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Monday 13 May 2019
Repeat Johnstown Sex Offender Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Charles Guyer, age 60, of Johnstown, New York, pled guilty today to distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and Acting New York State Police Superintendent Keith M. Corlett.
As part of his guilty plea, Guyer admitted to using two laptop computers equipped with peer-to-peer file-sharing software to download and distribute child pornography. Guyer, who has a prior New York State felony conviction for sexual abuse in the first degree (sexual contact with an individual less than 11 years old), has been in custody since his arrest on April 24, 2018.
Sentencing is scheduled for September 16, 2019 before Senior United States Judge Thomas J. McAvoy. Guyer faces at least 15 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Guyer will also be required to register as a sex offender upon his release from prison.
This case was investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Repeat Albany Sex Offender Pleads Guilty to Child Pornography PossessionRead the Press Release
ALBANY, NEW YORK – Terry L. Shellenberger, age 50, of Albany, pled guilty today to child pornography possession, announced United States Attorney Grant C. Jaquith.
Shellenberger admitted that on July 21, 2018, while on supervised release for a prior federal felony conviction, he was in possession of a phone that he used to download child pornography videos from the internet. Shellenberger had not previously informed Probation Officers that he had the phone, as he was required to do. Probation Officers found it during an unannounced home visit.
Shellenberger has prior federal convictions for child pornography possession (2006) and failure to register as a sex offender (2017).
Shellenberger, who is in custody, faces at least 10 years and up to 20 years in prison, as well as a term of post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced on September 4, 2019 by Senior United States District Judge Lawrence E. Kahn. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Probation Office for the Northern District of New York, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Randolph County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Julie Ann Cutright, of Elkins, West Virginia, has admitted to running a drug house, United States Attorney Bill Powell announced.
Cutright, age 33, pled guilty to one count of “Maintaining a Drug-Involved Premises.” Cutright admitted to maintaining a home at 113 Riverview Drive in Elkins that was used for distributing methamphetamine, also known as “ice” from October 2017 to November 2017.
Cutright faces up to 20 years incarceration and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Project Charleston Update: Akron Woman Pleads Guilty to Federal Drug Trafficking CrimeRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio, woman who was arrested as part of Project Charleston, pled guilty to a federal drug trafficking crime, announced United States Attorney Mike Stuart. Azriel Irene Westfall, 20, pled guilty to possession with intent to distribute heroin and methamphetamine before Senior United States District Judge John T. Copenhaver, Jr. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT) and the Drug Enforcement Administration.
“Westfall was carrying death and destruction in her purse,” said United States Attorney Mike Stuart. “Project Charleston shut down a significant drug trafficking organization operating between Akron and Charleston. We will continue to hold poison peddlers responsible and put them behind bars for as long as possible.”
On February 28, 2018, police investigators executed a search warrant on a drug house on Mountain Road in Charleston, where Westfall was staying with several other people. The investigators searched Westfall’s purse and found close to 30 grams of a mixture of heroin and carfentanil (a powerful fentanyl analogue); almost 10 grams of heroin; and around 3 grams of ice methamphetamine. Westfall was also carrying over $6,000 in drug proceeds in her purse.
Westfall faces up to 20 years in federal prison when she is sentenced on August 7, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
SDWVNews and USAttyStuart
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Pittsburgh Felon Pleads Guilty to Firearms OffenseRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, Pennsylvania, has pleaded guilty in federal court on a charge of Possession of a Firearm by a Convicted Felon, United States Attorney Scott W. Brady announced today.
Darby Donta Tigney, 24, of Pittsburgh, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, on October 14, 2018, Tigney illegally possessed a 9mm Smith and Wesson handgun. Tigney had been convicted of the felony offense of Possession of a Firearm with an Altered Serial Number in the Court of Common Pleas of Allegheny County just three months earlier on July 30, 2018. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
The law provides for a maximum total sentence of 10 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 offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Pittsburgh Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Darby Donta Tigney.
The case is being prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pill Mill Physician Sentenced to 13 Years for Conspiracy to Distribute NarcoticsRead the Press Release
A “pill mill” physician who oversaw the illegal prescription of nearly a million units of narcotics with no legitimate medical purpose was sentenced today to 13 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Carlos Luis Venegas, 62, was convicted of conspiracy to distribute a controlled substance following a 5-day trial before U.S. District Judge David C. Godbey in early February.
According to evidence presented at trial, Dr. Venegas acted as the supervising physician for a series of sham medical clinics – all merely fronts for the illegal distribution of Hydrocodone and Alprazolam.
“These pill mills help to perpetuate the tragic opioid crisis gripping our country,” U.S. Attorney Nealy Cox said following the guilty verdict. “Last year, America lost, on average, 116 people per day to opioid overdoses. We cannot allow unscrupulous conduct by physicians to add to the supply of dangerous drugs on the streets.”
“The DEA will continue to investigate these types clinics and health care personnel who are facilitating illegal distribution of prescription drugs”, said DEA Special Agent in Charge of the Dallas Field Division Clyde E. Shelley, Jr. “One overdose is one too many”.
At trial, witnesses testified that members of the conspiracy paid homeless and indigent people to pose as patients seeking pain medication. Runners coached these men and women on how to describe their (nonexistent) symptoms, drove them to the clinics, and paid for their appointments.
At the clinics, nurse practitioners and physician’s assistants, working under Dr. Venegas’ supervision, conducted only cursory medical exams, witnesses said. Medical files seized from the clinics showed that most exams were conducted without any medical testing and rarely produced documentation of patients’ purported ailments.
At the conclusion of the visit, patients were almost always prescribed a cocktail of medications, including Hydrocodone and Xanax, generally for the highest dosages available.
Several of his codefendants, including several nurse practitioners and clinic managers, previously pleaded guilty to their roles in the scheme.
Codefendant sentences include:
- Christan Michael Hicks – 70 months
- Craig Zahn – 33 months
- Leslie Rodriguez – 33 months
- Don Broussard – 33 months
- Ron Cunningham – 18 months
- James Christopher Ware (co-owner of clinics, charged in a separate indictment) – 135 months
- Stanley James (co-owner of clinics, also charged in a separate indictment) – 97 months
For more information on the opioid epidemic, see the DEA's National Drug Threat Assessment.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Myria Boehm, Renee Hunter, and Nicholas Bunch prosecuted the case.
Paterson Police Officer Admits Conspiring to Violate Civil Rights, Filing A False Police ReportRead the Press Release
NEWARK, N.J. – A City of Paterson police officer today admitted conspiring with other officers to violate the civil rights of individuals in Paterson, and to filing a false police report to conceal his criminal activity, U.S. Attorney Craig Carpenito announced.
Police Officer Matthew Torres, 30, of Paterson, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with conspiracy to violate individuals’ civil rights and filing a false police report.
According to documents filed in this case and statements made in court:
Torres, along with other Paterson police officers, including Eudy Ramos, Jonathan Bustios, Daniel Pent, and others, stopped and searched motor vehicles, without any justification, and stole cash and other items from the occupants of the motor vehicles. Torres and the other officers sometimes used fake paperwork to trick individuals into believing that the cash seizures and vehicle stops represented legitimate law enforcement encounters. Torres and the other officers also stopped and searched individuals on the streets of Paterson, and illegally took their money. To cover up their criminal activity, Torres and his fellow officers filed false police reports.
For example, on Dec. 7, 2017, while on duty, Torres and Ramos conducted a vehicle stop in Paterson. Torres and Ramos searched the vehicle, the driver, and the passenger. The passenger advised Torres and Ramos that he had a small quantity of marijuana. He also had approximately $3,100. Ramos and Torres told the passenger that they could take $500 from the passenger and have him sign a piece of paper. Ramos then placed a call, purportedly to his superior, and told the passenger that the superior officer said it had to be $800. Ramos took out a piece of white paper, wrote something on it, and told the passenger to sign it. Afterwards, Torres and Ramos released the driver and passenger. Torres and Ramos stole approximately $800 from the passenger, and they shared the stolen cash proceeds. In order to conceal their theft of monies, Torres and Ramos each omitted the encounter from their daily Paterson Police Department activity logs.
The conspiracy to violate civil rights charge carries a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each count is $250,000. Sentencing is scheduled for Sept. 9, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s arrest. He also thanked the Passaic County Prosecutor’s Office, under the direction of Passaic County Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Police Chief Troy Oswald, and the Paterson Police Department Office of Internal Affairs, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
Defense counsel: John C. Whipple Esq., Morristown, New Jersey
Pain Doctor Sentenced for Using Patient Names Fraudulently to Obtain Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Paul Biddle, 54, of Amherst, NY, who was convicted of identity theft and possession of unlawful hydromorphone HCL, was sentenced to two years probation by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that Biddle was an anesthesiologist and pain management doctor who also operated a medical marijuana practice. Between February 9, 2015 and October 16, 2017, the defendant was prescribing controlled substances for two deceased patients. Biddle knew the patients were deceased and used their names and dates of birth knowingly and without lawful authority to obtain controlled substances for himself.
After the death of one of the patients, Biddle wrote 10 prescriptions using the deceased patient’s name and date of birth between November 21, 2016 and October 16, 2017. All of these prescriptions were filled by a pharmacy in Tampa, FL, and shipped directly to the defendant’s home or office. After the death of the second patient, the defendant wrote 23 prescriptions using that deceased patient’s name and date of birth between February 9, 2015 and August 7, 2017. All of these prescriptions were also filled by a pharmacy in Tampa, FL, and shipped directly to the defendant’s home or office. Biddle was obtaining these prescriptions and using them himself.
The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, Western New York Healthcare Fraud Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Department of Financial Services, under the direction of Linda Lacewell, Superintendent of Financial Services; Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent-in-Charge Scott Lampert; and the Amherst Police Department, under the direction of Chief John Askey.
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Orleans Parish Man Charged with Conspiring to Commit Identity TheftRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced the filing of a Bill of Information Friday, May 10, 2018 charging ARNOLD TREVELL WILLIAMS, age 37, of New Orleans, Louisiana, with one count of conspiracy to commit identity theft.
According to court documents, the defendant conspired with others to obtain personal information, such as names, dates of birth and Social Security numbers, from real persons in order to create fake driver’s licenses. The information was used to apply for loans in order to buy vehicles. Specifically, WILLIAMS used the identity of another person on or about May 11, 2017, to buy a 2014 BMW Series 7 car for the sum of $44,994.10.
If convicted, WILLIAMS faces imprisonment of up to two years, a maximum $250,000.00 fine, and up to (3) three years of supervised release.
U.S. Attorney Strasser reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser also praised the agencies that contributed to this Bill of Information. This prosecution represents the coordinated effort of federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, the U.S. Postal Inspection Service, the Louisiana Attorney General’s Office, the Jefferson Parish Sheriff’s Department, and the New Orleans Police Department. Additionally, U.S. Attorney Strasser thanked the Jefferson Parish District Attorney’s Office for their assistance. Assistant United States Attorney Edward J. Rivera is in charge of the prosecution.
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Ohio man admits to methamphetamine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Victor Ramel Chancler Witcher, of Akron, Ohio, has admitted to methamphetamine distribution, United States Attorney Bill Powell announced.
