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12 July 2019
Springfield Man Indicted on Extortion ChargeRead the Press Release
BOSTON – A Springfield man was indicted yesterday by a federal grand jury in Springfield on the charge of extortion.
Anthony J. Scibelli, 51, was indicted on one count of collecting on an extension of credit by extortionate means. Scibelli was originally charged by criminal complaint on July 2, 2019.
According to the charging documents, in 2019, Scibelli collected on a line of credit that had been extended to a victim. It is alleged that on June 19, 2019, Scibelli threatened and beat the victim for failing to make the monthly $1300 payment. The beating occurred in front of four plain clothed members of law enforcement. During the beating, Scibelli allegedly threatened that the victim must have all the money “on the first,” referring to the 1st of the month.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office and Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
South Carolina Coupled Indicted in Scheme Involving Conspiracy and False Statements to Illegally Obtain a U.S. PassportRead the Press Release
WASHINGTON – A South Carolina couple was indicted today on charges stemming from their conspiracy to obtain a U.S. passport by falsely claiming they were the parents of a baby from the Philippines and by using false records to apply for a U.S. passport for the baby, announced Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Sherri A. Lydon of the District of South Carolina.
The indictment alleges that in 2014, Gerald Vincent Locker Jr., 46, a former member of the United States Marine Corps, and Stephanie Jean Locker, 24, both of Huger, South Carolina, were stationed in Japan. While in Japan, the couple attempted to circumvent legal adoption processes by asserting that a baby from the Philippines was their own natural born child. Presenting a number of falsified documents to a U.S. Consular Officer, Stephanie Jean Locker applied for a Consular Report of Birth Abroad and in support of her application for a passport for the child, falsely attested that while in the Philippines on vacation, she learned she was pregnant five days before the baby was born.
The matter was presented to the Grand Jury on July 10, 2019. The indictment was returned on July 11, 2019, charging both defendants with one count of conspiracy and Stephanie Jean Locker with one count of making false statements in an application for a passport.
The charges and allegations in the indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
The Naval Criminal Investigative Service is investigating this case. Trial Attorneys Danielle Hickman and Christian Levesque of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dean Secor of the District of South Carolina are prosecuting the case.
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Serial Bank Robber Sentenced to Lengthy Prison TermRead the Press Release
ALBANY – A Florida man who robbed the Peoples South Bank in Albany, Georgia in 2016 was sentenced to 78 months in prison for his crime, the upper range calculated under the federal sentencing guidelines, announced U.S. Attorney Charles “Charlie” Peeler. Avery Williams, 38, of Quincy, Florida, was sentenced on Thursday, July 11, 2019 by U.S. District Judge W. Louis Sands in Albany, Georgia. Mr. Williams is currently serving time in a Florida prison on a prior bank robbery conviction, and his federal sentence will run concurrently. There is no parole in the federal system.
According to facts in the signed plea agreement, Mr. Williams admitted that he robbed the Peoples South Bank at 701 N. Westover Boulevard in Albany on September 9, 2016. Mr. Williams was recorded on security video walking into the bank and passing a demand note to the teller. The defendant escaped with cash. Following the robbery, agents were able to quickly determine that the suspect was likely the same person responsible for a robbery a month earlier in Dothan, Alabama, on August 18, 2016. Eight months after the Albany bank robbery, Mr. Williams was arrested on May 3, 2017 for a bank robbery in Sarasota, Florida. Under oath, he admitted to the Florida robbery, and said “he had a few more things to get off his chest” and told agents he robbed banks in Albany and Dothan.
“Law enforcement caught up to this serial bank robber well before his conscience did,” said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia. “I want to thank our strong law enforcement community that stopped a dangerous man who repeatedly caused havoc in communities across the southeast.”
The case was investigated by the FBI. Assistant U.S. Attorney Leah McEwen prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
San Francisco Man Sentenced to 20 Months of Imprisonment for Conspiring to Launder Money from Illegal Gambling BusinessRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Garland E. Burrell, Jr., sentenced Bar Shani, 27, of San Francisco, to 20 months in prison for conspiring to launder money, U.S. Attorney McGregor W. Scott announced.
According to court documents, between October 2016 and November 2017, Shani conspired to launder the proceeds of an illegal gambling business with Atir Dadon, 34, of Sherman Oaks, and Orel Gohar, 28, of San Francisco. Orel Gohar and Yaniv Gohar, 35, of Berkeley, operated an illegal gambling business that placed and maintained video slot machines at businesses in Northern California, including locations in the Eastern District of California. Shani, Dadon, and Orel Gohar agreed that Orel Gohar would give cash proceeds from the Gohars’ gambling business to Shani and Dadon, who would use the cash to pay the workers in their cosmetics business. They agreed that Orel Gohar would give cash to Shani and Dadon, and in return, they would arrange for Orel Gohar to receive checks from the cosmetics business. To conceal the fact that the financial transactions involved the proceeds of illegal activity, Shani, Dadon, and Orel Gohar used code words in their conversations about the transactions, referring to the money as bottles of alcohol or other non‑cash items. Dadon also put false memo lines on the checks, indicating that Orel Gohar had provided consulting and training services, when in fact he had not done so. Between October 2016 and November 2017, Shani and Dadon laundered $159,900 from the Gohars’ gambling business.
This case is the product of an investigation by the Federal Bureau of Investigation and the California Department of Justice – Bureau of Gambling Control. Assistant U.S. Attorneys Matthew M. Yelovich and Miriam R. Hinman are prosecuting the case.
On July 12, co-defendant Dadon was sentenced by U.S. District Judge Garland E. Burrell, Jr., to 22 months in prison. Co-defendant Adam Atari, 35, of Sherman Oaks, pleaded guilty to conspiring to launder money and witness tampering. Sentencing for Atari is set for Aug. 30. Co-defendant May Levy, 28, of Walnut Creek, pleaded guilty to operating an illegal gambling business, and on May 10, 2018, was sentenced to two years of probation.
Co-defendants Yaniv Gohar and Orel Gohar fled the United States upon their release in December 2017 and remain at large. Anyone with information about their whereabouts should call the Federal Bureau of Investigation at (916) 746-7000.
Co-defendant Raz Razla, 48, of Sherman Oaks, is charged with making false statements to the grand jury. Co-defendant Eran Buhbut, 33, of Oakland, is charged with operating an illegal gambling business. These charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt. If convicted, these remaining defendants face a statutory maximum penalty of 5 years in prison and a fine of up to $250,000, or both. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
San Francisco Man Pleads Guilty to Crimes Related to Illegal Fentanyl Pill Manufacturing OperationRead the Press Release
SAN FRANCISCO - Kia Zolfaghari pleaded guilty today to charges regarding his role in a conspiracy to distribute fentanyl, as well as to related weapons and money laundering charges, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Chris Nielsen. The plea was accepted by the Honorable Susan Illston, Senior United States District Judge.
In the plea agreement, Zolfaghari, 42, of San Francisco, admitted that from May of 2014 until June of 2016 he agreed with others to distribute and possess with intent to distribute fentanyl. Fentanyl, a Schedule II controlled substance, is a highly potent opiate that can be diluted with cutting agents to create counterfeit pills that attempt to mimic the effects of oxycodone, and can typically be obtained at a lower cost than genuine oxycodone. However, small variations in the amount or quality of fentanyl can have significant effects on the potency of the counterfeit pills, raising the danger of overdoses. In this case, Zolfaghari admitted that his role in the conspiracy included buying a pill press, using it to manufacture pills, and selling the pills, principally online. Zolfaghari admitted he stamped the pills in a manner consistent with genuine oxycodone and advertised the pills as oxycodone, but that the pills did not contain oxycodone and instead contained fentanyl.
In his plea agreement, Zolfaghari also described the roles of two of his co-conspirators in the drug trafficking conspiracy. For example, Zolfaghari acknowledged that one of his co-conspirators assisted him in the operation by packaging and mailing pills as well as cleaning up after he manufactured the pills. Additionally, Zolfaghari explained that another co-conspirator assisted him by maintaining a post office box for the delivery of fentanyl powder that he used to make pills and by delivering the powder that arrived in that post office box. Zolfaghari admitted that over the course of the conspiracy he made over $400,000 through his sales, and sold at least 13,000 fentanyl pills.
Zolfaghari also pleaded guilty to conspiring to launder the proceeds of the drug trafficking operation. Specifically, Zolfaghari admitted that sometime before May 1, 2014, he agreed with others to engage in several financial transactions to conceal the of those proceeds of his drug sales. For example, he arranged to be paid in the digital currency bitcoin, he used unlicensed bitcoin brokers to exchange the bitcoin for cash, and he directed a co-conspirator to purchase gift cards with the cash. Zolfaghari further admitted that these transactions were intended to conceal the source and ownership of the proceeds of his drug transactions. Zolfaghari also admitted he used the proceeds from his drug trafficking operation to make a $40,000 down payment (and additional monthly payments) on a 2015 Audi RS5 Coupe; to make payments on an apartment in San Francisco; and to make purchases of luxury goods such as high-end watches, designer shoes, and jewelry.
Zolfaghari was arrested on June 10, 2016. At the time of his arrest, Zolfaghari was found in possession of a Smith & Wesson handgun and 500 pills containing fentanyl.
On November 29, 2016, a federal grand jury returned a superseding indictment against Zolfaghari, charging him with four counts of distribution and possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); four counts of distribution and possession with intent to distribute 40 grams or more of fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); and one count each of conspiracy to manufacture, to possess with intent to distribute, and to distribute 400 grams or more of fentanyl, in violation of 21 U.S.C. § 846; using, carrying, or possessing a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c); conspiracy to launder drug proceeds, in violation of 18 U.S.C. § 1956(h); and engaging in money laundering in violation of 18 U.S.C. § 1957. Today, Zolfaghari pleaded guilty to the drug trafficking and money laundering conspiracies, as well as to the weapons charge.
Judge Illston scheduled Zolfaghari’s sentencing for November 22, 2019. Zolfaghari faces a maximum sentence of life in prison and a $10,000,000 fine for the conspiracy to manufacture and distribute fentanyl charge. The charge also carries a minimum 10 years in prison. The statutory maximum for the money laundering conspiracy charge is 20 years in prison, and a fine of $500,000 or twice the gain or loss from the criminal activity. The statutory maximum for the weapons charge is life in prison and a $250,000 fine. This charge carries a minimum five years in prison, which term must run consecutive to any other sentence imposed. Additional terms of supervised release and monetary assessments also may be ordered; however, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
In April 2017, Zolfaghari jumped bail and failed to appear for a hearing in this case. On February 9, 2018, Judge Illston sentenced his wife and co-defendant, Candelaria Dagandan Vazquez, 43, who was also a fugitive, to 151 months imprisonment. In February 2019, the United States Marshals Service, together with the Mexican Federal Police, located Zolfaghari and Vazquez in Mexico. Vazquez is currently serving her sentence in the custody of the Federal Bureau of Prisons. Also prosecuted for his role in the drug distribution scheme was King Edward Harris, II, 37, of Oxnard. On September 22, 2017, Judge Illston sentenced Harris to five years in prison for possession and distribution of 40 grams or more of fentanyl.
Assistant U.S. Attorney Nikhil Bhagat is prosecuting the case with the assistance of Linda Love. The prosecution is the result of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Internal Revenue Service Criminal Investigation Division, the United States Postal Inspection Service, and U.S. Customs and Border Protection, with assistance from the United States Marshals Service, the San Francisco Police Department, the San Francisco Fire Department, and the Mexican Federal Police. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Recording Artist R. Kelly Arrested on Federal Child Pornography and Obstruction ChargesRead the Press Release
CHICAGO — Chicago recording artist ROBERT SYLVESTER KELLY, also known as “R. Kelly,” has been arrested on federal child pornography and obstruction charges.
A 13-count indictment returned Thursday in U.S. District Court in Chicago charges Kelly with producing and receiving child pornography, and enticing minors to engage in criminal sexual activity. The charges accuse Kelly of engaging in sex acts with five minors and recording some of the abuse on multiple videos. The indictment also charges Kelly with conspiring to intimidate victims and conceal evidence in an effort to obstruct law enforcement, including an investigation in the 2000s that resulted in his trial in 2008 in Cook County on state child pornography charges.
Kelly, 52, of Chicago, was arrested Thursday night. He is scheduled to appear for an arraignment and detention hearing on Tuesday at 1:00 p.m. before U.S. District Judge Harry D. Leinenweber in Chicago. Kelly is charged with one count of conspiracy to receive child pornography, two counts of receiving child pornography, four counts of producing child pornography, five counts of enticement of a minor to engage in criminal sexual activity, and one count of conspiracy to obstruct justice.
The indictment also charges two former employees of Kelly’s music business: DERREL MCDAVID, 58, of Chicago (one count of conspiracy to receive child pornography, two counts of receiving child pornography, one count of conspiracy to obstruct justice), and MILTON BROWN, also known as “June Brown,” 53, of Chicago (one count of conspiracy to receive child pornography). McDavid is scheduled to make an initial court appearance today at 11:00 a.m. before U.S. Magistrate Judge Young B. Kim in Chicago, while Brown is scheduled to make an initial appearance before Judge Kim on July 19, 2019, at 11:00 a.m.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; James M. Gibbons, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Chicago; and Tara Sullivan, Acting Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago. Substantial assistance was provided by the Cook County State’s Attorney’s Office and the Chicago Police Department. Assistant U.S. Attorneys Angel Krull, Abigail L. Peluso and Jeannice W. Appenteng represent the government.
“This indictment demonstrates our office’s commitment to holding individuals such as Kelly accountable for criminal sexual abuse of minors, protecting the victims of such crimes, and punishing those who obstruct law enforcement investigations,” said U.S. Attorney Lausch. “I thank the courageous individuals who provided law enforcement with important information related to these allegations, and I encourage others with helpful information to do the same. Together with our law enforcement partners and with the help of victims and other witnesses, we will continue to vigorously investigate and prosecute individuals who sexually exploit children.”
