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Thursday 30 May 2019
Dallas Men Charged with Hate Crimes, Kidnapping, and Conspiracy after Targeting Gay Men for Violent CrimesRead the Press Release
WASHINGTON – Daniel Jenkins, 20, and Daryl Henry, 22, were charged by a federal grand jury in a superseding indictment unsealed yesterday with conspiracy to commit hate crimes, kidnapping, and carjacking, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney Erin Nealy Cox for the Northern District of Texas, and FBI Special Agent-in-Charge Matthew DeSarno of the Dallas Division. Mr. Jenkins and Mr. Henry were also charged with hate crimes and kidnapping. Additionally, Mr. Jenkins was charged with carjacking and brandishing a firearm during crimes of violence.
According to the 15 count indictment—which supersedes a previously filed indictment—members of the conspiracy used Grindr, a dating app for LGBT people, to create fake profiles and pose as gay men interested in “dates” to lure gay men to an apartment complex in Dallas, Texas, in order to commit violent crimes against them, including kidnapping, assault, robbery, and carjacking. Members of the conspiracy forced the victims at gunpoint to relinquish their possessions, including their wallets, money, car keys, cars, drivers’ licenses and identification cards, credit and debit cards, and cellular telephones.
According to the indictment, the conspirators used Grindr to lure nine victims to an apartment complex in Dallas from Dec. 6, 2017, through Dec. 11, 2017. On Dec. 11, 2017, the conspirators held five victims against their will in an apartment at the complex. Four of the victims were physically assaulted, three were sexually assaulted, and some victims were called gay slurs. A conspirator also urinated and wiped human feces on at least one victim. The indictment further alleges that Jenkins and Henry caused bodily injury to four victims because of their actual and perceived sexual orientation. The indictment charges both Jenkins and Henry with kidnapping these four victims and Jenkins with kidnapping two additional victims, carjacking two victims, and using a firearm in connection with the carjackings.
An indictment is merely an accusation, and the defendants are presumed innocent unless and until proven guilty. If convicted, both defendants face a maximum statutory penalty of life in prison for the hate crime and kidnapping charges, five years for the conspiracy charge, and a fine of up to $250,000 with respect to each charge. Jenkins also faces up to 15 years for the carjacking charges and a mandatory minimum of at least seven years in prison, plus a $250,000 fine for each firearms charge.
The FBI’s Dallas Field Office conducted the federal investigation with the assistance and cooperation of the Dallas Police Department. Assistant U.S. Attorney Nicole Dana of the Northern District of Texas and Trial Attorneys Rose E. Gibson and Kathryn E. Gilbert of the Department of Justice’s Civil Rights Division are prosecuting the case.
Crime Reduction Initiative to Focus on the City of StatesvilleRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced today that the U.S. Attorney’s Office is partnering with the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Statesville Police Department to implement a crime reduction strategy in the City of Statesville, that focuses enforcement efforts on the area’s most violent offenders. In addition to increased federal prosecutions, the strategy calls for partnering with local prevention and reentry programs to increase community safety.
“Project Safe Neighborhoods (PSN) is the centerpiece of the Justice Department’s strategy to reduce violent crime,” said U.S. Attorney Murray. “PSN’s multi-faceted approach enables us to work with ATF and the Statesville Police Department to assess the needs of the community and implement a crime reduction strategy that is truly impactful. PSN calls for identifying and removing repeat and violent criminals off the streets through federal prosecution to bring immediate relief to the community. Going beyond that, we will work with Statesville PD and community stakeholders to collaborate on a holistic approach to reduce violent crime.”
“ATF appreciates the great working relationship with the U.S. Attorney’s Office and the Statesville Police Department. We are committed to removing repeat and violent offenders from the streets of Statesville to keep the community safe. This collaborative effort displays what the law enforcement community can accomplish when we work together. It also displays ATF’s firm commitment to the Department of Justice’s Project Safe Neighborhoods initiative,” said Ben Gibbons, ATF’s Acting Special Agent in Charge.
“The Statesville Police Department is committed to increasing the quality of life for all citizens in our community. In continuing with maintaining our dedication to the City of Statesville, we must address the violent criminals impacting our children and harming our residents. Our partnership is a beneficial and necessary relationship to address the crime complaints within our jurisdiction,” said Chief David W. Addison of the Statesville Police Department.
Enforcement Actions
On May 23, 2019, a federal grand jury sitting in Charlotte returned the following three federal indictments:
Matthew Charles Wesley, 32, and Melita Desiree Nesbit, 36, both of Statesville, are charged with conspiracy to distribute and to possess with intent to distribute methamphetamine and aiding and abetting, and possession of a firearm in furtherance of a drug trafficking crime. Wesley is also charged with one count of possession of a firearm by a felon. Both Wesley and Nesbit were arrested today. ATF and Statesville PD investigated the case. The prosecution is handled by Assistant United States Attorney Lambert Guinn.
Keyon Shaqual Miller, 29, of Statesville, is charged with two counts of distribution and possession with intent to distribute crack cocaine. He is also charged with three counts of possession of a firearm by a felon, for illegally possessing one SKS rifle and three semi-automatic pistols. Miller was arrested by law enforcement today. The investigation was led by ATF, the North Carolina State Bureau of Investigation, the Statesville Police Department, and the Iredell County Sheriff’s Office. Assistant United States Attorney Christopher Hess is in charge of the prosecution.
Anthony Jerod Ravenell, 27, of Statesville, is charged with three counts of possession of a firearm by a felon, for illegally possessing five firearms on three different occasions, including three revolvers and two pistols. Ravenell is currently in state custody and will be transferred to federal custody to appear in court on the federal charges. ATF and Statesville PD investigated the case. The prosecution is handled by Assistant United States Attorney Lambert Guinn.
The charges contained in the indictments are allegations. The defendants are presumed innocent unless and until they have been proven guilty beyond a reasonable doubt in a court of law.
Devin Robert Lee Tate, 33, of Statesville, was sentenced today to 46 months in prison for a firearms offense. According to today’s sentencing hearing, over the course of a traffic stop law enforcement determined that Tate possessed a loaded firearm. Tate attempted to flee from the scene but was apprehended a short time later. Court records show that Tate has a prior conviction and is therefore prohibited from possessing firearms and/or ammunition. In addition to the prison term imposed, Tate was also ordered to serve two years under court supervision after he is released from prison. ATF and the Iredell County Sheriff’s Office investigated the case. Assistant United States Attorney Robert Gleason handled the prosecution.
These cases were 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.
For more information about PSN, please visit: https://www.justice.gov/usao-wdnc/project-safe-neighborhoods-psn.
Connecticut Man Pleads Guilty to Conspiracy to Transport Stolen GoodsRead the Press Release
CONCORD - James Falk, 38, of Preston, Connecticut, pleaded guilty in federal court to participating in a conspiracy to transport stolen goods, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, between approximately April of 2018 and approximately December of 2018, Falk conspired with other persons to steal high-value items from large retail stores throughout New England and send the items to a person associated with an online marketplace for eventual sales to online customers.
To carry out the conspiracy, Falk and another individual entered large retail stores, chose high-value items (such as thermostats, alarm systems, electronics, hardware, and tools), and left the stores without paying for all of the items. To steal goods inside the stores, Falk and another individual hid stolen goods in larger boxes and containers. In addition, Falk and another individual used containers that caused radio frequency interference in an attempt to defeat the stores’ security alarm sensors. Falk and another individual shipped stolen goods to an address in Maplewood, New Jersey, for eventual sale to online consumers. Falk and another individual later received payments for the stolen items.
Falk was arrested by the New Hampshire State Police on September 13, 2018, in Keene, New Hampshire, in possession of stolen goods worth more than $5000. In total, the victim stores lost approximately $54,000 as a result of the scheme.
Falk is scheduled to be sentenced on September 13, 2019.
“Interstate theft and fraud are serious crimes,” said U.S. Attorney Murray. “We will remain vigilant in our efforts to protect businesses and consumers in the Granite State from such wrongdoing. I want to thank the law enforcement officers whose work put an end to this criminal scheme.”
This matter was investigated by the New Hampshire State Police and the United States Department of Commerce. The case is being prosecuted by Assistant U.S. Attorney John Davis.
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Clay County Woman Sentenced for FEMA FraudRead the Press Release
CHARLESTON, W.Va. – A Clay County woman was sentenced for embezzling federal FEMA disaster benefits, announced United States Attorney Mike Stuart. Pamela Taylor, 57, was sentenced to 10 months in prison, 2 months of home confinement, and a $10,000 fine for making multiple false statements to FEMA and causing the agency to provide her with over $18,000 in fraudulent, undeserved benefits. Taylor has already paid $18,149.04 in restitution. Stuart commended the investigative efforts of the United States Department of Homeland Security – Office of Inspector General (DHS-OIG) and the West Virginia Commission on Special Investigations.
“There’s no such thing as a little bit of FEMA fraud. Taylor’s fraudulent scheme took FEMA dollars away from those who needed it the most,” said United States Attorney Mike Stuart. “Federal disaster benefits are critical to rebuilding infrastructure, homes and lives – not for lining the pockets of individuals who suffered no loss. As I stated earlier this month, you can rest assured that my office is working with appropriate federal agencies to investigate the issues of disaster relief, and the use of federal funds related to the historic 2016 floods. Any party that abused their position of authority, violated the public trust, or misused taxpayer dollars will be held accountable.”
“Defrauding federal programs is always an egregious act. Disaster relief fraud is even more serious because of the limited nature of the funds intended to assist Americans in their time of greatest need,” said Special Agent in Charge Mark Tasky of DHS-OIG. “DHS-OIG is pleased to have worked this investigation jointly with the West Virginia Commission on Special Investigations and the United States Attorney’s Office for the Southern District of West Virginia to show the good people of West Virginia that justice has been served upon Taylor, who knowingly and willfully disregarded federal laws to personally enrich herself at a time when many people affected by this disaster were just trying to survive.”
Taylor admitted that she falsely registered for Federal Emergency Management Agency (FEMA) disaster benefits after the June 2016 flood in Clay County, West Virginia. Taylor claimed that her primary residence was damaged by the flood and that she was staying in a rental unit after the flood. In fact, her primary residence was undamaged, and she still resided there. Due to her false statements, she received more than $18,000 in FEMA benefits to which she was not entitled.
United States District Court Judge the Honorable Irene C. Berger presided over the sentencing hearing. Former Assistant United States Attorney Meredith George Thomas and Assistant United States Attorneys Philip Wright and Stefan Hasselblad handled the prosecution.
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City of Chicago Alderman Indicted on Federal Racketeering and Bribery Charges in Connection with Alleged Corruption SchemesRead the Press Release
CHICAGO — A federal grand jury today indicted City of Chicago Alderman EDWARD M. BURKE on racketeering and bribery charges for allegedly abusing his position to solicit and extort private legal work and other benefits from companies and individuals with business before the city.
The 19-count indictment accuses Burke of corruptly soliciting work for his private law firm from companies involved in redevelopment projects at the Old Main Post Office in downtown Chicago and a fast food restaurant in Burke’s ward on the Southwest Side. It also alleges that he corruptly attempted to assist a business owner with a development on the Northwest Side shortly after the business owner told Burke that he would engage Burke’s law firm. The firm, Klafter & Burke, specialized in seeking property tax reductions for corporate clients.
The charges also allege that Burke threatened to oppose a Chicago museum’s admission fee increase because the museum failed to respond to Burke’s inquiry about an internship at the museum for a child of Burke’s friend.
The indictment was returned today in U.S. District Court in Chicago. It charges Burke, 75, of Chicago, with one count of racketeering, two counts of federal program bribery, two counts of attempted extortion, one count of conspiracy to commit extortion, and eight counts of using interstate commerce to facilitate an unlawful activity.