Witcher, age 35, pled guilty to one count of “Conspiracy to Distribute Methamphetamine.” Witcher admitted to working with others to distribute more than 500 grams of methamphetamine from March 2018 to May 2018 in Mineral, Grant, and Randolph Counties.Witcher faces not less than ten years and up to life incarceration and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Federal Bureau of Investigation; the Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; and the Ravenswood Police Department investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
New Jersey Man Indicted on Child Pornography, Cyberstalking ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 29-count indictment charging Timothy Myers, 34, of Freehold, NJ, with production, receipt, and distribution of child pornography, sexual enticement of minors, and cyberstalking. The charges carry a minimum of five years in prison and a maximum penalty of life in prison, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the indictment and a previously filed complaint, between December 2016 and August 2017, the defendant pretended to be a younger male, using the names CJ Mikowski and Colin James, and targeted girls as young as 12 years old on Facebook. Myers made the girls believe they were in a romantic relationship with him and persuaded the girls to end him sexually explicit images. When the girls did not send Myers the requested images, or attempted to break off communication, the defendant threatened to expose them by distributing their pictures to other people. In the case of one victim, Myers drove the minor from New York to New Jersey for sex on two occasions. There are at least five victims identified in the Western District of New York.
Myers was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending further proceedings.
The indictment is the result of an investigation by New York State Police, under the direction of Major Edward Kennedy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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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Nevada U.S. Attorney Recognizes Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
LAS VEGAS, Nev. – Nevada United States Attorney Nicholas A. Trutanich recognizes the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, which is being observed from Sunday, May 12 to Saturday, May 18, 2019.
In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
“During Police Week, our nation celebrates the contributions of police officers from around the country. We thank the brave men and women who often face uncertain and dangerous situations without question and without expectation of thanks,” said U.S. Attorney Trutanich. “As the chief federal law enforcement officer in Nevada, I recognize and acknowledge their hard work, dedication, loyalty, and commitment in keeping our communities safe. They have our unwavering support and appreciation.”
According to statistics reported to the FBI, 106 law enforcement officers were killed in the line-of-duty in 2018. In Nevada, Department of Public Safety Corrections Officer Kyle L. Eng died in the line of duty on July 19, 2018.
Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2018 released this week by the FBI.
The names of all 106 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil on the evening of May 13, 2019. No tickets are required and everyone is welcome. For additional information please call 202-737-3400.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
For more information about other National Police Week events, please visit www.policeweek.org.
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Nearly 100 Charged in Massive Marriage Fraud SchemeRead the Press Release
HOUSTON – A total of 50 people are now in custody following the return of a 206-count indictment alleging varying roles in a large-scale marriage fraud scheme, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and District Director Tony Bryson of U.S. Citizenship and Immigration Services (USCIS). The federal grand jury returned the massive indictment April 30, 2019, charging 96 individuals. To date, law enforcement has taken 50 into custody. Of those, nine are set to appear for a detention hearing before U.S. Magistrate Judge Nancy Johnson at 10:00 a.m. today. The indictment remains sealed as to those charged but not as yet in custody. “These arrests mark the culmination of a comprehensive year-long multi-agency investigation into one of the largest alleged marriage fraud conspiracies ever documented in the Houston area,” said Dawson. “By working together with our partners from various federal law enforcement agencies we have sent a resounding message that we are united in our effort to disrupt and dismantle criminal organizations that seek to circumvent U.S. law by fraudulent means.” The investigation targeted a suspected criminal organization allegedly operating a large-scale marriage fraud scheme. The scam involved the creation of sham marriages in order to illegally obtain admission and immigrant status for aliens in the United States, according to the indictment. The charges allege Ashley Yen Nguyen AKA Duyen, 53, of Houston, headed the Southwest Houston-based organization and had associates operating throughout Texas and Vietnam. “Marriage fraud is a serious crime. This indictment reveals how successful our working relationships are with our law enforcement and intelligence partners when it comes to investigating marriage fraud,” said Bryson. “USCIS remains steadfast in our commitment to ensuring national security, public safety and the integrity of the immigration system.” A sham marriage is a marriage that is entered into for the primary purpose of circumventing immigration laws. The indictment alleges the marriages involved in this conspiracy were shams because the spouses did not live together and did not intend to do so, contrary to documents and statements they submitted to USCIS. The spouses only met briefly, usually immediately before they obtained their marriage license, or not at all, according to the charges. The spouses allegedly entered into the marriage pursuant to a financial arrangement for the primary purpose of circumventing U.S. immigration laws. According to the charges, each beneficiary spouse entered in an agreement with Duyen in which they would pay approximately $50,000 - $70,000 to obtain full lawful permanent resident status. The agreements were allegedly prorated in that they would pay an additional amount for each immigration benefit they received, such as admission into the United States, conditional permanent resident status and full lawful permanent resident status. In addition, Duyen and others recruited other United States citizens to act as petitioners in the sham marriages, according to the indictment, who received a portion of the proceeds received from the beneficiary spouses. Several individuals that were recruited as petitioners soon after became recruiters themselves, according to the allegations. Others were also allegedly in charge of receiving the proceeds from the beneficiary spouses and disbursing the payments to the petitioners. The indictment also charges several individuals to act as guides for U.S. citizen petitioners who allegedly travelled to Vietnam under the guise they were going to meet his/her fiancé. In truth, according to the indictment, they were beneficiary spouses paying the criminal organization in order to circumvent United States law. The criminal organization also allegedly prepared fake wedding albums which were provided to the petitioner and beneficiary spouse that included photographs to make it appear as if they had a wedding ceremony above and beyond a simply courthouse marriage. The indictment further alleges the criminal organization provided false tax, utility and employment information to help ensure USCIS would approve the false immigration forms. Also indicted is attorney Trang Le Nguyen aka Nguyen Le Thien Trang, 45, of Pearland, for obstructing and impeding the due administration of justice and tampering with a witness, victim or informant. According to the indictment, Nguyen allegedly prepared paperwork associated with at least one of the fraudulent marriages and told a witness who provided information to law enforcement to go into hiding, not engage in any air travel that may alert federal law enforcement to her presence and not provide any further information to law enforcement. The charges include 47 counts of marriage fraud, 50 counts of mail fraud, 51 counts of immigration fraud, 51 counts of false statements under oath in matter relating to registry of aliens and one count each of conspiracy to engage in marriage fraud, conspiracy to commit mail fraud, conspiracy to commit immigration fraud, conspiracy to make false statements under oath in matter relating to registry of aliens, unlawful procurement of naturalization, obstructing and impeding the due administration of justice and tampering with a witness, victim or informant. Conspiracy to commit mail fraud, mail fraud and tampering with a witness, victim, or informant all carry possible 20-year federal prison sentences. If convicted of conspiracy to commit marriage fraud or marriage fraud, those charged face up to five years in prison. The remaining charges all have maximum possible 10-year-terms of federal imprisonment. HSI and USCIS conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman, Michael Day and Kate Suh are prosecuting the case. An indictment is an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.Montgomery Woman Convicted of Ten Counts of Filing False Tax ReturnsRead the Press Release
Montgomery, Alabama – On Thursday, May 9, 2019, a federal jury convicted a Montgomery woman, Laquanda Gilmore Garrott, 39, on ten counts of aiding and assisting the filing of a false federal income tax return, announced United States Attorney Louis V. Franklin, Sr. and Special Agent in Charge Thomas J. Holloman, III of the Internal Revenue Service’s Criminal Investigation Division.
The trial evidence showed that, from 2011 through 2015, Garrott operated a tax preparation business called L&G Associates, LLC. Garrott’s business was located in a shopping center off of the Southern Boulevard in Montgomery. At her business, Garrott knowingly put false information on her client’s tax returns in order to artificially inflate the clients’ tax refunds and, in turn, her own fees. For example, Garrott falsely claimed that one client lost more than $30,000 on a side lawn care business even though she knew the client did not operate such a business. By including the false business losses, Garrott was able to offset the client’s taxable income and make the client eligible for a refundable tax credit, the Earned Income Tax Credit.
Garrott’s business was very profitable. During the trial, the government established that during 2014 and 2015, Garrott prepared over 1,500 returns and collected more than $370,000 in tax preparation fees.
Following these convictions, Garrott is facing up to 3 years in prison on each count, substantial fines, and an order of restitution. There is no parole in the federal system.
“Filing false tax returns is not only a crime against the government, it is also a crime against each American taxpayer,” commented United States Attorney Franklin. “Ms. Garrott removed hard-earned tax dollars from the public coffers for her own profit. My office will continue to work with our law enforcement partners to identify tax cheats and prosecute them to the fullest extent of the law.”
“As filing season has now come to an end, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced by the guilty verdict of Laquanda Garrott. This verdict sends a clear message that IRS Criminal Investigation operates year round to protect the integrity of our tax system," stated Thomas J. Holloman, III, Special Agent in Charge of the Atlanta Field Office. “This verdict is an important victory for America's taxpayers who play by the rules and have no tolerance for those who make up their own rules. This conviction serves to remind us that there is no such thing as free money and there are no awards or incentives for creativity when it comes to crime.”
The case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour are prosecuting the case.
Michigan Man Pleads Guilty to Running Apple “Empty-Box” Fraud SchemeRead the Press Release
SAN JOSE – Van-Seyla Mork pleaded guilty in federal court in San Jose today to wire fraud and money laundering, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
In pleading guilty, Mork admitted to perpetrating a refund fraud scheme against Apple, Inc. Specifically, Mork admitted that he initiated fraudulent complaints to Apple’s customer service department, each complaint alleging, on behalf of Apple customers, that a purchased Apple product had not been mailed to an Apple customer as it should have been, but that instead only an empty Apple box had been mailed to the Apple customer’s mailing address. Mork further admitted that at the time he submitted these complaints, he knew these assertions were false and that Apple had, in fact, mailed the purchased products to the individual purchasers. Through this fraudulent scheme, Mork admitted that he caused Apple to issue $1,000,000 in refunds for undelivered Apple products that had, in fact, been delivered. Moreover, Mork admitted that he transferred the proceeds of this fraudulent scheme through various bank accounts with the intent of concealing the nature and location of these wire-fraud proceeds.
Mork, 25, of Kalamazoo, Michigan, was charged by an Information filed on November 30, 2018. He was charged with one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, five counts of wire fraud, in violation of Title 18, United States Code, Section 1343, and four counts of money laundering, in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i). Under the plea agreement, Mork pled guilty to one count of wire fraud and one count of money laundering.
Mork was released on bond. Bail was set at $50,000.
Mork’s sentencing hearing is scheduled for October 21, 2019 at 1:30 before the Honorable Edward J. Davila, U.S. District Court Judge, in San Jose. The maximum statutory penalty for each count of wire fraud in violation of Title 18, United States Code, Section 1343 is 20 years imprisonment and a fine of $250,000, plus restitution and each count of money laundering in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) is 20 years imprisonment and a fine of $500,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Jeff Schenk is the Assistant U.S. Attorney who prosecuted the case with the assistance of Tong Zhang. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Mexican National Sentenced for Marijuana Cultivation in Protected WildernessRead the Press Release
FRESNO, Calif. — Rodolfo Torres-Galvan, 30, (Torres), of Michoacán, Mexico, was sentenced today to three years and 10 months in prison for conspiring to manufacture, distribute, and possess with intent to distribute marijuana, U.S. Attorney McGregor W. Scott announced.
