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Wednesday 22 May 2019
Facebook Seller Sentenced for Robbing and Shooting CustomerRead the Press Release
St. Louis, MO – Natez Fisher, 19, of St. Louis, MO, was sentenced to 120 months in prison for one count of interference with commerce by robbery. He appeared in federal court today before U.S. District Judge Ronnie L. White.
According to court documents, on April 16, 2018, Natez Fisher placed an advertisement on Facebook Marketplace for the sale of a gaming system. The victim agreed to purchase the item and met with Fisher at a pre-arranged location. Fisher entered the victim’s car and asked to see the victim’s money. Once the victim produced the money, Fisher pointed a firearm at the victim and demanded the money. Fischer and the victim struggled over the firearm. The victim was shot in the leg during the struggle. Fisher exited the car and fled on foot. He was eventually arrested by federal agents.
This case was investigated by the Federal Bureau of Investigation and the St. Louis Metropolitan Police Department. Assistant United States Attorney Jennifer Roy handled the case for the U.S. Attorney’s Office.
Elyria man indicted on charges of trafficking fentanyl, cocaine, methamphetamine and crack cocaineRead the Press Release
An Elyria man was indicted on charges of trafficking fentanyl, cocaine, methamphetamine and crack cocaine.
The four-count indictment alleges that Terry L. Jackson, Sr., on February 26, 2019, sold crack cocaine and possessed four grams of fentanyl, 17 grams of cocaine and 1.5 grams of methamphetamine.
This case is one of dozens prosecuted as part of Operation Synthetic Opioid Surge (SOS), in in which any cases involving heroin, fentanyl or any synthetic opioid are prosecuted in federal court. Lorain County is one of 10 communities around the nation selected as a pilot for Operation SOS. The program demonstrates the Justice Department’s continued to commitment to working with local partners to make our community safer.
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case was investigated by the Elyria Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorneys Robert Kolansky and Vasile Katsaros.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Elyria man indicted for bringing 14-year-old girl from California to Ohio to engage in unlawful sexual activity, as well as child pornography chargesRead the Press Release
An Elyria man was indicted for bringing a 14-year-old girl from California to Ohio to engage in unlawful sexual activity, as well as child pornography charges.
Jeremy L. Cruz, 39, was indicted on one count of transportation of a minor with intent to engage in unlawful sexual activity, one count of receipt of child pornography and one count of transportation of child pornography.
Cruz, between April 13 through April 18, 2019, knowingly transported a 14 year-old girl, in interstate commerce from California to Ohio, with the intent that such 14 year-old girl engage in sexual activity, according to the indictment.
The indictment also charges that from on or about January 1, 2017 through on or about April 15, 2019, Cruz knowingly received visual depictions of a real minor engaged in sexually explicit conduct.
The indictment also charges that from April 13 through April 18, 2019, Cruz did knowingly transported numerous visual depictions of real minors engaged in sexually explicit conduct.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan following an investigation by the Cleveland and Los Angeles offices of the Federal Bureau of Investigation, Avon Lake Police Department, Elyria Police Department, Sheffield Lake Police Department and Santa Maria (California) Police Department.
An indictment is only a charge and is 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.
Durham Woman Sentenced for Heroin DistributionRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge James C. Dever, III sentenced DOMINQUE RUSSELL, 30, of Durham to 24 months of imprisonment followed by 3 years of supervised release. On December 28, 2018, RUSSELL pled guilty to possession with intent to distribute a quantity of heroin.
On January 21, 2018, and January 28, 2018, officers with the Henderson Police Department (HPD) utilized a confidential source to conduct controlled buys of heroin from the occupants at 521 Spring Court in Henderson, North Carolina.
On January 31, 2018, law enforcement executed a search warrant on the home. In the room belonging to Jermill Blacknall (in federal custody awaiting Arraignment date) and RUSSELL, officers recovered a loaded rifle with two "banana clips" containing 27 and 28 rounds of ammunition, a 9mm 50-round magazine "drum" with 28 rounds, an empty Glock magazine in a Glock box (no gun), and identification belonging to Blacknall. A search of the remainder of the home revealed scales, a blender with white powder residue, 18.99 grams of heroin (in a car seat), and packaging material. Blacknall and RUSSELL'S two young children were also in the house.
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 Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Henderson Police Department. Assistant United States Attorney Robert J. Dodson handled the prosecution of this case for the government.
District Court Orders Illinois Compounding Company and Two Executives to Comply with Drug Safety StandardsRead the Press Release
A federal court entered a consent decree of permanent injunction requiring a multi-site outsourcing compounding pharmacy, headquartered in Illinois, to comply with provisions of the Federal Food, Drug, and Cosmetic Act (the Act) while manufacturing, holding, and distributing drugs.
In a complaint filed May 20, 2019, at the request of the U.S. Food and Drug Administration, the United States alleged that PharMedium Services LLC (PharMedium) violated the Act by distributing adulterated, misbranded, and unapproved new drugs in interstate commerce. As described in the complaint, PharMedium operated four registered outsourcing facilities in Tennessee, Mississippi, Texas, and New Jersey. According to the complaint, PharMedium’s drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated with filth or rendered injurious to health and because PharMedium failed to comply with current good manufacturing practices. The complaint also alleged that PharMedium distributed unapproved new drugs and misbranded drugs because PharMedium failed to comply with all of the requirements for drugs compounded in a registered outsourcing facility.
As a result of FDA inspections, PharMedium voluntarily ceased operations at one facility in Memphis, Tennessee. The company also agreed to be bound by a consent decree filed with the complaint in the U.S. District Court for the Northern District of Illinois. In addition, Scott Aladeen, PharMedium’s new president, and Warren Horton, PharMedium’s new vice president for Quality and Research & Development, are named in the complaint and consent decree as the individuals responsible for establishing and maintaining PharMedium’s current and future compliance with the Act.
“The Department of Justice is committed to ensuring that compounding pharmacies follow safety laws that protect consumers,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to work with the FDA to ensure that drugs are manufactured and distributed appropriately under the law.”
“PharMedium exposed patients across the United States to risk of receiving a harmful drug, which we find unacceptable,” said Acting FDA Commissioner Ned Sharpless M.D. “We will continue to take appropriate enforcement actions when compounding pharmacies and outsourcing facilities produce drugs under substandard conditions or use inappropriate practices that could lead to serious harm to patients.”
The consent decree entered by the court permanently enjoins the defendants from violating the Act. As part of the settlement, PharMedium may not manufacture, hold, or distribute its drugs from the Memphis facility unless PharMedium complies with specific remedial measures set forth in the consent decree. PharMedium must also comply with remedial measures to ensure compliance with the Act at its other facilities and at its headquarters in Illinois.
Trial attorneys Shannon Pedersen and Claude Scott of the Civil Division’s Consumer Protection Branch represented the United States, along with the assistance of Associate Chief Counsel Laura Akowuah of the FDA’s Office of Chief Counsel and the U.S. Attorney’s Office for the Northern District of Illinois.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Illinois, visit its website at https://www.justice.gov/usao-ndil.
District Court Enters Permanent Injunction Against Texas Compounding Pharmacy and its OwnersRead the Press Release
HOUSTON – A federal court has entered a consent decree of permanent injunction against defendants Pharm D Solutions LLC (Pharm D); co-owner and Pharmacist-in-Charge Luis R. De Leon and co-owner and pharmacist Juan C. De Leon, announced the Department of Justice. The injunction permanently enjoins the defendants from distributing adulterated, misbranded and unapproved new drugs in violation of the federal Food, Drug and Cosmetic Act (FDCA).
The Department filed a complaint in the U.S. District Court for the Southern District of Texas (SDTX) today at the request of the U.S. Food and Drug Administration (FDA), alleging, among other things, the defendants failed adequately to address insanitary conditions at their drug-compounding facility.
As part of the ordered permanent injunction, the defendants cannot resume manufacturing, processing or distributing sterile drugs until FDA determines that they have complied with specific remedial measures. Those measures seek to ensure that defendants manufacture and distribute drugs in conformity with applicable manufacturing standards.
“The FDCA is designed to protect the public health,” said SDTX U.S. Attorney Ryan K. Patrick. “Our district is a committed partner in enforcing the provisions of the Act in the interest of public safety.”
“Compounding pharmacies must produce drugs that are reliably safe and sterile,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work closely with FDA to enforce the provisions of the FDCA.”
“We understand that compounded drugs can be important for patients whose medical needs cannot be met by FDA-approved drug products, and we’re continuing efforts to advance policies to help further improve the quality of compounded products,” said Acting FDA Commissioner Ned Sharpless, M.D.
“These drugs are not approved by the FDA and have not been evaluated for safety or efficacy, so when they’re not appropriately compounded, they have the potential to cause patients harm. We’ll continue taking enforcement actions, like the one we’re taking today, to ensure that these companies and products do not put patient health at risk.”
According to the complaint, defendants’ drugs were adulterated because they were prepared, packed or held under insanitary conditions whereby they may have been contaminated or may have been rendered injurious to health. For example, the complaint alleges that during a 2018 FDA inspection, defendants’ employees failed to demonstrate proper aseptic technique by, among other things, leaning into sterile areas with exposed skin and failing to maintain clean air supply when handling products intended to be sterile. The complaint further alleges that defendants failed to appropriately investigate instances of microbial contamination, mold and yeast recovered from sterile processing areas.
Pharm D initiated a voluntary recall of all compounded drug products intended to be sterile after the September 2018 FDA Inspection raised concerns about practices at the pharmacy. Pharm D also temporarily ceased sterile production at that time.
The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch and SDTX Assistant U.S. Attorney Melissa M. Green with the assistance of Associate Chief Counsel of Enforcement Samantha Hong of the Department of Health and Human Services’ Office of General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found HERE. For more information about the U.S. Attorney’s Office for the Southern District of Texas, visit its website.
District Court Enters Permanent Injunction Against Texas Compounding Pharmacy and Its Owners to Prevent Distribution of Adulterated DrugsRead the Press Release
A federal court entered a consent decree of permanent injunction against defendants Pharm D Solutions LLC (Pharm D); Luis R. De Leon, co-owner and Pharmacist-in-Charge; and Juan C. De Leon, co-owner and pharmacist, the Department of Justice announced today. The injunction permanently enjoins the defendants from distributing adulterated, misbranded, and unapproved new drugs in violation of the federal Food, Drug, and Cosmetic Act (FDCA).
The Department filed a complaint in the U.S. District Court for the Southern District of Texas on May 20, 2019, at the request of the U.S. Food and Drug Administration (FDA), alleging, among other things, that the defendants failed adequately to address insanitary conditions at their drug-compounding facility.
As part of the ordered permanent injunction, defendants cannot resume manufacturing, processing, or distributing sterile drugs until FDA determines that they have complied with specific remedial measures. Those measures seek to ensure that defendants manufacture and distribute drugs in conformity with applicable manufacturing standards.
“Compounding pharmacies must produce drugs that are reliably safe and sterile,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work closely with FDA to enforce the provisions of the Food, Drug, and Cosmetic Act.”
“The Food, Drug, and Cosmetic Act is designed to protect the public health,” said U.S. Attorney Ryan K. Patrick for the Southern District of Texas. “Our district is a committed partner in enforcing the provisions of the Act in the interest of public safety.”
“We understand that compounded drugs can be important for patients whose medical needs cannot be met by FDA-approved drug products, and we’re continuing efforts to advance policies to help further improve the quality of compounded products,” said Acting FDA Commissioner Ned Sharpless, M.D. “These drugs are not approved by the FDA and have not been evaluated for safety or efficacy, so when they’re not appropriately compounded, they have the potential to cause patients harm. We’ll continue taking enforcement actions, like the one we’re taking today, to ensure that these companies and products do not put patient health at risk.”
