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12 July 2019
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating, or Wounding, and Simple Assault was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Jared Bourland, age 38, was sentenced to 14 months in federal prison, followed by 1 year of supervised release, and ordered to pay $2,137.80 in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bourland was indicted by a federal grand jury on November 14, 2017. He was found guilty by a jury trial on April 26, 2019.
The convictions stem from incidents on December 28, 2016, and December 29, 2016, when law enforcement was doing a welfare check at the Bourland residence based on a call from Bourland’s mother-in-law. When law enforcement arrived, the victim was upset and crying. The victim left the residence with law enforcement. Later that night, the victim disclosed that over the past two days, she had been strangled, kicked, and punched by Bourland. She was transported to the Indian Health Services where she was treated for her injuries.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bourland was immediately turned over to the custody of the U.S. Marshals Service.
District Man Pleads Guilty to Possessing Stolen Loaded Firearm in Broad DaylightRead the Press Release
WASHINGTON – Delonte Bridges, 28, of Northwest, D.C., pled guilty today to possessing a stolen loaded firearm in broad daylight in Northwest, D.C., announced U.S. Attorney Jessie K. Liu, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Bridges pled guilty before the Honorable Amy Berman Jackson in the U.S. District Court for the District of Columbia to one count of unlawful possession of a firearm by a person convicted of a crime punishable by imprisonment for a term exceeding one year. The Defendant faces up to ten years of prison. Judge Jackson scheduled Bridges’ sentencing for October 2, 2019.
According to the government’s evidence, on October 21, 2018, at approximately 4:30 p.m., officers of MPD’s Gun Recovery Unit were on patrol in two vehicles in the First Police District at approximately 4:30 p.m. As officers turned south into the 1100 block of First Place, Northwest, an area known for narcotics and firearms offenses, an announcement that law enforcement was entering the area was broadcasted by individuals standing in the street. In response to the announcement, Bridges initially began walking away from law enforcement and then engaged in an unprovoked flight. In response, law enforcement officers exited their vehicle, activated their body camera video, and followed in pursuit. Body camera video of responding officers showed that a firearm was visible on the waistband of Bridges after he gave up running from law enforcement and was on the ground. Upon his arrest, officers recovered from Bridges’ waistband a Glock 27 .40 caliber firearm with one round of .40 caliber ammunition in the chamber and five rounds of .40 caliber ammunition in the magazine. MPD officers subsequently learned that the firearm had been reported stolen during a theft that occurred on July 23, 2018 in the 900 block of Rhode Island Avenue, Northeast.
In 2011, Bridges was convicted in the D.C. Superior Court of possession with intent to distribute crack cocaine in the same location that he was found with the stolen loaded firearm in this case.
In announcing the plea, U.S. Attorney Liu and Chief Newsham, commended the work of those who investigated the case. They also cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialist Candace Battle and Assistant U.S. Attorney Christopher Macchiaroli of the Violent Crime and Narcotics Section, who prosecuted the case.
District Man Pleads Guilty to Participating in Large-Scale Narcotics ConspiracyRead the Press Release
WASHINGTON – Artinis Winston, 43, of Northeast, D.C. pled guilty yesterday to his role in a large-scale narcotics conspiracy, announced U.S. Attorney Jessie K. Liu, Ashan M. Benedict, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Winston pled guilty before the Honorable Amit P. Mehta in the U.S. District Court for the District of Columbia to one count of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin on July 11, 2019. Winston faces a mandatory minimum sentence of five years of incarceration and a maximum period of incarceration of forty years. Winston will also be placed on four years of supervised release after completing his sentence. As part of his guilty plea to engaging in the conspiracy, Winston accepted responsibility for trafficking 360 grams of heroin and 40 grams of buprenorphine (commonly referred to as suboxone). Winston’s conviction in the case represents his fourth felony conviction. Judge Mehta scheduled Winston’s sentencing for September 25, 2019.
According to the Government’s evidence, in June 2017, ATF began investigating the trafficking of narcotics from the Next Level Cuts barbershop located in the 2400 block of MLK, Jr., Avenue, SE and adjoining property above. Law enforcement discovered a coordinated drug trafficking operation that was centered at the barbershop and extended into Maryland through surveillance, controlled purchases from inside and outside the barbershop, residential search warrants, cellphone searches, arrests, jailhouse calls, pleas, and cooperating witnesses. The investigation established that drug traffickers used the barbershop and adjoining property as a stash location.
The investigation led to a series of arrests beginning in February 2018. These arrests led to the recovery of three firearms from the barbershop, one firearm in a residence, the seizure of more than $7,000 in cash, and without packaging, the seizure of more than 300 grams of PCP, more than 150 grams of heroin, more than 100 grams of fentanyl, boxes of suboxone strips, and more than 100 grams of a cutting agents.
While multiple conspirators had been arrested in 2018, Winston was a fugitive for approximately nine months. Coconspirators Lonnell Tucker, 42, of Temple Hills, Md., Anthony Fields, 45, of Washington, D.C., and Abdul Samuels, 45, of Washington, D.C., were found guilty on March 21, 2019, following a trial in the U.S. District Court for the District of Columbia before the Honorable Amit P. Mehta.
During the trial, officers and agents of the Prince George’s County Police Department, Metropolitan Washington Airports Authority, and the Maryland Office of the State Prosecutor, testified regarding separate arrests of coconspirators during the course of ATF’s investigation, which resulted in the seizure of narcotics, drug paraphernalia, and U.S. currency.
On June 13, 2019, Fields was sentenced to 16 years of incarceration to be followed by eight years of supervised release. On June 14, 2019, Tucker was sentenced to five years of incarceration to be followed by three years of supervised release. Samuels has not yet been sentenced for his role in the drug trafficking conspiracy. Three other defendants – Darryl Smith, 41, of Washington, D.C., James Venable, 47, of Fort Washington, Md., and Lacy Hamilton, 42, of Suitland, Md. – pled guilty earlier to federal charges. Smith managed the barbershop and was sentenced to 80 months in prison relating to his possession of narcotics in the barbershop on February 1, 2018, and for his possession of packaged fentanyl and a loaded firearm following an arrest by MPD in December 2017 outside of the barbershop. Venable, another conspirator, was sentenced to a 37-month prison term following his possession of narcotics and a firearm in both Washington, D.C. during a December 2017 arrest by MPD and at his residence in Maryland on February 1, 2018. Venable also acknowledged selling narcotics to an ATF confidential informant in July 2017. Hamilton was sentenced to a 15-month prison term for selling narcotics outside the barbershop and in Maryland as part of the charged narcotics conspiracy.
In announcing the plea, U.S. Attorney Liu, Special Agent in Charge Benedict, and Chief Newsham commended the assistance provided by officers and agents of the Prince George’s County Police Department, Metropolitan Washington Airports Authority, the Maryland Office of the State Prosecutor, and the United States Marshal Service who assisted in trying to apprehend Winston. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Christopher Macchiaroli and Gregory Rosen of the Violent Crime and Narcotics Trafficking Section, and Paralegal Specialist Candace Battle.
Des Peres Man Pleads Guilty to Production of Child Pornography ChargesRead the Press Release
St. Louis, MO – William Timothy Hopmeier, 48, of Des Peres, pled guilty to two counts of Production of Child Pornography. Hopmeier appeared before United States District Judge Audrey G. Fleissig and set sentencing for October 23, 2019.
According to court documents, from June 2017 to January 31, 2018, Hopmeier and co-defendant Kayla Bridges used a cell phone to video record two minor females engaging in sexually explicit conduct on several occasions.
Hopmeier faces a mandatory minimum term of imprisonment of at least 15 years. 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 the St. Louis County Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Rob Livergood is handling the case for the U.S. Attorney’s Office.
Department of Justice Enables Direct Tribal Access to FBI National Sex Offender RegistryRead the Press Release
Direct Access to FBI CJIS’s National Sex Offender Registry Helps Tribal Governments and Law Enforcement Track and Identify Sex Offenders
The U.S. Department of Justice announced a new tool on July 11, 2019 giving tribal governments the ability to directly input data and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems.
TTSORS is a no-cost registry system provided by the Justice Department’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). The Department’s Office of the Chief Information Officer (OCIO) developed the connections which allows tribes to seamlessly submit new and updated sex offender information directly from TTSORS to NSOR.
“The Department of Justice is dedicated to addressing the public safety crisis in American Indian and Alaska Native communities, including the high rates of sexual violence against women and children,” said Attorney General William P. Barr. “Providing a direct connection to the FBI National Sex Offender Registry gives tribal law enforcement the information they need to investigate and prevent these heinous offenses.”
American Indian and Alaska Native people suffer persistently high rates of victimization, including from sexual assault. According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. In June, the department extended a deadline for tribes to apply for up to $167 million in federal funds through August 16, 2019, to support crime victims throughout Indian country.
“The direct connection between the National Sex Offender Registry and Tribes and Territories Sex Offender Registry System provides increased resources for identifying, tracking, and sharing information about persons convicted of committing these crimes,” said Gwendena L. Gatewood, Chairwoman of the White Mountain Apache Tribe of the Fort Apache Indian Reservation. “It will also allow for further improvements in providing a safer community for all involved to integrate tribal law, custom, tradition and practices in a comprehensive fashion consistent with holding offenders accountable.”
“Standing Rock has always had a priority of ensuring public safety,” said Mike Faith, Chairman of the Standing Rock Sioux Tribe. “Technological advances to our systems ensure that our SORNA staff are able to input offender information and get back in the field while ensuring compliance is maintained.”
The Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, requires that, when an offender initially registers or updates his or her information in a jurisdiction, that the state, tribe, territory or District of Columbia must submit immediately the information to NSOR as well as other jurisdictions where the offender has to register. TTSORS is a fully functioning registry system that complies with SORNA requirements. TTSORS was created to assist the Indian tribes that have elected to implement SORNA.
Since 2015, the SMART Office, OCIO, the FBI, the Office of Tribal Justice, Community Oriented Policing Services and the Office for Victims of Crime, have worked together to develop the Tribal Access Program to provide tribes direct access to national crime information systems for both criminal and non-criminal justice purposes. This includes the ability to directly enter NSOR data and enhance the capacity to collect and submit fingerprints and palm prints to the FBI. TAP has been instrumental in assisting tribes with ongoing implementation of SORNA. In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of 72 participating tribes.
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Current and Former Tribal Officials Indicted for Embezzlement & Theft from an Indian Tribal Organization and Aiding and AbettingRead the Press Release
United States Attorney Ron Parsons announced today that past and present Crow Creek Sioux Tribe councilmembers were indicted by a federal grand jury for embezzlement & theft from an Indian tribal organization, and aiding and abetting.
Roland Robert Hawk, Sr., age 50, Francine Maria Middletent, age 55, Roxanne Lynette Sazue, age 62, and Jacquelyn Ernestine Pease, age 34, all from Ft. Thompson, South Dakota, were indicted on July 9, 2019. All four defendants appeared before U.S. Magistrate Judge Veronica Duffy on July 12, 2019, and pled not guilty to the Indictment.
According to the Indictment, in about March 2014 through February 2019, Hawk, Middletent, Sazue, and Pease embezzled, stole, willfully misapplied, willfully permitted to misapply, and converted to their own use over $1,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe. During the timeframe, Hawk served as the elected Treasurer of the tribe, and all of the other defendants worked for Hawk in the tribe’s finance office. In their respective leadership roles and employment positions, the defendants had the opportunity to access the funds that were embezzled from the tribe.
The maximum penalties for each defendant upon conviction are as follows: 5 years imprisonment and/or a $250,000 fine; 3 years of supervised release; $100 to the Federal Crime Victims Fund; and restitution may be ordered.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Hawk, Sr. was remanded to the custody of the U.S. Marshals Service. Defendants Pease, Middletent, and Sazue were released on bond. A trial date has not been set.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Convicted Felon Sentenced to Prison for Possession of a FirearmRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to seven years in prison for his possession of a firearm as a convicted felon and while under a term of federal supervised release during a traffic stop in Henrico County.
According to court documents, Jabali Dickerson, 27, was in a vehicle with two other people that was stopped by Henrico County police officers in December 2018. Upon speaking with the driver, the officer smelled marijuana emanating from the vehicle and noticed at the feet of Dickerson, in the back seat, a backpack. A search of the vehicle revealed a loaded Glock, model 30, .45 caliber, semi-automatic pistol, in the backpack and a check stub with Dickerson’s name. A search of Dickerson’s pants pocket revealed the check linked to the check stub found in the backpack. It was later confirmed that Dickerson was a convicted felon and on a term of federal supervised release at the time of his arrest.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Humberto I. Cardounel, Jr., Chief of Henrico County Police Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Erik S. Siebert prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-43.
Concord Man Indicted for Making False Statements to a Federal Officer in Connection with OSHA InvestigationRead the Press Release
CONCORD - Nathan Craigue, 43, of Concord, was indicted by a federal grand jury for making false statements to a federal officer in connection with an investigation of the death of an employee, United States Attorney Scott W. Murray announced today.
According to the indictment, on or about August 28, 2018, Craigue made materially false statements to an Occupational Safety and Health Administration (OSHA) Compliance Safety & Health Officer when he said that an individual who had died as a result of a workplace accident earlier that day was a subcontractor. The indictment alleges that the victim actually was an employee and not a subcontractor.
A second count of the indictment charges Craigue with making a similar false statement to the OSHA officer on October 24, 2018.
Craigue was arraigned in federal court today and his trial has been scheduled for September 17, 2019.
This matter was investigated by the Department of Labor’s Office of Inspector General and OSHA. The case is being prosecuted by Assistant U.S. Attorneys John S. Davis and Anna Dronzek.
The charges and allegations contained in an indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
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Columbian National Pleads Guilty to Operating an International Fentanyl Trafficking Organization from a Canadian PrisonRead the Press Release
FARGO – United States Attorney Drew H. Wrigley, District of North Dakota, along with United States Attorney Billy J. Williams, District of Oregon, and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, announced that a Colombian fentanyl trafficker, who was scheduled to go to trial October 1, 2019, pleaded guilty earlier today to being the leader and organizer of a continuing criminal enterprise while incarcerated in Quebec, Canada. He moved fentanyl and other similar substances from Canada and China into the United States and those drugs resulted in serious bodily injury and deaths.
