evidence presented at trial, De La Torriente volunteered to stay alone in the victim’s cabin with the victim, whose severe intoxication from a daytime excursion in Ensenada had worried their colleagues. Once alone with the victim, while the colleagues were away getting food on the cruise ship, De La Torriente sexually assaulted her. When their colleagues returned, they found the victim’s cabin door had been double-locked from the inside. When De La Torriente eventually unlocked the door and allowed their colleagues inside, the victim identified De La Torriente as her attacker.
The victim reported the assault to the cruise ship’s medical and security staff. Swabs taken from the victim’s body matched De La Torriente’s DNA, while swabs taken from inside and outside of his underwear matched the victim’s DNA.
This matter was investigated by the Federal Bureau of Investigation.
This case was prosecuted by Assistant United States Attorneys Cassie D. Palmer of the Public Corruption and Civil Rights Section and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section.
Ex-U.S. Navy Contract Official Sentenced to More than 5 Years in Prison for Bribery Scheme Where He Netted $1.2 Million in KickbacksRead the Press Release
LOS ANGELES – A former civilian employee of the United States Navy who was a senior procurement official for Naval Base Ventura County and who received $1.2 million in illegal kickbacks was sentenced today to 70 months in federal prison.
Fernando Barroso Sr., 69, of Oxnard, was sentenced by United States District Judge John F. Walter. In March, Barroso pleaded guilty to one count of conspiracy and one count of subscribing to a false federal income tax return. Barroso admitted in his plea agreement that he defrauded the United States, submitted false claims for payment and accepted bribes.
Barroso worked for 22 years as the master scheduler for the Public Works Department at the Naval Base, which included three facilities – Point Mugu, Port Hueneme and San Nicolas Island. In this role, Barroso was an “approving official” responsible for approving material purchases, service contracts, vendors and payments to vendors.
Barroso conspired with Theodore Bauer, a Ventura County businessman who operated three entities that received contracts from the Navy. Barroso and Bauer entered into an arrangement in 2008 where Barroso issued and approved work orders and purchase orders for Bauer’s companies. Bauer submitted false invoices on behalf of his companies, and Barroso approved invoices and payments to Bauer’s companies – even though work was not being performed. In return, Bauer gave Barroso 50 percent of all proceeds generated by the scheme.
Prior to September 13, 2011, Bauer paid Barroso in cash – a figure that exceeded $375,000. Beginning on September 14, 2011, when Barroso created F. Barroso & Sons, Bauer paid the kickbacks by issuing checks payable to Barroso’s corporation. In December 2013, Barroso purchased a majority stake in a maintenance company, and Bauer paid kickbacks in the form of checks to that company as well. The total amount of kickbacks paid by Bauer to Barroso in the form of checks was $846,100.
Barroso admitted in his plea agreement that he violated government procurement regulations and violated conflict of interest laws by approving contract payments to the maintenance company he controlled. Barroso further admitted that some of the invoices issued by the maintenance company were simply fraudulent.
Barroso also admitted that he failed to report $95,200 of kickbacks on his 2011 tax return, and that he claimed $331,225 of fictitious deductions on his 2012 tax returns. These violations caused a tax loss to the government of $105,039. Judge Walter ordered Barroso to pay $1,077,718 in restitution to the U.S. Navy and Internal Revenue Service.
Bauer pleaded guilty in November 2018 to conspiracy to commit bribery and is scheduled to be sentenced by Judge Walter on July 22.
This matter was investigated by IRS Criminal Investigation, the Defense Criminal Investigative Service, and the Naval Criminal Investigative Service.
The cases against Barroso and Bauer are being prosecuted by Assistant United States Attorney Daniel J. O’Brien of the Public Corruption and Civil Rights Section.
Elkhart, Indiana Man Sentenced to 47 Years in PrisonRead the Press Release
SOUTH BEND – Rex Hammond, age 55, of Elkhart, Indiana, was sentenced before United States District Court Judge Robert L. Miller, Jr. upon his conviction after a 4-day jury trial in April. Mr. Hammond was convicted on 5 counts of Hobbs Act Robbery, 2 counts of brandishing a firearm during a crime of violence, and 1 count of being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Mr. Hammond was sentenced to 564 months in prison and ordered to pay $2,630 in restitution.
U.S. Attorney Kirsch said, “Hammond’s lengthy sentence should serve as a reminder to all violent criminals that we will seek appropriate punishment for their crimes. Hammond changed the lives of innocent victims forever with reckless acts of violence. Thanks to the work of all our law enforcement partners, he will essentially serve the rest of his life behind bars.”
“This investigation and prosecution is another example of holding an armed career criminal accountable for the violence perpetrated by this defendant over many years,” stated Special Agent in Charge Tim Jones, of the Alcohol, Tobacco, Firearms and Explosives, Chicago Field Division. “ATF is proud to work alongside our local, state, and federal law enforcement partners in these important cases, and I hope keeping this defendant off the street will also help the community reclaim its neighborhood and feel safer.”
"This sentence send a strong and clear message that violence such as this, that puts innocent people at risk and instills fear in our communities, won't be tolerated," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "Keeping our communities safe has always been a top priority for the FBI and our law enforcement partners and this sentence demonstrates our continued commitment to identify and arrest violent criminals and hold them accountable."
According to documents in this case, Mr. Hammond went on a robbery spree from October 6 through October 27, 2017. During this spree he acquired, brandished, and lost firearms all while intimidating, threatening, and restraining victims of these various robberies. As part of his robbery spree, he robbed gas stations and a liquor store located in Logansport, Peru, Auburn, and Decatur, Indiana. Before committing the armed robberies involved in this federal trial, Mr. Hammond already had five felony convictions for armed robbery, robbery, or attempted armed robbery convictions. In fact, Hammond has spent the majority of the past 40 years robbing people or serving prison time for doing exactly that.
The case was investigated by ATF; FBI; Indiana State Police; Logansport Police Department; Peru Police Department; Auburn Police Department; Portage, Michigan Department of Public Safety; Kalamazoo, Michigan Department of Public Safety; Decatur Police Department; and Marshall County Sheriff’s Office. Additional assistance was provided by the following agencies: Cass County Prosecutor’s Office; Miami County Prosecutor’s Office; DeKalb County Prosecutor’s Office; Adams County Prosecutor’s Office; and Marshall County Prosecutor’s Office. The case was prosecuted by Assistant United States Attorneys Molly E. Donnelly and Luke N. Reilander.
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Dayton Man Sentenced to 20 Years in Prison for Meth CrimesRead the Press Release
DAYTON – Jason Rosales, 45, of Dayton, was sentenced in U.S. District Court to 240 months in prison and 20 years of supervised release for two crimes related to methamphetamine.
Rosales was convicted after an eight-day trial last July of conspiracy to possess and attempt to possess with intent to distribute more than 500 grams of the drug.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Keith Martin, Acting Special Agent in Charge, Drug Enforcement Administration (DEA), Springfield Police Chief Lee Graf and leaders of the MOWIN Task Force in Kansas City, Mo. announced the sentence imposed today by U.S. District Judge Walter H. Rice.
According to court documents and testimony, Rosales conspired to and attempted to possess at least 4,427 grams of 100 percent pure “crystal meth” or “ice.”
The MOWIN (Missouri Western Interdiction and Narcotics) Task Force in Kansas City had interdicted a courier at a Greyhound Bus Station on February 13, 2017 with 10 bundles of crystal meth hidden in a duffle bag.
The courier had been en route to deliver the drugs in Springfield, Ohio, and ultimately the DEA orchestrated a controlled delivery to Rosales in Dayton.
Rosales was charged by an indictment in February 2017. He was arrested on February 16, 2017 and has remained in custody since.
U.S. Attorney Glassman commended the cooperative investigation by the DEA, Springfield Police Department and Kansas City law enforcement, as well as Assistant United States Attorneys Amy M. Smith and Sheila G. Lafferty, who represented the United States in this case.
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Convicted Felon Charged with Illegally Possessing Loaded Handgun in Old Town Neighborhood of ChicagoRead the Press Release
CHICAGO — A convicted felon has been charged with a federal firearm violation for allegedly illegally possessing a loaded semiautomatic handgun in the Old Town neighborhood on Chicago’s North Side.
GASTON TUCKER, 32, of Chicago, is charged with one count of illegal possession of a firearm by a convicted felon. Tucker illegally possessed the gun on Feb. 17, 2019, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago. On July 9, 2019, U.S. Magistrate Judge Maria Valdez ordered Tucker detained in federal custody without bond.