“Today’s arrest serves as a reminder of HSI’s commitment to protecting the most vulnerable members of our society – our children,” said HSI Special Agent-in-Charge Gibbons. “We will continue to work in partnership with fellow law enforcement agencies and prosecutors to bring those engaged in child exploitation to justice.”
A separate federal indictment was unsealed today in the Eastern District of New York charging Kelly with racketeering for allegedly operating a criminal enterprise that promoted Kelly’s music and recruited women and girls to engage in illegal sexual activity. Kelly will appear for a removal hearing on the New York charges today at 1:45 p.m. before U.S. Magistrate Judge Sheila Finnegan in Chicago.
Kelly is an award-winning recording artist and record producer who has operated various music businesses in Chicago. According to the indictment in the Northern District of Illinois, Kelly met the five victims in the late 1990s. Kelly engaged in sex acts with the victims while they were all under the age of 18, and he created numerous explicit videos with four of them, the indictment states. The charges allege that Kelly and McDavid in 2001 began paying an acquaintance hundreds of thousands of dollars to collect the videos for the purpose of concealing and covering up their existence. When the acquaintance later planned to hold a news conference to publicly announce that he recovered the videos, Kelly, McDavid and others paid him approximately $170,000 in exchange for agreeing to cancel the event, the indictment states.
Kelly and McDavid also agreed to pay one of the minors and another individual for their efforts to return the videos, but only after they took polygraph examinations to confirm they returned all copies in their possession, the charges allege.
The indictment seeks forfeiture of a personal money judgment of approximately $1.55 million.
The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Producing child pornography carries a mandatory minimum sentence of ten years in prison and a maximum of 20 years. Receiving child pornography and conspiring to receive child pornography are each punishable by a mandatory minimum sentence of five years in prison and a maximum of 20 years. The maximum sentence for enticement of a minor is ten years. Conspiracy to obstruct justice is punishable by up to five years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
If you believe you are a victim of sexual exploitation by Robert Sylvester Kelly, you are encouraged to contact HSI’s confidential tip line by calling 1-866-DHS-2-ICE (1-866-347-2423) or by logging on to https://www.ice.gov/webform/hsi-tip-form. The service is available 24 hours a day, seven days a week.
Property Preservationist Pleads Guilty in $10 Million Dollar Fraud SchemeRead the Press Release
Former East Greenwich, Rhode Island, businesswoman Monique N. Brady, 44, whose company, MNB, specialized in preserving the condition of foreclosed homes for resale, yesterday admitted to utilizing her business and business contacts, often times family members, friends, and business associates, to operate a $10.3 million dollar Ponzi scheme.
Brady admitted to the Court that she fraudulently represented to potential investors that her company had secured contracts to perform large scale rehabilitation projects on foreclosed properties in Rhode Island, Connecticut, Massachusetts, and New Hampshire. She represented to investors that payments ranging from approximately $20,000 to $80,000 were needed to pay subcontractors to perform the work.
In reality, MNB was hired by banks to perform menial tasks such as mowing grass, changing locks, winterizing properties, boiler or electrical inspections, and snow removal. The majority of projects secured by MNB were for less than $1,000. Many were for as little as $25 dollars to a few hundred dollars.
Brady often solicited and received multiple investments for the same property. To make potential investors believe she had secured contracts for large scale rehabilitation projects, Brady provided fraudulent emails purporting to be from a national property rehabilitation company claiming Brady had been approved to rehabilitate a property. Brady included in the emails fraudulent itemizations of work to be performed. Brady also included, without permission, the identity of an actual employee of the national property rehabilitation company in an attempt to make the emails appear authentic.
Records indicate that of the 171 properties for which Brady solicited and received funds from investors for rehabilitation projects, 98 were for properties her company was never hired to preserve, on which absolutely no work was performed.
In return for their investment, 31 investors were promised a return of 50 percent of the profit realized on the project they invested in. Many investors realized little or no return on their investment. By the time the scheme ended after its discovery in the summer of 2018, 22 individuals had lost approximately $4.78M to Brady.
Brady admitted that among those defrauded were close friends in the East Greenwich community, a close friend from childhood, a close friend from law school, her step-brother, and an older woman who was essentially a nanny to her children. Other victims included three Warwick firefighters and an elderly man with Alzheimer’s disease.
Brady also admitted to attempting to obstruct an Internal Revenue Service (IRS) criminal investigation when, after being told by IRS investigators she was under investigation, she asked investors to delete or destroy all email correspondence, texts, and documents relating to their investments in MNB rehabilitation projects.
Appearing today before U.S. District Court Judge John J. McConnell, Jr., Monique N. Brady pleaded guilty to wire fraud, aggravated identity theft, and obstructing an IRS investigation, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Aaron L. Weisman for the District of Rhode Island, Special Agent in Charge of IRS Criminal Investigation Kristina O'Connell, and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Brady, who remains detained in federal custody, is scheduled to be sentenced on Oct. 4, 2019. Wire fraud is punishable by statutory penalties of up to 20 years in prison, up to five years supervised release, and a fine of up to $250,000 or twice the gross profit/loss. Obstructing an IRS investigation is punishable by statutory penalties of up to three years in prison, one year supervised release, and a fine of $5,000. Aggravated identity theft is punishable by statutory penalties of a two year mandatory sentence consecutive to any other sentence imposed in this matter and one year of supervised release.
The case is being prosecuted by Assistant United States Attorney Lee Vilker of the District of Rhode Island and Trial Attorney Christopher O’Donnell of the Tax Division.
The matter was investigated by agents from IRS-Criminal Investigation and the FBI.
Physician Assistant Pleads Guilty to Federal Drug Charge for Conspiring to Distribute and Dispense Oxycodone, Fentanyl, Methadone, and Alprazaolam at A Pain Management Practice with Offices in Towson and Owings MillsRead the Press Release
Baltimore, Maryland – William Soyke, age 66, of Hanover, Pennsylvania, pleaded guilty today to conspiracy to distribute and dispense oxycodone, fentanyl, methadone, and alprazolam outside the scope of professional practice and not for a legitimate medical purpose.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; and Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services.
“Opioid overdoses are killing thousands of Marylanders each year, and opioid addiction is fueled by health care providers who prescribe drugs for people without a legitimate medical need,” said U.S. Attorney Robert K. Hur. “Doctors and other medical professionals who irresponsibly write opioid prescriptions are acting like street-corner drug pushers. State and federal authorities are continuing to look at ways to shut down ‘pain clinics’ that are really just fronts for criminals who divert pharmaceutical drugs and hook a new generation of addicts. We are determined to reduce the number of opioid overdose deaths here in Maryland.”
According to his plea agreement, from 2011 until the business closed in February 2018, Soyke served as a physician assistant (PA) at Rosen Hoffberg Rehabilitation and Pain Management, P.A. During his tenure, Soyke was able to observe and treat patients of both Dr. Norman Rosen and Dr. Howard Hoffberg, who had hired him and who usually worked at the Towson and Owings Mills offices, respectively.
According to the plea agreement, each new Rosen Hoffberg patient was initially seen by Dr. Rosen or Dr. Hoffberg, who determined the patient’s treatment plan and medication levels. Soyke would then see the patients for follow-up visits. As a PA, Soyke had privileges to prescribe controlled substance medications but was required to operate under a delegation agreement between himself and the Rosen Hoffberg owners.
Soyke admitted that he believed that Drs. Rosen and Hoffberg prescribed excessive levels of opioids. According to the plea agreement, both doctors overruled any attempts by Soyke to lower patients’ dosages. Further, if another health care provider within the practice declined to treat a patient due to the patient’s aberrant behavior (such as failing a drug screening test for illicit drugs or selling their prescriptions), Drs. Rosen and Hoffberg would take over that patient’s care.
Soyke admitted that he knew that many of the patients presenting to Rosen Hoffberg did not have a legitimate medical need for the oxycodone, fentanyl, alprazolam, and methadone they were being prescribed. Nevertheless, Soyke issued prescriptions for these drugs to patients without a legitimate medical need and outside the bounds of acceptable medical practice. Soyke also admitted that in several instances he engaged in sexual, physical contact with female patients who were attempting to get prescriptions. Although the female patients complained to Dr. Rosen and Dr. Hoffberg about Soyke’s behavior, the doctors did not fire Soyke because Soyke saw the largest number of patients at the practice and generated significant revenue for Rosen Hoffberg.
Soyke faces a maximum sentence of 20 years in prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for October 16, 2019 at 3:00 p.m.
United States Attorney Robert K. Hur commended the FBI, the DEA, and HHS-OIG for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jason D. Medinger and Derek E. Hines, who are prosecuting the case.
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Palm Beach County Resident Charged with Export Control Violations for Illegally Exporting Hundreds of Parts for AR-15 Assault RiflesRead the Press Release
A Palm Beach County resident was arrested on July 11, 2019, based on a complaint charging him with conspiracy to violate and attempted violations of the Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR) (18 U.S.C. 371 and 22 U.S.C. 2778).
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, made the announcement.
Cristian German Barrera, 47, was charged with conspiracy to violate the AECA and ITAR, and attempts to illegally export to Argentina defense articles, specifically, parts and components for AR-15 assault rifles, which were smuggled across international borders by a transnational weapons trafficking group in Argentina. He had an initial appearance before U.S. Magistrate Judge Jacqueline Becerra.
According to the complaint and other court documents, Barrera illegally exported without a required license from the U.S. Department of State, to the Argentine weapons trafficking organization, hundreds of AR-15 assault rifle parts. The investigative efforts of HSI agents in the Miami Field Office along with HSI agents stationed in Argentina, and their proactive cooperation with Argentine law enforcement officials between October and December 2019, led to the execution of search warrants in Florida and Argentina that resulted in the seizure of the equivalent of 52 AR-15 assault rifles in Florida and in Argentina: 189 long arms, 156 handguns, one mortar round, one hand grenade, over 30,000 rounds of assorted caliber ammunition, five vehicles, and $110,000 in cash. On June 26, 2019, Argentina’s National Gendarmeria conducted an operation that led to the arrest of additional subjects and the seizure of thousands of firearms and explosive materials.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI, U.S. Customs and Border Protection and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Rick Del Toro and Trial Attorney Evan Turgeon of the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.
A complaint is merely an allegation. 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.
Mount Pleasant Man Sentenced to 20 Years in Federal Prison for Distributing Fentanyl that Caused Death and Fraud ChargesRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon announced today that Tyler Scher, age 30, of Mount Pleasant, was sentenced in federal court in Charleston after pleading guilty to one count of Distribution of Fentanyl, three counts of Wire Fraud, and three counts of Identity Theft. United States District Judge Richard M. Gergel of Charleston sentenced Scher to 20 years in federal prison, lifetime supervised release, and restitution and forfeiture of $17,599.08. There is no parole in the federal system.
Evidence presented to the court established that in the summer of 2017, Scher befriended the victim, a young woman in her early 20s who had recently moved to Charleston. On July 11, 12, and 13, 2017, Scher attempted to steal money from the victim’s bank account. The victim noticed the attempts and informed the bank of the fraud. The next month, around midnight on August 10, 2017, Scher drove the victim to his heroin dealer and purchased opioids, which turned out to be fentanyl. In the early hours of August 11, 2017, Scher distributed the fentanyl to the victim, which killed her. Then, in August and September 2017, Scher continued to take money from the deceased victim’s PayPal account. In addition to the fraud on this victim, Scher had defrauded two other individuals.
“The facts of this case are some of the more appalling I can recall, and I am reminded of the importance of our justice system and the role it plays in righting wrongs. What a horrendous wrong we witnessed here at the hands of Tyler Scher. Mr. Scher gave this young victim the drugs that killed her, and he exploited her for financial gain both before and after her death,” said U.S. Attorney Lydon. “The U.S. Attorney’s Office is committed to bringing to justice those responsible for pedaling deadly drugs into our communities, leaving death and destruction in their wake. Fentanyl dealers take notice: We will hold you accountable for these deaths. As the opioid epidemic claims countless lives across our nation, we will also continue to stand with law enforcement and community leaders to educate the public about the dangers of opioid misuse and to get these deadly drugs off of our streets.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division stated, “Synthetic opioids, namely fentanyl, when used on the streets, can sometimes be deadly (as was the case in this investigation). The life of this young lady in her 20s ended abruptly when Tyler Scher provided her with a fatal dose of fentanyl. DEA, its many law enforcement partners and the U.S. Attorney’s office are firmly committed to arresting criminals like Tyler Scher who play a role in the destruction caused by the vicious cycle of opioid addiction.”
The case was investigated by the Drug Enforcement Administration and the Mount Pleasant Police Department. Assistant United States Attorney Jamie Lea Schoen of the Charleston office prosecuted the case.
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According to the CDC, 70,237 drug overdose deaths occurred in the United States in 2017, and opioids were involved in 67% of those deaths. Fentanyl can be 50 times more potent than heroin, significantly increasing the risk for overdose, and a person who obtains drugs illegally may not know that a substance contains fentanyl. If you or a loved one are struggling with substance misuse, you can find treatment options in your area at http://www.daodas.sc.gov/treatment/local-providers/.
Milan Man Sentenced to 14 Years in Prison for Child Sexual ExploitationRead the Press Release
KANSAS CITY, Mo. – A Milan, Missouri, man was sentenced in federal court today for transporting a 12-year-old victim across state lines for criminal sexual activity.
Eh Tah Ger, 24, was sentenced by U.S. District Judge Brian C. Wimes to 14 years and two months in federal prison without parole.