The indictment also charges two other individuals: PETER J. ANDREWS, an employee in Burke’s 14th Ward office; and CHARLES CUI, a Chicago real estate developer. Andrews is accused of conspiring with Burke to extort the operator of the fast food restaurant, while Cui allegedly steered private legal work to Burke in an effort to influence and reward the alderman in connection with permitting and tax increment financing for the Northwest Side development. Andrews, 69, of Chicago, is charged with one count of attempted extortion, one count of conspiracy to commit extortion, two counts of using interstate commerce to facilitate an unlawful activity, and one count of making a false statement to the FBI. Cui, 48, of Lake Forest, is charged with one count of federal program bribery, three counts of using interstate commerce to facilitate an unlawful activity, and one count of making a false statement to the FBI.
Arraignments for Burke and Andrews are scheduled for June 4, 2019, at 10:00 a.m., before U.S. Magistrate Judge Jeffrey Cole. Arraignment for Cui has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI. The City of Chicago Inspector General’s Office and the Amtrak Office of Inspector General provided valuable assistance. The government is represented by Assistant U.S. Attorneys Amarjeet Bhachu, Diane MacArthur, Matthew Kutcher, Sarah Streicker and Timothy Chapman.
The public is reminded that an indictment is 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.
Racketeering, attempted extortion, and conspiracy to commit extortion are each punishable by up to 20 years in prison. Federal program bribery is punishable by up to ten years. Using interstate commerce to promote unlawful activity and making a false statement to the FBI are each 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.
Cedar Rapids Man Sentenced to Probation for Using a Phone to Facilitate a Heroin DealRead the Press Release
A man who used a cell phone to facilitate a drug deal was sentenced on May 28, 2019, to three years’ probation.
Myles Schwitzer, age 38, from Cedar Rapids, Iowa, received the prison term after a December 21, 2018 guilty plea to one count of using a communications facility to commit a felony drug crime.
At the guilty plea, Schwitzer admitted he utilized a cellular telephone to help commit the felony crimes of possession of heroin and attempted possession of heroin.
Schwitzer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Schwitzer was sentenced to 3 years’ probation and fined $2,500.
The case was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement, and prosecuted by Special Assistant United States Attorney Patrick Greenwood and Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00107-CJW-MAR.
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Cedar Rapids Man Sentenced to Nearly Two Years in Federal Prison for Escape from a Halfway HouseRead the Press Release
A Cedar Rapids man who escaped from federal custody at the Gerald R. Hinzman Center in Cedar Rapids, Iowa, in 2018 was sentenced today to serve 22 months in federal prison.
Alan Ault, age 45, from Cedar Rapids, Iowa, received the prison term after a January 29, 2019 guilty plea to one count of escape from federal custody and a May 30, 2019 admission that he also violated the terms of his supervised release from a 2004 federal drug and firearm conviction by escaping from custody and committing other violations of his supervised release.
At the guilty plea and during the supervised release revocation hearing, Ault admitted he escaped from the Gerald R. Hinzman Center on March 27, 2018, where he was completing the last months of a twenty-year federal drug sentence. Ault was originally sentenced on January 13, 2005, and was moved to the Gerald R. Hinzman Center in Federal Bureau of Prisons custody in September of 2017. The Northern Iowa Fugitive Task Force arrested Ault in Cedar Rapids on August 27, 2018.
Ault was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Ault was sentenced to serve 14 months’ imprisonment for his supervised release violation and an additional, consecutive term of 8 months’ imprisonment for the new escape charge. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Ault is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the United States Marshal’s Service and the Northern Iowa Fugitive Task Force. Court file information at https://ecf.iand.uscourts.gov/. The case file numbers are 18-CR-00111 and 04-CR-0045.
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Brockton Man Convicted of Possession of Child PornographyRead the Press Release
BOSTON – A Brockton man was convicted today in federal court in Boston of possession of child pornography.
Alex Levin, 52, was convicted following a four-day jury trial of one count of possession of child pornography. U.S. District Court Judge William G. Young scheduled sentencing for Sept. 11, 2019.
In August 2015, a search warrant was executed at Levin’s Norwood residence following a nation-wide investigation into the use of the Dark Web for the trade of child pornography. As a result of the search, agents located videos and images depicting the rape and abuse of young children on Levin’s computer.
Levin faces a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Boston Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Bridgeport Man Charged with Trafficking Cocaine through the U.S. MailRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Joseph W. Cronin, Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that a federal grand jury in New Haven returned a three-count indictment yesterday charging MIGUEL ANGEL MENDEZ-URENA, 34, of Bridgeport, with cocaine trafficking offenses.
As alleged in court documents and statements made in court, Mendez-Urena coordinated the shipment of cocaine through the U.S. Mail from Puerto Rico to various locations in Bridgeport, and the shipment of drug proceeds to individuals in Puerto Rico.
On May 15, 2019, Mendez-Urena was arrested on a federal criminal complaint after he accepted delivery of a parcel containing approximately 500 grams of cocaine that had been mailed from Puerto Rico.
The indictment charges Mendez-Urena with one count of conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine, which carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life; one count of possession with intent to distribute cocaine, which carries a maximum term of imprisonment of 20 years, and one count of using the U.S. Mail to distribute the proceeds of unlawful activity, which carries a maximum term of imprisonment of five years.
Mendez-Urena has been detained since his arrest.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Postal Inspection Service and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.
Batavia Man Pleads Guilty to Being A Felon in PossessionRead 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 Charles Williams, 40, of Batavia, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that late in the evening on July 19, 2017, Genesee County Sheriffs Drug Task Force Officers observed the defendant operating a vehicle. An investigator initiated a traffic stop after confirming that Williams had an active warrant for his arrest. The defendant exited the vehicle and was arrested without incident.
During an inventory search of the vehicle, officers found a black nylon bag on the front passenger seat, which contained a handgun loaded with ammunition, as well as two small plastic bags containing suspected cocaine concealed in a cigarette box. Laboratory analysis determined that William’s DNA matched DNA found on the firearm. On July 20, 2010, the defendant was convicted of Criminal Possession of a Controlled Substance in the 5th Degree, in New York State Court, and was sentenced to serve two-and-a-half years in prison. As a result, Williams is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for August 29, 2019, at 12:30 p.m. before Judge Arcara.
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Barnhart Woman Pleads Guilty to Production of Child Pornography ChargesRead the Press Release
St. Louis, MO – Heather McDorman, 30, of Barnhart, pled guilty to seven counts of Production and Attempted Production of Child Pornography/Sexual Exploitation of a Child. McDorman appeared before United States District Judge Rodney W. Sippel and set sentencing for August 30, 2019.
According to court documents, between February 1, 2018 and March 12, 2018, McDorman, at the direction of her boyfriend and co-defendant Zachary Hamby, attempted to take pornographic photographs of children in restrooms at South County Mall, Walmart, other area malls, park bathrooms and a church bathroom. McDorman, at the direction of co-defendant Hamby, also sexually abused a child and photographed and livestreamed some of the abuse so that Hamby could view it. Such depictions were produced using an IPhone and then mailed, shipped or transported in interstate and foreign commerce.
McDorman faces a maximum penalty of 30 years and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The case was investigated by St. Louis County Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Colleen Lang is handling the case for the U.S. Attorney’s Office.
Bank Manager Pleads Guilty to Fraud and Identity TheftRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court TONY MCELVEEN, SR., pled guilty to Bank Fraud and Aggravated Identity Theft before the Honorable Terrence W. Boyle.
According to the investigation, MCELVEEN used his position as BB&T branch manager, in Rowland, North Carolina, to steal the personal identifiers of two elderly customers to fraudulently obtain loans and credit cards in their names. The loan proceeds and credit cards were used for his personal benefit to pay for, among other things, rental cars, a home security system and hotel rooms in Myrtle Beach, South Carolina. In addition, MCELVEEN closed a $50,000 certificate of deposit owned by one of the elderly victims, without her knowledge, and used most of the proceeds to make a large payment toward his delinquent residential mortgage.
MCELVEEN attempted to conceal his criminal activity through the use of his position as pastor for the Greater Faith World Outreach Church, in Florence, South Carolina. MCELVEEN deposited some of the fraudulently obtained proceeds into the Church’s operating account and used his signatory authority on that account to withdraw funds for his personal benefit. Additionally, he opened a BB&T account in the Church’s name through which he similarly laundered fraud proceeds. MCELVEEN even made it appear that one of the initial loan withdrawals for $28,500 was a charitable donation made by one of the elderly victims to the Church’s building fund.
“This defendant’s crime is simply despicable. Whether you see it as taking advantage of vulnerable, elderly individuals, whether it’s his effort to disguise his criminal activity by using his position as a bank officer, or whether he abused his role as a trusted pastor, Mr. McElveen’s actions are beyond horrible,” stated Mr. Higdon. “And we look forward to seeking justice for two victims when he appears for sentencing.”
The Department of Justice’s Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect financial fraud and scams that target our nations’ seniors. For more information about the Department of Justice’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at: elderjustice.gov.
MCELVEEN faces a maximum of 30 years’ imprisonment and a $1,000,000 fine for Bank Fraud and a mandatory two-year term of imprisonment, consecutive to the Bank Fraud sentence, for Aggravated Identity Theft, when he is sentenced before Chief Judge Boyle tentatively set for the August 19, 2019 term of court. MCELVEEN will also be required to make restitution to BB&T and American Express for their losses.
Investigation of this case was conducted by the United States Secret Service. Assistant United States Attorney Susan Menzer represented the government.
Baltimore Felon Sentenced to More Than 16 Years in Federal Prison for Illegal Possession of Firearm and AmmunitionRead the Press Release
Baltimore, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Erick Rahumid Hobbs, a/k/a Eric Muhammad, age 39, of Baltimore, Maryland, today to 198 months in federal prison, followed by five years of supervised release, for illegally possessing a firearm and ammunition. Hobbs was previously convicted of a felony and was therefore prohibited from possessing firearms or ammunition. A federal jury convicted Hobbs on March 6, 2019, after a three-day trial.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Terrence B. Sheridan of the Baltimore County Police Department.
“Erick Hobbs knew that he was prohibited from possessing firearms or ammunition. Far too many people are making the bad choice to carry and use guns,” said U.S. Attorney Robert K. Hur. “Hopefully criminals who are not deterred from carrying guns by the threat of prison can be deterred by the reality of years spent in a federal prison far from home, where there is no parole—ever.”
According to the evidence presented at his trial, between October 2017 and January 2018, Hobbs was dating a woman and gave the woman’s daughter a television as a gift. After the woman broke off their relationship, Hobbs demanded that the woman return the television, even though Hobbs had given it as a gift to her daughter.
The evidence proved that on February 3, 2018, Hobbs broke a rear kitchen window to gain access to the woman’s home. When the woman and her daughter came downstairs to investigate the noise, Hobbs ordered them at gunpoint to open the front door, and he threatened to kill the woman, her daughter, her family, and the police. The woman unlocked the front door. Hobbs, still armed with the gun, forced his way into the residence, then left with the television. The woman called the police to report the incident.
On February 4, 2018, law enforcement located Hobbs in his vehicle and attempted to stop it. Hobbs fled and rear-ended a van nearby. Hobbs got out of his vehicle and was arrested. Officers recovered a loaded 9 mm pistol from the ground by the driver’s side door of Hobbs’ vehicle, where Hobbs was standing at the time of his arrest.
Later that day, Hobbs was captured on recorded jail calls talking to his son and roommate. During one of those calls, Hobbs provided his son with the victim’s address and directed his son to give the address to Hobbs’ roommate who is “gonna take care of it from there.” Hobbs’ son promptly went to Hobbs’ residence and provided his phone to Hobbs’ roommate so he could talk to Hobbs. On a recorded jail call, Hobbs spelled out the victim’s first and last name for his roommate and directed his roommate to get the victim’s address from his son. On the same recorded jail call, Hobbs told his roommate that he needed someone to talk with the victim and suggested Facebook as means to contact her. The roommate agreed and subsequently sent the victim communications via Facebook. The victim notified the Baltimore County Police Department of the Facebook communications and was relocated due to concerns for her safety.
