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Wednesday 29 May 2019
Last Man Hammered for String of Violent Commercial RobberiesRead the Press Release
HOUSTON – A Houston federal judge has sentenced a 23-year-old local man to more than 26 years in prison following his conviction of three counts of robbery and three counts of brandishing a firearm during a crime of violence, announced U.S. Attorney Ryan K. Patrick.
Deamonta Frederick Taylor, of Houston, pleaded guilty Jan. 30, 2019, admitting he took part in several robberies of cell phone stores in 2017. In one of those crimes, a pregnant female was ordered to strip naked at gunpoint.
Today, U.S. District Judge David Hittner ordered Taylor to serve a total of 315 months in prison. The court imposed 63 months in prison for the three robberies and 84 months in prison for each of the firearms charges, all of which must be served consecutively to each other and to the underlying robbery sentences. The total 26-year sentence will be immediately followed by five years of supervised release.
Co-defendants Kevin Eugene Harrison and Marquise Turner, both 23 and also of Houston, each pleaded guilty to one count of robbery and one count of brandishing a firearm. Harrison and Turner previously received 141 and 125 months in prison, respectively.
For several weeks in October and November 2017, the three men committed a series of commercial armed robberies, including several that took place at cellular telephone stores in the greater Houston area. Several of the victims were female, one of whom was pregnant. Taylor had made the women strip naked at gunpoint during the robberies.
On Nov. 9, 2017, a joint task force operation resulted in surveillance and the ultimate arrest of Taylor and his co-defendants as they fled a robbery they committed at a Metro PCS cellular telephone store on Aldine Mail Route Road in Houston. The two female victims in that robbery identified Taylor as the gunman.
The investigation eventually linked Taylor and his co-defendants to multiple robberies in the Fall of 2017.
All three men have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Harris County Sheriff’s Office, Texas Department of Public Safety and the Houston Police Department conducted the investigation. Assistant U.S. Attorney John Michael Lewis is prosecuting the case.
Lake Mary Woman Convicted of Mail Fraud Involving Scheme to Defraud eBay and PayPalRead the Press Release
Orlando, Florida – Jolanta Kucharski (54, Lake Mary) has pleaded guilty to mail fraud. She faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, Kucharski assisted her son, Brian Kucharski, in obtaining from publicly available websites personal identifying information of unsuspecting individuals, including their names and birthdates, and using that information to create fake eBay selling accounts. Brian Kucharski then used those accounts to negotiate the fraudulent sale of products, predominantly gift cards, through eBay, Inc. Unsuspecting eBay customers paid for ordered items through fraudulent PayPal accounts that Jolanta and Brian Kucharski had created. Brian Kucharski used the fraudulently obtained proceeds of the illegal activities to purchase precious metals, which were delivered to the Kucharskis through the U.S. mail.
Meanwhile, instead of mailing the purchased items to the eBay customers, Jolanta and Brian Kucharski also used the U.S. Postal Service (USPS) to disguise their fraudulent activities, by mailing random items to other individuals and using the USPS tracking numbers for those items to represent to eBay customers, and eBay, that they had mailed the purchased eBay items. The customers never received their items, and their demands for refunds were routinely denied.
The scheme was uncovered when postal customers all over the United States received priority mail packages containing random items of no value and contacted their local police departments and post offices. U.S. Postal Inspection Service investigators then identified Brian and Jolanta Kucharski as the perpetrators of the eBay scheme.
On November 6, 2018, Brian Kucharski pleaded guilty to mail fraud. He is scheduled to be sentenced on June 10, 2019.
This case was investigated by the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Laconia Man Sentenced to 46 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Robert Saint John, 32, of Laconia, was sentenced to 46 months in prison for fentanyl trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on May 31, 2017, the defendant and two other men pooled their money for the purpose of buying drugs. They drove together from Belmont, New Hampshire, to Lawrence, Massachusetts. In Lawrence, the men met with their drug supplier, purchased a quantity of fentanyl, and began to drive back to New Hampshire. On the highway near Derry, New Hampshire, the New Hampshire State Police conducted a traffic stop and seized a package containing approximately 111 grams of fentanyl.
Saint John previously pleaded guilty on March 29, 2018.
“This case highlights the all too familiar route by which fentanyl is introduced into New Hampshire,” said U.S. Attorney Murray. “Dealers who choose to bring this lethal substance into our state should understand that they will be arrested, prosecuted and incarcerated. We will continue to work closely with our law enforcement partners to stop the distribution of this deadly drug in the Granite State.”
“Fentanyl is one of the most lethal threats facing New Hampshire right now, and this case is just another example of what we’re doing to target the flow of illegal narcotics coming up from Lawrence, Massachusetts into our neighborhoods,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will continue to do everything it can to work with our law enforcement partners to attack the sources of supply, and send a strong message to dealers that they will be caught.”
This matter was investigated by the FBI, the New Hampshire State Police, and the Laconia Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski.
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Justice Department Announces Sixth Settlement Under the Civil Rights Division’s Protecting U.S. Workers InitiativeRead the Press Release
The Department of Justice today reached a settlement agreement with El Expreso Bus Company (El Expreso), a company that provides intercity passenger bus service, headquartered in Houston, Texas. The agreement resolves the Department of Justice’s investigation into whether El Expreso unlawfully denied employment to qualified and available U.S. workers because it preferred to hire temporary visa workers with H-2B visas. This agreement is the sixth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department’s investigation determined that El Expreso failed to consider applications from qualified U.S. workers for its temporary bus driver positions and then petitioned for H-2B visa workers to fill the positions, even though the H-2B visa program requires employers to recruit and hire available and qualified U.S. workers before they receive permission to hire temporary foreign workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating in the hiring process based on a worker’s citizenship status or national origin. Refusing to hire or consider U.S. citizens because of their citizenship status violates the anti-discrimination provision of the INA.
“Employers cannot discriminate against qualified U.S. workers because they prefer to hire visa holders,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This agreement is part of the Civil Rights Division’s continuing commitment to protect U.S. workers from discrimination, and we look forward to working with El Expreso as a partner in compliance.”
Under the settlement, El Expreso must engage in enhanced recruiting and job advertising efforts to attract qualified U.S. workers before using temporary visa programs. El Expreso must also set aside $197,500 to pay any wages lost by U.S. workers whose applications it improperly rejected or ignored, pay $31,500 in civil penalties to the United States, and be subject to monitoring compliance by the Department of Justice.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with six employers. Since the Initiative’s inception, employers have agreed to pay or have distributed nearly $1 million in back pay to affected U.S. workers and civil penalties to the United States. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to: discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Jacksonville Man Sentenced on Drug and Gun Charges Following Parking Lot Shooting IncidentRead the Press Release
NEW BERN — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Louise W. Flanagan sentenced Ezriel Pagan, 41, of Jacksonville to 100 months’ imprisonment, followed by 5 years of supervised release. On October 18, 2018, Pagan pled guilty to three counts: possession with intent to distribute heroin, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a felon.
The evidence established that at around 2:00 a.m. on February 18, 2018, officers of the Jacksonville Police Department responded to a shots fired call at Hooligans Pub & Music Hall in Jacksonville. Officers learned from a Hooligans security guard that a man in a red Nissan had fired a gun multiple times in the parking lot before fleeing down Dewitt Street. Officers were able to intercept the vehicle and arrest its driver and sole occupant, PAGAN. Under the driver’s seat, they found a Colt .380 caliber handgun. Investigators later found four matching shell casings in the Hooligans parking lot.
Two days later, detectives learned that PAGAN had made suspicious statements during jail calls to his girlfriend. During the calls, PAGAN urged his girlfriend to recover his impounded car because he had some “baby food” in it. The girlfriend agreed that she would need to recover the car if it held something that could get PAGAN in trouble. In response to this conversation, and understanding “baby food” to be a reference to narcotics, detectives obtained a search warrant for the still-impounded car. Under the driver’s side dashboard, they located two plastic bags of heroin, as well as small amounts of marijuana and hydrocodone.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Jacksonville Police Department, the Onslow County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government.
Jackson County Man Pleads Guilty to Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Jackson County man pled guilty to federal gun crimes, announced United States Attorney Mike Stuart. Robert Logan Gorman, 28, pled guilty to being a drug user in possession of a firearm and to illegally possessing a firearm silencer.
“Drugs users and guns – a bad combination,” said United States Attorney Mike Stuart. “Those who violate our gun laws will face prison time. Federal gun laws carry stiff penalties.”
At the plea hearing, Gorman admitted that he is an unlawful user of and addicted to methamphetamine. He admitted that he possessed a firearm and firearm silencer on October 6, 2018, near Ravenswood.
He faces up to 20 years in prison and a $500,000 fine when he is sentenced on August 21, 2019.
The investigation was conducted by the Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Steve Loew is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
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Irondequoit Man Arrested, Charged with Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Logan Nedo, 33, of Irondequoit, NY, was arrested and charged by criminal complaint with producing and possessing child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum 50 years, along with a lifetime term of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on May 19, 2019, Nedo turned himself in to the Brighton, New York Police Department, after it was discovered by family and friends that the defendant allegedly sexually abused two minor children in his care. After discovering that the alleged abuse primarily took place in the Town of Irondequoit, the Brighton Police Department turned Nedo over to the Irondequoit Police Department. The investigation continued and the defendant was eventually arrested on state charges involving the physical sexual abuse of the children.
During their investigation, the Irondequoit Police Department discovered that Nedo had produced and saved videos and images of the abuse. As a result, several electronic items were seized from the defendant’s home and turned over to the FBI Child Exploitation Task Force for processing. A preliminary examination revealed both videos and photographs depicting the sexual abuse of the minor victims by Nedo, as well as approximately 2,500 images of unrelated child pornography. The items were subsequently transported to the Regional Computer Forensics Laboratory for further forensic analysis.
The defendant made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.
The criminal complaint is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo; the Brighton Police Department, under the direction of Chief Mark T. Henderson; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the Regional Computer Forensics Laboratory and the Bivona Child Advocacy Center. Nedo is also facing a parallel New York State prosecution by the Monroe County District Attorney’s Office.
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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Immigration Detention Center Employees Indicted for BriberyRead the Press Release
BROWNSVILLE, Texas – A federal grand jury has returned an indictment against three local residents for selling alien detainee roster lists in exchange for cash, announced U.S. Attorney Ryan K. Patrick.
The five-count indictment was returned under seal May 28. Today, law enforcement took Benito Barrientez, 42, of Lyford; Damian Ortiz, 30, of Weslaco; and Exy Adelaida Gomez, 42, of Los Fresnos, into custody. They are expected to make their initial appearances before U.S. Magistrate Judge Ronald Morgan at 10 a.m. tomorrow.
