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Monday 22 April 2019
Ottawa Man Sentenced for Seeking Child, Mother for SexRead the Press Release
TOPEKA, KAN. – An Ottawa man was sentenced today to 14 years in federal prison for driving to Missouri to meet what he believed was a mother who was willing to sell her 10-year-old daughter for sex, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $5,000 to the Justice for Victims of Trafficking Act.
Michael David Mitchell, 64, Ottawa, Kan., pleaded guilty to one count of interstate travel to engage in unlawful sexual conduct. The investigation began when investigators received information that Mitchell was looking for a woman with a minor child to become his sex slaves. Mitchell communicated with an undercover investigator posing as a broker who could find Mitchell what he wanted. In his plea, Mitchell admitted that in June 2017 he drove from Ottawa, Kan., to Independence, Mo., to meet a woman he had been told was willing to make the deal. He brought money with him to pay a $5,000 finder’s fee.
McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Ohio man sentenced for drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Cornell D. Wallace, of Canton, Ohio, was sentenced today to 77 months incarceration for drug distribution, United States Attorney Bill Powell announced.
Wallace, age 28, pled guilty to one count of “Distribution of Methamphetamine” in February 2019. Wallace admitted to selling methamphetamine in August 2018 in Marshall County.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio, Police Department Gang Crimes Unit assisted in the case.
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.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Nineteen Members of a Drug Trafficking Organization Indicted for Distributing Methamphetamine, Cocaine and Marijuana throughout Western TennesseeRead the Press Release
Memphis, TN – A total of nineteen individuals have been indicted in two separate indictments for conspiracy to distribute Methamphetamine, Cocaine and Marijuana in the Western District of Tennessee. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
On March 18, 2019, a federal grand jury returned indictments charging 4 defendants with conspiracy to distribute Methamphetamine and one count of being a felon in possession of a firearm that had been shipped in interstate commerce. On April 15, 2019, in a case connected to the previous indictment, a federal grand jury returned indictments charging 15 defendants with conspiracy to distribute methamphetamine, cocaine, and marijuana which remained sealed until the defendants’ arrests. This investigation was conducted in conjunction with prosecutors in Jackson as part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) Program, which seeks to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations, money laundering organizations and related criminal enterprises.
These indictments follow a year-long investigative operation known as "Two Foot Shackle", involving agents with the FBI and ATF as well as other state and local law enforcement agencies in this joint operation, and using a variety of investigative techniques, sources, and methods. These defendants are alleged to have participated in a conspiracy to distribute narcotics throughout the Western District of Tennessee.
The four defendants in the first indictment are:
- Walter McPeake
- Johnny Todd
- Sheldon Hart
- Kevin Finch
Count 1 charges Walter McPeake, Johnny Todd, Sheldon Hart and Kevin Finch with conspiracy to possess with the intent to distribute in excess of 50 grams of actual methamphetamine, a Schedule II controlled substance.
Count 2 charges Walter McPeake with knowingly and unlawfully receiving and possessing a stolen firearm that had been shipped and transported in interstate commerce, knowing and having reasonable cause to believe the firearm was stolen.
Kevin Finch is currently released on bond. However, McPeake, Todd and Hart remain in custody.
If convicted, the defendants each face mandatory minimum sentences of 10 years imprisonment and up to life.
Ten of the fifteen defendants in the second indictment that are currently in custody are:
- Timmy Jermaine Cole
- Anthony McElrath
- Kelvin Pettigrew
- Lynnie Ray Pettigrew
- Nickolas Atkins
- Cornelius Talley
- Cindy Cannon
- Scotty Tubbs
- Rolando Garibaldi-Alvarado
- Steven Williams
Five defendants remain at large, and their indictments remain under seal.
Count 1 charges Timmy Jermaine Cole, Lynnie Ray Pettigrew, Kelvin Pettigrew, Nickolas Atkins, Cornelius Talley, Cindy Cannon, Scotty Tubbs and Steven Williams with conspiracy to possess with the intent to distribute in excess of 50 grams of actual methamphetamine, a Schedule II controlled substance.
Count 2 charges Timmy Jermaine Cole, Lynnie Ray Pettigrew, Rolando Garibaldi-Alvarado, Kelvin Pettigrew, Anthony McElrath, and Nickolas Atkins with conspiracy to possess with the intent to distribute in excess of 5 kilograms of Cocaine, a Schedule II controlled substance.
Count 3 charges Timmy Jermaine Cole, Lynnie Ray Pettigrew, Kelvin Pettigrew, Nickolas Atkins, and Cornelius Talley with conspiracy to possess with the intent to distribute in excess of 1000 kilograms of marijuana, a Schedule I controlled substance.
During this investigation, agents seized multiple firearms, approximately 15 pounds of methamphetamine, crack cocaine, and approximately 60 pounds of marijuana.
If convicted, the defendants each face mandatory minimum sentences of 10 years imprisonment and up to life.
U.S. Attorney D. Michael Dunavant said, "These indictments and takedown operation represent another great example of law enforcement working together to remove criminals from the Western District of Tennessee. Criminal enterprises that distribute these harmful drugs into our rural communities can no longer hide. We are taking the fight to the drug trafficking organizations in order to dismantle them and remove them from our streets."
"The FBI is dedicated to disrupting and dismantling drug trafficking organizations and ending the violence they bring to our community, "said Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation M.A. Myers. "These arrests demonstrate the commitment of the FBI and our law enforcement partners to root out those who seek to pollute our community and should serve as a reminder that the FBI will continue to target these offenders."
ATF Special Agent in Charge, Marcus Watson said, "ATF’s Crime Gun Intelligence Centers are the driving force to reduce the violent crime that plagues our neighborhoods. These indictments illustrate the effective partnerships with law enforcement and the community."
This case was investigated by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), 24th Judicial District Drug Task Force, Decatur County Sheriff’s Office, Lexington Police Department, Dyersburg Police Department, Jackson Police Department, Selmer Police Department, McNairy County Sheriff’s Office, Hardeman County Sheriff’s Office and the Tennessee Highway Patrol.
Assistant U.S. Attorneys Jerry Kitchen and Hillary Parham are prosecuting this case on behalf of the government.
The charges and allegations in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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Mobile County, Alabama Man Receives Statutory Maximum 120 Month Sentence for Possession of a Firearm by a Prohibited Person (Felon)Read the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that on April 12, 2019, Kendarius Devan Lucious of Citronelle, Alabama was sentenced to 120 months imprisonment for Possession of a Firearm by a Prohibited Person before Chief Judge Kristi DuBose. Lucious is a felon from prior convictions and is prohibited from possessing a firearm. Lucious was found to be in possession of two firearms. On January 23, 2019, Lucious pled guilty to the offense of being a felon in possession of a firearm.
On September 3, 2018, Citronelle Police Officers responded to call at an apartment complex stating that Lucious was armed and causing problems. Officers had been called to the apartment several times before but Lucious always eluded police. A relative of Lucious told police that Lucious had a shotgun and Lucious stated he was going to make police kill him. As police entered the apartment, they saw Lucious with a shotgun. Officers ordered Lucious several times to show his hands with no avail. As officers moved closer Lucious fired two 12 gauge shotgun rounds at the officers. The officers returned fire, striking Lucious. A revolver was found in Lucious’ pants pocket.
U.S. Attorney Richard Moore said: “This case demonstrates why convicted felons should not be allowed to possess a firearm. The defendant fired on law enforcement officers which we will not tolerate. If you shoot at a cop we will come after you with everything that we have. You do not shoot a cop. We intend to spread the word and convince criminals to think twice about harming those who put their lives on the line for all of us. You do not shoot a cop.”Special Agents of the Federal Bureau of Investigations along with officers of the Citronelle Police Office, Alabama office 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, Michael D. Anderson.
Mobile County Man Receives One Year Probation for Embezzling Mail While Employed as a U.S. Postal Service Mail CarrierRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Devon J. Donald, a 26 year old resident of Mobile, Alabama was sentenced to one year of probation after conviction for embezzling from the U.S. mail.
On January 17, 2019, Donald entered a guilty plea pursuant to a plea agreement and admitted in open court that from on or about December 9, 2017, and continuing through on or about February 20, 2018, Donald was a mail carrier employed by the United States Postal Service. Another postal employee, Unterria J. Rogers, asked Donald to remove six priority mail parcels from the U. S. mail stream and give them to him. All of the packages Rogers requested were entrusted to Donald for delivery to the addressees along his mail delivery route. Donald removed the packages from the U. S. mail stream and gave them to Rogers. Rogers requested the packages because there were quantities of marijuana inside of each one. Donald admitted purchasing marijuana from Rogers in the past. Donald also confessed to embezzling the priority mail packages from the U. S. mail.
Inspectors of the United States Postal Inspection Service along with special agents of the United States Postal Service/Office of the Inspector General 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.Mineral County woman admits to role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brittany Baker, of Elk Garden, West Virginia, has admitted to her involvement in a drug distribution conspiracy, United States Attorney Bill Powell announced.
Baker, age 22, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine.” Baker admitted to distributing methamphetamine in June 2018 in Mineral County.
Baker faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, The West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force 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.
Milwaukee Man Convicted of Aiding and Abetting an Attempt to Provide Material Support to ISISRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin, announced that on April 22, 2019, Yosvany Padilla-Conde, of Milwaukee, pled guilty to aiding and abetting Jason Luedke’s attempt to provide material support or resources to a foreign terrorist organization – i.e., the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and al’Sham (ISIS), and the Islamic State of Iraq and Syria (ISIS) – in violation of Title 18, United States Code, Section 2339B(a)(1).
Padilla-Conde is a Cuban national who resided in Milwaukee at the time of the offense. He agreed to assist and did assist Jason Ludke in Ludke’s attempt to join ISIS by traveling from Wisconsin through Mexico to Syria and Iraq. Ludke and Padilla-Conde knew that ISIS engaged in terrorist activity. Padilla-Conde also swore allegiance to ISIS and expressed his intent to travel to the Middle East in videos that an undercover employee (“UCE”) of the Federal Bureau of Investigation (“FBI”) and Ludke requested that he make. The videos were sent to the UCE, who Padilla-Conde believed was an ISIS recruiter. On October 5, 2016, Ludke and his coconspirator were traveling to the Texas/Mexico border in order to accomplish their plan to join ISIS, when law enforcement located and arrested them.
