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Friday 17 May 2019
St. Francis Man Indicted for Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Abraham Joseph Crane, a/k/a Abraham Joseph Pretty Voice, a/k/a Sam Crane, age 64, was indicted on May 14, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 1, 2018, and November 16, 2018, in Todd County, South Dakota, Crane knowingly engaged in, and attempted to engage in, a sexual act with a child under the age of 12.
The charge is merely an accusation and Crane is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Crane was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Springfield Federal Firearms Licensee Pleads Guilty to Falsifying RecordsRead the Press Release
DAYTON – James A. Mayhugh, Jr., 61, of Springfield, Ohio, pleaded guilty in U.S. District Court to crimes related to falsifying firearms sales records for more than 200 firearm sales. Mayhugh lied in his records concerning the identity of the purchaser and then actually sold the firearms to unknown individuals on the black market.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced the plea entered into before U.S. District Judge Walter H. Rice.
Mayhugh owned and operated Jim’s Sports in Springfield. According to court documents, ATF Industry Operation Investigators (IOI) noticed unusual trends in Mayhugh’s sales records. Identical firearm sales to an identical group of individuals had been recorded between 2008 and 2018. Also, while federal law required the purported purchaser to personally complete and sign forms before acquiring a firearm, each document instead bore Mayhugh’s handwriting.
While further reviewing Mayhugh’s records, ATF IOIs discovered one customer had died in 2014, even though Mayhugh’s records reflected gun purchases as recently as early 2018. Other customers had actually purchased from Mayhugh on one occasion 15 to 20 years ago, but records showed repeated buys in recent years.
Subsequent to a court-authorized search, agents discovered documents reflecting more than 200 firearm sales to fictitious customers.
Mayhugh pleaded guilty to willfully violating federal requirements to provide the name, age and address of firearms purchasers. This crime is punishable by up to five years in prison.
Mayhugh also agreed to surrender his federal firearms license and no longer operates a business.
U.S. Attorney Glassman commended the investigation of this case by ATF and Assistant United States Attorney Brent G. Tabacchi, who is representing the United States in this case.
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Six Akron men sentenced to federal prison for their roles in a conspiracy to bring more than 200 pounds of methamphetamine from California and sell it in the Akron areaRead the Press Release
Six Akron men were sentenced to federal prison for their roles in a conspiracy to bring more than 200 pounds of methamphetamine from California and sell it in the Akron area.
Ugunda Sanders, 46, was convicted following trial and was sentenced more than 15 years in prison.
Rashaad M. Thomas, 41, was sentenced to more than 14 years in prison. Michael E. Davis, 49; was sentenced to more than 10 years in prison. James E. Sanders, 52, was sentenced to 10 years in prison; Christopher J. Proctor, 51, was sentenced to more than three years in prison and Reuben Simmons, 32, was sentenced to less than three years in prison.
All five previously pleaded guilty to their crimes related to methamphetamine distribution. Members of the conspiracy traveled between Cleveland and Los Angeles to obtain large amounts of methamphetamine, which they distributed in the Akron area, according to court documents.
“Methamphetamine is a growing threat in Northern Ohio,” U.S. Attorney Justin Herdman said. “We are now seeing meth that is cheaper and more pure than versions of the drug seen in the past. We will continue to work with our law enforcement partners to stem the flow of this dangerous narcotic into our community and prosecute those who profit from it.”
The investigation was conducted by members of the Akron/Summit County HIDTA Initiative, which includes the Drug Enforcement Administration, Akron Police Department, Ohio State Highway Patrol, Summit County Sheriff’s Office, Summit County Drug Unit, Springfield Township Police Department, Copley Township Police Department, New Franklin Township Police Department, Stow Police Department, Barberton Police Department, Tallmadge Police Department, University of Akron Police Department, Reminderville Police Department, Silver Lake Police Department, Cuyahoga Falls Police Department, and Summit County Prosecutor’s Office.
The case was prosecuted by Assistant U.S. Attorney Payum Doroodian.
Sisseton Man Charged with Sexual Abuse and Obstruction of JusticeRead the Press Release
United States Attorney Ron Parsons announced that a Sisseton, South Dakota, man has been indicted by a federal grand jury for sexual abuse and obstruction of justice.
Brendon Javon Jacob Rodlund, age 29, was indicted on September 5, 2018. He appeared before U.S. Magistrate Judge William Gerdes on May 13, 2019, and pled not guilty to the Indictment.
According to the Indictment, between on or about the 30th day of April and 1st day of May, 2016, Rodlund knowingly engaged in a sexual act with the victim, while the victim was physically incapable of declining participation in and communicating her unwillingness to engage in the sexual act. Rodlund also gave false testimony regarding the incident in tribal court.
The maximum penalties upon conviction for each count are as follows: up to life imprisonment and/or a $250,000 fine; a mandatory minimum term of five (5) years, up to life, of supervised release; $100 special assessment for victim/witness fund; $5,000 assessment to the domestic trafficking fund; and restitution may be ordered.
The charges are merely accusations and Rodlund is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Rodlund was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Sioux Falls Woman Charged with Escape from CustodyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman has been indicted by a federal grand jury for escape from custody.
Diana Bald Eagle, age 44, was indicted on May 8, 2019. She appeared before U.S. Magistrate Judge Veronica Duffy on May 15, 2019, and pled not guilty to the Indictment.
According to the indictment, Bald Eagle was in the custody of the U.S. Marshal’s Service by virtue of a federal contract with the Yankton County Jail. Bald Eagle was granted a furlough and an extension, but failed to return to the Yankton County Jail on or about the 14th day of April 2019, therefore, Bald Eagle did unlawfully escape from such custody when she, without authorization, failed to be present at the Yankton County Jail, in Yankton, South Dakota, as ordered.
The maximum penalties upon conviction are as follows: 5 years imprisonment and/or a $250,000 fine; 3 years of supervised release; $100 special assessment for victim/witness fund; and restitution may be ordered.
The charges are merely accusations and Bald Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Bald Eagle was remanded to the custody of the U.S. Marshals Service. A trial date of July 23rd has been set.
Semiconductor Engineer Arrested on Charges that He Netted Large Profits in Illegal Insider Trades of His Employer’s StockRead the Press Release
SANTA ANA, California – A former engineer at Skyworks Solutions, Inc. surrendered to law enforcement today on a federal criminal complaint alleging he obtained his employer’s non-public financial results without authorization and then illegally used the confidential information to purchase large amounts of Skyworks securities prior to the information being made public.
Yuh-Yue Chen, 52, of Taiwan, formerly of Irvine, has been charged with one felony count of insider trading. Chen is scheduled to make his initial court appearance this afternoon in United States District Court in Santa Ana.
According to an affidavit filed with the criminal complaint, Chen worked as an electrical principal engineer from 2003 until his termination in September 2014 at Skyworks, a publicly traded, Woburn, Massachusetts-based semiconductor company with a branch office and design center in Irvine. As a Skyworks employee, Chen received regular warnings from the company against engaging in insider trading, and as an engineer he was barred from having access to the company’s non-public earnings reports before they were publicly released.
On July 14, 2014, Chen ignored these warnings and gained unauthorized access to the Skyworks finance area on four occasions, according to the affidavit. On July 15, using non-public Skyworks financial information, Chen allegedly purchased 1,300 Skyworks $48 call options – which gives a securities buyer the right to buy certain stock within a specified time frame – at an average price of $1.90. On July 17, Skyworks, which closed at a price of $46.34 per share, released its quarterly earnings report after markets closed. On July 18, Skyworks shares opened at $50.11 per share – a per-share gain of $3.77 – in response to the earnings announcement. On the same day, Chen sold his Skyworks calls for an average price of $3.36, resulting in profits of approximately $484,645, the affidavit states.
Shortly after 9 p.m. on September 15, 2014, two Skyworks employees – in the parking lot outside the company’s Irvine office – caught Chen rifling through documents in the restricted accounting and finance office, the complaint alleges. When one of the employees entered the building and asked Chen to stop, Chen allegedly ran out of the office through a side door and escaped, running through nearby bushes. Chen did not return to Skyworks after this encounter, the affidavit states.
Five days later, Chen flew from Los Angeles International Airport to Taipei, Taiwan without informing anyone at Skyworks, court documents state. Chen was fired on September 30, 2014 for his actions 15 days earlier and after Skyworks had conducted an investigation where Chen was deemed to have been evasive. When Chen returned his work laptop computer by mail to Skyworks, the computer did not have any files or documents on it, the affidavit states.
Law enforcement interviewed Chen at LAX on March 29, 2019, where he confessed to committing insider trading, the complaint states.
If convicted, Chen faces a statutory maximum sentence of 20 years in federal prison.
Chen also faces civil charges in a lawsuit filed last month by the Securities and Exchange Commission that alleges insider trading.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This matter was investigated by the Federal Bureau of Investigation.
The case is being prosecuted by Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office.
Schenectady Felon Sentenced to 120 Months for Illegally Possessing Handgun and AmmunitionRead the Press Release
ALBANY, NEW YORK – John Coffin, aka “Body,” age 49, of Schenectady, New York, was sentenced on Tuesday to 120 months in prison for illegally possessing a handgun and ammunition.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Coffin, who has multiple, prior felonies for drug and assault offenses, was convicted of possessing the handgun and ammunition after a 5-day jury trial in November 2018. The evidence at trial showed that Coffin provided a Walther P22 .22 caliber firearm, which he described as “the murderer’s gun,” and 9 rounds of ammunition, to another man in Schenectady. The jury acquitted Coffin on a second charge, of possessing a separate firearm, a 9mm Hi-Point rifle, in furtherance of a drug trafficking crime.
Senior United States District Judge Thomas J. McAvoy also sentenced Coffin to 5 years of supervised release, to begin following his term of imprisonment.
This prosecution resulted from an investigation by the FBI and its Capital District Safe Streets Task Force, which includes members of the FBI, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.
The case was prosecuted by Assistant United States Attorney Wayne A. Myers.
SENTENCESRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced RYDER STORM JENKINS, 19, of Riverton, Wyoming on May 3, 2019 for two counts of assaulting and resisting persons assisting federal law enforcement officers. Jenkins was arrested in Casper, Wyoming. He received twenty-three months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $2,353.89 and a $200.00 special assessment. The Natrona County Sheriff’s Office and US Marshals Service investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced TERRANCE FONDER, 46, of Benton Harbor, Michigan on May 9, 2019 for being a felon in possession of a firearm. Fonder was arrested in Spokane, Washington. He received twelve months and one day of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced LUIS FERNANDO MUNOS-RIVERA, 30, on May 14, 2019 for illegal re-entry of a previously deported alien into the United States. Munos-Rivera was arrested in Casper, Wyoming. He received time served plus ten days to allow for deportation proceedings and ordered to pay a $100.00 special assessment. The U.S. Department of Homeland Security Investigations investigated this case.
Rosebud Woman Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Child Abuse.
Victoria Smashed Ice, age 26, was indicted on May 14, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 3 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 1, 2019, Smashed Ice assaulted a child with shod feet, she repeatedly kicked the child while wearing cowboy boots with the intent to do bodily harm. The Indictment further alleges that Smashed Ice abused, exposed, tortured, tormented, and cruelly punished the child.
The charges are merely accusations and Smashed Ice is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Smashed Ice was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault of a Dating Partner by Strangulation.