Torres’ sentencing follows his guilty plea entered earlier this year. According to court documents, Torres and his co-defendants, Mauricio Vaca-Bucio (Vaca), 31, and Felipe Angeles Valdez-Colima (Valdez), 35, both Mexican nationals, were apprehended after a two-month investigation in the Kiavah Wilderness, a federally designated wilderness area in the Sequoia National Forest. Law enforcement officers saw Torres and Valdez emerge from the forest and enter a Camaro driven by Vaca. They were subsequently stopped in Weldon. Officers found freshly harvested marijuana in the Camaro and located over 1,800 marijuana plants at the grow site on the trail that led to the drop point. The officers also found deadly illegal pesticides, including carbofuran and zinc phosphide, in both the vehicle and at the grow site. In sentencing Torres, U.S. District Judge Dale A. Drozd also ordered Torres to pay $7,620 in restitution to the U.S. Forest Service for the environmental damage caused by the cultivation operation.
The United States Congress designated the Kiavah Wilderness in 1994, and it is managed by the Bureau of Land Management and the Forest Service. This wilderness area is part of the National Cooperative Land and Wildlife Management Area and the Bureau of Land Management’s Jawbone-Butterbredt Area of Critical Environmental Concern.
This case is the product of an investigation by the U.S. Forest Service with assistance from Enforcement and Removal Operations of Immigration and Customs Enforcement (ICE), Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, California National Guard, Kern County Sheriff’s Office, and Kern County Probation Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Valdez and Vaca have pleaded guilty and are scheduled for sentencing on May 20 and July 29, respectively. They face a minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Manhattan U.S. Attorney Settles Civil Fraud Claims Against Medical Device Distributor for Selling Products Not Approved by the FDARead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jeffrey E. Shuren, M.D., director of the Center for Devices and Radiological Health at the U.S. Food and Drug Administration (“FDA”), announced today that the U.S. has settled civil fraud claims under the False Claims Act against CAREFUSION CORPORATION (“CAREFUSION”), a medical device distributor based in San Diego, California, for buying and selling medical devices that were not approved or cleared by the FDA. These unapproved and uncleared devices were then used by medical providers in medical procedures, and the providers submitted claims for reimbursement to federal healthcare programs, such as Medicare and Medicaid, for those procedures. As part of the settlement, approved May 7, 2019, by U.S. District Judge Edgardo Ramos, CAREFUSION agreed to pay the Government $3.3 million and admitted to buying and selling medical devices that had not received the requisite approval or clearance from the FDA.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Medical devices that do not have the required FDA approval or clearance cannot be bought and sold for use on patients. When unapproved devices are used in medical procedures, it presents a public health and safety risk, and federal health insurance programs should not foot the bill. Medical device distributors must follow FDA rules and this Office will continue to hold them accountable when they don’t.”
Director Jeffrey E. Shuren, M.D. said: “Americans rely on FDA oversight to ensure that their medical devices are safe and effective. When companies sell devices without proper authorization, they may be putting patients’ health at risk. We will continue to investigate and bring to justice companies that attempt to subvert the regulatory functions of the FDA, which are intended to protect the public health. We commend the efforts of the Department of Justice for their vigorous pursuit of justice in this matter.”
Since 1976, many different kinds of medical devices must, depending on the degree of patient risk, be approved or cleared by the FDA before they can be marketed for use on patients. There is a grandfather exception for medical devices that were legally in commerce prior to 1976, which are known as “pre-amendment” devices. To qualify for pre-amendment status, the device’s owner (typically the manufacturer) must, among other things, have marketed the device prior to May 28, 1976.
In the settlement, CAREFUSION admitted to distributing medical devices for which the device manufacturer (the “Manufacturer”) had not obtained the required approvals or clearances from the FDA and for which the Manufacturer could not demonstrate that the pre-amendment exception applied. In particular, CAREFUSION admitted that:
- From 2007 to 2014, the Manufacturer sold devices for which the Manufacturer (i) had not obtained approval or clearance from the FDA to market; (ii) was relying on the pre-amendment status exemption to market, but (iii) lacked the required evidence to demonstrate that the devices qualified for the pre-amendment status exemption.
- During that period, CAREFUSION purchased devices from the Manufacturer that the Manufacturer wrongly claimed qualified for the pre-amendment status exception, and then sold those devices to hospitals and other health care providers.
- Some of those devices were used in procedures for which providers submitted claims for reimbursement to federal health care programs.
- While the Manufacturer provided CAREFUSION with the evidence on which it was relying to justify its claim that the devices qualified for the pre-amendment status exemption, that evidence was insufficient.
- After the FDA issued a warning letter to the Manufacturer in 2014 and the Manufacturer issued recall notices for the devices at issue, CAREFUSION ceased selling and distributing the devices.
Of the $3.3 million that CAREFUSION agreed to pay under the settlement, $2,821,539.92 will go to the United States and $478,460.08 will go to states adversely affected by CAREFUSION’s conduct through separate settlements with those states.
In connection with this settlement, the United States joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act. The whistleblower suit remains under seal as the Government continues its investigation.
Mr. Berman thanked the FDA, the Department of Health and Human Services Office of Inspector General, and the Centers for Medicare and Medicaid Services for their invaluable assistance in this matter.
The case is being handled by the Office’s Civil Frauds Unit. Assistant United States Attorneys Sharanya Mohan and Mónica P. Folch are in charge of the case.
Leavenworth Man Sentenced to 10+ Years for Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Leavenworth man was sentenced Monday to 121 months in federal prison for receiving and distributing child pornography, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $6,500 in restitution.
Pedro Zamora, 36, Leavenworth, Kan., pleaded guilty to one count of receipt and distribution of child pornography. In his plea, he admitted that investigators found 127 videos and 1,900 images containing child pornography on a computer in his home. He used file sharing programs to collect and distribute the images. Zamora told investigators he began searching for child pornography on the internet when he was in middle school.
McAllister commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Lawrence Man Convicted of Participating in a Conspiracy to Distribute FentanylRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that on Friday, May 10, 2019, a federal jury found Santo Benito Lara, 46, of Lawrence, Massachusetts, guilty of participating in a conspiracy to distribute fentanyl.
Evidence presented during the four-day trial showed that beginning at least in May of 2018, the defendant participated in a conspiracy to sell fentanyl to a customer in Salem, New Hampshire. After the DEA received information about the conspiracy, it began an investigation into the Lara's activities. Between May and September of 2018, Lara and another individual sold fentanyl in Lawrence to a cooperating individual on multiple occasions.
Lara is scheduled to be sentenced on August 27, 2019.
“I am grateful for the jury’s verdict in this case,” said U.S. Attorney Murray. “This prosecution highlights ongoing cooperative efforts by law enforcement in New Hampshire and Massachusetts to identify and prosecute those responsible for the interstate distribution of fentanyl and other lethal drugs. We will continue to work in conjunction with all of our law enforcement partners to stop the flow of fentanyl into the Granite State.”
“Fentanyl is causing tremendous damage to the Granite State,” said DEA Special Agent in Charge Brian D. Boyle. “Let this verdict be a warning to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes this deadly drug.”
This matter was investigated by the DEA, with assistance from the New Hampshire State Police and the Essex County (MA) Sheriff’s Department. The case is being prosecuted by Assistant U.S. Attorneys Anna Dronzek and Jarad Hodes.
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Lake Charles resident sentenced to 12 years for selling hundreds of Oxycodone pillsRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that John Homer Legros Jr., 40, of, Lake Charles, who sold hundreds of Oxycodone pills was sentenced May 9, 2019 by U.S. District Judge Donald E. Walter to 12 years in prison and three years of supervised release.
The defendant, along with his wife Veronica Gray Legros, 39, and Billy Winbush, 41, also of Lake Charles, illegally sold Oxycodone pills at various times and then laundered the proceeds to finance the construction of a house. The location of the last Oxycodone sale was changed numerous times to evade law enforcement with the sale eventually taking place at a store in Lake Charles. Law enforcement agents later searched Legros’ home and found a sheet of paper containing names and birth dates and a sheet of paper similar to a prescription pad with writing that resembled shorthand used by a doctor to prescribe a patient oxycodone. During this investigation, law enforcement officers also discovered that Legros was financing the construction of a large house with cash from the drug sale proceeds. As a result, the property was forfeited to the United States.
John and Veronica Legros pleaded guilty to the federal charges on January 30, 2019, and Winbush pleaded guilty on January 14, 2019. Veronica Legros and Billy Winbush were also sentenced on May 9, 2019. Veronica Legros was sentenced to five years of supervised probation and 100 hours of community service; Billy Winbush was sentenced to two years of supervised probation and 50 hours of community service.
The FBI and the Calcasieu Parish Combined Anti-Drug Task Force conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Justice Department and Louisiana Supreme Court Reach Agreement to Provide Language Assistance for Individuals Not Proficient in EnglishRead the Press Release
The Department of Justice has reached an agreement with the Louisiana Supreme Court (LSC) that recognizes the LSC’s commitment to work with the Louisiana Judiciary to phase-in a language access program that will provide oral and written language assistance services at no cost to limited English proficient (LEP) individuals in all state court proceedings and operations.
“I commend the Louisiana Supreme Court for its commitment to work with all state courts in Louisiana to ensure meaningful access for LEP individuals,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The collaborative relationship between the Department of Justice and the Louisiana Supreme Court will only strengthen ongoing Louisiana Supreme Court efforts to ensure equal access to justice for all.”
“This agreement is a partnership to ensure that all people, no matter their national origin, can fully and fairly access Louisiana state courts,” said U.S. Attorney Peter Strasser. “My office is committed to preventing Title VI discrimination, in all forms, in the Louisiana Judiciary.”
This agreement resolves a Department of Justice investigation of a complaint alleging that Louisiana state courts failed to provide language access for LEP individuals, including a failure to provide LEP individuals with qualified interpreters in civil proceedings, in violation of Title VI of the Civil Rights Act of 1964 and its regulations (Title VI). The agreement is a commitment by the LSC to work with the Department of Justice to ensure the consistent delivery of language assistance services in the Louisiana Judiciary.
During the course of the investigation, LSC began taking steps to improve language services in state courts by retaining a Language Access Coordinator responsible for continuing to improve the LSC’s efforts and initiatives to comply with Title VI. LSC also developed technical assistance tools and provided trainings to Louisiana state court judges about how to address encounters with LEP individuals. Among other commitments in the agreement, the LSC will conduct an assessment of the Louisiana Judiciary to further inform the development of a more robust language access program. The LSC will also work with the Department of Justice to create a statewide language access plan that will include a template so that each state court can develop its own plan.
This matter was jointly investigated by attorneys Dylan Nicole de Kervor and Michael Mulé of the Civil Rights Division’s Federal Coordination and Compliance Section and Assistant U.S. Attorney David Howard Sinkman of the U.S. Attorney’s Office for the Eastern District of Louisiana.
This complaint was resolved as part of FCS’s efforts to ensure that state courts comply with Title VI language access requirements. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions with U.S. Attorneys’ Offices across the country.
Justice Department and Louisiana Supreme Court Reach Agreement to Provide Language Assistance for Individuals Not Proficient in EnglishRead the Press Release
WASHINGTON – The Department of Justice has reached an agreement with the Louisiana Supreme Court (LSC) that recognizes the LSC’s commitment to work with the Louisiana Judiciary to phase-in a language access program that will provide oral and written language assistance services at no cost to limited English proficient (LEP) individuals in all state court proceedings and operations.