Barrientez and Ortiz were employed at the Willacy County Regional Detention Center as a classification clerk and a senior program director, respectively. Gomez was a corrections officer at the El Valle Detention Center. Both facilities are located in Raymondville.
The three are charged with conspiracy to commit bribery and bribery.
The indictment alleges Barrientes, Ortiz and Gomez obtained alien detainee roster lists from the EL Valle Detention Center and the Port Isabel Detention Center-Los Fresnos, while employed in their respective capacities.
The lists contained the names, dates of birth, country of origin and other information of alien detainees, according to the charges. The three defendants allegedly then provided the lists to a local attorney in exchange for money. The indictment alleges the attorney would then use that information to attempt to solicit the detainees to hire his firm in immigration proceedings.
If convicted, the three employees defendant face up to 15 years in federal prison for the bribery charges and up to five years for the conspiracy. Each charge also carries a possible $250,000 maximum fine.
Immigration and Customs Enforcement – Office of Professional Responsibility conducted the investigation along with Department of Homeland Security – Office of Inspector General and Immigrations and Customs Enforcement’s Homeland Security Investigations. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Illegal Alien Living in Bradenton Pleads Guilty to Federal Firearms Offense in Shooting Death of Local Ice Cream ManRead the Press Release
Tampa, FL – Juan Carlos Ramirez-Arcos (34, Bradenton) has pleaded guilty to possessing a firearm or ammunition as an illegal alien. He faces a maximum term of 10 years in federal prison. He is also required to forfeit the firearm and ammunition that were used in committing the offense. The Ramirez-Arcos sentencing hearing is set for August 19, 2019.
According to court records, on October 17, 2015, Ramirez-Arcos shot and killed Jose Luis Mendoza-Aguilar, known around the neighborhood as the “ice cream man” because he sold ice cream and other snacks in the area. Mendoza-Aguilar was shot three times and died approximately five hours after the shooting. Ramirez-Arcos was tried for murder in Manatee County. At his state trial, Ramirez-Arcos testified that he acted in self-defense and was acquitted.
Further investigation had revealed that Ramirez-Arcos was illegally in the United States when he shot Mendoza-Aguilar and had been so since approximately 2001. Moreover, according to a review of the firearm and ammunition Ramirez-Arcos used to shoot Mendoza-Aguilar, the firearm had traveled in foreign commerce and the ammunition had traveled in interstate commerce. Ramirez-Arcos was therefore indicted in federal court with illegal possession of a firearm.
This case was investigated by the United States Border Patrol with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bradenton Police Department, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Houston Patient Recruiter Sentenced to 188 Months in Prison for Role in $20 Million Medicare Fraud SchemeRead the Press Release
A Houston, Texas patient recruiter was sentenced to 188 months in prison today for her role in a $20 million scheme to pay illegal health care kickbacks to physicians and Medicare beneficiaries in order to fraudulently bill for medically unnecessary home health services, and to launder the proceeds.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.
Egondu “Kate” Koko, 54, of Houston, was sentenced by Chief U.S. District Judge Lee H. Rosenthal of the Southern District of Texas. Judge Rosenthal also ordered the defendant to pay $12.9 million in restitution and to forfeit $1,378,552.00. Koko pleaded guilty in October 2018 to one count of conspiracy to pay and receive health care kickbacks and one count of conspiracy to launder monetary instruments.
As part of her guilty plea, Koko admitted to being a patient recruiter for Criseven Health Management, Beechwood Home Health, JMM Home Health and Trinity Healthcare Service, home health agencies that operated in the Houston area. Koko was also the owner and operator of Circuit Wide Home Health Services, a home health company. Koko admitted that she paid illegal kickbacks and bribes to physicians and patients for paperwork necessary for Criseven, Beechwood, JMM, Trinity and Circuit Wide (collectively, “the HHAs”) to bill Medicare. Koko and her co-conspirators submitted and were paid more than $9.5 million but less than $25 million in claims to Medicare for home health services purportedly provided by the HHAs, Koko admitted.
Koko further admitted to committing money laundering by opening a bank account under the identity of Person A, a Nigerian national. Koko transferred proceeds from her fraud on the United States from accounts controlled by Koko into the bank account of the Nigerian national. To further the scheme, Koko purchased a home using the funds from the Nigerian national’s account, which were proceeds from the fraud, she admitted.
This case was investigated by the FBI and HHS-OIG. Trial Attorneys Drew Pennebaker and Catherine Wagner of the Criminal Division’s Fraud Section prosecuted the case.
The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Houston Man Sentenced to 27 years in Federal Prison for His Role in Tilak Jewelers RobberyRead the Press Release
A Texas man was sentenced on Wednesday to 27 years in federal prison for his role in a large-scale jewelry robbery, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
At a trial in Dallas last October, Treveon Dominique Anderson, 28, of Houston Texas, was convicted of conspiring with 13 other individuals to rob Tilak Jewelers in Irving, Texas. Shortly after the robbery, evidence showed, Mr. Anderson and his co-conspirators returned to Houston and began selling the stolen jewelry to “fences” there.
Thanks to the dogged work of the FBI’s Violent Crime Squad, all involved – including the three fences – have been identified and charged.
Mr. Anderson, who has been in custody since his arrest in February 2016, was found guilty of one count of conspiracy to interfere with commerce by robbery, one count of interference with commerce by robbery, one count of using, carrying, and brandishing a firearm during a crime of violence, and two counts of kidnapping.
According to the testimony at trial, in the early morning hours on November 17, 2013, Mr. Anderson and 12 co-conspirators traveled from Houston to the Dallas area to rob Tilak Jewelers in Irving, Texas.
After arriving in Dallas, they stole a cargo van and a minivan. Then, while three of the conspirators positioned themselves outside the jewelry store to watch for law enforcement, Mr. Anderson, along with five other coconspirators, drove together in the stolen cargo van to Tilak Jewelers.
Once there, the conspirators disguised their identities with gloves, long-sleeved shirts, pants, and items covering their faces. One conspirator then smashed the jewelry store’s locked glass door with a hammer.
After gaining entry, as Mr. Anderson and two others brandished handguns, the conspirators restrained the owners of the jewelry store with zip-ties, smashed numerous jewelry display cases, and stole jewelry.
After securing the jewelry, they fled the scene in the stolen cargo van, which they abandoned at a predetermined location, where another conspirator was waiting in the stolen minivan. They were then driven to another predetermined location, where yet another conspirator was waiting in a switch vehicle.
After a short drive in the switch vehicle, the group handed off the stolen jewelry to another conspirator for transportation to Houston, where the Tilak tags were removed during a brief stop at a Houston strip club.
Mr. Anderson’s codefendants include: Afraybeom Traverom Jackson, 27, Joshua Deunte Caldwell, 26, Dominique Pearson, 25, Hilton Murdock Aitch, 56, Irving Tyrone Flanagan, 47, Larry Solomon, 42, Terrence Lynn Thompson, 53, Anthony Ray Turner, Jr, 25, Michael Cornelious, 27, Xavier Rashad Ross, 25, Vanlisa Scott, 47, and Jimmy Hatchett, 54. Out of the 13, 11 pled guilty and two -- Anderson and Jimmy Hatchett – were convicted after trial. One passed away before he could be brought to justice. Three fences have also been charged with lying to FBI Special Agents during the investigation. Two have pleaded guilty.
The Federal Bureau of Investigation, the Irving Police Department, and Houston Police Department conducted in the investigation. U.S. District Judge Ed Kinkeade presided over the trial. Assistant U.S. Attorneys Walt Junker, John DeLaGarza, and Keith Robinson prosecuted the case.
Highlands County Resident Charged with Armed Drug TraffickingRead the Press Release
A Highlands County, Florida man has been charged with armed drug trafficking.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Office and Paul Blackman, Sheriff, Highlands County Sheriff’s Office, made the announcement.
Samuel Martinez, 40, of Highlands County, has been charged by indictment with possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm (Case No. 19-14022-CR-Rosenberg). According to the indictment, the crimes occurred on or about March 12, 2019, in Highlands County. If convicted as charged, Martinez faces a mandatory minimum term of 15 years in prison and a maximum of life in prison.
An indictment merely contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
U.S. Attorney Fajardo Orshan commended the investigative efforts of DEA and the Highlands County Sheriff’s Office in this matter. This case is being prosecuted by Assistant U.S. Attorney Michael D. Porter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Hawaii Man Sentenced to over Nine Years in Prison for Distribution of Cocaine Near A PlaygroundRead the Press Release
HONOLULU – Jeffrey Rowell, 46, also known as Darnell Stinnette, was sentenced today to 110 months of imprisonment for the distribution of cocaine within 1,000 feet of a playground, specifically, Aala Park in Honolulu, Hawaii. A federal grand jury convicted Rowell after several days of trial on February 7, 2019.
U.S. Attorney for the District of Hawaii Kenji M. Price announced that, according to court documents and information presented in court, on June 13, 2018, Rowell sold crack cocaine to an undercover officer in exchange for $40 cash. When law enforcement executed his arrest, they found an additional 5.84 grams of methamphetamine in a small bag he was carrying. Rowell has an extensive criminal history, including state convictions on the mainland for assault, theft, battery, and domestic violence.
At sentencing, U.S. District Judge Derrick K. Watson remarked that Rowell’s criminal history was serious, and emphasized a need to protect the community from further crimes committed by Rowell. He noted that Rowell had served multiple terms of imprisonment before that were "slaps on the wrist," but stated, "that stops here."
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department 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, and local law enforcement, and the community to develop effective strategies to reduce violent crime.
The case was investigated by the United States Drug Enforcement Administration and the Honolulu Police Department. It was prosecuted by Assistant U.S. Attorneys Morgan Early and Darren Ching.
Guilty Plea from Kent Man Who made Multiple Online Threats to KillRead the Press Release
A 27-year-old Kent, Washington, resident pleaded guilty today in U.S. District Court in Seattle to two counts of making interstate threats for his online posts threatening members of President Trump’s family and media figures in Southern California and making threats to bomb synagogues, announced U.S. Attorney Brian T. Moran. CHASE BLISS COLASURDO, was arrested May 1, 2019. Chief U.S. District Judge Ricardo S. Martinez scheduled sentencing for August 23, 2019.
According to the criminal complaint, in March 2019, a member of the public reported to the FBI concerns about Instagram and other social media posts where COLASURDO threatened to execute members of President Donald Trump’s family. Additionally, COLASURDO sent messages to five different media organizations that he was going to execute the family member. COLASURDO posted a photo on Instagram showing a hand with a firearm pointed at the photo of a Trump family member. When initially contacted by law enforcement in March, COLASURDO claimed his social media accounts had been hacked.