Daniel Vivas Ceron, 38, of Colombia, pleaded guilty before U.S. Magistrate Judge Alice R. Senechal in Fargo, ND, to continuing criminal enterprise, conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and money laundering. Vivas Ceron faces a statutory maximum sentence of life in prison at his sentencing, date to be determined.
At the plea hearing, Vivas Ceron admitted that between 2013 and 2017, Chinese sources shipped several hundred pounds of fentanyl and fentanyl analogues to the United States and Canada. Vivas Ceron and members of his conspiracy imported these opioids into the United States and distributed them to their customers around the country. Vivas Ceron ran his drug trafficking organization from a jail cell in Canada, and he concealed his identity to facilitate the conspiracy by using aliases, encrypted WICKR accounts, and numerous email addresses. Vivas Ceron and his co-conspirators’ distribution in Canada and the United States resulted in 15 overdoses in North Dakota, Oregon, New Jersey, North Carolina, and Rhode Island, including four fatal overdoses, one of which was Grand Forks resident 18-year-old Bailey Henke.
“From a Canadian jail cell, Daniel Vivas Ceron directed a deadly drug ring that fueled the opioid epidemic and took the lives of four Americans,” said Assistant Attorney General Brian Benczkowski. “Today’s guilty plea brings some measure of justice for the victims and families that fell prey to Vivas Ceron’s dangerous organization and its tragic track record of spreading addiction and abuse.”
United States Attorney Drew H. Wrigley for the District of North Dakota said, “Ultimate justice can seem elusive in a case with such a wide swath of destruction. The defendant and his co-conspirators built themselves an organization that made them into regional, national, and international merchants of death, and today’s guilty plea is an important milestone in the quest for justice on behalf of those who died and those who were injured by the defendant’s ruinous quest for profits.”
“I want to personally commend the team of prosecutors and investigators who worked so ably across the nation and globe to make today’s guilty plea possible. We will work assiduously to secure a sentence that reflects the light of justice on the far-reaching damage done to innumerable victims, families, and communities,” Wrigley stated.
“Daniel Vivas Ceron’s heinous crimes have caused unthinkable pain and anguish for dozens of people in Oregon and far beyond, including four victims who lost their lives to fatal overdoses. At a time when our country desperately tries to free itself from the painful grip of the opioid crisis, criminals like Ceron and his more than 20 co-defendants are seeking to profit off addiction and death,” said Billy J. Williams, United States Attorney for the District of Oregon. “The tragic irony of crime is that while Ceron will continue to live out his life in prison or beyond, four of his victims will not. The damage he caused is permanent. We cannot forget that.”
“My heart goes out to the friends and families of those who lost their lives as a result of the greed and selfishness of all of the individuals involved in this case,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations, Seattle, WA. “The amount of cooperation between HSI and our state, federal, and international partners was invaluable to halting the deadly actions of this complex drug organization. While we will never know how many lives are saved because of our efforts, we hope we are able to provide just a small bit of peace to the families whose lives are forever changed as a result of the offender’s careless actions.”
“The Portland Police Bureau is fully committed to working with our local, state, and federal partners to combat the illegal distribution and trafficking of deadly opioids in our communities,” said Art Nakamura, Commander, Tactical Operations – Drugs and Vice, Portland Police Bureau, Portland, OR. “The Police Bureau, along with our partners, strive to keep our community members safe from these drug traffickers who sell these deadly drugs in our neighborhoods throughout our country. With this partnership, we will hold those responsible for distributing these deadly drugs accountable.”
On January 25, 2017, Vivas Ceron was extradited to the United States from Panama after Panamanian authorities authorized the extradition. Following his deportation from Canada, Vivas Ceron was taken into custody at the Tocumen International Airport, Panama City, Panama, on July 17, 2015, pursuant to an arrest warrant in connection with an Indictment filed in the District of North Dakota. After Vivas Ceron’s arrest in July 2015, the U.S. Attorney’s Office and the Justice Department’s Office of International Affairs, together worked diligently to extradite Vivas Ceron.
This case is part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington, DC, as part of “Operation Deadly Merchant.” The investigation started in North Dakota on January 3, 2015, with the overdose death in Grand Forks, ND, of Bailey Henke.
Additional defendants charged in federal court in this investigation include:
District of North Dakota
- Jian Zhang, aka Hong Kong Zaron, 40, of China; Jason Joey Berry, aka Daniel Desnoyers, 36, of Quebec, Canada; Xuan Cahn Nguyen, aka Jackie and Jackie Chan, 39, of Quebec Canada; Marie Um, aka Angry Bird, 38, of Quebec, Canada; Vannek Um, 41, of Quebec, Canada; and Linda Van, 27, of Quebec, Canada, were charged by a Superseding Indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money laundering conspiracy were Na Chu, 38; Yeyou Chu, 37; Cuiying Liu, 63; and Keping Zhang, 63, all Chinese nationals;
- In a separate indictment returned on March 22, 2018, Steven Barros Pinto, aka Yeaboy, 38, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death, and continuing criminal enterprise. On Nov. 28, 2018, a Superseding Indictment was filed adding the charges of obstruction of justice and money laundering conspiracy. Trial is set for October 1, 2019;
- Brandon Corde Hubbard, 44, of Portland, OR, pleaded guilty to conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death, and money laundering conspiracy. He was sentenced on July 13, 2016, to serve life in federal prison;
- Ryan Jon Jensen, 24, of Grand Forks, ND, pleaded guilty on February 27, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death, one count of distribution of a controlled substance resulting in death, two counts of distribution of a controlled substance resulting in serious bodily injury, and money laundering conspiracy. He was sentenced on February 1, 2016, to serve 240 months in federal prison;
- Joshua Tyler Fulp, 24, of Grand Forks, ND, pleaded guilty on June 23, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death. He was sentenced to serve 144 months in federal prison;
- Kain Daniel Schwandt, 23, of Grand Forks, ND, pleaded guilty on July 24, 2015, to conspiracy to distribute controlled substances. He was sentenced on January 25, 2016, to serve 42 months in federal prison;
- David Todd Noye Jr., 18, of Grand Forks, ND, pleaded guilty on May 4, 2015, to conspiracy to distribute controlled substances. He was sentenced on January 25, 2016, to serve 39 months in federal prison;
- Jameson Robert Sele, 24, of Grand Forks, ND, pleaded guilty to conspiracy to distribute controlled substances. He was sentenced on July 27, 2015, to serve 36 months in federal prison;
- Ronnie Lee Helms, 34, of Acworth, GA, pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and controlled substance analogue resulting in serious bodily injury and death. His sentencing is scheduled for October 1, 2019;
- Braden James Foley, 32, of Olympia, WA, pleaded guilty on August 11, 2016, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced to serve 30 months in federal prison on November 21, 2016;
- Anthony Santos Gomes, 34, originally of Rhode Island and Davie, FL, pleaded guilty to conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and money laundering conspiracy. In addition to pleading guilty, Gomes agreed to forfeit a residence located in Davie, FL; $162,836.00 in cash; 2007 Maserati Quattroporte; 2017 Polaris Sportsman XP ATV; and assorted jewelry valued at $64,725.00. His sentencing has been set for November 15, 2019;
- Amanda Schneider, 29, Port S. Lucie, FL, pleaded guilty on September 17, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. She was sentenced on January 17, 2019, to 15 months in federal prison;
- Keveen Nobre, 29, Providence, RI, pleaded guilty on October 10, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 30 months in federal prison;
- Robinson Gomez, 36, Charlotte, NC, pleaded guilty on January 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 180 months in federal prison;
- David Campbell, 58, Plantation, FL, pleaded guilty on January 10, 2019, to
conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 120 months in federal prison;
- Louis Bell, 31, Port St. Lucie, FL, pleaded guilty on November 8, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 18, 2019, to 204 months in federal prison;
- Elizabeth Ton, 28, David, FL, pleaded guilty on June 18, 2018, to money laundering conspiracy. She was sentenced on March 8, 2019, to 41 months in federal prison; and
- Danny Gamboa, 22, Pawtucket, RI, pleaded guilty on January 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 25 months in federal prison.
District of Oregon
- Channing Lacey, 32, of Portland, Oregon, pleaded guilty on March 28, 2017, to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death. She was sentenced on August 28, 2017, to serve 135 months in federal prison;
- Steven Fairbanks Locke, 43, of Portland, OR, pleaded guilty on June 14, 2017, to use of a communication facility to facilitate a drug offense. His sentencing is set for November 18, 2019; and
- Carissa Marie Laprall, 27, of Portland, OR, pleaded guilty on March 28, 2017, to three counts of distribution of a controlled substance resulting in serious bodily injury. Her sentencing is set for December 2, 2019.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department.
The prosecutors for this case are Assistant U.S. Attorney Christopher C. Myers, District of North Dakota; Assistant U.S. Attorney Scott Kerin, District of Oregon and as a Special Assistant U.S Attorney in North Dakota; and Acting Assistant Deputy Chief Adrienne Rose and Trial Attorney Kaitlin Sahni, Criminal Division’s Narcotic and Dangerous Drug Section of the Justice Department.
Based upon the Change of Plea, Judge Senechal will issue a report and recommendation to Federal District Court Judge John P. Bailey, Northern District of West Virginia, to formally accept Vivas Ceron’s guilty plea.
The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
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Colorado Springs Man Pleads Guilty to Stealing Thousands of Pills from Area PharmacyRead the Press Release
DENVER – Dewayne Scott, age 21, of Colorado Springs, Colorado, pled guilty this week to pharmacy burglary before U.S. District Court Judge Raymond P. Moore, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. Scott appeared at the change of plea hearing on bond but was remanded at its conclusion. He is scheduled to be sentenced by Judge Moore on September 26, 2019.
According to the stipulated facts contained in the plea agreement, on August 22, 2017, at approximately 3:08 a.m., Scott and four others burglarized The Medicine Shoppe Pharmacy on North Wahsatch Street in Colorado Springs. In total, Scott and others stole: 540 Oxycontin pills, 2569 Hydrocodone pills, 69 Percocet pills, 120 Morphine Sulphate pills, 440 Tramadol pills, 618 Hydromorphone pills, 340 Adderal pills, 145 Oxycodone pills, 676 Oxymorphone pills and 1277 Dextroamphetamine pills. The value of these stolen pills is approximately $18,029. Scott and others also stole other types of medication. In total the entire loss to the pharmacy was $27,298.
While conducting an investigation into the theft investigators found surveillance footage showing Scott leaving the pharmacy carrying a white trash can filled with pill bottles. Scott then tripped over a parking lot divider while fleeing the pharmacy. Scott picked up many of the pill bottles that fell on the ground and fled the scene.
On October 18, 2017, law enforcement officers arrested Scott pursuant to a state arrest warrant for the commercial burglary of Two Men and a Truck, also in Colorado Springs, committed on October 9, 2017. That same day the FBI interviewed Scott. It was determined that Scott was partly responsible for The Medicine Shoppe Pharmacy burglary. Agents further determined that Scott did not receive his expected cut from the sale of the stolen pills because he had spilled and lost some of the pills after tripping and falling while fleeing the scene.
Scott was first charged by Criminal Complaint on March 7, 2019. He was indicted by a federal grand jury, formalizing the charges on March 19, 2019. He pled guilty on July 10, 2019.
This case was investigated by the FBI with substantial assistance from the Colorado Springs Police Department. The defendant is being prosecuted by Assistant U.S. Attorney Jason St. Julien.
Colombian National Pleads Guilty to Operating an International Fentanyl Trafficking Organization from a Canadian PrisonRead the Press Release
A Colombian fentanyl trafficker, who was scheduled to go to trial on Oct. 1, 2019, pleaded guilty earlier today to drug trafficking and money laundering charges as the leader and organizer of an international continuing criminal enterprise while incarcerated in Quebec, Canada. The enterprise involved distributing fentanyl and other similar substances from Canada and China into the United States where some of those drugs resulted in 15 overdoses including 11, which caused serious bodily injuries, and four, which resulted in fatal overdoses.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Drew H. Wrigley for the District of North Dakota, along with U.S. Attorney Billy J. Williams for the District of Oregon, made the announcement.
Daniel Vivas Ceron, 38, of Colombia, pleaded guilty before U.S. Magistrate Judge Alice R. Senechal in Fargo, North Dakota, to continuing criminal enterprise, conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death and money laundering. Vivas Ceron faces a statutory maximum sentence of life in prison. The date of sentencing has not been set.
At the plea hearing, Vivas Ceron admitted that between 2013 and 2017, Chinese sources of supply shipped several hundred pounds of fentanyl and fentanyl analogues to the United States and Canada. Vivas Ceron and members of his conspiracy imported these opioids into the United States and distributed them to their customers around the country. Vivas Ceron ran his drug trafficking organization from a jail cell in Canada, and he concealed his identity to facilitate the conspiracy by using aliases, encrypted WICKR accounts, and numerous email addresses. Vivas Ceron and his co-conspirators’ distribution in Canada and the United States resulted in 15 overdoses in North Dakota, Oregon, New Jersey, North Carolina, and Rhode Island, including four fatal overdoses, one of which was Grand Forks resident 18-year-old Bailey Henke.
“From a Canadian jail cell, Daniel Vivas Ceron directed a deadly drug ring that fueled the opioid epidemic and took the lives of four Americans,” said Assistant Attorney General Benczkowski. “Today’s guilty plea brings some measure of justice for the victims and families that fell prey to Vivas Ceron’s dangerous organization and its tragic track record of spreading addiction and abuse.”
“Ultimate justice can seem elusive in a case with such a wide swath of destruction. The defendant and his co-conspirators built themselves an organization that made them into regional, national and international merchants of death, and today’s guilty plea is an important milestone in the quest for justice on behalf of those who died and those who were injured by the defendant’s ruinous quest for profits,” said U.S Attorney Wrigley. “I want to personally commend the team of prosecutors and investigators who worked so ably across the nation and globe to make today’s guilty plea possible. We will work assiduously to secure a sentence that reflects the light of justice on the far-reaching damage done to innumerable victims, families and communities,”
“Daniel Vivas Ceron’s heinous crimes have caused unthinkable pain and anguish for dozens of people in Oregon and far beyond, including four victims who lost their lives to fatal overdoses,” said U.S. Attorney Williams. “At a time when our country desperately tries to free itself from the painful grip of the opioid crisis, criminals like Ceron and his more than 20 co-defendants are seeking to profit off addiction and death. The tragic irony of crime is that while Ceron will continue to live out his life in prison or beyond, four of his victims will not. The damage he caused is permanent. We cannot forget that.”