Ludke was convicted of conspiring to provide material support or resources to a foreign terrorist organization – i.e., ISIS – in 2018. He is currently incarcerated.
“National security is the Department of Justice’s first priority,” said U.S. Attorney Krueger. “Our commitment to national security means working to prevent acts of violence before they occur. Padilla-Conde swore allegiance to an extremely violent terrorist organization and then traveled across the country in an attempt to join it. This case underscores that homegrown violent extremism remains a very real threat. The case also highlights excellent collaboration by federal and local law enforcement to blunt the threat before innocent lives are taken.”
Acting Special Agent in Charge Michelle Sutphin, said “Protecting Americans from terrorist threats is the highest priority of the FBI. We are dedicated to working around the clock, here in Wisconsin, with our Joint Terrorism Task Force (JTTF) partners at the local, state and federal level to keep our community safe from those seeking to provide support and resources to a known foreign terrorist organization.”
Padilla-Conde faces a maximum term of imprisonment of twenty years, a maximum term of supervised release of life, and a maximum fine of $250,000. His sentencing is set for August 7, 2019 1:30 pm before Judge Lynn Adelman.
This conviction is the result of an extensive investigation by the FBI’s Milwaukee Field Office. The case is being prosecuted by Assistant United States Attorney Benjamin Taibleson and Trial Attorney Joseph Attias of the National Security Division.
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Michigan Home Health Agency Owner Sentenced to Prison for $8.3 Million Medicare FraudRead the Press Release
A Michigan home health agency owner was sentenced to 84 months in prison today for his role in an $8.3 million scheme to defraud Medicare.
Assistant Attorney General Brian A. Benczowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.
Zahir Shah, 49, of West Bloomfield, Michigan, was sentenced by U.S. District Judge Avern Cohn of the Eastern District of Michigan, who also ordered Shah to pay $ 8,339,790.28 in restitution. In May 2018, Shah pleaded guilty to one count of conspiracy to commit health care fraud and wire fraud and one count of conspiracy to pay and receive health care kickbacks.
As part of his guilty plea, Shah admitted that he submitted false certifications to enroll and stay enrolled as a Medicare provider. Shah further admitted that he paid illegal kickbacks to recruiters in exchange for Medicare beneficiary referrals and billed Medicare for claims procured through these illegal kickbacks. Additionally, according to evidence presented, Shah conspired with others to submit claims to Medicare for home health services that were medically unnecessary and not eligible for Medicare reimbursement. The court ordered that Shah repay as restitution the total amount that his home health agencies received from the Medicare program from 2007 to 2017, which was over $8.3 million.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Trial Attorneys Rebecca Yuan and Howard Locker of the Fraud Section prosecuted the case. Assistant U.S. Attorney Philip Ross of the Eastern District of Michigan handled the asset forfeiture proceedings.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Mexican National Sentenced to over 6 Years in Prison for 15 Pound Methamphetamine Deal in Kern CountyRead the Press Release
FRESNO, Calif. — Oscar Ivan Salazar-Avalos (Salazar), 29, a citizen of Mexico, was sentenced today to six years and nine months in prison for conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
Salazar’s sentence follows his guilty plea last November. According to court documents, Salazar and co-defendant Jose Manuel Sotelo-Mendoza, 26, of Ceres, delivered 15 pounds of methamphetamine to an undercover officer in Delano after Salazar negotiated with the officer for the delivery of the drug for $3,400 per pound for a total of $51,000. Salazar and Sotelo met the source of supply in Castaic in the northern part of Los Angeles County to obtain the methamphetamine.
Sotelo pleaded guilty on February 19. He is scheduled to be sentenced on May 20.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force, consisting of law enforcement officers of Homeland Security Investigations, California Highway Patrol, Bureau of Investigation of the California Department of Justice, Fresno Police Department, and Fresno County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Mexican National Sentenced for Meth TraffickingRead the Press Release
KANSAS CITY, Mo. – A Mexican national was sentenced in federal court today after transporting nearly eight kilograms of methamphetamine hidden in his luggage aboard a bus.
Carlos Q. Palafox, 21, was sentenced by U.S. District Judge Gary A. Fenner to 10 years in federal prison without parole.
On Sept. 19, 2018, Palafox pleaded guilty to possessing methamphetamine with the intent to distribute.
Palafox arrived at a Kansas City, Mo., bus station aboard a bus originating in Los Angeles, Calif., on Sept. 29, 2017. A police service dog conducted a sniff check of the luggage under the bus and alerted to two suitcases belonging to Palafox. Palafox was questioned, and law enforcement officers searched the suitcases. Inside each suitcase were two flat bundles that contained a total of nearly eight kilograms of methamphetamine.
This case was prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Drug Enforcement Administration and the Kansas City, Mo., Police Department.
Mexican National Pleads Guilty to Marijuana Cultivation in Wilderness AreaRead the Press Release
FRESNO, Calif. — Mauricio Vaca-Bucio (Vaca), 31, of Michoacán, Mexico, pleaded guilty today to conspiring to manufacture, distribute, and possess with intent to distribute marijuana, U.S. Attorney McGregor W. Scott announced.
According to court documents, Vaca and his co-defendants Felipe Angeles Valdez‑Colima, 35, and Rodolfo Torres-Galvan, 29, also of Mexico, 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 pleading guilty, Vaca agreed to pay over $7,000 in restitution to the U.S. Forest Service for the damage he caused to the National Forest.
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.
Vaca is scheduled for sentencing on July 29. He faces 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 sentence, 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. Valdez and Torres previously entered guilty pleas and are set for sentencing on May 20 and April 29, respectively.
Mexican Citizen Sentenced for Illegally Reentering U.S.Read the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Pedro Pineda-Acosta, 38, a citizen of Mexico who was living in Madison, was sentenced today by U.S. District Judge James Peterson to 21 months in federal prison for illegally reentering the United States. Pineda-Acosta pleaded guilty to this charge on January 18, 2019.
Pineda-Acosta was previously deported and removed from the United States in December 2014.
While this was the defendant’s first immigration conviction, Judge Peterson was concerned with the defendant’s substantial criminal history which included several violent offenses.
The charge against Pineda-Acosta was the result of an investigation conducted by U.S. Immigration and Customs Enforcement. The prosecution of the case has been handled by Assistant U.S. Attorney Elizabeth Altman.
Local Resident Detained on Stalking ChargesRead the Press Release
HOUSTON – A 31-year-old citizen of Pakistan now residing in Houston has been ordered into custody for stalking, announced U.S. Attorney Ryan K. Patrick.
A federal grand jury indicted Afzal Arsalan Rehman April 10, 2019, and was taken into custody April 15. Today, U.S. Magistrate Judge Peter Bray found that no condition or combination of conditions would reasonably assure Rehman’s appearance in court and ordered him into custody pending further criminal proceedings.
At the hearing that began last Thursday and concluded today, the court heard evidence about Rehman’s alleged systematic torture of a victim between October 2015 and June 2018. Rehman allegedly created a Facebook account on multiple occasions which he used to send images and messages to the victim’s family, friends and colleagues. During the online harassment of the victim, Rehman used images he had created via screen capture of Skype sessions between himself and the victim during their intimate romantic relationship, according to the allegations.
He also discovered where the victim worked and allegedly called her place of business numerous times in an attempt to get someone to transfer his calls. While mostly unsuccessful, on one occasion, Rehman told someone he was outside the business and “something bad” was going to happen, according to the allegations heard at the hearing.
The court also heard that Rehman had originally entered the United States on a student visa which was revoked in August 2017. He had been enrolled in college locally and allegedly used the wifi on campus occasionally to create the Facebook accounts. According to the information presented in court, these accounts were in the victim’s name and, at first, appeared to be very normal. However, they allegedly portrayed pictures of the victim at her wedding, then later devolved into the embarrassing and harassing images Rehman captured.
If convicted, Rehman faces up to five years in federal prison and a possible $250,000 maximum fine.
The FBI conducted the investigation. Assistant U.S. Attorney Sherri Zack is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Local Man Convicted of Aiming Laser Pointer at an AircraftRead the Press Release
HOUSTON – A 20-year-old Houston man has entered a guilty plea to aiming a laser pointer at an aircraft, announced U.S. Attorney Ryan K. Patrick.
Bryan Aldana, 20, admitted that on June 23, 2018, he pointed a green laser light at an Airbus AS350 B2 helicopter while it was in the air.
On June 23, 2018, Texas Department of Public Safety (DPS) agents were flying a the helicopter on routine law enforcement patrol. At approximately 9:00 p.m., they were headed in the northwest direction along highway US-290 when agents observed a flash of green light coming from the left side of the aircraft. At the time, they were at approximately 1000 feet elevation and traveling at a speed of 70-80 knots.
The pilot reversed the aircraft back to the southeast direction and was illuminated again by the green laser, which was powerful enough to light up the entire cockpit. The light caused a glare in the pilot’s eyes and obstructed his vision, forcing him to turn his head and maneuver the Airbus away from it. The pilot also had to close and shield his eyes from the flashing green laser inside the cockpit.
The investigation led to the source of the light at a business near the intersection of Hollister and Pitner Roads in Houston. With the help of the Houston Police Department (HPD) and the store’s security cameras, Aldana was soon identified.
Video recordings show Aldana aiming a green laser up in the sky several times and a green laser pointer at the helicopter while sitting in a chair next to a silver sedan. He was also seen placing the green laser device through the opening of the silver sedan window on to the backseat.
Officers seized the laser and submitted it to a National Aeronautics and Space Administration scientist to be examined. The scientist concluded the laser pointer is a Class IIIB laser system and produced a “laser beam” which could result in serious and possibly permanent retinal damage.
U.S. District Judge Lynn N. Hughes accepted the plea and set sentencing for July 22, 2019. At that time, Aldana faces up to five years in prison and a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.