According to the complaint, defendants’ drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated or may have been rendered injurious to health. For example, the complaint alleges that during a 2018 FDA Inspection, defendants’ employees failed to demonstrate proper aseptic technique by, among other things, leaning into sterile areas with exposed skin and failing to maintain clean air supply when handling products intended to be sterile. The complaint further alleges that defendants failed to appropriately investigate instances of microbial contamination, mold, and yeast recovered from sterile processing areas.
Pharm D initiated a voluntary recall of all compounded drug products intended to be sterile after the September 2018 FDA Inspection raised concerns about practices at the pharmacy. Pharm D also temporarily ceased sterile production at that time.
The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Melissa M. Green of the U.S. Attorney’s Office for the Southern District of Texas, with the assistance of Associate Chief Counsel, Enforcement, Samantha Hong of the Department of Health and Human Services’ Office of General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Texas, visit its website at https://www.justice.gov/usao-sdtx.
Des Moines Woman and Man Sentenced to Prison for Firearms OffensesRead the Press Release
DES MOINES, IA – On April 12, 2019, Tonnyia Barae Bruce, age 34, of Des Moines, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to 18 months in prison for six counts of unlawful disposition of a firearm, announced United States Attorney Marc Krickbaum. Bruce was ordered to serve three years of supervised release following her prison term and to pay $600 to the Crime Victims’ Compensation Fund. Bruce pleaded guilty to the charges on November 15, 2018.
On May 21, 2019, Bruce’s co-defendant, Nikko Alejandro Gatewood, age 24, of Des Moines was also sentenced by Judge Goodgame Ebinger to 100 months in prison for seven counts of felon in possession of a firearm. Gatewood was ordered to serve three years of supervised release to follow his prison term and pay $700 to the Crime Victims’ Compensation Fund. Gatewood pleaded guilty to the charges on November 20, 2018.
According to court documents, from at least August 2017 through July 2018, Bruce purchased nine firearms at the direction of her boyfriend and co-defendant, Gatewood, whom she knew was a convicted felon. Gatewood then sold these guns on the street. At least one of the guns sold was later recovered after it was used in connection with a drug trafficking offense.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Des Moines Police Department, Iowa Division of Criminal Investigation, and the Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office-Southern District of Iowa.
Delaware County Child Predator Sentenced for Naturalization FraudRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Weixing Chen, 30, of Brookhaven, PA was sentenced today to 12 months imprisonment and three years supervised release by Judge Paul S. Diamond. Chen pleaded guilty on December 5, 2018 to one count of procuring naturalization unlawfully and two counts of making a false statement in a naturalization proceeding. The defendant will lose his United States citizenship and will be deported to China after he serves his term of imprisonment.
During the filing of his naturalization application and the interview process with United States Citizenship and Immigration Services (“USCIS”), the defendant deliberately concealed the fact that he was currently soliciting sex from minors and collecting child pornography. He also falsely claimed that he had not committed any crimes prior to applying for naturalization. In reality, before being sworn in as a United States citizen, the defendant was electronically communicating with two individuals whom he believed to be minors in order to have sexual contact with them. He was convicted of various child exploitation offenses in Delaware County in 2015 after becoming a citizen.
“An important purpose of federal immigration and naturalization laws is to ensure the safety and security of the United States,” said U.S. Attorney McSwain. “This defendant flouted our laws, preyed upon children, and lied about all of it to gain entry into our country unlawfully. This sentence confirms that my Office will continue to hold every person accountable who violates federal law – no matter who you are or where you come from.”
“Homeland Security Investigations will aggressively pursue cases where individuals unlawfully obtain immigration benefits, especially in a circumstance like this one, which involves a child predator,” said Marlon V. Miller, Special Agent in Charge of HSI Philadelphia. “We will continue to work tirelessly with our law enforcement counterparts to investigate criminals who manipulate and exploit the immigration system and see that they are brought to justice.”
The case was investigated by Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Josh A. Davison.
Couple Sentenced to Serve Lengthy Term in Federal Prison in Methamphetamine Conspiracy and Firearm ChargesRead the Press Release
GREENEVILLE, Tenn. – On May 20, 2019, Greg Fessell, 47, and his wife Patricia Sciaca [Fessell], 46, of Kingsport, Tennessee, were sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, for their roles in a conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense. Greg Fessel was sentence to serve 223 months in federal prison. Patricia Sciaca [Fessell] was sentenced to serve 206 months in federal prison. The couple was also ordered to each pay a $340,000 money judgment, which represented the proceeds of their sale of methamphetamine.
In February 2018, agents preparing to execute a search warrant at the Fessell residence performed traffic stops on Fessell and Sciacca as they left their residence in separate vehicles. A search of the vehicles and residence resulted in the recovery of over 500 grams of methamphetamine, 55 firearms, and $39,597 cash. In November 2018, both pleaded guilty for conspiracy to distribute methamphetamine and possession of a firearm.
The investigation into the Fessell’s drug trafficking activity was part of a broader investigation conducted by partnering local, state, and federal law enforcement agencies tasked with combatting methamphetamine distribution in the region. Law enforcement agencies participating in the investigation included the Sullivan County Sheriff’s Office, Kingsport Police Department, Tennessee’s 2nd Judicial Drug Task Force, Johnson City Police Department, Washington County Sheriff’s Office, Tennessee Highway Patrol, Tennessee Bureau of Investigation, Drug Enforcement Administration, and U.S. Homeland Security Investigations. Assistant U.S. Attorney Christian Lampe represented the United States in court proceedings.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Convicted Felon with Ammunition Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Altavious Demon Jackson, 34, of Atlanta, Georgia, was sentenced in federal court to a term of 87 months imprisonment for his illegal possession of ammunition. Jackson, a previously convicted felon, may not legally possession firearms or ammunition under federal law. He pled guilty to the charge of being a convicted felon in possession of ammunition in January of 2019. United States District Court Judge Callie V. S. Granade imposed the sentence following a hearing conducted on May 22, 2019.
The judge ordered that Jackson serve 87 months imprisonment. When he is released from custody, Jackson will serve a total of 3 years on supervised release. He was also ordered to pay $100 in special mandatory assessments, but no fine was imposed.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Cleveland man already in federal custody for drug trafficking charged for attempting to possess more than 300 grams of fentanyl, as well as escapeRead the Press Release
A Cleveland man already in federal custody for drug trafficking was charged with attempting to possess more than 300 grams of fentanyl, as well escape.
Rayshawn Ligon escaped from Oriana House Residential Reentry Center on March 2, 2019, while in the custody of Federal Correctional Institution McKean, according to the indictment.
On March 1, Ligon attempted to possess with the intent to distribute 331 grams of fentanyl, according to the indictment.
According to court documents: agents from the U.S. Postal Inspection Service intercepted a package addressed to a home on East 78th Street in Cleveland that contained blue pills that tested positive for fentanyl. Investigators replaced the pills with inert ones and inserted a tracking device into the package before trying to make a controlled delivery.
The package was delivered to the East 78th Street address on March 1. Ligon arrived at the house in a Jeep, then left minutes later with the package. Ligon drove to a residence on East 246th Street in Euclid, went inside with the package, then walked outside with the opened package.
Investigators attempted to stop Ligon. He drove away at a high rate of speed, threw the package out the window (later recovered), apparently lost control of the Jeep and ran over a real estate sign, and then ran away. Police had the vehicle towed and recovered Ligon’s driver’s license and birth certificate from the Jeep, according to court documents.
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The case was investigated by the U.S. Postal Inspection Service and Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorneys Patrick Burke and Danielle Angeli.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Chinese National Pleads Guilty to Trafficking Counterfeit IPhones from Hong KongRead the Press Release
PORTLAND, Ore.—Quan Jiang, 30, a Chinese national and former engineering student at Linn Benton Community College in Albany, Oregon, pleaded guilty today to one count of trafficking in counterfeit goods, specifically fake and altered Apple iPhones. Jiang would import the counterfeit devices from Hong Kong and submit them to Apple in exchange for genuine warranty replacement phones to be sold on the Chinese market.
“Counterfeiting undermines commerce and inevitably leads to increased prices for goods enjoyed by millions of consumers,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “The investigators who worked this case and others like it provide an invaluable public service to American companies, entrepreneurs, and consumers alike in preserving a competitive market free of criminal interference.”
“Individuals who deal in counterfeit goods would have you believe that these are victimless crimes,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations (HSI) Seattle. “Do not be fooled, they’re not. Not only do they hurt the economy and legitimate businesses, but they also impact consumers directly. HSI and our law enforcement partners will continue to fight counterfeiting across all industries.”
According to court documents, between January 1, 2016, and February 1, 2018, Jiang would regularly receive packages containing between 20 and 30 counterfeit iPhones from associates in Hong Kong. Using various assumed names, Jiang would submit each iPhone to Apple individually in person or online for a warranty replacement; he would then ship the genuine replacement devices he received back to China for resale. In exchange for his service, Jiang’s associate would pay Jiang’s mother, also residing in China, who would in turn deposit the money into Jiang’s bank account.
Jiang later admitted to investigators that he knew the devices were counterfeit and that it was illegal to submit them to Apple as genuine products still under warranty. In just over two years, Jiang imported more than 2,000 inoperable counterfeit iPhones. He ultimately obtained approximately 1,500 genuine replacement iPhones, each with an approximate resale value of $600.
Jiang faces a maximum sentence of ten years in prison, a $2,000,000 fine or twice his proceeds, whichever is greater, and three years of supervised release. He will be sentenced on August 28, 2019 before U.S. District Court Judge Anna J. Brown.
As part of the plea agreement, Jiang has agreed to pay $200,000 in restitution to Apple.
This case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) and prosecuted by Ryan W. Bounds, Assistant U.S. Attorney for the District of Oregon.
Chinese National Charged with Importing AnaloguesRead the Press Release
NEWARK, N.J. – A Chinese national who has held high-level executive positions at chemical and pharmaceutical companies in China has been arrested and charged with drug and money laundering offenses, including the importation of fentanyl analogues, U.S. Attorney Craig Carpenito announced today.
Hao Qin, a/k/a “John Chin,” 32, is charged by complaint with one count of conspiracy to import controlled substance analogues and one count of conspiracy to commit international money laundering. The defendant was arrested late yesterday after landing at Los Angeles International Airport and will have his initial appearance today before U.S. District Judge Jean Rosenbluth in the Central District of California.
According to documents filed in this case and statements made in court:
Agents of the Drug Enforcement Administration received information from a cooperating witness that Qin and others were involved in the distribution of controlled substances and controlled substance analogues used to manufacture synthetic cannabinoids for human consumption. They were also aware that Qin and others were laundering their illegal proceeds.
During the time of the conspiracy, Qin was a high-level executive for pharmaceutical and chemical companies. He was allegedly responsible for importing more than 500 kilograms of controlled substance analogues into the United States. Among the substances imported by Qin and his conspirators through Qin’s chemical business were furanyl fentanyl and 4-FIBF, two potent analogues of the opioid drug fentanyl.
Qin is also charged with laundering the proceeds of his international drug business, including accepting wire payments designed to pay off a drug debt of more than $500,000 incurred by one of Chin’s former clients in the United States.
The count of conspiracy to import controlled substance analogues is punishable by a maximum of 20 years in prison and a fine of $1 million, and the count of conspiracy to commit international money laundering is punishable by a maximum of 20 years in prison and a fine of $500,000.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.U.S. Attorney Carpenito credited special agents with the DEA, under the direction of Special Agent in Charge Susan A. Gibson in Newark, with the investigation leading to the charges. The investigation was supported and coordinated by the Department of Justice’s multi-agency Special Operations Division.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Office’s Cyber Crimes Unit, Assistant U.S. Attorneys Sammi Malek of the Office’s Economic Crimes Unit, and Erica Liu, Chief of the Office’s Opioids Unit.