The complaint and detention order were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Eddie Johnson, Superintendent of the Chicago Police Department.
Holding convicted felons accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
According to the complaint, Tucker was a backseat passenger in a sedan that was parked in front of a fire hydrant in the 1300 block of North Sedgwick Street in Chicago. A Chicago Police officer approached the vehicle and obtained identification from the vehicle’s occupants. As the officer walked back to her car to review the identifications, Tucker got out and ran down the street, the complaint states.
As officers began searching the area, security guards from a nearby housing complex reported seeing a man run through the complex and drop an object underneath a dumpster, the complaint states. Officers later searched underneath the dumpster and recovered the handgun, according to the complaint.
Tucker was previously convicted in state court of aggravated battery with a firearm, a felony for which he was on parole at the time of the alleged federal offense.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Illegal possession of a firearm by a convicted felon is punishable by up to ten years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Atwater Man Sentenced to 40 Years in Prison for Offenses Related to the Sexual Exploitation of Children Using Social MediaRead the Press Release
FRESNO, Calif. — Chief U.S. District Judge Lawrence J. O’Neill sentenced Nikko Adolfo Perez, 27, of Atwater, today to 40 years in prison, to be followed by a lifetime term of supervised release for his convictions for the sexual exploitation of children, coercion and enticement of a minor, and receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
“While Perez's sentence is substantial, it pales in comparison to the lifetime of damage he inflicted upon his many victims. Innocence cannot be restored,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “We hope this case inspires families to have conversations about the danger of communicating online over text, apps, and other media with a stranger and the importance of immediately seeking help if communication becomes exploitive or threatening. The internet fosters both false familiarity and anonymity, which can empower a predator. We urge the community to be mindful of the inherent danger of communicating with or transmitting photos to someone you do not truly know.”
According to a criminal complaint, Perez, using the Instagram screen name captainamerica272018, victimized two boys, ages 8 and 10, in Utah by coercing them to create and send him images of themselves engaged in sexually explicit conduct. Perez offered to pay the boys with Google Play credits if they engaged in requested sexual acts or poses, and when one of the victims said he would call 911, Perez threatened to disseminate the sexually explicit images of the victims. He also threatened to harm family members of the victims.
Perez admitted in a plea agreement that he also used Skype, Kik, Discord, Snapchat, and LiveMe to communicate with between 50 and 100 minors for the purpose of soliciting sexually explicit images of those minors. He admitted that he persuaded the victims to pose nude or engage in sexually explicit activities, sometimes with other minors. He admitted that he often paid victims to engage in this conduct, and he sent some of the material that he had requested to other people.
The FBI continues to seek additional victims. Information can be submitted to https://tips.fbi.gov or call the local FBI office.
This case was the product of an investigation by the Federal Bureau of Investigation, the Salt Lake City Police Department, and the FBI’s Violent Crimes Against Children Section Major Case Coordination Unit. The Merced District Attorney’s Office investigations unit also assisted in the investigation of the case. Assistant U.S. Attorney David Gappa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
13 July 2019
Three Sentenced for Crimes Associated with Mail TheftRead the Press Release
TULSA, Okla. – Three individuals were sentenced this week in U.S. District Court for crimes associated with stealing money, gift cards and credit cards from the mail, announced U.S. Attorney Trent Shores.
“The mail is regarded as sacred. It’s personal. Unfortunately, unscrupulous thieves see the mail as a source of income. They steal credit cards, checks, and personal financial information from mailboxes and then proceed to plunder individual bank accounts and cheat merchants,” said U.S. Attorney Trent Shores. “The impact on individual victims can be devastating, costing countless hours of backtracking on fraudulent spending and fixing personal credit. Vigilance is key to thwarting these criminals. So are enforcement and accountability. When you see someone raiding a neighbor’s mailbox or notice suspicious activity in your financial accounts, immediately make a report to the U.S. Postal Inspection Service at 918-732-6616 as well as local law enforcement. The criminals investigated will be vigorously prosecuted by this U.S. Attorney’s Office.”
Christopher Jacob Froehlich, 33, of Salisaw, was sentenced to two years in federal prison for aggravated identity theft. Froehlich purchased items using a stolen credit card, therefore assuming the owner’s identity. Following his prison sentence, he will serve one year on supervised release. Froehlich was arrested on Nov. 30, 2018 after Broken Arrow police officers attempted to initiate a traffic stop. Instead of stopping, Froehlich accelerated and led officers on a 17-minute pursuit, running stoplights at major intersections and reaching speeds of 90 mph. The driver and two passengers also threw multiple items from the car until they crashed into a fire hydrant. Upon their arrest and subsequent investigation, officers discovered several grams of methamphetamine and a Walmart receipt totaling $1,058.29 on Froehlich’s person. The corporate credit card, previously stolen from a mailbox, was used to purchase the items at Walmart just before the traffic stop. Froehlich admitted to stealing checks and credit cards from mailboxes over a 30-day period and fraudulently utilizing the credit card.
The United States Secret Service and Broken Arrow Police Department conducted the investigation. Assistant U.S. Attorney Richard M. Cella prosecuted the case.
Cory Blake Ackley and Jennifer Kathryn Steffen were sentenced this week for possession of stolen mail as well as a revocation of supervised released in a previous mail theft case from 2016. Ackley, 29, of Tulsa, was sentenced to a total of 17 months in federal prison to be followed by three years of supervised release. Steffen, 35, of Tulsa, was sentenced to a total of 33 months in federal prison to be followed by three years of supervised release. On Dec. 27, 2018, Tulsa Police Department officers initiated a traffic stop after observing Ackley and Steffen stealing mail from multiple residential mailboxes in South Tulsa. After searching the vehicle, officers found 391 pieces of unopened mail that originated from 51 separate addresses and included billing statements, credit card applications, gift cards, financial and bank statements, insurance and tax information, Amazon packages and other documents. Ackley and Steffen have multiple convictions related to stealing mail.
The Tulsa Police Department and the U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Charles M. McLoughlin prosecuted the case.
Protecting yourself from mail theft and related crimes:
- Never put outgoing mail in your residential mailbox for pick up.
- Promptly remove incoming mail from your residential mailbox.
- Rent a post office box.
- Consider purchasing a locking residential mailbox.
- Don’t send cash in the mail.
- File a change of address if you move.
- Have packages held at the post office for pick up.
- Have the recipient sign for important mailed items.
- Deposit outgoing mail in collection locations inside the post office.
Report mail fraud, mail theft, and identity theft to the U.S. Postal Inspection service at https://www.uspis.gov/report/.
St. Albans Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that a Charleston woman was sentenced in federal court on her convictions for possession with the intent to distribute heroin and fentanyl. Amy Wilkinson, 44, of St. Albans, was sentenced to 35 months in federal prison. Stuart commended the investigative efforts of the Kanawha County Sheriff’s Department STOP Team and the DEA Task Force.
“Another peddler of deadly heroin and fentanyl goes to federal prison,” said United States Attorney Mike Stuart. “Law enforcement and prosecution play critical roles in addressing the opioid epidemic.”
At Wilkinson’s plea hearing earlier this year, it was established that Wilkinson possessed controlled substances with the intent to distribute on two different dates. On February 22, 2017, officers with the Kanawha County Sheriff’s Department and DEA Task Force officers executed a search warrant on Empire Drive near St. Albans. During the execution of the search warrant, officers found Wilkinson inside the residence in possession of fentanyl that was individually packaged for distribution. Wilkinson admitted on that date that she intended to distribute the fentanyl in and around Kanawha County.
On March 2, 2017, Wilkinson was caught again in possession of a controlled substance with the intent to distribute. On this date, an investigation by the Kanawha County Sheriff’s Department discovered that Wilkinson had been selling drugs from a motel room in St. Albans. A search of the motel room revealed that Wilkinson was in possession of 23 grams of heroin that she admitted she intended to distribute in the Southern District of West Virginia.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
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Operation Mountaineer Highway Update: New Jersey Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A New Jersey man pleaded guilty for his participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart. James Terry, 38, of East Orange, New Jersey, entered his guilty plea to conspiracy to distribute oxycodone. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
“Operation Mountaineer Highway shut down a significant DTO responsible for bringing large amounts of oxycodone, heroin, fentanyl, meth and cocaine into our central and southern counties,” said United States Attorney Mike Stuart. “Terry is one of the 12 defendants charged by federal indictment as a result of the very thorough investigation conducted by law enforcement.”