The FBI, HPD and DPS conducted the investigation. Assistant U.S. Attorney Joe Porto is prosecuting the case.
Loaded Handgun Lands Convicted Felon Back in PrisonRead the Press Release
Damarian K. Griffin, 22, of East St. Louis, Illinois, has been sentenced to 24 months in federal prison for unlawfully possessing a firearm, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Griffin pleaded guilty to a one-count federal indictment in January 2019.
On February 9, 2018, while driving in East St. Louis, Griffin knowingly possessed a Glock 19, 9mm pistol loaded with an extended magazine containing 16 live rounds. Investigators determined that he had purchased the pistol in Columbia, Missouri, and had transported it back to East St. Louis. At the time, Griffin was prohibited from possessing a gun due to a 2015 felony conviction for carjacking in St. Clair County – a crime for which he was previously sentenced to 4½ years in prison.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This prosecution is the result of a collaborative investigation by the East St. Louis Police Department and the Bureau of Alcohol, Tobacco and Firearms and Explosives. The case was prosecuted by Assistant United States Attorneys Ali M. Summers, James G. Piper, Jr., and Alexandria M. Burns.
Leavenworth Inmate Sentenced for Attack with PipeRead the Press Release
KANSAS CITY, KAN. – An inmate at Leavenworth federal prison was sentenced today to 42 months in prison for attacking another prisoner with a metal pipe, U.S. Attorney Stephen McAllister said.
Jimmy A. Eastep, Jr., 49, pleaded guilty to one count of assault with a dangerous weapon. In his plea, he admitted he was working in prison electrical shop when he attacked another inmate. Prison staff found the victim lying on the floor in a pool of blood. The victim suffered a skull fracture and other serious injuries. He was transferred to U.S. Medical Center for Federal Prisoners in Springfield, Mo.
McAllister commended the Federal Bureau of Investigation, USP Leavenworth SIS, Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney Chris Oakley for their work on the case.
Lawton Woman Pleads Guilty to Fraud Involving More Than $7 MillionRead the Press Release
OKLAHOMA CITY – Lori Christine Woodson, 62, of Lawton, pleaded guilty today to one count of bank fraud and one count of wire fraud, announced First Assistant U.S. Attorney Robert J. Troester.
According to an information filed on January 28, 2019, Woodson induced Fort Sill National Bank to loan her and another person $1,013,902 by making false representations to the bank. In particular, Woodson overstated the value of her interest in assets, including a condominium in Snowmass, Colorado, and a closely held real estate company. She additionally understated her liabilities to other banks by approximately $3 million. Also, according to the information, Woodson defrauded two acquaintances by misappropriating purported investments in Snowmass condominiums. The information seeks more than $7.5 million in criminal forfeiture.
At a guilty plea hearing today, Woodson admitted committing bank fraud and defrauding two acquaintances. At sentencing, she faces up to 30 years in prison, as well as a maximum $1,000,000 fine and a term of supervised release of up to five years for bank fraud. She also faces up to 20 years in prison, a maximum $250,000 fine, and a term of supervised release of up to three years for wire fraud. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by the Department of Treasury’s Office of Inspector General and the FBI Oklahoma City Division, with the assistance of the Comanche County District Attorney’s Office and the Oklahoma State Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney William E. Farrior.
Reference is made to court records for further information.
Lawrence Man Sentenced to 12+ Years for Distributing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Lawrence man was sentenced today to 151 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $20,000 in restitution and a $5,000 assessment to the Justice for Victims of Trafficking Act.
Brian Fuchs, 49, Lawrence, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted investigators found approximately 2,000 images and 200 videos containing child pornography on his computer.
The FBI used an internet peer-to-peer file-sharing program to download child pornography from Fuchs before serving a search warrant at his home.
McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Launch of Media Campaign to Prevent and Report Elder AbuseRead the Press Release
(San Juan, PR) - The US Attorney’s Office, in collaboration with the Puerto Rico Department of Justice, the PR Department of Family Affairs, the Office of the Ombudsman for the Elderly and AARP Puerto Rico, have joined efforts to create a media campaign to educate the general public on the prevention and reporting of elder abuse.
The public service campaign called Abuse can NOT be ignored. Indifference is abuse seeks to raise awareness about the abuse of the elderly and its various forms, in addition to publicizing the hotline of the PR Department of Family Affairs to report cases of abuse or suspected abuse. The campaign also aims to create awareness that preventing and reporting elder abuse is everyone’s responsibility. The public is encouraged to provide confidential information to law enforcement authorities, both at the federal and state levels.
“This educational campaign is the result of the joint efforts of federal and state agencies, the private sector, AARP of Puerto Rico and local media outlets. We commend all those who collaborated to develop and launch this campaign. Preventing and reporting cases of elder abuse is everyone’s responsibility. Together we can protect our seniors against those who take advantage of them,” said Rosa Emilia Rodríguez-Vélez, US Attorney for the District of Puerto Rico.
“Prosecutors from the Department of Justice have filed 154 charges against individuals who committed mistreatment, neglect, threat, financial exploitation, or fraud against the elderly in the last year. We know there are more situations and we want all of them to be reported in order to process the offenders and protect the victims. We trust that this campaign will raise awareness so that cases are reported and, better yet, help prevent cases of abuse against elderly people from occurring,” said Secretary of Justice, Wanda Vázquez-Garced.
The Secretary of the PR Department of Family Affairs, Glorimar Andújar-Matos, indicated that there are many programs available to assist the elderly, among them: adult services, adult substitute care, auxiliary services at home, multiple activities for the elderly, protection services, prevention of mistreatment to elderly people and adults with disabilities, support and guidance programs for grandparents and grandmothers raising their grandchildren, and mentoring with adoptive grandparents.
“The abuse and neglect of our elders occurs more frequently than is reported. It can occur through an omission or an action that results in harm that endangers their well-being and safety. Situations such as physical or mental health conditions place them in a state of vulnerability that requires our immediate intervention. We encourage family members and the community to be alert and report any situation to the hotline available 24 hours a day, (787) 749-1333,” said Andújar-Matos.
José Acarón, state director of AARP PR said: “This initiative is urgently needed to raise awareness among all generations that you cannot attempt against the dignity of the elderly, or anyone. Older people have the right and power to make their decisions and live their lives without being coerced, minimized, or used for the benefit of others. Seniors are a social asset, not an ATM machine, nor are they owned by anyone, even if they are family.”
Doctor Carmen Delia Sánchez-Salgado, head of the Office of the Ombudsman for the Elderly, indicated that the elderly population in Puerto Rico is subject to marginalization and prejudice, both actions that lead to isolation and indifference. Marginalized populations are exposed to vulnerability, often leading to abuse. The problem is not specifically marginality or exclusion towards our elder population, but the fact that our society allows it. We live in a society that becomes indifferent towards mistreatment and thereby facilitates it. On the other hand, despite the fact that most elderly people live in family settings, it is precisely within these scenarios that abuse and mistreatment towards them takes place. It is our citizens’ responsibility to report suspected abuse and acts of mistreatment towards this population.
We are thankful to the media outlets that will be providing Public Service during this campaign: GFR Media; WKAQ 580 AM; Uno Radio Group; WAPA Radio 680 AM; WIAC 740 AM; Radio Paz 810 AM and Radio Oro 92.5 FM; Radio Isla 1320 AM; SBS; WIPR 940 AM; and Allegro 91.3 FM.
The campaign Abuse can NOT be ignored. Indifference is abuse stems from the Elder Justice Initiative, a program implemented by the U.S. Department of Justice in its 94 districts nationwide. The interagency group in the District of Puerto Rico includes the following: US Attorney’s Office; PR Department of Justice; PR Department of Family Affairs; Office of the Ombudsman for the Elderly; AARP Puerto Rico; FBI; Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI); U.S. Postal Inspection Service; U.S. Department of Health, Office of the Inspector General; U.S. Housing Department, Office of the Inspector General; Social Security Administration; U.S. Securities and Exchange Commission (SEC); Centers for Medicare and Medicaid Services (CMS); Office of the U.S. Trustee; PR Department of Health; Office of the Commissioner of Financial Institutions; Public Corporation for Supervision and Insurance of Cooperatives of Puerto Rico (COSSEC); Office of the Insurance Commissioner; Administration of Mental Health and Anti-Addiction Services (ASSMCA); Puerto Rico Bar Association; Association of Owners of Long-Term Care Centers; Puerto Rico Business Emergency Operations Center (PR-BEOC).
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Larry Mitchell Hopkins Facing Federal Firearms Charge in New MexicoRead the Press Release
ALBUQUERQUE – Larry Mitchell Hopkins, who is also known as Johnny Horton, Jr., 69, of Flora Vista, N.M., has been charged in a criminal complaint with being a felon in possession of firearms and ammunition announced New Mexico U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
Hopkins was arrested on the morning of April 20, 2019, by the FBI in Sunland Park, N.M., with assistance from the Sunland Park Police Department. He made his initial appearance on the criminal complaint in federal court in Las Cruces, N.M., before U.S. Magistrate Judge Gregory B. Wormuth this morning.
According to the criminal complaint, Hopkins unlawfully possessed nine firearms and ammunition in his residence in San Juan County, N.M., in Nov. 2017. The complaint alleges that Hopkins was prohibited from possessing firearms or ammunition because he previously had been convicted of at least three felony offenses, including possessing a loaded firearm in the state of Michigan in 1996; being a felon in possession of a firearm in the state of Oregon in 2006; and impersonating a peace officer in the state of Oregon in 2006.
Hopkins remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled to be held at 9:30 a.m. on April 29, 2019, before U.S. Magistrate Judge Karen B. Molzen in the Rio Grande courtroom of the federal courthouse in Albuquerque.
If convicted on the charge in the criminal complaint, Hopkins faces a maximum statutory penalty of ten years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a count of law.
This case was investigated by the Farmington Resident Agency of the FBI with assistance from the Las Cruces Resident Agency of the FBI. The Sunland Park (N.M.) Police Department assisted in the arrest operation. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Haskell Co Man Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kenneth Edward Parnell, age 45, of Haskell County, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleges that from in or about November, 2018, until on or about December 26, 2018, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit, One (1) Savage Arms (Canada) Inc., Model 64, .22 caliber semi-automatic rifle, serial number 1661593, which had been shipped and transported in interstate and foreign commerce.