Geordie Long, age 18, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 26, 2019, Long did unlawfully assault an intimate partner and dating partner, by strangulation and suffocation.
The charge is merely an accusation and Long is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Long was released pending trial. A trial date has not been set.
Remarks by United States Attorney William M. McSwain at the Anti-Terrorism Advisory Council Conference on BioterrorismRead the Press Release
PHILADELPHIA – Earlier this week, United States Attorney William M. McSwain was honored to deliver opening remarks at the Eastern District of Pennsylvania’s annual Anti-Terrorism Advisory Council (ATAC) Conference in Philadelphia. The conference drew attendees from a variety of fields, including medicine, public health, and law enforcement. U.S. Attorney McSwain was introduced by Ronald Stanko, Deputy Director, Pennsylvania Department of Homeland Security.
Remarks as Prepared for Delivery
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Thank you, Ron, for that introduction, and thank you all for traveling to Philadelphia to be here today. On behalf of my Office, we are honored to host today’s annual ATAC conference. The Eastern District’s Anti-Terrorism Advisory Committee was created in the aftermath of 9/11, when the U.S. Department of Justice directed each United States Attorney’s Office to form an Anti-Terrorism Advisory Council whose charge was clear: to promote information sharing between federal, state, and local authorities; to serve as a coordinating body for carrying out the anti-terrorism plan; and to provide an organizational structure for responding to any future terrorist incidents in that district.
And we gather here today to continue to carry out that mission.
I would like to thank those who made this conference possible. From my Office, thank you to Tom Perricone and Christine Sykes, Chief and Deputy Chief, respectively, of our National Security unit; Michele Mucellin, our Law Enforcement Coordinator; and Mickey Pease, our Intelligence Analyst.
From outside of the U.S. Attorney’s Office, thank you to Michael Harpster, Special Agent in Charge of the FBI’s Philadelphia Field Office and Kevin Bosch, Special Agent and Weapons of Mass Destruction Coordinator of the FBI’s Philadelphia Field Office; Nancy Baron Baer, Regional Director, and Jeremy Bannett, Associate Regional Director of the Anti-Defamation League; Stacy Irving, Senior Advisor for Homeland Security Planning Programs and Strategic Partnerships at the Delaware Valley Intelligence Center (or the DVIC); and last but certainly not least, everyone from the Pennsylvania Department of Homeland Security, especially Col. Marcus Brown, the Director, Ron Stanko, the Deputy Director, and Kristin Daniels, Outreach Coordinator, who have been a real driving force in organizing this conference. This day would not have been possible without all of your dedication and hard work. Please join me in giving the conference planners a big round of applause.
There is no question that we live in dangerous times. Safeguarding our national security is – and always must be – the number one priority of the U.S. Department of Justice and every United States Attorney’s Office in the country.
Our law enforcement and intelligence communities have no greater responsibility than the safety and security of the American people. Every citizen should both feel safe and be safe, whether at their place of work, traveling on an airplane, or gathering to worship. We are blessed to live in the strongest, freest and most resilient country in the history of the world, and we thrive because of our shared values of freedom and liberty. It is our solemn duty to protect those values and the American way of life by prevailing over our enemies. We can only succeed in confronting and combatting terrorism with the collaboration and partnership of every person in this room.
As we will hear today, some of the most urgent threats to our safety and security involve biothreats. Whether a natural outbreak, an accidental release, or a deliberate attack, biological threats can present grave health, economic, and national security impacts. Therefore, promoting our health security must be a national security imperative.
As biothreats continue to evolve in the 21st century, so must our biodefense capabilities. Conceptually speaking, biodefense entails a range of coordinated actions to counter biothreats, reduce risks – and prepare for, respond to, and recover from incidents. Today’s conference brings together thought-leaders in several key fields involved in this critical task. Today you will hear from experts in the fields of public health, epidemiology, medicine, and law enforcement. They all share the same goal: to manage the risks to human life posed by biothreats that could cause catastrophic harm. And, as you will see from the distinguished group of speakers gathered today, the knowledge and expertise drawn from each field plays a critical role in our continued health security.
First, we must understand the nature of the biothreats that presently exist. Several of our speakers will touch on that topic, but it will be explored in detail in two presentations: the morning presentation entitled “The Inevitable Threat of Bioterrorism and Pandemics,” by Dr. Ali Khan, Dean, College of Public Health at the University of Nebraska Medical Center; and in the afternoon presentation on Agroterrorism by Dr. Gary Smith, from the University of Pennsylvania’s School of Veterinary Medicine.
Second, we must identify best practices for mobilizing and coordinating federal, state, and local law enforcement’s response to a bioterrorism attack or disease outbreak. Several presentations will touch on that topic, but the panel discussion, “Elements of Emergency Response,” with Rhona Cooper, Clinical Coordinator from the Pennsylvania Department of Health; Kristin Faust, Countermeasures Coordinator from the Pennsylvania Department of Health, and John Wojtowicz, Senior Inspector, U.S. Marshals Service, will address that topic in depth.
Third, we must draw on past experiences so that we can develop a deeper understanding of how to respond to future health security crises from a public health point of view. We will hear from Samuel Shartar and Sharon Vanairsdale, senior administrators from Emory University Hospital, who will discuss the lessons learned from the hospital’s remarkable handling of its treatment of four patients suffering from the Ebola virus. Over the past year, Emory physicians, nurses, and scientists have worked with the Centers for Disease Control and other institutions to share lessons of preparedness, prevention, and treatment with groups (like ours) throughout the United States.
And finally, we will hear from several speakers that will bring the law enforcement perspective to bear on these threats, highlighting some of the investigatory tools we have to address bioterrorism and health safety preservation.
- Supervisory Special Agent Edward You of the FBI’s Weapons of Mass Destruction Directorate will discuss “Safeguarding the Bioeconomy”;
- FBI Special Agent Kevin Bosch, Weapons of Mass Destruction Coordinator, and Elizabeth Negron, of the Bureau of Epidemiology, Pennsylvania Department of Health, will discuss “Principles of Joint Criminal and Epidemiological Investigation of Biological Agents and Toxins”;
- FBI Special Agent Thomas Stewart, Weapons of Mass Destruction Coordinator, will review the investigation and prosecution of U.S. v. Betty Jean Miller, a case in which a 70-year old woman was charged with possession of ricin in her home.
- And finally, Paul Nardella, Assistant Area Port Director, Area Port of Philadelphia, and Douglas Wiegelt and Jennifer Torres, both from the Centers for Disease Control, will end the day with their presentation entitled “Enhancing Health Security at our US Borders and Beyond.”
While I’m on the topic of law enforcement, there is one group among us, in particular, that deserves special recognition today for working tirelessly to keep our communities safe. Actually, this group deserves our thanks every day, but especially today – as we are in the midst of National Police Week.
That group, of course, is our police officers. If you are a police officer in attendance today, please stand up. To you, I say this: You are our mightiest counterterrorism tool. You are the heroes – those among us who put your lives on the line, every day, to keep our communities safe. Thank you for your service.
In conclusion, the goal of this year’s ATAC conference is to improve our District’s readiness and response capabilities to combat biologic and pathogenic threats. The breadth of disciplines represented here today attests to the myriad ways our nation is fighting terrorism. The fact that there are over 300 medical professionals attending this conference today, alongside an almost equivalent number of law enforcement officers in the audience, confirms the need for these kinds of opportunities to share insight and information. I look forward to the exchange of ideas and opinions that today’s conference will bring.
Again, I want to thank everyone for being here today. May God bless you and the United States of America. Thank you.
Raleigh County Man Sentenced on Federal Drug and Gun ChargesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Raleigh County man was sentenced on federal drug and gun charges. Adam Pauley, 34, of Sophia, was sentenced to 84 months in prison for possession with intent to distribute methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime.
“Meth and guns,” said United States Attorney Mike Stuart. “An all too common occurrence. Meth-involved overdose deaths have increased dramatically in West Virginia. We’re working closely with law enforcement to put meth dealers behind bars.”
Pauley pled guilty on January 25, 2019, admitting that on June 13, 2018, near Sam Black Church in Greenbrier County, he possessed a quantity of methamphetamine which he intended to distribute, along with a .380 caliber pistol which he was carrying to protect the methamphetamine and himself. A West Virginia State Trooper stopped the vehicle which Pauley was driving and found the drugs and the firearm.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force and the West Virginia State Police. Assistant United States Attorney John File handled the prosecution. United States District Judge Irene C. Berge presided at the plea hearing.
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Project Safe Neighborhoods Prosecutions Continue across Western PennsylvaniaRead the Press Release
PITTSBURGH, PA – United States Attorney Scott W. Brady announced today that three individuals were sentenced and three individuals entered guilty pleas in federal court in Pittsburgh this week in cases being prosecuted as part of the District’s Project Safe Neighborhoods (PSN) initiative.
"The PSN program was reinvigorated in 2017, as part of the Justice Department’s renewed focus on targeting each community’s most violent criminals," said U.S. Attorney Brady. "PSN brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone."
The following cases are products of PSN’s collaborative effort.
On Monday, May 13, Kedron Kedren Broadus, 34, of Pittsburgh, pleaded guilty before Senior United States District Judge Arthur J. Schwab. On November 13, 2017, Broadus, who has a prior felony conviction for Possession with Intent to Distribute Cocaine Base, unlawfully possessed a .40 caliber Glock 23 handgun and ammunition. Broadus was a passenger in a vehicle stopped by Pittsburgh Bureau of Police officers for a traffic violation, and he fled from the scene of the stop. During his flight, Broadus dropped the firearm. The officers eventually caught Broadus, and he had a backpack that contained multiple rounds of ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
Judge Schwab scheduled sentencing for October 28, 2019 at 10 a.m. Also at that date and time, Judge Schwab will sentence Broadus because he violated the conditions of his supervised release by, among other ways, illegally possessing a firearm.
U.S. Attorney Brady prosecuted Broadus in 2005-2006 when Mr. Brady served as an Assistant U.S. Attorney. On February 16, 2006, Broadus received a sentence of 10 years in prison for trafficking crack cocaine. Despite the lengthy prison term, Broadus re-engaged in serious criminal activity after being released.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
Also on Monday, Darby Donta Tigney, 24, of Pittsburgh, pleaded guilty before Judge Schwab. On October 14, 2018, Tigney illegally possessed a 9mm Smith and Wesson handgun. Tigney had been convicted of the felony offense of Possession of a Firearm with an Altered Serial Number in the Court of Common Pleas of Allegheny County just three months earlier on July 30, 2018.
Judge Schwab scheduled sentencing for October 28, at 11 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Pittsburgh Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigations that led to the prosecution of Kedron Broadus and Darby Donta Tigney.
On Wednesday, May 15, 2019, Herbert Lee Pope, 28, formerly Aliquippa, Pennsylvania, was sentenced to four years (48 months) in prison, five years of supervised release, and restitution in the amount of $3,793.25, on his conviction for violating federal bank robbery and firearms laws. United States District Judge Cathy Bissoon imposed the sentence. On February 16, 2016, Pope and another male entered the Sewickley Savings Bank in Sewickley, PA, both utilizing black semi-automatic handguns, vaulted the teller counter, and robbed the bank. The loss to the bank was $3,543.25.