“My heart goes out to the friends and families of those who lost their lives as a result of the greed and selfishness of all of the individuals involved in this case,” said Special Agent in Charge Brad Bench of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Seattle, Washington. “The amount of cooperation between HSI and our state, federal, and international partners was invaluable to halting the deadly actions of this complex drug organization. While we will never know how many lives are saved because of our efforts, we hope we are able to provide just a small bit of peace to the families whose lives are forever changed as a result of the offender’s careless actions.”
“The Portland Police Bureau is fully committed to working with our local, state and federal partners to combat the illegal distribution and trafficking of deadly opioids in our communities,” said Commander Art Nakamura of the Portland Police Bureau Tactical Operations – Drugs and Vice in Portland, Oregon. “The Police Bureau, along with our partners, strive to keep our community members safe from these drug traffickers who sell these deadly drugs in our neighborhoods throughout our country. With this partnership, we will hold those responsible for distributing these deadly drugs accountable.”
Following his deportation from Canada, Vivas Ceron was taken into custody at the Tocumen International Airport in Panama City, Panama on July 17, 2015, pursuant to an arrest warrant in connection with an indictment filed in the District of North Dakota. After Vivas Ceron’s arrest in July 2015, the U.S. Attorney’s Office and the Justice Department’s Office of International Affairs, together worked diligently to extradite Vivas Ceron. On Jan. 25, 2017, Vivas Ceron was extradited to the United States from Panama after Panamanian authorities authorized the extradition.
This case is part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (SOD) near Washington, DC, as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks, North Dakota, of Bailey Henke.
Additional defendants charged in federal court in this investigation include:
District of North Dakota
- Jian Zhang, aka Hong Kong Zaron, 40, of China; Jason Joey Berry, aka Daniel Desnoyers, 36, of Quebec, Canada; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 39, of Quebec Canada; Marie Um, aka Angry Bird, 38, of Quebec, Canada; Vannek Um, 41, of Quebec, Canada; and Linda Van, 27, of Quebec, Canada were charged by a superseding indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money launder conspiracy were Na Chu, 38; Yeyou Chu, 37; Cuiying Liu, 63; and Keping Zhang, 63, all Chinese nationals;
- In a separate indictment returned on March 22, 2018, Steven Barros Pinto, aka Yeaboy, 38, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death and continuing criminal enterprise. On Nov. 28, 2018, a superseding indictment was filed adding the charges of obstruction of justice and money laundering conspiracy;
- Brandon Corde Hubbard, 44, of Portland, Oregon, pleaded guilty to conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death and money laundering conspiracy. He was sentenced on July 13, 2016, to serve life in federal prison;
- Ryan Jon Jensen, 24, of Grand Forks, North Dakota, pleaded guilty on Feb. 27, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death, one count of distribution of a controlled substance resulting in death, two counts of distribution of a controlled substance resulting in serious bodily injury and money laundering conspiracy. He was sentenced on Feb. 1, 2016, to serve 240 months in federal prison;
- Joshua Tyler Fulp, 24, of Grand Forks, pleaded guilty on June 23, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death. He was sentenced to serve 144 months in federal prison;
- Kain Daniel Schwandt, 23, of Grand Forks, pleaded guilty on July 24, 2015, to conspiracy to distribute controlled substances. He was sentenced on Jan. 25, 2016, to serve 42 months in federal prison;
- David Todd Noye Jr., 18, of Grand Forks, pleaded guilty on May 4, 2015, to conspiracy to distribute controlled substances. He was sentenced on Jan. 25, 2016, to serve 39 months in federal prison;
- Jameson Robert Sele, 24, of Grand Forks, pleaded guilty to conspiracy to distribute controlled substances. He was sentenced on July 27, 2015, to serve 36 months in federal prison;
- Ronnie Lee Helms, 34, of Acworth, Georgia, pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and controlled substance analogue resulting in serious bodily injury and death. His sentencing is scheduled for Oct. 1, 2019;
- Braden James Foley, 32, of Olympia, Washington, pleaded guilty on Aug. 11, 2016, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced to serve 30 months in federal prison on Nov. 21, 2016;
- Anthony Santos Gomes, 34, originally of Rhode Island and Davie, Florida, pleaded guilty to conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death and money laundering conspiracy. In addition to pleading guilty, Gomes agreed to forfeit a residence located in Davie, Florida; $162,836.00 in cash; 2007 Maserati Quattroporte; 2017 Polaris Sportsman XP ATV; and assorted jewelry valued at $64,725.00. His sentencing has been set for Nov. 15, 2019;
- Amanda Schneider, 29, of Port S. Lucie, Florida, pleaded guilty on Sept. 17, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. She was sentenced on Jan. 17, 2019, to serve 15 months in federal prison;
- Keveen Nobre, 29, of Providence, Rhode Island, pleaded guilty on Oct. 10, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 30 months in federal prison;
- Robinson Gomez, 36, of Charlotte, North Carolina, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 180 months in federal prison;
- David Campbell, 58, of Plantation, Florida, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 120 months in federal prison;
- Louis Bell, 31, of Port St. Lucie, Florida, pleaded guilty on Nov. 8, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 18, 2019, to serve 201 months in federal prison;
- Elizabeth Ton, 28, of Davie, Florida, pleaded guilty on June 18, 2018, to money laundering conspiracy. She was sentenced on March 8, 2019, to serve 41 months in federal prison; and
- Danny Gamboa, 22, of Pawtucket, Rhode Island, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 25 months in federal prison.
District of Oregon
- Channing Lacey, 32, of Portland, Oregon, pleaded guilty on March 28, 2017, to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death. She was sentenced on Aug. 28, 2017, to serve 135 months in federal prison;
- Steven Fairbanks Locke, 43, of Portland, pleaded guilty on June 14, 2017, to use of a communication facility to facilitate a drug offense. His sentencing is set for Nov.18, 2019; and
- Carissa Marie Laprall, 27, of Portland, pleaded guilty on March 28, 2017, to three counts of distribution of a controlled substance resulting in serious bodily injury. Her sentencing is set for Dec. 2, 2019.
This case is being investigated by HSI, U.S. Drug Enforcement Administration, U.S. Postal Inspection Service, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police and the Grand Forks Police Department.
Assistant U.S. Attorney Christopher C. Myers is prosecuting the cases in North Dakota; Assistant U.S. Attorney Scott Kerin is prosecuting the cases in the District of Oregon and assisting as a Special Assistant U.S Attorney in North Dakota. Acting Assistant Deputy Chief Adrienne Rose and Trial Attorney Kaitlin Sahni are prosecuting the case from the Criminal Division’s Narcotic and Dangerous Drug Section of the Justice Department.
Based upon the change of plea, Judge Senechal will issue a report and recommendation to Federal District Court Judge John P. Bailey of the Northern District of West Virginia, to formally accept Vivas Ceron’s guilty plea.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
- Jian Zhang, aka Hong Kong Zaron, 40, of China; Jason Joey Berry, aka Daniel Desnoyers, 36, of Quebec, Canada; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 39, of Quebec Canada; Marie Um, aka Angry Bird, 38, of Quebec, Canada; Vannek Um, 41, of Quebec, Canada; and Linda Van, 27, of Quebec, Canada were charged by a superseding indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money launder conspiracy were Na Chu, 38; Yeyou Chu, 37; Cuiying Liu, 63; and Keping Zhang, 63, all Chinese nationals;
Cleveland man sentenced to 30 years in prison for using a firearm while trafficking fentanyl, heroin and cocaineRead the Press Release
A Cleveland man was sentenced to 30 years in prison for using a firearm while trafficking fentanyl, heroin and cocaine.
Kernice Martin, 42, was sentenced to 360 months in federal prison. A jury found Martin guilty in April of four charges: possession with intent to distribute heroin and fentanyl; possession with intent to distribute cocaine; possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition.
Martin was pulled over by Cleveland police for a traffic stop on June 15, 2018 and found to have 0.79 grams of a mixture of fentanyl and heroin, 8.41 grams of cocaine, a Taurus .40-caliber handgun and ammunition. Martin was prohibited from possessing firearms because of three previous convictions for drug trafficking and one previous conviction for drug possession, according to court documents.
“Drug traffickers illegally carry firearms to protect their cash and their supply,” U.S. Attorney Justin Herdman said. “This case is another example of law enforcement working together to make our community safer.”
“Individuals who use firearms to further their criminal enterprises are a threat to everyone in our community,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with our law enforcement partners at the Cleveland Division of Police to make our city safer for everyone.”
This was prosecuted by Assistant U.S. Attorneys Kathryn Andrachick and Michael A. Sullivan following an investigation by the Cleveland Division of Police and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Cell phone store robber convicted in Federal CourtRead the Press Release
INDIANAPOLIS –United States Attorney Josh J. Minkler announced today that an Indianapolis man was sentenced to 10 years and 1 day in federal prison for robbing a cell phone store in Indianapolis, Indiana. The sentence was handed down on July 11, 2019, after Andre Hamilton, 24, was found guilty of one count of Interference with Commerce by Means of Robbery and one count of discharging a Firearm during a Crime of Violence. The case was heard by U.S. District Judge Sarah Evans Barker.
“Cell phone store robberies have declined since federal and local law enforcement involvement,” said Minkler. “It is imperative that individuals contemplating such heinous crimes know that these acts will not be tolerated and that they will be held accountable for their actions.”
The 10-year sentence in this case followed an investigation by the Indianapolis Metropolitan Police Department and the Federal Bureau of Investigation. That investigation revealed that on February 9, 2018, Hamilton entered a Boost Mobile cell phone store located on North Michigan Road in Indianapolis, Indiana. He wore a mask over the lower portion of his face and was armed with a revolver. Hamilton demanded cash from the store’s register. When the victim-clerk hesitated, Hamilton fired his revolver into the ceiling of the store before fleeing in a vehicle. Thanks to the quick response of the Indianapolis Metropolitan Police Department and assisting officers with the Indiana State Police, Hamilton was apprehended shortly thereafter in the getaway car.
“Robberies – particularly those, like this one, in which the perpetrator discharges a firearm – inject fear into our community,” Minkler stated. “Law enforcement must continue to aggressively investigate such cases in order to protect the public. The safety of shoppers, employees, and all citizens is of paramount importance.”
“Violent crime remains a significant priority for the FBI and we are committed to identifying and pursuing individuals who utilize firearms for criminal purposes and put residents in danger,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “This sentence highlights the partnerships the FBI has and the dedication of everyone involved in this investigation to ensure this individual is no longer a threat to our community.”
“We’ve made tremendous strides in the number of cell phone robberies as indicative in today’s announcement,” said Chief Bryan Roach. “IMPD will continue to leverage federal partnerships and the cell phone co-op to identify ways in increasing safety.”
This case was prosecuted by Assistant United States Attorneys Pamela Domash and Kendra Klump.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who engage in violent crime involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 2.3
Carnegie Man Pleads Guilty to Possession of More than a Kilogram of HeroinRead the Press Release
PITTSBURGH - A resident of Carnegie, Pennsylvania pleaded guilty in federal court to a charge of possession with the intent to distribute a kilogram or more of heroin, United States Attorney Scott W. Brady announced today.
William Thompson, 36, pleaded guilty to one count before Senior United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that on August 7, 2015, law enforcement attempted to stop Thompson, who was then operating a Porsche Cheyenne without a license. Thompson led the police on a high-speed chase on Route 28 during which speeds reached in excess of 100 miles per hour. Thompson eventually crashed and fled on foot, but law enforcement eventually captured him. A search of his vehicle revealed that Thompson was in possession of what later laboratory analysis determined was more than one kilogram of heroin.
Judge Conti scheduled sentencing for Nov. 5, 2019 at 3:30 p.m. The law provides for a maximum total sentence of life in prison, a fine of $10.00.000, or both, and a mandatory minimum of ten years of imprisonment. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The FBI Greater Pittsburgh Safe Streets Task Force consisting of Pittsburgh Bureau of Police, Allegheny County Sheriff's Office, Wilkinsburg Police Department, Allegheny County Police Department, Oakdale Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Thompson.
Bridgeport Woman Sentenced to Prison for Identity Theft, Health Care Fraud OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that NIKKITA CHESNEY, 46, of Bridgeport, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to seven months of imprisonment, followed by three years of supervised release, for her role in a Medicaid fraud scheme.
According to court documents and statements made in court, in May 2012, Chesney was employed by a health care provider that provided substance abuse treatment, including a detoxification program located in Bridgeport, when she was approached by Toshirea Jackson. Jackson and Juliet Jacob operated two businesses, Transitional Development And Training (TDAT) and It Takes A Promise (ITAP), both located at 360 Fairfield Avenue in Bridgeport, which provided social and psychotherapy services. At Jackson’s suggestion, Chesney began to steal the personal identification information of Medicaid clients who were patients of her employer. The personal identifying information included the patients’ Medicaid identification number, Social Security Numbers and dates of birth. Chesney, Jackson and Jacob then used the stolen identity information to bill Medicaid for psychotherapy services purportedly provided by TDAT and ITAP, when the Medicaid clients had never received any such services from TDAT and ITAP.
Chesney has admitted that she stole the identity information of more than 150 Medicaid clients, and that she and her co-conspirators successfully billed Medicaid for approximately half of those clients. Chesney further admitted that she and her co-conspirators also billed Medicaid for services to other clients that were never provided to those clients.
Judge Bolden ordered Chesney to pay restitution of $1,369,654.57.
On October 23, 2018, Chesney pleaded guilty to one count of health care fraud and one count of aggravated identity theft.
Chesney, who is released on a $25,000 bond, is required to report to prison on September 20, 2019.
Jackson and Jacob each pleaded guilty to one count of health care fraud for their roles in this scheme and a separate Medicaid fraud scheme. On May 30, 2019, Jackson, who was an employee of the Connecticut Department of Mental Health and Addiction Services, was sentenced to 24 months of imprisonment and ordered to pay restitution of $2,496,618. Jacob awaits sentencing.
Five other individuals have been charged and convicted of health care fraud offenses as a result of this and related investigations.