Despite his statements that he was not responsible for the posts, COLASURDO continued to make threatening comments, specifically threats to members of the Jewish community. In one post, he wrote it was time to start “bombing synagogues.” Throughout April 2019, COLASURDO sent threatening email messages and online posts to media figures in Southern California using anti-Semitic slurs and threats to kill. As law enforcement continued to track his activity, it became clear he was purchasing various items related to firearms, such as a holster, bulletproof vest, and ammunition. COLASURDO attempted to purchase a firearm but was denied.
When law enforcement served search warrants at COLASURDO’s apartment, they recovered Nazi and Adolph Hitler related items, as well as ammunition, night vision goggles, and a gas mask.
Interstate threats are punishable by up to five years in prison and three years of supervised release.
The case is being investigated by the FBI and U.S. Secret Service in conjunction with an investigation by the Los Angeles Police Department. Significant assistance was provided by the Sound Regional Violent Crimes Task Force. The case is being prosecuted by Assistant United States Attorney Todd Greenberg.
Guatemalan National Wanted for Crimes Against Humanity Charged with Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national wanted for his role in the 1980s massacre of indigenous Guatemalans was charged yesterday in federal court in Boston.
Francisco Cuxum Alvarado, a/k/a Francisco Cuxun-Alvarado, 64, was indicted on one count of illegal reentry into the United States. Cuxum Alvarado was detained following an arraignment yesterday.
“Mr. Cuxum Alvarado is in Massachusetts illegally, evading accountability for human rights violations in Guatemala,” said United States Attorney Andrew E. Lelling. “While many immigrants come to this country seeking a better life, Mr. Cuxum Alvarado came here illegally, to escape a dark, criminal past. This case highlights the important work of Homeland Security Investigations and ICE in identifying and removing war criminals, human rights violators, and other dangerous aliens who illegally seek a safe haven in the United States.”
“We congratulate the U.S. Attorney for pursuing justice in this case,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigrations and Customs Enforcement’s Homeland Security Investigation (HSI), Boston. “Homeland Security Investigations looks forward to the disturbing and egregious allegations against this individual being openly and fairly adjudicated in federal court.”
According court documents, beginning in the early 1980s, there were a series of attacks committed against the indigenous Maya Achi people of Rio Negro, in and around the municipality of Rabinal, in Guatemala. During these massacres Guatemalan armed forces, assisted by civilian militias known as the Civil Defense Patrols (PACs), forcibly removed the Maya Achi from Rio Negro and attacked and killed hundreds of them. More than 400 Maya Achi people were killed in the Rio Negro massacres and hundreds of others were forcibly removed from their homes. In addition to the murders, there were mass sexual assaults carried out against Achi-Mayan women.
It is alleged that Cuxum Alvarado was a member of the PAC in Rabinal, and in 1998, was named as a suspect in the March 13, 1982, massacre of women and children at Cerro Pacoxom. In 2018, the Guatemalan government charged Cuxum Alvarado with crimes against humanity for participating in the mass sexual assault of Maya Achi women in and around Rabinal. In connection with the charges, the Guatemalan government obtained an INTERPOL Red Notice for Cuxum Alvarado’s arrest, which is a request to law enforcement agencies worldwide to locate and provisionally arrest suspects pending extradition to the jurisdiction in which they are charged. Cuxum Alvarado will be subject to extradition to Guatemala.
On April 30, 2019, Cuxum Alvarado was located in Waltham and arrested. During a subsequent interview with law enforcement, Cuxum Alvarado admitted that he was a member of the Rabinal PAC. At the time of his arrest, Cuxum Alvarado was unlawfully in the United States. He previously unlawfully entered the country in March 2004 in Arizona, and was ordered to be removed.
The charging statute provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. The defendant will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and HSI SAC Fitzhugh made the announcement today. This case was developed and supported by ICE’s Human Rights Violators and War Crimes Center, and investigated by HSI Boston’s Human Rights Violators and War Crimes Investigative Group and ERO Boston’s Fugitive Operations Unit. The Waltham Police Department and the HSI Attaché in Guatemala City, Guatemala assisted in the investigation. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
Greece Tax Preparer Ordered to Pay Thousands in Restitution for Filing False Tax ReturnsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sedat Kaya, 64, of Greece, NY, who was convicted of aiding and abetting in the preparation and filing of false tax returns, was sentenced by U.S. District Judge David G. Larimer to three years’ probation and ordered to pay $55,681 in restitution to the United States Treasury.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant owned and operated Seneca Tax Services in Rochester, NY, since approximately 2004. Through his business, Kaya prepared individual Income Tax Returns for hundreds of clients. An investigation by the Internal Revenue Service revealed that between 2012 and 2017, the defendant intentionally falsified information on the tax returns of clients by including false or inflated expenses, thereby generating false returns from the U.S. Treasury. In total, Kaya defrauded the United States for a total tax loss of more than $55,681.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office.
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Former Federal Supervisory Correctional Officer Pleads Guilty to Civil Rights Offense for Aiding in the Assault of an InmateRead the Press Release
Khristal Ford, 32, a former Lieutenant at the Federal Correctional Complex (FCC) in Beaumont, Texas, pleaded guilty today to aiding and abetting another correctional officer in his assault on an inmate.
According to the plea documents and information presented in court, Khristal Ford was a supervisory correctional officer at the FCC on June 8, 2017, when Ford opened the door of a medical observation cell where A.A., an inmate, was being held. Ford then told a senior correctional officer to “take care of it” and watched as the officer entered the cell and punched A.A. in the head three times without justification. Following this assault, Ford submitted a written memorandum that omitted any reference to the punches and included a falsified breathalyzer photo sheet, all in an effort to conceal the incident and make it appear as if the victim was highly intoxicated at the time of the officer’s assault.
“This type of behavior in our correctional officers erodes public trust,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will vigorously prosecute those who violate the civil rights of inmates.”
“When correctional officers abuse their authority like this, it hurts more than the victim of the assault,” said U.S. Attorney Joseph Brown of the Eastern District of Texas. “It damages the whole system, hurting the credibility of the good officers who try to do the right thing every day. We will do everything we can to make sure these kinds of violations are prosecuted.”
Ford will be sentenced at a later date and faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000.
A former federal correctional officer faces federal charges in connection with this incident. This former officer is innocent until proven guilty in a court of law.
The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Department of Justice’s Civil Rights Division are prosecuting the case.
Former Cititax Refund Company Preparer Pleads GuiltyRead the Press Release
PITTSBURGH, PA – A resident of Allegheny County, Pennsylvania, has pleaded guilty in federal court to charges of Aiding or Assisting in the Preparation or Filing of False Federal Income Tax Returns, United States Attorney Scott W. Brady announced today.
Earlene L. Clancy, 39, of Pittsburgh, PA, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the government advised the court that between 2010 and 2016, Earlene L. Clancy prepared hundreds of false federal income tax returns for other persons while employed as a tax preparer for Cititax Refund Company in Pittsburgh that included false Schedule C information, and which requested hundreds of thousands of dollars in false EITCs refunds for the taxpayer.
Judge Fischer scheduled the sentencing for October 31, 2019 at 11 a.m. The law provides for a total sentence of three years' imprisonment, a fine of $250,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigations conducted the investigation that lead to the prosecution of Earlene L. Clancy.
Former Chief Deputy Nassau County Executive Pleads Guilty to Obstruction of JusticeRead the Press Release
Richard “Rob” Walker, the former Chief Deputy County Executive of Nassau County, pleaded guilty today in federal court in Central Islip to obstruction of justice in connection with a federal grand jury investigation of a cash payment that Walker received from a contractor while in office. The proceeding was held before United States District Judge Joan M. Azrack. When sentenced, Walker faces up to 20 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
“While holding public office, Walker attempted to conceal his corrupt conduct by urging a witness to lie to the grand jury,” stated United States Attorney Donoghue. “Those who swear an oath to serve the public are expected to promote transparency, not obstruct justice. The Eastern District will hold officials accountable when they violate the public trust.” Mr. Donoghue expressed his thanks to Internal Revenue Service Criminal Investigation Division for its help during the investigation.
According to court filings and facts presented at the guilty plea proceeding, in 2014, Walker accepted a $5,000 cash payment from a contractor who was performing work for the county. In 2017, after learning that the United States Attorney’s Office had opened a grand jury investigation into potential corruption in Nassau County government, including the circumstances surrounding the $5,000 payment, Walker spoke to the contractor on several occasions, and attempted to persuade him to conceal the existence of the payment from the grand jury, or to provide a false explanation concerning the transaction, for example, as repayment of a loan. Thereafter, Walker met the contractor in a Hicksville park and handed him an envelope containing $5,000 in cash.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Artie McConnell and Catherine M. Mirabile are in charge of the prosecution.
The Defendant:
Richard Walker (also known as “Rob Walker”)
Age: 43
Hicksville, New YorkE.D.N.Y. Docket No. 18-CR-087 (JMA)
Florida Member of Thunderguards Motorcycle Gang Sentenced to Ten Years for His Involvement in Two Methamphetamine Distribution ConspiraciesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Andrew Shettler a/k/a “Yeti” (36, Daytona Beach) to 10 years in federal prison for conspiring to possess with the intent to distribute methamphetamine.
Shettler had pleaded guilty on January 30, 2019.
According to court documents, in April 2017, the FBI, and later the DEA, began an investigation into the drug trafficking organizations (DTOs) that had supplied motorcycle clubs, including the Pagans Motorcycle Club and their affiliated groups operating in the Middle District of Florida, with distribution amounts of methamphetamine. To date, 21 individuals have been found guilty as a result of the joint investigation.
Shettler was a member of the Thunderguards Motorcycle Club, a club affiliated with the Pagans Motorcycle Club. He conspired with several members of the Pagans to distribute methamphetamine in and around Daytona Beach.
“This case exemplifies the cooperation among federal, state, and local law enforcement agencies to dismantle dangerous criminal organizations that threaten the safety of our communities,” said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division. “The FBI will continue to target the leadership of these organizations and bring them to justice for the harm caused by their criminal actions.”
This case was investigated by the FBI, the DEA, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Felon Involved in Illegal Purchase of Handgun at Newington Gun Store Sentenced to 21 Months in PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JAMAL WEIR, 30, of Bridgeport, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 21 months of imprisonment, followed by three years of supervised release, for illegally purchasing and possessing a firearm.
According to court documents and statements made in court, in August and September 2017, Jamal Weir and Tymon Peterson texted one another about purchasing firearms. Peterson possessed a valid pistol permit and was able to purchase firearms legally, but Weir, as a convicted felon, is prohibited from possessing firearms. On September 22, 2017, Weir and Peterson travelled together to Hoffman’s Gun Center in Newington. At the store, Weir provided Peterson with cash to purchase at least one firearm on his behalf. On that date, Peterson filled out an ATF Form 4473 in which he falsely represented that he was the actual purchaser of a SCCY Model CPX-2, 9mm semi-automatic pistol, and that he was not acquiring the firearm for another person. Peterson gave the pistol to Weir after they exited the store.