Assistant United States Attorneys Jeffrey R. Bengel and Shaun E. Sweeney prosecuted this case on behalf of the government. The Federal Bureau of Investigation, the Sewickley Police Department, the Allegheny County Police Department, and the Ambridge Police Department conducted the investigation.
Also on May 15, 2019, Zackory James Sadler, 34, with former addresses in Monessen and Washington Pennsylvania, was sentenced by Senior United States District Judge Donetta W. Ambrose to three years of additional supervision and six months of incarceration, consecutive o all other sentences for escaping his federal sentence.
Sadler was back in federal prison for previously escaping from federal custody. He was back at the Renewal Center halfway house in Pittsburgh on December 19, 2018 and was given permission to meet with his federal Probation Officer (PO). Sadler did not visit his PO and then failed to return to the Renewal Center. The United States Marshals Service Fugitive Unit began an investigation and the Renewal Center contacted Sadler’s friends and family. On December 21, 2019, Sadler finally returned to the Renewal Center. He was subsequently removed from the halfway house and sent back to prison.
Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government. AUSA Lenhardt informed the Court that the current case is the defendant’s 17th conviction in juvenile and adult court. In recent years, Sadler was convicted of multiple cases in adult court, including a prior 2008 Washington County escape for walking away from a halfway house. In 2009, the defendant was charged in federal court with being a felon in possession of a firearm and was ultimately sentenced to five years (60 months) of incarceration. On August 9, 2013, the defendant walked away from the federal halfway house. He was later charged with escape and sentenced in 2014. Thus, the current matter actually involves his conviction for escaping from his escape sentence.
The United States Marshals Service conducted the investigation that led to the prosecution of Sadler.
On May 16, 2019, Robert Tippett, 22, of Pittsburgh pleaded guilty before United States District Judge David S. Cercone. On May 4, 2018, Tippett possessed a loaded .357 caliber Smith & Wesson revolver. It is unlawful for Tippett, who has previously been convicted of a crime punishable by a term of imprisonment exceeding one year, to possess a firearm.
Judge Cercone scheduled sentencing for September 10, 2019. The law provides for a maximum total sentence of ten years in prison, a fine of $250,000 or both. Pending sentencing, the court ordered that Tippett remain in custody.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
On May 17, 2019, Jaimere Erick Dehonney, 22, of Pittsburgh, was sentenced to four years (48 months) in prison and three years’ supervised release. United States District Judge Reggie Walton imposed the sentence. On June 8, 2017, Dehonney conspired with others in the Western District of Pennsylvania to possess with intent to distribute and distribute heroin, a Schedule I controlled substance. The Court was further advised that, on or about June 8, 2017, Dehonney unlawfully possessed two firearms – a 5.56 caliber "AK-style" pistol and a .45 caliber Springfield XD pistol (and ammunition for the same) – while he was an unlawful user of a controlled substance. Federal law prohibits the possession of a firearm and ammunition by an unlawful user of a controlled substance.
Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pittsburgh Bureau of Police conducted the investigation.
Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant(s).
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.
Previously Convicted Felon from Ocala Pleads Guilty to Federal Gun/Ammunition ChargesRead the Press Release
Ocala, Florida – Winyontis Quavari Gordon (28, Ocala) pleaded guilty yesterday to an indictment charging him with possession of a firearm and ammunition affecting commerce by a convicted felon. Gordon faces a mandatory minimum sentence of 15 years, and up to life, imprisonment for the offense. A sentencing date has not yet been set.
According to court documents, on July 5, 2018, detectives from the Ocala Police Department attempted to arrest Gordon on an outstanding state warrant. Upon seeing the approaching detectives, Gordon exited the driver’s side of a parked car and fled on foot. Following a brief chase, the detectives took Gordon into custody and discovered a loaded .45 caliber handgun on the driver’s seat of the car, where Gordon had been sitting. During a subsequent interview with law enforcement, Gordon admitted that he had possessed the loaded firearm.
A records check confirmed that Gordon has prior state felony convictions for aggravated battery with a firearm, possession of a firearm by a convicted felon, domestic battery by strangulation, and felony battery. These felony convictions prohibit Gordon from lawfully possessing a firearm or ammunition under federal law. They will also qualify Gordon for an enhanced sentence as an Armed Career Criminal.
The Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives jointly investigated this case. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Pittsburgh Man Pleads Guilty to Possessing a Fentanyl AnalogueRead the Press Release
PITTSBURGH, Pa. - A former resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession with intent to distribute 10 grams or more of a fentanyl analogue, United States Attorney Scott W. Brady announced today.
William Lewis, 30, pleaded guilty to one count before Senior United States District Court Judge David S. Cercone.
In connection with the guilty plea, the court was advised that, on August 5, 2017, Pittsburgh Bureau of Police executed a search warrant on the defendant’s residence in the Oakland section of Pittsburgh. Inside of the home, police found a quantity of suspected heroin and "cut" which tested positive for 56 grams of cyclopropyl fentanyl. The search also revealed 225 stamp bags of packaged cyclopropyl fentanyl, stamped "Ferrari." Lewis also had 19 stamp bags that tested positive for straight fentanyl. Packaging paraphernalia was also found.
Judge Cercone scheduled sentencing for October 9, 2019. Judge Cercone ordered Lewis to remain detained pending sentencing. The law provides for a term of imprisonment of not less than 5 years to a maximum of 40 years. A fine not to exceed $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations, the United States Postal Inspection Service and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Lewis.
Pierre Man and Woman Indicted on Drug and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man and woman have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Andrew Bunch, age 29, and Nicole Hopkins, age 35, were indicted on May 14, 2019, for Conspiracy to Distribute a Controlled Substance. Bunch was also indicted for Possession of a Firearm by a Prohibited Person. They both appeared before U.S. Magistrate Judge Mark A. Moreno on May 16, 2019, and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictments allege that beginning at a time unknown, but no later than on or about the 1st day of March 2018, and continuing to on or about the 1st day of February 2019, in the District of South Dakota and elsewhere, Bunch and Hopkins, did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Bunch and Hopkins are presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, Pierre Police Department, Stanley County Sheriff’s office, and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Bunch was remanded to the custody of the U.S. Marshals Service and Hopkins was released on bond pending trial. A trial date has not been set.
Pennsylvania Man Sentenced under Project EJECT to over Four Years in Prison for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – John Howard Murray, 45, of Erie, Pennsylvania, was sentenced today by Chief U.S. District Judge Daniel P. Jordan III to 57 months in prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco Firearms and Explosives.
On Monday, September 25, 2017, Murray was arrested for burglarizing a residence in Clinton, Mississippi. A search of Murray’s vehicle revealed several items stolen from the residence including a firearm.
On December 3, 2018, Murray was indicted for being a felon in possession of a firearm. He had previous convictions for receiving stolen property and burglary in Pennsylvania, and burglary in Madison County, Mississippi. Murray pled guilty before Judge Jordan on February 15, 2019.
U.S. Attorney Hurst commended the work of the Clinton Police Department and the FBI for their cooperation with ATF agents and Project EJECT task force members. Assistant U.S. Attorneys Erin Chalk and Chet Kirkham are prosecuting the case.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Owners of Tucson Home Health Care Business Sentenced to Prison for Medicare Fraud SchemeRead the Press Release
TUCSON, Ariz. – On May 15, 2019, Stephen Allen Lamont, 61, and Elvia Lorena Lamont, 51, were sentenced by Senior United States District Judge Cindy K. Jorgenson for their involvement in a Medicare fraud scheme. Lamont previously pled guilty to Health Care Fraud and his wife, Elvia Lamont, previously pled guilty to Misprision of a Felony.
Lamont received a sentence of 30 months in prison, and Elvia Lamont was sentenced to 13 months in prison.
From 2012 to 2015, the Lamonts owned and operated Ascension In Home Medical Care NP’s Group, Inc., a home health care business that provided services to the elderly. In his plea agreement, Lamont admitted that he knowingly submitted false claims for services to Medicare. Lamont fraudulently billed for services that were provided by nurses, medical assistants and a phlebotomist as if they had been performed by a medical doctor or nurse practitioner. Lamont also fraudulently billed at the highest complexity level in order to further pad the billings. On some occasions, Lamont forged the signature of a medical doctor or other Medicare-approved provider before the claims were submitted for reimbursement. Elvia Lamont admitted that she knowingly shared in the proceeds from the Medicare fraud scheme and concealed the scheme from authorities.
In addition to imprisonment, the Court ordered both defendants to pay $1,054,839 in restitution to the Centers for Medicare and Medicaid Services.
The investigation in this case was conducted by the 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.
One Convicted and Two Sentenced as Part of U.S. Attorney’s Elder Justice InitiativeRead the Press Release
LEXINGTON, Ky. – John Jerome O’Hara, of Lexington, Paul Anthony Long, II, of Lexington, and Mitzi Shawn Sears, of Nancy, Kentucky all appeared in federal court today on charges related to elder financial exploitation.
O’Hara and Long both previously pleaded guilty to fraud charges related to the theft of funds from relatives. According to his plea agreement, O’Hara used his Power of Attorney over his mother’s finances to obtain money for his personal benefit, while at the same time failing to pay his mother’s living expenses at her nursing home. Court documents indicate that while O’Hara’s mother suffered from dementia, he took over $330,000 from her accounts for his personal benefit. Judge Danny C. Reeves sentenced O’Hara to 26 months in prison and was ordered to pay $332,149.95 in restitution. Upon release from prison, O’Hara will be on supervised release for five years.
According to Long’s plea agreement, he too abused his Power of Attorney, over his grandfather’s finances, to spend his grandfather’s money for his own benefit. Court documents indicate that Long’s grandfather suffered from severe Alzheimer’s Disease and was a resident of Thomson Hood Veterans Center in Wilmore, Kentucky. From 2011 until his grandfather’s death in 2015, Long took over $600,000 from his grandfather. Neither his grandfather nor the Power of Attorney authorized any of those expenditures. Judge Danny C. Reeves sentenced Long to 42 months in prison and Long was ordered to pay $608,395 in restitution. Upon release from prison, Long will be on supervised release for five years.
In London, Kentucky, Mitzi Shawn Sears pleaded guilty to financial institution fraud. According to her plea agreement, Sears convinced a victim identified as “M.N.” to buy property in Pulaski County with her, as an investment, and then to pay legal fees associated with a fictitious lawsuit concerning that real property. She impersonated real people, in emails and phone calls to M.N., in efforts to convince M.N. that the expenses associated with the property and the lawsuit were legitimate. Sears also admitted to forging 16 checks belonging to M.N., and cashing them or negotiating them for her own benefit. In total, Sears obtained $455,977.00 from various bank accounts belonging to M.N., for her personal benefit. Further, Sears admitted she lured M.N. into applying for a $40,000 business loan to cover expenses for the property, in order to obtain even more money.
Sears faces up to 30 years in prison, a fine of $1,000,000, and five years of supervised release for her offense. She has agreed to forfeit the property she purchased with the money taken from M.N. She is scheduled to be sentenced by Judge Robert E. Wier on September 9, 2019.
All three cases highlight efforts by the Department of Justice and federal and state investigative agencies to combat elder financial exploitation. “The Department, and our Office, work in partnership with other law enforcement agencies to hold accountable those individuals that victimize elderly citizens,” said United States Attorney Robert M. Duncan, Jr. “These prosecutions underscore our commitment to seeking justice on behalf of this vulnerable population.”