The charges arose from an investigation by the Haskell County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Ryan Heatherman represented the United States.
Harrison County woman admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Stormey Angel Lois-Hite, of Anmoore, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Lois-Hite, age 25, pled guilty to one count of “Unlawful Transfer of Firearm to Prohibited Person.” Lois-Hite admitted to purchasing a .22 caliber pistol for a convicted felon in January 2018 in Harrison County.
Lois-Hite faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Harrison County man admits to a firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kevin Alexander Miske, of Clarksburg, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Miske, age 27, pled guilty to one count of “Unlawful Possession of a Firearm.” Miske, having been previously convicted of a felony, is accused of having a .357 magnum revolver in December 2018 in Harrison County.
Miske faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Clarksburg Police Department investigated.
U.S. Magistrate Judge Michal John Aloi presided.
Goodlettsville Man Sentenced to Federal Prison for Heroin Distribution ConspiracyRead the Press Release
NASHVILLE, Tenn. – April 22, 2019 - Brian Wimsatt, 31, of Goodlettsville, Tennessee, was sentenced Friday to 10 years in federal prison for conspiracy, possession and distribution of heroin which resulted in death, following an overdose death in May 2016, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Wimsatt was indicted in March 2017 and pleaded guilty to all counts in September 2018.
According to court documents, in April and May of 2016, Wimsatt was purchasing wholesale amounts of heroin and selling smaller amounts of heroin to users in and around the Goodlettsville, Tennessee area. On May 13, 2016, Wimsatt negotiated two separate heroin sales to an individual, with the latter sale occurring around 7:00 p.m. in the restroom of a local grocery store in Goodlettsville. Approximately eight hours later, the individual’s mother found him unresponsive in his car and it was later determined that he died from a heroin overdose. Four days after this death, Goodlettsville police officers stopped Wimsatt for a traffic violation and subsequently found him to be in possession of heroin and other drugs and contraband and also determined that Wimsatt had sold the heroin that caused the overdose death of the individual.
This case was investigated by the Drug Enforcement Administration; the 18th Judicial District Drug Task Force; and the Goodlettsville, Tenn. Police Department. The case was prosecuted by Assistant U.S. Attorney Ahmed A. Safeeullah.
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Florida Man Sentenced to Ten Years in Federal Prison for Unlawfully Possessing a HandgunRead the Press Release
A Florida man who formerly lived in Cresco, Iowa, was sentenced today to the maximum possible sentence of ten years in federal prison for unlawfully possessing a firearm.
Patrick Colvin, age 29, from Lake Whales, Florida, received the prison term after a guilty plea to being a felon in possession of a firearm. Authorities found a loaded gun hidden under a blanket as part of a traffic stop in Waterloo on June 4, 2018. The gun’s serial number had been obliterated. Colvin has a lengthy criminal history, including convictions relating to drug use, drug distribution, theft, and robbery.
Colvin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Colvin was sentenced to 120 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). 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.
Colvin is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-002040-CJW.
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District Man Pleads Guilty to Federal Charges in Brazen Robbery of Convenience Store ATMRead the Press Release
WASHINGTON – Arnold Boon, 33, of Washington, D.C., pled guilty today to federal charges stemming from a robbery in which he and at least two others drove a stolen pick-up truck through the front of a Northwest Washington convenience store and hauled off an ATM machine containing at least $130,000.
The announcement was made by U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Boon pled guilty in the U.S. District Court for the District of Columbia to one count of being a felon in possession of a firearm and one count of interference with interstate commerce by robbery. The plea, which is contingent upon the Court’s approval, calls for a sentence of 92 months in prison, to be followed by up to five years of supervised release. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for May 2, 2019. The plea agreement also requires Boon to pay restitution to the owner of the money stolen from the ATM, as well as to the owner of the building where the store is located.
According to the government’s evidence, on Jan. 19, 2018, at approximately 1:30 a.m., a stolen Ford pickup truck smashed through the front of a 7-Eleven convenience store in the 200 block of Cedar Street NW. The truck was being driven by an unidentified male wearing dark clothing and a mask. Surveillance video captured two other masked men, one later identified as Boon through DNA evidence, entering the convenience store and lifting the store’s ATM machine onto the bed of the truck. While Boon and the other suspects attempted to lift the ATM machine, video from the store captured a gold watch worn by Boon fall to the ground.
A store clerk and at least one customer were inside the store at the time of the robbery. After struggling for several minutes to lift the ATM onto the truck, the men successfully loaded it onto the truck’s bed and Boon climbed onto the bed of the truck while the other two suspects entered the cab of the vehicle and fled the area. Boon and the other suspects fled with more than $130,000 in cash that was inside the ATM.
The stolen vehicle was found idling a short distance from the location of the 7-Eleven with no occupants or the ATM machine. The next morning, the stolen ATM machine was recovered by police in a wooded area in Washington, D.C., with all the currency removed.
Police also recovered the gold watch at the crime scene, and DNA obtained from the watch eventually was matched to Boon. At the time of his arrest on March 17, 2018, Boon was in possession of a loaded semi-automatic pistol, which was recovered from the dresser drawer in his bedroom. Boon has been in custody since his arrest. At the time of the crime, he was barred from possessing a gun because of prior convictions on assault and other charges.
In announcing the plea, U.S. Attorney Liu, Assistant Director in Charge McNamara, and Chief Newsham commended the work of the FBI agents and MPD officers who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office including Assistant U.S. Attorneys Steven B. Wasserman and Ethan Carroll, and Paralegal Specialist Rommel Pachoca.
Dickson Attorney Sentenced to Federal Prison for Stealing over $1.36 Million from Trust Funds of ClientsRead the Press Release
NASHVILLE, Tenn. – April 22, 2019 - Jackie Lynn Garton, 54, of Dickson, Tennessee, was sentenced today to 92 months in prison for stealing more than $1.36 million from the trust funds of clients, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. U.S. District Judge Eli Richardson ordered Garton to be taken into custody immediately at the conclusion of the hearing.
Garton, a practicing attorney in Dickson, was charged in December 2018 with wire fraud, tax fraud and aggravated identity theft and pleaded guilty to all charges.
According to court documents, Garton served as the trustee for several estates, including the daughter of a Tennessee State Trooper who was killed in the line of duty in 2005. Beginning in 2009, Garton began withdrawing funds under false pretenses from her account and others, without the clients’ knowledge. Garton converted the funds into cashier’s checks and used the money to enrich his lifestyle, including purchasing luxury items including a Jaguar automobile, a boat and a house.
The deceased Trooper’s daughter was unaware of the account withdrawals until 2017, when at age 24, she wanted to open a bookstore, only to learn that her account had been depleted. Garton admitted that he stole approximately $1.2 million dollars from this client and a total of more than $1.36 million from her and other clients.
In conjunction with the preparation of his 2016 taxes, Garton under reported his income to the IRS, claiming his total income was $95,875, while he actually received at least $367,223, which included funds stolen from clients. Garton failed to report the stolen income from 2009 through 2016 and intended to defraud the IRS of more than $350,000.
This case was investigated by the FBI and the IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorneys Sara Beth Myers and Kathryn Booth.
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DEA, Law Enforcement Prepared for Prescription Drug Take Back DayRead the Press Release
PROVIDENCE – U.S. Attorney Aaron L. Weisman, the DEA Providence Resident Office, and state and local law enforcement across Rhode Island today announced that final preparations are underway for the 17th National Prescription Drug Take Back Day to be held next Saturday, April 27. The biannual event will be held from 10 a.m. to 2 p.m., at more than two-dozen safe and anonymous collection sites around Rhode Island and thousands of sites around the nation. The event is an opportunity to rid homes of potentially dangerous, expired, unused, and unwanted prescription drugs.
Last October Americans turned in 457 tons of unwanted prescription drugs at nearly 6,000 locations across the country. In Rhode Island, more than two tons (4,364 lbs.) of unwanted and expired prescriptions were collected and disposed of by DEA. Overall, in its 16 previous Take back events, DEA and its partners have taken in over 11 million pounds – more than 5,400 tons – of pills. The disposal service is free and anonymous, no questions asked.
Earlier today, United States Attorney Aaron L. Weisman and DEA Providence Resident Agent in Charge Sam J. Masiello visited the Warwick Police Department where a secure collection box stands ready to collect unwanted and expired prescriptions 24 hours a day.
“Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs,” noted United States Attorney Aaron L. Weisman. “Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. This is a perfect opportunity to Spring clean your medicine cabinet and safely dispose of expired or unwanted prescriptions. It just might save a life.”
“DEA has touched a nerve in America with its recent Take back events, as evidenced by the millions of pounds of pills collected during our previous 16 events,” said DEA Special Agent in Charge Brian D. Boyle. “These events are only made possible through the dedicated work and commitment of our local, state, and federal partners, and DEA thanks each and every one of them for their continuous efforts on behalf of the American people.”
Warwick Police Chief Colonel Rick Rathbun added, “This program allows the public to safely dispose of unwanted and unused drugs that more often than not can wind up in the hands of someone at risk. Without the ability to safely dispose of drugs, to include opioids, our city would be adversely impacted.”
According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at www.takepackday.dea.gov/#collectionlocator where you can search by zip code, city, or state.
US Attorney's Office photo DEA Resident Agent in Charge Sam J. Masiello, United States Attorney Aaron L. Weisman, and Warwick Police Chief Colonel Rick Rathbun display the Warwick Police Department's safe and secure prescription drug takeback box in the lobby of the Warwick Police Department.###
DEA Prepares for Prescription Drug Take back DayRead the Press Release
KNOXVILLE, Tenn. – United States Attorney J. Douglas Overbey wants to encourage the public to participate in the Drug Enforcement Administration’s (DEA) 17th National Prescription Drug Take back Day on Saturday, April 27, 2019. The biannual event will be held from 10:00 a.m. to 2:00 p.m., at thousands of collection sites around the country, including several here in the Eastern District of Tennessee. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
“Over the past decade, the death toll from prescription painkillers has tripled. Every year, more people die from prescription painkiller overdoses than from heroin, cocaine, or any other illegal drug,” said U.S. Attorney Overbey. “Adolescents and young adults are especially vulnerable because many teens that begin abusing prescription drugs turn to heroin for a cheaper high. Please take this opportunity to check your medicine cabinets and take advantage of DEA Prescription Drug Take back Day to dispose of any unused, unwanted, and expired medicine safely.”