On Jan. 23, 2019, Ger pleaded guilty to transporting a minor across state lines with the intent to engage in criminal sexual activity. Ger admitted that he picked up a 12-year-old girl in Omaha, Nebraska, on Jan. 7, 2018. Ger lived with the child victim in his vehicle and at a residence in Milan until Jan. 20, 2018, when he was arrested. During that time, Ger admitted, he engaged in sexual intercourse with the child victim multiple times.
According to court documents, the child victim’s parents in Omaha reported her missing on Jan. 9, 2018. The parents told police their daughter had left their home the previous morning and had not yet returned. The mother also said her daughter had gone missing twice over the last month, and in both instances had been found with Ger. Ten days later the child victim was recovered after law enforcement agencies in Nebraska and Missouri pinpointed her location at an address in Milan.
Ger told officers that the child victim had been his “girlfriend” for five or six months, but that age was not an issue in his country. (Ger is a refugee whose family fled from Myanmar when he was 11 years old and arrived in the United States in 2011. According to court documents, Myanmar appears to criminally penalize sexual intercourse with a female under 14 years of age.) Ger said he would not allow her to leave the residence without him, or talk to the other adult males there because it made him jealous. Ger would feed her, and she would not eat unless fed by him. Ger’s cell phone contained video recordings of sexual acts between them, which were filmed the day before his arrest.
This case was prosecuted by Assistant U.S. Attorney Patrick D. Daly. It was investigated by the FBI, the Missouri State Highway Patrol, the Sullivan County, Mo., Sheriff’s Department, and the Omaha, Neb., Police Department.
Project Safe Childhood
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."Midland Man Pleads Guilty to Federal Drug and Firearm Charges in Connection with the Murder of Two Midlanders in July 2015Read the Press Release
Ryan David Green, age 27 of Midland, faces up to life in federal prison time after pleading guilty this week to firearm and drug trafficking charges in connection with the murder of two Midland residents in July 2015, announced U.S. Attorney John F. Bash, Midland Police Chief Seth Herman and DEA Special Agent in Charge Kyle Williamson, El Paso Division.
Appearing before U.S. District Judge David Counts on Wednesday, Green pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine; one count of discharging a firearm in furtherance of a drug trafficking crime; and, one count of murder resulting from the discharge of a firearm during and in relation to a drug trafficking crime.
By pleading guilty, Green admitted that on July 17, 2015, he and his co-defendants—Sean Blake Jobe and Trace Ryan Roland—conspired to murder a Midland man because of drug money the man owed to Roland.
According to court records, in the early morning hours of July 17, 2015, Green and Jobe went to a home in Midland and shot and killed the man and his girlfriend, who were living in a shed behind the home. Then they set fire to the shed and burned the victims beyond recognition.
Earlier this year, both Jobe and Roland pleaded guilty to the same three federal charges. All of the defendants remain in federal custody. Sentencing for all three defendants is scheduled for October 10, 2019, before Judge Counts in Midland.
The Midland Police Department and the Drug Enforcement Administration investigated this case. Assistant U.S. Attorneys Brandi Young and Glenn Harwood are prosecuting this case on behalf of the Government.
Middlesex County, NJ Deputy Sheriff Indicted on Federal Charges for Producing and Distributing Child PornographyRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Joshua Padilla, 33, of Eatontown, New Jersey was charged by Indictment with producing, distributing, and possessing child pornography. The defendant was previously charged with multiple related felonies in February 2019 by Pennsylvania Attorney General Josh Shapiro.
The defendant, a Middlesex County Sheriff’s Deputy, recorded himself having unlawful sexual contact with a 17 year-old girl and later uploaded some of that video to an online platform. The defendant drove the minor to Northampton County, Pennsylvania to engage in this illicit sexual conduct.
“The allegations in this case are particularly disturbing because of the defendant’s position of authority and trust in the community as a law enforcement officer,” said U.S. Attorney McSwain. "We stand ready with our federal, state and local partners to identify and prosecute those who would prey upon minor children – no matter who they are.”
“As a member of law enforcement, this defendant was sworn to protect the people he served, but instead he stands charged with abusing and exploiting a minor,” said Attorney General Josh Shapiro. “I’m proud to stand with our federal law enforcement partners in our steadfast commitment to investigating and prosecuting anyone who takes advantage of children wherever we find them—without fear or favor.”
This 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. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
If convicted, the defendant faces a maximum possible sentence of 60 years’ incarceration with a mandatory minimum term of 15 years’ imprisonment.
The case was investigated by the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Josh A. Davison.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Methuen Man Arrested for Distributing FentanylRead the Press Release
BOSTON – A Methuen man was arrested and charged in federal court in Boston for distributing fentanyl.
Alexsander Padro, 28, was charged with distributing more than 40 grams of fentanyl. Padro appeared in federal court in Boston yesterday and was detained pending a further hearing.
According to the charging documents, Padro sold more than 40 grams of fentanyl to a cooperating source at a restaurant in Methuen on July 10, 2019. It is also alleged that Padro sold more than 40 grams of fentanyl to an undercover officer in March 2019 and $1,000 worth of fentanyl to an undercover officer in April 2019.
Padro faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Merrill Felon Sentenced to 54 Months for Drug & Gun CrimesRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Ryan Kleinschmidt, 25, Merrill, Wisconsin, was sentenced yesterday by U.S. District Judge William Conley to 54 months in federal prison for possessing methamphetamine with the intent to distribute and for being a felon in possession of a firearm. Kleinschmidt pleaded guilty to these charges on April 11, 2019.
On September 18, 2018, Kleinschmidt was stopped by law enforcement for a traffic violation and was subsequently arrested on an outstanding state matter. A search of his vehicle resulted in the discovery of hidden compartments behind the dashboard where 26 grams of methamphetamine and a loaded Ruger .22 caliber pistol were found.
Judge Conley commented that possessing the handgun while selling drugs was disturbing conduct that created a risk for everyone involved, including law enforcement and others, and the fact that those items were concealed in a hidden compartment demonstrated an increased sophistication.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
The charge against Kleinschmidt was the result of an investigation conducted by Lincoln County Sheriff’s Office, Merrill Police Department, Federal Bureau of Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
Memphis Area Man Pleads Guilty to Paying KickbacksRead the Press Release
LITTLE ROCK – A Memphis area man has pleaded guilty to paying kickbacks to generate sales of high-dollar compounded prescription drugs. Bradley Fly, 34, of Germantown, Tennessee, pleaded guilty on Wednesday before Chief United States District Judge Brian S. Miller. Cody Hiland, United States Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the FBI, and C.J. Porter, Special Agent in Charge of the Dallas Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) announced the guilty plea.
Fly, a veteran of the medical sales industry based in Memphis, promoted high-dollar compounded prescription drugs on behalf of Brad Duke, who previously pled guilty to conspiring to violate the Anti-Kickback Statute last fall. Fly earned 35% of what insurers paid as commission. When Fly learned that TRICARE, the military health insurer, would pay tens of thousands of dollars per month per patient for compounded drugs, Fly concentrated his efforts on generating prescriptions for those beneficiaries covered by TRICARE.
Fly used subordinates to find TRICARE beneficiaries to receive the drugs. Among his subordinates were Individual 1 and Individual 2, who were both already TRICARE beneficiaries, as were their spouses. In violation of the Anti-Kickback Statute, Fly paid both Individual 1 and Individual 2 in exchange for agreeing to receive prescription compounded drugs for themselves and their spouses. TRICARE paid upwards of $500,000 for these prescriptions, earning Fly over $185,000 in commission.
If you or someone you know was approached about getting compounded prescription drugs, please contact [email protected].
Violating the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), is punishable by up to five years imprisonment, a fine of not more than $250,000, and up to three years of supervised release. This case was investigated by the FBI and HHS-OIG, and prosecuted by Assistant United States Attorneys Alexander D. Morgan and Patrick C. Harris.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at http://www.justice.gov/edarTwitter: @EDARNEWS
Mason City Drug User Sentenced to Federal Prison for Lying About Drug Use to Buy an AK-47-Style RifleRead the Press Release
A man who falsely claimed he was not a drug user when buying an AK-47-style rifle in 2018 was sentenced July 11, 2019, to nearly three years in federal prison.
Braiden Robert William Despenas, age 22, from Mason City, Iowa, received the prison term after a March 4, 2019 guilty plea to being an unlawful drug user in possession of a firearm and making a false statement during the purchase of a firearm.
In a plea agreement, Despenas admitted that he was an unlawful marijuana user between at least October 2017 and March 2018. Court records show that in October 2017 Despenas was involved in an injury collision while he was driving under the influence of marijuana. In March 2018, Despenas purchased an AK‑47‑style rifle with a high‑capacity magazine from a federal firearms licensee in Dubuque. Despenas admitted that while completing ATF forms during the purchase of the rifle he falsely denied that he as a drug user.
Court records further show that Despenas purchased at least five firearms between October 2017 and May 2018. He falsely claimed he was not a drug user on each form. In October 2017, Despenas bought two pistols in Mason City. Less than two months later, Mason City police recovered one of those pistols after it was found lying, loaded with four rounds, in a yard in Mason City.
During a search of Despenas’s home in June 2018, officers recovered manuals, boxes, and ammunition for some of the firearms, but no firearms. Despenas claimed the pistols he purchased in October 2017 were stolen, but that he had not reported the theft. He also initially stated he “believed” he purchased the AK-47-style rifle, but denied, or claimed he could not recall, purchasing other firearms. When confronted with the fact that officers had purchase paperwork for all of the firearms, Despenas admitted to purchasing them. He claimed he had thrown one of them in a river because it did not work correctly, and that two others were at a relative’s house. Police recovered two of the firearms at another apartment associated with Despenas in Mason City later that day. Two firearms Despenas illegally purchased have never been recovered by law enforcement.
Despenas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Despenas was sentenced to 33 months’ imprisonment on each charge, to be served concurrently. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Despenas is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Mason City Police Department, and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-03001-CJW-MAR.
Follow us on Twitter @USAO_NDIA.
Manchester Man Pleads Guilty to Cocaine Trafficking and Firearms ChargesRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced that Mark Manapsil, 35, of Manchester, pleaded guilty in federal court on Thursday to distribution of cocaine, possession of cocaine with intent to distribute, and being a felon in possession of a firearm.
According to court documents and statements made in court, on August 17, 2016, and November 2, 2016, Manapsil sold quantities of cocaine to an individual who was cooperating with law enforcement officers. On November 29, 2016, Manapsil, a convicted felon who is prohibited from possessing guns, sold a semi-automatic rifle to the cooperating individual for $900. On March 22, 2017, Manapsil was found in possession of 497 grams of cocaine when his vehicle was stopped by the New Hampshire State Police in Nashua.
Manapsil will be sentenced on October 21, 2019.
“Drug traffickers are engaged in a hazardous business,” said U.S. Attorney Murray. “Frequently, they equip themselves with firearms, thereby increasing the risk to the community. In order to combat this threat, we will continue to work closely with our law enforcement partners to pursue federal prosecutions of armed drug traffickers.”
"Drug traffickers have no place in our community and the FBI and our law enforcement partners will continue to do everything we can to stop the movement and sale of drugs on our streets, while ensuring that our neighborhoods are free from illegal firearms," said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
The case was investigated by the FBI, DEA, New Hampshire State Police, and Manchester Police Department. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
This investigation was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Man Arrested in Rancho Cordova Pleads Guilty to Identity Theft and Bank Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Cody Patrick Cannon, 31, a transient, pleaded guilty yesterday to bank fraud, aggravated identity theft, and possession of reproduced U.S. Postal Service keys, U.S. Attorney McGregor W. Scott announced.
According to court documents, between January and August 2018, Cannon engaged in a scheme in which he used counterfeit U.S. Postal Service keys to open apartment complex mailboxes throughout Northern California and steal mail. Cannon and others involved in the scheme then harvested personally identifiable information, financial information, and credit and debit cards. They defrauded banks by using the stolen cards to purchase goods and withdraw cash from ATMs in Vacaville, Folsom, Rocklin, and Rancho Cordova.
On August 2, 2018, Cannon and his co-defendant, Candice Freitas, were arrested at their RV parked in a hotel parking lot in Rancho Cordova. They were found to be in possession of stolen mail, checks, multiple stolen and fake California driver’s licenses, at least two passports bearing the names of others, and at least seven counterfeit U.S. Postal Service mail keys.
This case is the product of an investigation by the United States Postal Inspection Service, Sacramento County Sheriff’s Department, Folsom Police Department, and Vacaville Police Department. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Cannon remains in custody pending sentencing. Cannon’s co-defendant, Candice Freitas, has pleaded not guilty to the charges in the indictment and she remains in custody pending trial. The charges against her are only allegations; she is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Cannon is scheduled to be sentenced by Judge Troy L. Nunley on October 3, 2019. He faces a maximum statutory penalty of 30 years in prison and a $1,000,000 fine for bank fraud. He also faces a mandatory two-year consecutive sentence for aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Madison Felon Sentenced for Possessing & Discharging FirearmRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Michael Hallmon, 34, of Madison, Wisconsin, was sentenced today by U.S. District Judge James D. Peterson to 51 months in federal prison for possessing a firearm as a convicted felon. Hallmon pleaded guilty to the charge on March 8, 2019.
On September 6, 2018, Hallmon shot someone in broad daylight, in a crowded parking lot of an apartment complex in Madison. Hallmon and the victim had a dispute over a moped, which led to the shooting. Hallmon discharged three rounds towards the victim, who was hit in the leg with one round.
Hallmon is also charged in Dane County Circuit Court with attempted first degree intentional homicide, and that charge is pending. If convicted, that sentencing judge will decide whether Hallmon’s federal sentence will be served concurrently or consecutively to the state sentence. With respect to this state charge, Hallmon is presumed innocent until and unless proven guilty.