An example of cooperation among law enforcement agencies is is the Kentucky Elder Justice Task Force, which brings together the resources of federal, state, and local agencies involved in protecting the elderly. For more information on the Kentucky Elder Justice Task Force, including how to report abuses, please visit: https://www.justice.gov/usao-edky/elder-justice-task-force.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, announced the sentences and the conviction. Resident Agent in Charge, Jon Oldham, United States Secret Service, and Chief of Police Lawrence Weathers, Lexington Police Department, join in the announcement of the sentence of O’Hara. Special Agent in Charge James Robert Brown, Federal Bureau of Investigation, joins in the announcement of the sentence of Long. FBI Special Agent in Charge Brown and Commissioner Richard W. Sanders, Kentucky State Police, join in the announcement of the conviction of Sears.
Omaha Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Joe Kelly announced today that on May 16, 2019, United States District Court Judge Robert Rossiter, Jr. sentenced Luther Gilmore, age 57, of Omaha, Nebraska, for his conviction for felon in possession of a firearm. Gilmore, who went to trial and was found guilty, was sentenced to a jail term of 71 months and was placed on supervised release for three years.
Gilmore was arrested on April 9, 2017 after being found in possession of a .22 caliber handgun by the Omaha Police Department subsequent to a traffic stop near the intersection of North 42nd Street and Spaulding in Omaha. Gilmore was a front seat passenger and the firearm was found within reach in the front console next to his seat. Gilmore was prohibited from possessing a firearm as a result of several prior felony convictions including robberies, burglary, theft and possession of a controlled substance.
This case was investigated by the Omaha Police Department.
O.C. Man Who Committed 23 Armed Robberies of Gasoline Stations and Convenience Stores Sentenced to over 8 Years in Federal PrisonRead the Press Release
SANTA ANA, California – A Buena Park man was sentenced today to 100 months in federal prison for committing a series of armed robberies of gasoline stations and convenience stores in Los Angeles and Orange counties where he used a replica firearm to threaten and intimidate store clerks.
Gerardo Sotelo, 28, was sentenced by United States District Judge Josephine L. Staton, who also ordered him to pay $625 in restitution. Sotelo pleaded guilty in February 2019 to four counts of interference with commerce by robbery, and one count of attempted interference with commerce by robbery.
Sotelo’s conviction and sentence arose out of a series of robberies dating back to 2016 that targeted Shell and Chevron gas stations and 7-Eleven convenience stores. During the spree, Sotelo robbed businesses in Brea, Pico Rivera, Norwalk, La Habra, Artesia, Cerritos, Whittier, Cypress, Fullerton, and Fountain Valley.
Sotelo usually wore a hooded sweatshirt, zipped or cinched up to hide his neck during the robberies. He would select an item from the convenience store before approaching the counter, demanding money from the clerk, and brandishing what appeared to be a real semi-automatic pistol at the gas station clerk. Sotelo typically stole between $150 and $250 per robbery, and sometimes he returned to a store he previously robbed weeks before in order to rob it again.
On May 1, 2018, Sotelo was arrested moments after he robbed a Chevron gasoline station convenience store in Artesia, which he previously had robbed on April 18, 2018. Law enforcement found Sotelo in possession of the replica firearm used during the robberies and the $151 he had stolen from the Chevron gas station moments before. When authorities interviewed the clerk who was robbed at gunpoint, the victim said he recognized Sotelo as having robbed him previously at gunpoint on April 18, according to an affidavit filed with a criminal complaint against Sotelo.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Brea Police Department, with substantial assistance from the Fullerton Police Department.
This case was prosecuted by Assistant United States Attorney Scott D. Tenley of the Santa Ana Branch Office.
New Orleans Man Pleads Guilty for His Role in Scheme to Defraud Medicare by Soliciting Kickback Payments for Two New Orleans-Area PhysiciansRead the Press Release
WASHINGTON – A New Orleans, Louisiana, man pleaded guilty yesterday for his role in a scheme to solicit the payment of illegal health care kickbacks to several individuals, including two New Orleans-area physicians, for the referring and certifying of individuals for medically unnecessary home health services.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Peter G. Strasser of the Eastern District of Louisiana, Special Agent in Charge Eric J. Rommal of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.
Joseph A. Haynes, 63, pleaded guilty before U.S. District Judge Barry W. Ashe of the Eastern District of Louisiana to one count of conspiracy to solicit and receive health care kickbacks and bribes. Sentencing is set for Aug. 22 before Judge Ashe.
In pleading guilty, Haynes admitted that he participated in a scheme with codefendants Muhammad Kaleem Arshad, M.D., 63, of New Orleans, Padmini Nagaraj, M.D., 61, of Kenner, Louisiana, and others, including patient recruiter Kim Ricard, 52, of Gonzales, Louisiana, and clinic owner Milton Diaz, 66, of Harvey, Louisiana. Haynes admitted that the purpose of the scheme was to solicit and receive kickbacks and bribes for the referral of Medicare beneficiaries to Progressive Home Health (Progressive), of New Orleans, owned by Diaz, and having them certified as eligible to receive home health services. In reality, the beneficiares were not eligible to receive such services. Haynes admitted that he solicited a total of approximately $331,000 in kickbacks from Diaz for Ricard disguised as marketing fees and solicited approximately $1,500 in monthly kickbacks from Diaz for Arshad and Nagaraj disguised as medical director fees.
Arshad pleaded guilty on Feb. 22, 2019 and Nagaraj pleaded guilty on May 2, 2019 before Judge Ashe, to one count each of conspiracy to commit health care fraud. Arshad’s sentencing is set for July 11, 2019, and Nagaraj’s sentencing is set for Aug. 8, 2019. As part of their pleas, Arshad and Nagaraj each admitted that in return for accepting illegal health care kickbacks, which Haynes orchestrated, Arshad and Nagaraj each referred beneficiaries that they treated at a Louisiana-based psychiatric facility for medically unnecessary home health services at Progressive, and further fraudulently certified that the beneficiaries were eligible to receive such services. Diaz, on behalf of Progressive, then submitted the fraudulent claims to Medicare and was reimbursed for the medically unnecessary home health services, he admitted.
Diaz pleaded guilty on July 13, 2017, and is scheduled to be sentenced on July 31, 2019 before U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana. Ricard was found guilty after a three-day trial in September 2017, and was sentenced on Jan. 4, 2018, to 51 months in prison.
This case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana. Trial Attorneys Jared Hasten, Katherine Payerle and Claire Yan of the Criminal Division’s Fraud Section are prosecuting the case.
The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
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New Orleans Man Charged with Bank RobberyRead the Press Release
NEW ORLEANS, LOUISIANA - U.S. Attorney Peter Strasser announced that a federal grand jury on May 16 returned an indictment against defendant DWAYNE WINANS, JR., a/k/a “Butter,” age 25, of New Orleans, for bank robbery, in violation of Title 18, United States Code, Section 2113(a).
The indictment alleges that on August 4, 2016, WINANS entered the Fidelity Bank at 5530 Crowder Boulevard, New Orleans, Louisiana, and demanded money.
If convicted of the violation, WINANS faces a maximum term of imprisonment of twenty (20) years, a $250,000 fine, up to three (3) years of supervised release following any term of imprisonment, and a mandatory $100 special assessment.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant U.S. Attorneys Michael E. McMahon, Melissa Bucher, and David Howard Sinkman are in charge of the prosecution.
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New Orleans Business Owner Charged with Conspiracy to Defraud First NBC BankRead the Press Release
NEW ORLEANS – The United States Attorney’s Office announced that KENNETH CHARITY (“CHARITY”), age 54, a resident of New Orleans, Louisiana, was charged Wednesday, May 15, 2019 with conspiracy to defraud First NBC Bank, the New Orleans-based bank that failed in April 2017.
According to the Bill of Information, from in or around February 2007 through April 2017, CHARITY had a banking relationship with First NBC Bank, individually and through certain entities. During that time, Bank President A acted as the loan officer for CHARITY and the loan officer to certain of CHARITY’s entities (“the Entities”). By the time First NBC Bank failed, the balances on the loans issued to CHARITY and the entities totaled more than $18 million. CHARITY, Bank President A, and others knowingly conspired to defraud First NBC Bank. According to the Bill of Information, the purpose of the conspiracy was for CHARITY, Bank President A, and others to unjustly enrich themselves, disguise the true financial status of CHARITY and the Entities, conceal the accurate performance, and misrepresenting the purpose of the loans made to KENNETH CHARITY and the Entities.
KENNETH CHARITY, Bank President A, and others provided First NBC Bank with materially false and fraudulent documents and financial statements, which, among other things, overstated the value of KENNETH CHARITY’s assets, understated his liabilities, and omitted material information. These false statements disguised his and the Entities’ true financial condition.
The Bill of Information also alleges that it was part of the conspiracy for Bank President A and others to disguise CHARITY and the Entities’ true financial condition by, among other things, issuing new loans to CHARITY and the Entities, which would pay older loans that CHARITY was unable to repay. The new loans would then appear to be current and performing, while the old loans appeared to have been paid. In reality, CHARITY had insufficient income and cash flow to support his debt at First NBC Bank. Bank President A was well-aware that CHARITY was unable to repay his loans, yet Bank President A continued to falsely represent in bank records that CHARITY and his Entities were profitable.
Additionally, the Bill of Information alleges CHARITY, Bank President A, and others, carried out the conspiracy by repeatedly lying in bank loan documents about the purpose of loans that Bank President A approved for CHARITY and the Entities. Specifically, Bank President A approved loans for CHARITY and his Entities that appeared to be for legitimate business purposes. In reality, CHARITY spent loan proceeds on personal expenses. Bank President A was aware that CHARITY did not spend the loan proceeds consistently with the purposes stated on the loan documents. For example, from in or around August 2014 through in or around December 2016, Bank President A caused three loans to be disbursed to one of CHARITY’s entities for the purpose, in part, of enclosing a patio at a beignet shop located at 620 Decatur Street. CHARITY never built the patio. The loan proceeds were used instead to pay CHARITY’s overdrafts, which included personal expenses, and made loan payments.
First Assistant United States Attorney Michael Simpson stated that a Bill of Information is merely an accusation and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being investigated by the Federal Bureau of Investigation; the Federal Deposit Insurance Corporation, Office of Inspector General; and the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Office of Inspector General. Assistant U.S. Attorneys Sharan E. Lieberman, Matthew R. Payne, Nicholas D. Moses, and J. Ryan McLaren are in charge of the prosecution.
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Mount Pleasant Man Sentenced to Prison for Production of Child PornographyRead the Press Release
DAVENPORT, IA – On May 16, 2019, Sean Michael Kinard, age 31, of Mount Pleasant, was sentenced by United States District Court Chief Judge John A. Jarvey to 130 months imprisonment, after pleading guilty to Receipt of Child Pornography, announced United States Attorney Marc Krickbaum. Kinard was ordered to serve eight years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Compensation Fund. Additionally, Kinard was ordered to pay $2,000 to each of the 13 victims who were seeking restitution.
Kinard pleaded guilty on January 14, 2019. Kinard used a file sharing program to distribute and receive images of child pornography on the internet between January 21, 2016, and January 4, 2018. During that time, he collected over 20,000 images containing child pornography and 425 videos. The National Center for Missing and Exploited Children (NCMEC) identified over 8,000 images of known victims from Kinard’s images and videos. The goal of NCMEC is to minimize the further victimization of children and to provide notice to identified victims of the crime, if desired.