Chesney also has pending state charges stemming from a fraud scheme she engaged in while employed by a state contractor that provided services to individuals who were transitioning to the community following completion of substance abuse treatment. In 2017, Chesney and others submitted fraudulent claims for childcare services to a state program. Chesney’s role in the scheme involved 20 fraudulent claims that resulted in a loss of more than $35,000 to the state program.
This matter is being prosecuted by Assistant U.S. Attorney David J. Sheldon and Auditor Susan Spiegel.
This case has been investigated by the Office of the Inspector General of the U.S. Department of Health and Human Services and the Medicaid Fraud Control Unit of the Chief State’s Attorney’s Office and the Federal Bureau of Investigation, with assistance from the Connecticut Attorney General’s Office. U.S. Attorney Durham thanked the Connecticut Department of Social Services for their role in identifying the fraudulent scheme and supporting the investigation and prosecution of the case.
The U.S. Attorney’s Office, Chief State’s Attorney’s Office and Attorney General’s Office meet regularly as part of The Medicaid Fraud Working Group. The Working Group also includes representatives from the Connecticut Department of Social Services; the Connecticut Department of Public Health; the Drug Control Division of the Connecticut Department of Consumer Protection; the Office of the Inspector General of the U.S. Department of Health and Human Services, and the FBI. The Working Group reviews pending issues and cases, identifies trends that might indicate fraudulent activity, and coordinates efforts for maximum results.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Blythe man indicted for firing on helicopter during federal law enforcement operationRead the Press Release
AUGUSTA, GA: A Blythe man has been indicted on federal charges that he shot a helicopter being used in support of a law enforcement operation.
Terry Kielisch, 55, was indicted by a federal grand jury on charges of Assaulting a Person Assisting an Officer of the United States, Damaging an Aircraft, Use of a Firearm During and in Relation to a Crime of Violence, and Possession of a Firearm by a Prohibited Person, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
The charges in the five-count indictment carry sentences of 10 years to life in prison, along with substantial fines.
According to court documents in the case, Kielisch is accused of firing at and striking a Georgia State Patrol helicopter piloted by a GSP trooper and with a Richmond County Sheriff’s Office investigator as a passenger on March 12. The aircraft was providing support for Operation Gunsmoke, a sweep of defendants accused of drug trafficking and illegal firearms possession in Georgia and South Carolina, coordinated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Kielisch was not a target in the operation, and while the helicopter was damaged, neither the pilot nor the passenger were injured.
“This assault had potentially deadly consequences for the officers conducting their law enforcement duties,” said U.S. Attorney Bobby L. Christine. “Our office will vigorously prosecute anyone who would harm or attempt to harm the professionals who protect our communities.”
The case was investigated by the ATF, the Georgia State Patrol and the Richmond County Sheriff’s Office, and is being prosecuted for the United States by Assistant U.S. Attorney Hank Syms Jr. and Special Assistant U.S. Attorney Michael Marchman.
A criminal indictment contain only charges; defendants are presumed innocent unless and until proven guilty.
Attorney, Consultant and Business Owner Indicted for Wire & Bankruptcy FraudRead the Press Release
MADISON, WIS. — Chicago attorney Edward Lee Filer, consultant Robert Joseph Gereg and business owner Paul Michael Kelly have been indicted on wire and bankruptcy fraud charges alleging that they created a sham secured creditor with a senior lien on all of the assets of Kelly’s Chicago company, Barsanti Woodwork Corporation, for the purpose of fraudulently shielding the assets from legitimate creditors.
According to the 10 count indictment, Filer, 54, and Kelly, 49, both of Clarendon Hills, Illinois, and Gereg, 71, of Osprey, Florida, created sham limited liability companies and engaged in fraudulent agreements, assignments, transfers, transactions and state and bankruptcy court actions designed to make it appear that the fraudulent transactions involving Barsanti Woodwork’s assets were non-collusive and arms-length, in order to deceive and falsely represent to Barsanti Woodwork’s creditors and later to a bankruptcy trustee that Barsanti Woodwork’s assets had been taken by a secured creditor and that collection activities by legitimate creditors against Barsanti Woodwork would be futile.
Filer, then a partner in a Chicago law firm referred to in the indictment as Law Firm A, is alleged to have caused the fraudulent agreements, assignments, transfers, transactions and state and bankruptcy court actions necessary to accomplish the scheme.
The indictment further alleges that the defendants created BWC Capital to serve as a sham secured creditor of Barsanti Woodwork and falsely represented BWC Capital to be Gereg’s company, when, in reality, Gereg’s role was to conceal Kelly’s control of BWC Capital, as Filer had caused Gereg to secretly assign his interest in BWC Capital to a trust controlled by Kelly. The defendants then caused BWC Capital to use Barsanti Woodwork’s funds to purchase Barsanti Woodwork’s secured debt from a Bank at a discount and caused that Bank to assign its lien on Barsanti Woodwork’s assets to BWC Capital, giving Kelly control through Gereg of the senior lien on all of Barsanti Woodwork’s assets.
The defendants then allegedly began the process of fraudulently transferring Barsanti Woodwork’s assets to BWC Capital through a state court action using fraudulent back-dated confessions of judgment clauses and Gereg’s false affidavit which inflated the amount Barsanti Woodwork purportedly owed to BWC Capital. It is specifically alleged that Filer caused the confessions of judgment clauses to be back-dated in order conceal that they lacked consideration and to expedite the transfer of Barsanti Woodwork’s assets in anticipation of bankruptcy.
The indictment further alleges that the defendants created Barsanti Millwork as a sham entity under whose name Barsanti Woodwork continued to operate at the same location, and falsely represented Barsanti Millwork to be Gereg’s company, when, in reality, Gereg’s role was to conceal Kelly’s control of Barsanti Millwork, as Filer had also caused Gereg to secretly assign his interest in Barsanti Millwork to a trust controlled by Kelly.
According to the indictment, the defendants then put Barsanti Woodwork into a bankruptcy in which defendants attempted to conceal the fraudulent transfer of Barsanti Woodwork’s assets, including the use of Barsanti Woodwork’s funds to purchase the bank debt for the benefit of BWC Capital, and made and caused false representations to be made, including that BWC Capital was a creditor with a claim against Barsanti Woodwork. Filer is then alleged to have concealed records from creditors and the bankruptcy trustee. Finally, both Filer and Gereg are alleged to have testified falsely under oath.
The indictment was returned Thursday. It charges Filer with two counts of wire fraud and eight counts of bankruptcy fraud; Gereg with two counts of wire fraud and seven counts of bankruptcy fraud; and Kelly with two counts of wire fraud and three counts of bankruptcy fraud. Arraignment in federal court in Chicago has not yet been scheduled.
The law firm of Freeborn & Peters has authorized the disclosure that it is the law firm referred to in the indictment as Law Firm A. According to Scott C. Blader, United States Attorney for the Western District of Wisconsin, “Freeborn & Peters’ extensive cooperation with this investigation was exemplary and essential to successfully investigating this sophisticated offense.”
“The American public needs to be aware that any fraud or falsehood in connection with bankruptcy seriously undermines the integrity of the system,” said Craig Goldberg, Inspector in Charge of the Chicago Division of the United States Postal Inspection Service. “The U.S. Postal Inspection Service investigates crimes when the mail is used to commit a crime or in furtherance of a crime. The individuals charged in this case allegedly utilized the U.S. Mail as part of their scheme to shield assets from legitimate creditors.”
The indictment was announced by U.S. Attorney Blader, whose office is overseeing the matter; Inspector in Charge Goldberg of the U.S. Postal Inspection Service in Chicago; Irene Lindow, Special Agent-in-Charge of the Chicago Regional Office of the United States Department of Labor, Office of Inspector General; Tara Sullivan, Acting Special Agent-in-Charge of the Chicago Field Office of the Internal Revenue Service, Criminal Investigation; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI. The government is represented by Assistant U.S. Attorney Brian P. Netols and Special Assistant U.S. Attorney Jeffrey S. Snell.
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. Each wire fraud count is punishable by a maximum sentence of 20 years in prison, while each count of bankruptcy fraud carries a maximum sentence of five years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Indictment.pdfAtlantic County Man Convicted of Heroin Trafficking, Unlawful Possession of Firearm and Witness TamperingRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man has been convicted on heroin trafficking, firearms and witness tampering charges, U.S. Attorney Craig Carpenito announced today.
Sean Figaro, a/k/a “Carlito,” a/k/a “Carlito the don,” 32, was convicted July 11, 2019, on five counts of the indictment against him: Count 1 – distribution of heroin; Count 2 – possession of a firearm in furtherance of his heroin distribution; Count 3 – witness tampering; Count 4 – conspiracy to commit witness tampering; and Count 5 – unlawful possession of a firearm by a convicted felon. Figaro was convicted following a one-week trial before U.S. District Judge Renée Marie Bumb in Camden federal court. The jury deliberated less than three hours before returning the guilty verdicts.
According to documents filed in this case and the evidence at trial:
On Jan. 10, 2017, law enforcement officers from the Atlantic City Child Exploitation Task Force executed a state search warrant on Figaro’s hotel room in Atlantic City, New Jersey, where he had been staying off and on for at least a year. Officers recovered Figaro’s cell phone and a safe, containing a Jennings .22 caliber pistol loaded with five rounds, including one in the chamber, 119 individually packaged bags of heroin and various items used for packaging drugs for distribution, including additional bags, a digital scale, razor blades and a straw. Figaro’s fingerprints were found on the safe and his DNA was detected on the pistol and a cap, which had been in the safe.
Figaro’s phone contained additional evidence of drug trafficking and firearm possession, including text messages offering heroin for sale and describing how he earned his living: “my occupation is drug dealership;” and “I’m a dealer, not a pimp, not law, a street hustler.”
Figaro sent messages to a potential witness, calling the witness a “rat” and a “snitch” on Facebook, and later attempting to persuade the witness not to testify against him by feigning affection and promising to love and care for the witness.
The counts on which Figaro was convicted carry the following maximum sentences: Count 1 – 20 years in prison; Count 2 – life in prison, with a five-year mandatory minimum sentence consecutive to any other sentence; Count 3 – life in prison; Count 4 – life in prison; and Count 5 – 10 years in prison in prison. Figaro faces additional penalties, including fines of up to $1 million on Count 1, and up to $250,000 on each of Counts 2-5. Sentencing is scheduled for Oct. 14, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the Atlantic County Prosecutor’s Office, under the direction of Prosecutor Damon Tyner; the Atlantic County Sheriff’s Office, under the direction of Sheriff Eric Scheffler; and the N.J. Department of Human Services Police, under the direction of Commissioner Carole Johnson, with the investigation leading to the guilty verdict.
The government is represented by Assistant U.S. Attorneys Diana Vondra Carrig and Kristen M. Harberg of the Camden office.
Arsonist Convicted of Burning Conway Apartment Complex Sentenced to 15 Years in PrisonRead the Press Release
LITTLE ROCK—David Hartsell, who admitted to starting the fire that ultimately destroyed the Germantown Apartment Complex in Conway and injured multiple people, will serve 15 years in prison after being sentenced on Thursday.
United States District Court Judge D.P. Marshall Jr., sentenced Hartsell, 52, of Conway, to 180 months’ imprisonment, followed by five years of supervised release, and ordered him to pay $378,541 in restitution. Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Stephen Bridgmon, Acting Resident Agent in Charge of the Little Rock Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) announced the sentence.
Hartsell set the fire, which destroyed the 12-unit apartment complex, on February 27, 2017. A federal grand jury indicted Hartsell on two counts—malicious destruction of property by mean of fire, with injury, and possession of a destructive device in furtherance of a crime of violence—on July 11, 2017. He pleaded guilty to Count 1, the arson charge, on March 7, 2019.
“This 15-year sentence demonstrates the seriousness of the defendant’s actions,” stated U.S. Attorney Hiland. “Hartsell’s reckless behavior placed innocent people, including several small children, in the path of a raging fire. He also permanently displaced numerous families from their homes. This senseless destruction will not be tolerated.”
An ATF investigation concluded that the fire began in Hartsell’s own apartment in the Germantown complex. Hartsell used a flammable liquid to start the fire. After the fire was extinguished, the Conway Fire Department located what appeared to be two “Molotov cocktails,” or containers with incendiary liquid with wicks attached, in Hartsell’s apartment.
At Thursday’s sentencing hearing, ATF Special Agent Warren Newman (who is also a trained medic) testified about the significant danger the fire posed to the Germantown occupants, as well as the serious injuries sustained by some of the residents. According to Newman, the fire started around 4 a.m., when most of the occupants were asleep. It spread from Hartsell’s apartment to other apartments rapidly, and quickly engulfed one whole side of the complex. The residents on the second (top) floor had only one means of getting down—a staircase which was engulfed in flame. Because of this, residents had to jump from the second floor.
SA Newman stated that he conducted interviews with multiple people, including one individual who had to break out a window and tie bedsheets together to get down. That tenant’s adult dog and five newborn puppies died in the fire. Another family on the second floor had to jump from their window. One woman fractured five vertebrae in the fall. Her husband then had to drop their young children out the window to people waiting to catch them below.The most serious injury occurred when an upstairs tenant who had no other means of escape from his apartment had to run through his front door and a wall of flame and jump from the balcony. According to SA Newman, this individual suffered significant burns over most of his body, and suffered a serious heart injury from the impact of the fall. He required hospitalization for more than a year, and SA Newman stated he still suffers from his injuries.
The ATF, including the agency’s National Response Team, and Conway Fire Department and Conway Police Department investigated this case. Assistant United States Attorney Chris Givens prosecuted the case.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at http://www.justice.gov/edarTwitter: @EDARNEWS
Arrests by U.S. Marshals Task Force Continue Commitment to "All in Leon"Read the Press Release
TALLAHASSEE, FLORIDA – Ongoing efforts by the U.S. Marshals Florida/Caribbean Regional Fugitive Task Force (FCRFTF) have produced numerous arrests in Leon County following the recent launch of a multi-agency strike force, including three in the past week of individuals sought in cases that involved stolen weapons and other weapons charges, kidnapping, aggravated assault against law enforcement, auto theft, and probation violations. The arrests by United States Marshals, working in conjunction with the Leon County Sheriff's Office under the ALLinLEON initiative, were announced by Lawrence Keefe, United States Attorney for the Northern District of Florida.