This case was brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
The charge against Hallmon was the result of an investigation conducted by the Madison Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. This prosecution was handled by Assistant U.S. Attorney Rita M. Rumbelow.
Man from Shiprock Charged with Murder of Woman in Indian CountryRead the Press Release
ALBUQUERQUE – Tavor Tom, 18, of Shiprock, N.M. appeared in federal court today on a criminal complaint charging him with murder in Indian Country.
According to the criminal complaint, Tom allegedly committed this offense on July 1, 2019. He went to the victim’s home and stabbed her repeatedly with a knife. The victim died at the scene. Tom stole the victim’s automobile and fled the residence. Police later found him after he crashed the vehicle.
The FBI arrested Tom on July 5, 2019. He appeared in court today for a detention hearing where the judge ordered him to remain in custody pending trial. He faces up to life in prison if convicted. A criminal complaint is only an allegation. A Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI investigated this case with the Navajo Nation Criminal Investigation Section and the McKinley County Sheriff’s Office. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
Local Woman Sentenced to Federal Prison for Her Role in a Cross-Country Drug Distribution RingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Chief Judge Kristi K. DuBose sentenced Patty Janelle Reddick on June 21, 2019 to serve a term of imprisonment of 30 months followed by 5 years of supervised release for Conspiracy to Possess with the Intent to Distribute Methamphetamine in violation of 21 USC § 846. The defendant previously entered a guilty plea with the Court on September 20, 2018.
In December of 2016, a cooperating informant (C/I) in Mobile, Alabama ordered methamphetamine from a broker for a source of supply from California. A deal was made to purchase eight ounces methamphetamine from the source of supply. The C/I, who was dealing with the broker, told an undercover officer to drive to a local gas station where the broker had arranged for the delivery of the methamphetamine that was ordered from California. The defendant, Patty Janelle Reddick, arrived at the gas station to deliver the methamphetamine. Police Officers witnessed the defendant deliver the methamphetamine to the undercover officer and leave the location. The defendant lied when she was initially confronted by law enforcement regarding the narcotics transaction. However, the defendant was captured on a recorded telephone call after the drug delivery stating words to the effect that she believed the person she delivered the methamphetamine to was an undercover officer.The case was investigated by the Drug Enforcement Administration (DEA), and the Mobile Police Department. The case was prosecuted by Deputy Criminal Chief, Assistant United States Attorney George F. May for the United States Attorney’s Office for the Southern District of Alabama. The case was investigated and prosecuted under the DOJ’s specially funded strategy and program, the Organized Crime Drug Enforcement Task Force (OCDETF).
Little Rock Community Activist Sentenced to 10 Years in Prison for Drug, Gun CrimesRead the Press Release
LITTLE ROCK—A Little Rock man who is a self-professed former longtime gang member who turned toward community activism later in life has been sentenced to prison on drug and gun charges. On Friday, Chris Alexander, 42, was sentenced to 10 years in prison by United States District Court Judge D.P. Marshall Jr., after admitting to selling large quantities of marijuana and possessing guns.
Cody Hiland, United States Attorney for the Eastern District of Arkansas, announced the sentence. After being indicted on multiple gun and drug charges on February 6, 2018, Alexander pleaded guilty on January 16, 2019, to single counts of distribution of marijuana and possession of a firearm in furtherance of a drug-trafficking crime. His 120-month total sentence includes 60-month sentences on each count, to run consecutively. Judge Marshall also sentenced Alexander to three years of supervised release.
Alexander, who said in the hearing on Friday that he started an organization intending on teaching Little Rock youth the dangers of gangs and violence, admitted that he sold a pound of marijuana to a confidential informant in 2017. On September 8, 2017, Little Rock Police officers were attempting to execute an arrest warrant on Alexander when he was found in possession of multiple rifles and another eight pounds of marijuana. At the sentencing hearing Alexander told Judge Marshall that he was selling marijuana to help finance his community youth programs.
The FBI’s GET ROCK Task Force, working in partnership with the Little Rock Police Department, investigated this case. Assistant United States Attorney Chris Givens prosecuted the case.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at http://www.justice.gov/edarTwitter: @EDARNEWS
Limestone Man Going to Prison for More Than 18 Years for Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Kevin James Fox, 63, of Limestone, NY, who was convicted of receipt of child pornography, was sentenced to serve 220 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that in May 2016, the defendant persuaded an adult female, identified as T.M., to find a minor male and engage in sexual activity with him for the purpose of producing a visual depiction. T.M. met a 16-year-old male (Victim 1) through Craigslist and began communicating with Victim 1 via text messaging that was sexual in nature. On June 1, 2016, T.M. picked up Victim 1 and drove to her residence, where she engaged in sexual activity with Victim 1. T.M. used her cellular telephone to take approximately five photographs. T.M. then drove Victim 1 home and texted the images to a telephone number controlled by Fox.
The defendant also persuaded T.M. to engage in sexual activity with a 17-year-old minor male (Victim 2) who was known to T.M. Between May 26 and June 21, 2016, T.M. engaged in sexual activity with Victim 2, at Fox’s request. T.M. also took photographs once again and sent the images to the defendant.
The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, Buffalo Office, under the direction of Gary Loeffert, Special Agent-in-Charge along with the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.
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Lake Charles man sentenced to 7 years in federal prison for illegal firearm possessionRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that a Lake Charles man who led police officers on a vehicle pursuit that ended in a crash was sentenced to 87 months in federal prison and three years of supervised release. Dane Darbonne, 29, was sentenced Thursday by U.S. District Judge James D. Cain Jr. after pleading guilty on April 11, 2019, for illegally possessing a firearm.
According to information presented in court, Darbonne purchased a Savage Model 110-caliber, 30-06 rifle from an individual on August 10, 2018. One day after taking possession of the firearm, Darbonne led Lake Charles police in a high-speed car chase. Darbonne crashed the car and fled the scene on foot. Officers recovered the rifle from the vehicle Darbonne was driving.
Darbonne is a felon who was previously convicted for possession of a firearm in a firearm free zone, assault by drive-by-shooting, attempted manslaughter, possession of a firearm by a convicted felon and possession of cocaine. 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 and the Lake Charles Police Department conducted the investigation. Assistant U.S. Attorney Dominic Rossetti 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 lasting reductions in crime.
Justice Department Reaches Agreement with Sandoval County, New Mexico, to Ensure Accessible VotingRead the Press Release
The Department of Justice today reached a settlement under the Americans with Disabilities Act (ADA) with Sandoval County, New Mexico, to ensure that the County’s polling places are accessible during elections to individuals with mobility and vision impairments.
The Department of Justice surveyed and assessed the County’s voting program for compliance with the ADA. The Department’s survey identified architectural barriers at County polling places, including inaccessible parking, ramps that were too steep, and doorways with thresholds that were too high. Under the ADA, counties that conduct local, state, or federal elections may not select polling places that are inaccessible during elections to individuals with disabilities. The County is home to thirteen Pueblos and Tribal Entities, and one dozen County polling places are located on tribal lands.
Under the terms of the settlement agreement, Sandoval County will begin remediating its voting program in time for its next election. To make its selected polling places accessible, the County will employ temporary measures, such as portable ramps, signage, and propped open doors, as well as certain permanent changes, such as paved parking and ramps. In addition, the County will train its poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections. The County will also survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreement requires the County to select locations that will be accessible during elections. The Department of Justice will monitor the County’s compliance with the agreement and provide the County with technical assistance.
“This agreement reflects the Department’s continued commitment, through its ADA Voting Initiative, to ensuring that every eligible voter with a disability has an equal opportunity to vote in person at his or her local polling place,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This fundamental right secures participation in our democracy and must not be diminished or restricted by barriers to access. We commend the County’s commitment to guaranteeing that eligible voters with disabilities have equal access to the polls.”
“A disability should never stand as an impediment to a citizen exercising the fundamental right to vote in our democracy,” said U.S. Attorney John C. Anderson. “This settlement ensures polling places in Sandoval County will be accessible to all eligible voters.”
This settlement is part of the Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions, including Coconino County, Arizona; McKinley County, New Mexico; Harris County, Texas; Chicago, Illinois; and Richland County, South Carolina.
For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Jury Convicts Felon of Armed CarjackingRead the Press Release
RENO, Nev. – A federal jury found a felon guilty of stealing a car at gunpoint, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
After a four-day trial, a jury found Eric Romero-Lobato, 39, guilty of one count of carjacking, one count of use of a firearm during and in relation to a crime of violence, and one count of felon in possession of a firearm. Romero-Lobato has prior convictions for unlawful reentry by a deported person and for eluding a police officer.
United States District Judge Larry R. Hicks presided over the trial and scheduled a sentencing hearing on November 19, 2019. The maximum penalty is life imprisonment.
According to court documents and evidence presented at trial, Romero-Lobato, armed with a 9mm semi-automatic pistol, stole a car from an individual at gunpoint. Reno Police Department officers located the stolen vehicle within hours of the carjacking. Romero-Lobato lead the police on a high speed chase before wrecking the stolen car. He was then apprehended. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Reno Police Department.
Romero-Lobato is in custody and is awaiting a jury trial for the remaining counts in the indictment. The charges are related to the attempted robbery of a bar and grill in Sparks. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sparks Police Department. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Assistant United States Attorneys Megan Rachow and Steven Myhre are prosecuting both cases.
This case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July 11 was:
Adam Clark Young, 35, of Billings, on charges of prohibited person in possession of firearms and possession of a stolen firearm. If convicted of the most serious crime, Young faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Young was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-58.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illinois Resident Indicted on Bank Robbery ChargeRead the Press Release
BOSTON - An Illinois man was indicted yesterday in federal court in Boston in connection with a bank robbery.
Eugene Davis, 54, of Chicago, Ill., was indicted on one count of bank robbery.
It is alleged that on June 3, 2019, Davis robbed a branch of the East Boston Savings Bank located in South Boston.
The charge provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Chief William Gross made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
High-speed trooper chase results in five-count guilty verdict for drug conspiracy, firearms crimesRead the Press Release
SAVANNAH, GA: A Savannah man is facing a substantial prison sentence after a federal jury returned a guilty verdict on all five counts against him.
Amari Jermaine Sams, a/k/a/ “Face”, 37, of Savannah, was convicted of Conspiracy to Possess With Intent Distribute 50 grams or more of Methamphetamine and a quantity of Cocaine and Marijuana; Possession With Intent to Distribute 50 grams or more of Methamphetamine and a quantity of Cocaine and Marijuana; Possession of a Firearm by a Prohibited Person; Possession of a Stolen Firearm; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in U.S. District Court, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
Sams now faces a sentence of 15 years to life in prison, and there is no parole in the federal system.
According to evidence presented at the three-day trial, on the morning of April 22, 2018, Sams and his co-conspirators, Jovonn Brisbon and Hakeem Campbell, led Georgia State Patrol officers on a chase at speeds up to 120 mph in a Ford F-150 stolen from the Savannah Airport. During the pursuit, a stolen Glock. 40 firearm was thrown from the vehicle and later recovered. State troopers forced the vehicle to a stop and apprehended Brisbon and Campbell, and Savannah Police Department officers captured Sams hiding in a creek parallel to I-516. A search of the stolen vehicle yielded approximately 75 grams of methamphetamine, and inside a book bag found next to the vehicle officers found a stolen Springfield XD .45 caliber pistol, approximately 1 pound of marijuana, 29 grams of cocaine, scales and baggies. The occupants had more than $4,000 cash combined.
Brisbon and Campbell previously entered guilty pleas in the case and are awaiting sentencing.
“The game of hide and seek for this defendant is over, and his next stop will be federal prison,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “I commend the brave law enforcement officers and investigators who safely brought an end to this dangerous crime spree, and the prosecutors who successfully brought this dangerous felon to justice.”
“ATF will continue to dedicate federal resources in conjunction with crucial local law enforcement partners to the pursuit of eradicating and forestalling criminal activity in communities we serve,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Said Chatham County Counter Narcotics Team (CNT) Director Everett Ragan, “Living the fast life caught up to them. I have no doubt a long prison sentence will slow them down.”
This case was investigated by ATF and CNT, along with the Savannah Police Department and the Georgia State Patrol. The case was prosecuted for the United States by Assistant U.S. Attorneys Joshua Bearden and Frank Pennington.
Hartford Gang Member Sentenced to 8 Years in Federal Prison for Firearm Offenses Stemming from Gun BattleRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MIGUEL CLAUDIO, also known as “Mega,” 36, of Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 96 months of imprisonment, followed by five years of supervised release, for firearm offenses related to a shootout in Hartford’s South End in April 2017.
According to court documents and statements made in court, this matter stems from an investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department’s Vice and Narcotics Division targeting gang violence and narcotics trafficking in Hartford. The investigation revealed that Wilson Velez, also known as “Wiso,” a member of the Almighty Latin Kings Nation (“Latin Kings”), was distributing heroin and fentanyl. Velez employed family members and other Latin Kings members and associates to process, package and distribute the drugs from apartment buildings on Hamilton Street and Elliot Street in Hartford. During the investigation, law enforcement conducted multiple controlled purchases of narcotics from Velez and other members of the drug trafficking organization.
On April 28, 2017, Velez, Claudio and three other Latin Kings members were involved in a shootout after they confronted a rival drug dealer in the area of Franklin Avenue and Barker Street in Hartford. Claudio shot and wounded two individuals during the gunfire exchange, and was shot multiple times himself.
On May 1, 2018, a grand jury returned a 41-count indictment charging Velez, Claudio and eight other members and associates of the Latin Kings.
Claudio has been detained since his arrest on May 7, 2018. On March 8, 2019, he pleaded guilty to one count of conspiracy to carry and use a firearm in furtherance of a drug trafficking crime, and one count of brandishing a firearm during and in relation to a drug trafficking crime.