Weir’s criminal history includes state convictions for illegal possession of a weapon in a motor vehicle, possession of narcotics with intent to sell, and carrying a pistol without a permit.
Weir has been detained since his arrest on September 17, 2018. On December 6, 2018, he pleaded guilty to one count of possession of a firearm by a convicted felon.
On December 14, 2018, Peterson, of Stratford, pleaded guilty to one count of making a false statement during the purchase of a firearm. He awaits sentencing.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the Connecticut State Police, the Newington Police Department and Hoffman’s Gun Center. The case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Margaret E. Maigret.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Federal Jury Finds Two Tampa Doctors Guilty of Conspiracy to Illegally Distribute OpoidsRead the Press Release
Tampa, Florida – A federal jury has found Dr. Kendrick Eugene Duldulao (45, Tampa) and Dr. Medardo Queg Santos (66, Lakeland) guilty of conspiracy to distribute and dispense controlled substances for no legitimate medical purpose and outside the course of professional practice. Santos was also found guilty of three counts of illegally distributing and dispensing controlled substances. Duldulao and Santos each face a maximum penalty of 20 years in federal prison on each count.
Duldulao and Santos were indicted on October 3, 2017.
According to testimony and evidence presented at trial, Duldulao and Santos were the medical directors at Health and Pain Center, a pain management clinic in Tampa, from June 2011 through March 2014, and April 2014 through October 2016, respectively. They prescribed excessive amounts of controlled substances, including oxycodone, hydrocodone, hydromorphone, morphine, methadone, and alprazolam. During their tenures as medical directors, Duldulao and Santos had brief and timed medical visits with patients, performed cursory physical examinations, and required minimal medical history or documentation for purposes of treatment. Duldulao and Santos knew that patients’ records were, at times, falsified for purposes of papering the files. Duldulao, Santos, and their co-conspirators operated Health and Pain Center as a cash-only business, with little or no medical equipment on site, staffers with no medical training, and a high-volume patient base.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Gregory D. Pizzo.
Federal Jury Convicts Williamsville Man of Cocaine ConspiracyRead 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 a federal jury convicted Richard Lucas, 34, of Williamsville, NY, of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $8,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that on May 15, 2017, investigators had search warrants for co-defendant Dominic Daniels and his vehicle. On that day, investigators were conducting surveillance and saw Daniels leave the Comfort Suites, in Cheektowaga, NY, with a blue bag and get into a white pick-up truck. After investigators observed Daniels meet with an individual on James Street in Buffalo, and engage in what appeared to be a narcotics transaction, Daniel’s vehicle was stopped and was searched. The search revealed approximately 744 grams of cocaine, a hotel key for a room rented by the defendant at the Comfort Suites, and approximately $16,000 in United States currency.
During a subsequent search of the hotel room rented by defendant, investigators seized approximately $33,000. Following Daniels’s arrest, Lucas arrived at the Comfort Suites, driving a 2017 Chevrolet Corvette. When he was approached by Erie County Sheriff’s deputies, he refused to comply with commands, resisted arrest, and then led one of the deputies on a chase through several parking lots, where he tried to carjack three vehicles. The defendant was eventually taken into custody at the intersection of the Kensington Expressway and Genesee Street by the sheriff’s deputy and federal law enforcement officers. At the time of his arrest, Lucas was in the possession of nearly $70,000 in jewelry. Evidence presented by the Government at trial established that the defendant was obtaining cocaine from Houston and distributing it to customers in the Buffalo area.
Co-defendant Dominic Daniels was previously convicted and is awaiting sentencing.
The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert; and the New York State Police, under the direction Major Edward Kennedy.
Sentencing is scheduled for August 27, 2019, at 1:00 p.m. before U.S. District Judge Elizabeth A. Wolford, who presided over the trial of the case.
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Federal Indictment Adds 10th Defendant and Expands Charges Against 9 Others in International “Romance Scam” InvestigationRead the Press Release
CHICAGO — Eight Chicago-area residents are among ten individuals charged as part of an international investigation into online fraud schemes, including “romance scams” and “mystery shopper scams.”
The Chicago-based investigation, dubbed “Operation Gold Phish,” identified a variety of cyber-enabled fraud schemes allegedly carried out by individuals in the United States and Nigeria. One of the alleged schemes involved “romance scams,” in which a defendant builds trust with a victim through a purported online romance before convincing the victim to send money to a predetermined recipient. The defendants contacted victims via websites such as Match.com, Facebook, and Instagram.
Another cyber-enabled fraud allegedly carried out by the defendants involved a “mystery shopper scam,” in which victims were fraudulently offered opportunities to receive commissions for evaluating services such as Western Union and MoneyGram. The victims received a check with instructions to deposit it in their bank accounts, withdraw the money in cash, and wire it to a predetermined third party. The check turned out to be fake, and the victims were defrauded of the money they had withdrawn from their accounts, the charges allege.
Nine of the defendants were originally charged last year with conspiracy to commit wire fraud. A federal indictment, returned May 16, 2019, added a tenth defendant and expanded the charges against the others. The original defendants are in law enforcement custody – eight in the U.S. and one in Nigeria – while the newly added defendant remains at large.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. Valuable assistance was provided by the Nigerian Economic and Financial Crimes Commission. Assistant U.S. Attorneys Peter S. Salib and Charles W. Mulaney represent the government.
Charged in the indictment are:
- Newly added defendant OLANIYI NASIRU OJIKUTU, 39, of Chicago (three counts of wire fraud)
- DANIEL SAMUEL ETA, also known as “Captain” and “Etaoko,” 35, of Skokie (12 counts of wire fraud, one count of conspiracy to commit a computer intrusion, one count of passport fraud)
- BABATUNDE LADEHINDE LABIYI, also known as “Junior,” 26, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- BARNABAS OGHENERUKEVWE EDJIEH, 29, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- SULTAN OMOGBADEBO ANIFOWOSHE, also known as “Ayinde,” 27, of Chicago (one count of wire fraud, one count of mail fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- BABATUNDE IBRAHEEM AKARIGIDI, also known as “AK,” 39, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- MIRACLE AYOKUNLE OKUNOLA, 21, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- OLUROTIMI AKITUNDE IDOWU, also known as “Idol,” 55, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- ADEWALE ANTHONY ADEWUMI, 28, of Richardson, Texas (two counts of wire fraud)
- OLANIYI ADELEYE OGUNGBAIYE, also known as “DonChiChi,” 26, of Lagos, Nigeria (one count of wire fraud, one count of conspiracy to commit a computer intrusion). Ogungbaiye is in law enforcement custody in Nigeria.
The eight defendants in U.S. custody pleaded not guilty during arraignments last week before U.S. Magistrate Judge Jeffrey Cole in Chicago.
In addition to the romance and mystery shopper schemes, the indictment accuses the defendants of engaging in other cyber-enabled scams. In a scheme known as a “business email compromise,” the defendants fraudulently obtained usernames and passwords or sent spoofing email messages to employees claiming to be from a known business contact, instructing victims to change the wire instructions for bank payments, the charges allege. Per the instructions given in the fraudulent emails, the victim then unknowingly wired funds to a bank account controlled by the defendants that had been opened in a fictitious name utilizing a fake passport, the indictment states.
The public is reminded that charges contains only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Making a false statement to a financial institution carries a maximum sentence of 30 years in prison; wire fraud is punishable by up to 20 years; passport fraud is punishable by up to ten years; and conspiracy to commit computer fraud is punishable by up to five years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Federal Grand Jury Indicts Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that ANTHONY HORTON, age 45, a resident of New Orleans, Louisiana, was charged on Friday, May 24, 2019 in a one-count indictment by a federal grand jury for being a felon in possession of a firearm. Federal law prohibits individuals who have been convicted of certain crimes from possessing firearms after being convicted.
If convicted, HORTON, who is alleged to be an armed career criminal, faces a mandatory minimum sentence of 15 years of imprisonment and a maximum sentence of life imprisonment, a fine up to $250,000, a period of supervised release of not more than 5 years, and a mandatory special assessment fee of $100.00.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Louisiana State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorneys Brittany Reed and Melissa Bucher of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Enfield Man Who Sold Heroin and Fentanyl to Overdose Victim Sentenced to 2 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTOPHER FELICIANO, 29, of Enfield, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 24 months of imprisonment, followed by three years of supervised release, for selling heroin and fentanyl to an Enfield overdose victim.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, at approximately 8:55 a.m., on October 8, 2017, Enfield Police and emergency medical personnel responded to a residence in Enfield and found an unresponsive 24-year-old male in the home. The victim was pronounced deceased. Officers searched the immediate area and located narcotics paraphernalia. Officers also seized the victim’s phone. An analysis of Facebook messages and telephone contacts revealed that the victim had purchased heroin/fentanyl from Feliciano beginning in at least February 2017, and that the victim ordered heroin/fentanyl from Feliciano a few hours before the victim was found deceased.
On February 19, 2019, Feliciano pleaded guilty to one count of possession with intent to distribute, and distribution, of heroin and fentanyl.
This matter was investigated by the Drug Enforcement Administration and the Enfield Police Department. The case was prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Enfield Man Sentenced to 21 Months in Prison for Unlawful Possession of AmmunitionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TYRUS PRUDE, 29, of Enfield, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 21 months of imprisonment, followed by three years of supervised release, for unlawful possession of ammunition.
According to court documents and statements made in court, on January 19, 2018, law enforcement conducted a court-authorized search of Prude’s Enfield residence and seized six live rounds of 9mm ammunition.
Prude’s criminal history includes state felony convictions for burglary in the third degree and possession of a weapon in a motor vehicle.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On February 20, 2019, Prude pleaded guilty to one count of possession of ammunition by a convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Enfield Police Department. The case was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Elyria man sentenced to 25 years in prison for sexually exploiting a 12-year-old he met onlineRead the Press Release
An Elyria man was sentenced to 25 years in prison for sexually exploiting a 12-year-old and related child pornography crimes.
Christopher Goodin, 33, was ordered to pay $150,156 in restitution. He previously pleaded guilty to sexual exploitation of a minor, receipt of child pornography and possession of child pornography.
Goodin controlled multiple social media accounts which he used to communicate with a young girl in Utah between June and August 18, 2018. With one account, Goodin posed as a young girl who was harassed and threatened by an older man. With another account, Goodin posed as the older man, according to court documents.
Goodin, posing as both the older man and young girl, told the victim that he would stop harassing the young girl if the victim sent sexually explicit photos to him, which the victim did, according to court documents.