The charges and allegations contained in the complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Buffalo Man Going to Jail for Nearly 20 Years for Distributing Fentanyl, Final Defendant to Be Sentenced in Fentanyl 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 Calvin Elston, Jr., 41, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, was sentenced to serve 235 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between July 2013 and May 2015, the defendant conspired with co-defendants Brandon Coburn, Jennifer L. Courton, Rodney Courton, John Davis, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, to distribute fentanyl, oxymorphone, oxycodone, and amphetamines, Schedule II controlled substances.
Over the course of the conspiracy, Elston obtained prescriptions in his own name, and in the names of others, from co-defendant Brandon Coburn, a former nurse practitioner. Neither he, nor the others, ever saw Coburn for treatment. The defendant and co-defendant, Jennifer L. Courton, would then recruit various individuals who would agree to go to pharmacies to submit prescriptions. These individuals, including Rodney Courton, John Davis, Jessica Howard, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, would be paid money for their services. Coburn would also be paid for writing each prescription.
In total, from July 2013 to May 2015, 253 prescriptions were issued by co-defendant Coburn without any legitimate medical purpose.
A total of 10 defendants have been convicted and sentenced in this case:
• Brandon Coburn-108 months
• Jennifer Courton-180 months
• Rodney Courton-57 months
• John Davis-32 months
• Samuel Nappo-30 months
• Tashaira Vazquez-24 months
• Terrance Williams-20 months
• Johanna Sanchez Rodriquez-18 months
• Luis Diaz-24 monthsThe sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division.
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Bronx Man Sentenced in Manhattan Federal Court to 70 Months in Prison for Building Improvised Explosive DeviceRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CHRISTIAN TORO was sentenced today by United States District Judge Richard M. Berman to 70 months in prison for stockpiling explosive materials and manufacture of a destructive device. TORO previously pled guilty before Judge Berman. Tyler Toro, TORO’s co-defendant and brother, who also pled guilty, is scheduled to be sentenced on May 29, 2019.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Today’s sentence serves as a message that building and stockpiling destructive devices are grave offenses in and of themselves. Thanks to the outstanding work of the Joint Terrorism Task Force in eliminating this destructive threat in its nascent stages, Christian Toro and his brother were apprehended before they could carry out any attack with the device they were building. Christian Toro has nevertheless received a substantial sentence for seriously endangering the public (including minor children) and inspiring fear throughout his community with his conduct.”
According to the allegations in the Complaint, the Indictment, and statements made during court proceedings:
Between approximately October 2017 and February 2018, CHRISTIAN TORO and Tyler Toro conspired to build and possess a destructive device at their residence in the Bronx, New York (the “Residence”). CHRISTIAN TORO, a former teacher at a high school in Harlem, New York (the “School”), paid students from the School for their assistance in manufacturing the destructive device, giving them approximately $50 per hour in return for the students’ work dismantling fireworks and storing the explosive powder contained within those fireworks in containers. TORO encouraged one of those students to call in a bomb threat to the School in December 2017. TORO also had on his School laptop a copy of a book that provided instructions for, among other things, manufacturing explosive devices.
On February 15, 2018, law enforcement agents searched the Residence pursuant to a judicially authorized search warrant. In a bedroom shared by TORO and Tyler Toro, law enforcement agents recovered the components for building an improvised explosive device and other dangerous substances, including: (i) a glass jar containing low explosive powder; (ii) a strip of magnesium metal; (iii) approximately 20 pounds of iron oxide; (iv) approximately five pounds of aluminum powder; (v) a mixture of iron oxide and aluminum powder, the key ingredients for thermite (used in incendiary bombs); (vi) approximately five pounds of potassium nitrate; (vii) a cardboard box containing firecrackers; and (viii) metal spheres and C02 cartridges, which can be used as fragmentation for a bomb. On the Residence’s fire escape, agents also found a jar of improvised napalm, consisting of gasoline and Styrofoam.
Also in the Residence, law enforcement agents found a handwritten diary labeled with Tyler Toro’s name, which stated, among other things, “WE ARE TWIN TOROS STRIKE US NOW, WE WILL RETURN WITH NANO THERMITE” and “I AM HERE 100%, LIVING, BUYING WEAPONS. WHATEVER WE NEED.” Agents also recovered a page inside a notebook found in the Residence labeled “Operation Flash,” with a ledger appearing to delineate the hours worked and payment owed to one of the School’s students for that student’s work on the destructive device.
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In addition to his prison sentence, CHRISTIAN TORO, 28, was sentenced to three years of supervised release.
Mr. Berman praised the excellent work of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Elizabeth A. Hanft is in charge of the prosecution.
Boston Man Charged with Fentanyl TraffickingRead the Press Release
BOSTON – A Boston man was charged today in federal court in Boston in connection with trafficking fentanyl.
Anthony Smallwood, 28, was arrested and charged by criminal complaint with one count of distribution of, and possession with intent to distribute, more than 40 grams of fentanyl. Smallwood appeared in federal court in Boston today and was remanded to custody pending a detention and probable cause hearing.
According to court documents, between March and May 2019, Smallwood engaged in five separate drug sales of suspected fentanyl and crack cocaine to a witness cooperating with the government.
The charge of distribution of, and possession with intent to distribute 40 grams or more of fentanyl provides for a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Boston Police Commissioner William Gross made the announcement today. Valuable assistance was provided by members of the Organized Crime Drug Enforcement Task Force Strike Force. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Berkeley County man admits to fentanyl distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nicholas Wayne Deminds, of Martinsburg, West Virginia, has admitted to distributing fentanyl, United States Attorney Bill Powell announced.
Deminds, age 30, pled guilty to one count of “Possession with Intent to Distribute Fentanyl.” Deminds admitted to distributing more than 25 grams of fentanyl in December 2018 in Berkeley County.Deminds also agreed to forfeit a box of 20 rounds of ammunition and $4,523.00.
Deminds faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
Baltimore Man Convicted by Federal Jury on Drug ChargesRead the Press Release
Baltimore, Maryland – A federal jury convicted Delroy Williams, Jr. age 32, of Baltimore, Maryland, for a conspiracy to distribute five kilograms or more of cocaine, and for possession with intent to distribute cocaine and marijuana. The jury returned its verdict late on May 20, 2019. Williams fled and was a fugitive from justice prior to his original trial date in November 2018. Williams was arrested on January 11, 2019, and has been detained since that time.
The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Chief Terrence B. Sheridan of the Baltimore County Police Department; and Anne Arundel County Police Chief Tim Altomare.
According to the testimony presented at his five-day trial, from at least October 2016 through December 12, 2016, Williams distributed cocaine and marijuana in the Baltimore area. On the evening of December 12, 2016, Williams ran into an associate at a nightclub in Baltimore County. Believing that the associate owed him money, Williams assaulted, robbed, and shot at the individual before ramming the victim’s car and then fleeing the scene. Realizing that the associate knew where Williams lived, Williams took his drugs from his residence and took them to his girlfriend’s home in Glen Burnie, Maryland.
Law enforcement executed a search warrant at the Glen Burnie residence the next day and recovered almost five kilos of cocaine, several pounds of marijuana, and two guns from the house. Witnesses testified that several more pounds of marijuana, more than $213,000 in cash, scales, and pistol ammunition were recovered from Williams’s truck.
Williams now faces a mandatory minimum sentence of 10 years in prison and a maximum of life in prison. U.S. District Judge Ellen L. Hollander has scheduled sentencing for August 20, 209 at 11:00 a.m.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the DEA, the Baltimore County Police Department and the Anne Arundel County Police Department for their work in the investigation, and thanked the FBI, the ATF, and the U.S. Marshals Service for their assistance. Mr. Hur thanked Assistant U.S. Attorneys Zachary B. Stendig and John W. Sippel, Jr. who are prosecuting the case.
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Attorney General William P. Barr Joins President Donald J. Trump in Awarding the Medal of Valor to 14 Public Safety OfficersRead the Press Release
President Donald J. Trump and Attorney General William P. Barr today awarded the Public Safety Officer Medal of Valor to 14 recipients – two posthumously – who exhibited exceptional courage in saving and protecting others and whose heroic actions went above and beyond the call of duty. The Medal of Valor, authorized by the Public Safety Medal of Valor Act of 2001, is awarded by the President to public safety officers nominated by the directors of their employing agencies and recommended by the Medal of Valor Review Board. The Department of Justice’s Bureau of Justice Assistance oversees the Medal of Valor.
“The work that first responders do every day is heroic, and each one of them deserves our gratitude,” said Attorney General William P. Barr. “Even among these selfless public servants, some have distinguished themselves through exceptional acts of valor. Today, the men and women of the Department of Justice are proud to join with President Trump in honoring 14 first responders who did just that, including two who gave their lives in the line of duty. These brave Americans exemplify what serving as a first responder is all about: selflessness, poise, and sacrifice.”
Today’s recipients of the Medal of Valor include the following officers:
- Fallen Officer Sergeant Verdell Smith Sr., City of Memphis Police Department, Tennessee, for giving his own life to save the lives of civilians in the path of a driver speeding recklessly through a crowd
- Fallen Officer Brent Thompson, Dallas Area Rapid Transit Police Department, Texas, for giving his life while engaging a mass shooter at a protest march and saving the lives of countless civilians and fellow officers
- Lieutenant Xavier Torres, Retired; Sergeant Seth Chapman; Sergeant Terry Smith Jr., Retired; Sergeant Thomas Avila III; and Sergeant Rocky Wenrick; Corporal Andrew Rodriguez Jr., Retired; and Senior Officer Carlos Plascencia, Azusa Police Department, California; and Detective Manuel Campos, Irwindale Police Department, California, for placing themselves in mortal danger and saving the lives of civilians and fellow officers during a mass shooting incident on Election Day, 2016
- University Law Enforcement Officer Alan Horujko, Ohio State University Police Division, for risking his life to save the lives of several civilians from a driver who sped through a crowd and then emerged from his car to attack pedestrians with a knife
- Senior Trooper Nicholas Cederberg, Oregon State Police, for placing himself in the line of fire and suffering life-threatening injuries in order to bring a murderer to justice
- Fire Captain Dustin Moore and Firefighter Paramedic Andrew Freisner, Lenexa Fire Department, Kansas, for risking their lives to rescue a family from a burning apartment building
“These 14 recipients represent a proud tradition of service, one that has been ennobled by their valiant actions,” said Office of Justice Programs Principal Deputy Assistant Attorney General Matt M. Dummermuth, whose office oversees BJA. “We stand in awe of these extraordinary public servants and are inspired by their courageous example.”
“Public safety officers report to work each day knowing full well the risks inherent in the jobs they undertake, yet they do not shrink from their duty,” said BJA Director Jon Adler. “By standing tall in the face of danger, these brave men and women have done their communities an immeasurable service and they have done their profession tremendous credit.”
Including today’s awardees, a total of 139 medals have been presented since the first recipients were honored in 2003. More information about the award and today’s recipients, the Medal of Valor Review Board members and the nomination process can be found here: www.ojp.gov/medalofvalor.
Arkansas Man Sentenced for Attempted Armed Carjacking in the Stadium West GarageRead the Press Release
St. Louis, MO – Christopher White, 39, of Arkansas, was sentenced to 168 months in prison for attempted carjacking and brandishing a firearm during a federal crime of violence. He appeared in federal court today before U.S. District Judge Ronnie L. White.
According to court documents, on June 25, 2016, officers of the St. Louis Metropolitan Police Department responded to the Stadium West Garage located at 800 Clark Avenue for a robbery. Upon arrival, officers spoke with the victims. The victims advised that, after entering their vehicle, two men exited a Ford F-150 that was parked to the right of their vehicle. Christopher White approached the driver's side and pointed a small revolver at one of the victims, demanded his keys, and ordered him out of the vehicle and onto the ground. During his guilty plea, White admitted that he intended to cause death or serious bodily injury, if necessary, to steal the victim’s vehicle during the carjacking.
