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25 June 2019
Las Vegas Man Sentenced to Three Years in Prison After Stealing Elderly Victim's IdentityRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who used an elderly person’s identity to steal nearly $30,000, was sentenced yesterday to three years in federal prison, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Dennis William Moncrief, 55, was sentenced by U.S. District Court Judge James C. Mahan to three years and one day in prison followed by one year of supervised release. Judge Mahan also ordered Moncrief to pay restitution in the amount of $28,034.83.
In August 2017, Moncrief was serving a term of supervised release imposed after his conviction for being a felon in possession of a firearm. Based on Moncrief’s admission that he violated the terms of his release, U.S. District Court Judge Andre P. Gordon revoked Moncrief’s release, imposed a 13-month sentence, and ordered Moncrief to self-surrender to the Bureau of Prisons at a later date to serve that sentence.
According to his plea agreement in this case, prior to his self-surrender date, in October 2017, Moncrief stole the identity of a 79-year old victim to fraudulently obtain credit cards in her name and used those cards to cause more than $28,000 in loss. When it came time for Moncrief to serve his revocation sentence as ordered by Judge Gordon, he intentionally failed to surrender to federal authorities.
In February 2019, Moncrief pleaded guilty to one count of aggravated identity theft and one count of failure to surrender for service of sentence.
The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorney Tony Lopez prosecuted the case.
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Lake Charles man sentenced to serve time in federal prison for stealing firearms from pawn shopRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that Ryan Taylor, 19, of Lake Charles, was sentenced Monday by U.S. District Judge Robert R. Summerhays to serve 26 months in federal prison for firearm theft from a licensed firearm dealer.
According to information presented in court, Taylor and at least two other individuals stole three firearms on July 8, 2018 from a pawnshop in Lake Charles. Video surveillance from that night revealed a truck driving up to the business and someone attaching a rope to the front of the truck and then the other end to the front door of the business. The driver then backed away shattering the glass on the front door. Three individuals then entered the business and stole the following firearms from the shop’s inventory: a Savage, model 110, 30-60-caliber rifle, a Tikka, model M695, .270-caliber rifle, and a Savage, model 111, 30-06-caliber rifle. Taylor was later arrested and one of the stolen firearms was found with him. During his guilty plea on February 15, 2019, Taylor admitted to taking part in the theft.
The ATF and Lake Charles Police Department conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods 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.
Lafayette, Indiana Man Sentenced to 97 Months in PrisonRead the Press Release
HAMMOND –Travis Barrett, 39, of Lafayette, Indiana was sentenced today by U.S. District Court Judge Joseph S. Van Bokkelen after pleading guilty to possession of child pornography, announced U.S. Attorney Kirsch.
Barrett was sentenced to serve 97 months in prison, 10 years of supervised release and ordered to pay a total of $25,000 in restitution ($5000 to each of the five victims).
According to his plea agreement, Barrett admitted to possessing more than 15000 images and 2450 videos of child pornography
This case was investigated by the Department of Homeland Security, Lafayette Police Department and the Tippecanoe County Sheriff’s Department. The case was handled by Assistant U.S. Attorney Gary T. Bell.
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Iowa Man Sentenced for Abusive Sexual Contact by ForceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux City, Iowa, man convicted of Abusive Sexual Contact by Force was sentenced on June 24, 2019, by U.S. District Judge Karen E. Schreier.
Michael Weddell, Jr., age 29, was sentenced to 120 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Weddell was indicted by a federal grand jury on June 6, 2018. He pled guilty on April 5, 2019.
The conviction stemmed from incidents between June 1, 2015, and July 10, 2015, in Wagner, South Dakota, when Weddell knowingly engaged, and attempted to engage in, sexual contact with a child who had not attained the age of 12. Weddell used force to arouse and gratify his own sexual desire.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Weddell was immediately turned over to the custody of the U.S. Marshals Service.
Inscription House Man Sentenced to Federal Prison for Assault on Family MemberRead the Press Release
PHOENIX, Ariz. – This week, Oliver Hurley, of Inscription House, Ariz., was sentenced by U.S. District Judge Dominic W. Lanza to 18 months of imprisonment to be followed by three years of supervised release. Hurley had previously pleaded guilty to assault with a dangerous weapon.
On November 5, 2018, Hurley attacked the victim with a piece of firewood, striking her several times and causing lacerations to her arm and head. The assault happened on the Navajo Nation Indian Reservation and Hurley is an enrolled member of the Navajo Nation.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Indianapolis, Indiana Man Sentenced to 97 Months in PrisonRead the Press Release
SOUTH BEND – Howard Fleming III, age 24, of Indianapolis, Indiana, was sentenced before United States District Court Judge Jon E. DeGuilio upon his plea of guilty to being a felon in possession of a firearm and possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.
Fleming was sentenced to 97 months in prison followed by 2 years of supervised release.
According to documents in this case, Fleming was in a car in South Bend, and had a .40 caliber handgun along with less than five grams of cocaine when stopped by police. He had planned to sell the cocaine while using the firearm for protection while drug dealing. Fleming also has a prior felony conviction from April of 2014 in St. Joseph County, Indiana, for which he was sentenced to three years of imprisonment.
This case was investigated by ATF with assistance from the South Bend Police Department. The case was handled by Assistant U.S. Attorney Molly E Donnelly.
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Illegal Alien from Mexico Sentenced for Unlawful ReentryRead the Press Release
Gulfport, Miss. – Aldo German Arechiga-Gutierrez, a 45 year-old citizen of Mexico, was sentenced yesterday by U.S. District Judge Sul Ozerden to 18 months in prison followed by 3 years of supervised release for unlawful reentry by an alien who was previously deported after a conviction for an aggravated felony, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent in Charge of U.S. Immigration & Customs Enforcement's Homeland Security Investigations in New Orleans, and Gregory A. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
In 2002, Arechiga-Gutierrez was convicted in California for conspiracy to possess and sell methamphetamine. As a drug trafficking crime, the conviction qualified as an aggravated felony. Arechiga-Gutierrez was ordered removed from the United States to Mexico after serving his prison sentence. He then unlawfully returned to the United States and, in 2012, was convicted in the Southern District of Mississippi for being an illegal alien in possession of a firearm. After completing his prison sentence on that charge, Arechiga-Gutierrez was again removed from the United States to Mexico in 2014.
The Homeland Security Investigations (HSI) Office in Gulfport received information that Arechiga-Gutierrez had returned again to the United States. HSI research and surveillance located Arechiga-Gutierrez residing in the Picayune area and illegally employed in the southeastern Louisiana area. Arechiga-Gutierrez was positively identified and arrested. He later admitted to being a citizen of Mexico, and to voluntarily entering and being in the U.S. unlawfully. Arechiga-Gutierrez pled guilty before Judge Ozerden on March 22, 2019.
U.S. Attorney Hurst commended the work of the City of Picayune Police Department, the Department of Homeland Security, Homeland Security Investigations and the United States Border Patrol. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Illegal Alien Residing in Clinton, PA Charged with Unlawfully Re-entering U.S.Read the Press Release
PITTSBURGH, PA – A citizen of Mexico residing in Clinton, PA has been indicted by a federal grand jury in Pittsburgh on a charge of unlawful reentry after removal, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Luis Ramirez-Barron, 39, as the sole defendant.
According to the Indictment, Ramirez-Barron had been previously deported and removed from the United States and was found in the United States after unlawfully reentering.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Douglas C. Maloney is prosecuting this case on behalf of the government.
The Bureau of Immigration and Customs Enforcement conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Illegal Alien Pleads Guilty to Assaulting Federal OfficerRead the Press Release
CORPUS CHRISTI, Texas – A 33-year-old man from Guatemala has entered a guilty plea to assaulting a Border Patrol (BP) agent and for illegally entering the country, announced U.S. Attorney Ryan K. Patrick.
In the early morning hours of March 27, 2019, authorities encounters Lorenzo Perechu-Tziquin and others attempting to circumvent the U.S. BP Checkpoint near Falfurrias. The majority of the group complied with commands. However, Perechu-Tziquin, in an effort to prevent arrest, shoved and kicked a BP agent multiple times in the chest area through a barb-wire fence. In the course of the struggle, he caused multiple lacerations to the agent’s hands and arms, which required medical attention.
Perechu-Tziquin was eventually subdued and apprehended with the assistance of another BP agent.
Perechu-Tziquin was previously convicted of illegal entry into the United States in August 2018 and subsequently deported.
A sentencing hearing is scheduled for Sept.18, 2019, before U.S. District Judge Nelva Gonzales Ramos. At that time, Perechu-Tziquin faces up to 20 years for each count as well as a possible $250,000 maximum fine. He has been and will remain in custody pending that hearing.
The FBI and BP conducted the investigation. Assistant U.S. Attorney Yifei Zheng is prosecuting the case.
Hooksett Man Pleads Guilty to Embezzling Labor Union AssetsRead the Press Release
CONCORD - Dennis Robertson, 43, of Hooksett, pleaded guilty in federal court to embezzling labor union assets, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Robertson served as the business manager for a local union based in New Hampshire for approximately 14 years until his dismissal in or around March 2017. He was the only full-time paid officer or employee of the local union, which had approximately 140 to 170 dues-paying members. Robertson’s duties included managing finances, receiving dues, dispatching workers, and handling grievances.
Robertson had access to the organization’s bank accounts. After Robertson left the union in approximately March of 2017, an audit revealed substantial financial discrepancies under Robertson’s tenure. In sum, this review revealed that between August 2015 and February 2017, Robertson wrote and signed unauthorized expense checks to himself and made unauthorized cash withdrawals from the union’s checking account in the approximate amount of $23,519. He additionally embezzled union funds in two other ways: (1) by making unsupported mileage payments to himself of approximately $11,333 and (2) failing to disclose cash dues payments he received from members in the amount of approximately $3,045.
Robertson is scheduled to be sentenced on October 1, 2019.
“Union members place substantial trust in those who handle union finances,” said U.S. Attorney Murray. “When individuals betray that trust and take money for their personal use, they will be held accountable for their unlawful conduct.”
“Combatting financial fraud and investigating embezzlement of union funds helps safeguard financial integrity in labor unions,” said DOL-OLMS Northeastern Regional Director Andriana Vamvakas. “This is a major priority for the U.S. Department of Labor’s Office of Labor-Management Standards. We will work with the United States Attorney’s Office to identify criminal violations and pursue appropriate legal action whenever anyone puts personal financial gain ahead of the best interests of union members.”
This matter was investigated by the U.S. Department of Labor, Office of Labor Management Standards. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Holyoke Man Sentenced for Threatening to Kill A Federal ProsecutorRead the Press Release
BOSTON - A Holyoke man was sentenced today in federal court in Boston for threatening to murder a federal prosecutor.
Carlos Maldonado, 30, was sentenced by U.S. District Court Judge Denise J. Casper to 50 months in prison, 30 months to be served concurrent to a federal sentence he is currently serving, and 20 months to be served consecutively, and three years of supervised release. The government recommended a sentence of 84 months to be served consecutively.
U.S. Attorney Andrew E. Lelling said, “Anyone who threatens a federal prosecutor will be aggressively prosecuted. Threats against prosecutors - like threats against judges, defense attorneys, or other actors in the court system - are an attack on the criminal justice system itself, and so we will never let them stand.”
“Threatening anyone in the law enforcement family, whether it be a police officer, Special Agent, analyst or prosecutor, is not only an attack on an individual but the entire criminal justice system,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. “The FBI takes all threats against law enforcement extremely seriously and we will work with our partners to bring those who set out to undermine their safety to justice.”
“The United States Marshals Service will not tolerate anyone who threatens any of our protectees to include members of the United States Attorney’s Office,” said United States Marshal John Gibbons of the District of Massachusetts. “Our office is committed to the integrity and preservation of the judicial process and we will continue to vigorously investigate such threats.”