U.S. Marshals arrested Torrieo Monte Johnson on July 3, 2019, at a family member’s residence in Tallahassee. During the arrest, Task Force members seized a semi-automatic Taurus handgun and rifle. Johnson was wanted by the Thomasville Police Department after fleeing a June 26 traffic stop during which Thomasville Police located two stolen rifles, including an AR15, and a 9mm handgun in Johnson’s vehicle. Johnson was charged with Felon in Possession of a Firearm (x3) and Grand Theft Firearm. He awaits extradition back to the State of Georgia on his felony charges.
Six days later, on July 9, Task Force members arrested 20-year-old Etavious Janquis Milton in Tallahassee. Milton was wanted by the Leon County Sheriff’s Office (LCSO) for a kidnapping that occurred on June 27, after Milton fled on foot from LCSO patrol deputies during a routine traffic stop on Crawfordville Highway and stole a car with an elderly woman inside it, finally abandoning the car and its passenger on the outskirts of Quincy. LCSO detectives charged Milton with Kidnapping, Aggravated.
Assault on Law Enforcement, Flee/Elude, Grand Theft of Vehicle, and Resisting Officer with Violence. Milton was also wanted on charges of Violation of Probation stemming from earlier charges of Aggravated Assault with Deadly Weapon, Carrying a Concealed Firearm, Burglary, and Grand Theft Motor Vehicle.
Federal task force members also responded that day to a request for assistance from the Tallahassee Police Department (TPD) for help in apprehending Jontavius Monroe, who was being sought by TPD investigators for Violation of Pretrial Conditions for a May 12 incident in which Monroe was arrested for Firing a Weapon in Public, Possession of Weapon by a Convicted Felon, Grand Theft of Firearm, and Possession of Marijuana. Monroe was also charged with Resisting Arrest without Violence.
The Tallahassee Division of the FRFTF consists of state and local law enforcement officers from the Leon County Sheriff’s Office, Leon County State Attorney’s Office, Madison County Sheriff’s Office, Wakulla County Sheriff’s Office, Perry Police Department, Taylor County Sheriff’s Office, and the Gadsden County Sheriff’s Office. These officers are sworn in as Special Deputy U.S. Marshals and, working alongside U.S. Marshals, target the most violent offenders in the Tallahassee area.
Federal, state, and local authorities last month launched a concerted effort to crack down on violent crime under LCSO’s ALLinLEON umbrella. That initiative has also engaged community volunteers to regularly take at-risk youth to places of worship, activated Neighborhood Crime Watch programs, and conducted other activities to target neighborhoods that are perennial hotspots for violence. The effort also aims to help connect individuals who are reentering the community from incarceration with education, job skills and substance abuse treatment.
All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html
An Armed Career Criminal Sentenced to 17 1/2 years in Federal Prison for Possession of a Firearm by a Felon, and EscapeRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley announced that on July 11, 2019, Chief United States District Judge Daniel L. Hovland sentenced Lonnie Alonzo Howard, age 48, of Bismarck, North Dakota, on charges of Possession of Firearm and Ammunition by a convicted felon, and Escape. Judge Hovland sentenced Howard to serve 17 1/2 years imprisonment, followed by three years of supervised release. On April 11, 2019, a federal jury found Howard guilty on both counts.
The case arose from an investigation in Mandan, North Dakota, that led the police to execute a search warrant in 2015 at a residence in Bismarck, where Howard was staying. In Howard’s bedroom, police found a 9mm handgun and loaded magazine in a toy basket. They also located two rounds of 9mm ammunition in a drawer in the bedroom, and 150 rounds of 9mm and 20-gauge ammunition in a backpack in the bedroom.
While Howard was awaiting trial, he absconded from a halfway house placement. He was a fugitive for approximately 11 months and on April 14, 2018, was stopped on I-94 near the Bismarck State Street exit. Howard struggled with the officer and damaged a Good Samaritan’s vehicle as he fled the scene. He escaped, but was apprehended in Bismarck 9 days later. For that incident, Howard was convicted in Burleigh County District Court of reckless endangerment, simple assault on a peace officer, and false information to law enforcement.
“The 17 years this defendant will spend in federal prison creates one of our favorite statistics in law enforcement: the crimes that will not occur up ahead as a result of the defendant being removed from the streets. Armed robbery, serious drug trafficking, unlawful possession of firearms by a felon, escape and resisting officers attempting to apprehend him, serious criminal history and conduct by Mr. Howard,” said United States Attorney Drew H. Wrigley. “He earned his lengthy federal prison sentence, and the interests of public safety and justice have been upheld in this case.”
Judge Hovland designated Howard an Armed Career Criminal under Federal law, due to prior felony convictions for armed robbery in Wisconsin and two serious drug offenses in Burleigh County, North Dakota.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; North Dakota Parole and Probation; Mandan Police Department; Bismarck Police Department; Metro Area Narcotics Task Force; and Burleigh County Sheriff’s Department
This Case was prosecuted by Assistant U.S. Attorney’s David D. Hagler and Jonathan J. O’Konek# # #
Ayudando Guardians’ President and Chief Financial Officer Plead Guilty to Conspiracy, Mail Fraud, Identity Theft, and Money Laundering Charges as Part of Multi-Million Dollar Financial SchemeRead the Press Release
ALBUQUERQUE – Sharon A. Moore, 64, and Susan K. Harris, 72, of Albuquerque, N.M. pleaded guilty in federal court this week to conspiracy and other financial crimes committed in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation based in Albuquerque that previously provided guardianship, conservatorship, and financial management to hundreds of people with special needs.
Both defendants pleaded guilty to charges previously filed against them in a superseding indictment returned on December 5, 2017. Moore pleaded guilty on July 9 and Harris pleaded guilty on July 11. In their plea agreements, Moore and Harris admitted to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering. According to their plea agreement, Moore acted as chief financial officer of Ayudando and Susan Harris acted as president. They engaged in a pattern of sophisticated criminal conduct from November 2006 to July 2017. This included unlawfully transferring money from client accounts to a comingled account without any client-based justification. They wrote and endorsed numerous checks, often of more than $10,000, from these comingled accounts to themselves, family members, cash, and other parties where payment would benefit their families. Moore also tried to conceal her criminal activity in reports to the Veterans Administration for fiduciary clients. She falsified bank statements and annual reports to disguise the theft of money from client accounts.
Moore and Harris are currently out of custody pending sentencing. Each faces a mandatory term of two years imprisonment at sentencing. Moore could be sentenced up to 20 years in prison under the terms of her plea agreement, while Harris’ plea agreement does not place an upper limit to the length of imprisonment possible at sentencing. They have also agreed to forfeit assets and funds derived from their offenses and to pay restitution to the victims.
The superseding indictment also charged Harris’s husband, William S. Harris, 58, and her son, Craig M. Young, 53. William Harris pleaded guilty on June 25, 2019, to conspiracy to defraud the United States and commit money laundering. Young is scheduled to go to trial September 23, 2019. Charges in an indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
11 July 2019
Young Brenham Woman Charged with Trafficking of a MinorRead the Press Release
HOUSTON - A 22-year-old Brenham woman is set to appear in federal court following the return of a three-count indictment alleging sex trafficking of a minor, announced U.S. Attorney Ryan K. Patrick.
Samantha Sanders, previously in state custody, is expected to make her initial appearance today before U.S. Magistrate Judge Christina Bryan at 10:00 a.m.
The federal indictment was returned June 18, 2019.
Sanders is charged with recruiting, harboring and soliciting three minor victims for commercial sex acts. The victims were under the age of 18 at the time of the sexual encounters, according to the indictment. Sanders is alleged to have benefited financially from her involvement in the trafficking of the minor victims.
If convicted, she faces a minimum of 10 years and up to life in prison.
The FBI conducted the investigation with the assistance of the Houston Police Department as part of the Human Trafficking Rescue Alliance (HTRA).
HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.
Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.
Assistant U.S. Attorneys Jill Stotts and Lisa Collins are prosecuting the case.
A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Woman from the United Kingdom Arrested, Charged with Illegal Re-entry After DeportationRead 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 Ebony Danielle Phillips, 38, of the United Kingdom, was arrested and charged by criminal complaint with illegal reentry after deportation following conviction of an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on July 3, 2019, at approximately 3:20 p.m., the defendant attempted to enter the United States at the Rainbow Bridge Port of Entry. Phillips was driving a vehicle bearing an Ontario registration but she presented a State of North Carolina driver's license, and stated that she was a citizen of the United States. The defendant was referred for secondary inspection. A subsequent records check determined that her birth place was the United Kingdom.
When asked if she had ever been arrested, Phillips replied “no.” A fingerprint check determined that she was convicted of Conspiracy to Commit Healthcare Fraud in the State of North Carolina in March 2017 and sentenced to nine months in prison. Upon her release from Bureau of Prisons custody, the defendant was arrested by Immigration and Customs Enforcement officers in January 2018, deported in August 2018, and permanently barred form re-entering the United States.
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and detained.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations, Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Wausau Man Sentenced to 8 Years on Methamphetamine ChargeRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Jake K. Jones, 28, Wausau, Wisconsin, pleaded guilty and was sentenced yesterday by U.S. District Judge William M. Conley to eight years in federal prison for possessing methamphetamine with intent to distribute.
On November 18, 2018, law enforcement officers stopped Jones’ vehicle for a traffic violation in Mosinee, Wisconsin. After providing a false name, Jones fled in his vehicle, reaching speeds of more than 100 miles per hour. Jones crashed his vehicle, then fled on foot. Eventually, Jones was arrested in possession of approximately 420 grams of pure methamphetamine.
The investigation subsequently revealed that Jones originally tried to purchase three pounds of methamphetamine but was only able to obtain one pound, which he intended to distribute in the Wausau area.
This is Jones’ fourth felony drug trafficking offense and Judge Conley remarked that Jones had a troubling history of adjustment under community supervision.
The charge against Jones was the result of an investigation conducted by the Central Wisconsin Narcotics Task Force, which includes the Marathon & Lincoln County Sheriffs’ Offices, Everest Metro and Wausau Police Departments, Federal Bureau of Investigation, Drug Enforcement Administration, and Wisconsin Department of Justice Division of Criminal Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Diane Schlipper.
Waterbury Man Sentenced to 18 Years in Federal Prison for Violent Armed Robbery SpreeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JEFFREY STOKARSKI, 44, of Waterbury, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 216 months of imprisonment, followed by five years of supervised release, for committing several violent armed robberies in late 2017 and early 2018.
According to court documents and statements made in court:
On December 27, 2017, Stokarski entered the Henny Penny located at 273 Meriden Waterbury Turnpike in Southington, pushed the sales clerk into the counter and verbally instructed her not to touch or say anything. Stokarski opened the cash register with a screwdriver and stole approximately $289 in cash.
Also on December 27, Stokarski approached a vehicle in the parking lot of the Country Cloverleaf Shell at 237 Route 81 in Killingworth, opened the driver’s door and punched the driver repeatedly in the face while demanding the driver’s wallet. During the robbery, Stokarski took from the driver an electronic cigarette worth approximately $110, a cell phone worth approximately $50, and the driver’s wallet containing approximately $90 in cash and gift cards.
Also on December 27, Stokarski entered the Krauszer’s Food Store located at 459 Madison Road in Durham, placed the store clerk in a headlock, pulled out a knife and placed it on the clerk’s back, dragged the clerk over to the register and then stole approximately $3,264 in cash and store items.
On December 31, 2017, Stokarski again entered the Henny Penny located at 273 Meriden Waterbury Turnpike in Southington, and demanded cash from the register. The clerk complied and gave Stokarski approximately $161 in cash from the register.
On January 1, 2018, Stokarski’s associate, Stacey Borowy, drove Stokarski to the Citgo Gas Station at 199 West Street in Litchfield. After entering the store, Stokarski grabbed the clerk, pulled out a knife and placed the knife across the clerk’s neck area while demanding that the clerk give up all the money. The clerk complied and provided Stokarski with approximately $2,084 in cash. Stokarski also stole several store items worth approximately $49.
Also on January 1, Stokarski entered the Dunkin Donuts located at 220 Main Street in New Hartford, pulled out a knife, jumped over the counter and while grabbing the clerk, yelled for the clerk to open the registers. The clerk complied and gave Stokarski all of the cash from within the registers.
On January 3, 2018, Borowy drove Stokarski to the Rayon Market located at 214 Edgewood Avenue in New Haven where Stokarski stole $1,400 in cash and a handgun from the clerk at knifepoint. Later that day, Stokarski entered the Cumberland Farms gas station located at 69 Rubber Avenue in Naugatuck, walked behind the counter and demanded money. He then pulled the stolen handgun from his waist area to show the clerk that he had a gun. The clerk complied with Stokarski’s demand and opened the registers. Stokarski then stole approximately $132 in cash and approximately $536 worth of cigarettes and fled in a vehicle driven by Borowy.
On January 6, 2018, Stokarski entered the Food Land grocery store located at 250 South Colon Road in Wallingford, pulled out a knife, dragged the clerk to the register and ultimately stole approximately $2,254 in cash, while injuring the clerk in the process.
Also on January 6, Stokarski and another man entered the Mobil gas station located at 385 Watertown Avenue in Waterbury and approached the register. Stokarski went behind the register, pulled out a knife and told the cashier to get back while Stokarski pried open the register, ultimately stealing approximately $727 in cash and several cartons of cigarettes.
On January 7, 2018, Stokarski entered the Valero Fas Mart gas station located at 384 Main Street in Durham, grabbed the clerk’s arm, and demanded that she open the register. He then pulled out a knife in an attempt to pry open the register himself. The clerk ultimately complied with Stokarski’s demand to open the register and Stokarski removed approximately $130 in cash.
On January 9, 2018, Stokarski entered Food Bag located at 960 Meriden Waterbury Turnpike in Southington, approached the register, pulled out a knife and began to pry open the register. He then removed approximately $100 from the register and about $500 in cigarettes.
Stokarski has been detained since his arrest on January 9, 2018. On October 30, 2018, he pleaded guilty to one count of Hobbs Act Robbery and one count of using or carrying a firearm during and in relation to a crime of violence.
Borowy, 39, of Farmington, pleaded guilty on September 20, 2018, to aiding and abetting an armed robbery. On July 10, 2019, Judge Meyer sentenced her to 18 months of imprisonment and three years of supervised release.
This matter was investigated by the Federal Bureau of Investigation, Connecticut State Police, and the Naugatuck, Southington, New Hartford, New Haven, Wallingford and Waterbury Police Departments. The case was prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Lauren C. Clark.