On February 5, 2018, law enforcement obtained a warrant to search Hobbs’ residence and seized 65 rounds of 9 mm ammunition—the same type of ammunition inside of the firearm—from Hobbs’ bedroom dresser, and a paper with the victim’s address written on it from the roommate’s bedroom.
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 and the Baltimore County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Samika N. Boyd and Christine Goo, who prosecuted the case.
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Baltimore Armed Career Criminal Sentenced to 16 Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Kirk Gross, age 32, of Baltimore, Maryland, today to 16 years in federal prison, followed by five years of supervised release for being a felon in possession of a firearm.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Commissioner Michael Harrison of the Baltimore Police Department.
“Kirk Gross is an armed career criminal with a history of committing violent gun crimes in Baltimore,” said U.S. Attorney Robert K. Hur. “Now he will spend 16 years in federal prison, where there is no parole—ever. We will continue to work with our law enforcement partners to remove violent gun-toting criminals from our communities. The message to armed criminals is, put down the guns and save a life—maybe even your own.”
According to his guilty plea, in the late morning on June 12, 2018, detectives from the Baltimore City Police Department (“BPD”) Eastern District Action Team (“DAT”) received information that an individual named “Kirk Gross” was carrying a firearm in the area of Pittman Place and Barclay Street in East Baltimore. The DAT Detectives responded in two separate vehicles.
Driving north on Barclay Street, the detectives observed an individual wearing all black with a companion walking north on the west side of the street. This individual, later identified as Kirk Gross, was wearing tight-fitting clothes that enabled the officers to see the contours of a firearm—specifically the barrel and handle—pressed into the pants.
As soon as two detectives exited the vehicle, Gross fled west on McAllister Street, with detectives pursuing him. The detectives shouted for Gross to stop as he unsuccessfully tried to remove and discard the firearm. As the pursuit continued, unbeknownst to everyone involved, a Metropolitan Transit Authority Officer was on the street conducting an unrelated investigation. Hearing the shouts of the officers and observing Gross flee from them while holding his waistband, that officer ran southeast across E. North Avenue and tackled Gross to the ground.
Body-worn camera footage captured most of the chase and all of the arrest. Upon apprehending Gross, the detectives searched him and retrieved a 9 mm semiautomatic pistol from Gross’ pants. Officers also recovered a total of approximately 2.28 grams of cocaine in a Ziploc bag with multiple baggies as well as $40.00 in cash.
Gross knew that as a result of his previous felony convictions, including three armed robberies, one using a machine gun, and a shooting, he was prohibited from possessing a firearm.
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 and the Baltimore Police Department for their work in the investigation, and thanked the Metropolitan Transit Authority Police for its assistance. Mr. Hur thanked Assistant U.S. Attorney Lindsey N. McCulley, who prosecuted the case.
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Aurora Man Sentenced to 18 Years in Federal Prison for Production of Child PornographyRead the Press Release
DENVER – Ryan Charles McCraw, age 39, of Aurora, Colorado, was sentenced today by U.S. District Court Judge Christine M. Arguello to serve 216 months (18 years) in federal prison, followed by 15 years on supervised release for the production of child pornography, announced U.S. Attorney Jason Dunn and FBI Denver Division Special Agent in Charge Dean Phillips. McCraw appeared at the sentencing hearing in custody, and was remanded at its conclusion.
McCraw was indicted by a federal grand jury in Denver on October 26, 2017. He first appeared in U.S. District Court in Denver on December 4, 2017, to be advised of his rights and the charges pending against him. According to the stipulated facts contained in the plea agreement and statements made at the sentencing hearing, McCraw met underage boys living in the Denver metro area through online chat services. McCraw engaged in sexually explicit conversations with the boys over the course of months, asking them to send him sexually explicit images online. He enticed the boys to meet with him, picking them up in his car if they were too young to drive. He took them to his residence and engaged in sex acts with them. McCraw filmed the sex acts and took still images of the boys. He continued this course of conduct for over a year with multiple victims. McCraw boasted online that he had “trained” 12 other boys.
“The victims of child pornography production must be made to carry the harm they cause with them,” said U.S. Attorney Jason Dunn. “Mr. McCraw will now be spending a long time in federal prison to account for that harm. We particularly want to thank the investigators who helped bring this man to justice.”
“This sentence sends a strong message to those who sexually exploit our children that law enforcement will aggressively investigate their harmful and disturbing actions,” said FBI Denver Special Agent in Charge Dean Phillips. “Our commitment to the well-being of our children will forever remain a primary objective of the FBI.”
The FBI, Longmont Police Department and Aurora Police Department investigated this matter. The 20th Judicial District assisted with this matter. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer.
American Living in Switzerland Charged with Wire Fraud and Causing Rare Antique Automobile to be Transported in Foreign CommerceRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that yesterday a federal grand jury returned a five-count Indictment against Christopher C. Gardner (age: 63), an American citizen living in Mont-Sur-Rolle, Switzerland, charging Gardner with wire fraud and causing a stolen motor vehicle to be transported in foreign commerce.
According to the indictment, on March 4, 2001, Christopher Gardner burglarized a garage in Milwaukee, Wisconsin, and stole a 1938 Talbot Lago T150C-SS Teardrop Coupe—one of only approximately 16 such automobiles ever made. Gardner is alleged to have stored the auto until July 2005.
The indictment alleges that in October 2005, Gardner forged documents indicating that the auto had been recovered and that Gardner was in lawful possession of it.
The indictment further alleges that Gardner exported the stolen auto to Switzerland in 2006; had it restored in France between 2007 and 2015; and offered it for sale to a potential buyer in Illinois in 2015.
According to the indictment, in August 2015, the Illinois buyer—in reliance on Gardner’s allegedly false statements and forged documents—purchased the auto through an LLC for a total of $7.6 million, including $6.8 million to be paid directly to Gardner. Gardner is alleged to have caused the auto to be transported in foreign commerce from Switzerland to Chicago, Illinois, in December 2015.
The maximum term of imprisonment for the each of the wire fraud charges is 20 years. The charge of transportation of a motor vehicle in foreign commerce carries a maximum term of imprisonment of 10 years. Each charge also carries a maximum fine of $250,000 and calls for forfeiture of the proceeds of the crime.
The following agencies participated in the investigation: the Milwaukee Office of the Federal Bureau of Investigation, the Milwaukee Police Department, Homeland Security Investigations, and the French National Police.
“We commend the FBI and each of the law enforcement agencies whose teamwork and persistence allowed these important charges to be brought,” said U.S. Attorney Krueger. “Only through solid partnerships can crimes that span borders be effectively prosecuted.”
Special Agent in Charge Robert E. Hughes, of the FBI Milwaukee Field Office, extended his thanks to the law enforcement partners involved in this investigation, and stated: “This indictment demonstrates the importance of both domestic and international law enforcement cooperation. The FBI continually builds, maintains, and capitalizes on such partnerships, so that whether an investigation leads us across the city, or across the ocean, we have the resources necessary for success.”
This criminal case is being prosecuted by Assistant United States Attorney Scott J. Campbell.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Wednesday 29 May 2019
Waterbury Man Guilty of Fraud and Money Laundering Offenses Related to $1.5 Million Fraud SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian C. Turner, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Joseph W. Cronin, Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service, today announced that LEON C. VACCARELLI, 42, of Waterbury, has been found guilty of numerous fraud and money laundering offenses stemming from an investment scheme that defrauded individuals of approximately $1.5 million. A trial before U.S. District Judge Janet Bond Arterton began on May 13 in New Haven, and the jury returned guilty verdicts on all counts of a 21-count superseding indictment this morning.
According to court documents and the evidence presented during the trial, Vaccarelli was a registered representative of The Investment Center (“TIC”), a brokerage company, and was an investment adviser associated with IC Advisory Services, Inc. (“IC Advisory”). He also was the owner and only member of LWLVACC, LLC, and conducted business through an entity named Lux Financial Services (“Lux Financial”). Using these various entities, Vaccarelli operated a financial advisory and brokerage service through which he offered investment advice and sold investments and securities to individuals and families in the Waterbury area.
Between approximately 2011 and 2017, Vaccarelli defrauded approximately 15 victim investors of approximately $1.5 million by falsely representing that he would invest his clients’ money in IRA rollover accounts, money market accounts, certificates of deposit (“CDs”), or other types of interest-earning investments. However, instead of investing customers’ funds as he had represented, Vaccarelli deposited customer funds into his own personal account and business bank accounts, commingled those funds with his own money, and used the funds to pay both business and personal expenses, including tuition and mortgage payments. In some instances, he also used customer funds to make bogus “interest payments” to other victim-investors.
Vaccarelli’s victims include an elderly woman who Vaccarelli coerced into transferring approximately $300,000 in funds from a safe investment portfolio into a bank account that Vaccarelli controlled. Vaccarelli subsequently spent the money on personal expenses and to pay off another investor who threatened to sue him. Vaccarelli also stole nearly $500,000 from a trust, which was established in 1991 to care for a woman with diminished capacity. Other victims include a retired schoolteacher, a retired construction worker, and medical professionals.
On May 2, 2018, a grand jury returned an indictment charging Vaccarelli with three counts of mail fraud, six counts of wire fraud and three counts of money laundering. On March 5, 2019, a superseding indictment against Vaccarelli added three counts of wire fraud and six counts of securities fraud.
Mail fraud, wire fraud and securities fraud carry a maximum term of imprisonment of 20 years on each count. Money laundering carries a maximum term of imprisonment of 10 years on each count.
Judge Arterton scheduled sentencing for August 22, 2019. Vaccarelli is released on a $100,000 bond pending sentencing.
This matter has been investigated by the Federal Bureau of Investigation and U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorneys Michael S. McGarry and Jennifer R. Laraia.
Washington Man Charged with Sexual Exploitation of A ChildRead the Press Release
BOSTON – A Washington man was charged today in federal court in Boston with sexual exploitation of children.
Jabarie Phillips, a/k/a Jabarie Lindsey, 41, of Seattle, Wash., was charged with one count of sexual exploitation of children. Phillips is currently in state custody on related charges. He will appear in federal court in Boston at a later date.
It is alleged that in April 2019, Phillips and a 14-year-old girl began communicating via Facebook. Phillips, knowing the girl’s age, repeatedly asked her to take sexually explicit videos and photos of herself for him to view. During their communications, the minor told Phillips she had issues with her family, to which Phillips allegedly responded: “If you run away let me know we can take this show on the road I need a partner in crime.” The minor subsequently met Phillips at Logan Airport, where they then traveled to South Station to catch a bus to Seattle, Wash.
Phillips was arrested in Minneapolis, Minn., on May 3, 2019, on two warrants – one out of Washington State for probation violation (he had recently been released from prison after serving a sentence for a 2008 conviction for manslaughter) and one out of Massachusetts for kidnapping.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Bristol County District Attorney Thomas Quinn; and Fall River Police Chief Albert F. Dupere made the announcement today. Assistant U.S. Attorney Lori Holik, Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
Washington D.C. Commercial Sex Customer Sentenced to 10 Years in Federal Prison for Sex Trafficking of a MinorRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced Leon R. Harrison, age 56, of Washington D.C., to 10 years in federal prison, followed by lifetime supervised release for sex trafficking of a minor, for having sex with a 15-year-old girl in exchange for money. Judge Blake also ordered that, upon his release from prison, Harrison must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of ICE Homeland Security Investigations (HSI); Chief Tim Altomare of the Anne Arundel County Police Department; and Anne Arundel County State’s Attorney Anne Colt Leitess.