Terry admitted that between October 2017 and September 2018, he worked with other members of a drug trafficking organization operating between Fayette County, West Virginia and New Jersey to distribute oxycodone pills. It was established that on May 31, 2018, Terry distributed over 500 oxycodone pills to another member of the drug trafficking organization in Fayette County, West Virginia. Terry obtained the oxycodone tablets in New Jersey and transported them to West Virginia. It was further established that on June 20, 2018 he was driving a car again transporting oxycodone pills from New Jersey to West Virginia. It was the plan to deliver the pills to the same member of the drug trafficking organization in West Virginia to be redistributed and sold illegally in the Southern District of West Virginia for profit. Prior to delivering the pills to West Virginia, the car Terry was driving was stopped by the Pennsylvania State Police. During the traffic stop, approximately 997 oxycodone pills were recovered. The pills were hidden in a secret compartment, commonly referred to as a trap.
Terry faces up to 20 years in prison and a $1,000,000.00 fine when he is sentenced on October 3, 2019.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
Follow us on Twitter: SDWVNews and USAttyStuart
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12 July 2019
“R. Kelly” Charged with Racketeering, Including Predicate Acts of Coercing and Transporting Minor Girls to Engage in SexRead the Press Release
A five-count superseding indictment was unsealed today in federal court in Brooklyn charging R&B singer Robert Sylvester Kelly, also known as “R. Kelly,” with racketeering predicated on criminal conduct including sexual exploitation of children, kidnapping, forced labor and Mann Act violations involving the coercion and transportation of women and girls in interstate commerce to engage in illegal sexual activity. Kelly is also charged with four counts of violating the Mann Act related to his interstate transportation of a victim to New York to engage in illegal sexual activity, and his exposure of her to an infectious venereal disease without her knowledge. Also today, Kelly was charged in a separate federal indictment unsealed in the Northern District of Illinois with federal child pornography and obstruction charges.
Kelly will appear this afternoon for a removal hearing at the federal courthouse in Chicago, Illinois. On a later date, Kelly will be arraigned on this superseding indictment in Brooklyn. This case is assigned to the United States District Judge Ann M. Donnelly.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, United States Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged, R. Kelly, together with employees and members of his entourage, engaged in a racketeering enterprise that preyed upon women and girls who attended his concerts so that the victims could be available to engage in illegal sexual activity with him at a moment’s notice,” stated United States Attorney Donoghue. “Today that comes to an end. This indictment makes clear that fame and power will not shield anyone from prosecution, particularly predators who victimize vulnerable members of our communities for their own sexual gratification.”
“R. Kelly’s Enterprise was not only engaged in music; as alleged, for two decades the enterprise at the direction of R. Kelly preyed upon young women and teenagers whose dreams of meeting a superstar, soon turned into a nightmare of rape, child pornography and forced labor. The musician turned predator allegedly used his stardom to coax some victims into nefarious sex acts while certain members of his enterprise calculatingly facilitated the aberrant conduct. Today’s indictment charging racketeering is a clear indication of the extent of his criminal activity, which involves coercion and kidnapping. This investigation was built with the foresight of special agents and detectives assigned to the joint HSI and NYPD Public Safety Task Force, along with prosecutors of the Eastern District of New York. R. Kelly believed he could fly, but it will be justice to see his oppressive wings clipped,” stated HSI Special Agent-in-Charge Melendez.
“The NYPD is committed to ensuring that child predators are taken off our streets and prosecuted to the fullest extent of the law. I thank our skilled NYPD detectives and our law enforcement partners for their unified work to provide justice for the victims of these despicable crimes. Those who engage in these reprehensible offenses against our most vulnerable will be pursued relentlessly, and held accountable for the pain and suffering they cause,” stated NYPD Commissioner O’Neill.
According to the superseding indictment and other court filings, Kelly and individuals who served as his managers, bodyguards, drivers, personal assistants and runners, as well as members of his entourage, comprised a racketeering enterprise (the Enterprise) that operated for over two decades in New York, Illinois, Connecticut, California and elsewhere. Kelly, as leader of the Enterprise, used his fame to recruit women and girls to engage in illegal sexual activity with him and others. The superseding indictment alleges that Kelly identified these girls and women and then directed members of the Enterprise to escort them backstage or to events following his musical performances. Kelly also exchanged contact information with girls and women so that he and other members of the Enterprise could arrange travel and lodging for them to visit Kelly and engage in the charged illegal sexual conduct.
Kelly issued rules that many of his sexual partners were required to follow, including that the women and girls were to call him “Daddy”; they were not permitted to leave their rooms to eat or visit the bathroom without receiving his permission; they were required to wear baggy clothing when not accompanying Kelly to an event; and they were directed to keep their heads down and not look at other men. Kelly also isolated the women and girls from their friends and family, and made them dependent on him for their financial well-being.
Earlier today, federal agents executed a search warrant at Kelly’s residence.The charges in the superseding indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
If convicted, Kelly faces a sentence of up to 20 years’ imprisonment for the Racketeering and two Mann Act Coercion and Enticement counts respectively, and up to 10 years’ imprisonment for each of the Mann Act Transportation counts.
If you believe you are a victim of criminal activity perpetrated by Robert Kelly, please contact HSI at 1-866-DHS-2-ICE (1-866-347-2423) or by logging on to https://www.ice.gov/webform/hsi-tip-form. This service is available 24 hours a day, seven days a week. All information will be kept strictly confidential.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorneys Elizabeth Geddes, Nadia Shihata and Maria Cruz Melendez are in charge of the prosecution.
The Defendant:
Robert Sylvester Kelly (also known as “R. Kelly”)
Age: 52
Residence: Chicago, IllinoisE.D.N.Y. Docket No. 19-CR-286 (AMD)
“Major Stackz Street Gang” Member Sentenced to 120 Months in Federal Prison for Trafficking Methamphetamine and HeroinRead the Press Release
Memphis, TN – "Major Stackz Street Gang" member Terrence Harper a/k/a "Red", 45, was sentenced to 120 months in federal prison for conspiracy to possess methamphetamine and heroin with intent to distribute. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, between February and November of 2017, Harper was an associate of a drug trafficking organization whose members identified themselves as "Major Stackz Entertainment." During this time period, Harper conspired with others to traffic several pounds of methamphetamine from the Los Angeles, California area to Memphis, Tennessee. Harper was also found to have bought and sold heroin, and in November of 2017, was found in possession of a large amount of heroin at a residence in Hickory Hill.
Members and associates of Major Stackz used firearms to protect their supply of drugs, supply routes, profits and distribution territory from competing drug trafficking organizations. The members and associates are from different, traditional street gangs, including the Young Mob, Vice Lords, Gangster Disciples, Kitchen Crips, and Bloods that have joined together to make money through criminal activity.
Symbolism played a large role in Major Stackz culture. The primary symbol with which the gang associated was the acronym "MSE" for "Major Stackz Entertainment." Shirts and social media posts containing words like "MSE," "Major Stack," or "Stackz," were also known as gang identifiers. Major Stackz started in and primarily operated out of the East Memphis area near the intersection of Kerr and Pillow Street in an area known to the locals as "DHG" or "Dope, hoes and guns."
On July 11, 2019, U.S. District Court Judge Sheryl H. Lipman sentenced Harper to 120 months in federal prison followed by 5 years supervised release.
U.S. Attorney D. Michael Dunavant said: "Distribution of illegal narcotics is not a victimless crime. The drug seller, at every level of distribution, is at the root of the pervasive cycle of drug abuse. Measured by the harm it inflicts upon the addict, and, through him, upon society as a whole, drug dealing in its present epidemic proportions is a grave offense of high rank. ‘Red’ brought large quantities of meth and heroin into Memphis for resale, and will now be ‘stacked up’ with a long prison sentence for his harmful crimes."
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Memphis Police Department, Multi Agency Gang Unit and Shelby County Sheriff’s Office investigated this case.
Assistant U.S. Attorney Dean DeCandia prosecuted this case on behalf of the government.
Woodbridge Gang Member Sentenced for Gun and Drug CrimesRead the Press Release
ALEXANDRIA, Va. – A Woodbridge man was sentenced today to 11 1/2 years in prison for cocaine trafficking and firearms offenses.
“Lozada’s conduct proves the adage that where guns and drugs intersect, violence is the result,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue to investigate and prosecute these cases to ensure criminals like Lozada are held accountable.”