A search in October 2018 of Goodin’s home on Kentucky Drive in Elyria resulted in the recovery of: a cell phone with 716 images and 126 videos of suspected child pornography, including bestiality, infants and toddlers, bondage and fetish videos; a laptop computer with 63 videos and 32 images of child pornography, as well as 661 images and 14 videos of another child victim; and an SD card with 844 image files and 761 video files of suspected child pornography, according to court documents.
“This defendant is a predator who tricked unsuspecting children into sending him graphic images by posing as someone else,” U.S. Attorney Justin Herdman said. “This case is a disturbing and stark reminder that people online are rarely who they claim to be, and parents need to know who their children are communicating with.”
“The FBI is pleased with the 25-year sentence given to Mr. Goodin today,” said FBI Special Agent in Charge Eric Smith. “Individuals who exploit children deserve to spend a significant time behind bars. Parents are urged to be aware with whom their children interact with online. Children should be loved, cherished, and protected not used for the benefit of someone’s sexual gratification.”
This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik following an investigation by the Federal Bureau of Investigation.
An indictment is only a charge and not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Eight Men Face Child Pornography Related ChargesRead the Press Release
U.S. Attorney Christina E. Nolan and Vermont Attorney General T. J. Donovan announced today that eight men were arrested in mid-May for possession/promotion of child pornography. The arrests were made as a result of Operation Bada Bing. Operation Bada Bing, which was conducted by Vermont’s Internet Crimes Against Children Task Force (VT-ICAC) and Homeland Security Investigations (HSI), involved executing search warrants on several residences during the week of May 13, 2019, based on CyberTips that were received from the National Center for Missing and Exploited Children. These CyberTips are typically generated by Internet Service Providers or social media platforms whenever they detect suspected child sexual exploitation material on their networks. These CyberTips are in turn sent to local ICAC task forces throughout the country.
Operation Bada Bing culminated in the arrests of the following individuals:
Frank Farley, 37, of Rutland.
Russell Biathrow, 61, of Killington.
Mark Hulett, 48, of Ferrisburgh.
Uriah Shows, 29, of Middlebury.
Bernard Tinker, 58, of Colchester.
Richard Weston, 25, of Huntington.
Louis Hamlin II, 74, of Huntington.
Sean Fiore, 35, of Burlington.
These individuals now face either federal or state charges for possession or promotion of child pornography. The Attorney General emphasizes that these individuals are legally presumed innocent of the charges until their guilt is proven beyond a reasonable doubt through the court process.
“Society should be judged by how it protects its most innocent and vulnerable members,” stated U.S. Attorney Christina E. Nolan for the District of Vermont. “Children are our future, and we will fight tirelessly for their safety. The announcement of a series of charges in a joint federal and state sweep reflects our commitment, as a Vermont law enforcement team, to bring serious charges and consequences to those who would harm and exploit children. I thank Attorney General Donovan for his leadership and strong partnership when it comes to protection of our youth. And I commend the Vermont ICAC and HSI for their exemplary cooperation and teamwork when it comes to combatting heinous child exploitation crimes and taking offenders against children out of Vermont communities.”
“ICAC plays a critical role in protecting children here in Vermont and elsewhere,” said Attorney General Donovan. “We need to continue to raise awareness and support ICAC’s mission so that all children – regardless of where they live – are not subject to violent exploitation.”
VT-ICAC was formed in 2008. The Vermont Attorney General’s Office assumed responsibility for managing VT-ICAC in October of 2015. Since October of 2015, VT-ICAC has performed 915 investigations, received 834 CyberTips from the National Center for Missing and Exploited Children, and arrested 125 individuals for crimes against children. VT-ICAC also works extensively to educate Vermont communities about internet safety. In the past three years, VT-ICAC conducted 2,032 educational forums around the state.
To assist in locating evidence as small as a micro sd card (a device as small as a fingernail), VT-ICAC obtained an electronic detection K9, named Mojo. Mojo, a yellow Labrador, is one of just a few of these dogs currently in use across the country. Mojo’s deployment has been successful; since January of last year he has been used at search warrants across the state and has led to the recovery of concealed evidence.
Operation Bada Bing was a collaborative effort involving the Vermont Attorney General’s Office, the Vermont State Police, Homeland Security Investigations, the Vermont U.S. Attorney’s Office, Burlington Police Department, South Burlington Police Department, Chittenden Unit for Special Investigations, Orange County Sheriff’s Department, and the University of Vermont Police Services.
Eagle Butte Man Sentenced for Maintaining Drug HouseRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Maintaining a Drug-Involved Premises was sentenced on May 29, 2019, by U.S. District Judge Roberto A. Lange.
Jason Leo Fischer, age 35, was sentenced to 13 months in federal prison, 2 years of supervised release, $1,000 fine, forfeiture of a rifle, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fischer was indicted by a federal grand jury on November 22, 2017. He pleaded guilty on March 5, 2019.
Between June of 2016 and November of 2017, Fischer used and maintained his residence in Ziebach County for the use and distribution of methamphetamine and marijuana. He was aware that numerous individuals were using and distributing methamphetamine and marijuana on the premises and he failed to stop them. When Fischer was arrested, law enforcement located and seized a .22 caliber rifle from the doorway of Fischer’s bedroom, and confiscated numerous items of drug paraphernalia testing positive for methamphetamine and/or marijuana from within the residence.
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 the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Fischer was immediately turned over to the custody of the U.S. Marshals Service.
Drug User Sentenced to Prison for Possessing a FirearmRead the Press Release
NEWPORT NEWS, Va. – A Williamsburg man was sentenced today to five years in prison for possessing a firearm while being a drug user.
According to court documents, John Johnson, 25, was arrested on Oct. 15, 2014 when Williamsburg Police responded to reports of a shooting. Johnson was located by responding officers and his firearm was recovered from an alleyway beside a local business when he threw it following the shooting. Johnson was also in possession of a backpack containing marijuana which he admitted was his for personal use.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Eric M. Hurt prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-92.
Drug Trafficker from Benton Harbor and Atlanta Convicted at Trial by JuryRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today a federal jury convicted Richard Farmer, Sr., 44, of conspiring to distribute methamphetamine and ecstasy after a four-day trial before the Honorable Robert J. Jonker, Chief United States District Judge. Farmer faces up to thirty years in prison when he is sentenced on October 9.
Farmer was arrested in August 2018 during the multijurisdictional takedown of a methamphetamine ring. Twenty-four defendants have been indicted in related cases as part of the investigation, and sixteen pled guilty before Farmer’s trial.
The proofs at trial established that Farmer was an adviser to the leader of the organization, Raymond Stovall. Over the two months Stovall’s phone was wiretapped in 2018, Farmer told Stovall how to transport money and drugs, sought to invest money in drug packages, helped Stovall look for a missing drug package, travelled to Michigan from his home in greater Atlanta to meet with Stovall, informed Stovall that he was sending ecstasy to Michigan, and plotted to help Stovall obtain additional methamphetamine from a source in Benton Harbor, Farmer’s hometown. Farmer also harbored Antwan Mims – an unindicted co-conspirator convicted of two counts of first-degree murder by a Berrien County jury earlier this year – while he was a fugitive wanted for those homicides. Farmer and Mims were found by an FBI SWAT team in a drug house outside of Atlanta along with a pound of methamphetamine, heroin, other drugs, packaging materials, and a loaded, stolen firearm.
"The jury saw Richard Farmer for the drug dealer the evidence showed he was," said U.S. Attorney Birge. "The lesson here is that if you choose to get into the business of illegally trafficking these dangerous drugs in West Michigan, law enforcement agencies from far and wide will work together to bring you to justice."
"This case exemplifies the cooperation among federal, state, and local law enforcement agencies to dismantle dangerous criminal organizations that threaten the safety of our communities," said Timothy R. Slater, Special Agent in Charge of the FBI Detroit Division. "The FBI will continue to target the leadership of these organizations – and those who facilitate their crimes – in order to stop the increase in violence and crime associated with these multi-state drug trafficking organizations."
"Farmer was part of a drug distribution network spanning from Georgia to Western Michigan," said Timothy J. Plancon, Special Agent in Charge of the Detroit Field Division of the DEA.
"This successful conviction is a testimony to the dedication and hard work of our federal and local law enforcement partners and the United States Attorney’s Office. We will continue our relentless pursuit to identify and investigate those trafficking illicit narcotics in our communities."
With respect to the defendants still pending trial, the charges in the indictment are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
This case is being investigated by the FBI, the DEA, the U.S. Postal Inspection Service, the Kalamazoo Valley Enforcement Team, and the Southwest Enforcement Team (a component of the Michigan State Police), who were assisted by the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan Department of Corrections, the Portage Police Department, the Kalamazoo Department of Public Safety, the Kalamazoo County Sheriff’s Office, the Berrien County Sheriff’s Office, the St. Joseph County Sheriff’s Office, and TSA Investigations – Detroit Field Office. Farmer was tried by Assistant U.S. Attorneys Justin M. Presant and Vito S. Solitro.
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Dominican Man Pleads Guilty to Drug Trafficking OffenseRead the Press Release
CONCORD – Jose Oriol Feliz Aybar, 31, of the Dominican Republic, pleaded guilty in federal court to participating in a conspiracy to distribute fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, the defendant distributed quantities of fentanyl in Lawrence, Massachusetts with Leudin Arismendi Lara (also known as Rolando Sierra-Oyola). On three occasions in 2016, the defendant sold fentanyl to an individual who was cooperating with law enforcement officers and who purported to be a New Hampshire-based drug trafficker.
Lara previously pleaded guilty and was sentenced to serve 91 months in prison.
Aybar is scheduled to be sentenced on September 12, 2019. He faces likely deportation to the Dominican Republic after serving his sentence.
“Fentanyl trafficking continues to endanger the people of New Hampshire,” said U.S. Attorney Murray. “Those who choose to trade in this deadly drug have earned the undivided attention of law enforcement and will be aggressively prosecuted.”
The investigation was conducted by the United States Drug Enforcement Administration, Tactical Diversion Unit, Portsmouth, New Hampshire; the New Hampshire State Police, the Portsmouth, New Hampshire Police Department, the Exeter, New Hampshire Police Department, the Andover, Massachusetts Police Department, the Wilmington, Massachusetts Police Department, and the Lawrence, Massachusetts Police Department. Assistant United States Attorney Seth Aframe is prosecuting the case.
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Convicted Felon from Selma Gets 10 Years in Federal Prison After Shooting a Firearm into Neighboring ApartmentRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge James C. Dever III, sentenced DARNELL THOMAS BROWN, 29, of Selma to 120 months’ imprisonment, followed by 3 years of supervised released.