“Children cannot consent to have sex for money, and any adult, like this defendant, who encourages or profits from sexual exploitation of children faces a lengthy term in federal prison,” said U.S. Attorney Robert K. Hur.
According Harrison’s plea agreement, between August 9, 2016 and February 7, 2018, Harrison used his Facebook account to send messages to hundreds of other Facebook users, offering them money in exchange for sending him sexually explicit pictures, watching him masturbate, or meeting with him in person to engage in commercial sex. Several Facebook users told Harrison that they were under 18 years old, and as young as 12 years old. Harrison continued to make the requests even after they stated that they were minors.
Harrison admitted that he met Girl 1 online and began engaging in commercial sex with Girl 1 beginning in 2016 or 2017, when she would have been 13 or 14 years old.
On October 9, 2017, Harrison and Girl 1 reconnected on Facebook, after a period of not communicating with each other. Between October 9, 2017, and February 7, 2018, Harrison and Girl 1 exchanged hundreds of messages over Facebook. At that time, Girl 1 was at a 15-year-old tenth-grade student in Maryland. In the messages, Harrison repeatedly offered to pay Girl 1 in exchange for having sex with him. In twelve instances, Harrison offered her between $40 and $60 for sex.
On February 6, 2018, Girl 1’s mother discovered the Facebook messages and contacted the police. That day, an undercover police detective began operating Girl 1’s Facebook account.
On February 7, 2018, Harrison continued communicating with Girl 1’s Facebook account. Harrison stated that he would meet with Girl 1 that evening, and that he would bring money and condoms. Harrison stated he would pay Girl 1 $50 to have sex with him and made arrangements to meet with Girl 1 at a restaurant in Odenton, Maryland. Harrison agreed that he would get Girl 1 home before 1:00 a.m. because it was a “school night.” Harrison described the sex acts he wished to engage in with Girl 1 and what he wanted her to wear when they met. Harrison also asked to engage in sexual contact with Girl 1 without a condom.
When he arrived at the restaurant, Harrison had condoms, $50 in cash, and two 50ml bottles of flavored vodka in his pants pockets. Harrison was arrested in the parking lot. Following his arrest, Harrison was interviewed by law enforcement officers and admitted that he is HIV-positive, and that he does not disclose that fact to his sexual partners.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended HSI, the Anne Arundel County Police, and the Anne Arundel State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Zachary A. Myers, who prosecuted the case.
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United States Attorney’s Office to Host Re-entry Services Fair in Jackson Under Project EJECTRead the Press Release
Jackson, Miss. – United States Attorney Mike Hurst announced today that the United States Attorney’s Office for the Southern District of Mississippi will host a Reentry Services Fair in Jackson under Project EJECT in order to provide vital services, information, and assistance to previously incarcerated individuals who are re-entering society.
The Reentry Services Fair will be held on Wednesday, June 12, 2019, from 1:00 p.m. to 4:00 p.m. at the Eudora Welty Library, 300 N. State Street, in Jackson.
"In order to fix any issue, you have to have the right tools. Through this Reentry Services Fair, we are empowering individuals with the tools to help them reenter society successfully and become productive, law-abiding members of their communities. Reentry is an integral part of Project EJECT and a vital component to reducing violent crime. I want to personally thank these agencies, non-profits, and volunteers for coming together and helping folks get back on their feet. By working together, we can make our neighborhoods safe and secure for everyone," said U.S. Attorney Hurst.
The goal of the fair is to help previously incarcerated individuals overcome obstacles often faced by those who are trying to re-enter society. Participating agencies will set up booths at the Fair to provide resources in a variety of areas such as assistance with obtaining personal identification documents, housing information, educational assistance, legal information, and guidance for seeking and obtaining employment.
Agencies participating in the Re-entry Services Fair include the U.S. Department of Veterans Affairs, Social Security Administration, Mississippi Department of Public Safety, Mississippi Department of Corrections, U.S. Probation Office, Mississippi Community College Board, Governor’s Job Fair Network of Mississippi, and Mississippi Department of Vital Statistics.
This event is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, reentry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Two Men Indicted for False Invoice Scheme Against Birmingham Water Works BoardRead the Press Release
BIRMINGHAM – A federal grand jury today indicted two men on charges of wire fraud and conspiracy to commit wire fraud, announced U.S. Attorney Jay E. Town and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp Jr.
A 21-count indictment filed in U.S. District Court charges JERRY JONES, 55, of Maylene, and TERRY WILLIAMS, 54, of Mt. Vernon, with conspiring between December 2014 and January 2016 to create false invoices and submitting them for payment to the Birmingham Water Works Board (BWWB) for work purportedly performed on the Shades Mountain Filter Plant project.
“These defendants demonstrated a callous disregard for the citizens of Birmingham by stealing money meant to improve the Birmingham Water Works Board’s operations,” Town said. “Their breach of the special trust given to them makes their thievery even more intolerable. We appreciate the investigative work of the FBI, and our partnership with the Alabama Attorney General’s Office, in this investigation.”
According to the indictment, Jerry Jones was an Arcadis Vice-President and the Principal-in-Charge for Arcadis on the Shades Mountain Filter Plant project. Arcadis U.S., Inc., was an engineering and consulting firm with offices located throughout the United States, including Birmingham, Alabama. Arcadis entered into contracts with the BWWB to perform work on several projects, including design and bid phase services on a project involving improvements to the Shades Mountain Filter Plant.
Terry Williams owned a company in Mobile, Alabama, called Global Systems International, LLC (GSI). Arcadis entered into sub-contracts with GSI for work on certain BWWB projects for Arcadis. Terry Williams hired an individual to perform that work. Arcadis paid GSI by direct deposit into GSI’s bank account based on invoices submitted to Arcadis.
Each month, Arcadis submitted a report and invoice to the BWWB by email that summarized work by Arcadis and its sub-contractors on the BWWB projects. Arcadis included on the invoices amounts owed by Arcadis to sub-contractors. Per the terms of its contract with Arcadis, the BWWB was required to pay Arcadis a 10 percent premium over and above the amount charged by Arcadis’ sub-contractors.
As part of the conspiracy, Jones and Williams created nine GSI invoices falsely stating that during certain periods of time GSI employees had performed work for a certain number of hours on the Shades Mountain Filter Plant project. Jones sent emails to Arcadis employees to facilitate processing and payment of the false GSI invoices. Jones would then submit invoices to the BWWB that included the amounts reflected on the false GSI invoices, plus the 10 percent premium payment.
According to the indictment, BWWB paid Arcadis a total amount of $255,300.10, of that amount GSI received $232,091.00.
As part of the conspiracy, Williams shared the proceeds of the false invoice scheme with Jones.
The maximum penalty for the conspiracy charge is five years in prison and a $250,000 fine. The maximum penalty for wire fraud is 20 years in prison and a $250,000 fine.
FBI investigated the case, which Assistant United States Attorneys George Martin and Catherine Long are prosecuting.
Three Men Appear in Federal Court for Immigration CrimesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that three men appeared in federal court before United States District Judge Irene Berger in Beckley.
“Seven. Seven prior removals between them. Seven is not a lucky number in this case,” said United States Attorney Mike Stuart. “We are a welcoming nation to legal immigrants but no one likes a line skipper – not in traffic, not at Disney World, and not the immigration line. If you break the laws on coming to the United States, you cannot stay. We continue to work closely with ICE and our state and local partners to identify and remove those in the United States illegally.”
Luis Figueroa-Zuniga, 44, a Honduran national, and Samuel Hernandez-Hernandez, 31, a Mexican national, received sentences of “credit for time served.” They both were immediately remanded to the custody of the Department of Homeland Security for removal proceedings. They previously entered guilty pleas to the felony offenses of Reentry of a Removed Alien on March 28, 2019, and have been in federal custody throughout the proceedings. The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE).
On February 1, 2019, Figueroa-Zuniga was found in Ronceverte, Greenbrier County, West Virginia. Federal agents with Immigrations and Customs Enforcement (ICE) had received a tip that he was working illegally at a restaurant. ICE agents investigated and located Figueroa-Zuniga leaving his residence to travel to the restaurant. ICE agents requested identification from him. Figueroa-Zuniga immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status. ICE agents took Figueroa-Zuniga into federal custody. Fingerprinting matched Figueroa-Zuniga to a prior removal from the United States in 2005. Figueroa-Zuniga was found by immigration judges to be in the United States illegally and was deported to Honduras. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Figueroa-Zuniga further admitted to ICE agents that he was a Honduran citizen.
On January 22, 2019, Hernandez-Hernandez was found in Beaver, Raleigh County, West Virginia. Federal agents with ICE had received information that Hernandez-Hernandez was incarcerated in the prison facility and was not a United States citizen. Agents confirmed this information and they lodged a detainer against him. ICE agents further confirmed Hernandez-Hernandez was not in the country legally by speaking with him telephonically. Hernandez-Hernandez immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status. Fingerprinting matched Hernandez-Hernandez to two prior removals from the United States in 2015 and 2016. Hernandez-Hernandez was found by immigration judges to be in the United States illegally and was deported to Mexico. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Hernandez-Hernandez further admitted to ICE agents that he was a Mexican citizen.
Juan Carlos Reyes-Molina, 23, a Honduran man, entered a guilty plea to the felony offense of Reentry of a Removed Alien. He faces up to two years of incarceration when he is sentenced on September 12, 2019.
On March 9, 2019, a West Virginia State Police Trooper saw a car that was stopped at Mile Marker 52 on the West Virginia Turnpike outside of Beckley, Raleigh County, West Virginia. Three men were standing outside a car with its emergency blinkers on. When the Trooper pulled in, the men ran to the car and began to drive away. The Trooper asked the driver what was happening and for a driver’s license. The driver could not communicate with the Trooper due to a language barrier and did not have a driver’s license. The Trooper contacted a translator service provided by ICE to assist. The driver and two other individuals spoke with ICE agents telephonically and all three were found to be in the United States illegally. All three men were taken into custody and fingerprinted. Reyes, one of the three men, was found to be a prior reentry case. Specifically, his prints matched four prior removals from Arizona and California in 2017 and 2018. Reyes admitted to ICE agents that he was in the United States illegally and had not obtained permission to legally enter the United States. He had not otherwise sought legal status or citizenship. Reyes further admitted to ICE agents that he was a Honduran citizen.
The investigation was conducted by the U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police. Assistant United States Attorney Erik S. Goes is responsible for the prosecutions.
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Therapy Clinic Operator Convicted of Health Care Fraud for Role in Occupational Therapy Fraud SchemeRead the Press Release
A federal jury found a Brea, California, woman guilty yesterday of fraud charges for her role in a $6 million Medicare fraud scheme involving billing for occupational therapy services that were not medically necessary and not actually provided.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Special Agent in Charge Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Los Angeles Region and Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division made the announcement.
After a five-day trial, Grace Hong, 53, was convicted of one count of conspiracy to commit health care fraud and three counts of health care fraud. Sentencing has been scheduled for July 29, 2019 at 8:00 a.m. before U.S. District Judge George H. Wu of the Central District of California, who presided over the trial.
According to evidence presented at trial, from 2009 to 2012, Grace Hong and her husband, Simon Hong, 57, operated a therapy clinic in Walnut, California, known as JH Physical Therapy, Inc. As part of the scheme, Grace Hong and her co-conspirators provided uncovered services like acupuncture and massage to Medicare beneficiaries. Even though the beneficiaries did not receive actual occupational therapy, Grace Hong and her co-conspirators billed Medicare for physical and occupational therapy services that had not been provided, and then funneled most of the Medicare reimbursements to companies owned by Simon Hong. Grace Hong also directed co-conspirator therapists in falsifying medical records to make it appear as if the services billed had been provided, the evidence showed.