According to court documents, Jorge Lozada, 23, is a known associate of the United Blood Nation/Imperial Gangsta Blood gang. From early 2017 through September 2017, Lozada distributed marijuana and cocaine, often advertising the drugs he had for sale through social media. Lozada used and carried firearms in connection with his drug distribution business, again posting video and photos of himself and his associates carrying firearms to social media. Ultimately, Lozada was arrested in an apartment in Woodbridge in possession of cocaine, a scale, packaging material, cash, cell phones, a Glock 9mm pistol with an extended magazine, and ammunition.
“ATF’s primary mission is to protect America’s neighborhoods from violent crime,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. “Consequently, when ATF identifies those gang members who perpetrate violence by trafficking drugs and carrying firearms, make no mistake, we will use all of our resources as demonstrated in this case to bring them to justice and get them off our streets.”
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Michael P. Ben’Ary 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. 1:18-cr-372.
Wheeling woman admits to role in cocaine and heroin distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Tiffany Sells, of Wheeling, West Virginia, has admitted to her role in a cocaine and heroin distribution operation, United States Attorney Bill Powell announced.
Sells, age 38, pled guilty to one count of “Distribution of Cocaine Base within 1,000 feet of a Protected Location.” Sells admitted to selling cocaine near Jensen Playground on Wheeling Island in July 2018.
Sells is facing no less than one and up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The investigation was led by the Ohio County Drug & Violent Crimes Task Force, a HIDTA-funded initiative. The task force is comprised of the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department. Those assisting in the arrests are the United States Marshal Service; Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Martins Ferry, Ohio Police Department; and the Columbus, Ohio Police Department.
U.S. Magistrate Judge James P. Mazzone presided.
Video Gambling Machine Vendor Pleads Guilty to Tax CrimeRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Tom Laugen, 69, of Sun Prairie, Wisconsin, pleaded guilty today in U.S. District Court in Madison, Wisconsin to evading his 2015 federal income taxes.
According to the information filed by the U.S. Attorney’s Office, Laugen owned and operated Global Vending LLC, which operated as a vending company that supplied video gambling machines (VGMs) to Class B alcohol beverage-licensed taverns, restaurants and bowling alleys. The information alleges that Laugen split the cash profits generated by the VGMs with the tavern owners where the machines were placed, with Global typically receiving 25% of the VGM cash profits, and the tavern owners receiving the remaining 75%. The gross receipts from the VGMs were subject to Wisconsin sales tax. The net income from the VGMs were subject to Wisconsin income tax and federal income tax.
At today’s plea hearing, Laugen admitted the he skimmed VGM cash receipts and did not report the skimmed receipts on his state sales tax returns or on his state and federal income tax returns. The total tax loss from the skim, for both state and federal income taxes, and the state sales taxes, totaled $580,220.56 for the years 2010-2017.
The government proffered at today’s hearing that the investigation involved an IRS-CID Special Agent working as an undercover agent and posing as a buyer of a bar listed for sale by Cherie and Dudley Hellenbrand in August 2017. The bar was Middleton Sports Bowl (MSB) in Middleton, Wisconsin. On May 31, 2018, the undercover agent met with the Hellenbrands and Laugen at Middleton Sport Bowl. During that meeting, Laugen told the undercover agent he skimmed the cash receipts from all of his client’s VGMs, including Middleton Sport Bowl, and that he prepared handwritten collection tickets showing much lower numbers for what came in, what came out, and what was the profit. Laugen told the undercover agent he used the handwritten collection tickets to create fake 1099s that were used to report a portion of the VGM cash receipts to the IRS and to the state of Wisconsin.
Laugen also told the undercover agents that he had fake VGM machine-generated tickets created to support the numbers on the handwritten collection tickets in case there was an audit. Laugen explained to the undercover agent that, “you got to steal in this business or you ain’t going to make any money.”
Sentencing is set for October 4, 2019, at 10:30 a.m., before Chief U.S. District Judge James D. Peterson at the U.S. Courthouse in Madison, Wisconsin.
The charges against these defendants are the result of an ongoing investigation being conducted by IRS Criminal Investigation and the Wisconsin Department of Revenue, Office of Criminal Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Daniel Graber and Special Assistant U.S. Attorney Chadwick Elgersma.
Utica Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
UTICA, NEW YORK – James Caruso, age 57, of Utica, pled guilty yesterday to one count of receipt of child pornography and one count of possession of child pornography. The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Caruso admitted that he purchased and received images and videos of child pornography from an overseas website. A search of Caruso’s laptop computer revealed that he possessed 131 videos and 32 images depicting child pornography.
Sentencing is scheduled for November 7, 2019, in Utica.
Caruso faces at least 5 years of imprisonment and up to 20 years of imprisonment on the receipt count and up to 20 years of imprisonment on the possession count. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The Court will also impose a term of supervised release of between 5 years and life, and Caruso will be required to register as a sex offender.
Caruso’s case was investigated by HSI and the New York State Police. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
The case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is 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 https://www.justice.gov/psc.
United States Attorney McSwain Announces Arrest of Lancaster Man on Charges of Abusing Minor Children in KenyaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Gregory Dow, 60, of Lancaster, PA was arrested and charged by Indictment with four counts of engaging in illicit sexual conduct in a foreign place. In a news conference at the Lancaster County Courthouse, U.S. Attorney McSwain discussed the charges in the Dow Indictment and also highlighted broader efforts of the U.S. Attorney’s Office for the Eastern District of Pennsylvania to protect the residents of Lancaster County.
The Indictment alleges that from on or about October 14, 2013, until on or about September 13, 2017, the defendant engaged in, and attempted to engage in, illicit sexual conduct with four different minor victims in Kenya. The defendant allegedly traveled from Lancaster County to Kenya in 2008 and started what came to be known as the Dow Family Children’s Home. He did so with the financial support of his church and other organizations. The defendant purported to be a Christian missionary who would care for these orphans, who called him “Dad.” But instead of being a father figure to them, he allegedly preyed on their youth and their vulnerability. The orphanage closed in September 2017, and the defendant now stands accused of sexually abusing at least four minor girls who lived there during that time.
U.S. Attorney McSwain also discussed recent Lancaster criminal and civil cases handled by his Office, many of which his Office adopted in collaboration with the local authorities who originally investigated the crimes.
The criminal cases include: a knifepoint carjacking in Lancaster by a Harrisburg, PA man, Suudimon Washington; the alleged attempted robbery of Smithgall’s Pharmacy in Lancaster by four men, Lamar Black, Brandon Galette, Andrew Garrett, and Johnny Straining; the alleged arson of Lancaster City Hall by Dwain London and Patrick Baker; and the alleged illegal possession of a stockpile of 27 firearms and ammunition by a convicted felon living in Lancaster, Tyshaun Williams.
The civil cases include: a civil action against Miller’s Organic Farm of Bird-in-Hand, PA to compel the owner to comply with the federal government’s basic food safety laws and regulations, and a settlement agreement with Lancaster General Hospital’s Division of Maternal Fetal Medicine resolving allegations of false claims submitted to Medicare for reports on obstetric ultrasounds that were significantly delayed.
“All of these cases tell a story about my Office working to bring justice to every corner of our District – from Philadelphia, to the Lehigh Valley, to right here in Lancaster,” said U.S. Attorney McSwain. “I am committed to bringing the resources of my Office here to help ensure that the people of Lancaster can live in safety and security. We will hold lawbreakers accountable using all of the tools at our disposal.”
The Dow case was brought as 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. 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 Dow case was investigated by the Federal Bureau of Investigation, with assistance from the Lancaster City Bureau of Police and the East Hempfield Township Police Department. It is being prosecuted by Assistant United States Attorney Timothy Stengel of the Eastern District of Pennsylvania and Department of Justice Trial Attorneys Lauren Britsch and Lauren Kupersmith of the Child Exploitation and Obscenity Section (CEOS).
An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Extradites Former Colombian Minister of Agriculture Convicted of Embezzlement and Illegal Government ContractingRead the Press Release
The United States today extradited Andres Felipe Arias Leiva, who served as Colombia’s Minister of Agriculture and Rural Development from 2005 to 2009, to face a prison sentence in that country based on a 2014 conviction by the Supreme Court of Colombia for two offenses committed while Arias served in public office.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Assistant Attorney General Brian A. Benczkowski of the U.S. Department of Justice’s Criminal Division made the announcement.
“Assistant U.S. Attorneys for the Southern District of Florida, alongside attorneys for the Department’s Office of International Affairs, have worked hard to ensure that former Colombian government official Andres Arias would be extradited back to his home country to serve a sentence imposed by that nation’s highest court,” said U.S. Attorney Fajardo Orshan. “We are grateful to the dedication of Assistant U.S. Attorney Robert J. Emery and Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs of the U.S. Department of Justice for their work in making this possible. Our Office is committed to upholding the rule of law and ensuring that justice is appropriately carried out for all parties.”