Co-defendant Michael Corey Williams, Jr. approached the other victim on the passenger side, demanded her purse, and ordered her to the ground. After White was unable to operate the vehicle, Williams re-entered the Ford F-150 and fled the scene. White fled on foot.
Officers eventually located the Ford F-150 unoccupied. It had been stolen earlier in West Memphis, Arkansas. Williams’ fingerprints were located on the driver's door of the Ford F-150, and Williams’ and White's DNA were located on various items found inside the truck. .
Williams, Jr. was sentenced to 123 months in prison earlier this month.
This case is being investigated by the Federal Bureau of Investigation with the assistance of the St. Louis Metropolitan Police Department. Assistant U.S. Attorney Sayler Fleming is handling the case for the U.S. Attorney’s Office.
Alleged Member of Car Theft Ring Who Sold Stolen Firearms Charged with Federal OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division, today announced that RAY QUAN SANTOS, 21, of Hartford, has been charged by federal criminal complaint with conspiracy and firearms offenses.
As alleged in the criminal complaint, this matter stems from an investigation of motor vehicle thefts and motor vehicle break-ins in and around Hartford County. The property stolen from vehicles includes firearms, ammunition and firearm-related items. The investigation revealed that Santos and others stole firearms and other items from vehicles, including vehicles that were parked outside of residences in Newington and Ellington, and then sold the firearms to other individuals.
Santos, who has been incarcerated in state custody on related charges, appeared today before U.S. Magistrate Robert A. Richardson in Hartford and remains detained.
The complaint charges Santos with conspiring to a commit a federal felony, an offense that carries a maximum term of imprisonment of five years, and possession of a stolen firearm, an offense that carries a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Connecticut State Police, and the Hartford, Newington and Windsor Police Departments. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Aliens Indicted for Unlawful Possession of Firearms and Failure to Comply with Terms of Supervised Release and Illegal Reentry and Alien in Possession of AmmunitionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned a Superseding Indictment charging ALI KHALESEH DEHGHAN, age 35, from Wake County, with two counts of alien in possession of a firearm and failure to comply with terms of supervised release. The grand jury also returned an indictment charging LUIS JAVIER GORTAREZ-JIMENEZ, age 24, of Mexico, with Illegal Reentry and Alien in Possession of Ammunition.
The Superseding Indictment alleges that DEHGHAN, failed to comply with terms of release under supervision, specifically by committing other criminal acts, including but not limited to his arrest in Wake County for Carrying a Concealed Firearm.
As alleged in the charging document, DEHGHAN, an alien illegally and unlawfully in the United States, did possess a firearm in February 2017, and again on February 2019, in and affecting commerce.
If convicted, DEHGHAN would face maximum penalties of twenty-one years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry and alien in possession of ammunition, GORTAREZ-JIMENEZ, previously deported and found in Wake County, would face maximum penalties of twelve years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement Removal Operations and Homeland Security Investigations.
26 Individuals Charged with Drug Trafficking in Puerto Rico Project Safe Neighborhoods Enforcement EffortRead the Press Release
SAN JUAN, Puerto Rico – On May 20, 2019, a federal grand jury in the District of Puerto Rico returned a seven-count indictment charging 26 defendants with conspiracy to distribute controlled substances and with firearms violations, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The Federal Bureau of Investigation and the Puerto Rico Police Department (PRPD), Caguas Strike Force, are in charge of the investigation with the collaboration of the Puerto Rico Police Bureau, Department of Public Safety. This case is part of the U.S. Department of Justice’s Project Safe Neighborhoods initiative.
The indictment alleges that beginning in or about the year 2013, the organization distributed crack, heroin, cocaine, marihuana, Oxycodone (commonly known as Percocet) and Alprazolam (commonly known as Xanax), all within 1,000 feet of the real properties comprising the Lorenzana Public Housing Project and Roosevelt Ward located in the Municipality of San Lorenzo, Puerto Rico, all for financial gain and profit.
The 26 defendants acted in different roles in order to further the goals of their organization, to wit: leaders, drug point owners, runners, enforcers, sellers, facilitators, and lookouts. Twelve defendants are facing one charge of using and carrying firearms during and in relation to drug trafficking.
As part of the conspiracy members of the drug trafficking organization used force, violence and intimidation in order to maintain control of the drug trafficking operations, armed conspirators provided security to the drug point, and lookouts conducted surveillance at strategic locations within the public housing project to attempt to detect the presence of law enforcement personnel and/or members of rival gangs.
The defendants indicted and arrested today are: Juan Rafael Pedro-Vidal, a.k.a. “Bebe/Fito/Jincho”; Juan Luis Pedro-Vidal, a.k.a. “Pucho/Gordo/Barba”; Kelvyn Iván Borges-Vázquez, a.k.a. “Keke”; Christian De Jesús-Figueroa, a.k.a. “Puto”; Alexander Sánchez-Sánchez, a.k.a. “Alex Fo/Gárgola”; José René Ríos-Fuentes; Henry Calderón-Marín, a.k.a. “Jincho/Jinchito”; Alexander Cruz-Guzmán, a.k.a. “Pito”; Nelson Torres-Delgado, a.k.a. “El Burro”; Luis Manuel Montñez-Ramos, a.k.a. “Wiso/Gordo”; Victor Manuel Moyett-Barbosa, a.k.a. “Victorino”; Radames Torres-Díaz; Miguel Ángel Rojas-Tamayo, a.k.a. “Mikey”; José Montañez-Ramos, a.k.a. “Chelo”; Samuel Enrique Rolón-Malavé, a.k.a. “Sammy”; José Martín Cruz-Guzmán, a.k.a. “Fresita”; Juan Carlos Pérez-Colón, a.k.a. “Budda”; Ángel Omar García-Córdova, a.k.a. “Kakito”; Rafael Enrique Marcano-Rodríguez; José Edgardo Cruz-Piñeiro, a.k.a. “Coco”; José Manuel Claudio-Figueroa, a.k.a. “Scorpion/Viejo”; Raúl Soto-Ramos, a.k.a. “Bobo”; William Rolón-Gómez, a.k.a. “Mascabi”; Emmanuel Neris-Rivera, a.k.a. “Chavito”; Ivelis Méndez-Gómez, a.k.a. “Ivy”; and Jostheline Figueroa, a.k.a. “Ñeca”.
“This indictment and the arrests this morning are a significant victory in our efforts to combat drug trafficking and violent crime,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We will continue to conduct investigations with our counterparts to dismantle these criminal organizations and to send a clear message that drugs, firearms, and violence will not be tolerated in our neighborhoods.”
“Today’s operation involved more than 400 law enforcement personnel, demonstrating that we and our partners will invest whatever resources are necessary when it comes to public safety. The operation succeeded thanks in large part to the efforts of the Puerto Rico Police Department, Strike Force Caguas, Puerto Rico Department of Corrections, San Juan Police Department, Hacienda, Bureau of Alcohol, Tobacco, and Firearms, and Homeland Security Investigations; and as always, could not have gone forward without the tremendous work of the United States Attorney’s Office in preparing this case for prosecution,” stated Douglas A. Leff, Special Agent in Charge of the FBI, San Juan Division.
Today’s arrests are part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Assistant U.S. Attorneys Jenifer Y. Hernández-Vega and Jonathan Gottfried are in charge of the prosecution of the case. If convicted the defendants face a minimum sentence of 10 years, and up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated in 2017, as part of the Department’s renewed focus on targeting each community’s most violent criminals. All U.S. Attorney’s Offices work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
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Tuesday 21 May 2019
York Man Sentenced to Two Years for Making Interstate Threat and Identity TheftRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Austin Santoro, 23, of York, Maine, was sentenced today in U.S. District Court by Judge D. Brock Hornby to two years in prison and three years of supervised release for transmitting a threatening interstate communication and identity theft. The defendant pleaded guilty on December 17, 2018.
According to court documents, in January of 2018, the defendant sent an email to employees of the Portsmouth, New Hampshire Police Department at their departmental email addresses threatening to sexually assault them at gunpoint. The defendant used an email “spoofing” service to make it appear that the email had been sent by the police chief.
On the same day, the defendant sent an email to employees of York County Community College at their work addresses threatening to sexually assault them at gunpoint. The defendant used the same spoofing service to make it appear that the email had been sent by a college employee.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Wood County Man Pleads Guilty to Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A Wood County man who possessed firearms after being involuntarily committed to a mental hospital pled guilty to a federal gun charge, announced United States Attorney Mike Stuart. Benjamin Lee Parsons, 31, of Mineral Wells, entered a guilty plea to illegal possession of a firearm. Stuart commended the investigative efforts of the Wood County Sheriff’s Department, the Parkersburg Narcotics and Violent Crimes Task Force (PNTF), the Federal Bureau of Investigation (FBI), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“Excellent work by law enforcement,” said United States Attorney Mike Stuart. “These guns were definitely in the wrong hands.”
On October 31, 2018, investigators executed a federal search warrant on a wooded property in Mineral Wells where Parsons had been living in a tent. The search warrant was the culmination of an investigation of Parsons related to his acquisition of a high-capacity semiautomatic FNH model M249S 5.56 caliber assault rifle. The rifle is the semiautomatic civilian version of the Squad Assault Weapon (SAW) used by the United States military. Federal and local police learned that Parsons had obtained the weapon from another individual who told investigators that he had purchased it for Parsons from a licensed firearms dealer in Marietta, Ohio. When investigators executed the search warrant, they recovered the FNH assault rifle and a Molot 5.45x39mm rifle from a locked case Parsons kept at his campsite on the property. The FNH was loaded with approximately 190 rounds of belted ammunition in a drum magazine. Investigators also located and seized 12 magazines for the Molot loaded with 164 rounds of ammunition, 32 additional unloaded magazines, and approximately 640 rounds of 9mm and other rifle ammunition.
Parsons was prohibited from possessing the firearms and ammunition as a result of having been involuntarily committed to a mental hospital in February 2017 by Wood County Circuit Judge Jason Wharton. Parsons faces up to 10 years in federal prison when he is sentenced on August 27, 2019.
Assistant United States Attorney Joshua C. Hanks is handling the prosecution. Senior United States District David A. Faber 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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Wholesaler Charged in Conspiracy to Manufacture and Sell Counterfeit Clothing and Other Goods to US Military and GovernmentRead the Press Release
PROVIDENCE – A criminal information filed today in U.S. District Court in Providence, R.I., in an ongoing investigation, charges a Brooklyn, N.Y., clothing and goods wholesaler with conspiracy to commit wire fraud and trafficking in counterfeit goods in connection with the alleged sale of more than twenty million dollars worth of Chinese-made counterfeit goods to the United States military and other government purchasers, as well as to other companies that supply the U.S. Government.
It is alleged in the information that Ramin Kohanbash, 49, working with other members of the conspiracy, provided samples of actual military uniforms and gear to manufacturers in China to replicate. It is also alleged that Kohanbash and his co-conspirators provided, reviewed, and approved photographs, descriptions, and samples of tags and labels to be attached to the knockoff products, so that the counterfeit versions appeared legitimate. In many instances, this process allegedly involved copying the trademarks and brand names of actual U.S.-made products and adding them to the foreign counterfeit versions.
After being manufactured in China, it is alleged that the counterfeit goods were shipped to Kohanbash and sold to other wholesalers who ultimately marketed and sold them to military and government buyers off as genuine, American-made products.
Under two U.S. laws known as The Berry Amendment and the Trade Agreements Act (“TAA”), goods sold to the military and certain other government buyers are required to be manufactured in the United States and certain other designated countries; China is not one of those countries. In order to sell the counterfeit goods, it is alleged that Kohanbash provided wholesalers who did business with the government with false certification letters claiming that the goods were made in the U.S., and therefore complied with Berry Amendment. In other instances, it is alleged that Kohanbash falsely represented that the goods met TAA requirements.