Through this scheme, Grace Hong and her co-conspirators billed Medicare from October 2009 until December 2012 approximately $6,014,281 in false claims, and received approximately $3,981,014, the evidence showed.
Grace Hong was charged along with Simon Hong and Keith Canlapan, 40, of West Covina, California, in an indictment returned on June 16, 2016. Charges against Henry Penaranda, 39, formerly of Pasadena, California, were added in a superseding indictment returned on July 11, 2017. Simon Hong pleaded guilty to one count of conspiracy to commit health care fraud on Dec. 15, 2016, and was sentenced on March 6, 2017, to 63 months in prison. Canlapan pleaded guilty on Oct. 24, 2016, to one count of health care fraud conspiracy and is awaiting sentencing. Penaranda is a fugitive. In a related case, Roderick Concepcion, 44, of Anaheim, California, pleaded guilty to health care fraud on April 4, 2016, and is awaiting sentencing.
This case was investigated by HHS-OIG and the FBI. Assistant Chief Niall M. O’Donnell and Trial Attorney Emily Culbertson of the Criminal Division’s Fraud Section are prosecuting the case.
The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Taylor County Man Sentenced to Prison for Firearm OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on May 29, 2019, Leonard David Capp, III, age 61, was sentenced by United States District Court Chief Judge John A Jarvey for prohibited person in possession of a firearm. Capp was sentenced to 46 months in prison, to be followed by a term of supervised release of two years.
According to court documents, on August 13, 2018, the Taylor County Sheriff’s Office received a call regarding shots fired at Capp’s residence. Witnesses told deputies Capp fired a shot into the ground at his son’s feet. Neither Capp nor his son were at the residence when deputies arrived. Knowing Capp was a prior convicted felon and not permitted to have firearms, deputies obtained a search warrant for his residence. Deputies executed the search warrant on August 22, 2018, and located two loaded firearms in Capp’s home, as well as additional ammunition. At the time of his arrest, Capp was in possession of a small amount of marijuana and methamphetamine.
This case was investigated by Taylor County Sheriff’s Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Department of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as 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.
South Los Angeles Man Sentenced to over 10 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
LOS ANGELES – A federal judge has sentenced a South Los Angeles man to more than 10 years in federal prison for receiving child pornography he obtained over a peer-to-peer computer network.
Fernando Vasquez Garcia, 31, was sentenced on May 24 to 121 months in prison, which will be followed by a lifetime period of supervised release. In addition to the prison term, United States District Judge André Birotte Jr. ordered Garcia to pay $1,000 in restitution to one victim and a $5,000 special assessment pursuant to the Justice for Victims of Trafficking Act.
Garcia pleaded guilty on February 22 to one count of receiving child pornography. When he pleaded guilty, Garcia admitted obtaining videos and still images from a peer-to-peer network that depicted, among other things, a 10-year-old being forced to have sex and children under the age of 2 being used for sex acts.
When he was juvenile, Garcia had an adjudication for committing a lewd act on a child, according to court documents. Prosecutors argued that the juvenile offense, combined with the child pornography offense, demonstrated a “well-documented and lifelong sexual interest in, and obsession with, children.”
The Federal Bureau of Investigation conducted the investigation into Garcia.
This case was prosecuted by Assistant United States Attorney Kathy Yu of the International Narcotics, Money Laundering, and Racketeering Section.
South Carolina Doctor Will Pay $92,506.30 for Allegedly Engaging in an Illegal Kickback SchemeRead the Press Release
A South Carolina doctor has agreed to pay the government $92,506.30 for allegedly accepting illegal kickback payments from OK Compounding, L.L.C., announced U.S. Attorney Trent Shores.
The U.S. Attorney’s Office entered into a settlement agreement with Jerry Back, 62, a medical doctor, in an effort to recoup the costs to the U.S. government resulting from the illegal kickbacks.
This is the eighth kickback settlement since January in the Northern District of Oklahoma. The civil settlements arose from an investigation into numerous health care providers writing prescriptions for pain creams compounded and sold by OK Compounding.
“It is no secret that my office remains focused on protecting the integrity of our federal health care system by holding accountable unscrupulous doctors who have allegedly cheated insurance programs,” said U.S. Attorney Shores. “We will use all tools at our disposal, including civil and criminal remedies, to halt illegal and corrupt practices by medical professionals.”
"This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense health care program known as TRICARE," said DCIS Special Agent in Charge Michael C. Mentavlos. "DCIS will aggressively investigate those health care providers that attempt to defraud the DoD, in order to preserve American taxpayer dollars intended to care for our warfighters, their family members, and our military retirees."
Beginning in 2013, Dr. Back prescribed these pain creams for his patients, facilitating the sale and distribution of the creams. As compensation for his services, OK Compounding paid Dr. Back what was characterized by the parties as “medical director fees” based upon an hourly rate. However, the payments Dr. Back received from the company were, in actuality, “kickbacks.” Because Dr. Back’s patients were insured with TRICARE, a Department of Defense federal health care program for veterans, the kickbacks were in violation of the False Claims Act. It is illegal to pay or receive “kickbacks” in conjunction with federal health care insurance.
Prohibitions against kickbacks are crucial to insure that financial motives do not undermine the medical judgment of physicians and other health care providers. The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs.
The settlement resolves allegations that Dr. Back had an illegal financial relationship with OK Compounding, concerning pain creams from February through May of 2013.
Affirmative Civil Enforcement (ACE) refers to filing civil lawsuits on behalf of the United States. The purpose of these civil actions is to recover government money lost to fraud or other misconduct or to impose penalties for violations of Federal health, safety, civil rights or environmental laws.
To report fraud and abuse against the Federal government in the Northern District of Oklahoma, please contact the U.S. Attorney’s Office at 918-382-2700 and speak to a member of the ACE Unit.
Information for fraud against TRICARE can be reported at https://health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of-Healthcare/Program-Integrity/Fraud-and-Abuse-Report-Submission-Form.
This matter was handled by Assistant U.S. Attorney Marianne Hardcastle, and is the product of a collaborative investigation by the Defense Criminal Investigative Service, Department of Labor – Office of Inspector General (OIG), IRS – Criminal Investigation Division, U.S. Postal Service – OIG, FBI, Department of Veterans Affairs - OIG and the Department of Health and Human Services - OIG.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Self-Described “One Stop Shop” for Drugs and Guns Sentenced to More Than 11 Years in PrisonRead the Press Release
CHICAGO — A southwest suburban man who described himself as a “one stop shop” for narcotics and firearms has been sentenced to eleven and a half years in federal prison.
ANTOINE JACKSON, 42, of Tinley Park, sold heroin, three guns and ammunition to an individual in the summer of 2017. The sales netted Jackson a total of $6,565 in cash. Unbeknownst to Jackson, the buyer was an informant working on behalf of law enforcement. Jackson also sold heroin to the informant on later occasions, earning an additional $4,500.
Jackson pleaded guilty last year to one count of dealing firearms without a license, one count of distribution of a controlled substance, and one count of using and carrying a firearm during a drug trafficking crime. U.S. District Judge Ronald A. Guzman on May 23, 2019, imposed a 138-month prison sentence.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. Substantial assistance was provided by the Chicago Police Department, Matteson Police Department, Tinley Park Police Department, and Will County Metropolitan Area Narcotics Squad.
“In a city that has seen shootings and homicides in astronomical numbers, illegal dealing of firearms should not be tolerated,” Assistant U.S. Attorney Tobara S. Richardson argued in the government’s sentencing memorandum. “The collateral effect of drug trafficking is to flood the streets with these substances that breed addiction and violence and that undermine the safety of communities.”
Jackson admitted in a plea agreement that he sold heroin and guns to the informant in three transactions in June 2017. Two deals occurred at Jackson’s residence in Tinley Park, while a third transaction was held in a Tinley Park forest preserve. During the deal in the forest preserve, Jackson showed the informant a gun that was tucked in Jackson’s waistband.
The guns sold by Jackson included an AK-47 rifle and two handguns, with extended magazines for each of them. While arranging one of the deals with the informant, Jackson referred to himself as a “one stop shop” for firearms and narcotics.
Jackson also admitted in his plea agreement that he sold the informant heroin in December 2017 and March 2018. Those sales netted Jackson $4,500. The March 2018 deal occurred in a restaurant parking lot in Oak Forest.
Holding gun traffickers and drug dealers accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and federal law enforcement agencies have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally traffic firearms or who carry firearms in connection with drug trafficking offenses.
Saint Louis Man Sentenced for Distributing DrugsRead the Press Release
St. Louis, MO – Cyrano Jones, Jr., 48, of St. Louis, was sentenced to 84 months in prison for possessing with the intent to distribute cocaine base (crack). He appeared before U.S. District Judge Ronnie White today.
According to court documents, Drug Enforcement Administration investigators identified Jones as a source of supply of cocaine base (crack) within the City of Saint Louis. Jones utilized the residence at 8980 Edna Street, St. Louis, Missouri, to store and sell crack cocaine. During the course of the investigation, Jones was identified as being responsible for the distribution of between 28 to 112 grams of cocaine base; 10 to 20 grams of heroin; one to 50 grams of cocaine; and less than one kilogram of marijuana. Jones also possessed two firearms in connection with his drug trafficking, one of which was stolen.
This case was investigated the Drug Enforcement Administration. Assistant U.S. Attorney Erin Granger handled the case for the U.S. Attorney’s Office.
Raleigh Man Receives More Than 21 Years for His Role in Drug Trafficking OrganizationRead the Press Release
NEW BERN — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Louise W. Flanagan sentenced JARMAINE ANDERSON, 30, of Raleigh to 262 months’ imprisonment, followed by 6 years of supervised release. On August 27, 2018 ANDERSON pled guilty to conspiracy to distribute 280 grams or more of crack cocaine, distribution of 28 grams or more of crack cocaine, two counts of distribution of a quantity of crack cocaine and possession of a firearm by a convicted felon.
On February 7, 2019, United States District Judge Louise W. Flanagan previously sentenced ANDERSON’s co-conspirators, BOB BIONGO, 32, of Raleigh, and WILLIAM DANIELS, 39, also of Raleigh, for their respective roles in the conspiracy to distribute crack cocaine. BIONGO received 180 months’ imprisonment followed by 10 years of supervised release, and DANIELS received 211 months’ imprisonment followed by 4 years of supervised release
Beginning in December 2016, the Federal Bureau of Investigation’s (FBI) Safe Streets Task Force (Raleigh) and the Raleigh Police Department’s Career Criminal Unit conducted a long-term investigation into ANDERSON’s drug trafficking activities. Between December 28, 2016 and June 14, 2017, law enforcement purchased more than 10 ounces of crack cocaine from ANDERSON. During these controlled purchases, ANDERSON sold drugs in locations including: the bathroom of a Raleigh restaurant in the middle of the day; across the street from St. Augustine University; and, within a tenth of a mile of Mary Phillips High School in Raleigh.
In addition, during the investigation, law enforcement made a controlled purchase of a stolen 9mm handgun from ANDERSON near Carnage Middle School in Raleigh on February 7, 2017.
The investigation revealed that ANDERSON had several sources of supply including BOB BIONGO and WILLIAM DANIELS. On June 15, 2017, the FBI Safe Streets Task Force and the Raleigh Police Department Career Criminal Unit served a search warrant on BIONGO’s residence on North Hills Drive, Raleigh. Law enforcement found more than a kilogram of crack cocaine and a cocaine press. BIONGO fled from the police during the process of the search, but was apprehended after a short foot chase. On January 23, 2018, DANIELS was arrested in Louisburg, North Carolina after he fled Raleigh to avoid a federal arrest. During the investigation, law enforcement discovered that DANIELS flushed a quantity of crack cocaine down the toilet before he was arrested.