Venezuelan National Sentenced for Identity Theft and Passport FraudRead the Press Release
BOSTON – A Venezuelan national was sentenced in federal court in Boston today for identity theft and passport fraud.
Jose Antonio Rojas Marchan, 54, a Venezuelan national who resided in Lawrence until his arrest in September, was sentenced by U.S. District Court Judge Patti B. Saris to two years and one day in prison and three years of supervised release. Rojas Marchan will be subject to deportation upon completion of his sentence. In March 2019, Rojas Marchan pleaded guilty to one count of passport fraud and one count of aggravated identity theft.
In November 2014, Rojas Marchan applied for a U.S. passport at a Lawrence Post Office purporting to be a U.S. citizen. On the application, he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his, even though he knew they belonged to someone else. He supported the application with a Puerto Rican birth certificate and Massachusetts driver’s license in the U.S. citizen’s name. His application was flagged for additional review due to indicators of fraud and was ultimately denied. Rojas Marchan used the victim’s identity despite knowing it belonged to another real person. According to court documents, Rojas Marchan also attempted to get the victim removed from the victim’s health insurance plan so that Rojas Marchan could receive medical care under the same identity.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit prosecuted the case.
United States Reaches $1,275,000 Settlement with Power Company for Beaver FireRead the Press Release
DENVER – The United States has reached a settlement with the San Miguel Power Association to pay $1,275,000 for damages incurred by the United States in suppressing the Beaver Fire, announced Matt Kirsch, Attorney for the United States, acting under authority conferred by 28 U.S.C. § 515.
The Beaver Fire was a wildland fire that ignited on May 22, 2010, when two cottonwood trees fell across an electrical power line owned and operated by San Miguel Power. The fire burned approximately 2,600 acres of public and National Forest System lands near Norwood, in San Miguel County, Colorado. The United States incurred substantial costs in suppressing the fire.
The settlement resolves the United States’ allegations that the fire was caused by San Miguel Power Association’s failure to properly inspect the area adjacent to its power lines. The United States alleges that the trees that fell across the line were visibly decayed and should have been identified as hazards and removed prior to the ignition of the Beaver Fire. The United States’ position is that the San Miguel Power Association failed to properly train its employees and contractors and failed to put in place an adequate procedure or program to identify decayed trees that pose a fire risk. The San Miguel Power Association denies all liability or wrongdoing for causing the fire.
“Today’s recovery helps offset the financial cost to the public of fire suppression,” said BLM Colorado State Director Jamie Connell. “On behalf of the many firefighters who worked on these and other fires in the West, we appreciate a resolution that benefits the public, the public’s land, and the multiple uses public lands support in Colorado.”
The United States Attorney’s Office acknowledges the cooperation and teamwork demonstrated by governmental entities involved in today’s recovery. Special thanks are extended to the Bureau of Land Management, the United States Forest Service, the Department of the Interior’s Office of the Solicitor, and the Department of Agriculture’s Office of General Counsel.
The United States was represented in this matter by Assistant United States Attorneys Jacob Licht and Katherine Ross of the U.S. Attorney’s Office in Denver, Colorado.
U.S. Military Dependent Sentenced to Prison for Attempted Voluntary Manslaughter and Other Charges Stemming from an Assault of Several U.S. Airmen on a Military Base in JapanRead the Press Release
A Colorado man was sentenced to prison yesterday in connection with an attack on three U.S. Air Force airmen and resisting military police who attempted to restrain him.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Cody Hiland of the Eastern District of Arkansas and Colonel Kirk B. Stabler of the U.S. Air Force Office of Special Investigations made the announcement.
Rodrigo Pineda Gomez, 44, of Colorado Springs, Colorado, was sentenced to 30 months in prison followed by one year of supervised release by U.S. District Judge James Moody Jr. The sentence follows an April 2019 jury verdict finding Gomez guilty of various charges stemming from the assault, including one count of attempted voluntary manslaughter, one count of assault with a dangerous weapon, three counts of assault by striking, beating, or wounding, one count of resisting a federal officer and one count of making a false statement to law enforcement.
According to the superseding indictment and evidence presented at trial, on Dec. 31, 2016, on Misawa Air Base in Japan, the defendants, Rodrigo Gomez and his son, Miguel Gomez, assaulted three U.S. Air Force airmen. During the assault, defendant Rodrigo Gomez attempted to kill one of the airmen by attempting to snap his neck and stomping on his head repeatedly while he was on the ground. He subsequently resisted arrest after law enforcement arrived, and then later made a false statement about the incident. Co-defendant Miguel Gomez also assaulted one of the airmen. At the time of the assault, defendant Rodrigo Gomez was the dependent spouse and Miguel Gomez the son of an active duty service member assigned to the base. Their last known U.S. address at the time of indictment was Jacksonville, Arkansas.
The investigation was conducted by the U.S. Air Force Office of Special Investigations. Trial Attorney Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Stacy Williams of the Eastern District of Arkansas are prosecuting the case.
U.S. Attorney’s Office and Community Partners to Sponsor Drug Education/Violence Reduction Partnership Leadership Camp for South Florida YouthRead the Press Release
July 15-20th, 2019
Nova Southeastern University
The United States Attorney's Office Violence Reduction Partnership endeavors to create safer communities for our residents and our youth, by directly addressing gang and violent crime problems in the Southern District of Florida. The district's Drug Education for Youth (D.E.F.Y.)/Violence Reduction Partnership Leadership Camp promotes this goal through an anti-gang, anti-gun, anti-drug, anti-violence, and anti-bullying curriculum which targets at-risk youth ages 9-12 from high-crime, impoverished neighborhoods. The U.S. Attorney’s Office for the Southern District of Florida is proud to co-sponsor this invaluable program with the Overtown Youth Center and other community partners.
Since 2004, this week-long, over-night Leadership Camp has provided more than 800 at-risk kids with the tools they need to resist drugs, gangs, violent behavior, and bullying. The D.E.F.Y./Violence Reduction Partnership Leadership Camp's structured curriculum includes educational activities such as drug resistance, gang resistance, conflict resolution, anti-bullying, internet safety and life skills classes. In addition, the Leadership Camp offers the youth swimming lessons and physical fitness training programs that promote a healthy lifestyle, safety, increased self-confidence, mental health and leadership skills. The goal of the Leadership Camp is to have the youth return to their communities with the skills, knowledge and ability to make the right choices and resist violence, gangs and negative peer pressure, while maintaining a healthy and positive way of life.
This year, the D.E.F.Y./Violence Reduction Partnership Leadership Camp will be held July 15-20th, at Nova Southeastern University, Fort Lauderdale, Florida. More than 50 youth will be attending the Camp. The participating youth are from areas including, Homestead, Overtown, Goulds, Miami Gardens, Pompano, Lake Worth, and Ft. Pierce.
The U.S. Attorney’s Office thanks Nova Southeastern University, the Overtown Youth Center, City of North Miami Beach, municipal entities, and other local law enforcement entities for their support of this program.
Additional information regarding VRP initiatives is available at [email protected] (link sends e-mail) or by calling (305) 961-9134.
OPEN PRESS: The news media is welcome to attend the D.E.F.Y./Violence Reduction Partnership Leadership Camp. Interested members of the press should contact Special Counsel Sarah Schall at [email protected] to make arrangements to visit the Camp.
U.S. Attorney’s Office Continues Close Coordination with Jefferson County Commonwealth’s AttorneyRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman today announced the addition of Kaleb J. Noblett as a Special Assistant United States Attorney in the Louisville office, another resource in the ongoing effort to maximize collaboration between state and federal law enforcement to address violent crime, drug trafficking, public corruption, and other high priority criminal matters in Jefferson County.
“Louisville families are better-served when its state and federal prosecutors function as one team,” said U.S. Attorney Russell Coleman. “We are grateful to Mr. Wine for allowing yet another of his capable Assistants, Kaleb Noblett, to offer us his time, talent, and experience.”
Mr. Noblett is the third member of the Jefferson County Commonwealth’s Attorney’s Office currently working hand-in-hand with the U.S. Attorney’s Office in the role of Special Assistant United States Attorney. He has served with the Jefferson County Commonwealth’s Attorney Office since November of 2015, and previously served as a summer law clerk with the United States Attorney’s Office in 2013. Mr. Noblett serves as the Economic “White Collar” Liaison in the Office of the Commonwealth’s Attorney.
As Louisville homicides and violent crimes increase in the summer months, the United States Attorney’s Office is aggressively pushing back with a swell of federal resources working alongside state and local law enforcement to police and prosecute the worst offenders in all neighborhoods, in all 53 counties of the Western District of Kentucky. The office is also committed to tackling instances of fraud, abuse and rooting out instances of child exploitation in the district.
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Two men indicted for importing cocaine in Port of Savannah shipmentRead the Press Release
SAVANNAH, GA: Two men have been charged in a four-count federal indictment for the June 2019 shipment of more than 45 pounds of cocaine through the Port of Savannah.
Jimmy Alexander Pujols, a/k/a “El Gallo,” 35, and Fausto Mendez Ramos, a/k/a “Rudy Reyes Polanco,” 40, are charged with Conspiracy to Import a Controlled Substance, Conspiracy with Intent to Distribute and to Distribute a Controlled Substance, Importation of a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
Conviction on the charges carries a sentence of 10 years to life in prison. There is no parole in the federal system.
In June, Agents from the U.S. Drug Enforcement Administration (DEA), in conjunction with Homeland Security Investigations (HSI) and the Richmond County Sheriff’s Office, with assistance from the Augusta Fire Department, seized packages containing 21.3 kilos of cocaine while serving a federal search warrant at an Augusta warehouse holding a shipping container that had been transported from the Port of Savannah. Pujols and Ramos were taken into custody.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
This case is being prosecuted by Assistant United States Attorneys E. Greg Gilluly Jr. and Marcela Mateo.
Two from Toledo indicted on firearms chargesRead the Press Release
Two people from Toledo were indicted on federal firearms charges.
Yaree Moon, 41, was charged with being felon in possession of a firearm and ammunition. Moon possessed a Taurus .40-caliber pistol and five rounds of ammunition on April 16 despite a previous conviction for robbery, according to the indictment.
Kyle Jackson, 30, was charged with being a felon in possession of a firearm and ammunition. Jackson possessed a Bersa .380-caliber pistol and 11 rounds of ammunition on June 14 despite previous convictions for aggravated assault and being a felon in possession of a firearm, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
These cases are part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The Moon case is being prosecuted by Assistant U.S. Attorney Ashley A. Futrell following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Jackson case is being prosecuted by Assistant U.S. Attorney Matthew Simko following an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Toledo Police Department.
If convicted, the defendant's sentence will be determined by the Court after reviewing factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Two Men Sentenced for Drug and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that two men convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm During a Drug Trafficking Crime, were sentenced by U.S. District Judge Charles B. Kornmann.
Dayvon Byrd, age 29, from Watertown, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance, was sentenced to 60 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Joshua Noel Paul, age 38, from Watertown, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm During a Drug Trafficking Crime, was sentenced to 211 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Byrd was indicted by a federal grand jury on June 13, 2018, and a Superseding Information was filed on November 16, 2011. He pled guilty on December 7, 2018. Paul was indicated by a federal grand jury on March 13, 2018, and a Superseding Indictment was filed on June 12, 2018. He pled guilty on September 14, 2018.
The convictions stem from a methamphetamine conspiracy in and around the Watertown and Sisseton areas from November 23, 2017, through February 28, 2018. The conspiracy involved over 500 grams of methamphetamine, a Schedule II controlled substance. Byrd, and three other co-defendants, Alexis Dumarce, Amos Hall, and Danny Callahan, were selling methamphetamine brought to South Dakota from California by Paul and co-defendant Victor Caperon. Caperon and Paul were found with six pounds of methamphetamine on February 28, 2018, during a traffic stop in Corson County, South Dakota. This methamphetamine was intended for sale in the Watertown and Sisseton areas.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, Corson County Sheriff’s Office, Mobridge Police Department, and the Watertown Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Byrd and Paul were immediately turned over to the custody of the U.S. Marshals Service.
Towson Man Pleads Guilty to Federal Charge of Distribution of Child PornographyRead the Press Release
Baltimore, Maryland –Stephen Bayne Fields, Jr., age 47, of Towson, Maryland, pleaded guilty today to distribution of child pornography by using multiple social media accounts to send and receive video and still images of children engaging, and being used to engage in, sexually explicit conduct via the Internet.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Chief Melissa R. Hyatt of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, between July and September 2018, Fields used four social media accounts under alias names that were variations of a name beginning with the letter “T” and each included images of an adult female by that name as profile photos. “T” was 20 years old at the time and was known personally to Fields, who obtained the profile photos for his alias accounts from a genuine social media account used by “T” in her own name.
Fields admitted that during this time, using the four social media accounts created using “T’s” name and photos, he sent and received child pornography on numerous occasions. For example, as detailed in the plea agreement, while posing as “T” in July 2018, Fields sent messages to other social media users stating that he (or she) lived in Maryland and requesting “young girl pictures.” Between July 24 and September 2018, Fields received at least five videos depicting prepubescent minors engaged in sexually explicit conduct from other social media users. Fields also sent at least three videos and one still image depicting minors engaged in sexually explicit conduct to other users.
On August 30 and 31, 2018, Fields corresponded through the social media accounts with another user discussing that person’s sexual abuse of a seven-year-old minor female. Fields received two videos from the user depicting an adult male engaging in sexually explicit conduct with a prepubescent female. Fields also sent the other user a sexually explicit video. During their conversations, Fields asked the user to send him photos or videos of the user sexually abusing the girl.
Law enforcement became aware of Fields’ alias accounts through a series of Cybertipline reports made to the National Center for Missing and Exploited Children. Internet Protocol addresses used in August 2018 to access three of these accounts were subscribed by Fields at his residence in Towson. Law enforcement executed a search warrant at the residences and seized a laptop computer and other electronic devices.
As part of his plea agreement, Fields will be required to 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).
Fields faces a mandatory minimum of five years and up to 20 years in prison for distribution of child pornography. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for October 10, 2019, at 1:00 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI, HSI-Baltimore, the Baltimore County Police Department, and the Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Matthew J. Maddox, who is prosecuting the federal case.