The information alleges that, among other items Kohanbash and his co-conspirators arranged to counterfeit, were military parkas used by U.S. Air Force personnel stationed in Afghanistan. These parkas are made with a fabric known as Multicam®, which incorporates specialized near-infrared (“NIR”) management technology designed to make the wearer more difficult to detect with equipment such as night-vision goggles. According to the information, two hundred of these counterfeit Multicam® parkas, lacking the critical NIR management technology, were sold to a U.S. Air Force Base Supply Center. Other items carried labels that allegedly made explicit, and false, representations about the product’s safety. In one case, labels on counterfeit hoods intended for military and law enforcement personnel stated that the items were “permanently flame resistant,” and that they met a specific industry standard for flame-resistant attire. In reality, the counterfeit hoods were not flame resistant.
The filing of an information in U.S. District Court in Providence, R.I., in this matter is announced by United States Attorney for the District of Rhode Island Aaron L. Weisman; Special Agent-in-Charge Leigh-Alistair Barzey, Defense Criminal Investigative Service, Northeast Field Office; Special Agent in Charge Luis A. Hernandez, General Services Administration Office of Inspector General, New England Regional Investigations Office; Resident Agent in Charge Michael D. Conner, Boston Fraud Resident Agency, US Army Criminal Investigation Command; Jason T. Hein, Special Agent in Charge, Air Force Office of Special Investigations, Office of Procurement Fraud Investigation, Detachment; and Homeland Security Investigations Newark, NJ, Special Agent in Charge Brian A. Michael.
Kohanbash is scheduled to appear before United States Magistrate Judge Patricia A. Sullivan on June 12, 2019, for an initial appearance on the charges contained in the information. An information is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Conspiracy to commit wire fraud is punishable by statutory penalties of up to 5 years in federal prison, 3 years supervised release, and a fine of up to $250,000; Trafficking in counterfeit goods is punishable by statutory penalties of up to 10 years in federal prison, 3 years supervised release, and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and Zachary A. Cunha.
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West Virginia Physician Pleads Guilty to Drug ChargeRead the Press Release
A Morgantown, West Virginia, physician pleaded guilty to obtaining controlled substances by fraudulently writing prescriptions using colleagues’ Drug Enforcement Administration (DEA) numbers and presenting stolen driver’s licenses to pick up fraudulently prescribed controlled substances from Morgantown area pharmacies for his personal use, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Bill Powell of the Northern District of West Virginia.
Chad Poage, D.O., 35, pleaded guilty to one count of acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge before U.S. Magistrate Judge Michael John Aloi of the Northern District of West Virginia.
Poage was an orthopedic surgeon who worked in a practice with locations in Morgantown and Fairmont, West Virginia. As part of his guilty plea, he admitted that, from November 2015 to March 2018, he wrote 30 fraudulent prescriptions for a total of approximately 1,330 50-milligram tablets of Tramadol, 420 5-milligram tablets of Diazepam, and 50 30-milligram tablets of acetaminophen-codeine no. 3, all for his own use. Poage further admitted that on each of the 30 prescriptions, he either wrote colleagues’ DEA registration numbers without their authorization or wrote the prescription out to a patient knowing that he would pick up the prescribed medication for his own use. Poage admitted that on multiple occasions, he presented stolen driver’s licenses when picking up fraudulent prescriptions from pharmacies.
The DEA, the U.S. Department of Health and Human Services Office of Inspector General and West Virginia State Police investigated the case, which was brought as part of the Appalachian Regional Prescription Opioid (ARPO) Strike Force, under supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Northern District of West Virginia. Trial Attorney Patrick Mott of the Fraud Section and Assistant U.S. Attorney Sarah Wagner of the Northern District of West Virginia are prosecuting the case.
The ARPO Strike Force is made up of prosecutors and data analysts with the Health Care Fraud Unit of the Criminal Division’s Fraud Section, prosecutors with the U.S. Attorney’s Offices in the region and special agents with the FBI, HHS-OIG and DEA. Since its inception in October 2018, the ARPO Strike Force has charged 60 defendants in 11 districts. The Health Care Fraud Unit, in general, maintains 14 strike forces operating in 23 districts, and 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.
Washington, PA Felon Sentenced to 7 Years in Prison for Possessing a Loaded, Stolen Pistol and AmmunitionRead the Press Release
PITTSBURGH – AWashington County resident was sentenced today in federal court to seven years' (84 months’) imprisonment followed by three years’ supervised release on his conviction for violating the federal firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on James Roosevelt Leach, 47, of Washington, Pennsylvania, for the crime of possession of a firearm and ammunition by a convicted felon.
According to information presented to the Court, on December 14, 2016, the Pennsylvania State Police performed a traffic stop on a vehicle near the City of Washington, Washington County (Pennsylvania) at which time troopers found Leach in possession of a loaded, stolen 9mm caliber Ruger pistol, and a box of 9mm ammunition. Federal law prohibits Leach, a felon previously convicted in the Court of Common Pleas of Washington County, Pennsylvania, of crimes including rape, robbery, and aggravated assault, from possessing a firearm or ammunition.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
This case was brought as 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.
United States Attorney Brady commended the Pennsylvania State Police, the Washington County District Attorney’s Office, and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the investigation leading to the successful prosecution of this case.
Violent Pimp Sentenced to 23 Years in Prison for Sex TraffickingRead the Press Release
A Seattle area man with a prior history of promoting prostitution was sentenced today in U.S. District Court in Seattle to 276 months in prison and 15 years of supervised release for five federal felonies, including sex trafficking of a minor through force, fraud, and coercion, announced U.S. Attorney Brian T. Moran. AUBREY TAYLOR, 32, also known as “Uno,” was convicted March 6, 2019, following an eight-day jury trial. During the trial, multiple victims testified about how TAYLOR used threats, violence, sexual assault, and manipulation to control them and force them to engage in commercial sex acts in cities in Washington, Idaho, and Nevada and then give him the money they earned. At the sentencing hearing, U.S. District Judge Robert S. Lasnik said that Taylor “is intelligent and can be charming, and this, combined with [his] use of violence and threats gave [him] effective control over vulnerable people. But today is the judgment day.”
“This sentence should send a strong message that those who use physical and emotional coercion to force and manipulate victims into sexual slavery will be held accountable for their crimes,” said U.S. Attorney Moran. “This defendant put these victims in danger every day he used them – all to satisfy his own greed.”
According to records filed in the case and testimony at trial, TAYLOR took one seventeen-year-old young victim to Wenatchee in October 2014 and sexually assaulted her and forced her into prostitution. Three other victims testified that TAYLOR controlled them with mental and physical abuse or promises of love and a better life. The women were transported as far away as Las Vegas to engage in commercial sex acts. TAYLOR controlled one victim by rationing doses of heroin and using her addiction to keep her working as a prostitute. TAYLOR directed other victims to get tattoos of his name and nicknames as a form of branding and to demonstrate his control over them.
TAYLOR violently assaulted the women he controlled on multiple occasions. When law enforcement or medical professionals tried to get the victims to cooperate with law enforcement, they expressed their fear of TAYLOR. Text messages seized in the case reveal TAYLOR’s attempts to recruit numerous additional women and his use of threats and violence.
“This case demonstrates the great work that can be accomplished when agencies work together,” said Special Agent in Charge Raymond Duda of the FBI’s Seattle Field Office. “The task force model and partnerships across the state resulted in the incarceration of a violent predator. Taking this subject off the street significantly contributes to keeping the community safe.”
“Human trafficking is a serious violent crime that destroys lives and damages communities. We are deeply proud of the survivors who came forward and testified bravely in this case and we are equally proud of Kent Police Department’s investigators who worked tirelessly to put an end to this cycle of exploitation and abuse. It is our responsibility to hold traffickers accountable, and we will continue the fight to end this form of modern-day slavery,” said Kent Police Commander Andy Grove.
The case was investigated by the FBI, the City of Kent Police Department, and the Snohomish County Sheriff’s Office—working together on the North Sound Child Exploitation Task Force. The task force relied on strong partnerships with and valuable contributions by the City of Auburn Police Department, the Bellingham Police Department, and the Wenatchee Police Department.
The case was prosecuted by Assistant United States Attorneys Kate Crisham and Rebecca Cohen.
Un hombre de California acusado formalmente de delitos de odio federales relacionados con el tiroteo en una Sinagoga en Poway y el incendio provocado en una mezquita en EscondidoRead the Press Release
Un gran jurado federal en el Tribunal Federal para el Distrito Sur de California acusó a un hombre de California de delitos de odio federales y otros delitos relacionados con armas de fuego, entre ellos el asesinato de una persona y el intento de asesinato de otras 53 más, por sus acciones durante el tiroteo del 27 de abril en la Sinagoga de Chabad de Poway en California y por el incendio provocado del 24 de marzo en la Mezquita Dar-ul-Arqam en Escondido. El Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband, el Fiscal Federal para el Distrito Sur de California, Robert S. Brewer, Jr, y la Agente Especial Encargada en funciones del FBI en San Diego, Suzanne Turner, emitieron el anuncio.
John T. Earnest, 19, de Rancho Peñasquitos, California, fue acusado en la acusación formal de 113 cargos pronunciada hoy. La denuncia presentada el 7 de mayo acusó a Earnest de 54 cargos de obstrucción al libre ejercicio de creencias religiosas con el uso de un arma peligrosa, lo que resultó en la muerte, lesiones corporales e intentos de asesinato; 54 cargos de vulneración de la ley de Prevención de Delitos de Odio de Matthew Shepard y James Byrd Jr. y un cargo de daño a una propiedad religiosa por el uso de fuego en relación al intento de provocar un incendio en la mezquita. La acusación formal añade cuatro cargos por el disparo de un arma de fuego durante el transcurso de esos delitos de violencia.
Según la declaración jurada en apoyo de la denuncia penal, el 27 de abril Earnest condujo a la Sinagoga Chabad en Poway, donde miembros de la congregación se habían reunido para celebrar un culto religioso en honor al Shabat y el último día de la Pascua judía. Earnest entró en el edificio armado con un rifle de asalto AR-15 completamente cargado con un cargador de 10 cartuchos. Él llevaba puesto una funda en el pecho que contenía cinco cargadores adicionales, cada uno de ellos cargados con 10 cartuchos de municiones. La declaración jurada alega que estando dentro de la Sinagoga de Poway, Earnest abrió fuego y asesinó a una persona y lesionó a otros tres miembros de la congregación, entre ellos un menor de edad. Durante una pausa cuando Earnest intentó sin éxito recargar su rifle, varios miembros de la congregación, incluyendo un Agente de la Patrulla Fronteriza fuera de servicio, persiguieron a Earnest mientras este huía de la sinagoga. Earnest huyó de la escena en su carro, pero fue posteriormente capturado por las autoridades policiales, quienes descubrieron el AR-15 y cargadores adicionales de munición en el vehículo.
Más aún, la declaración jurada alega que, tras el tiroteo, los investigadores policiales hallaron un manifiesto en línea con el nombre de Earnest. Una copia del manifiesto se encontró posteriormente en el portátil de Earnest durante la ejecución de una orden de registro. En el manifiesto, Earnest hizo muchas declaraciones antisemíticas y antimusulmanes. En concreto, Earnest se refirió a los «judíos» como raza y manifestó que lo único que lamenta es no haber matado a más personas.