“Andres Arias’s extradition is a testament to the United States’ commitment to our extradition treaty obligations and the strength of our law enforcement partnership with Colombia,” said Assistant Attorney General Benczkowski. “I thank the team from the Office of International Affairs and the U.S. Attorney’s Office for the Southern District of Florida for their tireless, years-long efforts to ensure that Arias serves his prison sentence in Colombia.”
Arias, a citizen of Colombia who entered the United States in 2014 and was residing in Weston, Florida, was convicted on July 16, 2014, by the Criminal Cassation Division of the Supreme Court of Colombia on two offenses, Embezzlement for Third Parties, in violation of Article 397 of the Colombian Criminal Code, and Conclusion of Contract Without Fulfilling Legal Requirements, in violation of Article 410 of the same code. Arias was present and represented by counsel at his trial in Colombia, and following his conviction, the Colombian court sentenced him to serve 209 months in prison. As detailed in the 193-page decision issued by the Supreme Court of Colombia, Arias’s criminal conduct related to the diversion of funds within the Colombian government’s Argo Ingreso Seguro program, which he was responsible for implementing during his term as Minister of Agriculture and Rural Development, a cabinet-level position in Colombia’s executive branch, from 2005 to 2009.
The United States acted on a request for Arias’s extradition submitted by the Republic of Colombia, which Arias vigorously contested in both the Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. On Sept. 28, 2017, a U.S. magistrate judge in the Southern District of Florida ruled that Arias could be extradited to Colombia to serve the sentence based on his conviction. Arias then filed a petition for a writ of habeas corpus, which the district court for the Southern District of Florida denied on Oct. 5, 2018. Arias appealed that decision to the Eleventh Circuit. Following extensive briefing and argument, the litigation culminated on July 8, 2019, when the court of appeals rejected Arias’s arguments against extradition. Consistent with the views of the U.S. Department of State and 40 years of extradition practice between the United States and Colombia, the court of appeals affirmed that the extradition treaty between the two countries remains in full force and effect.
Following a thorough review of Arias’s case, the Department of State issued a warrant ordering Arias’s surrender to Colombian authorities. Today, the U.S. Marshals Service executed that warrant, transported Arias to Colombia, and delivered him to the custody of Colombian authorities. Arias’s extradition is now complete.
The extradition proceedings and subsequent appellate litigation were handled by Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs, and Assistant U.S. Attorneys Robert J. Emery and Emily M. Smachetti of the Southern District of Florida with the support of myriad attorneys and international affairs specialists in the Office of International Affairs of the Department’s Criminal Division.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
U.S. Extradites Former Colombian Minister of Agriculture Convicted of Embezzlement and Illegal Government ContractingRead the Press Release
The United States today extradited Andres Felipe Arias Leiva, who served as Colombia’s Minister of Agriculture and Rural Development from 2005 to 2009, to face a prison sentence in that country based on a 2014 conviction by the Supreme Court of Colombia for two offenses committed while Arias served in public office.
Assistant Attorney General Brian A. Benczkowski of the U.S. Department of Justice’s Criminal Division and U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida made the announcement.
“Andres Arias’s extradition is a testament to the United States’ commitment to our extradition treaty obligations and the strength of our law enforcement partnership with Colombia,” said Assistant Attorney General Benczkowski. “I thank the team from the Office of International Affairs and the U.S. Attorney’s Office for the Southern District of Florida for their tireless, years-long efforts to ensure that Arias serves his prison sentence in Colombia.”
“Assistant U.S. Attorneys for the Southern District of Florida, alongside attorneys for the Department’s Office of International Affairs, have worked hard to ensure that former Colombian government official Andres Arias would be extradited back to his home country to serve a sentence imposed by that nation’s highest court,” said U.S. Attorney Fajardo Orshan. “We are grateful to the dedication of Assistant U.S. Attorney Robert J. Emery and Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs of the U.S. Department of Justice for their work in making this possible. Our Office is committed to upholding the rule of law and ensuring that justice is appropriately carried out for all parties.”
Arias, a citizen of Colombia who entered the United States in 2014 and was residing in Weston, Florida, was convicted on July 16, 2014, by the Criminal Cassation Division of the Supreme Court of Colombia on two offenses, Embezzlement for Third Parties, in violation of Article 397 of the Colombian Criminal Code, and Conclusion of Contract Without Fulfilling Legal Requirements, in violation of Article 410 of the same code. Arias was present and represented by counsel at his trial in Colombia, and following his conviction, the Colombian court sentenced him to serve 209 months in prison. As detailed in the 193-page decision issued by the Supreme Court of Colombia, Arias’s criminal conduct related to the diversion of funds within the Colombian government’s Argo Ingreso Seguro program, which he was responsible for implementing during his term as Minister of Agriculture and Rural Development, a cabinet-level position in Colombia’s executive branch, from 2005 to 2009.
The United States acted on a request for Arias’s extradition submitted by the Republic of Colombia, which Arias vigorously contested in both the Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. On Sept. 28, 2017, a U.S. magistrate judge in the Southern District of Florida ruled that Arias could be extradited to Colombia to serve the sentence based on his conviction. Arias then filed a petition for a writ of habeas corpus, which the district court for the Southern District of Florida denied on Oct. 5, 2018. Arias appealed that decision to the Eleventh Circuit. Following extensive briefing and argument, the litigation culminated on July 8, 2019, when the court of appeals rejected Arias’s arguments against extradition. Consistent with the views of the U.S. Department of State and 40 years of extradition practice between the United States and Colombia, the court of appeals affirmed that the extradition treaty between the two countries remains in full force and effect.
Following a thorough review of Arias’s case, the Department of State issued a warrant ordering Arias’s surrender to Colombian authorities. Today, the U.S. Marshals Service executed that warrant, transported Arias to Colombia, and delivered him to the custody of Colombian authorities. Arias’s extradition is now complete.
The extradition proceedings and subsequent appellate litigation were handled by Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski of the Criminal Division’s Office of International Affairs, and Assistant U.S. Attorneys Robert J. Emery and Emily M. Smachetti of the Southern District of Florida with the support of myriad attorneys and international affairs specialists in the Office of International Affairs of the Department’s Criminal Division.
Two Men Sentenced to Life in Prison for 1997 Double Murder in the BronxRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that ROBERT ACOSTA and JOSE DIAZ were sentenced in Manhattan federal court today. Both men were sentenced to life in prison for their roles in the December 22, 1997, murders for hire of Alex Ventura, 25, and Aneudis Almonte, 20, in the Bronx, New York. The defendants were convicted following a three-week trial before U.S. District Judge P. Kevin Castel, who imposed today’s sentences.
U.S. Attorney Geoffrey S. Berman said: “As the jury found, Acosta and Diaz committed two brutal murders in the Bronx more than 20 years ago. As a result of the skill and determination of our law enforcement partners, the defendants will now spend the rest of their lives behind bars for their horrible crimes.”
According to the evidence presented during the trial:
In the 1990’s, ROBERT ACOSTA was the leader of a large-scale drug trafficking organization that distributed hundreds of kilograms of cocaine out of several buildings in northern Manhattan. In the summer of 1997, the murder victims stole drug money from ACOSTA. To retaliate, ACOSTA hired JOSE DIAZ to kill both men.
On December 22, 1997, DIAZ and a co-conspirator (“CC-1”) lured the victims to an apartment building in the Bronx, ambushed them in a stairwell, and murdered them both. CC-1 stabbed Almonte six times, including once in the chest. DIAZ shot Ventura in the head from point-blank range. In exchange for these murders, ACOSTA paid DIAZ approximately $12,000.
* * *
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation, the New York Police Department, and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Laurie A. Korenbaum, Michael K. Krouse, and Nicholas W. Chiuchiolo are in charge of the prosecution.
Two Men Indicted in South Philadelphia Home Invasion Robbery of Restaurant Owners’ $1M Life Savings, Assault of Teenage DaughterRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that defendants Khaiyri Burgess, 20, and Shaquan Johnson, 20, both of Philadelphia, PA, were charged by Indictment today with Hobbs Act robbery and using, carrying and brandishing a firearm during commission of that crime.
On August 8, 2018, the defendants and a third accomplice victimized a 17-year-old girl in her Italian Market home while stealing approximately $1 million in U.S. currency and jewelry owned by her parents. Specifically, at midnight, while she lay sleeping, the men entered her bedroom, pulled her from her bed, and struck her several times. They then held her at gunpoint and robbed her family of their life savings—the proceeds of their restaurant business a block-and-a-half away on Washington Avenue in South Philadelphia.