On December 11, 2018, BROWN, pled guilty to being a felon in possession of a firearm. On February 26, 2018, the Selma Police Department responded to a report of a shot fired into an occupied apartment. A man told police that his neighbor, BROWN, discharged a firearm into a bedroom occupied by minor children. Responding officers searched BROWN’s apartment, but he was not found at that time. In the apartment, officers found cocaine and marijuana, along with ammunition and rifle accessories. In the area outside of the apartment, officers found a rifle loaded with a high-capacity magazine and two handguns, one of which had been stolen. Selma Police removed the firearms, but set up a camera system which captured BROWN returning to that area and appearing to look for the firearms. BROWN was eventually apprehended and admitted that he accidentally shot into the neighboring apartment. At the time of the offense, BROWN was a convicted felon and could not lawfully possess a firearm.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Selma Police Department.
Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Chinle Man Sentenced to 10 Years’ Prison for Sexual AbuseRead the Press Release
PHOENIX – On May 28, 2019, Stanley Ray Tsosie, 29, of Chinle, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 10 years’ imprisonment, to be followed by a lifetime term of supervised release with sex offender registration, treatment, and testing. Tsosie had previously pleaded guilty to Sexual Abuse by Threat.
The victim reported to a family member that Tsosie had perpetrated the sexual abuse by placing the victim in fear for the victim’s own safety. Agents of the Federal Bureau of Investigation began an investigation, which led to Tsosie’s arrest and prosecution. Both Tsosie and the victim are members of the Navajo Nation, and the abuse occurred within the Navajo Nation Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. -- A Charleston man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Tijuan Tyson, 30, entered his guilty plea to possession of a firearm by a prohibited person. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Charleston Police Department.
Tyson admitted that on October 19, 2015, he was approached by officers because he looked similar to a suspect involved in a robbery. He appeared nervous, had his hands in his pocket, and dropped a bag of suspected marijuana on the ground prior to taking off on foot. He was apprehended and during a search incident to arrest, officers located the loaded and operable Arsenal CO, 9 mm caliber pistol, which was listed as stolen, in his pocket.
Tyson is prohibited from possessing firearms because he has been convicted of the felony of use of an access device with the intent to defraud.
Tyson faces up to ten years in federal prison when he is sentenced in August 2019. United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
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Charges Dismissed on March 17, 2020Read the Press Release
NEWARK, N.J. – A doctor based in Trenton and Delran, New Jersey, was charged today with health care fraud for billing Medicaid and Medicare for in-person services during periods when he was traveling out of state, U.S. Attorney Craig Carpenito announced.
Vedat Obuz, 54, of Merion Station, Pennsylvania, is charged by complaint with one count of health care fraud. Obuz made his initial appearance before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
Between July 2014 and October 2018, Obuz billed Medicaid for $358,779 and Medicare for $57,396 for patient care that took place when he was traveling and was not present at his medical practice. The medical codes used in the billings indicated that Obuz was the treating physician and the services billed for required him to be physically present to see the patients.
For example, travel records show Obuz was in Tel Aviv, Israel, from Nov. 1-6, 2017. On Nov. 2-4, 2017, Obuz billed Medicare and Medicaid $4,660 for treating approximately 30 patients. Travel records show Obuz was in Istanbul, Turkey, from April 18-22, 2018. On April 19-21, 2018, he billed Medicare and Medicaid $7,770 for treating 53 patients.
The health care fraud count carries a maximum penalty of 10 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert; the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia; and the Camden County Police Department, under the direction of Chief J. Scott Thomson, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Sara F. Merin of the Health Care and Government Fraud Unit of the U.S. Attorney’s Office in Newark.
The charge and allegations in the complaint are merely accusations, and defendant is presumed innocent unless and until proven guilty.
Defense counsel: Ernest E. Badway Esq., Morristown, New Jersey
C-Mart Supermarket Inc. Sentenced for Snap Benefit FraudRead the Press Release
BOSTON – C-Mart Supermarket Inc. (C-Mart) was sentenced today in federal court in Boston in connection with an $110,000 SNAP benefit fraud scheme that the corporate defendant operated out of a Chinatown supermarket.
C-Mart was ordered by Chief U.S. District Court Judge Patti B. Saris to pay $110,000 in restitution and a $10,000 fine. On Feb. 26, 2019, C-Mart Supermarket Inc. pleaded guilty to one count of conspiracy to acquire, possess, and redeem Supplemental Nutritional Assistance Program (SNAP) benefits in an unauthorized manner, and one count of SNAP fraud/aiding and abetting.
SNAP, administered by the U.S. Department of Agriculture (USDA), provides eligible households with government subsidies for food and allows holders to exchange their SNAP benefits for food at authorized retail food stores. During the time-frame of the conspiracy, C-Mart was an authorized SNAP retailer.
From about October 2010 through April 2012, C-Mart conspired with another business located in the Chinatown section of Boston to commit SNAP fraud. During that period, the co-conspirator and employees of the co-conspirator purchased SNAP benefits from legitimate SNAP beneficiaries for cash at a discounted value of approximately 50 cents for every SNAP dollar at the co-conspirator’s establishment. As neither the co-conspirator nor its employees were authorized to accept SNAP benefits as payment, the co-conspirator took the SNAP beneficiaries’ Electronic Benefit Transfer (EBT) cards or card information and used the dollar value of the benefits at several stores in Chinatown that were authorized to accept SNAP benefits. C-Mart was one of those stores. The co-conspirator would go to C-Mart and provide various EBT cards to a C-Mart employee who would swipe the EBT cards belonging to individuals who were not the co-conspirator. The co-conspirator would then receive credit from C-Mart to use those funds to purchase inventory from the store. Additionally, USDA deposited the dollar value of the benefits swiped on each food stamp EBT card into C-Mart’s bank account; therefore, C-mart received the cash value of the SNAP benefits from the USDA. During the course of the conspiracy, C-Mart Supermarket Inc. defrauded the USDA of $110,000 in SNAP funds.
United States Attorney Andrew E. Lelling; Bethanne M. Dinkins, Special Agent in Charge of the U.S. Department of Agriculture, Office of Inspector General, Office of Investigation, Northeast Region; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorneys Suzanne Sullivan Jacobus and Robert Richardson of Lelling’s Major Crimes Unit prosecuted the case.
Business Owner Pleads Guilty to $544,000 Tax Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., business owner pleaded guilty in federal court today to a more than $544,000 tax fraud scheme.
William Patrick Vogt, 39, waived his right to a grand jury and pleaded guilty before U.S. District Judge Howard F. Sachs to a federal information that charges him with one count of false statements on a tax return.
Vogt owns and operates By The Blade, LLC, a lawn and landscape company in Parkville, Mo. By pleading guilty today, Vogt admitted that he underreported his business receipts on individual federal income tax returns for 2013-2015. This fraudulent criminal conduct resulted in a total federal tax loss of $468,587.
According to today’s plea agreement, Vogt deposited business receipts into his personal account in order to conceal his business income. Vogt also cashed By The Blade checks rather than deposit them into his business bank account. Vogt only reported as business income the receipts he chose to deposit into his business bank account. When the IRS audited him, Vogt made false statements to the revenue agent and others.
Vogt also understated his income on his Missouri state income tax returns for 2013 – 2015. The state tax losses for those years total $75,712, for a combined federal and state total tax loss of $544,299. Under the terms of today’s plea agreement, Vogt must pay restitution to the IRS of $468,587 and restitution to the state of Missouri of $75,712.
Under federal statutes, Vogt is subject to a sentence of up to three years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS-Criminal Investigation.
Business Executive Pleads Guilty to Foreign Bribery Charges in Connection with Venezuela Bribery SchemeRead the Press Release
HOUSTON – A dual U.S.-Venezuelan citizen who controlled multiple U.S.-based companies pleaded guilty today for his role in the Petroleos de Venezuela S.A. (PDVSA) foreign bribery scheme. The case involves bribes paid to PDVSA officials - Venezuela’s state-owned and state-controlled energy company - and its Houston-based subsidiary - Citgo Petroleum Corporation (Citgo) - to corruptly secure and retain energy and logistics contracts.
U.S. Attorney Ryan K. Patrick of the Southern District of Texas (SDTX), Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.
Jose Manuel Gonzalez Testino (Gonzalez), 48, of Miami, Florida, pleaded guilty in federal court in Houston to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA and one count of failing to report foreign bank accounts. U.S. District Judge Gray H. Miller accepted his plea today and set sentencing for Aug. 28, 2019.
Gonzalez was arrested July 31, 2018, at Miami International Airport in connection with a criminal complaint filed in the SDTX.
Gonzalez controlled a number of U.S. and international companies that provided goods and services to PDVSA. According to admissions made in connection with his guilty plea, beginning in or around 2012 and continuing through at least 2018, Gonzalez conspired with others to bribe PDVSA officials. Gonzalez admitted that beginning in November 2012 and continuing until at least June 2013, he and a co-conspirator paid at least $629,000 in bribes to Cesar Rincon David Godoy (Rincon), the former general manager of Bariven, PDVSA’s procurement subsidiary. Gonzalez also admitted he and his co-conspirators paid bribes to Alfonso Eliezer Gravina Munoz (Gravina) during the time Gravina was a PDVSA official at PDVSA Services Inc., another Houston-based PDVSA subsidiary. In exchange, Rincon and Gravina provided Gonzalez with inside information concerning PDVSA procurement processes and took steps to direct PDVSA contracts to Gonzalez’s companies and to give Gonzalez’s companies other business advantages. Gonzalez admitted these included priority over other vendors to receive payments.
Gonzalez also admitted to making bribe payments to several PDVSA officials who were based in Houston and employed by Citgo. Though Citgo acted primarily as a refiner, transporter and marketer of petroleum-based products, it also procured goods and services on behalf of PDVSA through its Special Projects group. Gonzalez admitted he and his co-conspirators paid at least four Citgo officials in the Special Projects group and provided gifts and other things of value to a senior Citgo executive. In exchange, Gonzalez admitted the Citgo officials assisted his companies in obtaining contracts for new business, provided inside information concerning the PDVSA bidding process, helped conceal the fact that Gonzalez controlled multiple companies on certain bidding panels for PDVSA projects and assisted Gonzalez in receiving payment priority for outstanding PDVSA invoices. Gonzalez also admitted he had a financial interest or signatory authority over multiple foreign bank accounts and failed to file a foreign bank account report, or “FBAR,” in 2017.