This prosecution is part of an extensive investigation by the United States Attorney’s Office’s Organized Crime Drug Enforcement Task Force (OCDETF) entitled Damu Demolition, targeting gangs and crack cocaine distribution in southeast North Carolina. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
This investigation was conducted by the Federal Bureau of Investigation’s Safe Streets Task Force (Raleigh) and the Raleigh Police Department Career Criminal Unit. Assistant United States Attorney Timothy M. Severo handled the prosecution of this case for the government.
Project Safe Neighborhoods Missoula County one-year results show violent crime downRead the Press Release
MISSOULA—In the 12 months that Project Safe Neighborhoods, a federal initiative, has been at work in Missoula County, violent crime has fallen significantly as law enforcement has dismantled drug trafficking rings, seized methamphetamine and firearms, and prosecuted nearly 70 federal and state offenders, top federal, state and local prosecutors announced today.
Since PSN launched in May 2018, murder, robberies and aggravated assaults in Missoula County, as reported by the Missoula County Sheriff’s Office and Missoula Police Department, decreased by 18.1 percent. At least 60 fewer people were the victim of violent crimes than in the previous 12 months.
U.S. Attorney Kurt Alme, Montana Department of Justice’s Communications Director John Barnes and Missoula County Attorney Kirsten Pabst discussed the PSN results during a news conference at the U.S. Attorney’s Office in Missoula.
PSN is a reinvigorated U.S. Department of Justice initiative that targets the most violent criminals in high-crime areas and works with federal, state and local law enforcement and community partners to reduce crime. PSN Missoula County has focused on arresting and prosecuting armed robbers, meth traffickers and felons with firearms.
“PSN in Missoula County is paying off. Violent crime has dropped sharply.” Attorney Alme said. “The numbers show that the hard work by all of our federal, state and local law enforcement, prosecutors and probation and parole officers is making a real difference in the community. To further drive down the violent crime rate, we need to continue getting the most dangerous offenders off the street and we need to reduce the demand for meth,” he said.
“Federal, state, and local cooperation through Project Safe Neighborhoods has reduced Missoula’s violent crime rate,” Montana Attorney General Tim Fox said, in a statement from Helena. “Through targeted enforcement we have saved lives, taken significant quantities of meth off of the streets, seized deadly weapons from criminals, and brought many of the worst offenders to justice. I am grateful to all of the law enforcement agencies and personnel participating in these efforts and I look forward to continuing this collaborative work in the future.”
Before PSN, the City of Missoula’s violent crime rate had increased 49 percent from 2011 to 2017. Methamphetamine was identified as a primary cause of the increase in violent crime.
In the 12 months PSN has been in effect, Missoula’s murders, robberies and aggravated assaults have fallen 18.1 percent to 271 crimes, continuing a decline of 4.9 percent, or 331 crimes, reported for the prior 12 months. Until then, violent crime had been generally increasing.
Since May 1, 2018, the U.S. Attorney’s office has charged 43 defendants with federal meth trafficking, armed robbery and firearms offenses.
In addition, 20.5 pounds of meth, representing 74,292 doses and having an estimated $656,000 street value, have been seized in the federal cases. Law enforcement officers also have seized 44 firearms, including three semi-automatic assault-style rifles. The U.S. Marshals Service Violent Offender Task force has served 330 federal and state warrants on violent offenders in Missoula County.
Since last May, Missoula County has charged 26 persons with state meth or heroin possession, assault with a weapon, burglary, deliberate homicide and strangulation crimes.
“PSN’s greatest accomplishment is that it has bridged a historical gap, bringing all of the key players to the same table to work together, sharing information with the goals of identifying Missoula’s most dangerous offenders, focusing our resources on those who present the greatest risk and eliminating red tape and duplicative efforts,” said County Attorney Pabst. “The Missoula County Attorney’s Office is pleased to be part of this effort to make our neighborhoods safer,” Pabst said.
In addition to continuing its enforcement strategy to further cut the violent crime rate, PSN will work to reduce the demand for meth. In Yellowstone County, where PSN also has been in initiated, a coalition of nonprofit and government organizations, called Yellowstone Substance Abuse Connect, is developing a community plan to reduce the demand for meth through prevention and treatment. Once completed later this year, the plan will be available for other Montana communities, like Missoula, to use and tailor for their needs.
PSN Missoula County’s partners include the U.S. Attorney’s Office; Missoula County Attorney’s Office; Montana Department of Justice’s Prosecution Services Division, Highway Patrol and the Division of Criminal Investigation; the Montana Department of Correction’s Adult Probation and Parole Division; the Missoula Police Department; the Missoula County Sheriff’s Office; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI, Homeland Security Investigations and the U.S. Marshal’s Service.
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Portland Woman Pleads Guilty to Using a False Identification Document and Social Security NumberRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Elba Cruz, 46, of Portland, Maine, pled guilty today in U.S. District Court to using of a false identification document and Social Security number.
According to court records, Cruz provided a counterfeit lawful permanent resident card and Social Security card in support of an employment application to the Hilton Garden Inn, in Portland. Investigation revealed that the Social Security number and alien registration number were not assigned to her.
Cruz faces up to five years in prison, three years of supervised release and a $250,000 fine on both charges. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Social Security Administration, Office of the Inspector General.
Pittsburgh Man Pleads Guilty to Possession of Fentanyl AnalogueRead the Press Release
PITTSBURGH - One resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession with intent to distribute 10 grams or more of an analogue of fentanyl, United States Attorney Scott W. Brady announced today.
Trevon Woodson, age 22, pleaded guilty to one count before Senior United States District Court Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Lynell Guyton is the main target of the investigation. From May 2017 until August 2017, he utilized various individuals to package drugs for him. Guyton purchased large quantities of fentanyl analogues from overseas purveyors to sell locally.
According to information provided to the court, Trevon and his twin brother Drevon are Guyton’s cousins who also packaged narcotics for him. On July 10, 2017, the Woodsons and their friend were subjected to a traffic stop in the City of Pittsburgh. Trevon Woodson was sitting in the back seat, kicking at a blue plastic shopping bag at his feet. After searching the vehicle, officers found the shopping bag that was at Trevon Woodson’s feet, and discovered that it contained 16 bricks plus two stamp bags, marked "Louis Vuitton" in black ink. That was one of the three stamps distributed by Guyton. The substances tested positive for over 10 grams of cyclopropyl fentanyl.
Lynell Guyton and Drevon Woodson are under indictment with pre-trial motions pending.
Judge Cercone scheduled sentencing for October 1, 2019. The law provides for a maximum total sentence of not less than five years and up 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Pending sentencing, the court ordered Woodson to remain detained.
Assistant United States Attorney and Shanicka L. Kennedy are prosecuting this case on behalf of the government.
The U.S. Immigration and Customs Enforcement’s (ICE)/Homeland Security Investigations (HSI), assisted by the United States Postal Inspection Service, the Pennsylvania State Police and the Pittsburgh Bureau of Police, including the Pittsburgh Police SWAT Team, conducted the investigation leading to the Indictment in this case.
Pierre Man Sentenced for Being Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on May 28, 2019, by U.S. District Judge Roberto A. Lange.
Michael Schmidt, age 44, was sentenced to time served, 2 years of supervised release, a $200 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Schmidt was indicted by a federal grand jury on June 12, 2018. He pled guilty on March 5, 2019.
The conviction stemmed from an incident on January 31, 2018, when a Forest Protection Officer observed Schmidt’s vehicle off a designated road. When the officer approached Schmidt, he informed the officer that there were firearms in the vehicle and acknowledged that he was a felon and had not had his rights restored. The firearms were seized and both were functional and had traveled in interstate and/or foreign commerce.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the U.S. Forest Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Pharmaceutical Company to Pay $3.5M to Resolve Allegations of Paying Kickbacks to DoctorsRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that pharmaceutical company Almirall, LLC, formerly named Aqua Pharmaceuticals, LLC (“Aqua”), will pay $3.5 million to resolve allegations that it employed illegal kickbacks to incentivize physicians to prescribe Aqua’s dermatology pharmaceutical drugs.
The settlement resolves allegations that, between 2012 and 2017, Aqua knowingly paid kickbacks to dermatology providers in order to induce prescriptions of their drugs. Aqua, through its sales representatives and other employees, allegedly provided physicians with improper in-office and out-of-office meals and food items, entertainment, trips, gift cards, and gifts. It also engaged health care providers for speaking engagements, advisory boards, and consulting services where one purpose of the compensation was to induce providers to prescribe Aqua drugs.
“Federal law is designed to ensure that doctors and other providers are not improperly influenced by pharmaceutical companies in deciding which drugs to prescribe,” said U.S. Attorney McSwain. “Our office will do everything in its power to ensure that pharmaceutical companies and prescribers are playing by the rules and that they are not enriching themselves at the expense of patients’ well-being, especially those covered by Medicare and Tricare, the insurance for members of the armed services. This settlement is just the latest example of our office’s strong partnership with HHS-OIG and the Defense Health Agency to protect the integrity of our health care programs.”
“Pharmaceutical companies that ignore rules designed to protect patients will be held accountable. Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Maureen R. Dixon, Special Agent in Charge of the Office of the Inspector General for the U.S. Department of Health and Human Services in Philadelphia. “We will continue to work with the U.S. Attorney’s Office in this District to root out all forms of waste, fraud and abuse in our federal health care programs.”
“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold health care providers accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefits of our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participate in fraudulent practices.”
This settlement resolves allegations in a lawsuit filed in the Eastern District of Pennsylvania by a former Aqua sales representative, under the qui tam (or whistleblower) provisions of the False Claims Act. The qui tam provisions permit private parties to sue for false claims on behalf of the government and to receive a share of any recovery. The relator here will receive $735,000 as her share of the recovery in the case. The relator was represented by Brian J. McCormick, Jr., Esq. of Ross Feller Casey LLP, and Claudine Homolash, Esq., of the CQH Firm.
“We thank the whistleblower for coming forward and providing essential assistance to the government. This concerned citizen’s information and assistance were critical to our office’s discovery and investigative efforts in this matter, and we deeply appreciate her contribution,” said U.S. Attorney McSwain.
The federal investigation was conducted in cooperation with the California Department of Insurance, which conducted its own investigation. The Department of Insurance separately agreed to a resolution of $3.1 million with Aqua to resolve similar allegations.
This case was a cooperative effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the Office of the Inspector General of the Department of Health and Human Services, and the Defense Health Agency. For the United States Attorney’s Office, Assistant United States Attorney Anthony D. Scicchitano and Auditor Dawn Wiggins handled the investigation and settlement.
The lawsuit is captioned United States ex rel. John Doe v. Aqua Pharmaceuticals, LLC et al., Civil Action No. 15-5086 (E.D. Pa.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Pennsylvania Man Pleads Guilty to Federal Charges for Illegally Distributing Anabolic Steroids and Other Misbranded DrugsRead the Press Release
Greenbelt, Maryland – George Sambuca, age 33, of Philadelphia, Pennsylvania, formerly of Henderson, Nevada, pleaded guilty today to distribution of anabolic steroids and to introduction of misbranded drugs into interstate commerce with intent to defraud and mislead.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Mark S. McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office.
“Offering U.S. consumers misbranded drugs online is a dangerous practice that places the public at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to protect U.S. consumers by investigating and bringing to justice those who defraud the public and circumvent federal law regarding the approval, manufacture, and distribution of human drugs.”
According to his plea agreement, from September 2016 through June 2017, Sambuca distributed anabolic steroids and other body-enhancing injectable drugs to consumers seeking to enhance their physiques. Sambuca admitted that he knew the anabolic steroids and other drugs that he distributed were misbranded within the meaning of the Food, Drug, and Cosmetic Act (FDCA) because they bore false labeling and lacked adequate directions for use, warnings, and other information such as expiration dates. The anabolic steroids that Sambuca distributed included Testosterone, Nandrolone, Stanozolol, Oxandrolone, and Oxymetholone, all of which are controlled substances.