“As alleged in the Indictment, the complete disregard that these defendants had for the safety of others, especially for a child, is appalling,” said U.S. Attorney McSwain. “No one should need to worry about having their home robbed, their child dragged out of bed and pistol whipped, and their life savings stolen. This Indictment is an example of how my Office is working to get dangerous criminals off the streets of Philadelphia.”
“ATF’s primary mission is to reduce violent crime and protect the citizens of our communities,” said Special Agent in Charge Donald Robinson. “This indictment is a perfect example of our long-standing working relationships with the Philadelphia Police Department and US Attorney’s Office to aggressively address violent crime and to hold those responsible accountable.”
"The arrests of Khaiyri Burgess and Shaquan Johnson, and the investigation which led to them, are evidence of the merits of strong and consistent inter-agency collaborations,” said Philadelphia Police Commissioner Richard Ross. "Project Safe Neighborhoods promotes, and provides a platform for, these multi-tiered collaborative efforts. With these arrests, two dangerous offenders will be removed from the communities which they have victimized. We anticipate that arrests like these will continue to have an appreciable impact on the safety of our city's residents and visitors."
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, to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit our website.
If convicted, each defendant faces a maximum possible sentence of life imprisonment, a mandatory minimum 7 years’ imprisonment consecutive to any other sentence of imprisonment imposed; up to 5 years’ supervised release; a $500,000 fine; and a $200 special assessment. They will also be required to forfeit the proceeds of their offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Jeanine Linehan and Sarah Damiani.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Twenty-two Individuals Facing Federal Charges following Violence Reduction Partnership Investigation into Gang Violence in Miami GardensRead the Press Release
After a lengthy investigation into the criminal conduct of various street gangs operating in and around Miami Gardens, Florida, a federal grand jury indicted 22 people in Miami on charges that include drug trafficking, armed drug trafficking, dealing in firearms, and firearm possession by convicted felons. Some of the defendants are members and known associates of the Zone 3 gang, a Miami Gardens based gang.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, George L. Piro, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Miami Field Office, Delma Noel-Pratt, Chief of the City of Miami Gardens Police Department, and Gadyaces S. Serralta, U.S. Marshal for the U.S. Marshals Service (USMS) Miami Field Office, made the announcement.
Today’s operation involved approximately 200 federal and local law enforcement officers. During the course of the operation, law enforcement officers arrested 17 of the 22 indicted defendants and seized over 40 firearms, approximately 220 rounds of assorted ammunition, cash, cocaine, crack, heroin, fentanyl, Alprazolam, marijuana, other drugs, and drug paraphernalia.
“As demonstrated by these charges and the arrests this morning, our commitment to combatting violent crime and drug trafficking in the City of Miami Gardens is unrelenting,” said U.S. Attorney Ariana Fajardo Orshan. “Thanks to the collaboration of federal and local law enforcement, the armed sale of drugs and firearms by these Zone 3 gang members and associates in the City of Miami Gardens has come to an end. We will continue to use all the tools at our disposal to combat violence, drug distribution, and the illegal sale and possession of firearms to ensure safety in our communities.”
“Today is truly a good day for our community, parts of which that have been terrorized by this group of violent individuals who have long-created chaos within the City of Miami Gardens. I am proud of our partnerships to include the Miami Gardens Police Department. This collaboration has led to the seizure of considerable evidence against this group to include more than 40 firearms,” said Special Agent in Charge Ari Shapira, ATF, Miami Field Division. As we all know, even one firearm in the wrong hands can destroy countless lives. This investigation proves that collaboration works, and demonstrates our commitment to combat gun violence and improve the communities of South Florida. We all want our communities in South Florida to be filled with the sounds of happy children playing outside, not the noise of stray gunfire that strikes fear in the hearts of parents. The people in Miami Gardens deserve no less.”
“Drug dealing and violent crime associated with gang activity have an insidious impact on our communities. They take a toll on our citizens through street violence, increased law breaking, and addiction. The vicious armed gangs pushing this poison into the streets tear apart the fabric of our communities,” said Scott A. Rottman, Assistant Special Agent in Charge, FBI Miami. “It is a complex problem that requires effective partnerships between law enforcement agencies at the local, state and federal level. Our combined efforts aim to disrupt and dismantle the criminal organizations involved in the illegal drug trade. Removing drug traffickers and violent gang members from the streets means they can no longer threaten the health and safety of our communities. We will continue to target these criminal organizations and their violent activities to ensure they are held responsible for the harm they cause.”
“I’m extremely proud of the hard work and dedication of my lead detectives, as well as other departmental personnel. As a result of the strong partnerships that have been established with our federal, state and local partners, we are able to bring this case to a successful conclusion, said Miami Gardens Police Department Chief Delma Noel-Pratt. “This case reaffirms the Miami Gardens Police Department’s commitment to building a safer community.”
“Today, in Miami Gardens, the strong partnership between police officers and federal agents resulted in a successful operation that makes the City of Miami Gardens safer,” said Chief Deputy Darin D. Cooper for the U.S. Marshals Service. “We remain committed to combatting violent crime.”
“Today is a win for residents of Miami Gardens, South Florida, as well as the many law enforcement agencies that worked together to say collectively, we will not tolerate crimes of any nature,” says Mayor Oliver Gilbert. “We are thankful to everyone involved in this operation and for the collaboration with agencies like the ATF, FBI and DOJ who provided access to expanded resources during the course of this investigation. Our combined efforts and activities have resulted in dangerous individuals, drugs, and illegal guns being taken off our streets.”
THE INDICTMENTS:
(1) United States of America v. Ernest Renard Smith, et al., Case No. 19-20415-CR-Gayles/Otazo-Reyes.
The first indictment, containing 21 counts, names: Ernest Renard Smith (“E. Smith”), 35; Ernest Smith, Jr. (“E. Smith Jr.”), 62; Thaddeus Auguast Smith, Jr. (“T. Smith”), 28; Denico Lynden Dudley McSweeney (“McSweeney”), 30; and Ivan Lewis Harris (“Harris”), 38, all of Miami Gardens. According to the indictment, from at least as early as May 2018, and continuing through January 29, 2019, the defendants engaged in a conspiracy to possess with intent to distribute heroin, crack cocaine, marijuana, and ecstasy. E. Smith, E. Smith Jr., T. Smith, and Harris each face up to 20 years in prison if convicted on the conspiracy count. McSweeney faces up to 40 years in prison if convicted on the conspiracy count.
The first indictment also charges E. Smith with seven counts of possession with intent to distribute a controlled substance, such as heroin, crack cocaine, and/or fentanyl, three counts of dealing in firearms and ammunition, one count of possession of a firearm in furtherance of a drug trafficking crime, and three counts of being a felon in possession. If convicted on all counts, E. Smith faces up to 20 years in prison on each count of possession with intent to distribute charge, five years in prison on each count of the dealing in firearms and ammunition charge, life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five year mandatory minimum term in prison on this charge, and 10 years in prison on each felon in possession charge.
The first indictment also charges T. Smith with possession with intent to distribute a heroin. If convicted on this count, T. Smith faces up to 10 years in prison.
The first indictment also charges McSweeney with three counts of dealing in firearms and ammunition and four counts of possession with intent to distribute heroin. If convicted on all counts, McSweeney faces up to five years in prison on each dealing in firearms charge, and 20 years in prison on each possession with intent to distribute charge.
(2) United States of America v. Sonya Anita Spivey, et al., Case No. 19-20417-Altonaga/Goodman.
The second indictment, containing 10 counts, names: Sonya Anita Spivey (“S. Spivey”), 49, of Miami Gardens; Jacqueline Renee Spivey (“J. Spivey”), 53, of Miami Gardens; Janie Spivey Bryant (“J. Bryant”), 68, of Miami Gardens; Charlie Billy Herman Taylor (“Taylor”), 25, of Miami Gardens; Keno Reuben Teveris Burton (“Burton”), 31, of Miami Gardens; Tekieya Nicole Aldridge (“Aldridge”), 41, of Opa Locka; and Alton Claude Hammonds (“Hammonds”), 38, of Miami. According to the indictment, from at least as early as August 2018, and continuing through April 11, 2019, the defendants engaged in a conspiracy to possess with intent to distribute N-Ethypentylone, Alprazolam, cocaine, crack cocaine, eutylone, and ecstasy. The defendants face up to 20 years in prison if convicted on the conspiracy count.