In May 2019, Maldonado pleaded guilty to threatening to murder an Assistant U.S. Attorney in retaliation for the federal prosecutor’s performance of his official duties. Maldonado was charged on April 26, 2019. Maldonado admitted that, in March 2018, he had written and sent a letter from a federal detention facility, where he was awaiting trial on federal charges for cocaine distribution, to the federal prosecutor responsible for prosecuting the charges against him. In that letter, Maldonado threatened to murder the Assistant U.S. Attorney, as well as the prosecutor’s family.
Maldonado is presently serving a 42-month federal sentence, a compilation of a 30-month sentence for cocaine distribution in 2016, and a consecutive 12-month sentence for his violation of supervised release conditions related to a prior conviction for distributing heroin in 2014.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office prosecuted the case.
Hayward Man Sentenced to More Than 8½ Years in Prison on Forced Labor and Illegal Harboring ChargesRead the Press Release
On December 18, 2020, United States Attorney David L. Anderson issued the following statement:
On Friday, December 18, 2020, we moved to vacate the judgment and dismiss the superseding indictment against Job Torres Hernandez. In this case, a jury concluded Mr. Torres Hernandez was guilty of multiple crimes, and the district court entered a criminal judgment against Mr. Torres Hernandez based upon that verdict. During the pendency of Mr. Torres Hernandez’s appeal to the Ninth Circuit Court of Appeals, we learned of circumstances leading us to the firm conclusion that at this point only a dismissal would meet the interests of justice. It is a serious step for the United States to dismiss criminal charges. Likewise, it is the solemn duty of the United States to seek justice in all its cases, and to evaluate the appropriateness of its charges throughout the course of the proceedings.
OAKLAND - Job Torres Hernandez was sentenced to 103 months in prison and was also ordered to pay $919,738.64 of unpaid wages in restitution, after being convicted earlier this year on charges that he obtained forced labor from victims and harbored illegal aliens for commercial advantage or private financial gain, announced United States Attorney David L. Anderson and Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin. The sentence was handed down today by the Honorable Jeffrey S. White, U.S. District Judge.
Torres, 38, of Hayward, Calif., was convicted of the charges on March 18, 2019, after a 10-day jury trial. The evidence at trial demonstrated that since at least May 2015, Torres owned construction companies in Northern California at which he employed workers to whom he paid little to nothing for their labor. Torres recruited workers from Mexico to work for his construction companies and then refused to pay them the wages they had earned. Further, Torres knew the workers had come to, entered, and remained in the United States in violation of law; he kept the workers in squalid conditions and shielded them from detection while making them work as long as 24 consecutive hours at a time. Many victims testified at trial, with the assistance of an interpreter, about how Torres treated them. Witnesses testified that Torres paid them far less than what he had promised to pay them, and when they complained, Torres threatened them or their family members. Specifically, the evidence demonstrated Torres warned his victims that if they reported him, then he would harm them physically, have associates in Mexico harm their family, or have them deported. The evidence also demonstrated that Torres told his victims that if they went to police or filed suit against him, no one would believe them. In addition, Torres housed dozens of workers on makeshift beds in a commercial warehouse in Hayward and other properties including a garage in Hayward. The workers had limited access to toilets and showers, and at times, the properties were locked, preventing the workers from leaving. The evidence demonstrated Torres harbored these individuals for the purpose of obtaining an advantage in the construction industry and for his private financial gain.
On December 6, 2018, a federal grand jury handed down a superseding indictment, charging Torres with one count of harboring illegal aliens for commercial advantage or private financial gain, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(iii) and (B)(i), and one count of forced labor, in violation of 18 U.S.C. § 1589(a). The jury convicted Torres of both counts.
Torres was remanded into custody on the day the jury rendered its verdict, and he remains in custody pending assignment to a Bureau of Prisons facility. He was also sentenced to a three year term of supervised release to begin at the conclusion of his prison term.
Assistant U.S. Attorneys Ravi T. Narayan and Jonathan U. Lee are prosecuting the case with the assistance of Vanessa Quant, Jessica Rodriguez Gonzalez, and Kimberly Richardson. The prosecution is the result of an investigation by the Department of Homeland Security’s Human Trafficking Unit; Department of Labor’s Wage and Hour Division; and the San Francisco Police Department’s Special Victims Unit.
Hartford Man Sentenced to 7 Years in Federal Prison for Distributing Heroin and FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that CARLOS DIAZ, 43, of Hartford, was sentenced yesterday by U.S. District Judge Stefan R. Underhill in Bridgeport to 84 months of imprisonment, followed by four years of supervised release, for distributing heroin and fentanyl.
According to court documents and statements made in court, in August and September 2017, the FBI’s Northern Connecticut Violent Crime Gang Task Force and Hartford Police made a total of eight controlled purchases of heroin and fentanyl from Diaz and his associate, Louis Serrano, in the rear parking lot of an apartment complex on Elliott Street in Hartford. Diaz typically took the order for the drugs and negotiated the price, and then instructed the purchaser to meet Serrano, who delivered the drugs and accepted the payment.
Diaz was arrested on September 28, 2017. On that date, a search of his residence revealed approximately 700 grams of raw unprocessed heroin, more than 5,000 bags of heroin and/or fentanyl, three digital scales, and other items used to process and package narcotics for street sale.
Diaz has been detained since his arrest. On June 11, 2018, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, 100 grams or more of heroin and a quantity of fentanyl.
Serrano, 25, pleaded guilty to the same charge on March 22, 2018, and awaits sentencing.
The FBI Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
Groveton Man Sentenced to 65 Months for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – Robert McLain, 27, of Groveton, New Hampshire, was sentenced on Monday to serve 65 months in prison for participating in a fentanyl drug trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, as a result of an ongoing drug trafficking investigation, agents and task force officers with the Drug Enforcement Administration learned that on March 1, 2018, McLain intended to travel from New Hampshire to a location in Lawrence, Massachusetts to purchase 250 grams of a controlled substance. Agents conducted surveillance in the area of the transaction and observed a known drug trafficker get in the back seat of the car; and after a few minutes, get out again. The vehicle left Massachusetts and agents followed it directly to New Hampshire.
The agents informed a New Hampshire State Trooper patrolling Interstate Route 93 about their surveillance observations. The trooper stopped the vehicle for traffic violations and identified the driver and McLain as the passenger. McLain subsequently admitted to purchasing one gram of fentanyl, which he claimed he swallowed. The owner of the vehicle consented to a search of her car and signed a consent to search form. The troopers found a hidden compartment in the vehicle that contained approximately 240 grams of fentanyl. McLain admitted that he purchased fentanyl in Lawrence and resold the fentanyl in New Hampshire. Over the course of the investigation, McLain ordered approximately 560 grams of fentanyl. McLain also admitted that he traded fentanyl in exchange for a firearm.
McLain directed officers to approximately $11,000 of admitted drug proceeds, and firearms. Officers seized four handguns, a rifle, and ammunition from McLain’s residence. They also seized soda cans that were manufactured with a hidden compartment to conceal narcotics. The cash, firearms, and ammunition were forfeited to the United States.
McLain previously pleaded guilty on October 1, 2018.
“Interstate fentanyl trafficking is causing tremendous damage to communities throughout New Hampshire,” said U.S. Attorney Murray. “In order to protect public safety, we will continue to work closely with our law enforcement partners to identify, prosecute, and incarcerate those who are responsible for bringing this deadly drug into the Granite State.”
“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Mr. McLain accountable for his crimes but serves as a warning to those traffickers who are fueling the opioid epidemic in the Granite State.”
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and
Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky, Seth R. Aframe and Debra M. Walsh.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Four people indicted for two separate armed robberies in Elyria this springRead the Press Release
Four people were indicted for two separate armed robberies in Elyria this spring.
Joseph L. Geiger and Michael A. Ward are accused of using a firearm to rob the Marathon gas station at 503 Huron Street on May 5.
James A. Jackson and Demario J. Horton are accused of using a firearm to attempt to rob the Rally’s at 711 Cleveland Street on June 11.
The cases are otherwise unrelated.
Geiger, 31, of Cleveland, and Ward, 31, of Lorain, are charged with one count of Hobbs Act robbery and one count of using and brandishing a firearm during a crime of violence. Ward is also charged with being a felon in possession of a firearm.
Geiger and Ward are accused of brandishing a firearm while robbing the Marathon gas station on May 5. Ward also allegedly possessed a Valor .325 revolver and three live rounds of .325-caliber ammunition on May 5, despite previous convictions for domestic violence and burglary.
Jackson, 27, of Wickliffe, and Horton, 29, of Cleveland, are charged with one count of attempted Hobbs Act robbery and one count of using and brandishing a firearm during a crime of violence. Horton is also charged with being a felon in possession of a firearm.
Jackson and Horton are accused of brandishing a firearm on June 11 while attempting to rob the Rally’s restaurant. Horton also allegedly possessed a Glock .45-caliber pistol and ammunition, despite a previous conviction for aggravated robbery.
“Anyone who uses a firearm to threaten people who are just trying to earn a living is a danger to our community,” U.S. Attorney Justin Herdman said. “These cases are another example of federal and local law enforcement working together to make us all safer.”
“Customers were simply utilizing their community businesses when these individuals brought danger in the door,” said FBI Special Agent in Charge Eric B. Smith. “The FBI will continue to partner with Elyria PD and our other law enforcement partners to rid the streets of gun toting criminals.”
Elyria Police Chief Duane Whitely said: “These two cases are perfect examples of how the federal government is helping local municipalities make the cities a safer place to be. The Elyria Police Department and the FBI worked together to solve these crimes and then took the cases to the U.S. Attorney’s Office for the indictments.”
These cases are part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The cases were investigated by the Federal Bureau of Investigation and Elyria Police Department. They are being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Fort Smith Woman Sentenced to 5 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Krisa Dawn Durham, age 42, of Fort Smith, Arkansas, was sentenced today to 60 months in federal prison followed by three years of supervised release for her conviction for conspiring to distribute methamphetamine. The Honorable P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, investigators with the DEA Task Force and the Sebastian County Sheriff’s Department learned that Durham had an outstanding warrant for absconding from parole and that she was possibly staying at a Fort Smith motel. Based on this information, investigators set up surveillance at the motel and arrested Durham after finding methamphetamine and scales inside the hotel room where she was staying. Durham admitted to law enforcement officers that the methamphetamine and scales were hers. The DEA laboratory confirmed Durham had approximately 41 grams of actual methamphetamine.
Durham was indicted by a federal grand jury in December 2018. She entered a guilty plea to Count One of the Indictment in February 2019.
This case was investigated by the Drug Enforcement Administration, Fort Smith Police Department, Sebastian County Sheriff’s Office and the 12th/21st Judicial District Drug Task Force. Assistant United States Attorney Kyra Jenner prosecuted the case for the United States.
Fort Smith Man Sentenced to More Than 6 Years in Federal Prison for Felon in Possession of A FirearmRead the Press Release
Fort Smith, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Joseph Shelby, age 33, of Fort Smith, Arkansas, was sentenced today to 77 months in federal prison followed by three years of supervised release for one count of Knowingly Possessing a Firearm After a Felony Conviction. The Honorable P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in July 2018, Shelby was observed driving a white Tahoe erratically in Booneville, Arkansas by Arkansas State Police. The trooper followed the vehicle to initiate a traffic stop. Shelby sped up and fled from the trooper. Shortly thereafter, Shelby lost control of the vehicle, and crashed into a ditch. Shelby attempted to flee on foot, but was apprehended. A search of the vehicle yielded a Taurus, model PT738, .380 caliber pistol, with serial number obliterated, tucked between the driver’s seat, and the center console. Shelby had two prior felony convictions for Robbery and Theft of Property.
Shelby was indicted by a federal grand jury in July 2018, and entered a guilty plea in February 2019.