Sambuca distributed anabolic steroids and other misbranded drugs for a company known as Dynasty Lab, which he knew sought buyers for these products by placing advertisements on bodybuilding websites and online forums, and by sending blast e-mail advertisements to customers.
In September 2016, a law enforcement officer acting in an undercover capacity received an unsolicited e-mail from Dynasty Labs in his “inbox” on a website known for promoting unapproved and misbranded underground drug lab sales. The message from Dynasty Labs promoted a “7 day super sale.” In response, on September 12, 2016, the undercover officer contacted Dynasty Labs via undercover e-mail and received a reply e-mail the same day promoting, among other drugs, Viagra, Cialis, Trestalone, Dihydroboldenone. A subsequent e-mail from Dynasty Labs requested that the undercover officer use a specific e-mail provider for “Security,” and undercover officer thereafter registered an undercover e-mail address at that provider.
On November 1, 2016, the undercover officer sent an e-mail to Dynasty Labs ordering anabolic steroids and other misbranded drugs. Dynasty Labs replied with specific payment instructions, including that the payment be made in cash and be sent through the mail.
The undercover officer made the payment as requested and as a result, on November 14, 2016, Sambuca mailed a package from Nevada to Maryland containing, among other items, seven vials labeled “TEST SUSTANON 350MG” containing Testosterone, and seven vials labeled “DECA DURABOLIN 400MG” containing Nandrolone. The steroids were misbranded within the meaning of the FDCA.
On May 15, 2017, the undercover officer e-mailed Dynasty Labs and ordered numerous anabolic steroids and other drugs. On May 20, 2017, Dynasty Labs replied with specific mailing instructions that directed the undercover officer to send $715 in cash to “Steven Thompson” at an address in Henderson, Nevada. On May 22, 2017, the undercover officer sent the cash as directed.
Sambuca admitted that, as a result, on June 16, 2017, he again mailed a package from Nevada to the undercover officer in Maryland containing, among other things, one ziplock bag of white powder labeled “DBOL 5g” containing Stanozolol, Oxandrolone, and Oxymetholone; one ziplock bag of white powder labeled “CLOMID” containing Stanozolol; and one vial labeled “SUSTANON 350MG/ML . . . 100cc” containing Testosterone. The steroids were misbranded within the meaning of the FDCA.
Sambuca faces a maximum sentence of 10 years in prison for distribution of anabolic steroids, and a maximum of three years in prison for introduction of misbranded drugs into interstate commerce. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for November 15, 2019 at 9:30 a.m.
United States Attorney Robert K. Hur commended the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Gregory Bernstein and Kelly O. Hayes, who are prosecuting the case.
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Pecos Credit Union C.E.O. and Former State Employee Pleads Guilty to Financial Institution Fraud Conspiracy and Failure to File a Tax ReturnRead the Press Release
Today in San Antonio, Reeves County Teachers Credit Union Chief Executive Officer and former state of Texas employee James T. “Jimmy” Dutchover admitted to defrauding the credit union and willfully failing to file a federal income tax return, announced U.S. Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and, Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Richard D. Goss, Houston Field Office.
Appearing before U.S. Magistrate Judge Richard B. Farrer, Dutchover pleaded guilty to a Superseding Information charging him with one count of conspiracy to defraud Reeves County Teachers Credit Union and to obtain money and property owned by it or under its care, custody and control by means of materially false and fraudulent pretenses and representations, and one count of willfully failing to file a federal income tax return.
According to papers filed in the case, Dutchover was the CEO of Reeves County Teachers Credit Union. He was also an employee of the State of Texas working for an elected official. Together Dutchover and the elected official conspired to use Dutchover’s position as CEO to obtain $10,000 from the credit union through a loan made in the name of a relative of Dutchover, which was actually for the benefit of the elected official. Further, for the year 2015, Dutchover, having received gross income from several sources, including approximately $9,197 from the State of Texas, wage income in the amount of approximately $107,153 from the Reeves County Teachers Credit Union, and approximately $77,350 from his sole proprietorship, willfully failed to make an income tax return to the IRS.
Dutchover faces up to five years in federal prison for the conspiracy charge and up to one year in federal prison for the tax charge. He remains on bond pending sentencing. A sentencing date has yet to be scheduled.
This case was investigated by the FBI’s Public Corruption Task Force consisting of investigators from the FBI and IRS–CI. Assistant U.S. Attorneys William R. Harris, Joseph E. Blackwell and Sean O’Connell are prosecuting this case for the Government.Paterson Contractor Admits Role in Scheme with Former Municipal Utilities Authority Commissioner to Steal Funds and Pay KickbacksRead the Press Release
NEWARK, N.J. – A Paterson-based contractor today admitted conspiring with a commissioner of the now-defunct Paterson Municipal Utilities Authority (MUA) to steal funds and pay kickbacks in return for obtaining work from the authority, U.S. Attorney Craig Carpenito announced.
Anthony Cacciola, 47, of Waldwick, New Jersey, pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiracy to commit extortion under color of official right.
According to documents filed in this case and statements made in court:
Cacciola operated a Paterson-based business specializing in fence installation and repair for both commercial and residential properties. In 2012 he was introduced to Erik Lowe, an MUA commissioner from February 2009 through May 2015. In this position, Lowe exercised control over the finances of the MUA, which had been created to manage the hydroelectric plant on the Passaic River in Paterson and manage certain surrounding properties.
Cacciola admitted that Lowe would inflate the dollar amount of the checks Lowe provided to Cacciola for various MUA contracts well beyond the actual value of the services performed. Cacciola admitted that this enabled him to kick back to Lowe thousands of dollars in cash for Lowe’s official assistance in directing work to Cacciola. Near the end of the scheme, Cacciola began accepting MUA checks from Lowe worth thousands of dollars knowing that no job had been, or would be, performed. Cacciola accepted a total of $141,700 in MUA checks from Lowe, out of which Cacciola paid tens of thousands of dollars in cash kickbacks to Lowe.
The count to which Cacciola pleaded guilty carries a maximum potential penalty of 20 years in prison and a $250,000 fine. As part of his plea, Cacciola must pay restitution of $89,900. Sentencing is scheduled for Sept. 23, 2019.Lowe pleaded guilty on May 30, 2018, before former Chief U.S. District Judge Jose L. Linares to one count of extortion under color of official right involving the same scheme to which Cacciola today pleaded guilty, and one count of conspiracy to commit extortion under color of official right pertaining to a separate fraud/kickback scheme involving Paterson MUA funds with Carnell Baskerville. Lowe is scheduled to be sentenced by Judge McNulty on June 4, 2019. Baskerville was sentenced by Judge Linares on Oct. 23, 2018, to 21 months in prison.
U.S. Attorney Carpenito credited special agents of the FBI under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Mark J. McCarren of the U.S. Attorney’s Office’s Special Prosecutions Division in Newark.
Defense counsel: John Bruno Esq., Rutherford, New Jersey
Pasco Man Sentenced to over 22 Years in Federal Prison for Drug TraffickingRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Rosalio Emmanuel Sanchez, age 33, of Pasco, Washington, was sentenced today after having been convicted after a 5-day jury trial in March 2019, of one count of conspiracy to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and five kilograms of cocaine and one count of distributing 50 grams or more of pure methamphetamine. Senior United States District Judge Wm Fremming Nielsen sentenced Sanchez to two concurrent 270-month terms of imprisonment, to be followed by a 10-year term of court supervision after he is released from federal prison. Senior Judge Nielsen also imposed an additional 27-month term of imprisonment to run consecutive to the 270-months, after finding that Sanchez violated court supervision stemming from a previous drug conviction.
According to information disclosed during court proceedings, Sanchez was a member of the Bueno Drug Trafficking Organization (DTO), a part of the Sinaloa cartel. After being released from federal prison in late 2015, Sanchez began distributing pound quantities of methamphetamine and heroin in the Spokane Washington area for the Bueno DTO. During the investigation, DEA seized over 50 pounds of methamphetamine and 25 kilograms of cocaine. During sentencing, Senior Judge Nielsen concluded the Bueno DTO was responsible for importing, transporting, and distributing hundreds of pounds of narcotics into the Eastern District of Washington.
Joseph H. Harrington said, “The United States Attorney’s Office for the Eastern District of Washington commends the law enforcement officers with the U.S. Drug Enforcement Administration, U.S. Department of Homeland Security, Spokane Police Department, and Oregon State Patrol, who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The sentence imposed by the court removes a drug trafficker from our streets and sends a clear message to others who may choose to engage in such criminal activity.”
Today’s enforcement action is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. This OCDETF investigation is being conducted by the Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was investigated by the Tri-Cities Resident Office of the U.S. Drug Enforcement Administration, the Spokane Resident Office of the U.S. Department of Homeland Security, the Spokane Police Department, and the Oregon State Patrol. This case was prosecuted by Stephanie Van Marter and Richard Barker, Assistant United States Attorneys for the Eastern District of Washington.
Parmelee Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Parmeleee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 29, 2019, by U.S. District Judge Roberto A. Lange.
Lionel Eugene Roubideaux, age 55, was sentenced to 15 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Roubideaux was indicted by a federal grand jury on October 16, 2018. He pled guilty on April 1, 2019.
Roubideaux was convicted of Aggravated Sexual Abuse in December 1987. As a result of this conviction, he is required to register as a sex offender for his natural life. Roubideaux failed to update his registration between March 17, 2018, and August 14, 2018.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Ohio Man Sentenced to 7 Years in Prison for Distributing Heroin and Laundering the ProceedsRead the Press Release
PITTSBURGH – An Ohio resident has been sentenced in federal court to seven years (84 months) in prison on his convictions of drug trafficking and money laundering offenses, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on James Nelson, 31, of Wellsville, OH.
According to information presented to the court, from January 2015 to February 2016, Nelson conspired with others to possess with intent to distribute and to distribute one kilogram or more of heroin. He also conspired to launder $60,000 of the proceeds of the heroin trafficking.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Drug Enforcement Administration, Hopewell Township Police Department, Beaver County District Attorney’s Office, Aliquippa Police Department, and the Beaver County Sheriff’s Office for the investigation leading to the successful prosecution of Nelson.
New Jersey Man Sentenced to 97 Months in PrisonRead the Press Release
SOUTH BEND – Stanford Wylie, age 51, of Palisades Park, NJ, was sentenced before United States District Court Judge Robert L. Miller upon his plea of guilty to possession with the intent to distribute more than 5 kilograms of cocaine, announced U.S. Attorney Kirsch.
Wylie was sentenced to 97 months in prison followed by 5 years of supervised release.
According to documents in this case, Mr. Wylie was intercepted on Interstate 90 on September 26, 2018 transporting a suitcase containing approximately 11 kilograms of cocaine and 1 kilogram of heroin. The suitcase was discovered by a Hobart Police Officer and his K-9 partner, Mojo. As a result of the investigation conducted by the Drug Enforcement Administration, law enforcement learned that Mr. Wylie made numerous cross-country trips transporting controlled substances and currency between Los Angeles, California and New Jersey.
This case was investigated by DEA with assistance from the Hobart Police Department. The case was handled by Assistant U.S. Attorneys Joel Gabrielse and Kimberly Schultz.
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Montgomery County Woman Convicted of Distributing Heroin, Killing Friend Sentenced to 21 Years in PrisonRead the Press Release
PHILADELPHIA – First Assistant U.S. Attorney Jennifer Arbittier Williams announced that Emma Semler, 23, of Collegeville, PA was sentenced today to 21 years’ incarceration, six years supervised release, and a $2,500 fine by the Honorable Gene E.K. Pratter. The defendant was convicted by a jury in December 2018 of one count of distribution, and aiding and abetting the distribution, of heroin resulting in death, and one count of distribution, and aiding and abetting the distribution, of heroin resulting in death within 1,000 feet of a playground.