“At a time when prescription opioid pain relievers are killing more Americans than car accidents, the National Prescription Drug Take-Back Day is an easy way we can all make sure that our unneeded, unused, or expired medications don’t end up in the wrong hands,” said D. Christopher Evans, Special Agent In Charge of DEA’s Louisville Field Division.
Last October Americans turned in 457 tons (900,000 pounds) of prescription drugs at almost 6,000 sites operated by the DEA and more than 4,800 of its state and local law enforcement partners. Overall, in its 16 previous Take Back events, DEA and its partners have taken in over 11 million pounds—more than 5,400 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.)
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.
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Cudahy Resident Waheba Dais Pleads Guilty to Attempted Material Support of ISISRead the Press Release
A Wisconsin woman pleaded guilty today to a national-security crime related to her support of a foreign terrorist organization, announced United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin.
Waheba Issa Dais, 46, was convicted of one count of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Dais’s support took the form of expert advice and assistance to ISIS, which she provided in early 2018, in violation of 18 U.S.C. § 2339B(a)(1).
According to admissions made in connection with her plea, Dais used hacked Facebook accounts in order to support ISIS. Using these accounts, she pledged her allegiance to ISIS on numerous occasions, communicated with and encouraged other ISIS supporters who described their plans to conduct attacks, disseminated information about explosives and biological weapons, and attempted to recruit new members to ISIS’s cause. For example, Dais posted videos providing step-by-step instructions on how to make an explosive belt and TNT, and she provided a detailed recipe for the poison Ricin. Dais also maintained encrypted social-media channels, where she posted messages encouraging ISIS supporters who could not travel to ISIS-controlled lands to conduct terrorist attacks in their home countries. Through those encrypted channels, she also provided detailed information about explosives, guns, attack planning, and target selection.
“From her home in Cudahy, Dais promoted ISIS’s hateful, violent agenda and provided detailed instructions on how to harm innocent people,” said U.S. Attorney Krueger. “This case underscores the need to remain vigilant in our efforts to identify, disrupt, and bring to justice those who would provide material support to terrorism, whether abroad or in our community. The Department of Justice is committed to protecting national security as our first priority.”
Acting Special Agent in Charge Michelle Sutphin of the Federal Bureau of Investigation’s Milwaukee Field Office said: “Protecting Americans from terrorist threats is the highest priority of the FBI. We are dedicated to working around the clock, here in Wisconsin, with our Joint Terrorism Task Force (JTTF) partners at the local, state and federal level to keep our community safe from those seeking to provide support and resources to a known foreign terrorist organization.”
Dais faces a maximum term of imprisonment of twenty years, a maximum term of supervised release for life, and a maximum fine of $250,000. Her sentencing is set for September 12, 2019 at 9:30 am before Judge Pamela Pepper.
This conviction is the result of an extensive investigation by the Federal Bureau of Investigation’s Milwaukee Field Office. The case is being prosecuted by Assistant United States Attorney Rebecca Taibleson and Trial Attorney Jennifer Burke of the National Security Division.
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Conman Who Pretended to Be Beverage Entrepreneur Pleads Guilty to Federal Fraud Charges Stemming from $5 Million Ponzi SchemeRead the Press Release
LOS ANGELES – A Canadian national pleaded guilty today to five wire fraud charges for defrauding investors in a $5 million Ponzi scheme in which he pretended to be a successful beverage entrepreneur with close ties to well-known business executives and NBA stars such as Stephen Curry and Shaquille O’Neal.
Khemraj Dave Hardat, 50, a former resident of the Ritz-Carlton Residences at L.A. Live in downtown Los Angeles, entered his plea before United States District Judge Dale S. Fischer, who scheduled an August 12 sentencing hearing. As a result of today’s guilty pleas, Hardat faces a statutory maximum sentence of 100 years in prison.
In a plea agreement filed in United States District Court, Hardat admitted that, from August 2014 through November 2018, he falsely held himself out as a successful investor and businessman in the performance beverage and water-bottling industries. Hardat duped his investors by falsely representing that he had advanced educational degrees – including a Ph.D. – and that he maintained relationships with established business figures such as computer entrepreneur Michael Dell and the chief executive officer of PepsiCo.
Hardat also falsely represented that Basketball Hall of Famer Shaquille O’Neal was one of his business partners, and that professional basketball star Stephen Curry would be endorsing one of his company’s products, according to court documents. Furthermore, Hardat falsely claimed that PepsiCo and Dr. Pepper Snapple Group, Inc. owed him more than $100 million as the result of purported business deals he consummated with them, the plea agreement states.
Hardat supported his bogus claims of financial success by showing victims doctored digital images of bank account statements showing balances inflated far beyond any amount Hardat actually had at these financial institutions. One doctored image emailed to a victim purportedly showed a balance of nearly $500 million in one bank account, while another phony image purported to show a bank account balance of nearly $170 million, court papers state.
In reality, Hardat never intended to use his investors’ proceeds for the business purposes that he represented, the plea agreement states. Instead he used the funds to pay off his personal debts, purchase luxury cars worth more than $100,000 each, pay rent at the Ritz-Carlton Residences, pay tuition for exclusive private schools for his children, and purchase luxury boxes and tickets for sporting and entertainment events, according to the plea agreement. Hardat also admitted that, in the style of a Ponzi scheme, he made payments to prior victim-investors out of subsequent victim-investors’ money.
During the course of the scheme, Hardat took in more than $5 million from investors, who have suffered losses of more than $4 million.
This matter was investigated by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorney Adam P. Schleifer of the Major Frauds Section.
Carroll County Felon Pleads Guilty to Illegal Possession of Firearms and to Witness RetaliationRead the Press Release
Baltimore, Maryland –Jason Kiser, age 40, of Taneytown, Maryland, pleaded guilty today to the federal charges of illegal possession of firearms and witness retaliation. Kiser admitted that he burned the vehicle of an individual in retaliation for that person providing information to law enforcement concerning Kiser’s illegal possession of firearms.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Baltimore Field Division; Carroll County Sheriff James T. DeWees; and Maryland State Fire Marshal Brian S. Geraci.
“We take witness tampering and witness retaliation very seriously,” said U.S. Attorney Robert K. Hur. “Those who tamper with or retaliate against a witness will face federal prosecution and federal prison, where there is no parole—ever.”
According to his plea agreement, on May 8, 2018, Kiser went to a gunsmithing store in Taneytown, Maryland, which was located in a building next to the owner’s home. The store was in the process of moving to a new location on West Baltimore Street in Taneytown. Kiser asked the owner if he could take the parts from a firearm that Kiser had brought into the store with him, and place them on a stripped receiver that Kiser planned to obtain from another store. The owner of the store knew Kiser and believed that Kiser had previously been convicted of theft of a motor vehicle and possibly other crimes and was therefore prohibited from possessing firearms or ammunition. On May 9, 2018, an ATF investigator conducted a compliance check at the gunsmithing store and the owner advised the investigator of Kiser’s request. The ATF investigator opened a criminal investigation of Kiser.
On May 10, 2018, Kiser arrived at the gunsmithing store’s new location on West Baltimore Street in Taneytown, and provided the owner with an AR-556 rifle; a PWA, Model Commando receiver; and a Model A-15 receiver. Kiser asked the owner to place a forward grip on the AR-556 rifle and take the parts off of the PWA Commando and place them on the A-15 receiver. In coordination with investigators, on May 11, 2018, the owner advised Kiser that the firearms were ready. Law enforcement arrested Kiser as he walked towards the store. Kiser was charged in the Circuit Court for Carroll County with illegal possession of firearms. In the charging documents, the officer identified the store owner as a witness.
In the early morning hours of July 17, 2018, the store owner awoke at his house to the sound of a car horn. The store owner looked out of his bedroom window and saw his vehicle, which was parked in the carport adjacent to his residence, on fire. Firefighters extinguished the fire and called Maryland State Fire Marshals to determine the cause of the fire. Investigators located a glove from behind the carport and recovered a Folger’s plastic can cover and bolt cutters from next to the driveway. They also recovered pieces of burned debris from the vehicle. DNA evidence recovered from the glove and bolt cutters revealed a high stringency match to Kiser’s DNA, which was submitted to the Combined DNA Index System (CODIS) during Kiser’s previous arrests. Investigators categorized the fire as an arson, based on the DNA evidence.
Kiser and the government have agreed that, if the Court accepts the plea, Kiser will be sentenced to between eight and 10 years in prison. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for August 7, 2019, at 11:00 a.m. Kiser remains detained.
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 ATF, the Carroll County Sheriff’s Office, and the Office of the Maryland State Fire Marshal for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Patricia C. McLane, who is prosecuting the case.
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Career criminal sent to federal prison for Savannah bank robberyRead the Press Release
SAVANNAH, Ga: A Savannah man who pled guilty to robbing a bank while he was on parole for a previous heist will spend more than 14 years in federal prison.
Ronnie Clayton, 56, of Savannah, was sentenced to 170 months in prison by U.S. District Court Judge William T. Moore Jr., said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Clayton, who pled guilty, also was sentenced to serve three years of supervised release after completion of his sentence, and ordered to pay $67,485 in restitution to his victims.
As noted during court proceedings, Clayton has more than 20 prior felony convictions, including convictions for crimes of violence and drug trafficking. He admitted robbing the Wells Fargo bank at 3507 West Bay Street in Savannah on July 3, 2018. After receiving cash from the teller, Clayton drove away in a red Cadillac and attempted to flee when spotted by police. He crashed into a taxi while driving the wrong way down a one-way street, and the taxi driver sustained serious injuries.
At the time of that robbery, Clayton was serving parole on state charges for the robbery of a Bank of America branch in Atlanta in 2008. There is no parole in the federal system.