This case was investigated by the Arkansas State Police, Booneville Police Department, Logan County Drug Task Force and the Bureau of Alcohol, Fire, Tobacco, and Explosives (ATF). Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Former Hoboken City Council Candidate Convicted of Conspiring to Use Mail to Promote Voter Bribery SchemeRead the Press Release
NEWARK, N.J. – A former candidate for the Hoboken City Council was convicted today of conspiring to promote a voter bribery scheme by use of the mail, U.S. Attorney Craig Carpenito announced.
Francis Raia, 67, of Hoboken, New Jersey, was a candidate for Hoboken City Council in 2013. He was convicted of one count of conspiracy to violate the federal Travel Act for causing the mails to be used in aid of voter bribery, contrary to New Jersey state law, during that election. The jury deliberated for one day, following a five-day trial before Senior U.S. District Judge William J. Martini in Newark federal court.
“The defendant in this case tried to rig a Hoboken municipal election by voting multiple times, both for himself and for a ballot question that he supported,” U.S. Attorney Carpenito said. “He did so by deploying his loyal foot soldiers to buy votes from people who he thought were in need of money, and then creating a phony cover story to conceal his tracks. Fortunately, neither federal law enforcement nor the jury was fooled. Today’s verdict underscores this Office’s continued dedication to uncovering, investigating and prosecuting acts of corruption at every level of New Jersey government.”
“The health of our democracy relies on the integrity of our electoral system,” FBI-Newark Special Agent-in-Charge Gregory W. Ehrie said. “When people use corrupt methods to work around that system, it deprives every constituent of their right to be heard through their vote.”
According to documents filed in this case and the evidence at trial:
Under New Jersey law, registered voters are permitted to cast a ballot by mail rather than in person. To receive a mail-in ballot, voters must complete and submit to their County Clerk’s Office an Application for Vote By Mail Ballot (VBM Application). After the VBM Application is processed by the County Clerk’s Office, voters receive a mail-in ballot.
From October 2013 through November 2013, Raia instructed Dio Braxton, Matt Calicchio, Lizaida Camis, and other conspirators who worked for his campaign, to pay certain Hoboken voters $50 if those voters applied for and cast mail-in ballots in the November 2013 Hoboken municipal election. The conspirators provided these voters with VBM Applications and then delivered or mailed the completed VBM Applications to the Hudson County Clerk’s office.
After the mail-in ballots were delivered to the voters, at Raia’s direction, the conspirators went to the voters’ residences and instructed them to vote for Raia and in favor of a ballot referendum that Raia supported that would have loosened rent control restrictions in Hoboken. The conspirators promised the voters that they would be paid $50 for casting their mail-in ballots and told them that they could pick up their checks after the election at Raia’s office in Hoboken. Raia and his workers, including Braxton, Calicchio, Camis, and others, checked the ballots to ensure that voters had voted the way that they had instructed them to vote. Raia and his workers also had the voters sign declarations falsely stating that they had been paid in exchange for working on the campaign, when in fact the voters had been paid for their vote. After the election, the voters received $50 checks from a political consulting firm that was paid by Raia’s political action committee. Those $50 checks were never disclosed on Raia’s publicly filed political action committee election reports.
Braxton and Camis previously pleaded guilty to their roles in the conspiracy. Braxton is scheduled to be sentenced on Sept. 10, 2019, and Camis’ sentencing date has yet to be scheduled. Calicchio previously pleaded guilty to violating the federal Travel Act and is scheduled to be sentenced on Sept. 12, 2019. Raia, Braxton, Calicchio, and Camis each face a maximum penalty of five years in prison and a $250,000 fine.
U.S. Attorney Craig Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Ehrie in Newark, and special agents of the U.S. Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s verdict.
The government is represented by Assistant U.S. Attorney Sean Farrell of the U.S. Attorney’s Office’s Special Prosecutions Division and Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
Former Head Pharmacist at Erie Soldiers and Sailors Home Admits Stealing Controlled SubstancesRead the Press Release
ERIE, Pa. - A resident of Union City, Pennsylvania pleaded guilty in federal court to a charge of violating federal drug laws, United States Attorney Scott W. Brady announced today.
James Frederick Franks, 34, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that while Franks was employed as a chief pharmacist at the Pennsylvania Soldiers and Sailors Home in Erie, he unlawfully obtained more than 12,000 dosage units of controlled substances by fraud for personal use.
Judge Baxter scheduled sentencing for October 15, 2019 at 1:30 p.m.. The law provides for a total sentence of 4 years in prison, a fine of $250,000, 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.
Pending sentencing, the court continued Frank on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of Franks.
Former Arkansas State Senator Jeremy Hutchinson Pleads Guilty to Bribery and Tax Fraud Charges in Multi-District InvestigationRead the Press Release
Former Arkansas State Senator Jeremy Hutchinson pleaded guilty today before U.S. District Judge Kristine G. Baker to accepting multiple bribes and tax fraud in connection with a multi-district investigation spanning the Eastern and Western Districts of Arkansas and the Western District of Missouri.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Cody Hiland for the Eastern District of Arkansas, U.S. Attorney Duane (DAK) Kees for the Western District of Arkansas and U.S. Attorney Timothy A. Garrison for the Western District of Missouri made the announcement.
Hutchinson, 45, of Little Rock, Arkansas, was previously a state senator and representative prior to resigning after he was charged in the Eastern District of Arkansas in a 12-count federal grand jury indictment with eight counts of wire fraud and four counts of filing false tax returns. The indictment alleges that from 2010 through 2017, Hutchinson stole and misappropriated thousands of dollars in state campaign contributions for his own personal use and then filed false federal income tax returns from 2011 to 2014 to conceal his conduct. Hutchinson was also previously charged in a 32-count federal grand jury indictment in the Western District of Missouri for his role in a multi-million-dollar public corruption scheme that involved embezzlement, bribes and illegal campaign contributions for elected public officials. Pursuant to his plea agreement, Hutchinson agreed to plead guilty to Count 1 of the Western District of Missouri superseding indictment, charging him with conspiracy to commit federal program bribery; Count 9 of the Eastern District of Arkansas indictment, charging him with filing a false tax return; and to an information filed in the Western District of Arkansas, charging him with conspiracy to commit federal program bribery.
As part of his plea, Hutchinson admitted that he was hired as outside counsel by an unidentified individual who owned and operated orthodontic clinics throughout the State of Arkansas, and in exchange for payments and legal work, Hutchinson pushed legislation beneficial to the individual. Hutchinson admitted that he was provided legal work to conceal the corrupt nature of his arrangement and that he would have never been hired by the individual if not for his position as an elected official. Hutchinson further admitted as part of his plea that in 2011, he stole over $10,000 in state campaign funds for his own personal use and also falsified his 2011 tax returns, including failing to report $20,000-per-month-payments he received from one law firm and other sources of income he knowingly and intentionally concealed from his taxes.
Count 1 of the Western District of Missouri superseding indictment, which Hutchinson, pursuant to his plea agreement, is expected to plead guilty to after today’s hearing before Judge Baker, alleges that Hutchinson and other elected officials accepted bribes in the form of monthly legal retainers and other things of value, from employees and executives of Preferred Family Healthcare Inc. (formerly known as Alternative Opportunities Inc.), a Springfield, Missouri-based healthcare charity. In exchange for the bribes, Hutchinson admitted that he and other elected officials provided favorable legislative and official action for the charity, including directing funds from Arkansas’s General Improvement Fund (GIF).
The multi-district investigation was conducted by the FBI, IRS Criminal Investigations, and the Offices of the Inspectors General from the Departments of Justice, Labor, and the Federal Deposit Insurance Corporation. The cases are being prosecuted by Trial Attorneys Marco A. Palmieri and Sean F. Mulryne of the Criminal Division’s Public Integrity Section; Assistant U.S. Attorneys Stephanie Mazzanti and Patrick Harris from the Eastern District of Arkansas; Assistant U.S. Attorneys Ben Wulff and Aaron Jennen of the Western District of Arkansas and Steven M. Mohlhenrich of the Western District of Missouri.
Former Arkansas State Senator Jeremy Hutchinson Pleads Guilty to Bribery and Tax Fraud Charges in Multi-District InvestigationRead the Press Release
Fayetteville, Arkansas – Former Arkansas State Senator Jeremy Hutchinson pleaded guilty today before U.S. District Judge Kristine G. Baker to accepting multiple bribes and tax fraud in connection with a multi-district investigation spanning the Western and Eastern Districts of Arkansas and the Western District of Missouri.
U.S. Attorney Duane (DAK) Kees for the Western District of Arkansas, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Cody Hiland for the Eastern District of Arkansas and U.S. Attorney Timothy A. Garrison for the Western District of Missouri, made the announcement.
Hutchinson, 45, of Little Rock, Arkansas, was previously a state senator and representative prior to resigning after he was charged in the Eastern District of Arkansas to a 12-count federal grand jury indictment with eight counts of wire fraud and four counts of filing false tax returns. The indictment alleges that from 2010 through 2017, Hutchinson stole and misappropriated thousands of dollars in state campaign contributions for his own personal use and then filed false federal income tax returns from 2011 to 2014 to conceal his conduct. Hutchinson was also previously charged, in a 32-count federal grand jury indictment, in the Western District of Missouri, for his role in a multi-million-dollar public corruption scheme that involved embezzlement, bribes and illegal campaign contributions for elected public officials. Pursuant to his plea agreement, Hutchinson agreed to plead guilty to Count 1 of the Western District of Missouri superseding indictment, charging him with conspiracy to commit federal program bribery; Count 9 of the Eastern District of Arkansas indictment, charging him with filing a false tax return; and to an information filed in the Western District of Arkansas, charging him with conspiracy to commit federal program bribery.
As part of his plea, Hutchinson admitted that he was hired by an unidentified individual as outside counsel, and in exchange for payments and legal work, Hutchinson pushed legislation beneficial to that individual. Hutchinson admitted that he was provided legal work to conceal the corrupt nature of his arrangement and that he would have never been hired if not for his position as an elected official. Hutchinson further admitted as part of his plea that in 2011, he stole over $10,000 in state campaign funds for his own personal use and also falsified his 2011 tax returns, including failing to report $20,000-per-month-payments he received from one law firm and other sources of income he knowingly and intentionally concealed from his taxes.
Count 1 of the Western District of Missouri superseding indictment, which Hutchinson, pursuant to his plea agreement, is expected to plead guilty to after today’s hearing before Judge Baker, alleges that Hutchinson and other elected officials accepted bribes in the form of monthly legal retainers and other things of value, from employees and executives of Preferred Family Healthcare Inc. (formerly known as Alternative Opportunities Inc.), a Springfield, Missouri-based, healthcare charity. In exchange for the bribes, Hutchinson and other elected officials allegedly provided favorable legislative and official action for the charity, including directing funds from Arkansas’s General Improvement Fund (GIF).
“As I have indicated previously, the investigation into the rampant pay to play corruption scheme present in our state capitol is ongoing,’ said the United States Attorney for the Western District of Arkansas, Duane DAK Kees, “This plea represents a serious watershed in exposing this use of sham retainers and consulting arrangements to influence the passage of law. The previous pleas and convictions uncovered the use of these arrangements in the distribution of GIF funds, youth lock-up facilities, and Medicaid expansion, but this revelation makes clear that it affected far more than that. The unprecedented cooperation between the two districts of the State of Arkansas, the Western District of Missouri, and the Public Integrity Section of the Department of Justice has brought the necessary resources to bear to bring this troubling conduct into deserving public scrutiny.”
The multi-district investigation was conducted by the FBI, IRS Criminal Investigations, and the Offices of the Inspectors General from the Departments of Justice, Labor, and the Federal Deposit Insurance Corporation (FDIC). The cases are being prosecuted by Trial Attorneys Marco A. Palmieri and Sean F. Mulryne of the Criminal Division’s Public Integrity Section; Assistant U.S. Attorneys Stephanie Mazzanti and Patrick Harris from the Eastern District of Arkansas; Assistant U.S. Attorneys Ben Wulff and Aaron Jennen of the Western District of Arkansas; and Steven M. Mohlhenrich of the Western District of Missouri.