Según la declaración jurada, Earnest también confesó en el manifiesto el incendio provocado de una mezquita en Escondido en marzo del 2019. La declaración jurada alega que el 24 de marzo, siete individuos se encontraban dentro de la mezquita cuando olieron gasolina y vieron llamas saliendo de la grieta de una de las puertas de la mezquita. Los individuos apagaron el incendio, pero solo después de que el incendio hubiera dañado el exterior de la mezquita. La declaración jurada alega además que el vídeo de vigilancia muestra a un sospechoso llegando a la mezquita en el mismo tipo de vehículo que Earnest empleó para realizar el ataque en la sinagoga. El acusado supuestamente alegó en su manifiesto que se había inspirado por el tiroteo en la sinagoga Tree of Life en Pittsburgh, Pensilvania, y los tiroteos recientes en dos mezquitas en Nueva Zelanda.
Los Fiscales Federales Auxiliares Shane Harrigan, Peter Ko, John Parmley y Caroline Han, juntos con la Abogada de Litigios Rose Gibson, de la División de Derechos Civiles, están enjuiciando este caso en nombre del Gobierno. El FBI, la Oficina del Sheriff de San Diego, la Agencia de Control de Bebidas Alcohólicas, Tabaco, Armas de Fuego y Explosivos (ATF, por sus siglas en inglés), la Policía de San Diego y la Policía de Encondido llevaron a cabo la investigación.
Earnest se enfrenta a la máxima pena posible de muerte o cadena perpetua. Actualmente se encuentra bajo custodia estatal a la espera de cargos penales estatales. Una acusación formal es meramente eso, una acusación, y al acusado se lo considera inocente mientras no se pruebe su culpabilidad ante un tribunal de justicia.
Para más información sobre el trabajo del Departamento de Justicia por combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: es un único portal con enlaces a recursos del Departamento de Justicia relacionados con delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo y otras organizaciones y personas.
Anexo(s):
Download earnest_indictment_.pdf
U.S. Postal Service Employee Sentenced for Embezzling Postal Money OrdersRead the Press Release
BOSTON – A U.S. Postal Service (USPS) employee has been sentenced in federal court in Boston with embezzling over $18,000.
Rashayna Seney, 26, of Randolph, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to time served (one day) and three years of supervised release with the special condition that during the first year she serve 74 days of intermittent confinement at a residential re-entry center. Judge Woodlock also ordered Seney to pay restitution totaling $18,150. The sentencing hearing took place on Thursday, May 16, but the final sentence was formally imposed today. In December 2018, Seney pleaded guilty to one count of embezzlement and theft of public money, property or records.
Seney began working for USPS around 2016, most recently as a Sales & Service Distribution Associate at the Waban Post Office. In this role, Seney had the ability to issue foreign and domestic postal money orders. Seney engaged in a scheme in which she issued money orders to friends and then voided the transactions so that her friends could deposit the orders without ever paying for them. Additionally, Seney used counterfeit bills in exchange for some money orders that her associates then cashed. Seney’s scheme cost the USPS over $18,000.
United States Attorney Andrew E. Lelling; Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office; Joseph W. Cronin, Postal Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office and made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit prosecuted the case.
Two Parents in College Admission Case Plead GuiltyRead the Press Release
BOSTON – Two parents charged in the college admissions case pleaded guilty today in federal court in Boston.
Agustin Huneeus, 53, of San Francisco, Calif., and Gordon Caplan, 53, of Greenwich, Conn., pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 4 and Oct. 3, 2019, respectively.
At today’s hearing, Caplan pleaded guilty to conspiring to pay Rick Singer $75,000 to participate in the college entrance exam scheme for his daughter. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines sentencing range, one year of supervised release, a fine of $40,000, restitution and forfeiture.
Huneeus pleaded guilty to conspiring to pay Singer $300,000 to participate in both the college entrance exam and recruitment schemes for his daughter. According to the terms of the plea agreement, the government will recommend a sentence of 15 months in prison, one year of supervised release, a fine of $55,000, restitution and forfeiture.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Indicted in Connection with Multimillion-Dollar Marijuana EnterpriseRead the Press Release
BOSTON – Two women were indicted by a federal grand jury in Worcester in connection with their management of Northern Herb, a marijuana delivery service that operated in Massachusetts from 2015 to 2018.
Deana Martin, 51, of Milton, was charged with one count of conspiring to distribute more than 100 kilograms of marijuana, one count of possessing more than 100 kilograms of marijuana, and three counts of money laundering. Martin was arrested last month on a criminal complaint.
Tatiana Fridkes, a/k/a Sonya, 32, of Dorchester, was charged with one count of conspiring to distribute more than 100 kilograms of marijuana. Fridkes was arrested today and will appear in federal court in Boston today at 1:00 pm.
According to the charging documents, Martin owned and managed Northern Herb, which operated a website offering marijuana (including raw marijuana, pre-rolled cigarettes, and marijuana edibles) for sale. While Northern Herb purported to provide medical marijuana, it did not require a customer to provide proof of a medical marijuana card. Furthermore, it is alleged that Northern Herb would deliver marijuana to unattended locations (such as a front door or hallway) where unknown third parties might have access to it. Northern Herb used locations in Canton, Milton, Foxborough, and Hyde Park to store and distribute marijuana, and employed at least 25 workers.
From May 2016 through July 2018, Northern Herb allegedly had total revenue exceeding $14 million, and Martin herself claimed an income of $80,000 per month. Martin controlled numerous bank accounts into which funds derived from Northern Herb sales were laundered, and she used several accounts in another person’s name to conceal her control over this money and to hide it from the U.S. Bankruptcy Court. Martin allegedly used money from Northern Herb sales to pay more than $300,000 towards the mortgage on her house and to buy a 2017 Porsche Boxster, among other things.
It is further alleged that Northern Herb did not withhold or pay taxes on its millions of dollars in marijuana sales. In an email referencing cannabis taxes charged by one state government, Martin wrote: “Zero taxes is still better.” Northern Herb did not remit or pay employment taxes in connection with its workforce or issue its employees W-2s or 1099s.
The drug charges each provide for a mandatory minimum sentence of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. The money laundering charges each provide for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of twice the amount of money laundered. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The United States Postal Inspection Service also provided valuable assistance with this investigation. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division is prosecuting the case.
The details contained in the indictment and complaint are allegations. Each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Topeka Man Pleads Guilty to Cyberstalking, Child PornographyRead the Press Release
TOPEKA, KAN. – A Topeka man pleaded guilty Tuesday to cyberstalking and distributing child pornography, U.S. Attorney Stephen McAllister said.
Blake Adam Austin, 35, Topeka, Kan., pleaded guilty to one count of cyberstalking, one count of possessing child pornography and one count of distributing child pornography.
The investigation began when a middle school teacher in Topeka reported receiving emails from males who wanted to meet her. The males were responding to a Craigslist ad in which someone used the victim’s identity to post sexual content. The problem continued for years until an investigator identified an account Austin was using to post sexual content along with the victim’s contact information.
The victim recognized Austin as someone she had worked with at a coffee shop. He had attempted to initiate a relationship but she had not been interested.
Investigators learned Austin used images of an adult porn star and the victim’s contact information to post ads. He also used images of the victim and her contact information to place half a dozen ads on Craigslist.
On Austin’s laptop, investigators found images of him having sex with a 17-year-old girl. Investigators also learned that Austin uploaded sexually explicit photos of a girl under 15 years old on Skype.
Sentencing is set for Aug. 20. He faces a penalty of up to five years in federal prison on the cyberstalking charge, up to 10 years on the possession charge and not less than five years on the distribution charge. McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Third Individual Charged in Insider Trading Case Linked to Former NFL Player and Investment Bank AnalystRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that an indictment was unsealed today against Mark Wayne Ramsey, 29, of San Francisco, California, charging him with conspiracy to commit securities fraud and four counts of securities fraud.
According to the indictment, Ramsey conspired with Damilare Sonoiki and Marvin Mychal Kendricks, both of whom have already pleaded guilty to similar charges. The indictment alleges that Sonoiki (then an analyst at a global investment bank in New York) provided material, non-public information to Kendricks (then a linebacker for the Philadelphia Eagles) and to Ramsey, who was Kendricks’ roommate. The information that Sonoiki provided was about upcoming mergers involving four investment bank clients. Sonoiki obtained this information in violation of his duty of confidentiality that he owed to the investment bank.
The indictment alleges that Kendricks gave Ramsey access to his brokerage account. Relying on the material, non-public information they received from Sonoiki, Kendricks and Ramsey purchased call options between July 2014 and November 2014 in the target companies: Compuware Corporation, Move, Inc., Sapient Corporation, and Oplink Communications LLC. When the proposed merger was announced in each case, the value of the options went up significantly. During the period of the conspiracy, Kendricks made a profit of nearly $1.2 million. The indictment alleges that Kendricks provided, among other things, $15,000 to Ramsey for his participation in the scheme.
“When individuals engage in insider trading – buying and selling securities based on material, non-public information – it undermines faith in our financial markets and harms ordinary investors who play by the rules,” said U.S. Attorney McSwain. “As alleged, Mr. Ramsey cheated the market, cheated other investors, and placed himself above the law. My Office will continue to work with our law enforcement partners to maintain the integrity of the financial markets, which is one of our top priorities.”
“Those engaged in insider trading fundamentally undermine the trust necessary for our nation's financial markets to function,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “The FBI is committed to ensuring that those markets are a level playing field, not just profiting those with friends in the know.”
If convicted, Ramsey faces a maximum possible sentence of 85 years’ imprisonment, a three year period of supervised release, a $20,250,000 fine, and a $500 special assessment. Forfeiture of all proceeds from the offenses also may be ordered.
The case was investigated by Federal Bureau of Investigation and the Securities and Exchange Commission, and is being prosecuted by Assistant United States Attorney David J. Ignall.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
South Bend Man Convicted Following 2-Day Jury TrialRead the Press Release
SOUTH BEND – Nehemiah Felders, age 29, of South Bend, Indiana was convicted on a single count of being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
U.S. District Court Judge Robert L. Miller, Jr, presided over this two-day jury trial.
According to evidence presented at trial, on November 2, 2017, Felders possessed a firearm after being convicted of a felony offense. Felders was present in a house when officers from the Indiana State Police executed a search warrant for drugs. A firearm was found near Felders and he confessed to the officers that the firearm belonged to him. He stipulated that he had previously been convicted of a felony.
Mr. Felders’s sentencing is set for August 26, 2019.
The case was investigated by the ATF and the Indiana State Police. The case was prosecuted by Assistant United States Attorney Frank Schaffer.
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Round Rock Man Sentenced to Life in Federal Prison for Kidnapping Two Sisters in December 2017 and Federal Sex Offenses Involving a MinorRead the Press Release
In Austin today, U.S. District Judge Lee Yeakel sentenced 45-year-old Terry Allen Miles to life in federal prison for kidnapping two minors and taking them to Colorado, announced United States Attorney John F. Bash, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Round Rock Police Chief Allen Banks.
“Today justice was delivered to Terry Miles for his despicable crimes against children. Unfortunately this is only one particularly high-profile example of the sort of abuse happening in every community across our country. It won’t stop until policymakers at all levels prioritize child safety,” said U.S. Attorney Bash.
On February 12, 2019, jurors found Miles guilty on two counts of kidnapping, one count of transporting a minor with intent to engage in sex with her, and one count of interstate travel with intent to engage in sex with a minor. Evidence presented during trial revealed on December 30, 2017, Round Rock (TX) Police (RRPD) officers conducted a welfare check at the residence of Tonya Ellen Bates because she had not shown up for work that day as expected. The officers subsequently discovered Bates’s body inside the residence. Bates was the only individual at the residence at the time of the welfare check and Bates’s 2017 Hyundai Accent was missing. Further investigation revealed that Miles, who had lived with Bates and her two young daughters, may have kidnapped the daughters, whose whereabouts were unknown.
Bates’ death was ruled a homicide by blunt force trauma. Testimony at trial indicated that Miles likely killed Bates by bludgeoning her on the head with a heavy flashlight. DNA evidence indicated that Bates’ blood was found on one of Miles’ sneakers.