“I commend the Louisiana Supreme Court for its commitment to work with all state courts in Louisiana to ensure meaningful access for LEP individuals,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The collaborative relationship between the Department of Justice and the Louisiana Supreme Court will only strengthen ongoing Louisiana Supreme Court efforts to ensure equal access to justice for all.”
“This agreement is a partnership to ensure that all people, no matter their national origin, can fully and fairly access Louisiana state courts,” said U.S. Attorney Peter Strasser. “My office is committed to preventing Title VI discrimination, in all forms, in the Louisiana Judiciary.”
This agreement resolves a Department of Justice investigation of a complaint alleging that Louisiana state courts failed to provide language access for LEP individuals, including a failure to provide LEP individuals with qualified interpreters in civil proceedings, in violation of Title VI of the Civil Rights Act of 1964 and its regulations (Title VI). The agreement is a commitment by the LSC to work with the Department of Justice to ensure the consistent delivery of language assistance services in the Louisiana Judiciary.
During the course of the investigation, LSC began taking steps to improve language services in state courts by retaining a Language Access Coordinator responsible for continuing to improve the LSC’s efforts and initiatives to comply with Title VI. LSC also developed technical assistance tools and provided trainings to Louisiana state court judges about how to address encounters with LEP individuals. Among other commitments in the agreement, the LSC will conduct an assessment of the Louisiana Judiciary to further inform the development of a more robust language access program. The LSC will also work with the Department of Justice to create a statewide language access plan that will include a template so that each state court can develop its own plan.
This matter was jointly investigated by attorneys Dylan Nicole de Kervor and Michael Mulé of the Civil Rights Division’s Federal Coordination and Compliance Section and Assistant U.S. Attorney David Howard Sinkman of the U.S. Attorney’s Office for the Eastern District of Louisiana.
This complaint was resolved as part of FCS’s efforts to ensure that state courts comply with Title VI language access requirements. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions with U.S. Attorneys’ Offices across the country.
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Judge Sentences Aliquippa Drug Dealer to 8 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA - A Beaver County resident has been sentenced in federal court to 8 years (96 months) in prison and five years supervised release on his conviction of violations of the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Che Turner, age 39, of Aliquippa, PA.
According to information presented to the court, Smith conspired with others to distribute and possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of cocaine totaling between 200 and 300 grams.
Assistant United States Attorney Robert C. Schupansky prosecuted this case on behalf of the government.
This prosecution was part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI.
This investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
United States Attorney Brady commended the Federal Bureau of Investigation, along with the other federal, state and local agencies involved, for the investigation leading to the successful prosecution of Turner.
Jeremy Reichberg Sentenced to 48 Months in Prison for Orchestrating NYPD Bribery Scheme and Obstructing JusticeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JEREMY REICHBERG was sentenced to 48 months in prison for bribery, corruption, and obstruction offenses related to his participation in a years-long scheme to bribe numerous high-ranking members of the New York City Police Department (“NYPD”). Specifically, on January 2, 2019, REICHBERG was convicted of conspiracy, honest services fraud, and bribery charges after a two-month trial. Today’s sentence was imposed by U.S. District Judge Gregory H. Woods.
Manhattan U.S. Attorney Geoffrey S. Berman said: “For years, Jeremy Reichberg forged corrupt relationships with law enforcement through a stream of illegal payments and financial benefits. In doing so, he eroded public confidence in the lifeblood of the City – an impartial New York City Police Department that treats all citizens equally. He then attempted to cover it up by hiding evidence of his crimes. Rather than buying himself special treatment and influence, Reichberg’s efforts have secured him multiple federal convictions and a significant prison sentence.”
In imposing today’s sentence, Judge Woods said: “Reichberg engaged in an extended scheme . . . [in which] the instruments of government became tools for [Reichberg’s] own personal advancement. This case was about much more than dollars and cents. . . . It is important that the public be able to trust that its public officials act without fear or favor rather than spending time and public resources catering to the whims of well-heeled donors.”
According to the Superseding Indictment and Complaint filed in this case, and evidence presented at trial:
The Bribery Scheme
Between 2008 and 2015, REICHBERG and a co-conspirator, Jona Rechnitz, orchestrated a scheme in which REICHBERG and Rechnitz provided numerous high-level New York City Police Department (“NYPD”) officials with financial and other benefits in order to obtain police-related favors in return, as opportunities arose. REICHBERG and Rechnitz provided an array of gifts to the officers, including travel, home improvements, premium tickets to sporting events, expensive meals, and access to prostitutes, in order to have the officers effectively “on call” to provide police-related favors as REICHBERG and Rechnitz requested. REICHBERG perpetrated the scheme, among other reasons, to monetize his contacts with the NYPD. In particular, REICHBERG was an all-purpose “expediter” for individuals in his community, and – as a self-styled “NYPD Liaison” and as state chaplain with the New York State Police (which he was not) – he was paid in order to assist people at large with their problems with the NYPD and other pockets of local government.
Over the course of the scheme, REICHBERG and Rechnitz corrupted or attempted to corrupt several officers, including the Chief of Department for the NYPD, the highest ranking uniformed officer in the NYPD; his executive officer; a deputy inspector and commanding officer of an Upper East Side precinct; and others. Among the actions that those officers took at the request of REICHBERG and/or Rechnitz were police escorts for them and their friends, assistance with private disputes and investigations, the exercise of influence in decisions involving arrests and post-arrest treatment of individuals, the issuance of gun permits to civilians; and the deployment of official police vehicles (including police boats and a helicopter).
Obstruction of Justice
The night before he was arrested, REICHBERG called his brother over to his residence. REICHBERG gave his brother several fistfuls of business cards and cell phones and asked him to “hold” them. The business cards included contacts for numerous officers REICHBERG had cultivated during the conspiracy. Several of the phones contained text messages with those officers, including contemporaneous communications concerning many of the official acts mentioned above. The next morning, REICHBERG was arrested and the FBI executed a search warrant at his home. REICHBERG’s brother attempted to leave the home with the items during the search, but was stopped and searched by an FBI agent, who recovered the items.
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REICHBERG, 45, of Brooklyn, New York, was convicted at trial of one count of conspiracy to commit bribery, one count of conspiracy to commit honest services fraud, one substantive count of honest services fraud, and one count of obstruction of justice.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation, the New York City Police Department, Internal Affairs Bureau, and the Special Agents of the United States Attorney’s Office.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Jessica Lonergan, and Kimberly J. Ravener are in charge of the prosecution.
Jackson Man Sentenced Under Project EJECT to over 7 Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Courtney Kentrell Chapman, 30, of Jackson, was sentenced today by U.S. District Judge Henry T. Wingate to 90 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana K. Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chapman had previously been convicted of multiple felonies in Hinds County, including being an accessory after the fact to carjacking, felony eluding, and possession of a controlled substance while armed. On August 15, 2018, he was in possession of a firearm during an administrative checkpoint in Jackson.
Chapman was charged in a federal criminal indictment on December 12, 2018. He pled guilty on February 12, 2019, before Judge Wingate.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department. It was prosecuted by Assistant United States Attorney Andrew W. Eichner.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Informatica Agrees to Pay $21.57 Million for Alleged False Claims Caused by Its Commercial Pricing DisclosuresRead the Press Release
Informatica LLC f/k/a Informatica Corporation has agreed to pay $21.57 million to resolve allegations that it caused the government to be overcharged by providing misleading information about its commercial sales practices that was used in General Services Administration (“GSA”) contract negotiations, the Justice Department announced today. Informatica is a software development company, headquartered in Redwood City, California that sells tools for establishing and maintaining data warehouses.
“Companies that negotiate contracts with the government must make complete and accurate disclosures,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to hold accountable those who harm taxpayers by withholding critical information from contracting agencies.”
Informatica allegedly knowingly provided false information concerning its commercial discounting practices for its products and services to resellers, who then used that false information in negotiations with GSA for government-wide contracts called “Multiple Award Schedule contracts.” Under these contracts, GSA uses commercial pricing disclosures to negotiate the maximum prices that a vendor can charge government agencies. Here, Informatica’s allegedly false disclosures caused GSA to agree to less favorable pricing, and, ultimately, government purchasers to be overcharged. The settlement also resolves allegations that Informatica caused sales to the United States in violation of the Trade Agreement’s Act, which restricts the country of origin for goods purchased by the government.
“Companies seeking to participate directly or indirectly in government contracts must adhere to applicable rules designed to promote the United States’ objective of prudently expending taxpayer funds by negotiating fair and reasonable pricing for the goods and services it purchases,” said U.S. Attorney for the District of Columbia Jessie K. Liu. “We will pursue recoveries from those that fail to live up to these obligations.”
“This settlement demonstrates our commitment to ensure taxpayers are not overpaying for the products and services they receive.” Carol Fortine Ochoa, Inspector General of the U.S. General Services Administration.
The allegations resolved by this settlement arose from a whistleblower lawsuit filed under the False Claims Act. The act permits private citizens to sue on behalf of the government and share in any recovery. The whistleblower, who is a former employee of Informatica, will receive $4,314,000.
This case was handled by the Justice Department’s Civil Division and the United States Attorney’s Office for the District of Columbia, with assistance from GSA’s Office of Inspector General. The case is captioned United States ex rel. Sullivan v. Informatica Corp., Case No. 15-0716 (D.D.C.).
The claims resolved by the United States are allegations only, and there has been no determination of liability.
Illegal Alien Pleads Guilty to Illegally Reentering the U.S.Read the Press Release
NORFOLK, Va. – A Honduran citizen who is currently charged in state court with alleged sex offenses against a minor pleaded guilty today to illegally reentering the United States.
“Calix-Cruz has been deported at taxpayer expense on multiple occasions,” said U.S. Attorney G. Zachary Terwilliger. “Additionally, he has been charged in state court with allegations of committing serious sex offenses against a minor. This prosecution and guilty plea show that the United States will continue to hold accountable those who disregard our nation’s borders and laws.”
According to court documents, Juviny Calix-Cruz, 42, originally illegally entered the United States in 2005. He was first removed from the country at taxpayer expense in June 2012, and again removed in July 2012 after he illegally reentered the country. He was next encountered by law enforcement authorities in the City of Norfolk in 2019, when he was arrested and later indicted by a state grand jury for forcible sodomy of a victim under the age of 13 years-old and taking indecent liberties with a child by a person in a custodial or supervisory relationship.
“This individual not only disregarded the nation’s immigration laws, but also committed criminal acts against an innocent child while in the country illegally,” said Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “ICE will continue to target convicted criminal aliens like Calix-Cruz for arrest, prosecution and removal from the United States.”
Calix-Cruz pleaded guilty to illegal reentry by a removed alien and faces a maximum penalty of two years in prison when sentenced on September 6. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Assistant U.S. Attorney Daniel P. Shean 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. 2:19-cr-60.
Hancock County man admits to drug and firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – Lavel L. Hicks, of Weirton, West Virginia, has admitted to drug and firearms charges, United States Attorney Bill Powell announced.
Hicks, age 43, pled guilty to two counts of “Distribution of Cocaine Base,” four counts of “Distribution of Cocaine Hydrochloride,” and one count of “Unlawful Possession of a Firearm.” Hicks admitted to distributing the drugs in November and December 2017 and December 2018 in Brook and Hancock Counties. Hicks, having previously been convicted or murder in the second degree in Brooke County Circuit Court, also possessed a 9mm pistol.