Gonzalez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA. Including Gonzalez, the Justice Department and the SDTX have announced charges against 21 individuals, 16 of whom have entered guilty pleas in connection with the investigation. Charges against the other five defendants remain outstanding. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami. SDTX Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson are prosecuting the case along with Trial Attorneys Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section. SDTX Assistant U.S. Attorney Kristine Rollinson is handling the forfeiture aspects of the case. The U.S. Attorney’s Office for the Southern District of Florida and the Criminal Division’s Office of International Affairs also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Business Executive Pleads Guilty to Foreign Bribery Charges in Connection with Venezuela Bribery SchemeRead the Press Release
A dual U.S.-Venezuelan citizen who controlled multiple U.S.-based companies pleaded guilty today for his role in the Petroleos de Venezuela S.A. (PDVSA) foreign bribery scheme. The case involves bribes paid to PDVSA officials - Venezuela’s state-owned and state-controlled energy company - and its Houston, Texas-based subsidiary Citgo Petroleum Corporation (Citgo), to corruptly secure and retain energy and logistics contracts.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas (SDTX) and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.
Jose Manuel Gonzalez Testino (Gonzalez), 49, of Miami, Florida, pleaded guilty in federal court in Houston to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA and one count of failing to report foreign bank accounts. U.S. District Judge Gray H. Miller of the Southern District of Texas accepted his plea today and set sentencing for August 28.
Gonzalez was arrested on July 31, 2018, at Miami International Airport in connection with a criminal complaint filed in the Southern District of Texas.
Gonzalez controlled a number of U.S. and international companies that provided goods and services to PDVSA. According to admissions made in connection with his guilty plea, beginning in or around 2012 and continuing through at least 2018, Gonzalez conspired with others to bribe PDVSA officials. Gonzalez admitted that beginning in November 2012 and continuing until at least June 2013, he and a co-conspirator paid at least $629,000 in bribes to Cesar Rincon David Godoy (Rincon), the former general manager of Bariven, PDVSA’s procurement subsidiary. Gonzalez also admitted he and his co-conspirators paid bribes to Alfonso Eliezer Gravina Munoz (Gravina) during the time Gravina was a PDVSA official at PDVSA Services Inc., another Houston-based PDVSA subsidiary. In exchange, Rincon and Gravina provided Gonzalez with inside information concerning PDVSA procurement processes and took steps to direct PDVSA contracts to Gonzalez’s companies and to give Gonzalez’s companies other business advantages. Gonzalez admitted these included priority over other vendors to receive payments.
Gonzalez also admitted to making bribe payments to several PDVSA officials who were based in Houston and employed by Citgo. Though Citgo acted primarily as a refiner, transporter and marketer of petroleum-based products, it also procured goods and services on behalf of PDVSA through its Special Projects group. Gonzalez admitted he and his co-conspirators paid at least four Citgo officials in the Special Projects group and provided gifts and other things of value to a senior Citgo executive. In exchange, Gonzalez admitted the Citgo officials assisted his companies in obtaining contracts for new business, provided inside information concerning the PDVSA bidding process, helped conceal the fact that Gonzalez controlled multiple companies on certain bidding panels for PDVSA projects and assisted Gonzalez in receiving payment priority for outstanding PDVSA invoices. Gonzalez also admitted he had a financial interest or signatory authority over multiple foreign bank accounts and failed to file a foreign bank account report, or “FBAR,” in 2017.
Gonzalez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA. Including Gonzalez, the Justice Department and the SDTX have announced charges against 21 individuals, 16 of whom have entered guilty pleas in connection with the investigation. Charges against the other five defendants remain outstanding. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami. Trial Attorneys Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section and SDTX Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson are prosecuting the case. SDTX Assistant U.S. Attorney Kristine Rollinson is handling the forfeiture aspects of the case. The U.S. Attorney’s Office for the Southern District of Florida and the Criminal Division’s Office of International Affairs also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Boise Man Sentenced to 5 Years in Prison for Attempting to Entice Minor on Dating WebsiteRead the Press Release
BOISE - Mark William Sharp, 42, of Boise, was sentenced yesterday in U.S. District Court to 60 months in prison followed by 5 years supervised release for attempted use of interstate facilities to transmit information about a minor, U.S. Attorney Bart M. Davis announced. As a result of his conviction, Sharp will be required to register as a sex offender. Sharp was sentenced by Chief U.S. District Court Judge David C. Nye. Sharp pleaded guilty on March 11, 2019.
According to court records, in November 2018, Sharp posted an advertisement on a dating website seeking sexual contact. In the ad, Sharp wrote that “age and status” did not matter. A detective with the Idaho Internet Crimes Against Children (ICAC) task force, posing as a 14 year-old girl, responded to the ad. During online communications with the detective, Sharp sent messages attempting to entice the person he believed to be a 14 year-old girl to meet him for sex. Sharp also asked the 14 year-old to send him a picture of herself in underwear. Later, the detective agreed to meet Sharp for sex, giving him an address to meet at. Sharp arrived at the location and was arrested.
The case was investigated by the Idaho Internet Crimes Against Children (ICAC) Task Force, and 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. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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Blasdell Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Michalewski, 54, of Blasdell, NY, was arrested and charged by criminal complaint with receipt of child pornography and possession of child pornography involving a prepubescent minor. The charges carry mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $250,000.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant. On May 24, 2019, investigators executed a search warrant at Michalewski's residence on South Park Avenue in Blasdell. Several items were seized, including a desktop computer, cell phone, laptop computers, external hard drives, DVD's, thumb drives, internal hard drives, VHS tapes, and literature. An initial examination of some of the electronics recovered suspected images and videos of child pornography. Some of the images depicted prepubescent minors and acts of violence. Michalewski was previously convicted in February 2018 of Possession of a Sexual Performance by a Child in Erie County Court and sentenced to a conditional discharge, which remains pending.
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.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 30, 2019, at 1:00 p.m.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Baton Rouge Man Convicted in Federal Court of Illegally Possessing a FirearmRead the Press Release
United States Attorney Brandon J. Fremin announced today that RAUL BURDEN, a 27-year old resident of Baton Rouge, Louisiana, has been convicted of possession of a firearm by a convicted felon. As a result of his conviction, BURDEN now faces a maximum sentence of ten years in federal prison, significant fines and a period of supervised release.
In a hearing before U.S. District Court Judge Brian Jackson on May 28, 2019, BURDEN pled guilty to possessing a Charter Arms “Off Duty” .38 special caliber revolver. BURDEN had previously been convicted of three felony offenses, including intimidating, impeding or injuring witnesses in 2009 and simple robbery in 2011 in East Baton Rouge Parish.
On December 24, 2018, EMS dispatchers received three 911 calls reporting shots being fired outside of an apartment complex located on Manson Drive in Baton Rouge. East Baton Rouge Parish Sheriff’s deputies responded to the scene. Upon arrival, deputies identified BURDEN from the emergency calls and ordered him to remove his hands from his pockets and place them on his head. BURDEN did not comply. When deputies again ordered BURDEN to remove his hands, he threw the firearm away from himself. The firearm was recovered at the scene.
U.S. Attorney Fremin stated, “I want to commend those law enforcement officers who responded to a 911 call involving shots being fired. This case highlights yet another example of the danger faced by law enforcement and the uncertainty that comes with every dispatch. Their brave and rapid intervention prevented a potentially dangerous outcome and led to the conviction of a violent felon who was illegally possessing a firearm. I want to thank our prosecutors and our federal and local partners for their outstanding work in obtaining this conviction.”
“ATF, along with our local law enforcement partners, will continue to focus our efforts on removing armed violent criminals from our streets,” said ATF New Orleans Field Division Acting Special Agent in Charge Kristen deTineo. “ATF and our partners remain committed to ensuring that our communities are safer and more secure as a direct result of our investigations."
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the East Baton Rouge Parish Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Kristen Craig.
Bank CEO Arrested for Taking Bribes in Connection with Loans Guaranteed by the Small Business AdministrationRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the arrest of EDWARD SHIN, the CEO of a Pennsylvania-based bank (the “Bank”), for taking bribes in connection with the Bank’s issuance of loans that were guaranteed by the United States Small Business Administration (“SBA”). SHIN was arrested pursuant to a criminal complaint charging him with taking bribes by siphoning off a portion of commissions on SBA-guaranteed loans and causing the Bank to issue SBA-guaranteed loans to companies in which SHIN had a secret interest. The charges are the culmination of a joint investigation by the Federal Deposit Insurance Corporation – Office of Inspector General (“FDIC-OIG”), Homeland Security Investigations (“HSI”), the SBA Office of the Inspector General (“SBA-OIG”), the Federal Bureau of Investigation (“FBI”), and the Office of the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”). SHIN is expected for presentment this afternoon in Manhattan federal court before U.S. Magistrate Judge James L. Cott.
U.S. Attorney Geoffrey S. Berman said: “Edward Shin, the CEO of a Pennsylvania bank, allegedly exploited his position as a bank officer to illegally issue Small Business Administration loans to entities in which he had a financial interest. Furthermore, Shin allegedly took kickbacks on commissions for those loans from a third party who did no legitimate work in the loan process. The Small Business Administration exists to provide funding to those pursuing the American dream through owning their own businesses. Edward Shin is now charged with attempting to corrupt that process for his own personal gain.”
According to the allegations in the Criminal Complaint filed in Manhattan federal court today[1]:
The SBA helps Americans start, build, and grow businesses by guaranteeing certain loans made by banks to help those businesses succeed. Between 2009 and 2012, EDWARD SHIN was the CEO of the Bank. During that period, the Bank offered a range of financial products, including SBA-guaranteed loans to small businesses in the New York-New Jersey area, which the Bank could extend only on the condition that all aspects of those loans complied with SBA regulations and SBA’s standard operating procedures. In particular, SBA regulations and procedures prohibited bank officers, including SHIN, from receiving any payments in connection with SBA-backed loans and prohibited banks from extending such loans to any institution in which a bank officer held an interest.
Notwithstanding these regulations, SHIN secretly solicited and received bribe payments in connection with SBA-guaranteed loans issued by the Bank and caused the Bank to extend SBA-guaranteed loans to companies in which SHIN had secret ownership interests. Specifically, when the Bank issued a business loan involving a certain broker (the “Broker”), SHIN secretly arranged to receive a portion of the Broker’s fee. On other occasions, when the Bank issued a business loan that did not involve the use of an actual broker, SHIN arranged to have the Broker inserted unnecessarily into the transaction solely to generate a broker fee that could be shared with SHIN; in fact, the Broker did no actual work to earn a commission on those transactions, but split the “broker’s fee” with SHIN as an illegal kickback.
SHIN also arranged for the Bank to issue SBA-guaranteed loans to businesses in which he secretly retained an ownership interest, in violation of SBA regulations and procedures. For example, in or about December 2010, the Bank issued an SBA-guaranteed loan for approximately $950,000 to a business in New York, New York. Although documents submitted to the Bank for purposes of securing the loan did not mention SHIN’s ownership interest, the business was secretly operated as a 50-50 partnership between SHIN and the Broker. After the loan was issued in or about October 2014, this loan went into default status, ultimately resulting in a loss to the SBA of approximately $611,491.