RRPD officers obtained cell phone information on the children’s two phones. One of the phones was located in a heavily wooded area adjacent to a Wal-Mart store located in Round Rock. Surveillance video from the Wal-Mart showed what appeared to be Miles purchasing numerous camping-related items and then leaving the store in a vehicle appearing to match Bates’s vehicle. The vehicle and a cell phone belonging to one of the minors were subsequently traced heading to Colorado. Evidence from security cameras and phone records showed the route Miles took from Round Rock to southern Colorado.
On January 3, 2018, deputies with the Las Animas County Sheriff’s Office arrested Miles during a traffic stop near La Veta, Colorado. The two minors, ages 7 and 14, were found with Miles in the vehicle he took from Round Rock.
Testimony elicited during trial also revealed that Miles repeatedly engaged in sexual relations with the 14-year-old girl over a five-month period prior to being arrested. DNA evidence indicated that Miles was the source of semen found in the 14 year old’s underwear that she was wearing at the time she was found. Miles was also shown to be the source of semen found on a towel at the remote campsite where they hid out after arriving in Colorado.
“Today, a violent criminal has been sentenced and is off the streets, thanks to the extraordinary efforts of the agents, task force officers and analysts on the FBI Austin Child Exploitation Task Force, working with our law enforcement partners here in Texas and in other states as well,” said FBI Special Agent in Charge Christopher Combs. “Thankfully, in this case, the two child victims were recovered and are safe now. We are committed to preventing violent crimes against children and to bring those who harm them to justice.”
“Round Rock is a safer place with Terry Miles scheduled to serve a well-deserved, lengthy prison sentence. While it won’t reverse the harm done to these girls, it will allow them to continue the healing process without fear. This would not have been possible without the collaboration of the U.S Attorney’s Office, the FBI, the Round Rock Police Department, and other Local, State and Federal law enforcement agencies,” stated Round Rock Police Chief Banks.
The FBI and the Round Rock Police Department conducted this investigation. The U.S. Marshals Service – Lone Star Fugitive Task Force, Texas Rangers; Central Texas Violent Crimes Task Force; Williamson County (TX) District Attorney’s Office; United States Attorney’s Office – District of Colorado; New Mexico State Police Department; Las Animas County (CO) Sheriff’s Office; Southern Colorado Safe Streets Task Force; Colorado State Patrol; Trinidad (CO) Police Department; Colorado Bureau of Investigations; Huerfano County (CO) Sheriff’s Office; Archuletta County (CO) Sheriff’s Office; Pagosa Springs (CO) Police Department; Rio Grande County (CO) Sheriff’s Office; Federal Bureau of Investigation in Colorado; Durango (CO) Police Department; La Plata County (CO) Sheriff’s Office; Child Protective Services in Texas and Colorado; and, the National Center for Missing and Exploited Children assisted in this investigation. Assistant U.S. Attorneys Matthew Devlin and Michelle Fernald prosecuted this case on behalf of the Government.
Reno County Man Pleads to Gun ChargeRead the Press Release
WICHITA, KAN. – A Reno County man who led troopers on a 100-mph chase pleaded guilty Monday to a federal firearm charge, U.S. Attorney Stephen McAllister said.
Codey Elsasser, 26, Arlington, Kan., pleaded guilty to possessing a short-barreled rifle that was not registered as required by federal law. Elsasser was driving 88 mph in a 65 mph zone when a Kansas Highway Patrol trooper tried to stop him. Elsasser fled, reaching a speed of 100 mph as he drove from Barton County to Rice County before stopping.
In the car, troopers found a .223 caliber rifle with a barrel length of 10 and 5/8 inches, a 9 mm pistol, a 12 gauge shotgun, a bulletproof vest and parts of a homemade silencer. Elsasser was a convicted felon and was prohibited from having firearms. He admitted he smoked methamphetamine the morning of the arrest.
Sentencing is set for July 29. The parties have agreed to recommend a sentence in a range of 63 to 78 months in federal prison.
McAllister commended the Kansas Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney David Lind for their work on the case.
Prison Inmate Sentenced to 30 Months for Contraband PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that McCurtain County resident Nickey Lynn Anderson, age 36, was sentenced to 30 months’ imprisonment and one year of supervised release for two counts of Possessing Contraband In Prison. The charges arose from an investigation by the U.S. Marshals Service.
The Indictment alleges that on or about October 16, 2018, the Defendant, an inmate of a prison, knowingly possessed a cell phone and shank, both prohibited objects, in violation of Title 18, United States Code, Section 1791(a)(2) et al. The shank was a long piece of metal sharpened to a fine point on one end, with cloth wrapped around the opposite end to form a handle.
Anderson had been in federal custody at the time of the offense as a result of an indictment alleging that he had been in possession of a firearm and ammunition after having received felony convictions. Anderson was sentenced to 66 months’ imprisonment for that offense in November of 2018. His 30 month term will run consecutively to the previous sentence.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Ryan Heatherman represented the United States.
Prison Consultant Pleads Guilty to Participating in Conspiracy to Defraud Federal Bureau of PrisonsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CONSTANCE MOERLAND, 33, of Hudsonville, Michigan, pleaded guilty today in New Haven federal court to conspiring to defraud the Federal Bureau of Prisons (“BOP”). The offense stems her role in a scheme to qualify prospective and current federal inmates who do not require substance abuse treatment for admission into a Federal Bureau of Prisons program that, if completed successfully, will result in a shortened prison term.
According to court documents and statements made in court, the Residential Drug Abuse Program (“RDAP”) is a 500-hour substance abuse treatment program that is administered by the BOP. In order to gain admission to the RDAP, a federal inmate must meet certain criteria, including having a diagnosable and verifiable drug or alcohol abuse disorder. By successfully completing the RDAP, an inmate can qualify for up to 12 months in early release from custody.
Moerland was employed by Michigan-based RDAP Law Consultants, LLC, where she solicited and engaged prospective clients of the company. In that capacity, Moerland regularly contacted federal defendants and inmates with offers to assist, for a fee, those defendants and inmates in applying and qualifying for admission to the RDAP. Although Moerland knew that many of the company’s clients did not abuse alcohol or drugs and were ineligible for the RDAP, she coached them how to feign or exaggerate a drug or alcohol disorder, and to make false statements to the BOP so they could gain admission to the RDAP.
Moerland was arrested on January 23, 2019.
Moerland is scheduled to be sentenced by U.S. Judge Jeffrey A. Meyer on August 21, 2019, at which time Moerland faces a maximum term of imprisonment of five years. She is released pending sentencing.
This investigation is being conducted by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Trial Attorney Avi Perry of the Department of Justice’s Fraud Section, who has been designated as a Special Assistant U.S. Attorney for this matter, and by Assistant U.S. Attorney Jonathan N. Francis of the District of Connecticut.
U.S. Attorney Durham thanked Assistant U.S. Attorney Meredith George Thomas of the U.S. Attorney’s Office for the Southern District of West Virginia, and Assistant U.S. Attorney Raymond E. Beckering III of the U.S. Attorney’s Office for the Western District of Michigan, for their assistance in this matter.
Previously Convicted Felon Pleads Guilty to Possessing FirearmRead the Press Release
DAYTON – Jermichael Malcolm, 46, of Dayton, pleaded guilty in U.S. District Court to possessing a firearm after being convicted of a felony.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Montgomery County Sheriff Rob Streck announced the plea entered into before U.S. District Judge Walter H. Rice.
According to court documents, when agents executed a search warrant at Malcom’s home in March 2018, they discovered a firearm and a large capacity ammunition magazine.
Malcom had previously been convicted in Greene County Court of Common Pleas of aggravated trafficking and Montgomery County Court of Common Pleas of aggravated robbery involving a deadly weapon. Malcom had also been previously convicted federally in the Southern District of Ohio, of conspiracy to possess with intent to distribute more than five kilograms of cocaine.
Malcom pleaded guilty to one count of possessing a firearm as a previously convicted felon, which is a crime punishable by up to 10 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI, ATF and Montgomery County Sheriff’s Office, as well as Assistant United States Attorney Andrew J. Hunt, who is representing the United States in this case.
This case is being prosecuted as part of Project Safe Neighborhoods. 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.
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Podiatrist Sentenced to Prison for Medicare Fraud SchemeRead the Press Release
TUCSON, Ariz. – On May 17, 2019, Loren Wessel, 55, a resident of Tucson, was sentenced by United States District Judge James A. Soto for his role in a Medicare fraud scheme. Wessel had previously pleaded guilty to Health Care Fraud.
From 2008 through June 2016, Wessel, a licensed podiatrist, engaged in a scheme to defraud Medicare out of hundreds of thousands of dollars. In his plea agreement, Wessel admitted he submitted false claims to Medicare. As part of his practice, Wessel regularly provided routine podiatry care for patients at assisted living facilities in and around Tucson, but fraudulently billed Medicare for more complex and significantly more expensive services that he had not performed. To further his scheme and conceal the fraud, Wessel also falsely documented patients’ medical records with alleged ailments they did not have and with care Wessel did not provide.
In addition to serving a 24-month term of imprisonment, the Court ordered Wessel to pay $965,985 in restitution to the Centers for Medicare and Medicaid Services.
The investigation in this case was conducted by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. The prosecution was handled by the U.S. Attorney’s Office in Tucson.
CASE NUMBER: CR-17-00978-TUC-JAS (LCK)
RELEASE NUMBER: 2019-065_Wessel
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Patient Convicted of Assaulting VA Medical Center Police OfficerRead the Press Release
PROVIDENCE – A patient of the Veterans Affairs (VA) Medical Center in Providence was convicted by a federal court jury on Monday of assaulting a VA Medical Center police officer.
Don J. Civitarese, 58, of, North Attleboro, MA, was arrested by VA Medical Center police on March 2, 2018, after assaulting one officer and falling on another during an altercation at the VA Medical Center’s Primary Care Clinic. The jury convicted Civitarese of assaulting and resisting a federal officer.
Civitarese’s conviction is announced by United States Attorney Aaron L. Weisman and Providence Veterans Affairs Medical Center Police Chief John M. Thibodeau.
According to the government’s evidence presented at trial, Civitarese became extremely angry and verbally abusive, yelling obscenities at the medical center staff, after being told that medication he was requesting would not be dispensed until the completion of protocols for the dispensing of medication. Civitarese continued his loud, obscene ranting in a patient waiting area with other patients present as a doctor attempted to explain the reason for the delay.
A VA Medical Center police officer responded to the clinic and heard the defendant angrily yelling obscenities. Civitarese was stopped by the officer as he stormed out of the clinic into the hallway. While attempting to calm Civitarese, the officer requested that Civitarese show an ID. Civitarese refused and continued to be verbally abusive and disruptive. The officer then announced to Civitarese that he was under arrest for disorderly conduct and directed him to place his hands behind his back. Civitarese ignored the officer’s commands.
After ignoring further commands to get on the ground and to place his hands behind his back, Civitarese then struck the officer in the chest, partially sending the officer back through the exit doors. After ignoring additional warnings, the officer pulled his “pepper spray” canister and commanded the defendant, “Stop resisting and get on the ground or I will spray OC!” Civitarese continued to ignore the officer who discharged a burst of pepper spray across Civitarese’s nose and eyes. A second officer placed Civitarese in an “arm lock” as Civitarese continue to fight to remain on his feet. Civitarese was finally brought down with repeated baton strikes to the thigh and calf areas. When he fell, Civitarese landed on top of the second officer. Two additional officers who responded to the incident were able to gain control of Civitarese’s arm and place handcuffs on the defendant.
Civitarese is scheduled to be sentenced on August 8, 2019, by U.S. District Court Chief Judge William E. Smith, who presided over the one-day trial.