Claudio’s criminal history includes convictions for robbery and assault with a firearm.
Velez was arrested on federal narcotics offenses on December 7, 2017, and was subsequently released on bond. He has been detained since April 5, 2018, when his bond was revoked. On February 22, 2019, he pleaded guilty to one count of conspiracy to distribute one kilogram or more of heroin and/or 400 grams or more of fentanyl, and one count of conspiracy to use and carry a firearm in relation to, and furtherance of, a drug trafficking crime. He awaits sentencing.
The FBI Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Grand Island Man Sentenced to 100 Months’ Imprisonment for Methamphetamine DistributionRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Robert F. Rossiter, Jr. sentenced Javier Contreras-Rodriguez on July 12, 2019, to imprisonment for 100 months, to be followed by a 5-year term of supervised release. Contreras was convicted of distribution of methamphetamine, in violation of Title 21 U.S.C. § 846.
On March 22, 2017, in Grand Island, Nebraska, confidential informants acting at the direction of investigators conducted a controlled buy of approximately ½ ounce of methamphetamine from defendant. Investigators observed the transaction, during which Contreras sold approximately 19 grams of meth to the informants. Contreras’s prior criminal convictions include resisting arrest, felony robbery, DUI, additional felony narcotics distribution, and assault. All of these prior convictions factored into the 100-month sentence to imprisonment imposed by Judge Rossiter. Contreras ingested methamphetamine on his person at the time of his arrest, resulting in a brief period of hospitalization.
The case was investigated by the Central Nebraska Drug and Safe Streets Task Force, including the Adams Country Sheriff’s Office and the Nebraska State Patrol.
Four Cherry Hill Hillside Gang Members Sentenced to at Least 20 Years in Federal Prison—And A Fifth Sentenced to 14 Years in Federal Prison—For Racketeering Conspiracy ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell III this week sentenced Kevin Horsey, a/k/a What What, age 26; Terrell Luster, a/k/a Relly, age 30; Caesar Rice, age 27; and Michael Evans, a/k/a Pee Wee, age 25, all of Baltimore, to 20 years, 23 years, 22 years, and 14 years in federal prison, respectively, each followed by five years of supervised release, for conspiracy to participate in a racketeering enterprise related to their activities as members of the Hillside gang that operated in the Cherry Hill neighborhood of Baltimore. Horsey’s sentence was imposed on July 11, 2019. Evans, Luster, and Rice were sentenced today. A fifth Cherry Hill gang member, Christopher Dukes, age 27, of Baltimore, was sentenced on June 26, 2019, to 23 years in federal prison for his gang activities. The defendants admitted to participating in murders, attempted murders, robberies, and the distribution of narcotics.
The sentences were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
“These armed gang members showed little regard for life, using violence to hurt, to rob, and to kill while selling deadly drugs in our city. Defendant Dukes even tried to murder a police officer by hitting him with his car. We are relentless in pursuing and stopping this type of violence.” said U.S. Attorney Robert K. Hur. “These dangerous defendants now face lengthy terms in federal prison, where there is no parole—ever. Please, put down the guns and save a life—maybe even your own.”
According to their plea agreements, the defendants were members and associates of the Hillside Enterprise, which they knew distributed powder and crack cocaine, heroin, oxycodone and marijuana, primarily in the Cherry Hill Shopping Center, in other locations throughout Cherry Hill, and in west and southwest Baltimore City. The members of the Hillside Enterprise used the proceeds of their narcotics sales to purchase firearms, to enrich themselves, and to further the activities of the organization, including narcotics trafficking. Hillside members used residences in and around Cherry Hill to cut and package drugs for distribution, primarily heroin, powder cocaine, and crack. These locations included a house at 453 Roundview Road and an apartment at 2300 Terra Firma Road in Cherry Hill. Only trusted members of the Hillside Enterprise were admitted to these locations while the drugs were being prepared for sale. In an effort to distinguish their narcotics, Hillside members used colored topped vials or colored the drugs with food coloring. All five defendants admitted that they distributed drugs as a member of Hillside, and on behalf of the gang.
Members of the Hillside Enterprise routinely carried firearms and committed acts of violence in furtherance of the organization’s activities, including robberies, shootings, beatings, murders, and other violence in order to intimidate others who would interfere with their narcotics trafficking. Acts of violence were also committed to discipline members within the Hillside Enterprise for transgressions, real or perceived, against the conspiracy.
Hillside members and associates have been in a long-running dispute with persons not part of the gang, including Up Da Hill (“UDH”), the Lakebrook Circle Boys, and others. Members and associates of Hillside have routinely engaged in acts of violence, including murder, directed at members of these rival organizations, or persons who happen to be located on territory controlled by these rival organizations. The defendants all knew that these acts of violence, including the homicides, were committed by Hillside members and associates. For example, Horsey, Luster, Rice, and Evans all admitted that they participated in, or were present at shootings, generally of individuals whom they and their fellow Hillside members believed to be rival gang members. Dukes admitted participating in a murder, the attempted murder of a police officer (after he attempted to hit the officer with his car), and two shootings.
According to the ATF, a reward of $10,000 is available for information leading to the arrest of the final defendant in this case, fugitive Deaven Raeshawn Cherry, a/k/a Gotti, age 22, of Baltimore, who is charged federally with drug and racketeering conspiracies, including murders. He is actively being sought by ATF Baltimore Special Agents and the U.S. Marshals Service and should be considered armed and dangerous. Law enforcement believes he is likely still in Baltimore City or the counties surrounding it. Anyone with information should contact ATF at (888) ATF-TIPS, [email protected], text “ATFBAL” to 63975, or contact ATF via the mobile reportit® app. Co-defendant Travis Eugene Alewine, a/k/a Sticks, age 27, of Baltimore, who had been a fugitive for two years, was arrested on May 23, 2019, after law enforcement received a tip as to his whereabouts.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the ATF, the Baltimore Police Department, and the Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Patricia C. McLane and Michael C. Hanlon, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Fort Belknap man admits aggravated sex abuseRead the Press Release
GREAT FALLS – A Fort Belknap man admitted on Thursday to sexually abusing a girl on the Fort Belknap Indian Reservation, U.S. Attorney Kurt Alme said.
James Edward Snell, Jr., 42, pleaded guilty to aggravated sexual abuse. Snell faces a minimum mandatory 30 years in prison, a $250,000 fine and five years to life of supervised release.
U.S. District Judge Brian Morris presided and set sentencing for Oct. 24. Snell remains in custody.
Prosecutors said in court records that an investigation of Snell, and defendant Geneva Marie Nadeau, found photographs and videos of them in 2015 sexually abusing a girl, who was under the age of 12. Nadeau confirmed that Snell was in a photograph of a sex act involving the victim. Nadeau was sentenced in February to 22 years in prison and 15 years of supervised release after pleading guilty to aggravated sexual abuse.
Assistant U.S. Attorneys Ryan Weldon and Jared Cobell prosecuted the case, which was investigated by the FBI.
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Former U.S. Congressman Chaka Fattah, Sr., Resentenced to 10 Years of Incarceration for Corruption ConvictionsRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that former U.S. Congressman Chaka Fattah, Sr., 62, of Philadelphia, PA was resentenced to 10 years of incarceration by United States District Judge Harvey Bartle, III.
After a month-long trial in 2016, a federal jury found defendant Fattah and various co-defendants guilty of racketeering conspiracy, wire fraud conspiracy, honest services wire fraud conspiracy, mail fraud conspiracy, and multiple counts of mail fraud, falsification of records, mortgage fraud, and false statements to a financial institution. The criminal conduct of Fattah and his racketeering enterprise was organized around five corruption and fraud schemes: a loan repayment scheme, a Blue Guardians scheme, a college tuition scheme, a mortgage fraud scheme, and a fake conference scheme. For his role in these schemes, Fattah was sentenced after trial to 10 years of incarceration.
Both parties appealed. With regard to Fattah’s appeal, the Court of Appeals remanded for a new trial as to certain bribery and money laundering counts, concluding that the jury had not been properly instructed regarding “official acts” in a bribery context. (The government thereafter announced its intention not to retry those counts.) With regard to the government’s cross-appeal, the Court of Appeals reinstated certain counts that had been dismissed by the District Court post-trial. The case was then remanded for resentencing. Today, for these additional counts, Fattah was again sentenced to 10 years of incarceration.
“Let today serve as a warning to all public officials who allow greed or a thirst for influence to overpower any desire to serve the community honestly,” said First Assistant U.S. Attorney Williams. “If you are a corrupt official, we will investigate and convict you, and we will remain steadfast behind our prosecution until the last appeal is wrapped up and the final proceeding complete. Today’s sentencing illustrates the strength of our original case and the need to put Chaka Fattah behind bars for a very long time.”
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the Department of Justice Office of Inspector General, the NASA Office of Inspector General, the Department of Education Office of Inspector General, the Department of Commerce Office of Inspector General, and is being prosecuted by Assistant United States Attorneys Eric L. Gibson and Paul L. Gray. Jonathan Kravis, former Trial Attorney with the Criminal Division’s Public Integrity Section of the U.S. Department of Justice, also prosecuted this matter.
Former Operator of Bitcoin Investment Platform Sentenced for Securities Fraud and Obstruction of JusticeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JON E. MONTROLL, a/k/a “Ukyo,” was sentenced yesterday by U.S. District Judge Richard M. Berman to 14 months in prison.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Jon Montroll lied to his investors and, after his lies caught the attention of the SEC, lied to them, too. The sentence he received serves as a reminder that this Office will not overlook those who violate their obligation to be honest with investors and the regulators working to protect them.”
According to the Information, the allegations in the Complaint, and statements made during the proceedings in Manhattan federal court:
JON E. MONTROLL operated two online bitcoin services: WeExchange Australia, Pty. Ltd. (“WeExchange”) and BitFunder.com (“BitFunder”). WeExchange functioned as a bitcoin depository and currency exchange service. BitFunder facilitated the purchase and trading of virtual shares of business entities that listed their virtual shares on the BitFunder platform.
Between the launch of Bitfunder, in or about December 2012, and at least in or about July 2013, MONTROLL converted a portion of WeExchange users’ bitcoins to his personal use without the users’ knowledge or consent. For example, MONTROLL exchanged numerous bitcoins taken from WeExchange into United States dollars, then spent those funds on personal expenses, such as travel and groceries.
Beginning on or about July 18, 2013, MONTROLL promoted a security referred to as “Ukyo.Loan.” As described by MONTROLL in a public post about Ukyo.Loan, MONTROLL encouraged investors to “think of [Ukyo.Loan] as a sort of round-about investment” in BitFunder and WeExchange and, at the same time, described Ukyo.Loan as “a personal loan” and “for private investment purposes.” MONTROLL further promised to pay purchasers of Ukyo.Loan daily interest on their investment and promised shares could be “redeemed at face value anytime upon request.”
During the summer of 2013, one or more individuals (the “Hackers”) exploited a weakness in the BitFunder programming code to cause BitFunder to credit the Hackers with profits they did not, in fact, earn (the “Exploit”). As a result, the Hackers were able to wrongfully withdraw from WeExchange approximately 6,000 bitcoins, with the majority of those coins being wrongfully withdrawn between July 28, 2013, and July 31, 2013. As a result of the Exploit, BitFunder and WeExchange lacked the bitcoins necessary to cover what MONTROLL owed to users.
Notwithstanding the scope of the Exploit, MONTROLL failed to disclose the Exploit to users of BitFunder and WeExchange, or investors in Ukyo.Loan. Instead, MONTROLL continued to promote and sell Ukyo.Loan to customers and, on at least one occasion, falsely represented to customers that BitFunder was commercially successful. As a result of his omissions and misrepresentations, MONTROLL raised approximately 978 bitcoins through Ukyo.Loan after his discovery of the Exploit.
The SEC’s New York Regional Office began an investigation into BitFunder and the Exploit. During the course of the investigation, MONTROLL provided the SEC with a falsified screenshot purportedly documenting, among other things, the total number of bitcoins available to BitFunder users in the WeExchange Wallet as of October 13, 2013. Additionally, during sworn investigative testimony on both November 14, 2013, and October 6, 2015, MONTROLL provided materially false and misleading answers to certain questions about, among other things, the timing of MONTROLL’s discovery of the Exploit.
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In addition to a prison sentence, Judge Berman ordered MONTROLL, 38, of Saginaw, Texas, to serve three years of supervised release and to pay forfeiture in the amount of $167,480.
Mr. Berman praised the outstanding work of the Federal Bureau of Investigation. He also thanked the Securities and Exchange Commission, which previously filed civil charges against MONTROLL in a separate action.
The prosecution of this case is being overseen by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Andrew Thomas is in charge of the case.
Former NJDCP&P Employee Charged with Production of Child PornographyRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man who was previously employed by the N.J. Department of Child Protection and Permanency (NJDCP&P) was charged today for allegedly receiving, distributing and producing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Kayan Frazier, 27, of Somers Point, New Jersey, is charged by complaint with one count of producing visual depictions of a child engaged in sexually explicit conduct, one count of receipt of child pornography and one count of distribution of child pornography. Frazier is expected to appear this afternoon before U.S. Magistrate Judge Karen M. Williams in Camden federal court.
According to documents filed in this case and statements made in court:
After receiving a report of images of child sexual abuse distributed via Tumblr, law enforcement officers identified Frazier, who was then employed as a case worker at NJDCP&P, as the sender. On April 12, 2019, the Atlantic County Prosecutor’s Office obtained a search warrant for Frazier’s residence and, while executing the warrant, observed Frazier in the company of a minor. Law enforcement officers recovered thousands of additional images of child pornography on Frazier’s cellular telephone and other electronic media, which included images of the minor at his residence.