Florida Company Barred from Using Experimental Stem Cell Drugs on PatientsRead the Press Release
A federal court ordered a Florida company claiming to offer stem cell treatments to stop selling or providing such products to patients, the Justice Department announced today.
In a complaint filed May 9, 2018, the United States alleged that defendants Kristin Comella, US Stem Cell Clinic Inc., and US Stem Cell LLC, of Sunrise, Florida, marketed “stromal vascular fraction” (SVF) products as stem-cell-based treatments for a host of serious conditions and diseases, including Parkinson’s disease, spinal cord injuries, stroke, and traumatic brain injury. According to the complaint, the defendants made such claims without approval by the Food and Drug Administration (FDA) and without proof of safety and efficacy. On June 3, District Judge Ursula Ungaro of the Southern District of Florida granted the government’s motion for summary judgment and denied a similar motion by the defendants, finding that the SVF products must comply with the Food, Drug, and Cosmetic Act (FDCA). On June 25, the Court entered a permanent injunction barring the defendants from selling or providing SVF products absent FDA approval.
“Clinics that purport to treat patients with unproven, experimental products must follow the law,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work with the FDA to ensure that manufacturers of experimental therapies conduct their research within the safe and legal bounds for drug innovation.”
“The Food, Drug, and Cosmetic Act is designed to protect the public health, and we are pleased that the Court found that the defendants in this instance are not exempted from FDA regulation,” said U.S. Attorney for the Southern District of Florida Ariana Fajardo Orshan. “This Office will continue our efforts to safeguard the public and individuals and corporations should be guided by this ruling and ensure that they comply with FDA standards.”
In ruling on summary judgment, the Court found that the defendants’ SVF product, which they manufactured from patients’ adipose (fat) tissue, was a drug subject to the FDCA. The Court further found that the defendants’ drug was misbranded because it did not bear adequate directions for use, and adulterated because the defendants did not comply with current good manufacturing practice (CGMP) in manufacturing the drug. The complaint alleged that the defendants and their affiliates used their unapproved and unlicensed products on thousands of patients and that, in some cases, adverse events that harmed patients followed treatment with the SVF products. According to the complaint, no credible scientific evidence supported the claims the defendants made that their products cure, mitigate, or prevent the conditions they purportedly treated.
“In the case against US Stem Cell Clinic, the clinic and its leadership put patients at serious risk through their disregard of the law and prior FDA warnings. This injunction is an important step in protecting patients from bad actors,” said Acting FDA Commissioner Ned Sharpless, M.D. “We are committed to continuing to pursue actions against those who put patients in harm’s way by marketing unapproved stem cell products that skirt FDA’s regulations and federal law.”
The matter is being handled by Trial Attorney Roger J. Gural of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney James A. Weinkle of the U.S. Attorney’s Office for the Southern District of Florida and Associate Chief Counsel for Enforcement Michael Helbing of the U.S. Department of Health and Human Services’ Office of General Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit its website at https://www.justice.gov/usao-sdfl.
Fentanyl Dealer Pleads Guilty to Drug ConspiracyRead the Press Release
CHARLOTTE, N.C. – Fentanyl dealer Dennis Darnell Sturdivant, 39, of Charlotte, appeared before U.S. Magistrate Judge David C. Keesler today, and pleaded guilty to drug trafficking conspiracy, possession with intent to distribute Fentanyl, and distribution and possession with intent to distribute Fentanyl, announced the U.S. Attorney’s Office for the Western District of North Carolina. Sturdivant, a designated Career Offender, is facing a mandatory minimum sentence of 120 months in federal prison. A sentencing date has not been set.
According to filed plea documents and today’s plea hearing, in 2015, the Charlotte Mecklenburg Police Department (CMPD) learned that Sturdivant was selling heroin and Fentanyl in the greater Charlotte area. Court records show that between 2015 and up until he was arrested in October 2018, Sturdivant made multiple Fentanyl drug sales, and sold approximately forty-seven (47) grams of Fentanyl. According to today’s plea hearing and admissions he made in court, Sturdivant was on supervised release for a previous federal drug conviction when he was arrested on the new charges. As part of the plea agreement, Sturdivant also forfeited over $88,000 in drug proceeds, found inside his residence.
According to the Drug Enforcement Administration (DEA), Fentanyl is a synthetic opioid that is 80-100 times stronger than morphine. Fentanyl is added to heroin to increase its potency, or be disguised as highly potent heroin. Clandestinely-produced Fentanyl is primarily manufactured in Mexico. Many users believe that they are purchasing heroin and actually do not know that they are purchasing Fentanyl, often resulting in overdose deaths. Additional information including a Fentanyl fact sheet can be found here.
U.S. Attorney Andrew Murray Announces the Western District’s Heroin and Opioid Prevention and Enforcement (H.O.P.E.) Task Force
Today, U.S. Attorney Murray announced the formation of the Western District’s Heroin and Opioid Prevention and Enforcement (H.O.P.E.) Task Force. This multi-agency team of experienced federal and state investigators located in the Western District of North Carolina will work with federal criminal prosecutors and attorneys to identify abusive practices by participants in the opioid pharmaceutical supply chain, and prosecute drug trafficking networks that distribute lethal heroin and opioids into our communities. The H.O.P.E. Task Force brings together multiple federal and state agencies to bring the full force of criminal, civil, and administrative enforcement efforts against doctors, pharmacies, pill mills, and other participants in irresponsible and reckless distribution of opioids in the Western District.
The Task Force will focus on coordinating investigations, information sharing, identifying trends throughout the region, investigating whistleblower complaints, and the creation of cross-agency investigative teams so each agency task force member can bring its area of expertise on investigations.
The Task Force builds upon existing partnerships between the agencies, and its work reflects a heightened effort to reduce heroin and opioid abuse, to increase prevention through outreach efforts, and to educate the public about the dangers of counterfeit drugs, heroin abuse and opioid addiction.
In making today’s announcement, U.S. Attorney Murray thanked the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service – Criminal Investigation Division, the Department of Health and Human Services – Office of the Inspector General, the U.S. Postal Inspection Service, the North Carolina State Bureau of Investigation, the North Carolina Medicaid Investigations Division, and the North Carolina Department of Insurance, among others, which are members of the H.O.P.E. Task Force.
“The mission of the H.O.P.E. Task Force is to save lives,” said U.S. Attorney Murray. “Heroin and opioid abuse are a real public health crisis that threatens the stability of our communities. We must act now. I want to thank all partner agencies on the task force for contributing their unique expertise and resources in our fight against this epidemic, and for their unwavering commitment to protecting our communities from the devastation of heroin and opioid abuse and addiction.”
U.S. Attorney Murray also thanked CMPD for handling the investigation into Sturdivant, with the assistance of the DEA. Assistant United States Attorney Sanjeev Bhasker, of the U.S. Attorney’s Office in Charlotte, is in charge of Sturdivant’s prosecution.
Federal Jury Convicts Ramona Man for Heroin Distribution Resulting in DeathRead the Press Release
NEWS RELEASE SUMMARY – June 25, 2019
SAN DIEGO – Maxwell Joseph Gaffney, aged 25, of Ramona, California, was convicted by a federal jury late yesterday of distributing the heroin that resulted in the death of Kyle J. Rodriguez, who was 23 years old when he overdosed. The verdict, delivered after two hours of jury deliberations, followed a week-long trial before U.S. District Judge Michael M. Anello.
Evidence at trial revealed that on February 17, 2017, after months of sobriety confirmed by regular random drug screenings, Rodriguez was found by his girlfriend collapsed in the bathroom of his parents’ Ramona home, surrounded by burned aluminum foil, a plastic straw and lighter. These were familiar signs of Rodriguez’s former life wrestling with substance use disorder. But in February 2017, Rodriguez had made positive inroads: he had a full-time job in construction, a girlfriend he was considering marrying, and a rekindled relationship with his father that was formerly splintered by his prior heroin use. When he was found, Rodriguez’s mother, a former cardiac nurse, immediately performed CPR to resuscitate her son. Her efforts and the subsequent efforts of paramedics failed. At 3:03 a.m. that morning, Kyle Rodriguez was gone.
Authorities charged Gaffney after an investigation revealed text messages that established the following: Gaffney had supplied heroin to Rodriguez hours before his collapse; Gaffney had directed Rodriguez to put the money for the heroin into Gaffney’s mailbox; and Rodriguez’s blood contained heroin metabolites at the time of his death. At trial, the defense contended that Rodriguez had another source of heroin supply and that the heroin in Rodriguez’s blood was not the heroin supplied by Gaffney. Further, the defense contended that Rodriguez’s alcohol consumption prior to and during the concert he attended the evening of his death, which resulted in a blood alcohol level of .12, and a combination of other factors, including but not limited to heroin, caused his death.
Both the San Diego Deputy Medical Examiner, Dr. Abubakr Marzouk, and a Board Certified Medical Toxicologist/Emergency Medicine doctor testified for the United States that the actual cause of Rodriguez’s death was the heroin and that, but for his use of heroin, Rodriguez would not have died. In explaining the difference between the impact of the heroin and the alcohol consumed by Rodriguez, the United States’s expert likened the heroin to a “shotgun blast to the heart” and the alcohol to a “pin-prick.” As to the source of the heroin, the email exchange between Gaffney and Rodriguez showed that Gaffney supplied Rodriguez with approximately a half of a gram plus “a little extra B” -- black tar heroin. Neither a search of Rodriguez’s cellular telephone nor other evidence introduced at trial revealed any another consummated heroin transaction by Rodriguez with any other supplier near the time of Rodriguez’s death.
“The U.S. Attorney’s Office will zealously work to hold dealers accountable for overdose deaths that result from their actions,” said U.S. Attorney Robert S. Brewer, Jr. “These purveyors of poisons are killing our citizens and tearing apart the fabric of our families. We must continue to combat the opioid crisis by every possible means at our disposal.”
“The results in this case are a testament to the collaborative efforts of the San Diego County Sheriff's Department and the U.S. Attorney’s Office,” said Lt. Ken Jones of the Sheriff's Ramona Substation. “This is a significant victory as we partner to fight the opioid crisis in our community."
Gaffney is set to be sentenced on September 23, 2019 before Judge Anello. This case was handled in court by Assistant United States Attorneys Timothy Coughlin and Larry Casper.
DEFENDANT Case Number 17-cr-3330-MMA
Maxwell Joseph Gaffney Age: 25 Ramona, California
SUMMARY OF CHARGE TO WHICH GUILTY PLEA ENTERED
Distribution of Heroin Resulting in Death – Title 21 U.S.C. Section 841(b)(1)(C)
Maximum Penalty – Mandatory Minimum of 20 years and a maximum of life
INVESTIGATING AGENCIES
San Diego Sheriff’s Department
San Diego Sheriff’s Department Regional Crime Lab
San Diego Medical Examiner’s Office
San Diego District Attorney’s Office
United States Attorney’s Office
Federal Awards Ceremony honors efforts of Federal Law Enforcement partnersRead the Press Release
INDIANAPOLIS- On Wednesday, June 19, 2019 at 3:30 p.m. the SDIN and Federal law enforcement acknowledged the pursuit of excellence demonstrated by federal Special Agents, Task Force Officers, Analysts, and Victim/Witness Coordinators. The ceremony and all day training was sponsored by United States Attorney Josh J. Minkler and held at the Indiana War Memorial.
The awards were broken down by three categories: Innovation, Perseverance, and Trailblazer.