Assaulting and resisting a federal officer is punishable by statutory penalties of up to 8 years in federal prison, 3 years supervised release, and a fine of up to $250,000.
The case is bieng prosecuted by Assistant U.S. Attorney Zechariah Chafee.
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Orange County Drug Dealer Sentenced to 28 Years in Federal PrisonRead the Press Release
GREENSBORO, N.C. - A Cedar Grove resident was sentenced on May 21, 2019, in federal court in Greensboro, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
The Honorable William L. Osteen, Jr., sentenced Roderick Lamar SANFORD, 38, of Cedar Grove, North Carolina, to a 276 month term of imprisonment on charges of conspiracy to distribute heroin and a consecutive sentence of 60 months for possession of a firearm in furtherance of a drug related crime. In addition to a total of 336 months imprisonment, SANFORD was ordered to serve five years of supervised release after completing his sentence. SANFORD pleaded guilty in August 2018.
In March 2015, SANFORD was identified by the Orange County Sheriff’s Office as a distributor of heroin. After years of investigation, the evidence showed that SANFORD distributed personal-use quantities of drugs, in addition to supplying multiple mid-level drug traffickers. On March 2, 2018, a search warrant was executed at SANFORD’s residence which resulted in the seizure of four firearms, 42.61 grams of a mixture and substance containing a detectable amount of Fentanyl, drug paraphernalia, pills, cellular telephones, ammunition, Marihuana, and various documents. At sentencing, the Court described SANFORD’s behavior as “predatory” and held SANFORD responsible for distributing more than 8 kilograms of heroin over the period of the investigation, as well as other illicit drugs, and for using firearms to further his illegal drug trafficking activities.
“The defendant managed his drug organization by exploiting those closest to him through violence and by fueling their drug addictions. He used their drug dependence and acts of violence to force them deeper into his drug organization and even provided heroin to a girlfriend who was pregnant with his child,” said U.S. Attorney Martin. “The 28-year sentence imposed today reflects the severity of the defendant’s conduct and the generational harm that it caused. I commend the Drug Enforcement Administration and the Orange County Sheriff’s Office for their diligence in getting Sanford his due so that the community can begin healing.”
“The Roderick Sanford heroin distribution organization was the first major case initiated by my Office under the Coordinated Opioid Overdose Response Effort, and we are very satisfied with the sentence imposed,” said Orange County Sheriff Charles S. Blackwood. “We will continue to identify, prioritize, and target the most significant violators within this community. My office is committed to partnering with other local, state and federal law enforcement agencies to make our community safer.”
The case was investigated by the Orange County Sheriff’s Department and the Drug Enforcement Administration.
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Niagara Falls Man Indicted on Multiple Charges, Including Making and Possessing an Explosive DeviceRead 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 grand jury has returned a 12-count indictment charging Jeffrey Richards, 28, of Niagara Falls, NY, with narcotics conspiracy; possession with intent to distribute acetyl fentanyl, fentanyl, cocaine, marijuana, and alprazolam; maintaining a drug involved-premises; manufacturing controlled substances creating a substantial risk of harm to human life; unlawfully making and possessing a destructive device; possession of firearms in furtherance of drug trafficking; and, possession of a stolen firearm. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and fine of $5,000,000.
Assistant U.S. Attorneys Timothy C. Lynch and Brendan T. Cullinane, who are handling the case, stated that on December 14, 2018, law enforcement officers executed a search warrant at the defendant’s residence on Packard Court in Niagara Falls. At that time, officers recovered, among other items, amounts of acetyl fentanyl, fentanyl, cocaine, marijuana, alprazolam, approximately ten firearms, various rounds of ammunition, drug trafficking paraphernalia, and an improvised destructive device. Officers also recovered various items used in the manufacturing of destructive devices.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is currently detained pending further proceedings.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Niagara County Sheriff's Department, under the direction of Sheriff James Voutour.
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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New York Man Sentenced to over 14 Years on Heroin and Crack Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Andre Fields a/k/a “Coop,” a/k/a “Pops,” a/k/a “Boss,” a/k/a “Unc,”, 56, of Bronx, New York, was sentenced yesterday in U.S. District Court by Judge John A. Woodcock, Jr. to 170 months in prison and five years of supervised release for conspiracy to distribute more than a kilogram of heroin and more than 280 grams of cocaine base, commonly known as “crack.” The defendant pled guilty on October 29, 2018.
According to court records, between January 2015 and December 2017, Fields conspired with others to distribute more than a kilogram of heroin and more than 280 grams of crack in Central Maine. Fields obtained the drugs from out-of-state sources. The defendant and others brought the drugs back to Maine where he and others, working at his direction, repackaged and distributed them from Central Maine residences and hotel rooms to area drug dealers and addicts for further distribution and use.
The case was investigated by the U.S. Drug Enforcement Administration, with assistance provided by the Maine Drug Enforcement Agency, the Kennebec County Sheriff’s Office, and the Augusta and Waterville Police Departments. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New Top 15 Most Wanted in Macon Area AnnouncedRead the Press Release
MACON – The new list of the 15 Most Wanted fugitives in the Macon area was released today, announced United States Attorney Charles “Charlie” E. Peeler. U.S. Attorney Peeler joined law enforcement leadership from across the Middle District of Georgia in support of the region’s collective efforts to make communities safer and deter crime. Macon Regional Crimestoppers, a community-run organization dedicated to increasing the safety of citizens, first announced on Tuesday, February 26, 2019 a new quarterly initiative offering a $1,000 reward for the Top 15 Most Wanted within an eight-county area. The second quarter Top 15 Most Wanted lists defendants wanted on charges including Child Molestation, Aggravated Assault and Voluntary Manslaughter. U.S. Attorney Peeler joined Bibb County Sheriff David Davis, Monroe County Sheriff Brad Freeman, U.S. Marshall John Carey Bittick, and Bibb County District Attorney David Cooke to urge the community to spread the word and help capture these dangerous individuals.
“Thanks to our citizens’ willingness to step up, our dedicated law enforcement partners were able to capture 14 out of the 15 Most Wanted from last quarter, and I know we can have that kind of success again,” said Charles “Charlie” E. Peeler, U.S. Attorney for the Middle District of Georgia. “I want to thank Crimestoppers for the important work they are doing to curb criminal activity in Middle Georgia, and the men and women who are putting their lives on the line to apprehend these dangerous individuals.”
“The success of our Top 15 initiative has been astounding. We have located 14 of the 15, and will find number 15. This partnership, with the U.S. Attorney’s Office and other law enforcement, has noticeably reduced the violence in our community,” said Warren Selby, Jr., Chairman of Macon Regional Crimestoppers.
“The first Most Wanted initiative was a huge success and it showed that when local, state and federal law enforcement agencies partner together with the community, we can make Middle Georgia a safe place to live, work and enjoy our families. I am confident the second edition of the Most Wanted will also have a positive impact on our community,” said John Cary Bittick, U.S. Marshal, Middle District of Georgia.
“The Bibb County Sheriff’s Office is committed to keeping dangerous criminals off our streets. The Crimestoppers 15 Most Wanted initiative has been a great help towards that goal. We look forward to the continued success of this innovative program which gives citizens the opportunity to become involved in our efforts to put violent criminals behind bars,” said David Davis, Bibb County Sheriff.
“Criminals who think they can terrorize our community with violence should take this as a wake-up call. You can’t run forever with all these agencies hot on your trail. And when we catch you, we’re bringing justice with us,” said David Cooke, Macon Judicial Circuit District Attorney.
This quarter’s Top 15 Most Wanted can be viewed at the Macon Regional Crimestoppers website at www.crimestop.us. All of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. Macon Regional Crimestoppers is a local non-profit serving the Bibb, Baldwin, Houston, Jones, Twiggs, Crawford, Monroe, and Peach regional areas. The organization partners with law enforcement agencies and community groups to provide anonymous rewards for tips that lead to criminal arrests. Citizens can safely and anonymously report tips at 1-877-68CRIME.
The U.S. Attorney’s Office partnership with Macon Regional Crimestoppers is a part of Project Safe Neighborhoods (PSN), 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.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Navajo Nation Man Pleads Guilty to Voluntary Manslaughter in Stabbing Death of Uncle, Faces 110 Months in Federal PrisonRead the Press Release
SALT LAKE CITY – Sentencing is scheduled for Aug. 12, 2019, for Kenric Lee, age 41, an enrolled member of the Navajo Nation, who pleaded guilty in U.S. District Court Thursday to voluntary manslaughter.
In a plea agreement reached with federal prosecutors, Lee admitted that on June 7, 2018, he killed his uncle during an argument in a vehicle. His uncle, also an enrolled member of the Navajo Nation, is identified as J.L. in court documents. Lee admitted that he went with J.L. and J.L.’s girlfriend, C.H., to a convenience store in Montezuma Creek, Utah. While C.H. was in the store, a quarrel erupted between Lee and J.L., while they were sitting in the vehicle.
According to prosecutors, when C.H. returned to the car she saw Lee on top of the victim. She also noticed Lee was holding a black knife. Lee said he needed to take J.L. to a hospital. Although there was a medical clinic next door to the store, Lee locked the doors of the vehicle and drove away with J.L. in the car.
Later that morning, the FBI and Navajo Nation police officers received information about a burning vehicle. Agents and officers responded to the location and found a burning Ford Expedition. Lee was found about 30 yards from the vehicle with two knives in his possession. Lee was taken into custody after initially resisting arrest. As a part of his plea agreement, Lee admitted that as a result of his actions, his uncle received two stab wounds to his chest which resulted in his death.
Later that evening, J.L.’s body was located later in a grove of bushes a few miles away from the incinerated vehicle.
A federal grand jury returned a single-count indictment in August 2018 charging Lee with murder in the second degree in connection with J.L.’s death. Lee pleaded guilty last week to a Felony Information count of Voluntary Manslaughter while in Indian Country.The plea includes a stipulated sentence of 110 months in federal prison, which is subject to the approval and acceptance of U.S. District Judge David Nuffer at the sentencing hearing in August.
Assistant U.S. Attorneys in Utah are prosecuting the case. Special Agents of the FBI and Navajo Nation Police Officers and Criminal Investigators are investigating the case.
Munhall Felon Sentenced to 7 Years in Prison for Possessing Heroin and Fentanyl Analogue, a Stolen Gun, and over $25,000 in CashRead the Press Release
PITTSBURGH, Pa – A former resident of Munhall, PA was sentenced to seven years (84 months) in prison and six years of supervised release on violations federal firearms and narcotics laws, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Donetta W. Ambrose imposed the sentence on Charles Payne, age 26, for one count of possession of firearms by a convicted felon, one count of possession with intent to distribute heroin, and one count of possession of a firearm in furtherance of a drug trafficking crime. Payne has been detained since his initial appearance in federal court.
According to information presented to the court, on November 10, 2017, Allegheny County Police assisted by Munhall Police Department executed a search warrant at a residence on Martha Street in Munhall, PA. Payne was discovered in the upstairs bedroom with his girlfriend and infant child. In the first floor of the house, investigators found a large garbage bag filled with bricks of heroin, empty brick wrappers, a Pennsylvania state ID for Charles Payne, and approximately $25,000 in cash. Investigators also found two digital scales, three boxes of ammunition, a laser sight, and a loaded stolen silver handgun in the house. Payne had previously been convicted of a state drug trafficking conviction and is prohibited from possessing any firearms. At the time of the execution of the search warrant, Payne was on state probation for firearms and drug trafficking convictions. A laboratory test revealed that the substances seized during the search warrant were heroin and methoxyacetyl fentanyl, a fentanyl analogue.
This case was brought as part of Project Safe Neighborhoods (PSN), 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.
Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.
Allegheny County Police – Narcotics Unit conducted the investigation leading to the guilty plea in this case.