This matter was investigated by Federal Bureau of Investigation and the Iowa Division of Criminal Investigation. The case was prosecuted by the United States Attorney’s Office-Southern District of Iowa.
Midsouth Man Found Guilty of Kidnapping and Raping Six Women over Seven YearsRead the Press Release
Memphis, TN – Horn Lake resident Michael D. Love, 45, has been found guilty of kidnapping and raping six Memphis women, and attempting to kidnap and rape an seventh, over a period of seven years. U.S. Attorney D. Michael Dunavant announced the guilty verdict today.
The evidence presented in federal district court during a six-day trial demonstrated that between 2008 and 2015, Love traveled from Mississippi to Tennessee to find or meet a woman, hold her against her will, engage in forced sexual intercourse, and abandon her in a deserted part of the city.
The testimony at trial revealed that some of Love's victims were chosen at random and abducted. Other victims met Love, who used a false identity, through social media and chat lines. But in every case, Love took his victims to unlit dead-end coves or uninhabited industrial areas. Each victim testified that she was raped before or after being forced out of Love's car, and that as soon as he was finished, Love got in his car and sped off, leaving her without her purse, wallet, cell phone, or other personal items. One of the victims was a minor. Love was also convicted of brandishing a firearm during one of the sexual assaults. All victims reported the crimes to the police, and went to the Rape Crisis Center for treatment and the collection of DNA evidence.
Love's cases were not linked until he was arrested in 2015 and a sample of his DNA was taken as part of the arrest. A profile developed from that sample linked Love to several unsolved rape cases dating back to 2008.
A renewed effort to test all sexual assault kits (or "rape kits") for DNA evidence is ongoing. Profiles developed from the testing compared to existing DNA profiles in the Combined DNA Index System (CODIS). CODIS is a national database designed to help identify suspects in unsolved cases. Biological evidence collected during examination of a sexual assault victim is preserved in a sexual assault kit, and ultimately, sent to a laboratory for analysis. Once a DNA profile is developed, it is placed into CODIS and regularly compared to profiles already on file. Memphis Police Department's Sex Crimes Bureau, DNA Cold Case Unit, developed Love as a suspect in these seven cases in part, through use of DNA and CODIS technology.
Love also has matters pending in Shelby County Criminal Court, where he has been charged with rape, aggravated rape, aggravated kidnapping, criminal attempt - kidnapping, and robbery.
U.S. Attorney D. Michael Dunavant said, "The horrific physical violence, sexual abuse, and emotional torment suffered by the victims in this case cannot be undone, but this guilty verdict ensures that this violent and evil sexual predator will face significant consequences for his depraved actions. As a result of the outstanding investigative work of the MPD and the FBI, as well as the excellent trial presentation by our federal and state prosecutors, these victims have seen their cases solved, and justice has been achieved. "
"This investigation exemplifies the dedication of law enforcement to continue to diligently work cases, even after the cases go cold, to ensure that criminals are held accountable for their crimes," said M.A. Myers, Special Agent in Charge Memphis Field Office of the Federal Bureau of Investigation. "This verdict would not have been possible without the cooperative efforts of all of the law enforcement agencies and the prosecutive team, who worked tirelessly to ensure that the victims were not forgotten and that justice was served."
MPD Director Michael Rallings said, "This continues to demonstrate the importance of our partnership with other agencies as we move through the investigations generated by the DNA Unit of the Memphis Police Department. It takes everyone working together with the victims to achieve these results."
Love is set for sentencing on August 15, 2019, before U.S. District Court Judge Sheryl H. Lipman, where he faces a mandatory minimum sentence of 27 years and up to life imprisonment.
The Memphis Police Department (Sex Crimes, DNA Cold Case Unit); FBI and the Shelby County District Attorney’s Office investigated this case.
Assistant U.S. Attorney Debra Ireland and Special Assistant U.S. Attorney Bryce Phillips are prosecuting this case on behalf of the government.
Mexican citizen sentenced in Billings drug case in which agents seized 34 pounds of methRead the Press Release
BILLINGS—A Mexican citizen convicted in an investigation in which law enforcement seized 34 pounds of meth, worth an estimated $1.5 million, from a hotel room was sentenced to 57 months in prison and five years of supervised release on Wednesday, U.S. Kurt Alme said.
Jorge Luis Mendez-Sanchez, 35, of Mexico, pleaded guilty in January to possession with intent to distribute meth.
Thirty four pounds of meth is the equivalent of about 123,216 doses and has an estimated street value of $1.54 million.
U.S. District Judge Susan Watters presided.
Prosecutors said in court records that a confidential informant for the Eastern Montana High Intensity Drug Trafficking Area Task Force learned in July 2018 from a source of meth named Oscar that a relative was flying to Billings from Salt Lake City to conduct the sale of 35 pounds of meth. The meth was coming from Oscar’s associates, who included Mendez-Sanchez and co-defendant, Aldo Pardini.
Agents identified another co-defendant, Jose Jesus Islava-Lopez, as Oscar’s relative and followed him from the Billings airport to a Billings hotel. Islava-Lopez checked into a room and met with Pardini in the parking lot. Pardini and Mendez-Sanchez, who were staying together in a separate room, had transported the meth for the proposed sale together from Arizona in Pardini’s car.
Agents detained Islava-Lopez in the lobby. Islava-Lopez told the agents that Oscar had directed him to fly to Billings for a job, rent a room at the hotel and meet a person in a car in the parking lot. After meeting Pardini in the parking lot, Islava-Lopez went to the room shared by Pardini and Mendez-Sanchez and took a suitcase Pardini gave him back to his own room. Investigators served search warrants on both hotel rooms and the vehicle and found about 34 pounds of meth in Islava-Lopez’s room.
Islava-Lopez and Pardini have pleaded guilty in the case and are awaiting sentencing.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Metro East Woman Sentenced for Falsifying Records in BankruptcyRead the Press Release
Dehavalon R. Cook, 46, of Fairview Heights, Illinois, has been sentenced to three years probation for falsifying records in a bankruptcy proceeding, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Cook previously pleaded guilty to the charge on January 29, 2019.
Court documents show that Cook created a fictitious document and forged the signature of an officer of the Court to obtain an automobile loan during the pendency of her bankruptcy case. The document was falsified with the intent to improperly influence the proper administration of a bankruptcy proceeding.
"Today’s sentence makes clear that abuse of the bankruptcy system by falsifying a document and forging the signature of an officer of the court for personal gain will not be tolerated," stated Nancy J. Gargula, U.S. Trustee for Southern and Central Illinois and Indiana (Region 10). "I am grateful to U.S. Attorney Weinhoeft and our law enforcement partners for their strong commitment to combating bankruptcy-related crimes as demonstrated by this prosecution." The U.S. Trustee Program is the component of the U.S. Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in Peoria, Illinois, and South Bend, Indiana.
The charges resulted from a referral by the U.S. Trustee for Region 10 to the U.S. Attorney for the Southern District of Illinois. The investigation was conducted by the Peoria Office of the United States Trustee and the Federal Bureau of Investigation in collaboration with the Southern Illinois Bankruptcy Fraud Working Group, which is coordinated by the U.S. Trustee. The prosecution was handled by Assistant U.S. Attorney Norman R. Smith.
Meth possession for distribution sends Billings man to prison for 10 yearsRead the Press Release
BILLINGS—Billings resident Keith Alan Rose, who admitted to methamphetamine trafficking crimes, was sentenced to 10 years in prison on May 16, U.S. Attorney Kurt Alme said.
Rose, 48, pleaded guilty earlier to conspiracy to possess meth for distribution and to possession with intent to distribute meth.
U.S. District Judge Susan Watters presided.
The prosecution said in court documents that an investigation of Rose began in November 2016 when the Billings Police Department received an anonymous email reporting that Rose, also known as “Rabbit,” had been trafficking meth in Billings. Law enforcement officers developed probable cause to search Rose’s house, which they did after getting a search warrant. Officers found meth, paraphernalia, concealment cans, ledgers, plastic baggies and a digital scale along with ammunition.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI’s Transnational Organized Crime –West Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Maryland Man Pleads Guilty to Access Device Fraud and Conspiracy to Commit Access Device FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Bryan Boley, 33, of Takoma Park, Maryland, pled guilty yesterday in U.S. District Court to conspiracy to commit access device fraud, using or attempting to use a counterfeit access device, possession of 15 or more counterfeit or unauthorized access devices, and possession of device-making equipment.
According to court records, from at least July 31, 2018, Bryan Boley conspired with others to use counterfeit credit cards at Maine retail outlets. He bought the credit card numbers online. A search of Boley’s hotel room in January led to the seizure of several dozen plastic cards, 47 of which had been fraudulently re-encoded, about 25 receipts showing purchases of gift cards and other items, as well as a credit card reader/writer, among other items. Boley was arrested after checking out of his hotel room in the early hours of January 23, 2019. He had an additional 19 cards on his person, 17 of which had been re-encoded with credit card numbers that did not belong to him.
Boley faces up to five years in prison and a $250,000 on the conspiracy charge, up to ten years in prison and a $250,000 fine on the counterfeit access device charges, and up to 15 years in prison and a $250,000 fine on the possession of device-making equipment charge. He also faces up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Secret Service, the Maine State Police and the Auburn, Brunswick, Cape Elizabeth, and Yarmouth Police Departments.
Marty Man Charged with Escape from CustodyRead the Press Release
United States Attorney Ron Parsons announced that a Marty, South Dakota, man has been indicted by a federal grand jury for failure to register as a sex offender.
Raymond Lloyd Jandreau, age 61, was indicted on May 9, 2017. He appeared before U.S. Magistrate Judge Veronica Duffy on May 17, 2019, and pled not guilty to the Indictment.
According to the Indictment, Jandreau was convicted of a sex offense in South Dakota state court. This conviction requires him to register for life as a sex offender. Since July 1, 2016, Jandreau’s whereabouts have been unknown. His last known address was in Farmington, New Mexico, but that residence was vacated with no sign of Jandreau. His last known address in the District of South Dakota was in Marty, within the jurisdiction of the Yankton Sioux Tribe Reservation.
The maximum penalties upon conviction are as follows: 10 years in federal prison and/or a $250,000 fine; a mandatory minimum term of 5 years, up to life, of supervised release; $100 to the Federal Crime Victims Fund; $5,000 assessment to the domestic trafficking fund; and restitution may be ordered.
The charges are merely accusations and Jandreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Jandreau was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Man Sentenced for Threatening to Murder Family of FCC ChairmanRead the Press Release
ALEXANDRIA, Va. – A California man was sentenced today to more than one and a half years in prison for threatening to kill the family of Ajit Pai, Chairman of the Federal Communications Commission.
“Threatening to actually kill a federal official’s family because of a disagreement over policy is not only inexcusable, it is criminal,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This prosecution shows not only that we take criminal threats seriously, but also that online threats of violence have real world consequences. I would like to thank our local, state, and federal law enforcement partners for their assistance in this investigation and prosecution.”