The first group of individuals recognized for their perseverance are responsible for the indictment of 17 drug traffickers for drug distribution conspiracy, firearms violations, money laundering and murder for hire. The AUSA and Agent Award recipients are as follows:
- AUSA Michelle Brady
- John Grindean, DEA
- Erik Collins, DEA
- Derek Root, DEA
- Barbara Johnson, DEA
- Noel Kinney, DEA
- Sam Chandler, DEA
- Jeff Eig, DEA
- James Howe, IRS
- DeMarcus Calhoun, USPIS
- Amy Ewing, ATF
While their perseverance is eminent, these individuals are not alone in their willingness to persevere. In the US v. Craig Nichols case, AUSA Tiffany Preston among three others were given an award for perseverance. Public corruption matters often require perseverance, patience and dogged determination. The agents nominated below demonstrated these and other remarkable qualities in the matter.
- Glenn Carlson, FBI
- Tim Kempf, FBI
- Brian Monahan, FBI
Just as criminals are determined to commit crimes, the AUSAs and agents in the US v. Warren, ET AL., (“THE MOB”) were determined to reduce the number of pharmacy robberies in Indiana. In 2015, the State of Indiana led the nation in pharmacy robberies, and 10 individuals were driven to reducing that number by using a tremendous amount of resources and time:
- AUSA Brad Blackington
- AUSA Peter Blackett
- Leonard Rothermich (FBI)
- Steven Secor (FBI)
- Cassandra Jones (ATF)
- Brian Taylor (ATF)
- Billy Lane (DEA)
- Jeremy Ingram (IMPD)
- Daniel Cherry (IMPD)
Perseverance and determination is not unheard of in the world of federal agents and AUSAs, but those who display it deserve to be recognized. In the US v. Goelz case, every lead was investigate by interviewing people in a respectful and strategic matter. Through such practice the criminal was found guilty and evidence was recovered which allowed the attorneys and agents on the case to charge Goelz with a federal offense of sexual exploitation of a minor. The AUSA and Agent Perseverance award recipients are as follows:- AUSA MaryAnn Mindrum
- John Pirics, HIS
- Michael Johnson, HIS
The last perseverance award is attributed to the AUSA and special agent on the US v. Williams case. Special Agent Launa Hunt, ATF took a case where all that was found was one bullet on the Defendant’s person and turned it into a prosecutable case. The AUSA who prosecuted the case is Abhishek Kambli.
Perseverance is significant, but it is not the only characteristic that is appreciated. AUSA Kristina Korobov and FAUSA Cynthia Ridgeway prosecuted the case US v. MAHMOUD, ET AL- Prosecuting ten white collar defendants engaged in a pattern of racketeering yielding the district’s first white collar RICO Conspiracy stemming from activity that spanned several years and three distinct but related fraud schemes as well as money laundering. Korobov and Ridgeway were given a reward for innovation, alongside the following people:
- Doug Kasper, FBI
- Charmaine Barfield, FBI
- Chris Knight, FBI
- Joseph J. De St. Jean, USPIS
- Dan Taylor, USPIS
- Marcy Ralston, US Social Security, OIG
- Bryan Reed, IMPD
Stories about perseverance and innovation should continue to be told, but stories about those who go the extra mile should become more prominent than what they are currently. Many stories go untold about agents who go the extra mile to blaze trails, from which the light overshadows dark corners where criminals lie in wait. Special Agent Leonard Rothermich showed his willingness to be a trailblazer throughout the US v. Ingram case. Rothermich was able to gather nearly a dozen FBI agents to help him read and listen to any evidence that was uncovered. After reviewing the evidence in its entirety, there was enough to present in court and the witnesses were able to give a truthful and accurate testimony. The other individuals who worked alongside Rothermich was AUSA Nick Linder and AUSA Lawrence Hilton.
These three are not the only trailblazers. The following individuals are a part of the project safe childhood team. These agents and attorneys work to investigate sex trafficking, victim support and have brought several criminals to just since 2015. They treat the victims and witnesses with the utmost respect and are able to connect with the victims who have otherwise been discarded from society. These individuals are as follows.- AUSA Kristina Korobov
- Michelle Bartelson, FBI
- Gabe Cuevas, FBI
- Elizabeth Carlson, FBI
- Sarah Abdullah, Victim Specialist
The Evansville DEA Team, Doug Freyberger and Lauren Wheatley are being given an award for trailblazing characteristics. Freyberger has been leading the EV Branch of DEA for several years, quietly bringing some of the most consequential drug task force matters in the district. This small but mighty unit operates in harmony and their impact on the district is significant.
All trailblazers are appreciated. Matt Holbrook (DEA), Eric Sills (IRS), and Kristen Schumacker (DEA). These three individuals equate an investigative team with an exceptional example of seamless prosecution who have brought several criminals to justice.
Perseverance, innovation and trailblazer are all awards that have different trait, but what they have in common is the need to be recognized and commended.
Eagle Butte Man Sentenced for ArsonRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Arson was sentenced on June 17, 2019, by U.S. District Judge Roberto A. Lange.
Shane Taken Alive, age 28, was sentenced to 72 months in federal prison, followed by 4 years of supervised release. The Defendant was ordered to pay $572,506.50 in restitution to the victim of the arson, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Taken Alive was indicted by a federal grand jury on July 18, 2017. He pled guilty on March 19, 2019.
The conviction stemmed from an incident on April 12, 2017, when Taken Alive got into an argument with an individual and walked to the school in Takini, South Dakota, where he broke a window to get inside and set fire to one of the school buildings.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Taken Alive was immediately turned over to the custody of the U.S. Marshals Service.
Drug Runner Admits He Attempted to Distribute Three Kilos of Meth Across State LinesRead the Press Release
MACON – A Florida man who was caught moving 2,980 grams of methamphetamine during a traffic stop on I-75 admitted his guilt in federal court Monday, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Daniel Carachure, 31, of Bradenton, FL pleaded guilty to one count of Possession with Intent to Distribute Methamphetamine before the Honorable Marc Treadwell on June 24, 2019. Mr. Carachure faces a maximum sentence of 20 years imprisonment, a $1,000,000 fine, or both, and up to three years supervised release.
According to the facts in his signed plea agreement, Mr. Carachure was a passenger in a vehicle that was pulled over during a routine traffic stop along I-75 in Butts County on January 14, 2019. A Butts County deputy smelled marijuana, and during a legal search of the vehicle, the smell of burnt marijuana grew stronger and marijuana residue was seen on the floor of the vehicle. The officer then found a red shopping bag with three bundles wrapped in plastic wrap. The bundles were later tested by the DEA laboratory and confirmed to be 2,980 grams of d-Methamphetamine Hydrochloride with a purity of 100%. Mr. Carachure admitted the narcotics belonged to him and that he was moving three kilos of methamphetamine from Atlanta to Florida, where he had a buyer waiting to purchase the illegal drugs.
“The defendant was caught moving a large quantity of methamphetamine for his profit, at the ruin of many others who are hooked on this drug, and will now have to pay the price for his crime,” said Charlie Peeler, the U.S. Attorney. “Getting illegal, deadly drugs out of our communities is a constant battle for the law enforcement community. I want to thank the Butts County Sheriff’s Office for their work protecting our citizens.”
The case was investigated by the Butt’s County Sheriff’s Office and the DEA. Assistant United States Attorney Elizabeth Howard prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
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Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Luis Marcial Peguero-Espinal, 38, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 57 months in prison and will be subject to deportation upon completion of his sentence. In March 2019, Peguero-Espinal pleaded guilty to one count of illegal reentry of a deported alien.
On May 23, 2018, law enforcement officers encountered Peguero-Espinal and determined him to be unlawfully present in the United States. Peguero-Espinal was previously deported on June 16, 2011, and Sept. 19, 2017.
United States Attorney Andrew E. Lelling and Charles D. Marcos , Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Criminal Division prosecuted the case.
District Man Pleads Guilty to Multiple Identity Thefts in Years-long Scheme to Fraudulently Obtain Unemployment BenefitsRead the Press Release
WASHINGTON – Thelmiah Lee, 68, of Southeast Washington, D.C., pled guilty last week to charges stemming from his involvement in a scheme to fraudulently obtain thousands of dollars in unemployment benefits from the District of Columbia, announced U.S. Attorney Jessie K. Liu.
Lee pled guilty, mid-trial, on June 18, 2019, in the Superior Court of the District of Columbia, to two felony counts of first degree identity theft, and admitted to his conduct in fraudulently obtaining unemployment benefits from the District of Columbia over a four-year period.
As part of his plea, Lee agreed to a term of incarceration between 42 and 96 months and agreed to return more than $16,000 in cash that law enforcement seized at the time of his arrest. The cash will be delivered to his victims as partial compensation for their losses.
According to the government’s evidence, beginning in 2012 and continuing until his arrest in July 2016, Lee stole the identities of two victims: his own brother, and another man. Lee used those identities and his victims’ personal identifying information to fraudulently submit and obtain nearly $25,000 in unemployment benefits from the District of Columbia. Lee took steps to mask his identity as the actual recipient of those funds, and he received the benefits on debit cards—which he used at various businesses. Over the course of a multi-year investigation, detectives of the Metropolitan Police Department, agents from the D.C. Office of Inspector General, and claims examiners from the D.C. Department of Employment Services worked together to interview victims, identify Lee, and gather evidence of his identity thefts—as well as his submission, receipt, and use of the unemployment benefits. On July 22, 2016, law enforcement executed a search warrant at Lee’s residence, which he had fraudulently rented using the name of his brother. During the search, law enforcement recovered more than $16,000 in cash, along with multiple licenses, tax documents, and other confidential materials belonging to Lee’s victims.
On June 17, 2019, the trial for this case began in the Superior Court for the District of Columbia. The following day, after opening statements and the testimony of multiple victims, Lee entered a negotiated guilty plea to two felony counts. The Court ordered that Lee be detained pending sentencing, scheduled for September 13, 2019.
In announcing the plea, U.S. Attorney Liu commended the work of the Metropolitan Police Department, Office of Inspector General, and D.C. Department of Employment Services detectives, agents, and claims examiners who investigated the case. U.S. Attorney Liu also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorney William Schurmann, who investigated and tried the case, as well as Paralegal Rommel Pachoca, Legal Assistant Emma Atlas, and Litigation Technology personnel Paul Howell and Leif Hickling.
District Man Found Guilty of First Degree Burglary and Other Charges in Home Invasion in Northwest WashingtonRead the Press Release
WASHINGTON – Tremaine McDowell, 37, Washington, D.C., was found guilty by a jury yesterday of burglarizing an apartment in Northwest Washington, announced U.S. Attorney Jessie K. Liu.
McDowell was found guilty of one count of first-degree burglary and two counts of theft. The verdict followed a trial in the Superior Court of the District of Columbia. McDowell will remain in custody pending his sentencing on August 20, 2019, by the Honorable Judge Robert Okun.
According to the government’s evidence, on September 26, 2018, McDowell entered an apartment located at 3003 Van Ness Street NW at approximately 3:45 a.m. McDowell was in the apartment for 45 minutes while the victims, a married couple and their 2-year-old child, were asleep in a back bedroom. The victims were unaware of the burglary until they viewed footage from their home security camera two days later. The security footage showed McDowell entering the apartment from the front door. McDowell then proceeded to search a desk, which was located next to the front door and then moved to the kitchen area. He used a flashlight to search the kitchen area and as he went through the victim’s purse. After McDowell left the kitchen, he went to the living room, which was out of the security camera’s view. When McDowell returned to the kitchen area, he was seen carrying an item. He left the apartment through the front door, and it was later determined that McDowell had stolen a laptop and an I-Phone 6Plus.
In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also applauded the work of Assistant U.S. Attorneys Rachel Forman and Colleen Kukowski who investigated and prosecuted the case.
Detroit Men Sentenced to Federal Prison for Heroin OffenseRead the Press Release
HUNTINGTON, W.Va. – Two Detroit men were sentenced to federal prison for heroin trafficking crimes, announced United States Attorney Mike Stuart.