The second indictment also charges S. Spivey with seven counts of possession with intent to distribute a controlled substance, such as, N-Ethypentylone, cocaine, Alprazolam, eutylone, and marijuana. If convicted on all counts, S. Spivey faces up to 5 years in prison for the possession with intent to distribute Alprazolam count and 20 years on each remaining possession with intent to distribute charge.
The second indictment also charges J. Spivey with possession with intent to distribute a controlled substance, such as fentanyl, eutylone, and marijuana. If convicted on this count, J. Spivey faces up to 20 years in prison.
The second indictment also charges J. Bryant with possession with intent to distribute a controlled substance, such as fentanyl, eutylone, and marijuana. If convicted on this count, J. Bryant faces up to 20 years in prison.
The second indictment also charges Taylor with possession with intent to distribute Alprazolam and possession of a firearm in furtherance of a drug trafficking crime. If convicted on both counts, Taylor faces up to five years in prison on the possession with intent to distribute count and life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five year mandatory minimum term in prison on this charge.
The second indictment also charges Burton with possession with intent to distribute a controlled substance, such as cocaine, eutylone, Alprazolam, and marijuana, and possession of a firearm in furtherance of a drug trafficking crime. If convicted on all counts, Burton faces up to 20 years in prison on the possession with intent to distribute count and life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five-year mandatory minimum term in prison on this charge.
(3) United States of America v. Michael Anthony Hardaway, et al., Case No. 29-20416-CR-Williams/Torres.
The third indictment, containing eight counts, names: Michael Anthony Hardaway, Jr. (“Hardaway”), 42; Clementa Leaford Johnson, Jr. (“Johnson”), 42; Eric Ransom (“Ransom”), 49; Erin Meil Williams (“Williams”), 39; and James Earl Cammon (“Cammon”), 40, all of Miami Gardens. According to the indictment, from at least as early as October 2018, and continuing through April 11, 2019, the defendants engaged in a conspiracy to possess with intent to distribute eutylone, heroin, fentanyl, cocaine, crack cocaine, ecstasy, Percocet, and marijuana. The defendants face up to 20 years in prison if convicted on the conspiracy count.
The third indictment also charges Hardaway with four counts of possession with intent to distribute a controlled substance, such as heroin, fentanyl, and crack cocaine. If convicted on all counts, Hardaway faces up to 20 years in prison on each count.
The third indictment also charges Williams with possession with intent to distribute a controlled substance, such as marijuana, crack cocaine, cocaine, eutylone, and heroin, and possession of a firearm in furtherance of a drug trafficking crime. If convicted on all counts, Williams faces up to 20 years in prison on each possession with intent to distribute charge and life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five-year mandatory minimum term in prison on this charge.
The third indictment also charges Cammon with possession with intent to distribute a controlled substance, such as marijuana, crack cocaine, cocaine, eutylone, and heroin, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. If convicted on all counts, Cammon faces up to 20 years in prison on each possession with intent to distribute charge, life imprisonment on the possession of a firearm in furtherance of a drug trafficking charge with a five-year mandatory minimum term in prison on this charge, and 10 years in prison on the felon in possession charge.
(4) United States of America v. Dana De Von Smith, Case No. 19-20420-CR-King/Becerra.
The fourth indictment charges Dana De Von Smith (“D. Smith”), 49, of Miami Gardens, with two counts of possession with intent to distribute cocaine. If convicted on both counts, D. Smith faces up to 20 years in prison on each count.
(5) United States of America v. Theothis Rogers, Case No. 19-20419-CR-Gayles/Otazo-Reyes.
The fifth indictment charges Theothis Rogers (“Rogers”), 37, of Miami Gardens, with two counts of possession with intent to distribute N-Ethylpentylone. If convicted on both counts, Rogers faces up to 20 years in prison on each count.
(6) United States of America v. Jason Adam Dulman, Case No. 19-20422-CR-Bloom/Louis.
The sixth indictment charges Jason Adam Dulman (“Dulman”), 40, of Dania Beach, with possession with intent to distribute heroin and use of communications facility. If convicted on both counts, Dulman faces up to 20 years in prison on the possession with intent to distribute charge and four years in prison on the use of communications charge.
(7) United States of America v. Anthony Maurice Smith, Case No. 19-20418-CR-Ungaro/O’Sullivan.
The seventh indictment charges Anthony Maurice Smith (“A. Smith”), 29, of Miami Gardens, with possession with intent to distribute cocaine. If convicted, A. Smith faces up to 20 years in prison.
(8) United States of America v. Steven Alcime, Case No. 19-20421-CR-Scola/Torres
The eighth indictment charges Steven Alcime (“Alcime”), 30, of Miami, with dealing in firearms and being a felon in possession. If convicted on both counts, Alcime faces up to five years in prison on the firearms charge and 10 years in prison on the felon in possession charge.
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 defendants.
Through the collaborative Southern District of Florida’s Violence Reduction Partnership (“VRP”), the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities throughout the Southern District of Florida. Through these Partnerships, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities in Miami-Dade, Broward and Palm Beach Counties. The VRP strives to combat violent crime, narcotics trafficking, gang activity and firearms offenses by prosecuting offenders and working with community leaders and non-profit entities to provide preventive services to the local populations. The charges announced today are the result of the VRP’s law enforcement initiatives. Additional information regarding the VRP initiatives is available at [email protected] (link sends e-mail) or by calling (305) 961-9134.
The members of the VRP who participated or assisted in this investigation include the United States Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Field Office, Federal Bureau of Investigation, United States Marshals Service Fugitive Task Force, Miami Gardens Police Department, Miami-Dade Police Department, Miami Field Office, Miami-Dade Police Department.
This investigation, Operation End Zone, is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
U.S. Attorney Fajardo Orshan commended the FBI, ATF, City of Miami Gardens Police Department, and USMS for their dedicated efforts to combat violent crime and drug trafficking in South Florida. She thanked the Miami-Dade Police Department for their assistance. These cases are being prosecuted by Assistant U.S. Attorneys Rilwan Adeduntan and Stephanie Hauser. Assistant U.S. Attorney William Zloch is handling the forfeiture aspects of this case.
An indictment is a charging instrument containing allegations. Every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Treasure Coast Corporation and Corporate Officers Charged with Conspiring to Conceal and Harbor Aliens for the Purpose of Commercial AdvantageRead the Press Release
Tentlogix, Inc., a Florida corporation headquartered in Fort Piece, Florida and three of its corporate officers, Gary Hendry, Dennis Birdsall and Kent Hughes of Martin County, have been charged by indictment with conspiring to conceal and harbor aliens for the purpose of commercial advantage. Hendry and Birdsall are also charged with making false statements to a federal agency.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge for U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
According to the indictment, beginning as early as January 2016, and continuing through March 2018, TentLogix, Hendry, and Birdsall recruited and employed aliens to work for TentLogix knowing and in reckless disregard of the fact that many of the aliens had entered and remained in the United States unlawfully, and were not authorized to work in the United States (Case No. 19-14035-CR-ROSENBERG/MAYNARD). During the course of the conspiracy, a large portion of TentLogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States. While TentLogix was being investigated by HSI, Hendry, Birdsall, and Hughes devised a scheme to “transfer” the aliens employed by TentLogix to KH Services, LLC, a company owned by Hughes, so that they no longer appeared on TentLogix’s payroll. Hughes formed KH Services, LLC for the sole purpose of concealing, harboring, and shielding the aliens employed by TentLogix from HSI’s investigation. Birdsall directed wire transfers to be sent from TentLogix’s bank account to KH Services, LLC’s bank account on a bi-weekly basis to cover the payroll expenses for the aliens who worked for TentLogix but were purportedly employed by KH Services, LLC. Between May 2017 and March 2018, TentLogix transferred over $3,000,000 to KH Services, LLC in 23 separate wire transfers for the express purpose of paying aliens employed by TentLogix who were not authorized to work in the United States.
The indictment further alleges that in 2016, TentLogix generated more than $21,000,000 in gross receipts and $10,000,000 in gross profit from its business operations. In 2017, Tentlogix allegedly generated more than $36,000,000 in gross receipts and $14,000,000 in gross profit from its business operations. During the course of the conspiracy, a large portion of Tentlogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States.
If convicted of the conspiracy charge, Hendry, Birdsall, and Hughes face up to 10 years in prison and a maximum fine of $250,000 or twice the loss or twice the gain caused by the offense. TentLogix faces a maximum fine of $500,000 or twice the loss or twice the gain caused by the offense. If convicted of making false statements to a federal agency, Hendry and Birdsall face up to 5 years in prison and a maximum fine of $250,000 or twice the loss or twice the gain caused by the offense.