“The most important work our law enforcement agencies and prosecutors perform is in removing violent, repeat felons like Ronnie Clayton from our communities,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “We are proud to work with agencies who likewise are committed to focusing on these career offenders and locking them away.”
“With a history of more than 20 prior felony convictions, Ronnie Clayton was a threat to the community every day he was on our streets,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Like many of his prior crimes, he put innocent civilians’ lives at risk during the commission of this bank robbery, even though he was on parole at the time. Hopefully this federal sentence, in which there is no opportunity for parole, will convince him his life of crime must end.”
The case was investigated by the FBI’s Southeast Georgia Violent Crimes Task Force with assistance from the Savannah Police Department.
Brandon Man Sentenced to 37 Years for Sexual Enticement of A Minor Relative and Document FraudRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Mirza Afzal Hussain (56, Brandon) to 37 years in federal prison for enticement of a minor, document fraud, and aggravated identity theft.
A federal jury found Hussain guilty on January 11, 2019, after a one-week trial.
According to court documents and the evidence presented at trial, Hussain agreed to house his sister and her family, including two minor daughters, when the relatives legally immigrated to the United States from Bangladesh in 2010. Hussain’s relatives were culturally and socially isolated, did not have employment, lacked transportation, and spoke very little English. During their stay at his house, Hussain developed a romantic and sexual interest in his 12-year old niece. He bought the child tight fitting clothing, romantic jewelry, and cellphones. He also sexually battered his niece and started living with her openly as if she were his spouse—in front of her family and his wife.
Hussain’s wife left him, and, in early 2012, the relatives (including his 12-year-old niece), also moved out of his home. Hussain sent numerous sexually explicit text messages to his niece—professing his love for her and his intention to marry her, discussing sex with her, soliciting naked photographs from her, and asking her to masturbate for him. He also manipulated her into falsifying reports claiming that her parents were abusing her.
In November 2012, Hussain traveled to Bangladesh and obtained a false birth certificate that changed his niece’s birthdate, making her appear to be three years older. He returned to the United States and used that birth certificate fraudulently to obtain a new Legal Permanent Resident Card reflecting her new birth year. Hussain then showed up at his niece’s home and tried to take her away from her parents—presenting the Legal Permanent Resident Card as proof that she was an adult.
“This criminal put his own agenda first, hurting his own family. He thought he could get away with his despicable behavior by lying and blaming others for his actions,” said HSI Tampa Special Agent in Charge James C. Spero. “Thanks to our HSI special agents and law enforcement partners, a jury of his peers found him guilty and he will now be unable to harm anymore. His family can feel safe knowing justice has been served.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Citizenship and Immigration Services. It was prosecuted by Assistant United States Attorneys Frank Murray and Mandy Riedel. Assistant United States Attorneys Jennifer Peresie and Rachel Jones assisted in the prosecution.
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 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 locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Baltimore Felon Sentenced to Nine Years in Federal Prison for Possession with Intent to Distribute Drugs and Possession of a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
Baltimore, Maryland –U.S. District Judge Ellen L. Hollander sentenced Steven Cole, age 31, of Baltimore, Maryland, today to nine years in federal prison, followed by five years of supervised release, for possession with intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime.
The sentencing was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, on December 5, 2017, Cole was selling narcotics in the 2400 block of Winchester Street in Baltimore, less than a block from an elementary school and across the street from a baseball field adjacent to the school. Cole carried a revolver-style handgun to facilitate his drug trafficking. Officers observed Cole engaged in what they believed to be a drug transaction. When Cole saw the officers, he fled into the stairwell of a nearby apartment complex. Officers gave chase, with one officer proceeding up the north stairwell and the other officer taking the south stairwell.
The officer in the south stairwell located Cole’s glasses and on the third floor found Cole, a few feet away from the black jacket he had previously been wearing. Cole had placed it on the ground next to a bag of garbage. Cole was arrested and the jacket was secured. Within the jacket was a black fanny pack that contained a .32-caliber revolver, loaded with five rounds of ammunition. Law enforcement searched Cole after his arrest and recovered oxycodone pills, as well as $443 in cash, which was proceeds from his drug sales.
A federal search warrant was subsequently obtained for Cole social media accounts. Law enforcement discovered photos of Cole wearing the jacket recovered in the apartment complex; pictures of Cole handling large amounts of cash; a picture of OxyContin pills; pictures of two handguns; and various gang-related posts.
Cole was prohibited from possessing guns and ammunition as a result of several felony conviction, including two previous convictions for possession with intent to distribute drugs.
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 ATF and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Paul A. Riley, who prosecuted the case.
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Army Reservist in San Antonio Sentenced to Federal Prison for Stealing Government PropertyRead the Press Release
In San Antonio this morning, Senior U.S. District Judge David A. Ezra sentenced 57-year-old Army Reserve Sgt. 1st Class Darryle Robert Bankhead to 33 months in federal prison and ordered him to pay $117,779.45 restitution for stealing government equipment, announced U.S. Attorney John F. Bash; and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On December 11, 2018, Bankhead pleaded guilty to one count of conspiracy to steal government property. By pleading guilty, Bankhead admitted that from March 2017 to May 2018, he stole expended brass shell casings from an Air Force Reserve Unit at Camp Bullis. He claimed to the Air Force Reserve Unit that he would recycle the brass at another military facility, but in reality, he and his co-defendant resold the brass on 16 different occasions to a local recycler and pocketed the money.
For her role in the conspiracy, Lt. Dominique Nicole Edmonds, age 26 of San Antonio, was sentenced on February 4, 2019, to five years probation and ordered to pay jointly and severally with Bankhead the restitution ordered in this case.
This case was investigated by the FBI together with the San Antonio Fraud Resident Agency of the Army Criminal Investigation Command’s Major Procurement Fraud Unit. Assistant U.S. Attorney Charles L. Jenkins prosecuted this case on behalf of the government.
Amsterdam Man Pleads Guilty to Passport Fraud and Aggravated Identity TheftRead the Press Release
ALBANY, NEW YORK - Marvin Danilo Aquino a/k/a Marvin Padilla, age 23, of Amsterdam, New York, pled guilty on April 19 to making a false statement in a passport application and aggravated identity theft.
The announcement was made by United States Attorney Grant C. Jaquith and Timothy Dumas, Special Agent in Charge of the New York Field Office of the United States Department of State’s Diplomatic Security Service.
As part of his plea, Aquino admitted that in October 2017, he visited a U.S. Post Office in Gloversville, New York, and filled out an application for a U.S. passport, which he then submitted with a picture of himself. On his application, however, Aquino listed the name, social security number, birthdate, and other identifying information of another person who had not authorized Aquino to file the application. In support of the application, Aquino also submitted numerous documents containing the same third party’s identifying information.
Aquino faces at least 2 years and up to 12 years in prison, a term of post-imprisonment supervised release of up to 3 years, and a fine of up to $250,000, when United States District Judge Mae A. D’Agostino sentences him on August 12. 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 U.S. Department of State’s Diplomatic Security Service with assistance from the Social Security Administration Office of the Inspector General. It is being prosecuted by Assistant U.S. Attorneys Megan Kinsella Kistler and Joshua R. Rosenthal.
Friday 19 April 2019
Woman Charged with Felony Murder of Child at Kickapoo CasinoRead the Press Release
OKLAHOMA CITY – ALANNA JEAN ORR, 50, of Oklahoma City, has been charged with felony murder of a child in Indian Country, announced First Assistant U.S. Attorney Robert J. Troester.
According to an affidavit in support of a search warrant signed in Oklahoma County District Court, Orr was caring for her five-year-old grandson on June 21, 2018, when she went to the Kickapoo Casino in Harrah. The affidavit explains that, according to surveillance video, Orr arrived at the casino at 1:23 p.m. and left at 7:28 p.m. It is alleged that during this time, her grandson remained in the car. The high temperature in Harrah that day was allegedly ninety degrees.
Approximately fifteen minutes after she left the casino, according to the affidavit, Orr called 911 and reported her grandson had choked and was not breathing. The affidavit states Harrah police officers met Orr at the Harrah Police Department and attempted to resuscitate the child but found that rigor mortis had already begun.
On April 17, 2019, a federal grand jury returned an indictment that charges Orr with second degree felony murder by child neglect in Indian Country. In particular, it alleges Orr, an Indian, caused the death of a child by willfully failing to provide adequate shelter and supervision while she was responsible for the child’s health, safety, and welfare. Orr was arrested earlier today and appeared for arraignment this afternoon before U.S. Magistrate Judge Suzanne Mitchell.
If found guilty, Orr faces a maximum potential penalty of life in prison and a fine of $250,000.
This case is a result of an investigation by the Harrah Police Department, the Kickapoo Tribal Police Department, the Oklahoma District 23 Drug Task Force, and the FBI Oklahoma City Division. Assistant U.S. Attorneys Mark R. Stoneman and Mary E. Walters are prosecuting the case.
The public is reminded that this charge is merely an allegation and that Orr is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
White Horse Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a White Horse, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Shawn Traversie, age 34, was indicted on April 9, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 27, 2019, Traversie assaulted his intimate partner with shod feet, resulting in substantial bodily injury to the victim.
The charges are merely accusations and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Traversie was released on bond pending trial. A trial date has not been set.
Washington State Man Accused of Marketing Fraudulent Tax Avoidance Schemes Disguised as Churches, Other EntitiesRead the Press Release
PORTLAND, Ore.—A federal grand jury in Portland has returned a seven-count indictment charging Glen Stoll, 68, a resident of Washington State, with multiple crimes stemming from a scheme whereby he organized, promoted, and marketed fraudulent tax avoidance strategies. Stoll made his initial appearance in the District of Oregon today before U.S. Magistrate Judge Stacie F. Beckerman.
Stoll is charged with one count each of conspiracy to defraud the U.S., conspiracy to commit bank fraud, bank fraud, and making a false statement on a loan application and three counts of tax evasion.