Hicks faces up to 20 years incarceration and a fine of up to $1,000,000 for each drug count, and he faces up to 10 years incarceration and a fine of up to $250,000 for the firearms count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Fraudulent Mariah Carey Concert Promoters SentencedRead the Press Release
Allen Dean Gordon Clayborn and Raul Pereida Defrauded the Lesbian and Gay Community Network of Western Michigan of $100,000 in Multistate Benefit Concert Swindle
GRAND RAPIDS, MICHIGAN — Raul Mejia Pereida appeared in U.S. District Court in Kalamazoo for sentencing in connection with a fraudulent scheme he carried out with codefendant Allen Dean Gordon Clayborn. U.S. District Judge Paul L. Maloney sentenced Pereida to 27 months in prison for his role in the offense. Once his sentence is complete, Peredia, an undocumented citizen of Mexico, will be deported. Judge Maloney sentenced codefendant Clayborn to 60 months in prison on April 26. Both men must also repay the $130,000 netted in the con.
Clayborn (age 35) and Pereida (age 47) were charged with wire fraud and identity theft in connection with a fraudulent concert scheme they carried out during 2015 and 2016. Clayborn, and Pereida, using aliases, pretended to represent singer Mariah Carey. They convinced two LGBT charities to pay a total of $130,000 to supposedly hire Carey to perform at charity concerts benefiting at-risk youth. One of charities targeted in the scheme was the Lesbian and Gay Community Network of Western Michigan, located in Grand Rapids. This organization paid $100,000 for Mariah Carey to perform an outdoor benefit concert scheduled at Calder Plaza on June 16, 2016. The other charity targeted by the men was a similar organization in Flagstaff, Arizona.
The scheme was sophisticated. It involved detailed contracts consistent with entertainment industry standards, trips to New York City and Las Vegas for charity organizers to hear Mariah Carey perform, complementary tickets that were altered to appear to be gifts from the singer, and bogus email accounts in the name of Carey’s road manager. All of this created the illusion that the victims were negotiating with actual employees of the singer’s production company. Mariah Carey knew nothing about this. The defendants used the money for their own purposes. Instead of raising money through the concert, the victim charities were left virtually insolvent.
U.S. Attorney Birge acknowledged the importance of the sentences handed down by Judge Maloney. "This scam did significant financial damage to two charities, which means all those who otherwise would have benefited from the charities suffered. The defendants succeeded in their swindle because these charities were anxious to have the money to do good things for their communities. Clayborn and Pereida deserved their punishment."
"Clayborn and Pereida are nothing more than con artists and thieves who - out of pure greed - compromised the availability of vital social and community services to the residents of Western Michigan and Arizona," said SAC Slater. "The FBI will ensure this type of fraud is vigorously investigated so that those who engage in it can be brought to justice."
The Federal Bureau of Investigation and Assistant U.S. Attorney Timothy VerHey prosecuted this case.
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Former Shelby County Sheriff’s Corrections Deputy Indicted on Federal Drug Trafficking ViolationsRead the Press Release
Memphis, TN – A former Shelby County Sheriff’s Corrections Deputy has been indicted on federal drug charges. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment today.
Marcus Green, 37, who is currently on federal supervised release, has been indicted on new drug charges. In 2015, Green was charged with three counts of attempting to possess Schedule II narcotics with the intent to distribute. Green devised a scheme to smuggle narcotics into the county jail at 201 Poplar in exchange for money.
On July 21, 2015, Green pled guilty to count one of the indictment. He was charged with attempting to possess Schedule II narcotics with intent to distribute. On November 24, 2015, U.S. District Court Judge Jon Phipps McCalla sentenced Green to 12 months and one day of imprisonment and two years of supervised release. Due to a supervised release violation, Green’s supervised release was extended for a year.
On April 3, 2019, while conducting a home check at Green’s residence during "Operation Crime Driver", a U.S. Probation Officer notified the Tipton County Sheriff’s Office about the strong odor of marijuana during the home check. That same day, Tipton County officers, with search warrant in-hand, conducted a search at Green’s residence and discovered 745 grams of marijuana packaged in a number of bags, digital scales, plastic baggies and $6,627 in U.S. currency.
U.S. Attorney D. Michael Dunavant said, "Being a former law enforcement officer and having previously been convicted of a drug offense, this defendant should have known better than to continue his criminal conduct. Unfortunately, he chose to reoffend while on supervised release. This is exactly the type of recidivist behavior that Operation Crime Driver was designed to detect and apprehend, and I commend the good work of our law enforcement partners in Tipton County."
On May 1, 2019, a criminal complaint charging Green with distribution and possession of a controlled substance was filed. A federal grand jury returned an indictment against him on May 7, 2019. This offense is punishable by imprisonment of up to five years in federal prison, a fine of $250,000, and a two-year term of supervised release.
The case was investigated by the Tipton County Sheriff’s Office.
Special Assistant U.S. Attorney Sean Hord is prosecuting this case on behalf of the government.
The charges and the allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Former Postal Employee Stole 18 Items of Mail Submitted for DeliveryRead the Press Release
ERIE, Pa. - A resident of Allegany, New York, pleaded guilty in federal court to a charge of theft of mail by postal employee, United States Attorney Scott W. Brady announced today.
Bryant Richard, 30, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that from in and around October 2018, to in and around November 2018, Richard, who was a postal employee, stole 18 items of mail which had been submitted to the Postal Service for delivery.
Judge Cercone scheduled sentencing for October 7, 2019 at 12:45 p.m. The law provides for a total sentence of five 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 Richard on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Postal Service, Office of Inspector General conducted the investigation that led to the prosecution of Richard.
Former Portland Attorney Charged with Embezzling Client FundsRead the Press Release
PORTLAND, Ore.—A 24-count indictment was unsealed in federal court today charging former Portland attorney Lori E. Deveny, 53, with mail, wire and bank fraud; aggravated identity theft; money laundering and both filing false tax returns and failing to file tax returns as part of a scheme to defraud her clients and use the proceeds to pay for personal expenses.
According to the indictment, between April 2011 and May 2019, Deveny is alleged to have systematically stolen funds she held in trust for her clients. The funds were derived from insurance proceeds due and payable to her clients. Deveny is accused of forging client signatures on settlement documents she sent to various insurance companies, making unauthorized transfers of funds to personal accounts and falsely telling clients that the insurance companies were to blame for delays in settling claims. Many of Deveny’s clients never received the insurance payout they were owed.
Deveny is also alleged to have used stolen funds to pay for personal credit card and loan payments, numerous big game hunting trips to Africa and the resulting taxidermy costs, other vacations, her husband’s photography business, home remodeling, expensive cigars and other expenses associated with a lavish lifestyle.
Deveny was released pending trial. A 7-day jury trial is scheduled for July 16, 2019 before U.S. District Court Judge Michael W. Mosman.
This case was investigated by IRS Criminal Investigation and the FBI and is being prosecuted by Claire M. Fay, Assistant U.S. Attorney for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Former Jackson County Judicial Commissioner Charged in 48-Count IndictmentRead the Press Release
NASHVILLE, Tenn. – May 13, 2019 – a 48-count indictment handed down last week, charged Patrick Martin, 48, of Gainesboro, Tennessee, with two counts of federal program theft, 30 counts of wire fraud, one count of possession of a forged security of an organization, 12 counts of failure to collect or pay employment taxes, two counts of filing false tax returns, and one count of destruction of records in a federal investigation. Jeff Hynes, 51, of Gainesboro, Tennessee, was also charged in the destruction of records count.
Martin and Hynes were arrested on Friday by federal agents and appeared before U.S. Magistrate Judge Alistair Newbern. Hynes was held in custody pending further proceedings and Martin was released with conditions, pending trial.
According to the indictment, Martin embezzled funds belonging to the Community Prevention Coalition of Jackson County, an organization that had the stated mission of preventing and reducing underage alcohol abuse and illegal substance abuse among youth in Jackson County. Martin served as Executive Director of the Coalition while also serving as a Judicial Commissioner in Jackson County. Martin’s scheme resulted in fraudulent wire transfers totaling $375,000.
The indictment alleges that Martin embezzled funds the Coalition received from federal, state, and local sources by causing Coalition checks to be issued to him, which he used to pay personal expenses, including his electric bill, furniture and fixtures for his home and for the purchase of a Ford Mustang for another individual, among others. The indictment also alleges that Martin reimbursed himself for more than the amount of certain expenses, including on three occasions where he reimbursed himself more than $3,000 for the same expense. Then, in the midst of an audit by the Tennessee Comptroller of the Treasury, Martin and Hynes intentionally destroyed a large number of the Coalition’s records, including invoices and other financial records, by setting them on fire.
The indictment also alleges that Martin withheld quarterly taxes from Coalition employees’ wages, but never submitted the funds to the IRS as required, causing a tax loss of more than $82,000.
Finally, the indictment alleges that Martin under reported his income when he filed tax returns for 2014 and 2015.
If convicted, Martin faces up to 10 years on each count of federal program theft, 20 years on each count of wire fraud, 10 years for possession of a forged security, five years on each count of failure to collect or pay employment tax, and three years on each count of filing false tax returns. Martin and Hynes each face up to 20 years on the count for destruction of records in a federal investigation.
This case was investigated by the Federal Bureau of Investigation; the U.S. Department of Health and Human Services, Office of Inspector General; the IRS - Criminal Investigation; and the Tennessee Comptroller of the Treasury. Assistant United States Attorney Robert Levine is prosecuting the case.
The charges are merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Former Autonomy CFO Sentenced to 60 Months in PrisonRead the Press Release
SAN FRANCISCO – Sushovan Hussain, the former Chief Financial Officer of Autonomy Corporation plc, was sentenced to sixty (60) months in prison today following his convictions after trial for one count of conspiracy, fourteen counts of wire fraud and one count of securities fraud by a federal jury, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was imposed by the Honorable Charles R. Breyer, U.S. District Judge.
In addition to the prison term, the Court ordered a fine in the amount of $4 million, the forfeiture of assets in the amount of $6.1 million, a three year term of supervised release and a special assessment of $1,600. Hussain was ordered to surrender to the custody of the Bureau of Prisons on June 15, 2019.
In 2011, Hewlett-Packard Company acquired Autonomy, the former software technology company dual headquartered in the United Kingdom and San Francisco, for about $11.7 billion. The evidence at trial demonstrated that for more than two years prior to the sale, Hussain, 55, a citizen and resident of the United Kingdom, used sophisticated accounting methods to falsely inflate Autonomy’s revenues to make it appear Autonomy was growing when it really was not. Specifically, Hussain used backdated contracts, roundtrips, channel stuffing, and other forms of accounting fraud to fraudulently inflate Autonomy’s publicly-reported revenues by as much as 14.6% in 2009, 17.9% in 2010, 21.5% in the first quarter of 2011, and 12.4% in the second quarter of 2011. In addition, Hussain, and his co-conspirators, fraudulently concealed from investors and market analysts the scale of Autonomy’s hardware sales, which were used to boost the company’s reported revenue. The evidence demonstrated Automony’s sales were inflated by $53.3 million in 2009, $99.08 million in 2010, $20.09 million in the first quarter of 2011 and $20.85 million in the second quarter of 2011.