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SHIN, 56, of Ambler, Pennsylvania, is charged with one count of conspiracy to commit bank bribery, which carries a maximum potential sentence of five years in prison, and one count each of bank bribery, theft of funds by a bank officer, and conspiracy to commit wire fraud, each of which carries a maximum potential sentence of 30 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FDIC-OIG, HSI, FBI, SBA-OIG, and SIGTARP.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Daniel M. Tracer and Tara M. La Morte are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Army Captain Sentenced to Almost 20 Years in Federal Prison after Pleading Guilty to Enticement of Minors to Engage in Unlawful Sexual ActivityRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow today sentenced Kevin J. Gorbsky, age 32, of Bowie, Maryland, to 239 months in federal prison, followed by lifetime supervised release, after Gorbsy pleaded guilty to five counts of enticement of a minor to engage in unlawful sexual activity. Judge Chasanow also ordered that, upon his release from prison, Gorbsky must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The guilty plea and sentence were announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; and Commanding General David P. Glaser of the U.S. Army Criminal Investigation Command.
“Kevin Gorbsky took advantage of the anonymity of the Internet to sexually exploit young girls, many of whom were especially vulnerable,” said U.S. Attorney Robert K. Hur. “We will do all we can to find and prosecute these predators to prevent more children from being abused.”
According to his plea agreement, Gorbsky was a Captain in the United States Army, stationed in Kuwait in September 2015, and in Anne Arundel County, Maryland, beginning in July 2016, where he was assigned to work at a secure facility. Gorbsky created and used e-mail accounts “Justin Smelder” and “John Bbeez,” and a social media account, “johnbeez66.” Beginning in October 2015 and continuing through at least January 8, 2018, Gorbsky used those accounts to engage in online chat with hundreds of other users, many of whom identified themselves as minors between 12 and 17 years old. Gorbsky told many of the individuals he chatted with that he was 19 years old, when in fact, he was between 28 and 31 years old. Gorbsky’s chats with the users were sexually explicit. Gorbsky repeatedly persuaded, enticed, and coerced the other users to send him sexually explicit images and to engage in sexually explicit video chat with him. Gorbsky sent many of the users sexually explicit images and videos of himself. On numerous occasions, Gorbsky accessed his accounts and engaged in sexually explicit chats using the unclassified computer system at his workplace.
Specifically, Gorbsky admitted that from September 22, 2017 through January 3, 2018, Gorbsky engaged in sexually explicit communications with a girl who said she was 12 years old, including during times the girl stated she was in school. Gorbsky repeatedly asked the girl for sexually explicit images. At Gorbsy’s request, he and the girl also engaged in video chat calls during which they engaged in sexually explicit conduct. On October 26, 2017, Gorbsky e-mailed a sexually explicit video of himself to the girl.
Further, as detailed in his plea agreement, between October 5, 2017 and January 3, 2018, Gorbsky also engaged in sexually explicit chat with four other girls who stated in their chats that they were ages 13, 17, 17, and 15, respectively. Gorbsky repeatedly asked the girls to send him sexually explicit images of themselves and to engage in sexually explicit video chat with him. All of the girls sent Gorbsky sexually explicit pictures of themselves and the 15-year-old victim also engaged in a video chat during which she and Gorbsky engaged in sexually explicit conduct. During Gorbsky’s conversations with the 13-year-old girl, the girl commented to Gorbsky on numerous occasions that she was suicidal. Gorbsky admitted that he ignored her statements about self-harm and instead redirected the conversation back to sexually explicit matters. Gorbsky also e-mailed sexually explicit videos of himself to one of the girls who was a 17-year-old special needs student.
According to his plea agreement, Gorbsky induced at least eight other users who identified themselves as minor females to send him sexually explicit images and/or to engage in sexually explicit video chat with him. Five of those users have been identified as then-minor girls living in Pennsylvania, Connecticut, Arkansas, and California. These victims were between 14 and 17 years old at the time of the offenses.
One 15-year-old female’s father discovered her communications with Gorbsky. He sent Gorbsky a message stating, “This [victim's] dad. You are talking and trading sexual pics with a minor. She is 15. Your profile and email are being sent to police and other authorities to take action.” Despite this, Gorbsky admitted that he continued to communicate with the minor female, including asking her to send him sexually explicit images and to engage in sexually explicit video chat with him.
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 and Army CID for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Derek E. Hines, who prosecuted the federal case.
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Angola Man Sentenced to 121 Months in PrisonRead the Press Release
FORT WAYNE – Andrew L. Fitch, 32 years old, of Angola, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after pleading guilty to possession with the intent to distribute methamphetamine, announced U.S. Attorney Kirsch.
Fitch was sentenced to 121 months in prison followed by 5 years of supervised release.
According to documents in this case, on August 20, 2016, Angola Police Department officer attempted to perform a traffic stop on a motorcycle Fitch was operating on I-69 that was exceeding the posted speed limit. Instead of pulling over, Fitch accelerated rapidly away from the officer and a chase ensued with Fitch operating the motorcycle at speeds well over 100 miles per hour. During flight, Fitch lost control of the motorcycle and was apprehended. Fitch who had an active arrest warrant, was taken into custody and $1,655.29 was recovered from his person. A search of the motorcycle revealed scales, a glass pipe, pills, and baggies that were later analyzed and found to contain 66 grams of actual methamphetamine.
This case was investigated by the Drug Enforcement Administration with the assistance of the Angola Police Department and the Steuben County Sheriff’s Department. This case was prosecuted by Assistant U.S. Attorney Anthony W. Geller.
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Amado Man Sentenced to 6 Years for Planting Explosive Device That Activated, Causing InjuriesRead the Press Release
TUCSON, Ariz. – On May 22, 2019, Constantino Varela, 64, of Amado, Arizona was sentenced by U.S. District Judge James Soto to 72 months’ imprisonment. Varela pleaded guilty on August 1, 2018 to two counts of Unlawful Possession of an Unregistered Destructive Device, and one count of Possession of Firearms by a Convicted Felon.
Varela, suspecting vandals were breaking into a building on the property where he lived, built and planted an explosive device in the structure. The explosive device, containing metal balls and nails as added fragmentation, was connected to a pressure-activated switch mounted on the floor close to the building’s entrance. On September 17, 2017, an associate of Varela entered the building and stepped on the pressure-activated switch. The device exploded and sprayed the victim with shrapnel. A further search of the property uncovered three additional explosive devices.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Border Patrol, and the Santa Cruz County Sheriff’s Office. The prosecution was handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.
Tuesday 28 May 2019
‘Cowboy Gun Bandits’ Who Used Large-Caliber Handgun During Robbery Spree Each Sentenced to Decades in Federal PrisonRead the Press Release
LOS ANGELES –Two men dubbed the “Cowboy Gun Bandits” by the FBI for using a large-caliber revolver during a series of robberies that targeted gas station convenience stores and a bank have been to serve federal prison sentences of at least 35 years.
Dominic Dorsey, 51, of Hollywood, was sentenced late Friday by United States District Judge Christina A. Snyder to 40 years in federal prison.
Reginald Bailey, 74, of the Jefferson Park neighborhood of Los Angeles, was ordered Friday afternoon to serve a 35-year sentence.
In addition to the prison sentences, Judge Snyder ordered both men to pay restitution totaling $58,700.
Following a two-week trial in July 2016, a federal jury found Dorsey and Bailey guilty of 11 felony counts – conspiracy to interfere with commerce in violation of the Hobbs Act, five specific Hobbs Act robberies and five counts of using a firearm during the robberies.
The jury specifically found that Dorsey and Bailey committed five robberies:
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a September 24, 2013, robbery at a Shell gas station in Woodland Hills;
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an October 6, 2013, robbery at an ARCO gas station in Newhall;
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an October 18, 2013, robbery at a Chevron gas station in Woodland Hills;
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an October 25, 2013, robbery at an ARCO gas station in Encino; and
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a November 5, 2013, robbery of a Citibank branch in Glendale that netted more than $55,000.
In addition to these robberies, the jury heard evidence in relation to the conspiracy count that Dorsey and Bailey also committed robberies at three other gas stations in October 2013.
Documents filed by prosecutors in relation to the sentencings described “the violent, terroristic nature” of Dorsey and Bailey’s criminal conduct, and how they “repeatedly brandished and used a firearm to control and instill fear in innocent civilians in order to steal from them and their businesses.”
Many of the robberies were captured by video surveillance, which allowed investigators to determine that one of the robbers was missing part of his ring finger on his left hand. The video evidence helped lead authorities to Bailey, whose left hand is missing a portion of his ring finger.
The investigation into the string of robberies by the “Cowboy Gun Bandits” was conducted by the Los Angeles Metropolitan Task Force on Violent Crime, which is made up of investigators with the Federal Bureau of Investigation, the Los Angeles Police Department and the Los Angeles Sheriff’s Department. The Glendale Police Department provided substantial assistance during the investigation.
This case was prosecuted by Assistant United States Attorneys Joseph D. Axelrad and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section.
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Waco Man Sentenced to Life in Federal Prison for Methamphetamine DistributionRead the Press Release
In Waco today, a federal judge sentenced 38-year-old methamphetamine distribution ringleader Daniel Louis Lopez to life in federal prison, announced United States Attorney John F. Bash; Drug Enforcement Administration Special Agent in Charge Will Glaspy, Houston Division; FBI Special Agent in Charge Christopher Combs; Waco Police Chief Ryan Holt; Killeen Police Chief Charles Kimble; McLennan County Sheriff Parnell McNamara; and, Texas Department of Public Safety Director Steven McCraw.
In addition to the prison term, U.S. District Judge Alan Albright ordered that Lopez pay a $1,000 fine.
Lopez was among 20 defendants charged by federal grand jury indictment in August 2018 with conspiracy to possess with intent to distribute methamphetamine. Authorities allege that since May 2017, these defendants were responsible for the distribution of large amounts of methamphetamine throughout the Waco and Central Texas areas. On January 19, 2019, Lopez pleaded guilty to the charge. To date, 19 have pleaded guilty to the conspiracy charge; seven defendants are still awaiting sentencing; the rest have been sentenced to federal prison terms ranging from seven years to life imprisonment.
The DEA, FBI, U.S. Marshals Service, Texas Department of Public Safety, Waco Police Department, Killeen Police Department and the McLennan County Sheriff’s Office investigated these cases. Assistant U.S. Attorneys Mark Frazier and Christopher Blanton are prosecuting this case on behalf of the Government.
The principal mission of the Organized Crime Drug Enforcement Task Force (OCDETF) program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.