Frazier was arrested on April 15, 2019, by the Atlantic County Prosecutor’s Office and charged with child endangerment, and has been detained without bail.
The receipt and distribution of child pornography offenses each carry a mandatory minimum sentence of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine. The production of child pornography carries a mandatory minimum sentence of 15 years in prison, a maximum potential penalty of 30 years in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of FBI, Atlantic City Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the Atlantic County Prosecutor’s Office, under the direction of Prosecutor Damon Tyner; the Atlantic County Sheriff’s Office, under the direction of Sheriff Eric Scheffler; the N.J. State Police, under the direction of Col. Patrick J. Shanahan; and the N.J. Human Services Police with the investigation.
The government is represented by Assistant U.S. Attorney Diana Vondra Carrig of the U.S. Attorney’s Office’s Criminal Division in Camden.
The charges and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Former Manning Police Chief Pleads Guilty in Federal Court to Theft of Government Funds, Making a False StatementRead the Press Release
Charleston, South Carolina --- United States Attorney Sherri A. Lydon announced today that Gary B. Shaffer, 60, the former Chief of Police in Manning, has pleaded guilty in federal court to theft of federal funds and making a false statement.
Evidence presented to the court established that Shaffer was the Manning Chief of Police until August 2018. On September 12, 2015, Manning police officers performed a traffic stop in which they seized $80,800 from two individuals. That money should have been deposited into a City of Manning bank account with the Bank of Clarendon. On September 19, 2015, Shaffer began making large cash deposits into ATMs. By November 10, 2015, he had deposited approximately $78,514 into his personal accounts by way of cash ATM deposits.
In May 2016, a state court ordered the Manning Police Department to return a portion of the money to the individuals from whom the money was seized on September 12, 2015. On May 23, 2016, three official checks were issued from Shaffer’s personal accounts. The checks were made out to the attorney who represented the individuals to whom the money was supposed to be returned, and their total value was the exact amount that the state court had ordered to be returned.
During an interview in February 2017, Shaffer told an agent with the Federal Bureau of Investigation that the deposits were of money he had been saving for years from various sources. Shaffer admitted in federal court that this statement was false.
Shaffer faces a maximum penalty of 10 years in federal prison and a fine of $250,000. United States District Judge Bruce Howe Hendricks, of Charleston, accepted the guilty plea and will sentence Shaffer after receiving and reviewing a presentencing report prepared by the United States Probation Office.
The charges against Shaffer were the result of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Brook Bowers Andrews and William Camden Lewis of the Columbia office are prosecuting the case.
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Former Independence Tax Preparer Sentenced for Preparing 1,000 False ReturnsRead the Press Release
KANSAS CITY, Mo. – A Killeen, Texas, woman who formerly operated a tax preparation service in Independence, Missouri, was sentenced in federal court today for her role in a conspiracy that prepared more than 1,000 false tax returns that resulted in nearly $700,000 in fraudulent refunds.
Monique Hernandez, 52, was sentenced by U.S. Chief District Judge Beth Phillips to four years and six months in federal prison without parole. The court also ordered Hernandez to pay $129,748 in restitution.
Hernandez owned a tax preparation service, Complete Tax Service located in Independence, from 2013 to 2016. Hernandez and her daughter, co-defendant Robyne Warburton, 33, of Los Angeles, California, operated the business. Hernandez continued to prepare tax returns for the business when she moved to Texas in 2015.
On Feb. 21, 2019, Hernandez and Warburton each pleaded guilty to participating in a conspiracy to aid and assist in the filing of false tax returns. A sentencing hearing for Warburton will be on Aug. 30, 2019.
Hernandez and Warburton combined to cause a financial loss to the government of $692,000, conservatively estimated, from the 1,014 false tax returns associated with Complete Tax Service. However, interviews with tax clients specific to Hernandez alone confirmed a $129,748 loss.
Hernandez and Warburton filed false claims for inflated or false deductions or employee business expenses for their clients (such as commuter mileage, personal vehicle expenses, meals eaten during work, and charitable deductions). Hernandez and Warburton also encouraged clients to claim false “gross receipts or sales” on “Profit or Loss from Business” forms, in order to maximize the earned income tax credit. They also encouraged clients to claim non-eligible children as dependents.
After an undercover IRS agent confirmed the fraudulent nature of the tax preparation business, federal agents executed a search warrant at the office of Complete Tax Service on April 7, 2014. After the IRS executed a search warrant at their business, Hernandez and Warburton kept committing tax crimes for almost two more years, until January 2016, when the IRS revoked their tax preparation number.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS-Criminal Investigation.
Former Employee of D.C. School Sentenced to Six Years in Prison for Transporting Child PornographyRead the Press Release
A former Virginia resident was sentenced today to six years in prison, followed by 10 years of supervised release, for transporting child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia and Special Agent in Charge Matthew J. DeSarno of the FBI Washington Field Office’s Criminal Division made the announcement.
Paul Joseph Wilson, 49, was sentenced today by Senior U.S. District Judge T.S. Ellis III. According to admissions Wilson made in connection with his plea, in 2013, Wilson lived and worked at a school in Washington, D.C. While living in a dormitory at the school, Wilson downloaded child pornography from the Internet and subscribed to child-pornography-specific newsgroup services. Wilson later transported child pornography from D.C. to Virginia. Wilson also admitted to being a member of a child pornography website that operated over the dark web and to using the dark web to access and download images of children being sexually abused.
The case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force. Trial Attorney Kyle P. Reynolds of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Nathaniel Smith III of the Eastern District of Virginia 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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Background Investigator for Federal Government Sentenced for Making False StatementsRead the Press Release
WASHINGTON – Justin T. Yarbrough, 37, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), was sentenced today to five months in prison on one false statements charge in connection with his falsification of work on background investigations of federal employees and contractors.
U.S. Attorney Jessie K. Liu and Norbert E. Vint, Acting Inspector General for the Office of Personnel Management made the announcement today.
Yarbrough, of Tennessee, pled guilty on April 25, 2019, in the U.S. District Court for the District of Columbia to one count of making false statements. He was sentenced by the Honorable Timothy J. Kelly. As part of his plea agreement, he is required to pay $126,693.17 in restitution to OPM. Following his prison term, Yarbrough will be placed on three years of supervised release, with special conditions that include but are not limited to five months of home confinement (with the exception of leaving for work/school/religious obligations/etc.)
According to court papers, Yarbrough was employed by USIS, formerly known as U.S. Investigations Services, Inc., as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services, which is now known as the National Background Investigations Bureau (NBIB). NBIB conducts background investigations to determine suitability for federal positions of public trust, including positions having access to classified information and impacting national security. NBIB also conducts investigations for federal employees and contractors seeking security clearances.
Yarbrough admitted that, in conducting these investigations between June 2013 and May 2014, he falsely claimed to have interviewed a source or reviewed a record regarding the subject of the background investigation in roughly 20 investigation reports. For example, court papers state that Yarbrough falsely represented that he had conducted a rental records check on an applicant for a position of public trust with the U.S. Department of Justice.
Yarbrough acknowledged at his guilty plea hearing that his false representations required OPM’s Federal Investigative Services to reopen and rework background investigations that were assigned to him during the time period in which he falsified reports. The government estimated the cost of the recovery effort at more than $125,000 to the U.S. government.
NBIB, through its workforce of approximately 5,400 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. NBIB conducted more than 2.6 million investigations during the 2018 fiscal year. More than 787,557 of these investigations involved applicants for access or continued access to classified information.
NBIB has a robust integrity assurance program, which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by Yarbrough was detected through the program. This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. Approximately 25 other background investigators and record checkers have been convicted of charges similar to those brought against Yarbrough.
In announcing the sentence, U.S. Attorney Liu and Acting Inspector Vint praised the efforts Special Agent Natalie Bloom, of the OPM Office of the Inspector General, as well as Lead Investigator Jeffrey Addicks, Special Investigations Branch Chief Kevin Cassidy, and Integrity Assurance Executive Program Director Philip Kroop, of OPM-NBIB. They also acknowledged the work of Assistant U.S. Attorney Kathryn L. Rakoczy of the Fraud and Public Corruption Section, who investigated and prosecuted this matter, as well as former Assistant U.S. Attorney Ellen Chubin Epstein and former OPM OIG Special Agent Samuel Peyton, who both previously worked on the investigation of the matter.
Former Army Corps Employee Pleads Guilty to Lying to Law EnforcementRead the Press Release
A former employee of the United States Army Corps of Engineers pled guilty to making false statements to law enforcement agents.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Colonel Andrew D. Kelly, Jr., Jacksonville District Commander, U.S. Army Corps of Engineers, Cyndy A. Bruce, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office, Manny Antonaras, Deputy Special Agent in Charge, National Oceanographic and Atmospheric Administration (NOAA), Southeast Office of Enforcement, Andres Castro, Special Agent in Charge, Environmental Protection Agency Criminal Investigations Division (EPA- CID), Atlanta Area Office, and Frank Robey, Director, U.S. Army Criminal Investigation Command Major Procurement Fraud Unit (MPFU), made the announcement.
Tracey Jordan Sellers, 49, of Duval County, pled guilty to an Information containing one count of making a false official statement to federal law enforcement agents, in violation of 18 U.S.C. § 1001(a)(2). Sellers faces a maximum statutory penalty of five years and is scheduled to be sentenced by U.S. District Judge Cecilia M. Altonaga on September 19, 2019, in Miami.
“Tracey Jordan Sellers’s conduct undermined the integrity of the U.S. Army Corps of Engineers,” said U.S. Attorney Fajardo Orshan. “Together with our partner law enforcement agencies, we remain committed to defending the institutions of federal government.”
“We take this matter very seriously,” said Col. Andrew D. Kelly. “We have assisted the U.S. Attorney’s Office and federal investigators throughout their investigation. The defendant is no longer employed with the Corps. Her actions are not representative of the Corps and its values. Such conduct is never tolerated.”
According to the criminal Information and Joint Factual Statement filed with the Court, Sellers was a civilian employee of the U.S. Army Corps of Engineers’ Jacksonville District. A biologist, Sellers coordinated and advised on environmental issues related to Army Corps projects. Part of her responsibilities included planning and coordinating environmental requirements related to Army Corps projects and reviewing products from environmental consulting companies.
Federal ethics laws and regulations prohibit federal employees from engaging in outside employment that conflicts with employees’ official duties. From 2014 through February 8, 2019, while employed with the Army Corps, Sellers violated these laws and regulations by engaging in outside employment with a consulting company despite being part of a team that oversaw that company’s work for the Army Corps in relation to large dredging projects in South Florida.
In secret from her colleagues and management at the Army Corps, Sellers accepted offers of part-time employment from the consulting company. In November 2014, in October 2018, and in January 2019, the consulting company offered Sellers part-time work on three different projects with the company. Sellers accepted the offers from the consulting company, provided them her resume, entered into an independent consulting contract with them, and performed work on the projects for them. In an interview occurring in February 2019, Sellers falsely and willfully misled federal agents about her outside involvement with the consulting company. One of those false statements comprises the offense in the criminal Information.
Sellers no longer works for the Army Corps.
“Sellers ignored her oath and instead pursued personal profit from the same contractor whose work she reviewed,” said Cyndy Bruce Special Agent in Charge of the Defense Criminal Investigative Service, Southeast Field Office. “DCIS and its law enforcement partners are committed to strike against those who undermine and jeopardize the integrity of the DoD’s procurement process.”
“Ms. Sellers not only violated federal ethics laws but also the trust and confidence the U.S. Army places in our soldiers, civilian employees and contractors,” said Frank Robey, the director of the Major Procurement Fraud Unit for the U.S. Army Criminal Investigation Command. “The work that our Army does on a daily basis is vital to the success and security of our nation. Anyone who violates that trust by committing criminal acts will be fully investigated by our agents and our fellow law enforcement professionals.”
“Federal employees who oversee the environmental compliance of government contractors must be free of any conflicts of interest,” said Andres Castro, Special Agent in Charge of EPA’s criminal enforcement program in Florida. “This case shows that EPA and our federal partners are committed to protecting the integrity of federal contracts and safeguarding our nation’s natural resources.”
U.S. Attorney Fajardo Orshan commended the investigative efforts of the DCIS, NOAA, EPA-CID, and the MPFU. U.S. Attorney Fajardo Orshan also thanked the U.S. Army Corps of Engineers for its assistance. This case is being prosecuted by Assistant U.S. Attorney Jaime Raich.
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.
Fordham Sentenced to 72 Months in Federal Prison for Mail Fraud Scheme with More Than 1,693 VictimsRead the Press Release
SALT LAKE CITY – Daron Howell Fordham, age 50, of Las Vegas, Nevada, who pleaded guilty to six counts of mail fraud in connection with a scheme that defrauded more than 1,693 victims nationwide, will serve 72 months in federal prison. Many of the victims of the fraud are elderly and disabled.
Fordham pleaded guilty earlier this year to all counts included in an indictment returned by a federal grand jury in October 2018. The plea agreement included a stipulated sentence of 72 months in federal prison. U.S. District Judge Dee Benson also ordered Fordham to pay $1,834,033,14 in restitution in the case. The six victims of the mail fraud counts in the case are between 65 and 91 years old.
“Crimes against the elderly target some of the most vulnerable people in our society. No one is immune from these schemes,” U.S. Attorney John W. Huber said today. “We are continuing our efforts to help older adults and senior citizens recognize the signs of financial fraud schemes. This effort is one of the top priorities for the Department of Justice and my office.”