An indictment merely contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI in this matter. This case is being prosecuted by Assistant U.S. Attorney Michael D. Porter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Three Bronx Men Charged with 2014 MurderRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced a superseding indictment charging THERYN JONES, a/k/a “Ty,” a/k/a “Old Man Ty,” a/k/a “Tyballa,” 42, GYANCARLOS ESPINAL, a/k/a “Fatboy,” a/k/a “Slime,” 25, and ARIUS HOPKINS, a/k/a “Scrappy,” a/k/a “Scrap,” 25, with the January 2, 2014, murder of Shaquille Malcolm, 20. JONES was arraigned on the superseding indictment yesterday. ESPINAL and HOPKINS were previously arraigned on the charges. The case is assigned to United States District Judge Lewis A. Kaplan.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the superseding indictment, the defendants are responsible for the murder of 20-year-old Shaquille Malcolm. Now, thanks to the outstanding work of our partners at the NYPD, the defendants have been charged with this terrible crime.”
NYPD Commissioner James P. O’Neill said: “The ability of investigators to bring about justice for Shaquille Malcolm and closure to his family is paramount. The identification and arrest of the suspects in this case was a team effort that is the result of the cooperation that exists between the NYPD and our law-enforcement partners. I thank and commend the NYPD investigators and the prosecutors for the Southern District of New York for their work in this investigation.”
According to the Superseding Indictment[1]:
In 2013 and 2014, JONES, ESPINAL, and HOPKINS were involved in the distribution of crack cocaine and heroin in the Allerton section of the Bronx. Because Malcolm and others were encroaching on JONES’s drug territory, and because Malcolm had previously assaulted ESPINAL, JONES and ESPINAL paid HOPKINS and another person (“CC-1”) to murder Malcolm. On January 2, 2014, HOPKINS and CC-1 shot Shaquille Malcolm multiple times in the stairwell of an apartment building located at 2818 Bronx Park East in the Bronx, New York. Malcolm died at the scene.
* * *
The Superseding Indictment charges the defendants in three counts: using a firearm to commit murder in furtherance of a drug trafficking crime and aiding and abetting the same (Count One); murder while engaged in a conspiracy to distribute 280 grams and more of crack cocaine and aiding and abetting the same (Count Two); and conspiring to commit murder for hire (Count Three). All three defendants face a maximum sentence of life in prison or death. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael K. Krouse and Danielle R. Sassoon are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Sulphur resident sentenced to 3 years in prison for illegally possessing a shotgun and pistolRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that a Sulphur, Louisiana, man was sentenced Thursday by U.S. District Judge James D. Cain Jr. to 37 months in prison and five years of supervised release for illegally possessing a shotgun and pistol. James Bergeron, 29, previously pleaded guilty for possession of a firearm and ammunition by a convicted felon on April 11, 2019.
According to information presented in court, law enforcement officers executed a search warrant on October 19, 2018 at Bergeron’s Sulphur residence where they found a Browning 12-gauge shotgun and a Ruger .380-caliber semi-automatic pistol. Bergeron, a convicted felon, was present at the time of the search and admitted to ownership and use of the firearms.
He was convicted in federal court in the Eastern District of Texas on September 26, 2013, for bank robbery and in the 14th Judicial District Court, Calcasieu Parish, on August 25, 2017, for possession of methamphetamine. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition.
The ATF, Lake Charles Police Department and Calcasieu Parish Sheriff’s Office conducted the investigation. Supervisory Assistant U.S. Attorney Myers P. Namie prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for reductions in crime.
Stratford Man Sentenced to Prison for Illegally Purchasing Firearm at Newington Gun StoreRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that TYMON PETERSON, 29, of Stratford, was sentenced yesterday by U.S. District Judge Janet C. Hall in New Haven to two months of imprisonment, followed by three years of supervised release, for his role in an illegal firearm purchase at a Newington gun store. Judge Hall also ordered Peterson to serve the first four months of his supervised release in home confinement, and to pay an $1,800 fine.
According to court documents and statements made in court, in August and September 2017, Jamal Weir and Tymon Peterson texted one another about purchasing firearms. Peterson possessed a valid pistol permit and was able to purchase firearms legally, but Weir, as a convicted felon, is prohibited from possessing firearms. On September 22, 2017, Weir and Peterson travelled together to Hoffman’s Gun Center in Newington. At the store, Weir provided Peterson with cash to purchase at least one firearm on his behalf. On that date, Peterson filled out an ATF Form 4473 in which he falsely represented that he was the actual purchaser of a SCCY Model CPX-2, 9mm semi-automatic pistol, and that he was not acquiring the firearm for another person. Peterson gave the pistol to Weir after they exited the store.
Weir’s criminal history includes state convictions for illegal possession of a weapon in a motor vehicle, possession of narcotics with intent to sell, and carrying a pistol without a permit.
Peterson was arrested on a federal criminal complaint on January 1, 2018. On December 14, 2018, he pleaded guilty to one count of making a false statement during the purchase of a firearm.
On December 6, 2018, Weir pleaded guilty to one count of possession of a firearm by a convicted felon. On May 29, 2019, Judge Hall sentenced him to 21 months of imprisonment.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the Connecticut State Police, the Newington Police Department and Hoffman’s Gun Center. The case was prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Margaret E. Maigret.
This prosecution 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 neighborhoods safer for everyone.
St. Louis County Man Pleads Guilty to Mail and Wire Fraud ChargesRead the Press Release
St. Louis, MO – Anas Alshurafa, 50, of St. Louis County, pleaded guilty to one count of mail fraud and three counts of wire fraud this morning before Chief Judge Rodney Sippel in St. Louis. Judge Sippel accepted Alshurafa’s plea and deferred sentencing until October 4, 2019.
According to his plea agreement, in April 2017, investigators received information that the operator of Autoway Car Sales, Anas Alshurafa, and its owner, Wasim Charfa, were fraudulently obtaining motor vehicle loans.
The investigation revealed that Alshurafa submitted fraudulent loan applications with counterfeit supporting documents and stolen identifying information to various credit issuers that operated in interstate commerce. The documents were presented to the credit issuers by mail and through interstate wires.
When an audit of the submitted documents revealed numerous inconsistencies, Alshurafa falsely claimed that an employee presented the documentation without his knowledge. To bolster his story, Alshurafa emailed the credit issuer’s representative a forged letter of admission from an individual who was not associated with his business. He also sent the credit issuer a counterfeit driver’s license bearing the identifying information of that individual, but the photograph of another person.
Despite the execution of a search warrant by state and federal investigators in May 2017, and the seizure of his vehicles by the City of Pagedale, Missouri Police Department, Alshurafa electronically transmitted a fraudulent loan application using the identifying information of a past customer in order to secure funding from one of his credit issuers. On June 7, 2017, Alshurafa used the identifying information and previously submitted loan verification documentation of J.L.G. to obtain a loan for which Autoway Car Sales received a commission of $6,878.83 for the loan financing they obtained.
A forensic examination of computers seized during the execution of a search warrant on May 31, 2017 revealed templates of counterfeit bank statements in electronic folders bearing defendant’s name.
The government estimated that the defendant’s scheme caused losses to the victims of more than $250,000 between January 1, 2016 and December 20, 2017.
Wire fraud and mail fraud carries a maximum penalty of 20 years imprisonment for each count and a fine of $250,000 or both. Restitution to the victims is also mandatory.
The case was investigated by the investigated by the Missouri DOR – Compliance and Investigation Bureau, the United States Postal Inspection Service, the Federal Bureau of Investigation. The agencies were assisted by the Pagedale Police Department. Tracy Berry is handling the case for the U.S. Attorney’s Office.
St. Francis Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 9, 2019, by U.S. District Judge Roberto A. Lange.
Marti Rosalie Whirlwind Soldier, age 23, was sentenced to 50 months in federal prison, followed by 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Whirlwind Soldier was indicted by a federal grand jury on December 11, 2018. She pled guilty on April 30, 2019.
The conviction stemmed from a drug conspiracy that occurred beginning no later than October 15, 2018, and continuing to November 2, 2018, in which Whirlwind Soldier knowingly and intentionally conspired with her co-defendants to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. At the time of her arrest, law enforcement recovered a firearm, 256 grams of methamphetamine, scales, baggies and other drug trafficking items.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Whirlwind Soldier was immediately turned over to the custody of the U.S. Marshals Service.