On November 10, 2016, a federal grand jury indicted Hussain charging him with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and 14 counts of wire fraud, in violation of 18 U.S.C. § 1343. On May 4, 2017, the grand jury superseded the indictment adding one count of securities fraud, in violation of 18 U.S.C. § 1348.
Assistant U.S. Attorneys Robert S. Leach, Adam A. Reeves, and William Frentzen prosecuted the case with the assistance of Elizabeth Margen, Phillip Villanueva, and Bridget Kilkenny. The prosecution is the result of an investigation by the FBI and the United States Securities and Exchange Commission.
Florida Man Sentenced to 3 Years in Prison for Drug Law ViolationsRead the Press Release
ERIE, Pa. - A former resident of Hallandale Beach, Florida, has been sentenced in federal court to 3 years and 2 months (38 months) in prison on his conviction of violating federal drugs laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Julio Forai Peguero Forne, 53.
According to information presented to the court, from in and around July 2014 to in and around January 2015, Forne conspired with two co-defendants to possess with intent to distribute and distribute cocaine, and transported approximately $150,000 in drug proceeds on behalf of the drug distribution organization.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the U.S. Immigration and Customs Enforcement(ICE)/Homeland Security Investigations(HSI) and the Internal Revenue Service, Criminal Investigation for the investigation leading to the successful prosecution of Forne.
Felon in Possession of Firearm Sentenced to Ten Years in PrisonRead the Press Release
OKLAHOMA CITY – BOBBY VON ROGERS, 38, of Moore, has been sentenced to ten years in prison for being a felon in possession of a firearm, announced First Assistant U.S. Attorney Robert J. Troester.
On September 5, 2018, a federal grand jury indicted Rogers on one count of possessing a Smith & Wesson 9mm pistol on April 10, 2018, after having been convicted of a felony. Rogers pleaded guilty on November 29, 2018.
On May 10, 2019, U.S. District Judge David L. Russell sentenced Rogers to the statutory maximum: 120 months, or ten years, in federal prison. This was a variance upward from the U.S. Sentencing Guidelines, which recommended a sentence between 70 and 87 months. The court heard evidence at sentencing that Rogers has had a number of victim protective orders filed against him. According to evidence before the court, the victim had given birth to Rogers’s child a few weeks before April 10, 2018, when Rogers became abusive. The court heard testimony that when the victim’s mother arrived at his residence to intervene, Rogers slammed the mother’s head against a car, put a gun to her head, and asked: "Are you ready to die?" The court imposed the maximum sentence after remarking that Rogers is a danger to any woman he encounters.
"Serious penalties await those who possess a firearm after a felony conviction," said First Assistant U.S. Attorney Troester. "When domestic violence is involved, we will seek an appropriate sentence to prevent further violence and protect victims from future abuse."
This case is the result of an investigation by the Moore Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Prosecuted by Assistant U.S. Attorney Charles W. Brown, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, the Department announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001. To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal gun crimes connected to domestic violence.
Reference is made to court filings for further information.
Eureka Man Sentenced to 33 Months for Role in Trafficking 55 Stolen HandgunsRead the Press Release
Jesse James Marquez was sentenced on Friday to 33 months in prison for his role in the theft and subsequent sale of 55 firearms from a sporting goods store in Eureka, California, in August 2015. The sentence was imposed by the Honorable Charles R. Breyer, U.S. Senior District Judge.
In a plea agreement, Marquez admitted he cut the power lines to disable the alarm at Pacific Outfitters, located at 1600 Fifth Street, Eureka, California 95501, in the early morning hours of August 8, 2015. He then climbed on the roof and broke through a skylight to gain access to the firearms. He broke into a cabinet containing firearms and then carried 55 handguns out of the store in a backpack, forcing open a roll up door to exit the store. After he stole the guns, Marquez stored them until he was able to sell them.
A number of the stolen firearms have been recovered by police officers in California, Oregon, Georgia and elsewhere, including at the scene of a homicide in Arcata, California in September 2017.
In addition to the prison term, Judge Breyer sentenced Marquez to a 3-year term of supervised release and ordered Marquez to pay restitution to Pacific Outfitters in the amount of $56,600. He has been remanded into custody since entering his guilty plea and will begin serving his sentence immediately.
Assistant United States Attorney Jonathan U. Lee prosecuted this case with the assistance of Kimberley Richardson and Hector Lopez. The prosecution is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Eureka Police Department.
Escape from a Halfway House Leads to Additional Federal ConvictionRead the Press Release
A Cedar Rapids man who escaped from federal custody at the Gerald R. Hinzman Center in Cedar Rapids pled guilty on May 10, 2019, in federal court in Cedar Rapids. Shaquandis Thurmond, age 25, from Cedar Rapids, Iowa, was convicted of escape from federal custody.
In a plea agreement, Thurmond admitted that he had previously been convicted of possessing an unregistered short-barreled shotgun. On August 26, 2018, he was in federal custody at the Gerald R. Hinzman Center pursuant to federal court order as a condition of his supervised release sentence. Thurmond left the facility to attend religious services and never returned. Thurmond was arrested on the campus of the University of Northern Iowa on March 18, 2019.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Thurmond remains in custody of the United States Marshal pending sentencing. Thurmond faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment. In the plea agreement Thurmond agreed any term of imprisonment will be imposed to be served consecutively to his supervised release revocation sentence.
The case is being prosecuted by Assistant United States Attorney Patrick Reinert and was investigated by United States Marshals Service, the Northern Iowa Fugitive Task Force, with the assistance of the University of Northern Iowa Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR-19-00035. Follow us on Twitter @USAO_NDIA.
El Departamento de Justicia y la Corte Suprema de Luisiana Llegan a un Acuerdo Para el Ofrecimiento de Apoyo Lingüístico a Individuos que no Dominan el InglésRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia ha llegado a un acuerdo con la Corte Suprema de Luisiana (LSC, por sus siglas en inglés) que reconoce el compromiso de la LSC a colaborar con el Sistema Judicial de Luisiana para iniciar un programa de acceso lingüístico que proporcionará servicios gratuitos de apoyo lingüístico orales y escritos a individuos que no dominan el inglés (LEP, por sus siglas en inglés) para todo proceso y operación judicial estatal.
«Le felicito a la Corte Suprema de Luisiana por su compromiso a trabajar con todos los tribunales estatales en Luisiana a garantizar un acceso significativo para los individuos LEP», declaró el Fiscal General Auxiliar, Eric Dreiband, de la División de Derechos Civiles. «Esta relación colaborativa entre el Departamento de Justicia y la Corte Suprema de Luisiana solo fortalecerá los esfuerzos continuos de la Corte Suprema de Luisiana para garantizar la igualdad de acceso a la justicia para todos».
«Este acuerdo representa una asociación cuyo fin es garantizar que todas las personas, independientemente de su origen nacional, puedan acceder plena y justamente a los tribunales estatales de Luisiana», afirmó el Fiscal Federal Peter Strasser. «Mi oficina se ha comprometido a prevenir la discriminación al amparo del Título VI en todas sus formas en el Sistema Judicial de Luisiana».
Este acuerdo resuelve la investigación por parte del Departamento de Justicia de una denuncia que alegó que los tribunales estatales de Luisiana no brindaron acceso lingüístico a individuos LEP, lo que incluye la falta de suministro a los individuos LEP de intérpretes cualificados en procesos civiles, lo que es una vulneración del Título VI de la ley de Derechos Civiles de 1964 y sus reglamentos (el Título VI). El acuerdo representa un compromiso por parte de la LSC a trabajar con el Departamento de Justicia para asegurar que se ofrezcan los servicios de apoyo lingüístico de manera coherente en el Sistema Judicial de Luisiana.
A lo largo de la investigación, la LSC comenzó a tomar pasos a mejorar los servicios lingüísticos en los tribunales estatales al contratar a un Coordinador de Acceso Lingüístico que es responsable de seguir mejorando los esfuerzos e iniciativas de la LSC en lo que se refiere al cumplimiento con el Título VI. Asimismo, la LSC desarrolló herramientas de asistencia técnica y ofreció capacitaciones a los jueces de los tribunales estatales de Luisiana que le enseñaron cómo abordar los encuentros con individuos LEP. Entre otros compromisos en el acuerdo, la LSC realizará una evaluación del Sistema Judicial de Luisiana para poder aportar mayor información para el desarrollo de un programa de acceso lingüístico más robusto. La LSC también trabajará con el Departamento de Justicia para crear un plan de acceso lingüístico estatal que incluirá un esquema para que todos los tribunales estatales puedan desarrollar su propio plan.
Este asunto fue co-investigado por los abogados Dylan Nicole de Kervor y Michael Mulé de la Sección Federal de Coordinación y Cumplimiento de la División de Derechos Civiles y el Fiscal Federal Auxiliar David Howard Sinkman de la Fiscalía Federal para el Distrito Este de Luisiana.
Esta denuncia fue resuelta como parte de los esfuerzos de la FCS para garantizar que los tribunales estatales cumplan con los requisitos de acceso lingüístico del Título VI. El equipo de la FCS que se dedica a asunto relacionados con los tribunales ofrece orientación normativa y asistencia técnica a los sistemas de tribunales estatales y se encarga, con las Fiscalías Federales por todo el país, de acciones de ejecución.
Eighteen charged in 20-count drug distribution conspiracyRead the Press Release
SAVANNAH, GA: Eleven men and seven women have been charged as part of an undercover investigation targeting a multi-county drug distribution network.
The 20-count indictment charges the defendants with a wide-ranging conspiracy to possess and distribute methamphetamine and marijuana and with gun possession violations stemming from Operation Who’s Laughing Now, said Bobby L. Christine, United States Attorney for the Southern District of Georgia.
“The scope of this operation and the number of defendants demonstrates why the Southern District of Georgia ranks No. 1 in the United States in the number of violent crime defendants charged per prosecutor,” Christine said. “Our office is committed to working with our federal, state and local law enforcement partners in targeting and eradicating these criminal drug and firearms operations.”
According to court documents, the defendants were arrested during the operation conducted by the Liberty County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration, along with other local law enforcement agencies in a 20-county area of eastern Georgia. In addition to quantities of methamphetamine and marijuana, investigators also seized 14 firearms – including two unregistered sawed-off shotguns – and a large amount of ammunition and magazines.
All 18 defendants are charged with Conspiracy to Possess with Intent to Distribute Methamphetamine and Marijuana. Additional charges in the indictment are:
- Tina Hatterer, 39, of Ludowici, Ga., charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; four counts of Possession of Methamphetamine with Intent to Distribute; two counts of Possession of a Firearm in Furtherance of a Drug Offense; and two counts of Possession of a Firearm by a Convicted Felon;
- Deanna Parker, 35, of Ludowici, Ga., charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Methamphetamine and Marijuana with Intent to Distribute; and Possession of a Firearm in Furtherance of a Drug Offense;
- Robert Jennings, a/k/a “Tattoo,” 32, of Ludowici, Ga., charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Methamphetamine and Marijuana with Intent to Distribute; and selling firearms without a license;
- Bayleigh Laughing, 22, of Hinesville, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute;
- Daniel Jeffers, a/k/a “Dirty,” 30, of Savannah, GA charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Methamphetamine and Marijuana with Intent to Distribute;
- Michael Cronk, 28, and his brother Steven Cronk, 34, both of Savannah, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Methamphetamine and Marijuana with Intent to Distribute; and Possession of a Firearm in Furtherance of a Drug Offense;
- Toni R. Lowery, 36, of Midway, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Methamphetamine and Marijuana with Intent to Distribute; and Possession of a Firearm in Furtherance of a Drug Offense;
- Cassandra Ellis, 28, of Savannah, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Methamphetamine and Marijuana with Intent to Distribute; and Possession of a Firearm in Furtherance of a Drug Offense;
- Jonathan Vollmer, a/k/a “Erik,” 43, of Hinesville, Ga., charged with selling firearms without a license; Possession of a Firearm by an Unlawful Drug User; and possession of a sawed-off shotgun;
- Ashley Vollmer, 43, of Hinesville, Ga., charged with Possession of a Firearm by an Unlawful Drug User; and possession of a sawed-off shotgun;
- James Blue, a/k/a “Fat Boy,” 30, of Hinesville; Conspiracy to Possess with Intent to Distribute Methamphetamine and Marijuana.