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Three Men Sentenced to Prison for Stolen Identity Refund Fraud SchemeRead the Press Release
ALBANY, NEW YORK – Miles Bailey, age 54, of Queens, New York; Eric Thorne, age 51, of Albany; and James Simmons, age 51, of Albany, were sentenced to prison this week in connection with a conspiracy to use stolen identities to file fraudulent tax returns and obtain tax refunds. The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Jonathan D. Larsen, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
Bailey was sentenced today to serve 75 months in prison, to be followed by 3 years of supervised release.
Thorne and Simmons were each sentenced this week to serve 24 months in prison, to be followed by 3 years of supervised release.
Bailey was ordered to pay restitution in the amount of $1,916,928; Simmons was ordered to pay restitution in the amount of $22,778; and Thorne was ordered to pay restitution in the amount of $1,400 and a fine of $10,000.
Bailey pled guilty to conspiring with Simmons, Thorne and others to defraud the United States, through the IRS, by filing hundreds of false and fraudulent income tax returns using the stolen means of identification of other individuals and obtaining tax refunds to which they were not entitled.
Bailey used his own bank accounts and bank accounts in the name of his business, D.E. Caribe Taxes, to deposit the tax refund checks, after which Bailey withdrew, spent and transferred the money to his co-conspirators for their own purposes. Bailey also pled guilty to aggravated identity theft in connection with his deposits of tax refund checks bearing forged signatures. Simmons pled guilty to conspiracy to defraud the United States, and Thorne pled guilty to theft of public money. The conspiracy caused a loss to the IRS of $1,963,991.
Senior United States District Judge Frederick J. Scullin, Jr. presided over the cases and sentenced all three defendants.
This case was investigated by the IRS, the Town of Colonie Police Department, the Town of Niskayuna Police Department, the Albany Police Department, the New York State Police, and the United States Postal Inspection Service. It was prosecuted by Assistant U.S. Attorney Megan Kistler.
Third Ward Man Heads to Federal Prison for Drug and Weapons ChargesRead the Press Release
HOUSTON – A 33-year-old Houston resident has been ordered to federal prison following his conviction of manufacturing/possessing with intent to deliver a controlled substance and discharging a firearm during a drug trafficking crime, announced U.S. Attorney Ryan K. Patrick.
Robert Coleman pleaded guilty April 9, 2019.
Today, U.S. District Judge Sim Lake sentenced Coleman to 70 months for the drug charges. He also received 10 years for the firearms conviction which must be served consecutively. The total 190-month term of imprisonment will be immediately followed by three years of supervised release.
The investigation revealed Coleman sold gram quantities of cocaine, crack cocaine, marijuana and pills to various customers on a regular basis. Coleman delivered to customers that were in close vicinity to his residence. Authorities also learned Coleman cooked crack cocaine in his home.
Coleman was taken into custody Nov. 6, 2018, after law enforcement executed a search warrant at his residence. As they entered, Coleman fired a pistol at the door. No one was injured at that time.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Houston Police Department and FBI conducted the investigation. Assistant U.S. Attorney Jennie Basile and John M. Lewis prosecuted the case.
The case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.
The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives Provided LE Training on Project Safe Neighborhoods/P3 ProgramRead the Press Release
FLORENCE– Alabama law enforcement officers from seven counties across the Northern District of Alabama attended training in Florence on Wednesday. The training was conducted by the U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on prosecution of cases involving firearms and drugs in federal and state court, constitutional protections concerning search warrants, arrests and trials, and the U.S. Attorney’s Office Prosecutor-to Prosecutor Program, or P3.
“It was gratifying to see law enforcement officers from so many different agencies and counties, from all across our district, come together to hear about all of the ways our office is ready, willing and able to prosecute, and remove criminals from our neighborhoods,” said Assistant U.S. Attorney Bob Becher.
The U.S. Attorney’s Office provided an update for police officers, sheriffs and district attorneys on individual protections provided by the 4th, 5th and 6th Amendments of the U.S. Constitution and an explanation of P3.
The 4th Amendment guarantees the right of individuals to be free from unreasonable search and seizure. The 5th Amendment in criminal cases provides the right to a grand jury, forbids double jeopardy, and protects against self-incrimination. The 6th Amendment protects the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to counsel and the right to an impartial jury. The 6th Amendment also guarantees defendants the right to know the nature of the charges and evidence against them, and who their accusers are.
P3 is a six-step process by which state and federal prosecutors jointly determine whether a criminal case should be prosecuted by the U.S. Attorney’s Office. The “P3 Overlay” identifies state and federal criminal statutes with similar elements. Common elements that could trigger federal prosecution include use of a firearm, crossing of state lines, use of phones or internet to commit a crime, or victimizing an institution that is federally regulated or insured, or that receives federal grant funds. P3 is part of Project Safe Neighborhoods, the Department of Justice’s centerpiece program for fighting violent crime. PSN and P3 both underscore the need to target the worst offenders in the worst areas of crime in order to reduce violence.
ATF provided training on the National Integrated Ballistic Information Network (NIBIN), a national database of digital images of spent bullets, shell casings, and cartridge cases that were found at crime scenes or test-fired from confiscated weapons. The ATF manages the system and provides the equipment to crime labs around the country. There are NIBIN machines in many areas in Alabama, to include Birmingham, Huntsville, Mobile, Montgomery.
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Texas Judge Convicted of Bribery and ObstructionRead the Press Release
A Texas state district judge has been convicted of bribery and obstruction, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.
Following a six-day trial, Rodolfo “Rudy” Delgado, 65, of Edinburg, Texas, was convicted of one count of Conspiracy; three counts of Federal Program Bribery; three counts of Travel Act Bribery and one count of Obstruction of Justice. Delgado was originally charged in January 2018 by complaint, and then indicted in February 2018. The grand jury issued three superseding indictments.
“Corrupt judges can harm a community’s confidence in our judicial system,” said Assistant Attorney General Benczkowski. “Today’s verdict takes an important step toward restoring that confidence, and affirms that no one – especially not a judge – is above the law.”
“The bribery of a judge may be the worst break of the publics’ trust in government,” said U.S. Attorney Patrick. “Rudy Delgado used his position to enrich himself. He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back. Delgado’s actions unfairly tarnish all his former colleagues.”
Delgado is currently a justice in the Thirteenth Court of Appeals for the State of Texas. He was previously the presiding judge for the 93rd District Court for the State of Texas, which has jurisdiction over Texas criminal and civil cases located within Hidalgo County. As a district judge, Delgado conspired with an attorney from January 2008 to November 2016 to accept bribes in exchange for favorable judicial consideration on criminal cases pending in his courtroom.
As part of an investigation conducted by the FBI, Delgado also accepted bribes on three separate occasions in exchange for agreeing to release three of the attorney’s clients on bond in cases pending before his court. The first two bribes totaled approximately $520 in cash and the third bribe, which occurred in January 2018, totaled approximately $5,500 in cash. After Delgado learned of the FBI’s investigation, he also attempted to obstruct justice by contacting the attorney and providing a false story about the payments.
Sentencing has been set for Sept. 25, 2019. Delgado was permitted to remain on bond pending sentencing.
The FBI conducted the investigation. Trial Attorney Peter Nothstein of the Criminal Divison’s Public Integrity Section and Assistant U.S. Attorneys Arthur “Rob” Jones and Robert Guerra are prosecuting the case.
Tennessee Prison Inmate Facing Federal Charges for White Powder Mailing HoaxRead the Press Release
NASHVILLE, Tenn. – July 11, 2019 – Jeffery Durance, 36, of Gatlinburg, Tennessee, and an inmate of the Tennessee Department of Correction, was indicted yesterday by a federal grand jury, charging him with mailing a threatening communication and conveying false information while threatening to use a Weapon of Mass Destruction (WMD), announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
The indictment alleges that on September 6, 2018, Durance mailed an envelope containing a white powder to the Commissioner of the Tennessee Department of Correction, Tony Parker. The indictment also alleges that the envelope was sent through the U.S. Mail and contained a threatening letter, which caused a reasonable belief that the powder contained a biological agent or toxin, which would constitute a WMD. The receipt of the envelope at the Tennessee Tower State Office Building in Nashville caused a disruption in services until the powder was determined to be an inert material.
If convicted, Durance faces up to 10 years in prison for mailing a threatening communication and up to five years in prison for threatening to use a WMD.
This case was investigated by the FBI; the Tennessee Highway Patrol; the Tennessee Department of Correction; the Metropolitan Nashville Police Department; and the Metropolitan Nashville Fire Department. Assistant U.S. Attorney Robert S. Levine is prosecuting the case.
The defendant is presumed innocent until proven guilty in a court of law.
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Tax Preparer Sentenced for Falsifying Tax ReturnsRead the Press Release
St. Louis, MO – Renell Mace, 36, of Atlanta, GA, was sentenced to 21 months in prison for his role in preparing fraudulent tax returns. Mace appeared today before U.S. District Judge Stephen Limbaugh, Jr.
According to court documents, between January 1, 2010 and February 1, 2015, Mace worked as a tax return preparer for two business entities called Mace Property Group, LLC and Simplee Amazing Catering, LLC. Mace filed nearly 100 false tax returns, stating false wages for the purpose of increasing a taxpayer’s Earned Income Tax Credit refund or stating false educational expenses for the purpose of falsely claiming various refundable educational tax credits and the names of his clients. The actual amount paid to Mace and others through this scheme was $342,741.
The Internal Revenue Service – Office of Criminal Investigation investigated the case. Assistant United States Attorney Gwen Carroll is handling the case for the U.S. Attorney’s Office.
Two Men from McKinley County, N.m., Plead Guilty to Kidnapping in Indian CountryRead the Press Release
ALBUQUERQUE – Two men from McKinley County, N.M., have pleaded guilty in federal court in Albuquerque to a charge of kidnapping in Indian Country
A grand jury returned an indictment against Preston John, 24, of Gallup, N.M., and Brandon Largo, 27, of Crownpoint, N.M, on February 13, 2019. The indictment charged them with participating in a kidnapping on the Navajo Nation on September 3, 2018.
According to their plea agreements, these two defendants and a co-defendant, Adrianne Cellicion, were traveling as passengers in an automobile driven by the victim. They ordered the victim to an area behind a building where Largo put a chain around the victim’s neck and choked the victim. Cellicion taped the victim’s hands together. They blindfolded the victim and restrained the victim’s hands and legs. John held the victim’s neck and took the victim’s cell phone. They also tied the victim to a tree with John’s belt before fleeing the scene.
John pleaded guilty on July 5, 2019, and Largo pleaded guilty on July 9, 2019. They are both in custody and face up to life in prison. A jury previously convicted Cellicion of kidnapping and carjacking on June 5, 2019.
The Gallup, N.M., office of the FBI, the Gallup Police Department, and the Navajo Nation Department of Public Safety investigated this case. Assistant U.S. Attorneys Michael D. Murphy and Frederick Mendenhall are prosecuting the case.
Syracuse Man Pleads Guilty to Threatening to Kill VA Hospital EmployeesRead the Press Release
SYRACUSE, NEW YORK – Mark W. Sweeney, age 60, of Syracuse, New York, pled guilty today in Utica, New York. before United States District Court Judge David N. Hurd, to threatening to kill federal officials employed at the Syracuse Veterans Affairs Hospital (VA), announced United States Attorney Grant C. Jaquith and Jon Godfrey, Chief, Veterans Affairs Police, Syracuse, New York.
As part of his guilty plea, Sweeney admitted that he made a telephone call to the Veterans Crisis Line and during that call made several threatening statements directed to the Syracuse VA Hospital staff, including that he intended to kill multiple people who treated him and had a plan, and the means to do so.
Sweeney faces up to 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of up to three years when he is sentenced on November 7, 2019, by Judge Hurd. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the Veterans Affairs Police Department and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
St. Louis Man Indicted for the Armed Robbery of the Robinson Jewelry CompanyRead the Press Release
St. Louis, MO –Deven Strauther, 28, St. Louis, MO, was indicted today on two felony counts of attempted interfering with commerce by threats of violence and discharging a firearm in furtherance of a crime of violence stemming from the attempted armed robbery of the Robinson Jewelry Company on Chippewa Street in the City of St. Louis.
According to court documents, on May 25, 2019, Strauther and another individual arrived on the parking lot of Robinson Jewelry in a stolen vehicle. Strauther was armed with a semi-automatic weapon. The lower portion of his face was covered. Strauther attempted to enter the jewelry store.
An off-duty officer working security and the business owner were armed and fired their weapons at Strauther. Strauther was struck by the gunfire. Strauther fired his weapon into the business as he and the other suspect ran, entered the stolen vehicle, and fled from the scene.
Strauther was located approximately 30 minutes after the shooting at an area hospital with two gunshot wounds to his abdomen.
If convicted, the charge of attempted interfering with commerce by threats of violence carries a maximum penalty of 20 years in prison and a $250,000 fine and discharging a firearm in furtherance of a crime of violence carries a mandatory minimum sentence of 10 years in prison to be served consecutively to any other sentence imposed and a fine of $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The St. Louis Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives are investigating this case. Special Assistant U.S. Attorney Jennifer Szczucinski is handling the case.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
South Carolina Couple Indicted in Scheme Involving Conspiracy and False Statements to Illegally Obtain a U.S. PassportRead the Press Release
A South Carolina couple was indicted today on charges stemming from their conspiracy to obtain a U.S. passport by falsely claiming they were the parents of a baby from the Philippines and by using false records to apply for a U.S. passport for the baby, announced Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Sherri A. Lydon of the District of South Carolina.
The indictment alleges that in 2014, Gerald Vincent Locker Jr., 46, a former member of the United States Marine Corps, and Stephanie Jean Locker, 42, both of Huger, South Carolina, were stationed in Japan. While in Japan, the couple attempted to circumvent legal adoption processes by asserting that a baby from the Philippines was their own natural born child. Presenting a number of falsified documents to a U.S. Consular Officer, Stephanie Jean Locker applied for a Consular Report of Birth Abroad and in support of her application for a passport for the child, falsely attested that while in the Philippines on vacation, she learned she was pregnant five days before the baby was born.
The matter was presented to the Grand Jury on July 10, 2019. The indictment was returned on July 11, 2019, charging both defendants with one count of conspiracy and Stephanie Jean Locker with one count of making false statements in an application for a passport.
The charges and allegations in the indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
The Naval Criminal Investigative Service is investigating this case. Trial Attorneys Danielle Hickman and Christian Levesque of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dean Secor of the District of South Carolina are prosecuting the case.