According to court documents, on or about Dec. 19 and 20, 2017, Markara Man, 33, of Norwalk, sent three emails to Chairman Pai’s email accounts. The first email accused Chairman Pai of being responsible for a child who allegedly had committed suicide because of the repeal of net neutrality regulations. The second email listed three locations in or around Arlington and threatened to kill the Chairman’s family members. The third email had no message in its body, but included an image depicting Chairman Pai and, in the foreground and slightly out of focus, a framed photograph of Chairman Pai and his family. The FBI traced the emails to Man’s residence in Norwalk, California, and when initially confronted in May 2018, Man admitted to the FBI that he sent the email threatening Chairman Pai’s family.
Court documents further showed that during the FBI’s search of his residence, Man factory reset a cell phone upon learning of the search and before law enforcement could seize the phone. This action caused data to be wiped from the device. When asked about the phone being in setup mode, Man lied to the FBI and claimed that he had received it a month earlier and not set it up yet.
This matter was investigated by the Washington Field Office’s Safe Streets Violent Crime Task Force, which is composed of Special Agents and detectives from law enforcement agencies within northern Virginia and the District of Columbia. The task force concentrates on investigating violent crimes and criminal threats within the Capital Region.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and M. Jay Farr, Arlington County Chief of Police, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III. Assistant U.S. Attorney Alexander P. Berrang prosecuted the case.
The FBI’s Los Angeles Field Office, the Federal Protective Service, and the Arlington County Police Department provided significant assistance in this investigation.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-308.
Man Involved in 13-Year-Old’s Revenge Killing Sentenced to 18 YearsRead the Press Release
Darius Fields, a drug trafficker implicated in the kidnapping of 13-year-old Shavon Randle, was sentenced today to 216 months in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Following a three-day trial in April 2018, Mr. Fields, then 27, was convicted on two counts of “lying and buying” – aiding and abetting false statements in the acquisition of a firearm – and one count of unlawful possession of a pistol.
At his sentencing, prosecutors introduced evidence indicating Mr. Fields was involved in the kidnapping of 13-year-old Shavon Randle, who was then brutally killed following a dispute over stolen marijuana.
The prosecution also presented evidence that Mr. Fields and his associates originally planned to kidnap Ms. Randle’s adult cousin, L.R., in retribution for her boyfriend’s supposed theft of their marijuana. When they arrived at her residence and discovered L.R. was gone, Mr. Fields’ associates instead abducted Ms. Randle, forcing her out of the house with a pillowcase over her head, agents testified. They later used a prepaid phone to call L.R. with a ransom demand: Return the stolen marijuana or they would kill the young girl.
Four days later, authorities discovered Ms. Randle’s body, with gunshot wounds in her head and torso, decomposing alongside the body of another dealer inside an abandoned home in Oak Cliff.
Additional evidence introduced at sentencing also indicated that shortly after Ms. Randle’s body was found, Mr. Fields, then incarcerated at Fannin County Jail, bragged to a fellow inmate about his involvement in the Randle murder, the inmate testified.
Taking into account Mr. Field’s relevant conduct in the Randle matter, Chief U.S. District Judge Barbara M.G. Lynn sentenced him to 216 months (18 years) behind bars.
“We can never heal this family’s wound, but we hope the knowledge that Mr. Fields will spend 18 years behind bars brings Ms. Randle’s loved ones some measure of relief,” said U.S. Attorney Nealy Cox. “Thankfully, federal law gives Judges discretion to adjust a defendant’s sentence based on all the relevant circumstances of the crime and the defendant’s criminal history, provided the sentence remains within the statutory range for the crime of conviction. In this case, as in all cases, we wanted the Judge to have all the pertinent facts – including the full extent of defendants’ involvement in the kidnapping of an innocent thirteen-year-old. It would be irresponsible for us not to provide the Court with such evidence.”
“Thank you to our partners at the Lancaster, Irving, and Dallas Police Departments as well as the FBI special agents whose tireless commitment ensured a positive outcome,” said Matthew J. DeSarno, Special Agent in Charge of the FBI Dallas Division. “This collaborative team effort demonstrates the dedication of DFW area law enforcement to the communities we serve.”
Local law enforcement has named Mr. Fields a “person of interest” in the Randle case, but has not charged Mr. Fields in connection with the girl’s murder.
The Federal Bureau of Investigation and the Lancaster Police Department conducted the investigation with assistance from Irving and Dallas Police. Assistant U.S. Attorneys Camille Sparks and Gary Tromblay prosecuted the case.
Madison Man Sentenced to 54 Months for Illegally Possessing FirearmRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that David A. Kelly, 33, Madison, Wisconsin, was sentenced today by U.S. District Judge William Conley to 54 months in federal prison for possessing a firearm as a convicted felon. Kelly pleaded guilty to the charge on March 14, 2019.
On July 16, 2018, while on the west side of Madison, Kelly retrieved a firearm from his vehicle and brandished it at a group of people, threatening to kill them. Kelly left the scene before police officers arrived. A warrant was issued for his arrest, and a search of his home revealed a loaded .40 caliber pistol. Kelly’s fingerprints were found on the firearm.
Kelly had been convicted in Dane County Circuit Court four days prior to the July 16 incident for being a felon in possession of a firearm. Kelly also has three prior felony drug convictions.
Judge Conley rejected Kelly’s request for a 30-month sentence, citing the defendant’s history of violence and lack of remorse.
This case was brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
The charge against Kelly was the result of an investigation conducted by the Madison Police Department, Wisconsin Department of Corrections, and Bureau of Alcohol, Tobacco, Firearms and Explosives. This prosecution was handled by Assistant U.S. Attorney Rita M. Rumbelow.
Man from Pueblo Pintado, N.m., Pleads Guilty to Aggravated Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Presley Dexter Sandoval, 25, of Pueblo Pintado, N.M., pleaded guilty in federal court yesterday to committing aggravated sexual abuse against a child within the boundaries of the Navajo Nation.
Sandoval entered a plea of guilty to an information charging him with committing the offense in McKinley County between January 1, 2013, and September 30, 2015. According to court documents, Sandoval engaged in forcible sexual acts with the child at a residence on at least two separate occasions.
Sandoval is an enrolled member of the Navajo Nation. He is currently in custody awaiting sentencing and faces a maximum term of life in prison.
The Gallup office of the FBI investigated the case. Assistant U.S. Attorneys David Cowen, Allison Jaros, and Jennifer Rozzoni are prosecuting the case.
Jury Convicts Man Subject to Victim Protective Orders for Possessing FirearmsRead the Press Release
OKLAHOMA CITY – CHAD WAYNE KASPEREIT, 34, of Duncan, has been convicted by a jury of possessing firearms while subject to a victim protective order and lying on a federal form to purchase firearms, announced First Assistant U.S. Attorney Robert J. Troester.
"This office aggressively enforces the federal prohibition against possessing a firearm while under an active victim protection order," said First Assistant U.S. Attorney Troester. "This case and others like it will protect victims from further abuse and protect law enforcement officers who respond to domestic calls. I want to thank the Oklahoma City Police Department, ATF, the Cleveland County District Attorney’s Office, and especially the prosecutors in my office for working together to seek justice in this important case."
According to Count 1 of a superseding indictment filed on March 19, 2019, Kaspereit made a materially false statement on Bureau of Alcohol, Tobacco, Firearms & Explosives Form 4473 when he falsely represented that he was not subject to a victim protective order. The superseding indictment charged he knew when he completed the form that he was subject to such an order in Stephens County, Oklahoma, when he made the false statement on December 7, 2017, at the Academy Store in Yukon, Oklahoma. The Stephens County protective order prohibited Kaspereit from harassing, stalking, or threatening his ex-wife and their three children, and from using force or threats of force against them. Relying on Kaspereit’s false statement, Academy sold Kaspereit a Taurus Judge .45 caliber revolver and a Taurus PT 738 .380 pistol. Anyone purchasing a firearm from a federally licensed firearms dealer must certify their answers to certain questions on Form 4473.
Counts 2 and 3 charged Kaspereit with the felony of possessing a firearm while subject to a victim protective order. Count 2 alleged he possessed the Taurus Judge .45 caliber revolver and the Taurus PT 738 .380 pistol between December 7, 2017, when he bought them at Academy, and February 26, 2018, a period during which he was subject to the Stephens County protective order. Count 3 alleged he possessed the Taurus PT 738 .380 caliber pistol on October 16, 2018, when he was subject to a separate victim protective order in Cleveland County, Oklahoma.
Today a jury convicted Kaspereit on the first two counts and found him not guilty on the third count. At trial, the jury heard evidence that Kaspereit was subject to protective orders that prohibited him from harassing, stalking, or intimidating his first wife and their three children, and then his second wife and her child, from September 3, 2015, until the present, with the limited exception of February 27, 2018, until March 18, 2018. The jury heard that Kaspereit’s first wife agreed to dismiss her protective order in February 2018 only because she believed it was not stopping him from doing anything to her or the children. The jury also heard evidence that Kaspereit used the handguns to threaten his second wife. Kaspereit has been in the custody of the U.S. Marshals Service since his arrest on January 15, 2019.
At sentencing, Kaspereit faces up to ten years in prison on each of the two counts of conviction, in addition to a fine of up to $250,000 per count. He will also be subject to up to three years of supervised release after imprisonment. Sentencing will take place in approximately ninety days.
These charges are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Cleveland County District Attorney’s Office and the Oklahoma City Police Department. Prosecuted by Assistant U.S. Attorneys K. McKenzie Anderson and Jacquelyn M. Hutzell, this case is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime. To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal gun crimes connected to domestic violence.
Reference is made to public filings for further information.
Jessamine County Man Sentenced to 132 Months for Conspiracy to Distribute Heroin and CarfentanylRead the Press Release
LEXINGTON, Ky. — Jeffery Ruggiero, 29, of Nicholasville, Kentucky, was sentenced today, to 132 months in federal prison, by United States District Judge Karen C. Caldwell, for conspiracy to distribute heroin and carfentanyl and distribution of carfentanyl resulting in serious physical injury.
Beginning in July 2016 and continuing through January 19, 2017, Ruggiero conspired with several other people to distribute heroin and carfentanyl in Garrard, Jessamine and Fayette County. On January 10, 2017, Ruggiero and another defendant distributed a quantity of carfentanyl, which resulted in an overdose. On September 5, 2018, Ruggiero pled guilty to the charge and admitted to distributing at least 120 grams of heroin in the Central Kentucky area during the five-month period of the conspiracy.
“The defendant put lives at risk by distributing deadly drugs, including carfentanyl,” said United States Attorney Robert M. Duncan, Jr. “The defendant’s actions warranted the lengthy sentence he received today from the Court.”
Under federal law, Ruggierio must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Christopher Evans, Special Agent in Charge of the DEA, jointly made the announcement.
The investigation was conducted by the DEA. The United States was represented by Assistant United States Attorneys Cynthia T. Rieker and Todd Bradbury.
Jackson Man Sentenced under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Charles Brown, Jr. 42, of Jackson, was sentenced today by United States District Judge Carlton W. Reeves to 18 months in prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Dana Nichols, Special Agent in Charge, Bureau of Alcohol, Tobacco Firearms and Explosives. Brown was also ordered to pay a $1,000.00 fine.
On June 25, 2017, Charles Brown, Jr. arrived at the Jackson Police Department with a female identified as T.W. Brown was bringing her to JPD because he believed T.W. had information about a crime that had been committed. Brown is not a member of any law enforcement agency. Brown was seen wearing a bulletproof vest walking towards a 2000 maroon Jeep Grand Cherokee. An officer noticed that the vehicle had police dashboard lights on the front windshield. Officers asked Brown if he had a firearm inside the vehicle and he responded that he did. An inventory of the vehicle was conducted and a Rohm RG38 .38 caliber firearm with serial number 85594 as well as Winchester box that contained 28 rounds of ammunition were found.