Fordham, aka Southboy, Daron Destiny, Paul Park, James Parker, Daron Howell and Darren Fordham opened a private mailbox at the UPS Store in Park City in May 2014, using the business name Park Publishers and Distributors. He requested that all mail received at the mailbox be forwarded to his address in California.He used the mail to send promotional materials to individuals throughout the United States, including residents of Utah. The mailers offered an opportunity to make money through a “direct partner program” called “Paul Park’s Profit Program” and listed the Park City mailbox as the company address for responses. Fordham’s mailers induced people to send money to the Park City mailbox. The mail was forwarded to Fordham in California. Other individuals made electronic payments.
Fordham made fraudulent claims and guarantees to induce individuals to invest, including “I’ll show you how you can earn up to 976% return (or more) on your money in less than 120 days… And without you even having to lift a finger to do work at all.” He also encouraged them to invest in the printing and mailing of “our hot-selling FREE CRUISE FOR TWO VOUCHERS (sample included with the letter) that are used by businesses all across the country.”
Fordham told investors “WE DO ALL THE WORK! You decide how many Mailing Spots you want now and you’ll receive your Principal Check and PROFIT Check in less than 90 days. Trust me. You’ll be upset if you miss this one.”
He told investors they could get more than a 1,000% return on their money by investing $500 and getting a return of $5,570.
After about six months, he closed the mailbox in Park City and disconnected the 1-800 number, leaving victims unable to reach him. He never sent them vouchers or returned any money he received from the victims, despite receiving heartfelt letters requesting a refund.
The six mail fraud counts of conviction relate to the Park City financial fraud scheme. Fordham. Fordham obtained at least $203,866.25 through the Park Publishers fraudulent promotional scheme.
In 2014, Fordham had at least eight different variations of this scheme ongoing using different names, private mailboxes, and phone numbers. He continued to operate his fraudulent schemes until his Nov. 9, 2018, arrest in Las Vegas. At the time of his arrest, law enforcement officers found an apartment full of promotional material similar to the Park Publishers scheme but with different variations. Fordham was operating schemes called “Monster Gift Cards” and “AGS Gift Cards.”
The total loss amount from his schemes is $1,834,003.14.
Assistant U.S. Attorneys in the Utah U.S. Attorney’s Office prosecuted the case. Inspectors with the U.S. Postal Inspection Service in Salt Lake City investigated the case.
Fishers residents indicted on terrorism and firearms chargesRead the Press Release
Indianapolis – Josh J. Minkler, United States Attorney for the Southern District of Indiana, announced today that a federal grand jury has charged brothers Moyad Dannon, 21, and Mahde Dannon, 20, both of Fishers, Indiana, with one count of attempting to provide material support and resources, including firearms, to the Islamic State of Iraq and al-Sham (“ISIS”), a designated Foreign Terrorist Organization, in violation of 18 U.S.C. § 2339B. The defendants are also charged with various firearms offenses. The federal indictment was handed down on July 2, 2019. The defendants have been in federal custody since their arrest on May 15, 2019, pursuant to a federal criminal complaint.
“National Security is a top priority for the Department of Justice,” said Minkler. “The United States Attorney’s Office is committed to prosecuting individuals who engage in international and domestic terrorism.”
This indictment is the result of a months-long investigation led by the FBI Indianapolis’ Joint Terrorism Task Force with assistance from the Fishers, Indiana, Police Department.
As alleged in last week’s Indictment and the previously-filed Criminal Complaint, in June of 2018, Mahde Dannon, who was awaiting trial on felony theft charges in Lake County, Indiana, hatched a scheme to deliver firearms, including stolen firearms, to a convicted felon who was cooperating with the FBI. The following month, Mahde Dannon introduced his brother Moyad Dannon to the cooperating individual, and the cooperating individual later introduced the Dannon brothers to an FBI agent who was acting in an undercover capacity.
Between July 2018 and December 2018, the Dannon brothers sold a number of illegally-obtained firearms to the cooperating individual. Around the same time period, the Dannon brothers also began to manufacture untraceable “ghost guns” by purchasing unserialized firearms parts online and assembling those parts into fully-functioning, .223 caliber, semi-automatic rifles, which they sold to the FBI undercover agent.
In late 2018, the Dannon brothers approached the cooperating individual and FBI undercover agent about manufacturing untraceable, fully-automatic, .223 caliber rifles, using much the same process they used to manufacture the semi-automatic rifles. In February of 2019, the Dannon brothers built one fully-automatic rifle which they provided to the FBI undercover agent.
Shortly thereafter, Moyad Dannon accompanied the undercover agent to a location near the U.S. southwest border in an effort to market that rifle, and additional fully-automatic rifles, to a potential buyer who was also cooperating with the FBI. During that trip, Moyad Dannon learned that the potential buyer sought to ship the fully-automatic weapons to a location in the Middle East, where they would be used by ISIS. Despite learning of the ultimate destination of the weapons, the Dannon brothers agreed to manufacture and sell at least 55 additional fully-automatic “ghost guns” to the buyer from the southwest border, believing those weapons would be shipped to the Middle East, to ISIS and its members.
In furtherance of that agreement, on May 15, 2019, Mahde and Moyad Dannon manufactured five untraceable, fully-automatic, .223 caliber rifles from parts they had purchased online. At that time, the Dannon brothers were fully aware that the plan was to send the five automatic rifles overseas to ISIS. After building the fully-automatic rifles, the Dannon brothers sold all five weapons to undercover FBI agents posing as employees of the buyer from near the southwest border. Almost immediately thereafter, the Dannon brothers were arrested by the FBI.
“This case is the first of its kind for the Federal Bureau of Investigation where you have individuals allegedly making guns to sell and/or send overseas to ISIS,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “This indictment paints a vivid picture of the rapid rise of homegrown violent extremism and the lengths people are willing to go to in their support of terrorist activity.”
Mahde and Moyad Dannon appeared in U.S. District Court in Indianapolis on Thursday, July 11, 2019, to be arraigned on the charges in the Indictment. The Dannons were previously ordered detained, without bond, pending a trial in this matter.
The Dannon brothers face a maximum of 10 years’ imprisonment on each of the firearms charges, and a maximum of 20 years’ imprisonment on the attempt to provide material support to ISIS charge. The charges in the indictment are allegations. The defendants are presumed innocent until proven guilty in court.
The prosecution of this case is being handled by Assistant United States Attorney Matthew Rinka, Chief of the National Security Unit in the U.S. Attorney’s Office, and Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.
Photograph #1
Photograph #1, above, depicts all of the firearms purchased from Mahde and Moyad Dannon during the course of the FBI JTTF investigation. The three rifle receivers in the left foreground of the picture were purchased by the Dannons in furtherance of their illegal firearms manufacturing scheme. The handgun receiver in the right foreground of the picture and the two piles of 7.62mm rifle ammunition in the middle of the table were seized during the execution of a federal search warrant at the Dannons' residence on May 15, 2019.
Photograph #2
Photograph #2, above, depicts .223 caliber rifles manufactured by Mahde and Moyad Dannon during the FBI investigation, including six fully-automatic weapons intended for shipment to the Middle East to support ISIS.
Federal Prosecutors Obtain Lengthy Prison Sentence Against Henderson Woman in Deadly Fentanyl Distribution CaseRead the Press Release
LAS VEGAS, Nev. – A Henderson, Nevada, resident who admitted to selling Fentanyl resulting in the overdose death of a person in 2017, was sentenced Thursday to 10 years in federal prison, announced United States Attorney Nicholas A. Trutanich for the District of Nevada and Assistant Special Agent in Charge Daniel Neill for the Drug Enforcement Administration.
Tianna Christina Cordova, 35, pleaded guilty in November 2018, to one count of distribution of a Fentanyl. She was charged in a superseding indictment in August 2018. In addition to the prison incarceration, United States District Judge Richard F. Boulware II, sentenced Cordova to 15 years of supervised release.
“This case serves as a deadly reminder of the dangers of Fentanyl,” said U.S. Attorney Trutanich. “In our continued effort to combat the opioid crisis in Nevada, the U.S. Attorney’s Office remains fully committed to the investigation and prosecution of fentanyl distributors.”
“This case highlights the community effort of the Clark County Coroner’s Office, Las Vegas Metro Police Department, and the US Attorney’s Office to bring justice to those who sell deadly poison to our community,” said Assistant Special Agent in Charge Neill.
According to court documents, Cordova used coded language in online advertisements to sell narcotics. She admitted that, on March 14, 2017, she sold an individual a controlled substance in the form of prescription pills that contained Fentanyl. After the person ingested the pills, the person died from multiple drug intoxication, namely from an overdose of Fentanyl, Acetyl Fentanyl, and Citalopram. Fentanyl is a synthetic opioid that is 80-100 times stronger than morphine and 50 times stronger than heroin. On June 21, 2018, during the execution of a search warrant at Cordova and co-defendant Robert James Thornburg’s residence, law enforcement found Oxycodone, Hydrocodone, Alprazolam, four firearms, and cash.
Co-defendant Thornburg is scheduled for a jury trial on August 26, 2019. He is charged with one count each of conspiracy to distribute Oxycodone and Amphetamine (Adderall), distribution of Oxycodone and Amphetamine (Adderall), distribution of Oxycodone, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person.
The case was investigated by the Drug Enforcement Administration, with assistance from the Clark County Coroner’s Office and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Andrew Duncan prosecuted the case.
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Federal Jury Finds Dubois Man Guilty of Filing False Joint Tax Returns by Intentionally Under-Reporting His and His Wife’s IncomeRead the Press Release
PITTSBURGH, PA. - After deliberating less than three hours, a federal jury of nine men and three women found Gary E. Mills guilty of three counts of filing false tax returns following a three-week trial, United States Attorney Scott W. Brady announced today.
Mills, of Dubois, PA, was tried before Senior United States District Judge Nora Barry Fischer in Pittsburgh, Pennsylvania.
"People who lie about their income on their taxes steal from the citizens of western Pennsylvania who work hard and play by the rules," said U.S. Attorney Brady. "My office is strongly committed to promoting compliance with federal tax laws, and will draw on all available law enforcement tools to identify, prosecute and punish tax cheats."
"This guilty verdict confirms that all income is taxable, no matter what the source of the income is" said Guy Ficco, Special Agent in Charge of IRS-Criminal Investigation. "The verdict should also be a message to others who may be considering not reporting all of their income and paying their fair share of taxes that they too could face criminal prosecution by doing so. The Special Agents of IRS-CI will continue to investigate and recommend prosecution against those who cheat the tax system and victimize the honest taxpayers."
The evidence presented at trial established that on April 15, 2015, April 15, 2014, and August 1, 2014, Mills filed false joint tax returns by intentionally under-reporting his and his wife’s income to the IRS. During the trial, evidence was presented that the Defendant’s wife embezzled $12.9 million from Matthews International from 1999 to 2015. The Defendant’s wife embezzled more than $4 million during the 2012-2014 tax years. The Defendant allegedly believed the monies came from gambling. However, in April 2012, the Defendant received a Notice of Deficiency from an IRS civil audit focused on the 2003-2007 tax years. The Notice of Deficiency informed the Defendant and his wife that he owed more than $930,000 in back taxes, penalties, and interest for the years in question. While litigating and settling this civil audit, the Defendant offset gambling winnings with gambling losses resulting in approximately $100,000 in taxable income for each of 2012, 2013, and 2014 tax years, which resulted in approximately $15,000 in taxes per year. During these years, the Defendant spent approximately $2.7 million dollars, which included a $600,000 yacht, another large recreational boat, and various luxury and recreational vehicles.
Judge Fischer scheduled sentencing for December 12, 2019 at 9:00 a.m. The law provides for a total sentence of nine years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shardul Desai prosecuted this case for the government.
Pending sentencing, the court continued Mills on bond.
The Internal Revenue Service and the U.S. Postal Inspection Service conducted the investigation that led to the prosecution of Mills.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. – United States Attorney Trent Shores announced today the results of the July 2019 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Miguel Angel Benitez. Unlawful Reentry of Removed Alien. Benitez, 51, of Tulsa, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Aug. 13, 2010, at Del Rio, Texas. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) and ICE- Enforcement and Removal Operations (ICE- ERO) are the investigative agencies.
Ricardo Bra-Torres and Jamie Lee Hughes. Methamphetamine with Intent to Distribute; Interstate Travel in Aid of Racketeering. Bra-Torres, 30, and Hughes, 33, both of Tulsa, are charged with possessing with intent to distribute 500 grams or more of methamphetamine. They are also charged with traveling from Oklahoma to Texas while possessing methamphetamine with intent to distribute and with distributing the drug. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies
Christopher Michael Cervantes. Attempted Coercion and Enticement of a Minor. Cervantes, 48, of Sperry, is charged with using the internet to attempt to coerce and entice a minor to engage in criminal sexual activity. The Tulsa Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies..
Levi Owen Handle. Fugitive in Possession of Firearms and Ammunition. Handle, 30, of Gravette, Arkansas, is charged with being a fugitive from justice and possessing a Mossberg 12-guage shotgun, a Ruger .22 caliber pistol, and ammunition. The Delaware County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Tyler Aaron Holmes. Felon in Possession of Firearm and Ammunition; Possession of Methamphetamine With Intent to Distribute; Possession of Firearm in Furtherance of a Drug Trafficking Crime. Holmes, 21, of Miami, is charged with being a felon in possession of a Sturm, Ruger & Co., Inc., .357 Magnum caliber revolver and associated ammunition. He is further charged with possession with intent to distribute methamphetamine and with possessing the .357 Magnum in furtherance of a drug trafficking crime. The Oklahoma Bureau of Narcotics and Dangerous Drugs; Delaware County Sheriff’s Office, Delaware County District Attorney’s Office, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative Agencies.
Jimmy Gene Kelly, Jr. Felon in Possession of Firearm. Kelly, Jr., 49, of Miami, is charged with being a felon in possession of a Savage 12-guage shotgun after having previously been convicted in federal court of second degree murder in 1992. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and U.S. Marshals Service are the investigative agencies.