As alleged in the indictment, Stoll served as the director of an entity called Remedies at Law. Stoll used Remedies at Law and other related entities, including the Oregon-based Embassy of Heaven, to promote schemes designed to assist people in evading the assessment and collection of federal income taxes. Stoll advised clients that they could avoid paying taxes by creating a church or ministry and placing their assets and income in so-called ministerial trusts. Stoll referred to himself as a “general counsel” with legal experience when, in reality, he held no license to practice law.
Beginning in September 2007, Stoll assisted former Oregon couple Karl and Laurie Brady with the creation of two “ministerial trusts” called Progeny Services and Progeny Foundation. At Stoll’s direction, Karl Brady opened bank accounts for the nominee entities, issued checks from his business payable to Progeny Services or Progeny Foundation, and deposited the checks into the nominee accounts. This enabled the Brady’s to avoid the assessment of federal income tax while maintaining full access to the money for personal and family expenses.
From 2008 through 2015, at Stoll’s direction, Karl Brady filed no personal income tax returns despite receiving more than $3 million and ignored repeated letters from the IRS notifying him of his failure to file. This scheme allowed Brady to evade in excess of $1.2 million dollars in income taxes.
Separately, in 2015, Stoll assisted Brady in defrauding two of Brady’s mortgage lenders. Stoll assisted Brady in submitting a false short sale application and other fraudulent documents to avoid repayment on a vacation rental in Hawaii. At Stoll’s direction, Brady’s short sale application included a letter claiming he and his wife were under the complete care of a church ministry, had no income, no assets, and were completely dependent on a church. Relying on this false information, the lenders authorized the short sale and suffered combines losses of approximately $120,000.
This case was investigated by IRS Criminal Investigation and is being prosecuted by Donna Brecker Maddux, 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.
Wagner Man Indicted for Assault of an Intimate Partner by Strangulation and SuffocationRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation and Suffocation.
Francis Stanford Stricker, age 47, was indicted on March 12, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 7, 2018, Stricker unlawfully committed a domestic assault against his intimate partner, by strangling and suffocating her.
The charge is merely an accusation and Stricker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Stricker was released on bond pending trial. A trial date has not been set.
Veterinarian Pays $226,000 and Surrenders License to Resolve Allegations That He Failed to Properly Track and Control OpioidsRead the Press Release
DENVER – Dr. Greg Collins, a licensed veterinarian and the founder and owner of the Louisville Family Animal Hospital in Louisville, Colorado, has agreed to pay the United States $226,000, surrender his Drug Enforcement Administration (“DEA”) registration, and permanently relinquish his Colorado veterinary medicine license to settle allegations that he violated multiple provisions of the Controlled Substances Act (“CSA”).
According to the government, Dr. Collins, over multiple years of practicing as a veterinarian and while running an active animal hospital, failed to properly inventory, track, and maintain control over controlled substances, including thousands of units of opioids such as fentanyl, hydromorphone, and morphine. By not properly inventorying, tracking, and maintaining control over the controlled substances, he violated the Controlled Substances Act. These violations were discovered by DEA investigators during an on-site inspection of Dr. Collins’ veterinary hospital, which included an audit of his drug control practices. DEA investigators found CSA violations with respect to all twelve of the twelve controlled substances audited. DEA also found failures to properly destroy controlled substances.
According to the government, the DEA’s investigation revealed that Dr. Collins was self-abusing these controlled substances. His failure to properly inventory, track, and maintain control over large quantities of potent opioids also created a danger of abuse of unaccounted-for opioids by others.
The risk of abuse of unaccounted-for opioids is acute in light of the well-documented opioid epidemic in the United States and Colorado. From 1999 to 2017, more than 700,000 Americans have died from a drug overdose. 70,237 drug overdose deaths occurred in the United States in 2017, six times higher than the rate in 1999, according to the Centers for Disease Control and Prevention (the “CDC”). Two-thirds of these deaths can be attributed to opioids. According to the CDC, on average, 130 Americans die every day from an opioid overdose.
In Colorado, there were 558 recorded opioid overdose deaths in 2017 from both prescription opioids and illegal opioids such as heroin, according to the Colorado Department of Human Services. From 2012 to 2016 the number of heroin-related deaths in Colorado increased from 91 to 234 and deaths related to synthetic opioids rose from 52 to 72.
“When medical professionals like Dr. Collins don’t track and control their opioids carefully, they are contributing to the scourge of opioid abuse,” said U.S. Attorney Jason Dunn. “This serious conduct will cost Dr. Collins more than just a hefty monetary penalty. He has permanently lost his medical license and drug registration.”
“The Drug Enforcement Administration is committed to protecting the public and holding those medical professionals accountable for their actions,” said DEA Special Agent in Charge Tim McDermott.
This matter was investigated by the U.S. Drug Enforcement Administration, Diversion Control Division, in conjunction with the United States Attorney’s Office.
The statements in this release are only allegations. In entering into a civil settlement, Dr. Collins did not admit to liability, and the agreement indicates that the parties entered into the settlement to avoid the uncertainty and expense of further litigation.
Assistant U.S. Attorney Jacob Licht and Deputy Civil Chief Amanda Rocque handled this matter on behalf of the United States Government.
United States Returns $9.8 Million Recovered from e-Bullion Illegal Money-Transmitting Business to VictimsRead the Press Release
LOS ANGELES – The United States has returned approximately $9.8 million to more than 1,000 victims who made investments or who had deposited money in e-Bullion.com, a website that operated for years as an illegal money transmitting business.
The funds – the final civil proceeds recovered in the case – were disbursed Wednesday pursuant to a civil forfeiture judgment in the amount of $9,805,621.65 from gold and silver stored at a mint in Perth, Australia. The funds had been stored in the Perth mint by e-Bullion operator James Fayed, formerly of Camarillo, and his companies Goldfinger Coin and Bullion (GCB) and Goldfinger Bullion Reserve Corp.
Fayed is now on California’s death row in relation to a separate investigation and conviction in state court for contracting with hitmen who murdered his wife in 2008.
This week’s disbursement in the e-Bullion civil forfeiture cases follows previous disbursements of $1.8 million in civilly forfeited funds to more than 300 victims in December 2014, and approximately $11.7 million disbursed to more than 1,000 victims in November 2015.
e-Bullion purported to provide opportunities to invest in precious metals. Through the website, individuals opened accounts with real money, which they used to purchase virtual “e-currency” purportedly backed by precious metal reserves maintained by Fayed’s companies in the United States and Australia. In practice, e-Bullion allowed individuals engaging in fraud to obtain money from victims and move the money around the world while remaining virtually anonymous and avoiding many global banking reporting requirements.
The United States obtained information from e-Bullion’s and GCB’s encrypted computer servers that Fayed stored in California and Switzerland, and that information was used to identify e-Bullion accountholders and the value of their individual accounts. The Department of Justice, through claims administrator Analytics Consulting, LLC, distributed the recovered funds to the innocent accountholders through a process known as “remission,” which allows the government to use forfeited monies to compensate domestic and international victims of crime.
Assistant United States Attorney Katharine Schonbachler of the Asset Forfeiture Section is handling this matter.
United States Attorney Mike Stuart Continues Listening Tour in Greenbrier CountyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced that he will host a public safety community forum in Greenbrier County, West Virginia on May 2, 2019. The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, continue to be held at locations throughout the Southern District of West Virginia to provide an opportunity for an open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities. City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.
The Greenbrier County community forum will begin at 6:00pm on Thursday, May 2, 2019 at the West Virginia School of Osteopathic Medicine (Alumni Building), 400 N. Lee Street, Lewisburg, West Virginia.
For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at [email protected].
SDWVNews and USAttyStuart
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U.S. Attorney Announces Four Promotions and Ten New HiresRead the Press Release
DENVER – U.S. Attorney Jason Dunn today announced the promotion of four Assistant U.S. Attorneys to supervisory posts within the Criminal Division.
- Assistant U.S. Attorney Brad Giles was promoted to Chief of the newly formed Narcotics Section
- Assistant U.S. Attorney Peter McNeilly was promoted to Deputy Chief of the newly formed Narcotics Section
- Assistant U.S. Attorney Garreth Winstead was promoted to Chief of the newly formed Violent Crime and Immigration Enforcement Section
- Assistant U.S. Attorney Valeria Spencer was promoted to Deputy Chief of the newly formed Violent Crime and Immigration Enforcement Section
In addition to those management promotions, the following 10 individuals were hired as new Assistant U.S. Attorneys:
- Aaron Teitelbaum came to the office after serving as Assistant District Attorney in the Manhattan District Attorney’s Office in New York. Prior to that he clerked for 9th Circuit Court of Appeals Judge Jacqueline H. Nguyen and Judge Christina A. Snyder of the Central District of California. He earned his law degree from Stanford Law School. Aaron is assigned to the office’s Narcotics Section of the Criminal Division.
- Justin DeRosa came to the office after serving as Deputy District Attorney in Colorado’s 4th Judicial District. He earned his law degree from Boston College Law School. Justin is assigned to the office’s Narcotics Section of the Criminal Division.
- Jessica Elliott came to the office after serving 5 years as an Assistant U.S. Attorney for the Southern District of Florida, focused on civil health care fraud cases. Prior to that she spent 7 years in private practice. Jessica earned her law degree from the University of Connecticut School of Law. She is assigned to the office’s Civil Division.
- Rajiv Mohan came to the office after 5 years in a private practice. He clerked for 6th Circuit U.S. Court of Appeals Judge Raymond Kethledge and earned his law degree from Harvard Law School. Rajiv is assigned to the office’s Violent Crime and Immigration Enforcement Section of the Criminal Division.
- Logan Steiner came to the office after spending 6 years in private practice. She clerked for Seventh Circuit Judge Diane Sykes and for Judges Thomas Durkin and Virginia Kendall of the Northern District of Illinois. She earned her law degree from Harvard Law School. Logan is assigned to the office’s Civil Division.
- Kyle Brenton came to the office after 9 years in private practice. He earned his law degree from the University of Minnesota Law School before clerking for 10th Circuit Court of Appeals Judge David Ebel of the District of Colorado. Kyle is assigned to the office’s Civil Division.
- Chandra Aitchison came to the office after 4 years in private practice. She earned her law degree from Georgetown University Law Center. Chandra is assigned to the office’s Civil Division.