On April 4, 2018, an indictment was filed charging Brown with being a felon in possession of a firearm. He had been previously convicted of shooting into an occupied dwelling in 2004, in Hinds County Circuit Court. Brown pled guilty before Judge Reeves on February 5, 2019.
U.S. Attorney Hurst commended the work of the Jackson Police Department and the Federal Bureau of Investigation and their cooperation with ATF agents and Project EJECT task force members. AUSA Erin Chalk is prosecuting the case.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Sentenced to 12 Months in Prison under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Arthur Lee Harris, Jr., 30, of Jackson, was sentenced today by U.S. District Judge Carlton W. Reeves to twelve months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation. Harris was also ordered to pay a $1,000 fine.
On August 22, 2018, Jackson Police officers stopped the vehicle Harris was driving at an administrative check point. Harris was unable to produce proof of insurance or a driver’s license. He was directed to exit the vehicle and officers observed a pistol in the cup holder of the driver’s door. Harris admitted it was his pistol. Subsequent to a background check, Harris was placed under arrest for being a felon in possession of a firearm. He has a prior felony conviction in Hinds County for statutory rape.
On November 6, 2018, Harris was charged in a federal criminal indictment for possession of a firearm by a convicted felon. He pled guilty before Judge Reeves on February 15, 2019.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Lynn Murray.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Sentenced to 10 Years in Prison under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Justin Jamal Williams, 29, of Jackson, was sentenced today by Chief U.S. District Judge Daniel P. Jordan III to 120 months in federal prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Williams was also ordered to pay a $1,500.00 fine.
On March 17, 2018, a Jackson Police officer conducted a traffic stop on a car with no license plate. The officer noticed that Williams, who was sitting in the back seat of the car, had a suspicious bulge in the leg of his pants and he was moving around nervously. When the officer asked Williams to step out of the car, he got out and attempted to push past the officer and run. Williams was immediately taken into custody, and a firearm was found on him. A second firearm belonging to Williams was found inside the vehicle.
Williams has prior felony convictions in Hinds County for burglary of a dwelling, possession of marijuana with intent to distribute, and possession of marijuana.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Charles W. Kirkham.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Pleads Guilty under Project EJECT to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Ryan Storm Irwin, 26, of Jackson, pled guilty today before U.S. District Judge Carlton W. Reeves to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On February 18, 2018, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives were conducting a follow-up investigation on Ryan Storm Irwin who had been a passenger in a stolen vehicle stopped by the Jackson Police Department on January 24, 2018. They went to a residence in Jackson where they encountered Irwin sitting alone in the driver’s position in a vehicle. A Savage, Model 940A, 16-gauge shotgun with no serial number was wedged between the driver’s seat and the console. Irwin has a previous conviction for grand larceny in Rankin County and it is illegal for him to possess a firearm.
Irwin will be sentenced by Judge Reeves on August 20, 2019 at 9:00 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Lynn Murray.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
International Competition Network Adopts Framework for Competition Agency Procedures and Recommended Practices on Investigative Process, Announces U.S. Agencies Will Host 2020 ICN Annual ConferenceRead the Press Release
At its annual conference, the International Competition Network (ICN) established a Framework on Competition Agency Procedures (CAP) that reflects the commitment by its participants to uphold fundamental procedural fairness principles and adopted Recommended Practices for Investigative Process that offer aspirational guidance and norm-setting principles on procedural fairness. The ICN also presented reports on vertical mergers, vertical restraints, competition agency design, and private enforcement, the Department of Justice and the Federal Trade Commission (FTC) announced today. The ICN announced that the United States will host the 2020 ICN annual conference in Los Angeles, California.
The ICN held its 18th annual conference, hosted by Colombia’s Superintendence of Industry and Commerce, on May 15-17, 2019, in Cartagena, Colombia. Nearly 500 delegates from more than 80 jurisdictions participated, including competition experts from international organizations and the legal, business, academic, and consumer communities. The Department of Justice’s delegation was headed by Assistant Attorney General Makan Delrahim, and FTC Chairman Joseph J. Simons led the FTC delegation. The conference highlighted the achievements of the ICN working groups on cartels, mergers, unilateral conduct, competition advocacy and agency effectiveness, and featured discussion of the challenges of digitalization.
The conference approved two significant instruments to promote and strengthen procedural fairness in competition agency proceedings. The CAP came into effect on May 15, 2019, with the ICN announcing 62 participating agencies. The CAP establishes fundamental, procedural fairness principles that address non-discrimination, transparency, notice and meaningful engagement, timely resolution, confidentiality protections, impartiality, access to information and opportunity to defend, representation by counsel, written decisions, and independent review. By joining the CAP, competition agencies affirmatively indicate their intention to adhere to the principles laid out in the Framework. The principles are further supported by implementation provisions that facilitate agency-to-agency cooperation on procedures and regular review of CAP operations. While sponsored by the ICN, the CAP is open to all competition agencies around the world, including both ICN members and agencies that are not members of the ICN.
The U.S. Department of Justice served as co-chair for the Agency Effectiveness Working Group, which developed the Recommended Practices for Investigative Process in conjunction with the FTC. The Recommended Practices establish detailed, aspirational, procedural fairness norms for competition agency investigative tools, transparency, engagement during investigations, decision-making safeguards, and confidentiality protections. As Recommended Practices, they are the ICN highest level consensus statement on agency procedures and procedural fairness.
“The ICN has become a crucial instrument for dialogue, cooperation, and convergence within the global antitrust community,” said Assistant Attorney General Delrahim. “The Annual Conference provides us all with an opportunity to reflect on the great progress that has been made in competition policy and enforcement around the world, as well as the challenges that lie ahead.”
On May 15, 2019, Assistant Attorney General Delrahim spoke on a panel celebrating the launch of the ICN CAP. The panel recognized the historic nature of the multilateral framework. The principles outlined by the Multilateral Framework on Procedures, as described by Assistant Attorney General Delrahim in a speech at the Council on Foreign Relations on June 1, 2018, served as a foundation for the CAP. The CAP was adopted by the ICN on April 3, 2019, and it became open for all competition agencies to join as participants on May 1, 2019.
Chairman Simons helped lead the conference’s panel discussion of Merger Review in the 2020s. The Panel explored whether and how digitalization and globalization are likely to change merger review in the 2020s, given their continued influence on the evolution of competition policy. The FTC has for the past three years co-chaired the ICN’s Merger Working Group, which promotes convergence toward best practices in merger process and analysis and seeks to reduce the public and private costs of multijurisdictional merger reviews. This year, the Merger Working Group presented a report on vertical mergers and promoted the use of its Framework for Merger Review Cooperation, developing explanatory material on the types of documents typically exchanged in multijurisdictional merger review to support sound enforcement cooperation.
“Understanding how a market works is crucial to assessing a merger’s competitive impact, and more learning about digital markets can help refine our competition assessments. Yet digital markets do not require significant changes to our existing merger laws or analysis,” said Chairman Joseph Simons. “This is because our antitrust framework has consistently proven that it is sufficiently robust and flexible to fit new markets and new ways of doing business.”
Deputy Assistant Attorney General Roger Alford moderated a panel discussing agency effectiveness through organizational design. The panel was part of the Agency Effectiveness Working Group project on competition agency choices in the design of their enforcement programs.
Randolph Tritell, Director of the FTC’s Office of International Affairs, led the concluding panel, showcasing how diverse competition agencies around the world benefit from implementing all types of ICN work product.
The Unilateral Conduct Working Group presented its project on vertical restraints. The project examined a series of hypothetical vertical restraints and their effect on competition and potential resulting efficiencies.
The Cartel Working Group presented a new chapter on private enforcement for the working group’s Anti-Cartel Enforcement Manual and a report on leniency incentives.
The Advocacy Working Group compiled case studies as part of its Strategy Project, with specific examples of how agencies have developed strategies and assessed their advocacy initiatives. The working group also drafted a report on ICN member competition advocacy initiatives involving digital markets.
Created in October 2001 to increase understanding of competition policy and promote convergence toward sound antitrust enforcement around the world, the ICN, founded by 15 agencies including the Department of Justice’s Antitrust Division and the FTC, has grown to 139 member agencies from 126 jurisdictions, supported by a wide network of non-government advisors from around the world.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on May 15 was:
Aaron Matthew Manning, 29, of Bozeman, on charges of distribution of child pornography, transportation of child porn and receipt of child porn. If convicted of the most serious crime, Manning faces a minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Manning was detained. The case was investigated by the Bozeman Police Department, the Gallatin County Sheriff’s Office, Homeland Security Investigations and the Internet Crimes Against Children Task Force. Pacer case reference. 19-11.
Bruce Alan Gagne, 59, of Bozeman, on charges of receipt of child pornography. If convicted of the most serious crime, Gagne faces a minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Gagne was released pending further proceedings. The case was investigated by the Bozeman Police Department, Homeland Security Investigations and the Internet Crimes Against Children Task Force. Pacer case reference. 19-12.
Francis Edward Burke, Jr., 25, of Polson, on charges of felon in possession of a firearm. If convicted of the most serious crime, Burke faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Burke was detained. The case was investigated by the Polson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-22.
Dominique Autherallen Hamilton, 22, of Helena, and Jada Marie Johnson, 23, of Helena, on charges of bank fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Hamilton and Johnson face a maximum 30 years in prison, a $1 million fine and five years of supervised release. Hamilton and Johnson were released pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-04.
Jeffrey Kenneth Knapp, 41, of Montana City, on charges of felon in possession of a firearm. If convicted of the most serious crime, Knapp faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Knapp was released pending further proceedings. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-3.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on May 16 was:
Michael Alan McNulty, 54, of Billings, on charges of conspiracy with intent to distribute and possession with intent to distribute methamphetamine. If convicted of the most serious crime, McNulty faces a minimum mandatory 10 years to life in prison, a $10 million fine and a minimum five years of supervised release. McNulty was detained. The case was investigated by the FBI. Pacer case reference. 19-51.
Harley Matthew Isis McMillan, 24, a transient, on charges of sexual abuse of a minor. If convicted of the most serious crime, McMillan faces a maximum 15 years in prison, a $250,000 fine and five years to life of supervised release. McMillan was released pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-50.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Houston Man Sentenced for Federal Drug Trafficking and Money Laundering ViolationsRead the Press Release
BEAUMONT, Texas – A 41-year-old Houston man has been sentenced to federal prison for drug trafficking and money laundering violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
John D. Leontaritis, owner and operator of Vanderhall Exotics of Houston, and former owner operator of Global Motorcars of Houston, car dealerships that specialized in exotic, luxury automobiles, was found guilty by a jury on Dec. 4, 2018 of conspiracy to possess with intent to distribute and distribution of methamphetamine, as well as, conspiracy to commit money laundering, which were committed from 2013 to 2017 in both the Houston and Beaumont areas. Today, he was sentenced to 240 months in federal prison by U.S. District Judge Marcia A. Crone.