Patricia Lee Kendall and Peggy Lee Larue. Concealment of Government Property (Two Counts). Kendall, 66, and Larue, 63, both of Sapulpa, are charged with aiding and abetting each other to illegally take and conceal government property in the form of money from the Social Security Administration in the aggregate value of $224,237 in Social Security income. They are also charged with aiding and abetting each other to illegally take and conceal government property in the form of money from the Department of Defense Military Retirement Fund in the aggregate value of $129,765 in military retirement funds. The Social Security Administration- Office of Inspector General and Department of Defense Criminal Investigative Service are the investigative agencies.
Johnny Xavier Mendez. Failure to Register as a Sex Offender. Mendez, 42, of Tulsa, is charged with failure to register as a sex offender. He allegedly did not register nor update his registration when he moved to Oklahoma in February 2015. The Tulsa Police Department and U.S. Marshals Service are the investigative agencies.
Alexander Payne. Drug Conspiracy. Payne, age unavailable, of Hemet, California, is charged with conspiring with others to possess with intent to distribute 500 grams or more of methamphetamine and with distributing 500 grams or more of methamphetamine. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies.
Rogelio Hernandez Rodriguez. Sexual Exploitation of a Child; Possession of Child Pornography. Rodriguez, 30, of Wagoner, is charged with sexually exploiting a child and inducing the minor to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct. Rodriguez is further charged with knowingly possessing and accessing with intent to view child pornography in one or more graphic image files and video files. The sexually graphic images were stored on hard drives and multiple SD cards and allegedly involved the use of at least one prepubescent minor and a minor that had not attained 12 years of age. The Wagoner Police Department and FBI are the investigative agencies.
Deandre Marcel Simon. Felon in Possession of Firearms. Simon, 28, of Tulsa, is charged with being a felon in possession of a Forjas Taurus S.A. .25 ACP caliber semi-automatic pistol and associated ammunition. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
David Jason Thomas. Felon in Possession of Firearm and Ammunition. Thomas, 46, of Vinita, is charged with being a felon in possession of a Glock, 9 x 19 caliber pistol and ammunition. The Delaware County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Corey Daniel Vessar. Attempted Coercion and Enticement of a Minor. Vessar, 30, of Skiatook, is charged with using the internet to attempt to coerce and entice a minor to engage in criminal sexual activity. The Tulsa Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.
Thomas Kyle Williams. Attempted Coercion and Enticement of a Minor; Receipt of Child Pornography; Possession of Child Pornography. Williams, 40, of Sand Springs, is charged with knowingly attempting to persuade a minor to engage in sexual activity. He is further charged with knowingly receiving child pornography and is also charged with possessing child pornography on one or more image files and video files. The Tulsa Police Department and FBI are the investigative agencies.
Shelvon Williams. Felon in Possession of a Firearm and Ammunition. Williams, 25, of Tulsa, is charged with being a felon in possession of Glock 21 pistol and ammunition. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Ex-Beverly Hills Stockbroker Convicted of Securities Fraud in $200 Million Portfolio-Pumping Stock Manipulation SchemeRead the Press Release
LOS ANGELES – A former Beverly Hills stockbroker who worked with fugitive hedge fund manager Florian Homm was found guilty by a jury late this afternoon of 18 federal criminal charges for participating in a stock manipulation scheme designed to pump up the reported profits of hedge funds that fraudulently caused investors approximately $200 million in losses.
Todd Ficeto, 52, of Marion, Ohio, was found guilty after a 17-day jury trial. The jury found Ficeto guilty of one count of conspiracy to commit securities fraud and wire fraud, seven counts of securities fraud, two counts of investment adviser fraud, one count of money laundering conspiracy, five counts of unlawful money transactions, one count of obstruction of justice, and one count of making false statements.
Ficeto was the president of a Beverly Hills-based broker-dealer, Hunter World Markets, which he co-owned with Florian Wilhelm Jürgen Homm, who was first indicted in March 2013 on charges of securities fraud and wire fraud after he was arrested in Italy. Homm later fled to Germany and is a fugitive from justice. Homm was the founder and chief investment officer of Absolute Capital Management Holdings (ACMH), a Cayman Islands-based investment advisor that operated from Palma de Majorca in Spain and managed eight hedge funds (the Absolute Funds).
Between September 2004 and September 2007, Homm directed the Absolute Funds to buy billions of shares of thinly traded, United States-based “penny stocks” through Hunter World Markets that Ficeto located and brought to Homm through investment banking deals. Ficeto then facilitated the manipulative stock purchases and caused millions of shares of the same penny stocks to be given to Homm, Hunter World Markets, and CIC Global Capital, which was controlled by co-defendants Colin Heatherington, of Port Alberni, British Columbia, Canada; and Craig Heatherington, of Queensland, Australia.
Ficeto, Homm, and other co-conspirators fraudulently manipulated the penny stocks to inflate and artificially prop up their prices to exaggerate the purported profitability of the Absolute Capital hedge funds. As a result, the co-conspirators were able to sell their own shares of the penny stocks at the inflated prices to the hedge funds. The stock price inflation also served to fraudulently overstate the performance of the hedge funds which, in turn, generated substantial performance fees and other compensation for defendant Homm and his co-conspirators. The co-conspirators then used the inflated performance figures to induce investments from unsuspecting victim-investors.
Ficeto and his co-conspirators worked together in an elaborate conspiracy to launder the illicit proceeds throughout the world.
Ficeto also engaged in unlawful monetary transactions by sending nearly $10 million of illicit proceeds to an account in the Cook Islands days before his testimony before the Securities and Exchange Commission, and then lied to the SEC about the Cook Islands account. Ficeto also used a hedge fund called the Hunter Fund, in which the Absolute Funds invested and also was used to conceal investments by the Absolute Funds in the penny stocks and to manipulate the stock market.
As the scheme unraveled, Homm abruptly resigned from the firm in the middle of the night on September 18, 2007, according to court documents.
In March 2013, Homm was taken into custody in Italy after being arrested at the Uffizi Gallery in Florence. Homm was arrested pursuant to a provisional arrest warrant sought by federal prosecutors in Los Angeles after they filed a criminal complaint containing charges related to the alleged fraud scheme. The United States sought Homm’s extradition to the United States and he was ordered extradited by the Italian Ministry of Justice, but Homm ultimately was released and is believed to have fled to Germany, where he remains a fugitive.
Colin Heatherington is in Canada and facing extradition to the United States.
United States District Judge Virginia A. Phillips has scheduled an October 7 sentencing hearing for Ficeto. Each charge of conspiracy to commit securities fraud and securities fraud carry a statutory maximum penalty of 25 years in federal prison. The money laundering charges each carry a maximum penalty of 10 years in federal prison. Each charge of investment adviser fraud, obstruction of justice, and false statements carry a maximum statutory penalty of five years in federal prison.
This matter was investigated by Federal Bureau of Investigation. The United States Securities and Exchange Commission, and the Financial and Regulatory Authority provided assistance to the FBI’s investigation.
This case is being prosecuted by Assistant United States Attorneys Cassie D. Palmer of the Public Corruption and Civil Rights Section, Scott Paetty of the Major Frauds Section, and Ian V. Yanniello of the General Crimes Section.
Estados Unidos extradita a ex Ministro de Agricultura de Colombia condenado por peculado y contratación ilegal del gobiernoRead the Press Release
WASHINGTON - Estados Unidos extraditó hoy a Andrés Felipe Arias Leiva, quien fue Ministro de Agricultura y Desarrollo Rural de Colombia de 2005 a 2009, para enfrentar una sentencia de prisión en ese país basada en una condena del 2014 por la Corte Suprema de Colombia por dos delitos cometidos mientras Arias desempeñaba un cargo público.
El Asistente del Fiscal General Brian A. Benczkowski de la División de lo Penal del Departamento de Justicia de Estados Unidos y la Fiscal Ariana Fajardo Orshan del Distrito Sur de Florida hicieron el anuncio.
“La extradición de Andrés Arias es un testimonio del compromiso de Estados Unidos con las obligaciones de nuestro tratado de extradición y la fortaleza de nuestra cooperación con Colombia para hacer cumplir la ley,” dijo el Asistente del Fiscal General Benczkowski. “Agradezco al equipo de la Oficina de Asuntos Internacionales y a la Fiscalía General de Estados Unidos para el Distrito Sur de Florida por sus incansables esfuerzos durante años para asegurar que Arias cumpla su condena en Colombia.”
“Los fiscales federales adjuntos para el Distrito Sur de Florida, junto con los abogados de la Oficina de Asuntos Internacionales del Departamento, han trabajado arduamente para asegurar que el ex funcionario del gobierno colombiano Andrés Arias sea extraditado de regreso a su país de origen para cumplir una sentencia impuesta por el más alto tribunal de esa nación,” dijo la Fiscal Federal Fajardo Orshan. “Estamos agradecidos por la dedicación del Fiscal Federal Auxiliar de Estados Unidos Robert J. Emery y el Director Asociado Christopher J. Smith y la Procuradora de Primera Instancia Rebecca A. Haciski de la Oficina de Asuntos Internacionales de la División de lo Penal del Departamento De Justicia por su trabajo para hacer que esto sea posible. Nuestra Oficina se compromete a defender el estado de derecho y garantizar que se haga justicia de manera adecuada para todas las partes.”
Arias, ciudadano de Colombia que ingresó a los Estados Unidos en 2014 y residía en Weston, Florida, fue condenado el 16 de julio de 2014 por la División de Casación Penal de la Corte Suprema de Justicia de Colombia por dos delitos, peculado por apropiación a favor de terceros, en violación del artículo 397 del Código Penal colombiano y celebración de contratos sin el cumplimiento de los requisitos legales, en violación del artículo 410 del mismo código. Arias estuvo presente y representado por un abogado en su juicio en Colombia y, tras su condena, el tribunal colombiano lo condenó a cumplir 209 meses de prisión. Como se detalla en la decisión de 193 páginas emitida por la Corte Suprema de Justicia de Colombia, la conducta delictiva de Arias se relacionó con el desvío de fondos dentro del programa Argo Ingreso Seguro del gobierno colombiano, que fue responsable de implementar durante su mandato como Ministro de Agricultura y Desarrollo Rural, un cargo a nivel de gabinete en el poder ejecutivo de Colombia, desde 2005 hasta 2009.
Estados Unidos respondió a una solicitud de extradición de Arias presentada por la República de Colombia, que Arias impugnó enérgicamente tanto en el Distrito Sur de Florida como en el Tribunal de Apelaciones de Estados Unidos para el Undécimo Circuito.
El 28 de septiembre de 2017, un juez magistrado de EE. UU. en el Distrito Sur de Florida dictaminó que Arias podría ser extraditado a Colombia para cumplir la sentencia basándose en su condena. Luego, Arias presentó una petición de recurso de habeas corpus, que el tribunal de distrito para el Distrito Sur de Florida denegó el 5 de octubre de 2018. Arias apeló esa decisión ante el Undécimo Circuito. Tras una extensa sesión informativa y argumentativa, el litigio culminó el 8 de julio de 2019, cuando el tribunal de apelaciones rechazó los argumentos de Arias contra la extradición. De acuerdo con las opiniones del Departamento de Estado de EE. UU. y los 40 años de práctica de extradición entre Estados Unidos y Colombia, el tribunal de apelaciones afirmó que el tratado de extradición entre los dos países sigue en plena vigencia.
Luego de una revisión exhaustiva del caso de Arias, el Departamento de Estado emitió una orden para la entrega de Arias a las autoridades colombianas. Hoy, el Servicio de Alguaciles de Estados Unidos ejecutó esa orden, transportó a Arias a Colombia y lo entregó a la custodia de las autoridades colombianas. La extradición de Arias se da por finalizada.
Los procedimientos de extradición y el subsiguiente litigio de apelación fueron manejados por el Director Asociado Christopher J. Smith y la Procuradora de Primera Instancia Rebecca A. Haciski de la Oficina de Asuntos Internacionales de la División de lo Penal, y los Fiscales Federales Auxiliares Robert J. Emery y Emily M. Smachetti del Distrito Sur de Florida con el apoyo de innumerables abogados y especialistas en asuntos internacionales en la Oficina de Asuntos Internacionales de la División de lo Penal.
Engineering Firm Owner Convicted of Bribing Washington Township OfficialsRead the Press Release
An owner of an engineering firm, Fazullah Khan, 58, of Troy, was convicted today by a jury on all four counts of bribery with which he was charged, United States Attorney Matthew Schneider announced.
Schneider was joined in the announcement by Timothy R. Slater, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation.
The five day trial was conducted before United States District Judge Robert H. Cleland in Port Huron, Michigan. The jury deliberated approximately an hour and a half before returning their guilty verdicts.
According to evidence presented at trial, in 2014, Khan bribed one public official of Washington Township with $10,000 in cash in return for a million dollar per year engineering contract, and another public official there with a secret financial interest in a property development deal worth hundreds of thousands of dollars for his assistance with the contract and efforts to get water and sewer lines to Khan’s property. Unbeknownst to Khan, both township officials that he was trying to bribe were working with the FBI.
“Our office is continuing our battle against bribery and corruption every day, and the jury’s guilty verdict shows the people of Michigan won’t stand for this corruption, either,” United States Attorney Matthew Schneider stated.
This case is part of the government’s wide-ranging corruption investigation centered in Macomb County, Michigan. The investigation of this case was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys R. Michael Bullotta and Steven Cares.
The conviction of Khan brings to 22 the number of individuals convicted in this corruption investigation.
Each of the four bribery charges carries a maximum sentence of 10 years’ imprisonment and a fine of $250,000 Khan is scheduled to be sentenced by Judge Cleland on November 28, 2019