“Far too many Detroit drug dealers have come to Huntington to peddle their poisons,” said United States Mike Stuart. “Since the very first day I became United States Attorney, I pledged my support to fighting the onslaught of out-of-state drug dealers causing death and destruction in the City of Huntington. We are working tirelessly with our federal, state and local law enforcement partners to prosecute and imprison those that prey on the citizens of Huntington and surrounding area.”
Rudolph Donnell Willis, 45, was sentenced to 48 months in prison, having previously pled guilty to conspiracy to distribute heroin. Between March and June of 2015, Willis received heroin which he delivered on multiple occasions to a residence located at 1751 Buffington Avenue in Huntington. Willis provided the heroin to the occupants of the residence and the occupants would in turn distribute the heroin to various customers. Willis later collected money from the heroin sales at the residence. Law enforcement officers executed a search warrant at the residence on June 29, 2015. Just prior to execution of the warrant, officers observed Willis enter the residence. During the search, Willis and other individuals in the residence were arrested and officers seized heroin, cocaine, and crack cocaine.
Charles Deshawn Lockhart, 27, was sentenced to 24 months in federal prison, having previously pled guilty to conspiracy to distribute 100 grams or more of heroin. Between November of 2014 and May of 2016, Lockhart and others sold heroin in Huntington after it was transported from Detroit. During his participation, Lockhart received quantities of heroin from other individuals which he would sell to various customers. After distributing the heroin, Lockhart would return the proceeds to other individuals. Lockhart admitted that on, November 14, 2014, he possessed approximately 10 grams of heroin in Huntington which he intended to sell. Lockhart also admitted that he sold heroin on multiple occasions during the investigation to confidential informants. As part of his plea agreement, Lockhart admitted that he was responsible for the distribution of up to 400 grams of heroin during his involvement in the conspiracy.
Both of the investigations were conducted by the FBI Drug Task Force and the Huntington Police Department. Assistant United States Attorney Joseph F. Adams handled the prosecutions. United States District Judge Robert C. Chambers imposed the sentences.
These cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Defendant in Gaithersburg Drug Distribution Conspiracy Sentenced to More Than 12 Years in Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Leandro Acevedo Lozada, age 34, of Gaithersburg, Maryland to 150 months in federal prison, followed by five years of supervised release, for a conspiracy to distribute fentanyl, heroin, and cocaine and being a felon in possession of a firearm.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jesse R. Fong of the U.S. Drug Enforcement Administration (DEA) Washington Field Division; and Acting Chief Marcus Jones of the Montgomery County Police Department.
“State and federal law enforcement and prosecutors in Maryland are working together to arrest and prosecute those who sell deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur. “We’re also targeting drug dealers who use guns and increase the risk of gun violence in Maryland. Working together with law enforcement partners, we are determined to reduce the number of opioid related deaths in Maryland.”
According to his plea agreement, from at least January 2017 through February 2017, Lozada, a/k/a “Dro,” conspired with Bradley Wade Seabolt and others to distribute fentanyl, heroin, and cocaine through street-level drug dealers.
Although Lozada was not certain of the exact chemical compounds contained in opioids he sold to Seabolt and others, he knew that the substance was bright white in color and very strong. Because of those two features, Lozada suspected that it was fentanyl. Because the opioids he sold were so strong, Lozada used powdered sugar to dilute them, in an effort to both expand its volume, and thus his profit, as well as to make it safer for his customers.
On January 11, 2017, emergency medical personnel responded to Victim A’s residence in Montgomery County, Maryland, where they found Victim A unresponsive. Victim A had ingested a quantity of a substance containing both acetyl fentanyl and fentanyl distributed by Seabolt, who acquired it from Lozada. Victim A was taken by ambulance to Shady Grove Adventist Hospital, where he/she was later pronounced deceased.
The Office of the Chief Medical Examiner for the State of Maryland determined that Victim A’s death resulted from fentanyl, acetyl fentanyl, and cocaine intoxication. The fentanyl and acetyl fentanyl ingested by Victim A was a but-for cause of Victim A’s death.
On February 17, 2017, law enforcement executed search warrants at two locations, a residence in Damascus, Maryland and a residence in Gaithersburg, Maryland, where Lozada spent time during the course of this conspiracy and kept various property.
Collectively, officers seized approximately 147 grams of a substance that contained detectable amounts of both fentanyl and acetyl fentanyl; approximately 23 grams of cocaine; a bag of powdered sugar that Lozada used as a cutting agent for his opioids; $4,452.00 in U.S. currency; a digital scale that Lozada used to weigh and process his narcotics for sale; and a loaded handgun which belonged to Lozada. Lozada knowingly and intentionally possessed the handgun and all of the aforementioned narcotics, which he intended to distribute.
The handgun was manufactured outside of Maryland, and therefore traveled in and affected interstate and foreign commerce prior to Lozada possessing this firearm on February 17, 2017. Prior to February 17, 2017, Lozada had been convicted of a crime punishable by more than one year of imprisonment, which prohibited him from legally possessing the handgun and/or any ammunition.
Co-defendant Bradley Wade Seabolt, age 30, of Gaithersburg, Maryland, was sentenced to 48 months in federal prison, followed by three years of supervised release.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the DEA-Washington Field Division and the Montgomery County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Gregory Bernstein, who is prosecuting the case.
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Convicted Felon Pleads Guilty to Possession of Firearm and Drug TraffickingRead the Press Release
Memphis, TN – A local man has pleaded guilty to possession of firearm and drug trafficking. U.S. Attorney D. Michael Dunavant announced the sentence today.
This case was set for a jury trial on June 24, 2019. However, halfway through the first day of trial, the defendant decided to plead guilty after the judge granted a pretrial motion in the favor of the United States and the United States subpoenaed a crucial eyewitness to the defendant's arrest and had him present outside the courtroom ready to testify.
According to information presented in court, on February 12, 2018, Memphis Police Department patrol officers saw a dark green Nissan Maxima parked and running in a stall of a car wash at 539 East Mallory. It was approximately 30 degrees outside and the car was not being washed. Two officers approached the car and smelled marijuana coming from the vehicle. As officers approached, they saw the driver, later identified as Marcus Franklin, 46, with a plastic bag of marijuana in his hand. He attempted to put the bag in his pocket. Officers asked him to give them the bag of marijuana, and he complied. Franklin was asked to step out of the vehicle and he initially complied.
As the officer placed one handcuff on Franklin, he fled from the scene. The two officers were able to catch the defendant a short distance away, but he resisted arrest and tried to grab the service weapon out of the holster of one of the officers. Franklin then fought his way back to the Maxima and grabbed a Smith & Wesson .40 caliber pistol he kept on the driver's side floorboard. Officers gave commands to comply and the suspect was finally handcuffed and arrested.
The bag of marijuana weighed 16.3 grams. Officers also found a folded $1 bill containing a small amount of cocaine in the pants of one of the other occupants of the vehicle.
The defendant was a convicted felon at the time of these events. A special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reviewed a description of the firearm seized in this case and determined that it was manufactured outside the State of Tennessee, and therefore at some point entered into interstate commerce.
U.S. Attorney D. Michael Dunavant said: "Convicted felons who possess firearms are an inherent danger to the community, and in this case, Franklin continued to possess a firearm and illegal narcotics despite his prior felony conviction history. There is and ought to be a significant consequence for such recidivist criminal behavior, and this is one more armed offender that will be removed from our streets. Gun Crime is Max Time."
Sentencing is set for September 19, 2019 before U.S. District Court Judge Thomas L. Parker, where the defendant faces a maximum sentence of 10 years in federal prison.
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. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Memphis Police Department and Project Safe Neighborhoods.
Assistant U.S. Attorneys J. William Crow and Wendy Cornejo are prosecuting this case on behalf of the government.
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Colorado Doctor Pleads Guilty to Distributing Oxycodone for No Legitimate PurposeRead the Press Release
DENVER – John Van Wu, age 49, of Golden, pleaded guilty today to one count of distributing oxycodone outside the usual course of medical practice and for no legitimate purpose, announced U.S. Attorney Jason Dunn and DEA Denver Division Special Agent in Charge William McDermott. The plea was accepted by U.S. District Court Judge R. Brooke Jackson. Sentencing is scheduled for September 24, 2019 at 8:30 a.m. The defendant was remanded into custody at the end of the plea hearing.
The judge bifurcated the case for trial, and John Van Wu was previously convicted by a jury of mail fraud and obstruction of justice following a one-week trial in April 2018. The illegal prescriptions were the second part of the case. Pursuant to the plea agreement filed in court today, Wu pleaded guilty to the additional charge of distributing oxycodone. According to the facts contained in that plea agreement, Wu illegally prescribed oxycodone to a patient based upon false documentation that a fall down some stairs caused lower back pain so bad that the patient could “barely stand” and was “moving around in his wheelchair.” However, the patient had never used or been confined to a wheelchair and had never used oxycodone. All the prescriptions to that patent (a total 462 oxycodone 30 mg pills) were illegitimate and outside the usual course of medical practice.
The plea agreement contains two provisions designed to ensure that the defendant never again uses his medical training to defraud insurers or put people in harm’s way through the illegitimate distribution of controlled substances. First, the defendant agreed to never again apply for a medical license in any jurisdiction. Second, the defendant agreed to forfeit his medical degree. This latter provision, a first-of-its-kind in a plea agreement, will prevent the defendant from obtaining another medical license even if he violated the first provision.
The case was jointly investigated by the Drug Enforcement Administration and the U.S. Department of Labor Employee Benefits Security Administration. The defendant is being prosecuted by Assistant United States Attorneys Bryan D. Fields and Conor Flanigan.
Chemical plant manager sentenced for polluting a tributary of the ChattahoocheeRead the Press Release
ATLANTA - Carlos Conde has been sentenced for violating the Clean Water Act by instructing employees at the Apollo Industries chemical processing plant in Smyrna, Georgia, to wash carburetor fluid into a tributary of the Chattahoochee River.
“We must ensure that citizens can continue to enjoy the beautiful natural resources we have here in Georgia like the Chattahoochee,” said U.S. Attorney Byung J. “BJay” Pak. “Protecting those resources, and the environment, is part of our mission. We take this responsibility seriously, and we will prosecute those who have no respect for the laws that preserve them for all to use and enjoy.”
“The defendant in this case intentionally contaminated a tributary of the Chattahoochee River, killing fish and damaging the environment,” said Special Agent in Charge Andy Castro of EPA’s Criminal Investigation Division. “This sentencing demonstrates that EPA and its law enforcement partners are committed to protecting our natural resources and the communities that rely upon them.”
According to U.S. Attorney Pak, the charges and other information presented in court: on the evening of August 12, 2016, a batching tank at the Apollo Industries chemical mixing facility in Smyrna, Georgia, began leaking a carburetor cleaner containing naphalene, a toxic and hazardous chemical. The following morning, two workers discovered the spill and called Carlos Conde, the plant manager.
Conde arrived at the plant and instructed the employees to wash the chemical away with water from multiple hoses. The chemical was washed into a tributary of Nickajack Creek and the Chattahoochee River. Conde then twice denied his role in interviews with a Special Agent of the U.S. Environmental Protection Agency. The carburetor cleaner turned the water milky white and opaque and killed the wildlife in the creek, including fish and frogs.
Carlos Conde, 37, of Smyrna, Georgia, was sentenced by Chief U.S. District Judge Thomas W. Thrash, Jr., to 12 months’ probation with the first four months to be served as home detention, a $2000 fine, and a $100 special assessment. Conde was convicted on these charges on January 24, 2019, after he pleaded guilty.
This case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division.
Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of the Complex Frauds Section, prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Charlestown Man Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Charlestown man pleaded guilty yesterday in federal court in Boston to distributing fentanyl out of an apartment in Chelsea.
Cruz Villar, 32, pleaded guilty to one count of distribution and possession with intent to distribute fentanyl and one count of possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 16, 2019.