According to information presented in court, Leontaritis acted as a financier in a large-scale Houston-based drug trafficking organization that was distributing large amounts of drugs from Mexico to various cities in the United States for several years. Specifically, Leontaritis laundered drug profits through his luxury automobile dealership in Houston by accepting cash from known drug dealers in return for luxury vehicles. As part of the conspiracy, he used fraudulent dealer invoices to hide the true identity of the buyers from law enforcement. The conspiracy spanned many years and involved hundreds of kilograms of methamphetamine, and millions of dollars laundered through the dealership. The court sentenced Leontaritis to 240 months (20 years) on each count to run concurrent and those sentences to run consecutive to a Southern District of Texas federal conviction for theft of public money in 2018.
“People who help launder drug money are critical to the conspiracies that allow the drug trade to operate,” said U.S. Attorney Joseph D. Brown. “Law enforcement worked very hard, and stayed after this case doggedly to make sure every participant was prosecuted.”
“Today’s lengthy prison sentence for John Leontaritis is another example of how aiding and abetting a drug trafficker can be just as risky as drug trafficking itself,” said Houston DEA Special Agent in Charge Will R. Glaspy. “We will investigate and prosecute anyone who supports these criminal enterprises.”
This case is the result of an extensive joint investigation by 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.
This case was investigated by the U.S. Drug Enforcement Administration, the Houston Police Department and the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorneys Michelle S. Englade and Michael Anderson.
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Honduran Man Pleads Guilty to Immigration CrimeRead the Press Release
BECKLEY, W.Va. – A Honduran man pled guilty to immigration crime, announced United States Attorney Mike Stuart. Elmer Hernandez, 30, entered a guilty plea to the felony offense of Reentry of a Removed Alien. He faces up to two years of incarceration when he is sentenced on August 22, 2019. Stuart commended the work of U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police.
“Even here in West Virginia, illegal immigration is a serious issue,” said United States Attorney Mike Stuart. “Every week we prosecute more and more illegal reentry cases. The crisis at the border is a crisis we feel here in West Virginia. ICE is doing a terrific job as are our other law enforcement partners that work so hard to keep our communities safe.”
On March 9, 2019, a West Virginia State Police Trooper saw a car that was stopped at Mile Marker 52 on the West Virginia Turnpike outside of Beckley, Raleigh County, West Virginia. Three men were standing outside a car with its emergency blinkers on. When the Trooper pulled in, the men ran to the car and began to drive away. The Trooper asked the driver what was happening and for a driver’s license. The driver could not communicate with the Trooper due to a language barrier and did not have a driver’s license. The Trooper contacted a translator service provided by ICE to assist. The driver and two other individuals spoke with ICE agents telephonically and all three were found to be in the United States illegally. All three men were taken into custody and fingerprinted. Hernandez, one of the three men, was found to be a prior reentry. Specifically, his prints matched a prior removal from Pennsylvania in 2015. Hernandez admitted to ICE agents that he was in the United States illegally and had not obtained permission to legally enter the United States. He had not otherwise sought legal status or citizenship. Hernandez further admitted to ICE agents that he was a Honduran citizen.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.
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Harris County Man Guilty of Liberty County Bank RobberyRead the Press Release
BEAUMONT, Texas – An 18-year-old LaPorte, Texas man has pleaded guilty to bank robbery in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Aaron Gonzalez pleaded guilty to charges of bank robbery by force or intimidation before U.S. Magistrate Judge Zack Hawthorn on May 16, 2019.
According to information presented in court, on Mar. 6, 2019, Gonzalez robbed the Texas First Bank on FM 834 in Hull, Texas by entering the bank and presenting a threatening note to a bank teller. Gonzalez left the bank with approximately $7,350.00 in cash. Video surveillance and witness accounts of the bank robber and his vehicle led to Gonzalez’ arrest. Gonzalez was indicted by a federal grand jury on Apr. 3, 2019
Under the federal statute, Gonzalez faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office
This case was investigated by the Federal Bureau of Investigation, the Liberty County Sheriff’s Office, the LaPorte Police Department and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Robert L. Rawls.
Guilty Plea: Overland Park Man Had 44,000 Images of Child PornRead the Press Release
KANSAS CITY, KAN. – An Overland Park man today admitted he collected more than 44,000 images of child porn, some of which were shared with other computer users, U.S. Attorney Stephen McAllister said.
Robert A. Weick, 32, Overland Park, Kan., pleaded guilty to one count of distributing child pornography. Weick came under investigation when a task force officer from the FBI used a file-sharing program to download child pornography from Weick’s computer. When investigators served a search warrant at Weick’s home, they discovered approximately 44,000 images and 500 videos containing child pornography.
Sentencing is set for Sept. 3. Both parties have agreed to recommend a sentence of 100 months in federal prison and $28,000 in restitution to victims who have been identified by the National Center for Missing and Exploited Children. McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
GreenvilleWoman Sentenced for Possessing a Controlled SubstanceRead the Press Release
PITTSBURGH, Pa. – A resident of Greenville, Pennsylvania, has been sentenced in federal court to a term of imprisonment of time served or 200 days, to be followed by two years of supervised release on her conviction on a charge of possession of a controlled substance, United States Attorney Scott W. Brady announced today.
Chief United States District Court Judge Mark R. Hornak imposed the sentence on Kristen Shearer, 24.
According to information presented to the court, on August 9, 2017, law enforcement executed a search warrant at a residence in the Elliot section of Pittsburgh connected to main target Lynell Guyton. Kristen Shearer and three other individuals, including Guyton were present at the house. Large amounts of narcotics and packaging paraphernalia were visible. The Allegheny County Medical Examiner’s Office confirmed that the narcotics recovered contained cyclopropyl fentanyl, an analogue of fentanyl. She admitted to packaging some of the stamp bags.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Department of Homeland Security Investigations, the United States Postal Inspection Service and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Shearer
Grass Valley Man Sentenced for Child Pornography and Online Child Enticement CrimesRead the Press Release
SACRAMENTO, Calif. — Samuel C. Thompson, 34, of Grass Valley, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 10 years and four months in prison for receipt of child pornography and attempting to use the internet to entice a child to engage in sexual activity, U.S. Attorney McGregor W. Scott announced.
“Homeland Security Investigations (HSI) (San Francisco and Northern California) is committed to public safety, which includes protecting the children and youth of our communities who are most vulnerable to online predators,” said Ryan L. Spradlin, Special Agent in Charge, Homeland Security Investigations. “We can’t arrest our way out of this problem – the real key to combatting online sexual predators is teaching parents and their children about the dangers of online predators and where to go for help. HSI will continuing working with its federal, state, and local law enforcement partners throughout the Bay Area and Northern California in this crucial endeavor.”
According to court documents, between August 2012 and March 2013, Thompson used a peer-to-peer file sharing software program to download child pornography files from the internet. He was charged in case 2:13-cr-273-GEB with receipt of child pornography and pleaded guilty in May 2016. That case was the product of an investigation by Homeland Security Investigations.
According to court documents, in 2016, while Thompson was on supervised pretrial release in the 2013 case, he posted an online advertisement seeking to meet and teach a “younger lover.” After an undercover Placer County Sheriff’s detective replied to the advertisement, Thompson arranged to meet what he believed would be a 13-year-old girl for a sexual encounter. He was arrested when he arrived at a park in Auburn, where he planned to carry out that sexual encounter. He was charged in case 2:16-cr-232-GEB with attempted online enticement of a minor. That case was the product of an investigation by the Placer County Sheriff’s Office and the Federal Bureau of Investigation.
“The FBI will always work with its law enforcement partners to protect the innocence of the children in the communities we serve,” said Assistant Special Agent in Charge, Tom Osborne. “Thompson continued to pose as a threat to minors by attempting to contact a teen for sex while awaiting sentencing for child pornography charges.”
Assistant U.S. Attorney Matthew G. Morris prosecuted both cases.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Four Arrested at Embassy of Venezuela Appear in CourtRead the Press Release
WASHINGTON –Four individuals who were arrested and removed from the Embassy of Venezuela yesterday each made their initial appearance in the U.S. District Court for the District of Columbia today on federal charges stemming from trespassing and interfering with the U.S. Department of State’s protective functions, announced U.S. Attorney Jessie K. Liu.
An arrest warrant was issued on May 15, 2019, for Kevin Bruce Zeese, 64, Margaret Ann Flowers, 57, Adrienne Pine, 49, and David Vernon Paul, 70, who were located in the Embassy of the Bolivarian Republic of Venezuela in Washington, D.C. The individuals were arrested on a criminal complaint charging them with a violation of 18 U.S.C. § 118, Interference with Protective Functions of the Department of State, for knowingly and willingly obstructing, resisting, or interfering with a Federal law enforcement agent engaged, within the United States, in the performance of the protective functions of the State Department Basic Authorities Act.
According to the complaint:
- On January 23, 2019, President Donald J. Trump officially recognized the President of the Venezuelan National Assembly, Juan Guaidó, as the Interim President of Venezuela.
- On January 23, 2019, Secretary of State Michael R. Pompeo released an official press statement recognizing Juan Guaidó as the new interim President of Venezuela. The notification stated that Mr. Vecchio has authority to take actions on behalf of Venezuela.
- On January 24, 2019, interim President Juan Guaidó notified the United States Government that Mr. Carlos Alfredo Vecchio was accredited as Chargé d’Affaires of the Embassy of Venezuela in the United States.
- The United States accepted interim President Juan Guaidó’s notification of accreditation of Mr. Carlos Alfredo Vecchio as the Chargé d’Affaires of the Embassy of the Government of Venezuela to the United States on January 25, 2019.
- On January 29, 2019, interim President Juan Guaidó sent a letter to President Trump appointing Mr. Carlos Alfredo Vecchio as Ambassador of the Bolivarian Republic of Venezuela to the United States of America.
Members of a group called Code Pink, individuals calling themselves the Embassy Protection Collective, and members of a group called the Popular Resistance began occupying the Venezuelan Embassy and the Permanent Mission of Venezuela to the Organization of American States on April 10, 2019.
On April 26, 2019, Venezuelan Ambassador Carlos Vecchio sent a diplomatic note to the U.S. Department of State, requesting the support of the Government of the United States for the Venezuelan Embassy’s efforts to take occupancy of the premises of the Venezuelan Embassy in Washington, D.C. In the diplomatic note, Ambassador Vecchio requested the assistance of U.S. law enforcement officials in the removal of any person on the premises of the Venezuelan Embassy who is not authorized by the Venezuelan government to be present.
On May 13, 2019, the Diplomatic Security Service read a trespass notice via loudspeaker and posted trespassing notices at the Embassy of Venezuela in Washington, D.C. After the reading, the four defendants remained in the Embassy and refused to vacate the premises. The defendants’ refusals to leave the Embassy interfered with the Department of State’s protective function of maintaining the security of Venezuelan Embassy and the Permanent Mission of Venezuela to the Organization of American States.
At today’s hearing before Magistrate Judge G. Michael Harvey, the defendants were released on various conditions, and the next court date was set for June 12, 2019.
The charges in criminal complaints are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. The statutory maximum penalty for a charge of Interference with Protective Functions of the Department of State is one year of incarceration. If convicted of any offense, each defendant’s sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The investigation into this matter was conducted by the Diplomatic Security Service in cooperation with other law enforcement partners including the U.S. Secret Service Uniformed Division.
The case is being prosecuted by Special Assistant United States Attorney Danielle Rosborough.