- Houstin Schlernitzauer, 23, of Richmond Hill, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute;
- Zachary Carter, 34, of Hinesville, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; and Possession of Ammunition by a Convicted Felon;
- Christina Moore, 33, of Hinesville, charged with Possession of Methamphetamine and Marijuana with Intent to Distribute;
- Tyler Aceto, 27, of Hinesville, charged with charged with Possession of Methamphetamine and Marijuana with Intent to Distribute;
- Steven Teft, 30, of Hinesville, charged with Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; and,
- Dejoun Thomas, a/k/a “Dae Dae,” 23 of Hinesville, charged with two counts of Possession of 50 Grams or More of Methamphetamine with Intent to Distribute; Possession of Marijuana with Intent to Distribute; and, Possession of Methamphetamine with Intent to Distribute.
The charges carry penalties upon conviction of up to life in prison.
“As prosecutors, we appreciate the hard, dangerous work of the law enforcement professionals who conduct these undercover operations,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “We will honor their heroism by doing our duty, and bring justice to those who would pollute our neighborhoods with drugs and illegal weapons.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division stated, “Today we have removed dangerous criminals from the streets of south Georgia. These poly-drug traffickers will no longer be able to deliver deadly doses of poison in the community. This investigation was a success because of the great working relationship that DEA has with its federal, state, local counterparts and the U.S. Attorney’s Office.”
“This is another example of our law enforcement partners working together to rid our streets and communities of drugs and firearm-related violence,” said Lenwood S. Reeves, Resident Agent in Charge of the Savannah Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Liberty County Sheriff Steve Sikes stated, “This operation is the result of many long hours of work by the men and women of several law enforcement agencies, but I want to especially recognize the members of the Narcotics Unit of the Liberty County Sheriff’s Office. Because of their dedication to this operation, our citizens can rest assured that their neighborhoods are safer now. I also want to express my appreciation for the assistance of the ATF and DEA during this long investigation. This type of case would be very difficult to prosecute without the cooperation of our federal law enforcement partners and the U.S. Attorney’s Office.”
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
The case is being prosecuted for the United States by Assistant U.S. Attorneys Katelyn Semales and Marcela Mateo.
Eight Baltimore Defendants Indicted for Fentanyl Distribution ConspiracyRead the Press Release
Baltimore, Maryland – A federal grand jury has returned a superseding indictment charging eight defendants with participating in a heroin and fentanyl distribution conspiracy allegedly operating in the Baltimore area since at least February 2018, as well as related charges. The superseding indictment was returned on May 7, 2019, and unsealed May 9, 2019. The following defendants are charged with conspiracy to distribute and possess with intent to distribute fentanyl, cocaine, and heroin:
Raheem Benjamin, age 26, of Baltimore;
Tyrone Milton Gholston, age 39, of Baltimore;
Daryl Hart, age 38, of Edgewood, Maryland;
Joshua Johnson, age 28, of Baltimore;
Ellison Mccrea, age 28, of Baltimore;
Raynard Minter, age 21, of Baltimore;
Morranda Phimpisane, age 32, of Baltimore; andApril Wilkes, age 36, of Baltimore.
The superseding indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; and Commissioner Michael Harrison of the Baltimore Police Department.
“More and more people are dying from fentanyl overdoses in Baltimore City and throughout the state,” said U.S. Attorney Robert K. Hur. “We are continuing to do everything possible to reduce overdose deaths from fentanyl and from all opioids, by investigating and prosecuting those who distribute this poison in our community.”
In addition to the drug conspiracy, the seven-count superseding indictment charges Benjamin with possession of a firearm and ammunition by a prohibited person and with possession of a firearm in furtherance of a drug trafficking crime. Gholston is charged with maintaining a drug-involved premises. Hart, Minter, and Phimpisane are charged with possession with intent to distribute a mixture of fentanyl and heroin, and Johnson is charged with possession with intent to distribute fentanyl.
If convicted, the defendants each face a minimum mandatory sentence of 10 years in prison and a maximum sentence of life in prison for the drug conspiracy. Benjamin also faces a mandatory minimum of five years in prison, consecutive to any other sentence imposed and a maximum of 10 years in prison for being a felon in possession of a firearm and ammunition; and a maximum of life in prison for possession of a firearm in furtherance of a drug trafficking crime. Hart, Minter, Phimpisane, and Johnson each face a maximum of 20 years in prison for possession with intent to distribute controlled dangerous substances.
All of the defendants except Gholston have been arrested and are in federal or state custody. Hart and Phimpisane had an initial appearance on May 9, 2019 in U.S. District Court in Baltimore, and were ordered to be detained pending detention hearings. The six other defendants do not yet have an initial appearance scheduled.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
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 and the Baltimore Police Department for their work in the investigation and thanked the State’s Attorney’s Office for Baltimore City for its assistance. Mr. Hur thanked Assistant U.S. Attorney Michael A. Goldsticker, who is prosecuting the case.
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Drug Trafficker Who Possessed Pills Laced with Fentanyl, Methamphetamine, and Heroin Sentenced to 48 Months in PrisonRead the Press Release
SAN FRANCISCO – Bernardo Olivas Leyva was sentenced today to 4 years in prison and 5 years of supervised release for conspiring to distribute and possess with intent to distribute more than 500 grams of methamphetamine, announced United States Attorney David L. Anderson, Drug Enforcement Administration Special Agent in Charge Chris Nielsen, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent Ray M. Roundtree. The sentence was handed down by the Honorable Charles R. Breyer, Senior U.S. District Judge.
Olivas Leyva pleaded guilty on December 19, 2018, to a single count indictment charging a violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A)(viii), conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine. According to the plea agreement Olivas Leyva admitted that he had agreed with an individual based in Mexico to bring methamphetamine into the United States. Olivas Leyva admitted that he and his co-defendant, Carlos Luna Rodriguez, obtained methamphetamine, heroin, and a quantity of pills in Fontana, California, in a truck that they intended to drive to Seattle, Washington. Olivas Leyva admitted that there were 126 pounds of methamphetamine, 2.5 pounds of suspected heroin, and 2,990 pills that contained fentanyl in the truck.
Olivas Leyva, 63, a citizen of Mexico, along with Luna Rodriguez, 23, also a citizen of Mexico, were indicted by a federal grand jury on June 5, 2018, with engaging in a conspiracy to distribute and possess with intent to distribute methamphetamine. Luna Rodriguez pled guilty on December 19, 2018, to a superseding information that charged him with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). He was sentenced on March 15, 2019, to 15 months in prison.
Sheila Armbrust is the Assistant U.S. Attorney who prosecuted the case with the assistance of Linda Love. The prosecution is the result of a multi-year investigation by the Drug Enforcement Administration and Bureau of Alcohol Tobacco, Firearms and Explosives.
Doctor Described as ‘Candy Man’ and ‘El Chapo of Opioids’ Charged with Distributing Opioids to PatientsRead the Press Release
NEWARK, N.J. – A Bergen County doctor has been charged with distributing opioids without a legitimate medical reason and falsifying medical records to cover it up, U.S. Attorney Craig Carpenito announced.
Robert Delagente, 45, of Oakland, New Jersey, is charged by complaint with one count of distribution of controlled dangerous substances and one count of obstruction of justice. Delagente is scheduled to appear this afternoon before U.S. Magistrate Judge Steven C. Mannion in Newark federal court.
According to documents filed in this case and statements made in court:
Beginning in May 2014, Delagente was a doctor at a medical practice called North Jersey Family Medicine (NJFM) in Oakland, New Jersey. He allegedly described himself in conversations pertaining to his prescribing of painkillers as the “Candy Man” and the “El Chapo of Opioids.” Delagente knowingly prescribed controlled substances, such as oxycodone, Percocet, Tylenol with codeine, and various benzodiazepines (alprazolam, diazepam, clonazepam, and temazepam), outside the ordinary course of professional practice and without a legitimate medical purpose. He ignored the inherent danger and medical risk of overdose, drug abuse, and death that can accompany prescriptions of highly addictive opioids, benzodiazepines, and muscle relaxers, both on their own and in combination with one another.
Delagente prescribed controlled substances without ever seeing the purported patient for a medical visit or even discussing with the patient the medical need for the prescription. He allowed patients to ask him for controlled substances via text message and would write a prescription for patients that he would leave at the front desk, without requiring an office visit or consultation of any kind. He allowed patients to dictate the strength and dosage of the controlled substances he prescribed for them. Delagente also prescribed the dangerous drug combination known as the “Holy Trinity,” comprised of opioids (usually oxycodone), benzodiazepines (usually alprazolam) and muscle relaxers (usually carisoprodol).
Delagente failed to monitor patients for addiction and ignored drug screening tests to determine whether certain patients were taking illicit drugs. In fact, Delagente prescribed controlled substances to patients he knew were addicted to opioids or other controlled substances. In one instance, an NJFM employee texted Delagente that a patient had gotten a babysitter and driven a long distance to get to the practice, but had been unable to see a doctor. Delagente responded: “Oh well … C’est la vie! Lol … He can wait for his oral heroin another day. Lol.”
One patient texted Delagente that the patient “probably can’t stop the pk’s,” referring to painkillers. The patient told Delagente that the patient “would need a plan to stop…not cold turkey.” A few days later, when the patient was having trouble obtaining pain medication, the patient wrote to Delagente that “If I go 4 days without [painkillers] I am in huge trouble.” In response, Delagente wrote “I will leave you a short supply RX [prescription] at the front to pick up.” Delagente then wrote the patient a prescription for 120 tablets of 30-milligram oxycodone for 30 days. Delagente at one point told this patient: “I’m literally sticking my neck out and can lose my medical license or [be] arrested for what I just did.”
Delagente also was charged with altering medical records of patients who received controlled substance prescriptions from him after law enforcement officials had subpoenaed the records from him in late April 2019.
Delagente faces a maximum penalty of 20 years in prison and a $1 million fine on the distribution of controlled dangerous substances charge. Delagente faces a maximum penalty of 20 years in prison and a $250,000 fine on the obstruction charge.