South Bay Veteran Indicted for Alleged Impersonation of Federal OfficerRead the Press Release
SAN JOSE – A federal grand jury indicted Alexander Taylor on charges of impersonating a federal officer and possession of a counterfeit seal of an agency of the United States, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Chris Nielsen.
The indictment, filed earlier today, describes an incident on Christmas Eve of 2018 during which Taylor, 49, of San Jose, pulled over a driver and falsely stated he was a Drug Enforcement Administration (DEA) agent. Taylor allegedly showed the driver a fake DEA badge and stated he intended to issue the driver a traffic citation. Additional documents filed in the case contain allegations that suggest Taylor may be the person behind other bogus traffic stops. For example, an affidavit filed in the case states that in November of 2018, a person fitting Taylor’s description was driving a dark colored Volkswagen Jetta with red and blue lights. The person in the Jetta pulled over a tow truck on Highway 17 in Los Gatos that was on its way to assist the California Highway Patrol to remove a car from the scene of an accident. On that occasion, the person fitting Taylor’s description demanded to see the driver’s license and then asked the driver, “Do you want to die today?” Similarly, on February 27, 2019, someone in a dark-colored Jetta flashed red and blue lights to pull over a driver on Highway 85 near Interstate 280. Soon after the car pulled over, the Jetta veered back into traffic without speaking to the driver. A witness stated that the driver of the Jetta appeared to be laughing.
The indictment filed today charges Taylor with one count of false impersonation of a federal officer, in violation of 18 U.S.C. § 912, and one count of possession of a counterfeit seal of an agency of the United States, in violation of 18 U.S.C. § 506(a)(3). Taylor was arrested on March 2, 2019, and remains in federal custody. Taylor is scheduled to be arraigned on the charges on July 12, 2019, at 1:30 p.m., before U.S. Magistrate Judge Virginia K DeMarchi.
An indictment merely alleges that crimes have been committed, and Taylor, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the impersonation charge, Taylor faces a maximum statutory sentence of 3 years in prison and a fine in the amount of $250,000. If convicted of the impersonation charge, Taylor faces a maximum statutory sentence of 5 years in prison and a fine in the amount of $250,000. The court also may order an additional term of supervised release, fines or other assessments, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Jeffrey Backhus is prosecuting the case with assistance from Elise Etter. This prosecution is the result of an investigation by the DEA.
Six KCMO Employees Indicted for $58,000 Overtime Pay FraudRead the Press Release
KANSAS CITY, Mo. – Six employees of the Kansas City, Missouri, public works department have been indicted by a federal grand jury for their roles in a nearly three-year, $58,000 overtime fraud conspiracy.
Prentis M. Rayford, 36, Eric McKamey, 47, Paul Myers, 61, Edward Lee Ellingburg, 47, Kenneth Gethers, 33, and Julio Prospero, 49, all of Kansas City, Missouri, were charged in a 13-count indictment that was returned under seal by a federal grand jury in Kansas City, Mo., on June 26, 2019. That indictment was unsealed and made public today following the arrests of the defendants.
All of the defendants, who have an initial court appearance at 3:30 p.m. today, were employees of the city of Kansas City, Mo., in the Public Works Sign Division. The federal indictment alleges they participated in a conspiracy from January 2013 to Nov. 30, 2016, to receive more than $58,000 in overtime pay as a result of material false and fraudulent representations.
Among their responsibilities, these city employees replaced and repaired traffic signs that were missing or damaged. Certain signs, like stop signs, yield signs, one-way signs, and do not enter signs, are considered essential signs. The public can report a problem with an essential sign by calling the traffic operations dispatch or the 311 Action Center. When those reports are made after hours or on weekends, the city’s Public Works Sign Division calls in employees who are willing to work overtime. When an employee is called back after regular working hours or on the weekend, a minimum overtime of four hours is earned, regardless of how long it takes to resolve the issue. Overtime pay is time-and-a-half of the employee’s usual pay.
The federal indictment alleges that conspirators called in damaged signs after hours, called in signs that were not damaged, and had friends and relatives call in reportedly damaged signs, all in order to generate callouts for themselves and other employees. Conspirators allegedly submitted timesheets and work orders for callouts stating that they went to the location of the damaged sign and fixed it, when in fact they did not. They also allegedly submitted timesheets and work orders for callouts when signs were actually damaged, but were not fixed until the following normal work day. Ellingburg, Prospero, McKamey, and Rayford allegedly acquired a Voice Over Internet Protocol (VoIP) phone application, which disguised their phone number when they called the 311 Action Center.
According to the indictment, a supervisor at the Public Works Sign Division suspected in the summer of 2016 that employees were fraudulently creating and claiming overtime for callouts which were unnecessary or even false. Management arranged to be contacted when calls regarding downed signs were made to the 311 Action Center or traffic operations dispatch. Employees or their relatives often made the calls regarding downed signs themselves, the indictment says. Managers would go to the scene, usually before the employee, and photograph the sign. Often all the signs were up. Occasionally, a sign was down but was not repaired until the following workday. Managers tracked the GPS on work trucks, the indictment says, and often found that the trucks did not go to the location of the supposedly downed sign. Sometimes GPS indicated the trucks went to the location but either did not stop or did not stop long enough to repair a sign.
The internal investigation lasted from Aug. 23, 2016, to Nov. 13, 2016. During that time, approximately 75 percent of all callouts were found to be fraudulent. The city then reported its findings to the FBI for further investigation.
In addition to the conspiracy, the defendants are charged in a dozen counts of wire fraud related to auto-deposited paychecks that included fraudulent overtime payments. Rayford, McKamey, and Gethers are each charged in three counts of wire fraud. Myer, Ellingburg, and Prospero are each charged in one count of wire fraud. The indictment also contains a forfeiture allegation, which would require the defendants to forfeit to the government approximately $58,000 received in connection with the alleged offenses.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kate Mahoney. It was investigated by the FBI and the Kansas City, Mo., Police Department.
San Joaquin County Biodiesel Firm Sentenced to Probation, Fines for Clean Water Act ViolationsRead the Press Release
SACRAMENTO, Calif. — On July 8, 2019, United States District Judge Kimberly J. Mueller sentenced the corporation known as American Biodiesel, Inc. for violations of the Clean Water Act, U.S. Attorney McGregor W. Scott announced.
American Biodiesel, Inc., registered in San Joaquin County as Community Fuels, manufactured biodiesel fuel on property leased from the Port of Stockton.
According to court documents, American Biodiesel, Inc. admitted to allowing the discharge of industrial wastewater into the City of Stockton sewer system in violation of Stockton permitting regulations and the federal Clean Water Act. American Biodiesel, Inc. also admitted to tampering with monitoring devices and methods designed to detect such violations. Specifically, employees tampered with pH recordings and flow meters for the purpose of underreporting acid and pollutant levels and volumes that would have exceeded the figures allowed under the City’s regulations.
Judge Mueller imposed a three-year term of probation on American Biodiesel, Inc., including various reporting and monitoring conditions. Judge Mueller also fined American Biodiesel, Inc. $401,000 and ordered restitution to the Port of Stockton and the City of Stockton in the amount of $256,206. Judge Mueller further ordered the company to develop and implement an effective compliance and ethics program, which will be submitted to the court for review.
The indictment in the case also charges Christopher Young, 41, of El Dorado Hills, with conspiracy, 12 counts of tampering with monitoring equipment, two counts of unlawful discharge of industrial wastewater, one count of false statements, and one count of witness tampering. Christopher Young was the Director of Operations at the Stockton plant. The same indictment charges his brother Jeremiah Young, 38, of El Dorado, with conspiracy, eight counts of tampering with monitoring equipment, and two counts of unlawful discharge of industrial wastewater. Jeremiah Young was Assistant Operator for Community Fuels from 2014 to 2016. The Youngs’ cases remain pending before the court. The charges are only allegations; each defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the EPA’s Criminal Investigation Division, San Joaquin County District Attorney’s Office, City of Stockton Municipal Utilities Department, San Joaquin County Environmental Health Department, Port of Stockton, and California Department of Toxic Substances Control.
Assistant United States Attorneys Samuel Wong, Philip A. Scarborough, and Paul Hemesath are prosecuting the case.
R.I. Man Charged with Enticement, International Travel to Engage in Illicit Sex with a MinorRead the Press Release
PROVIDENCE – A Pawtucket man was arrested today on charges he allegedly travelled to Canada to engage in illicit sexual activity with a 13-year-old girl he enticed online during a series of exchanges of messages and pornographic images.
Herbert J. Rodas, 22, was arrested by Homeland Security Investigation (HSI) agents and members of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force on a federal criminal complaint charging him with transferring obscene material to a minor, enticement of a minor to engage in illicit sexual activity, and travelling in interstate or foreign commerce with intent to engage on illicit sexual activity.
According to court documents, in June 2019, the Winnipeg Police Service contacted the ICAC Task Force and HSI in Providence to report the sexual assault of a 13-year-old female. According to information developed by Winnipeg Police, Rodas allegedly travelled from the United States to Canada to engage in sexual activity with the minor victim after more than two months of online communications between the two.
According to court documents, it is alleged that Rodas and the victim met online and began communicating with one another in January 2019 using several social media applications. Within 10-15 minutes of the initial communication, the talk turned sexual and, after repeated requests by Rodas, the victim performed a sex act.
It is alleged that as the communications continued, at Rodas’ request, on multiple occasions the victim sent Rodas images of herself in various stages of undress, to include fully nude photos. Rodas sent the victim several sexually explicit and graphic images of himself. Some of the messages sent by Rodas using Snapchat contained user’s information, to include Rodas’ home address.
It is alleged in court documents that on April 25, Rodas flew to Canada and rented a hotel room in his name, for which he paid cash. Over the next three days, Rodas met with the victim on several occasions and engaged in illicit sexual activity with her. The victim provided physical evidence to the Winnipeg Police she said was connected to the first sexual encounter.
Rodas was arrested today by HSI agents and members of the ICAC Task Force during a court-authorized search of his Pawtucket residence, at which time law enforcement seized, among other items, Rodas’ passport, an airline boarding pass from Toronto to Boston for Rodas’ return trip from Canada, a Super 8 Motel receipt, and several electronic devices.
United States Attorney Aaron L. Weisman, Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh, and Superintendent of the Rhode Island State Police Colonel James M. Manni announce the arrest and filing of a criminal complaint in this matter.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Rodas was released to home confinement with electronic monitoring and ordered to have no contact with the victim.
Transferring obscene material to a minor is punishable by statutory penalties of up to 10 years imprisonment, a fine of $250,000, and a term of 5 years supervised release. Enticement of a minor to engage in illicit sexual activity is punishable by a term of imprisonment of 10 years – to life, lifetime supervised release, a fine of $250,000, and a court-imposed special assessment of $5,000. Travel with intent to engage in illicit sexual conduct is punishable by up to 30 years imprisonment, lifetime supervised release, a fine of $250,000, and a court-imposed special assessment of $5,000.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Property Preservationist Pleads Guilty in $10 Million Fraud SchemeRead the Press Release
PROVIDENCE – Former East Greenwich, R.I. businesswoman Monique N. Brady, 44, whose company, MNB, specialized in preserving the condition of foreclosed homes for resale, today admitted to utilizing her business and business contacts, often times family members, friends, and business associates, to operate a $10.3 million dollar Ponzi scheme.
Brady admitted to the Court that she fraudulently represented to potential investors that her company had secured contracts to perform large scale rehabilitation projects on foreclosed properties in Rhode Island, Connecticut, Massachusetts, and New Hampshire. She represented to investors that payments ranging from approximately $20,000 to $80,000 were needed to pay subcontractors to perform the work.
In reality, MNB was hired by banks to perform menial tasks such as mowing grass, changing locks, winterizing properties, boiler or electrical inspections, and snow removal. The majority of projects secured by MNB were for less than $1,000. Many were for as little as $25 dollars to a few hundred dollars.
Brady often solicited and received multiple investments for the same property. To make potential investors believe she had secured contracts for large scale rehabilitation projects, Brady provided fraudulent emails purporting to be from a national property rehabilitation company claiming Brady had been approved to rehabilitate a property. Brady included in the emails fraudulent itemizations of work to be performed. Brady also included, without permission, the identity of an actual employee of the national property rehabilitation company in an attempt to make the emails appear authentic.
Records indicate that of the 171 properties for which Brady solicited and received funds from investors for rehabilitation projects, 98 were for properties her company was never hired to preserve, on which absolutely no work was performed.
In return for their investment, thirty-one investors were promised a return of fifty percent of the profit realized on the project they invested in. Many investors realized little or no return on their investment. By the time the scheme ended after its discovery in the summer of 2018, twenty-two individuals had lost approximately $4.78M to Brady.
Brady admitted that among those defrauded were close friends in the East Greenwich community, a close friend from childhood, a close friend from law school, her step-brother, and an older woman who was essentially a nanny to her children. Other victims included three Warwick firefighters and an elderly man with Alzheimer’s disease.
Brady also admitted to attempting to obstruct an Internal Revenue Service criminal investigation when, after being told by IRS investigators she was under investigation, she asked investors to delete or destroy all email correspondence, texts, and documents relating to their investments in MNB rehabilitation projects.
Appearing today before U.S. District Court Judge John J. McConnell, Jr., Monique N. Brady pleaded guilty to wire fraud, aggravated identity theft, and obstructing an IRS investigation, announced United States Attorney Aaron L. Weisman for the District of Rhode Island, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Special Agent in Charge of Internal Revenue Service Criminal Investigation Kristina O'Connell, and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Brady, who remains detained in federal custody, is scheduled to be sentenced on October 4, 2019. Wire fraud is punishable by statutory penalties of up to 20 years in prison, up to 5 years supervised release, and a fine of up to $250,000 or twice the gross profit/loss. Obstructing an IRS investigation is punishable by statutory penalties of up to 3 years in prison, 1 year supervised release, and a fine of $5,000. Aggravated identity theft is punishable by statutory penalties of a 2-year mandatory sentence consecutive to any other sentence imposed in this matter and 1 year of supervised release.
The case is being prosecuted by Assistant United States Attorney Lee Vilker of the District of Rhode Island and Trial Attorney Christopher O’Donnell of the Tax Division.
The matter was investigated by agents from IRS-Criminal Investigation and the FBI.
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