Semler and the victim first became friends when they met at a drug rehabilitation facility in November 2013. On May 9, 2014, the victim contacted Semler via Facebook Messenger about obtaining heroin. Semler told the victim that Semler knew a place where they could get heroin and said Semler would bring her younger sister along with them. Semler also agreed to provide the syringe for the victim to use to inject the heroin.
The three women then traveled to the Overbrook section of West Philadelphia to purchase drugs from someone known to Semler. Upon Semler purchasing the heroin, the women went to a nearby Kentucky Fried Chicken (KFC) restaurant, located at 61st Street and Lancaster Avenue in Philadelphia. All three women went into the women’s restroom, where Semler distributed a packet of heroin along with a syringe to the victim. The victim injected the heroin and began to display symptoms of overdosing. When she realized that the victim was overdosing, Semler did not help the victim or call 911. Instead, Semler and her sister cleaned the bathroom of the evidence of their drug use and fled the KFC without contacting anyone regarding the victim’s condition, leaving her alone and fighting for her life on the bathroom floor. The victim was later found by a KFC employee, who immediately called 911. Despite efforts by first responders and later a hospital, the victim was pronounced dead. The KFC was located within 1,000 feet of a playground.
“This defendant acted with complete disregard for another human life, the life of a supposed friend,” said First Assistant U.S. Attorney Williams. “The defendant continued to engage in criminal behavior and was arrested for possession of heroin again after the victim’s death. Aggressively prosecuting egregious drug crimes like this case is part of this Office’s multi-layered approach to confronting the opioid epidemic ravaging our neighborhoods. The sentence handed down today is in the interest of justice.”
“Semler was convicted at trial of providing the victim with the heroin that lead to her fatal overdose,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The fact that Semler left the victim alone as she was overdosing is particularly disturbing, as she most likely could have been aided by first responders.”
The case was investigated by the Drug Enforcement Administration, and the case is being prosecuted by Assistant United States Attorney A. Nicole Phillips.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 28, 2019, by U.S. District Judge Roberto A. Lange.
Jeffrey W. Provancial, age 27, was sentenced to 14 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Provancial was indicted by a federal grand jury on December 11, 2018. He pled guilty on March 5, 2019.
The conviction stemmed from Provancial failing to register as a sex offender as required by federal law between June 13, 2018, and November 2, 2018. Provancial had previously been convicted of a sex offense in federal court, which required him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Provancial was immediately turned over to the custody of the U.S. Marshals Service.
Middlefield Man Pleads Guilty to Federal Tax ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service – Criminal Investigation in New England, announced that MICHAEL CALLAN, 70, of Middlefield, waived his right to be indicted and pleaded guilty today in Hartford federal court to a federal tax charge related to his filing false tax returns that substantially underreported his income.
According to court documents and statements made in court, Callan is an emergency response consultant who operates Callan & Company, based in Middlefield, and the website MikeCallan.com. Callan was audited by the IRS in May 2015. At the time of the audit, Callan had not filed federal income tax returns for the 2010 through 2015 tax years. Callan subsequently signed and filed individual federal income tax returns for the 2010 through 2012 tax years that significantly underreported the income he received from his business. The returns were then filed by his tax preparer.
For 2010, Callan reported $151,533 in total income from Callan & Company, but actually earned $217,925; in 2011, Callan reported $146,071 in total income from Callan & Company, but actually earned $219,094, and in 2012, Callan reported $160,558 in total income from Callan & Company but actually earned $257,745.
Callan also received more than $276,000 in total income from Callan & Company for the 2013 through 2015 tax years, but failed to file a return for each of those years.
Callan has agreed to cooperate with the IRS to pay $153,636 in taxes owed, plus interest and penalties.
Callan pleaded guilty to one count of filing a false tax return, an offense that carries a maximum term of imprisonment of three years. He is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on September 11, 2019.
Callan is released on bond pending sentencing.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Lauren Clark.
Memphis Man Sentenced to Federal Prison for Tampering with Consumer ProductsRead the Press Release
Memphis, TN – A local man has been sentenced to federal prison for tampering with consumer products. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, in 2014, Gregory Stanton, 49, worked at a food manufacturing plant in Memphis. Stanton made a video recording of himself tampering with the production line at the plant. The defendant then uploaded the video to the internet in 2016.
On September 11, 2018, a federal grand jury returned an indictment against Stanton for tainting consumer products with the intent to cause serious injury to the business of any person.
On May 24, 2019, U.S. District Court Judge Jon P. McCalla sentenced Stanton to 10 months in federal prison and ordered him to pay $10,000 in restitution.
U.S. Attorney D. Michael Dunavant said, "American citizens and consumers rely upon food manufacturers engaged in interstate commerce to provide them with safe and consistent products. Unfortunately, this defendant betrayed that trust by tampering with and tainting food products. We commend the U.S. Food and Drug Administration for their investigation in this matter, and we are pleased that the defendant has been held accountable for his criminal conduct."
"Americans expect and deserve the highest standards of food safety and wholesomeness, and the integrity of the U.S. food supply is too important to be thwarted by the illicit acts of any individual," said Acting Special Agent in Charge H. Peter Kuehl, FDA Office of Criminal Investigations, Miami Field Office. "FDA remains fully committed to the vigorous prosecution of criminals who tamper with or taint the U.S. food supply in any manner."
This case was investigated by Special Agent Brian Kriplean, the U.S. Food and Drug Administration, Office of Criminal Investigations.
Assistant U.S. Attorney Tony Arvin prosecuted this case on behalf of the government.
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Massachusetts Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
CONCORD – Nicholas Messina, 27, of Haverhill, Massachusetts, pleaded guilty in federal court to possession of a firearm in furtherance of drug trafficking and possessing controlled substances with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Messina was arrested at a hotel in Nashua, New Hampshire, with fentanyl, cocaine, thousands of dollars, and a loaded firearm. In a post-arrest interview, Messina admitted that he possessed the drugs for distribution.
Messina is scheduled to be sentenced on September 12, 2019.
“Drugs and guns are a potentially lethal combination,” said U.S. Attorney Murray. “Traffickers who use firearms to further their distribution activities present a heightened concern for law enforcement agencies. In order to protect the public from harm, we will aggressively prosecute those who engage in this hazardous activity.”
“ATF will continue to work with our federal, state and local law enforcement counterparts to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade," said Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division.
This matter was investigated by the DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.
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Man Charged with Sending Racist Death Threats to Dozens of Professional and College AthletesRead the Press Release
BOSTON – A former college soccer player was charged today in federal court in Boston with sending death threats to at least 45 professional and collegiate athletes between July and December 2017.
Addison Choi, 23, of Fullerton, Calif., was charged with one count of transmitting in interstate and foreign commerce a threat to injure the person of another. Choi will appear in federal court in Boston at a later date.
“There is a difference between free speech – even hate speech – and intentionally putting others in fear for their lives,” United States Attorney Andrew E. Lelling. “Mr. Choi crossed that line. Based on today’s charging document, and hiding behind the anonymity of social media, he threatened his victims in graphically violent, often racist terms. We take seriously internet-based threats of violence, especially racist ones – they undermine our nation’s hard-won, fundamental values of equality.”
“As alleged, Addison Choi made dozens of vile and racist death threats targeting professional and collegiate athletes and their families,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “He waged a very public campaign of intimidation against them, blaming them for his own prolific gambling losses. Let this case serve as another warning to others who think they can hide behind a keyboard and get away with making violent threats that put others in fear for their lives. Enough is enough. The FBI takes seriously all acts or threats of violence and is committed to investigating them.”
According to court documents, in 2017 Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate, and he lost more than he won. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.” Choi also posted threats on the accounts of athletes’ loved ones.
In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.”
Between July 2017 and December 2017, Choi allegedly posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.
Choi faces a sentence of no greater than five years in prison, three years of supervised release, restitution, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, are prosecuting the case.
Man from Zuni Pueblo Sentenced to 79 Months in Prison for Voluntary Manslaughter and Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
ALBUQUERQUE – Vernon Poleahla, 34, of Zuni, N.M., was sentenced in federal court yesterday to 79 months in prison for involuntary manslaughter and assault resulting in serious bodily injury in Indian Country.
Poleahla previously pleaded guilty to these offenses on September 26, 2018. According to Poleahla’s plea agreement, he committed these offenses following an argument on April 27, 2018. Poleahla choked the first victim and stabbed him in the neck causing serious bodily injury. When the second victim intervened to assist the first victim, Poleahla stabbed the second victim in the stomach causing his death. Poleahla is an enrolled member of Zuni Pueblo.
The Gallup office of the FBI investigated the case with assistance from the Zuni Police Department. Assistant U.S. Attorney Allison C. Jaros prosecuted the case.
Man from Pine Hill, N.m. Charged with AssaultRead the Press Release
ALBUQUERQUE – Harrington Alonzo, 34, of Pine Hill, N.M., was arraigned in federal court today on an indictment charging him with assault with a dangerous weapon in Indian Country and carrying, brandishing, and discharging a firearm during and in relation to a crime of violence.
According to a criminal complaint, Alonzo committed these offenses on April 24, 2019, within the boundaries of the Navajo Nation. Alonzo became drunk and argued with his girlfriend. She called the police to respond to their home. When they arrived, Alonzo pulled a handgun and fired several shots at an officer. The officer returned fire, but no one was hit or otherwise injured in the exchange of bullets. Alonzo is an enrolled member of the Navajo Nation.
The charges in an indictment and criminal complaint are only accusations. A defendant is presumed innocent until proven guilty. Alonzo is currently in custody pending trial. He faces up to 10 years in prison if convicted of the assault charge and a consecutive sentence of from 10 years to life in prison if convicted of the firearm offense.
The Gallup office of the FBI investigated the case with assistance from the Ramah Navajo Police Department and the Navajo Nation Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Long Island Home-School Tutor Sentenced to 10 Years in Prison for Attempted Child EnticementRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JEFFREY WEBER, a Long Island home-school tutor, was sentenced yesterday to 10 years in prison for attempted child enticement. WEBER pled guilty on December 12, 2018, and was sentenced yesterday by U.S. Circuit Judge Richard J. Sullivan.
U.S. Attorney Geoffrey S. Berman said: “Jeffrey Weber, who by profession had regular contact with children, pled guilty to attempting to engage in sex with a 13-year-old girl. He has now been sentenced to a lengthy term in prison, where he will not be able to prey on children.”
According to the Information and other filings filed in Manhattan federal court:
Between January 30, 2018, and February 14, 2018, WEBER, using email and text messages, engaged in sexually explicit communications with a law enforcement agent who was acting in an undercover capacity and posing as a 13-year-old girl. WEBER initiated these conversations by responding to a Craigslist listing advertising “a younger girl looking for an older guy,” posted by the agent acting in an undercover capacity. During these communications, WEBER discussed various sexual acts he wished to perform on the girl and made a plan to meet the girl at a diner in Manhattan and to then go to the girl’s nearby apartment for the purpose of engaging in sexual activity. On February 14, 2018, Weber was arrested at the diner where he planned to meet the girl, carrying condoms, among other items. Prior to his arrest, WEBER was employed as a tutor for children.
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In addition to the prison term, WEBER, 59, of Seaford, New York, was sentenced to five years of supervised release. WEBER will also be required to register as a sex offender subsequent to his release from prison.
Mr. Berman praised the New York City Police Department’s Computer Crime Squad, which is part of the Internet Crimes Against Children (ICAC) Task Force, for their outstanding investigative work.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Cecilia Vogel is in charge of the prosecution.