U.S. Attorney Craig Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Erica Liu, Chief of the Opioids Unit, and Jason S. Gould of the Opioids Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Riza Dagli Esq., Roseland, New Jersey
Department of Justice's Antitrust Division Joins Framework on Competition Agency Procedures as Founding MemberRead the Press Release
On May 1, 2019, the Antitrust Division joined the Framework on Competition Agency Procedures as a founding member. This historic multilateral agreement recognizes fundamental principles of transparency and procedural fairness in antitrust enforcement and promotes review mechanisms to ensure that participating agencies abide by these norms. The framework adopted the principles outlined by the Multilateral Framework on Procedures, as described by Assistant Attorney General Makan Delrahim in a speech at the Council on Foreign Relations on June 1, 2018. It was adopted by the International Competition Network (ICN) on April 3, 2019, and it became open for all national, supranational, and customs territory-specific competition agencies, both ICN member and non-member agencies, to join as participants on May 1, 2019.
“I encourage our antitrust enforcement partners around the world to become founding members of this historic multilateral framework on procedures,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “Broad participation in the new framework will demonstrate our universal commitment to transparency and fairness, and it will strengthen cooperation among and confidence in antitrust enforcement agencies across the globe.”
The Framework on Competition Agency Procedures will come into effect on May 15, 2019, at an inauguration ceremony of the founding members during the ICN annual conference in Cartagena, Colombia.
The ICN, founded by 15 agencies including the Department of Justice’s Antitrust Division, was created in October 2001 to increase understanding of competition policy and promote convergence toward sound antitrust enforcement around the world. The ICN has grown to include 138 member agencies from 125 jurisdictions, supported by a wide network of non-governmental advisors from around the world.
The text of the Framework on Competition Agency Procedures can be found here.
Dallas County Man Sentenced to 27 Months for Possession of a Firearm After Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Michael Watts, a 40 year old resident of Selma, Alabama was sentenced to 27 months of incarceration for possession of two firearms after previously being convicted of two felonies, namely, Assault 1st and Shooting into an Occupied Building.
On February 19, 2019, Watts entered a guilty plea pursuant to a plea agreement and admitted in open court that on December 3, 2018, at approximately 10:50 pm, Dallas County, AL Sheriff’s Office deputies were working at a driver’s license checkpoint on County Road 81 in the Selma, Alabama area. Watts approached the check point driving a Grey Ford Crown Victoria and was asked to provide his driver’s license. When deputies asked for Watts’ driver’s license they could smell marijuana coming for inside the vehicle. Watts and the other occupant in the vehicle (the front seat passenger) were then asked to exit the vehicle. Both did so without incident. Before officers could conduct a safety check of Watts, he told them, “I have two guns on me.” The firearms were seized from his front pocket. They are described as a Smith & Wesson, Airweight, .38 caliber pistol, and an FIE, Titan, .25 caliber pistol.
Deputies of the Dallas County Sheriff’s Office along with special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.Court Finds RM Broadcasting Must Register as a Foreign AgentRead the Press Release
U.S. District Court Judge Robin L. Rosenberg has ruled that a Florida-based company, RM Broadcasting LLC (RM Broadcasting), was acting as an agent of a foreign principal and must register as such under the Foreign Agents Registration Act of 1938 (FARA).
The Department of Justice contended in a civil counterclaim that RM Broadcasting has been acting as an agent of the the Federal State Unitary Enterprise Rossiya Segodnya International Information Agency (Rossiya Segodnya), a Russian state-owned media enterprise created by Vladimir Putin to advance Russian interests abroad. The litigation marked the first FARA civil enforcement action since 1991. Assistant Attorney General for National Security John C. Demers and U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida made the announcement.
“The American people have a right to know if a foreign flag waves behind speech broadcast in the United States,” said Assistant Attorney General Demers. “Our concern is not the content of the speech but providing transparency about the true identity of the speaker. This case shows that the Department can and will utilize all of its tools to bring transparency to efforts by foreign entities to influence the American public and our government, and demonstrates our renewed effort to enforce FARA rigorously.”
“While the right to free speech remains paramount to our democracy,” U.S. Attorney Ariana Fajardo Orshan said. “FARA ensures that the American public is fully cognizant of the true source of the messages broadcast in the United States. Armed with full information, Americans may properly evaluate the value of the speech they hear. As such, FARA is a fundamental tool in our continuing efforts to defend our democracy.”
In November 2017, RM Broadcasting and Rossiya Segodnya entered into a services agreement pursuant to which RM Broadcasting would provide for the broadcast of Rossiya Segodnya’s “Sputnik” radio programs on AM radio channel 1390 WZHF in the Washington, D.C. region. Under this agreement, RM Broadcasting could not alter Rossiya Segodnya’s radio programs in any way. As the services agreement established Rossiya Segodnya’s direction and control over RM Broadcasting, the FARA Unit of the National Security Division informed RM Broadcasting that it was acting as a publicity agent and an information-service employee of Rossiya Segodnya and was required to register as an agent of a foreign principal.
RM Broadcasting initiated the proceeding in the Southern District of Florida seeking a declaratory judgment that it did not have to register as an agent of a foreign principal. The Department responded by filing a counterclaim seeking an injunction to require RM Broadcasting to register. Earlier this week, the court granted the Department’s motion for judgment on the pleadings. A final judgment directing RM Broadcasting to register under FARA is expected.
This case was handled by Assistant U.S. Attorney Matthew J. Feeley and Trial Attorney Nicholas Hunter of the National Security Division’s Counterintelligence and Export Control Section.
About FARA
The purpose of FARA is to protect the national defense, internal security, and foreign relations of the United States by requiring public disclosure by persons engaging in political activities and other activities for or on behalf of foreign governments, foreign political parties and other foreign principals so that the Government and the people of the United States may be informed of the identity of such persons and may apprise their statements and actions in the light of their associations and activities.
Convicted Felon Sentenced to Federal Prison After Living Under an Assumed Identity for Nearly 18 YearsRead the Press Release
Tampa, Florida– Chief U.S. District Judge Steven Merryday today sentenced Luilly Rafael Almonte Hiciano (48, St. Pete Beach) to four years and three months in federal prison for aggravated identity theft and lying to the United States government. The court also ordered Hiciano to pay restitution to the victim of the offense.
Hiciano had pleaded guilty on February 8, 2019, to one count of aggravated identity theft and two counts of lying to the United States government. As part of the plea agreement, Hiciano agreed that he may be removed from the United States and denied immigration benefits in the future.
According to court documents, Hiciano attempted to move to the United States in 1999, but was denied a visa to enter. Nevertheless, he moved to the United States and assumed the identity of an unsuspecting U.S. citizen, which Hiciano used for approximately 18 years until his arrest in 2018. Hiciano used the victim’s identity to obtain two U.S. Passports, driver licenses, and three Social Security cards. In addition, between 2004 and 2010, Hiciano served approximately 3 ½ years in jail for crimes he had committed using the victim’s identity.
“The Diplomatic Security Service is firmly committed to making sure that those who commit passport fraud face consequences for their criminal actions,” said Frederick R. Stolper, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Miami Field Office. “The strong relationship we enjoy with the U.S. Attorney’s Office and other law enforcement agencies around the world is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests.”
“Illegal aliens who commit identity theft and fraudulently acquire U.S. passports are a threat to our nation’s security,” said Homeland Security Investigations Tampa Special Agent in Charge James C. Spero. “The U.S. passport is one of the most valuable travel documents in the world and HSI places a high priority on investigating document and benefit fraud.”
This case was investigated by the State Department’s Diplomatic Security Service, with assistance from the Department of Homeland Security, Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Daniel George.
Carbon County Man Sentenced to 30 Years’ Imprisonment for Production of Child PornographyRead the Press Release
WILKES-BARRE – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 9, 2019, Jared Andrew Novy, age 39, of Jim Thorpe, Pennsylvania, was sentenced to 360 months’ imprisonment by United States District Court Judge A. Richard Caputo for the production of child pornography.
According to United States Attorney David J. Freed, Novy pleaded guilty to production of child pornography in July 2018, and admitted that he produced multiple videos and images of minors engaged in sexually explicit conduct. Novy previously pleaded guilty and was sentenced in Carbon County to state related sexual abuse crimes involving minors.
The charges stem from an investigation conducted by Homeland Security Investigations – Philadelphia Division. Assistant United States Attorney Michelle Olshefski prosecuted the case.
In addition to the prison term, Judge Caputo ordered that Novy by supervised by a probation officer for ten years following his release from prison. Novy will also be required to comply with the registration requirements of the Sexual Offender Registration and Notification Act (Adam Walsh Act) upon release from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Bronx Man Pleads Guilty to Heroin Trafficking in Columbia CountyRead the Press Release
ALBANY, NEW YORK – Saul E. Pacheco, age 38, of the Bronx, New York, pled guilty today to conspiring with another person to distribute more than 100 grams of heroin in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, New York Division, U.S. Drug Enforcement Administration (DEA); and Columbia County Sheriff David P. Bartlett.
In pleading guilty, Pacheco admitted to supplying heroin to Timothy J. Simpson Jr., a Columbia County drug dealer, from at least April 2017 through March 2018. Pacheco was arrested on April 4, 2018, while attempting to meet Simpson in the parking lot of a casino in Yonkers, Westchester County. In the parking lot, DEA Special Agents located a plastic bag containing approximately 68 grams of heroin, which Pacheco had discarded once he noticed agents approaching him.
Pacheco, who is in custody, faces at least 5 years and up to 40 years in prison, as well as a term of post-imprisonment supervised release of at least 4 years and up to life, when he is sentenced on September 16, 2019 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Simpson has pled guilty to drug conspiracy and possession charges, and is scheduled to be sentenced by Judge McAvoy on June 19, 2019.
This case was investigated by the DEA and the Columbia County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Pacheco has also pled guilty to an unrelated charge of conspiring to distribute more than 40 grams of fentanyl, in a case investigated by the DEA and prosecuted by the United States Attorney’s Office for the Southern District of New York. Pacheco faces at least 5 years in prison in that case as well.
British Womenswear Retailer Agrees to Pay $610,000 to Settle False Claims Act Allegations Concerning Improper Avoidance of Customs DutiesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced today that Selective Marketplace Ltd. (“Selective”), of Loughborough, England, has entered into a civil settlement agreement with the U.S. under which it will pay a total of $610,000 to resolve allegations that it violated the False Claims Act (“FCA”). The FCA is the government’s primary civil remedy to redress false claims involving government funds.
The settlement resolves allegations that Selective improperly avoided U.S. customs duties owed on merchandise under its two brand names, Wrap London and Poetry, shipped from the United Kingdom to U.S. customers, including those in Maine. See United States ex rel. Vale v. Selective Marketplace Ltd. et al., Civil No. 2:17-cv-380-LEW (D. Me.). Generally, U.S. customers owed no customs duties on single shipments of merchandise into the U.S. worth less than $200. The complaint alleged that Selective improperly evaded customs duties that would have been paid by U.S. customers by breaking up single shipments worth more than those amounts into multiple shipments of lesser value in order to avoid the applicable duties.
The FCA action was originally filed by Kristin and Stephen Vale under the FCA’s whistleblower, or qui tam, provisions that allow private individuals who have knowledge of fraud committed against the government to file lawsuits on the government’s behalf. The FCA permits the government to recover up to three times the amount of damages incurred by the U.S., in addition to civil penalties for each violation. The government may also intervene and file its own lawsuit for damages and penalties, as it did in this case. If the government prevails in the action, the whistleblower, also known as the relator, may receive a share of the recovery. Here, the government will pay the relators, Kristin and Stephen Vale, a share of the settlement proceeds.
The government was represented by the U.S. Attorney’s Office for the District of Maine and U.S. Customs and Border Protection. Selective cooperated throughout the investigation.