On June 22, 2018, Villar was observed by law enforcement in a hand-to-hand sale of fentanyl to a customer in a parking lot in Dorchester. After the sale, agents recovered approximately 11 grams of fentanyl from the customer and approximately $1,446 in cash from Villar. A subsequent search of an apartment in Chelsea that Villar had been renting—but in which he had not been residing— resulted in the recovery of approximately 87.4 additional grams of fentanyl, along with components of a drug press, a digital scale, two blenders, bottles of a cutting agent, and packaging materials, including plastic wrap and plastic baggies. In addition, Villar made regular trips from the Chelsea apartment to an address in Mashpee in a manner consistent with the distribution of narcotics.
The charge of distribution and possession with intent to distribute fentanyl provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorney Brian A. Pérez‑Daple of Lelling’s Criminal Division is prosecuting the case.
Butler Woman to Serve a Year in Prison for Maliciously Disclosing Personally Identifiable Health InformationRead the Press Release
PITTSBURGH, PA - A resident of Butler, Pennsylvania, has been sentenced in federal court to one year of imprisonment, followed by three years’ supervised release, on her conviction of wrongfully disclosing the health information of another individual, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Linda Sue Kalina, 62, of Butler, PA. The court further ordered that Kalina have no contact with any of the individuals she victimized during the imposed terms of imprisonment and supervised release.
According to information presented to the court, Kalina worked, from March 7, 2016 through June 23, 2017, as a Patient Information Coordinator with UPMC and its affiliate, Tri Rivers Musculoskeletal Centers (TRMC) in Mars, Pennsylvania. During her employment, contrary to the requirements of the Health Insurance Portability and Accountability Act (HIPAA), Kalina unlawfully accessed the individual health information of 111 UPMC patients, none of whom had been patients of TRMC and many of whom were coworkers, former classmates, and relatives. After her termination from TRMC, she gained employment with Allegheny Health Network, and worked, from July 24, 2017 to August 17, 2017, as a Patient Access Coordinator, where she again improperly accessed individual health information to which she was not entitled. On August 11, 2017, Kalina disclosed personal health information related to two individuals, with the intent to cause them embarrassment and mental distress. Kalina’s employment with AHN was terminated approximately six days later.
In imposing the maximum sentence called for under the Federal Sentencing Guidelines, the Court offered that Kalina’s conduct was the most egregious of its kind.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the successful prosecution of Kalina.
Buffalo Man Pleads Guilty to Using A Controlled Substance While Possessing A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Kaylen Miller, 22, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to being a user of a controlled substance in possession of firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on September 25, 2018, law enforcement officers executed a search warrant at 45 Easton Avenue in Buffalo, which was where the defendant resided with his mother. As investigators and officers prepared to execute the search warrant, officers observed a window open and an object was thrown from the rear upper window as the search team made entry. The object thrown from the window was identified as a loaded .357 caliber revolver. Miller, who is wheel-chair bound, was inside the living room, which was a room that led to the bedroom from which the firearm was thrown out of the window. DNA consistent with the defendant Miller was located on the revolver.
During the execution of the search warrant, investigators also recovered quantity of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales.
Kaylen Miller has a prior arrest for marijuana possession on August 12, 2013, in Amherst, NY. In addition, on December 19, 2018, during a post-arrest interview with investigators, the defendant was asked about the marijuana recovered on September 25, 2018, during the execution of the search warrant at 45 Easton Avenue. Miller admitted that he was and is an unlawful user of marijuana.
The plea is the result of an investigation by the Bureau of Alcohol. Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for October 17, 2019, at 12:30 p.m. before Judge Arcara.
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Brooklyn Tax Preparer Pleads Guilty to Preparing Fraudulent Tax Returns for Clients and HimselfRead the Press Release
Earlier today, in federal court in Brooklyn, Emerson Gamory pleaded guilty to two counts of aiding in the preparation of false income tax returns for clients, and one count of filing a false income tax return for himself. When sentenced, Gamory faces a statutory maximum of nine years in prison, as well as forfeiture and a fine. The plea took place before United States Magistrate Judge Robert M. Levy.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Richard E. Zuckerman, Principal Deputy Assistant Attorney General of the Justice Department’s Tax Division, announced the guilty plea. Mr. Donoghue and Mr. Zuckerman expressed their grateful appreciation to the Internal Revenue Service-Criminal Investigation for their investigative work on the case.
Gamory owned and operated Emerson Gamory Income Tax Services Inc. (“Gamory Tax”), located in Brooklyn. For the tax years 2012 to 2016, Gamory prepared tax returns for clients that included inflated or fictitious itemized deductions, such as gifts to charity and unreimbursed employee expenses, as well as tax credits for fabricated education expenses, fraudulently reducing clients’ tax liabilities and increasing their refunds. Gamory also prepared false tax returns for Gamory Tax that did not report all gross receipts and tax returns for himself that underreported net profits.
As part of his plea agreement with the government, Gamory admitted causing a tax loss to the United States of greater than $550,000.
The case is being prosecuted by Assistant United States John Vagelatos, Tax Division Assistant Chief Jorge Almonte and Tax Division Trial Attorney Christopher P. O’Donnell.
The Defendant:
EMERSON GAMORY
Age: 53
Canarsie, BrooklynE.D.N.Y. Docket No. 19-CR-268 (CBA)
Brooklyn Tax Preparer Pleads Guilty to Preparing Fraudulent Tax Returns for Clients and HimselfRead the Press Release
Earlier today, in federal court in Brooklyn, Emerson Gamory, 53, pleaded guilty to two counts of aiding in the preparation of false income tax returns for clients, and one count of filing a false income tax return for himself. When sentenced, Gamory faces a statutory maximum of nine years in prison, as well as forfeiture and a fine. The plea took place before United States Magistrate Judge Robert M. Levy.
Richard E. Zuckerman, Principal Deputy Assistant Attorney General of the Justice Department’s Tax Division and Richard P. Donoghue, U.S. Attorney for the Eastern District of New York made the announcement. Mr. Donoghue and Mr. Zuckerman expressed their grateful appreciation to the Internal Revenue Service-Criminal Investigation for their investigative work on the case.
Gamory owned and operated Emerson Gamory Income Tax Services Inc. (Gamory Tax), located in Brooklyn. For the tax years 2012 to 2016, Gamory prepared tax returns for clients that included inflated or fictitious itemized deductions, such as gifts to charity and unreimbursed employee expenses, as well as tax credits for fabricated education expenses, fraudulently reducing clients’ tax liabilities and increasing their refunds. Gamory also prepared false tax returns for Gamory Tax that did not report all gross receipts and tax returns for himself that underreported net profits.
As part of his plea agreement with the government, Gamory admitted causing a tax loss to the United States of greater than $550,000. Sentencing is scheduled for Oct. 18, 2019.
The case is being prosecuted by Assistant United States John Vagelatos, Tax Division Assistant Chief Jorge Almonte and Tax Division Trial Attorney Christopher P. O’Donnell.
Brooklyn Man Pleads Guilty to Securities and Binary Options Fraud SchemeRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Yehuda Belsky, the owner of Brooklyn-based Y Trading, LLC, pleaded guilty to one count of securities fraud, one count of failure to register as a commodities trading advisor and one count of misappropriation of customer funds. The plea was entered before United States District Court Judge Allyne R. Ross. When sentenced, Belsky faces up to 40 years in prison, restitution in the full amount of each victim’s losses, forfeiture of $800,000 and a fine of up to $5 million.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James McDonald, Director, Division of Enforcement, U.S. Commodity Futures Trading Commission (CFTC), announced the guilty plea.
“With his guilty plea today, Belsky is held responsible for deceiving and defrauding investors, and hiding behind an alias to conceal his permanent ban from trading by the CFTC,” stated United States Attorney Donoghue. “This Office, together with our law enforcement partners, will continue to protect the integrity of the financial marketplace from dishonest operators like the defendant.”
In 2008, Belsky was permanently barred by the CFTC from trading in commodity futures transactions and options. Nevertheless, from March 2014 to October 2018, Belsky presented himself to potential investors – using an alias – as an experienced securities and commodities trader. Belsky promised his victims that he would invest their money by trading securities or binary options, a type of investment in which investors are promised an opportunity to be paid predetermined amounts based upon the price of securities, commodities or other investments at particular points in time. Instead of doing as promised, Belsky misappropriated his victims’ investments for his personal use and to reimburse investors who had demanded repayment.
The government’s case is being prosecuted by Trial Attorney Sarah Wilson Rocha of the Criminal Division’s Fraud Section under the supervision of the United States Attorney’s Office, Business and Securities Fraud Section. The Office’s Civil Division is handling forfeiture matters.
The Defendant:
YEHUDA BELSKY (also known as “Jay Bell”)
Age: 47
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-504 (ARR)
Brockton Man Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – A Brockton man pleaded guilty today in federal court in Boston to cocaine distribution.
Chad Benjamin, a/k/a “Life,” 41, pleaded guilty to distribution of 28 grams or more of cocaine base, a/k/a crack cocaine. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 9, 2019.
Benjamin was responsible for distributing approximately 53 grams of cocaine base in June 2018.
This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each of whom had prior convictions for acts of violence, firearm offenses, and/or drug trafficking. It is alleged that many of the Operation Landshark targets are among the top 30 criminal offenders responsible for violent acts and firearms in Brockton.
The charge of distribution of 28 grams or more of cocaine base provides for a minimum of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a $5 million fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachael Rollins; Boston Police Commissioner William G. Gross; and Brockton Police Chief John Crowley made the announcement. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit.
Operation Landshark is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Belcourt, ND, Man Sentenced to 30 Years in Federal Prison for Aggravated Sexual Assault of a Child Under 12 Years OldRead the Press Release
Fargo – First Assistant United States Attorney Nicholas W. Chase announced that on June 24, 2019, U.S. District Judge James M. Moody, Eastern District of Arkansas, sitting by designation, sentenced Calvin Keith Delorme, age 30, Belcourt, ND, to 30 years confinement in a federal prison on the charge of Aggravated Sexual Assault of a Child Under 12 Years, to be followed by lifetime supervised release.
This case came to the attention of law enforcement in March 2014, when a child under Delorme’s care disclosed that he had sexually abused her over a period of several years. The victim stated the abuse occurred on many occasions when the victim was left in the defendant’s care.
This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Assistant United States Attorneys Matthew Greenley and Lori Conroy prosecuted the case.
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Beaumont Family Guilty of Tax Evasion and Laundering of Gambling ProceedsRead the Press Release
BEAUMONT, Texas – A Beaumont businessman, his wife, and son have pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Larry Earnest Tillery, 69, Judy Kay Tillery, 62, and Brian Tillery, 46, all of Beaumont, appeared in federal court today before U.S. Magistrate Judge Keith F. Giblin to enter their pleas to an Information. Larry Tillery pleaded guilty to engaging in monetary transactions in property derived from specified unlawful activity and tax evasion. Judy Tillery pleaded guilty to structuring of financial transactions to evade reporting requirements. Brian Tillery pleaded guilty to engaging in monetary transactions in property derived from specified unlawful activity.
According to information presented in court, Larry Tillery was engaged in the business of accepting illegal wagers on sporting events from 1985 until April, 2017, and was his primary occupation during that time. Tillery owned and operated Daylight Motors, a used car dealership, and Lamar Capital, a holding company for Daylight Motors, and used these two companies as a front to launder illicit proceeds from his illegal gambling enterprise.
Tillery used a website to receive and track wagers from his betting clients, allowing his bettors to place wagers on sporting events, including professional and collegiate basketball, baseball and football games. Judy Tillery assisted her husband in laundering cash proceeds of his illegal bookmaking activities by depositing cash into her personal bank account at Beaumont Community Credit Union in Beaumont, Texas, and then writing checks to bank accounts controlled by her husband. Judy Tillery structured these cash deposits in amounts under $10,000 in an attempt to evade federal currency transaction reporting requirements.
Brian Tillery, Larry Tillery’s son, aided the bookmaking enterprise by collecting money from sports bettors and making payments to bettors on behalf of his father; checking the online wagers on a regular basis to keep Larry Tillery aware of what bets were placed on which games; accepting illegal gambling funds from Larry Tillery and making wire transfers to pay illegal gambling debts for Larry Tillery; and mailing packages of currency in excess of $10,000 via the United States Postal Service at the request of Larry Tillery, which was derived from illegal gambling activities.
Larry Tillery knew that despite the fact that he was violating Texas state and federal law, federal law nonetheless required him to register as a bookmaker with the Internal Revenue Service and to file monthly excise tax returns to report total wagers he accepted during the month. Tillery also knew that he was required to pay gross wagering excise taxes of 2% on wagers he accepted each month. But, Tillery failed to report or pay any taxes to the IRS based on the wagers he accepted each month. During September through November of 2016, Larry Tillery accepted at least 450 wagers totaling $5,060,150. These wagers are subject to the two percent federal gross wagering excise tax and Larry Tillery evaded gross excise wagering taxes of $29,717 in September 2016, $34,423 in October 2016 and $37,063 in November 2016 for a three month total of $101,203.
Between 2011 and 2016, Tillery accepted at least $52 million in illegal wagers on sporting events. Tillery did not report these wagers to the IRS or pay gross excise taxes. The gross wagering taxes that resulted from wagers Larry Tillery accepted between 2011 and 2016 total $1,040,000. This tax due figure includes $101,203 in gross wagering excise taxes listed above in this document for wagers accepted in September 2016 – November 2016.
The investigation traced a total of 125 financial transactions in excess of $10,000 derived from illegal gambling that utilized the United States banking system. These financial transactions totaled more than $32 million between 2010 and 2016.
As part of the plea agreement, Larry and Judy Tillery are agreeing to forfeit $1,738,455 in cash seized during the investigation; numerous luxury watches and pieces of jewelry; and several professional sports memorabilia items. They have also agreed to a money judgment of $32,758,541, representative of illegal wagers the Tillery sports gambling enterprise during the relevant time period.
“The Tillerys ignored state and federal gambling laws, and profited tremendously from a criminal enterprise,” said U.S. Attorney Joseph D. Brown. “We intend to collect every bit of the money judgment that will be issued against them, and we expect Larry Tillery’s prison sentence to send a message to those who profit from illegal bookmaking.”
“For more than 30 years this family operated one of the largest illegal sports gambling and money laundering operations in the U.S.,” said Assistant Special Agent in Charge (ASAC) Mary Magness, Homeland Security Investigations (HSI) Houston. “Today’s pleas underscore HSI’s commitment to aggressively investigate financial crimes and bring offenders to justice.”
“Concealing or transferring assets in an attempt to evade taxes is a crime, and IRS-CI is committed to prosecuting individuals that do so,” said Rusty Lee, Assistant Special Agent in Charge, IRS Criminal Investigation.
As part of his plea agreement, Brian Tillery agrees to forfeit $241,176 in U.S. currency seized during the investigation and a residence valued at approximately $600,000 located on Christina Court in Beaumont. He has also agreed to a money judgment of $700,000.
Under federal statutes, Larry Tillery faces up to 10 years in federal prison. Judy Tillery and Brian Tillery each face up to five years in federal prison. The maximum statutory sentences prescribed by Congress is provided her for information purposes, as the sentences will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the U.S. Probation Office.
This case was investigated by Homeland Security Investigations and the Internal Revenue Service, Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Christopher T. Tortorice and Joseph R. Batte.
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Bath Man Pleads Guilty to Attempting to Have Sex with A 9 Year-Old ChildRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that William C. Read, 33, of Bath, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to the online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Read utilized a social media application in an attempt to meet a nine year-old child for sex. The defendant was intercepted by members of the New York State Police and Department of Homeland Security on October 1, 2018 while on his way to meet the child. Upon his arrest, Read was found to be in possession of condoms and candy, which he intended to give to the child. The defendant also distributed and possessed images of child pornography from a cell phone in his possession.The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 20, 2019, before Judge Geraci.
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Banco Popular Employee Indicted and Arrested for Obstruction of Justice and Making False StatementsRead the Press Release
SAN JUAN, P.R. – On Monday, June 24, 2019, a federal grand jury returned a two-count indictment charging Juan Carlos Díaz-Rodríguez with obstruction of a criminal investigation and making false statements, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The FBI is in charge of the investigation.
According to the allegations in the indictment, on or about September 20, 2018, defendant Juan Carlos Díaz-Rodríguez, an employee of a financial institution, Banco Popular de Puerto Rico, notified Individual A and others, about the existence of, and contents of, a Federal grand jury subpoena for customer records of that financial institution. The subpoena served on Banco Popular de Puerto Rico related to possible crimes involving violations of 18 U.S.C. §§ 1956, 1957 (money laundering). Defendant Díaz-Rodríguez acted with intent to obstruct a judicial proceeding.
On or about June 5, 2019, Díaz-Rodríguez did willfully and knowingly make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States. During a voluntary interview, Díaz-Rodríguez told Special Agents of the FBI that he did not take a photograph of a Federal grand jury subpoena regarding bank records belonging to Individual B and that he, the defendant, did not send a photograph of said Grand Jury Subpoena to anyone.
The statement and representation were false because Díaz-Rodríguez then and there knew that he did take a photograph of the Grand Jury Subpoena, and that he did send a message to Individual A containing a photograph of the Grand Jury Subpoena.
“As we forewarned on April 5 of 2019, this indictment is the result of the federal investigation into the unlawful disclosure of a grand jury subpoena to the press. Grand Jury information is secret for several reasons, to protect the confidentiality of federal investigations and the due process rights of individuals being investigated. The actions taken by this defendant undermine the public’s trust in the integrity of federal investigations and they carry severe consequences,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez.
Douglas A. Leff, Special Agent in Charge of the FBI, San Juan Division stated: “The FBI wants the public to know that interfering with a Grand Jury investigation, be it by leaking confidential information or by lying to Federal Agents or both, is a serious offense that constitutes Obstruction of Justice. Puerto Rico deserves better and this behavior will not be tolerated.”
The case is being prosecuted by Assistant United States Attorneys José Capó-Iriarte and Marie Christine Amy. The defendant is facing a maximum term of imprisonment of five years. An indictment is only an accusation and not evidence of guilt. The defendant is presumed innocent until proven guilty.
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Attorney General William P. Barr Recognizes Federal Prosecutor in Utah for His Volunteer Work with Victims of Domestic ViolenceRead the Press Release
WASHINGTON – Drew Yeates, an Assistant U.S. Attorney in Salt Lake City, received the Attorney General’s Volunteer Award for Community Service Monday recognizing his significant efforts to reduce the rate of domestic violence in Utah. U.S. Attorney General William P. Barr announced the awards Monday. Yeates was honored at a ceremony at the U.S. Department of Justice.
Yeates, a career city, county, and federal prosecutor, was one of three U.S. Department of Justice employees recognized for exemplary community service efforts and the only prosecutor. The Attorney General also presented two Attorney General’s Citizen Volunteer Service Awards to members of the public recognizing their outstanding contributions to the Department’s mission.
“Today we honor these exceptional men and women for their remarkable contributions to protecting and improving their communities,” said Attorney General William P. Barr. “To take only a few examples, they have strived to keep schoolchildren safe, empowered victims of domestic violence, provided inmates with re-entry life skills, and fostered trust between law enforcement and youth. Our awardees’ communities have been made immeasurably better for their efforts. The Department of Justice and a grateful country thank them for their work.”
Although Utah’s homicide rate is one of the lowest in the nation, a disproportionately high number of them involve domestic violence. Domestic violence-related deaths account for approximately 30 percent of murders across the nation. In Utah, it is 44 percent. Women are the most likely victim.
As a prosecutor, Yeates has played a significant role in addressing domestic violence by prosecuting perpetrators of domestic violence, including those in possession of firearms.
Recognizing that most domestic violence criminal prosecutions occur after a victim has been harmed, Yeates was motivated to find a way to protect victims earlier in the process. Since 2012, Yeates has volunteered at the Safe Harbor Crisis Center in Layton, Utah. In his seven years of pro bono service, Yeates has represented more than 200 victims of domestic violence – assisting them in obtaining permanent protective orders in approximately 160 cases.
“We are very proud of the efforts Drew is making to protect victims of domestic violence in Utah communities. He is using civil litigation tools in his pro bono work and his experience as a prosecutor in our office,” U.S. Attorney John W. Huber said today. “He represents the highest values of the Department of Justice in his professional work and exemplary community service efforts.”
Yeates is Deputy Chief of the Criminal Division in the U.S. Attorney’s Office in Salt Lake City.
Armed Drug Dealer Pleads Guilty to Drug and Firearm ChargesRead the Press Release
NEWPORT NEWS, Va. – A Hampton man pleaded guilty today to distributing cocaine and heroin while having a firearm.
According to court documents, Lorenzo Golden, 35, admitted that he had agreed to distribute and distributed more than five kilograms of cocaine and more than a kilogram of heroin, including two heroin sales to law enforcement in February and March, 2018. Golden took over a residence in the 400 block of East Pembroke Avenue and used the residence to distribute cocaine and heroin. In July 2018, law enforcement executed search warrants on the residence and a storage unit connected to Golden. They recovered scales, cellular phones, five firearms, ammunition, packaging materials and other items used in the sale of drugs.
Golden pleaded guilty to conspiracy, distribution, and possession of cocaine and heroin, and possession of a firearm in furtherance of a drug trafficking crime, and faces a mandatory minimum of 15 years and up to life in prison when sentenced on October 10. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Terry L. Sult, Chief of Hampton Police Division, and Anton Bell, Hampton Commonwealth Attorney, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Special Assistant U.S. Attorney Amy Cross is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-90.
Allen Correctional Center inmate sentenced to serve time in federal prison for making death threats against President TrumpRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that Buddy Keith Myers, 24, originally from Simms, Texas, and an inmate at Allen Correctional Center in Kinder, Louisiana, was sentenced Monday by U.S. District Judge Robert R. Summerhays to serve three years and one month in federal prison for making threats against the President of the United States. Summerhays also ordered Myers to serve three years of supervised release following his prison term.
Myers wrote a series of letters from February 12, 2018 to March 10, 2018, while he was an inmate at the Allen Correctional Center, threatening death or bodily injury against President Donald Trump. Myers drafted most of the letters on inmate request forms and submitted them to prison officials, and mailed at least one of the letters to the Louisiana Department of Public Safety and Corrections. According to court documents presented during his guilty plea on August 28, 2018, Myers acknowledged to law enforcement officers that his threats were serious.
The U.S. Secret Service and Louisiana Department of Public Safety and Corrections conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips prosecuted the case.
Akron Man Charged with Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Joshua A. Schohn, 29, of Akron, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, in March 2019, the FBI received a call from the mother of two girls (complainant) who stated that she recently discovered child pornography on a laptop computer belonging to her exboyfriend, the defendant. In addition, the complainant stated that Schohn took nude videos of her daughters, then eight and six years old (Victim 1 and Victim 2). The defendant was arrested by the New York State Police on charges of assault and possession of a sexual performance by a child.
During the course of the investigation, state and federal investigators determined that Schohn’s laptop contained thousands of images and videos of child pornography. Other videos found on the laptop were sexual in nature and were produced by Schohn during a visit to a water park in Erie, Pennsylvania, in the presence of Victims 1 and 2.
Investigators also learned from the complainant that she discovered YouTube searches relating to getting children ready for baths and nude religious rituals with children. The searches were done by the defendant.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is detained pending a preliminary hearing scheduled for July 3, 2019, at 2:00 p.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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