- Kelly Winslow came to the office after 6 years in private practice. She earned her law degree from Northwestern University. Kelly is assigned to office’s Violent Crime and Immigration Enforcement Section of the Criminal Division.
- Elizabeth Young came to the office after clerking for U.S. District Court Magistrate Judges Kristen Mix and Michael Watanabee of the District of Colorado. Prior to that she spent over 6 years in private practice. Elizabeth earned her law degree from New York University School of Law. She is assigned to the office’s Asset Recovery Division.
- Jane Bobet came to the office after 3 years in private practice. She clerked for Southern District of New York Magistrate Judge Gabriel Gorenstein after earning her law degree from Cornell Law School. She is assigned to the office’s Civil Division.
This group of talented individuals are led by U.S. Attorney Dunn, First Assistant U.S. Attorney Matt Kirsch, and Executive Assistant U.S. Attorney J. Chris Larson. Suneeta Hazra will continue to lead the Criminal Division.
There are approximately 180 people in the Colorado U.S. Attorney’s office, with 81 of them being Assistant U.S. Attorney’s.
“I’m excited to welcome these four to my leadership team and to welcome this group of bright new Assistant U.S. Attorneys to the office representing the United States and the people of Colorado in federal court,” said U.S. Attorney Dunn.
Two Georgia tax defiers face charges for filing retaliatory liens against IRS officialsRead the Press Release
ATLANTA –Bryan McElroy and Angela McBride have been arraigned in separate federal cases on charges of attempting to file fraudulent, retaliatory liens against federal government officials.
“Attempting to obstruct the IRS’s tax assessment and collection efforts is a federal crime,” said U.S. Attorney Byung J. “BJay” Pak. “Individuals who file false liens against government officials in retaliation for the IRS’s activities, or interfere with the operations of the IRS, will be prosecuted.”
“TIGTA’s statutory mission includes investigating individuals who are alleged to pose a threat to IRS employees engaged in the lawful collection of taxes,” said J. Russell George, Treasury Inspector General for Tax Administration. “Attempts to intimidate or retaliate against IRS employees engaged in the performance of their official duties will not be tolerated. We appreciate the efforts of the U.S. Attorney’s Office to work with TIGTA to protect the integrity of tax administration.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In April 2014, the IRS issued a notice of intent to levy on McElroy regarding his unpaid taxes. In response, McElroy allegedly filed a false lien with the Fayette County clerk of court, listing U.S. Treasury Secretary Jacob Lew, Treasury Inspector General Eric Thorson, and IRS Commissioner John Koskinen as debtors, and responsible parties for his financial liabilities. After the IRS notified McElroy that a frivolous position taken on any filing with the IRS could result in the assertion of a $5,000 penalty, he filed another lien, again naming the same government officials as responsible parties for his debts.
McBride is charged with a similar offense. After McBride allegedly filed a frivolous income tax return for 2013, the IRS notified McBride that she would be subject to a $5,000 penalty unless she filed a corrected tax return within 30 days. Instead of filing a corrected return, McBride filed a lien with the DeKalb County clerk of court purporting to assign the $5,000 penalty issued against her to IRS Commissioner John Koskinen.
Bryan McElroy, 57, of Newnan, Georgia, and Angela McBride, 57, of Ellenwood, Georgia, were arraigned before U.S. Magistrate Judge Linda T. Walker. McBride and McElroy were each charged by a federal grand jury in separate indictments on April 16, 2019. McElroy is charged with six counts of attempting to file a false and retaliatory lien against a government official. McBride is charged with one count of the same.
Members of the public are reminded that the indictments only contain charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Treasury Inspector General for Tax Administration.
Assistant U.S. Attorneys Irina Dutcher and Annalise Peters are prosecuting the cases against McElroy and McBride.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Men Charged with Conspiracy to Distribute FentanylRead the Press Release
BOSTON – Three men were charged in federal court in Boston yesterday with fentanyl conspiracy.
Javier Marrero, 27, and Ariel Pagan-Romero, 29, both of Lawrence, and Jonathan Bermudez, 23, of Lowell, were charged with conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl. Pagan-Romero was arrested yesterday and appeared in federal court in Boston. Bermudez is currently in state custody on an unrelated state drug charge and will appear in federal court at a later date. Marrero is currently a wanted fugitive.
During the course of several months, using an undercover police officer, a federal investigation uncovered the trio’s fentanyl distribution operation. When law enforcement executed several search warrants, they seized drugs, three firearms, including an AR-15 rifle, an extended magazine, and more than 100 rounds of ammunition.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, a fine of up to $10 million, and at least five years of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. During the course of this investigation, valuable assistance was provided by Homeland Security Investigations in Boston, the Massachusetts State Police, and the Andover, North Andover, Billerica, Chelmsford, Lowell, and Lawrence Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Three Camden Men Convicted of Drug Trafficking and Firearms ChargesRead the Press Release
CAMDEN, N.J. – Three Camden men have been convicted by a federal jury of conspiring to sell cocaine base (crack cocaine), furanyl fentanyl, and heroin, distributing and possessing with intent to distribute these drugs, being a convicted felon in possession of a handgun, and witness tampering, U.S. Attorney Craig Carpenito announced today.
John Gunther a/k/a “Critty,” 35, Taleaf Gunther a/k/a “Leafy” and “L,” 33, and William Roland a/k/a “Chill,” 37, were convicted April 18, 2019, after an 11-day trial before U.S. District Judge Renée Marie Bumb in Camden federal court. The jury deliberated for about a day-and-a-half before returning guilty verdicts on 10 counts.
According to documents filed in this case and the evidence at trial:
Brothers John and Taleaf Gunther worked together to lead a prolific drug trafficking organization that sold crack cocaine, heroin, and the synthetic opioid furanyl fentanyl around the 1700 block of Filmore Street in Camden, which was controlled by the organization. Roland assisted the Gunther brothers as a manager within the organization. Ten members of the drug ring were initially arrested in June 2017 following a long-term investigation by the FBI, which utilized multiple telephone wiretaps, surveillance, confidential informants, cooperating witnesses, more than 20 controlled drug purchases, a GPS vehicle tracker and four court-authorized search warrants, among other investigative techniques. The investigation ultimately led to the seizure of more than 300 grams of crack cocaine, quantities of furanyl fentanyl and heroin, a firearm, and drug paraphernalia. Shortly after the execution of search warrants in the case, investigators learned that Taleaf Gunther also attempted to bribe another member of the conspiracy to lie to police about a handgun recovered from a residence he used. An eleventh member of the organization was charged in 2018.
The defendants face a maximum penalty of life in prison, a fine of up to $10 million, and at least 10 years of supervised release. Each of the defendants have multiple prior felonies in state court and, therefore, face possible mandatory minimum sentences of 15 years in prison.
The eight other defendants – Mark Campbell a/k/a “D” and Diz,” 39, Daron Suiter, 24, Davon Leak, 20, George Williams, 44, Karim Johnson, a/k/a “Chicky,” 40, Latoya Whealton a/k/a “Toya,” 34, Rajai Gaines, a/k/a “Jigga,” and Malcolm McCoy, 28 – previously pleaded guilty. Gaines and Johnson were each sentenced to 10 years in prison, Leak to 74 months in prison and Suiter to five years in prison. Campbell, Whealton, McCoy and Williams are awaiting sentencing.
U.S. Attorney Carpenito credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to the guilty verdicts.
He also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Gloucester Township Police Department, the Camden County Sheriff’s Department, the Cherry Hill Police Department, and the U.S. Department of Homeland Security Investigations (HSI) for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
The Justice Department, Environmental Protection Agency, and State of Colorado Reach Agreement with Highpoint Operating Corporation to Resolve Alleged Clean Air Act Violations and Reduce Air Pollution in ColoradoRead the Press Release
WASHINGTON – The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the state of Colorado today announced a settlement with Denver-based HighPoint Operating Corporation resolving alleged Clean Air Act violations.
The settlement resolves alleged claims that HighPoint violated requirements to reduce volatile organic compounds (VOCs) emissions from its oil and natural gas production operations in the Denver-Julesburg Basin. VOCs are a key component in the formation of ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.
“As part of the Department’s continued effort to safeguard and improve air quality, we remain committed to reducing the emissions of volatile organic compounds that contribute to high levels of ground-level ozone and so endanger the public health,” said Assistant Attorney General Jeffrey Bossert Clark. “This settlement reflects the progress that can be made when the federal government engages in cooperative endeavors with its state partners.”
“This settlement reflects EPA’s continued efforts with the Department of Justice, the State of Colorado and oil and gas producers to secure Clean Air Act compliance and reduce emissions that are contributing to high levels of ground-level ozone in communities across Colorado’s Front Range,” said EPA Acting Regional Administrator Deb Thomas.
“This represents another step in Colorado’s ongoing efforts to protect public health and the environment by minimizing harmful emissions from the oil and gas industry,” said Jill Hunsaker Ryan, Executive Director of the Colorado Department of Public Health and Environment.
As part of the settlement, HighPoint will spend an estimated $3 million to implement measures that will ensure the vapor control systems on its condensate storage tanks are adequately designed and sized and will improve its operation and maintenance practices, monitoring, and inspections. These improvements, including monthly inspections using infrared cameras to better detect and respond in real time to emissions, will significantly reduce VOC emissions. EPA and the state of Colorado estimate that HighPoint’s modifications of vapor control system design, improvements to operations and maintenance practices, and increased monitoring will reduce VOC emissions from HighPoint’s operations by approximately 350 tons per year.
HighPoint will also implement an environmental mitigation project to reduce VOC emissions in the Denver area. HighPoint will install and operate vapor balancing controls to minimize emissions associated with loading of condensate into tank trucks at ten HighPoint well pads. This project will reduce HighPoint’s VOC emissions from tank truck load-out by an estimated 50 tons per year.
HighPoint will pay the United States a $275,000 civil penalty, and will pay a civil penalty to Colorado and perform a State supplemental environmental project, with a combined value of $275,000. HighPoint will apply $220,000 of the State’s portion of the penalty to a supplemental environmental project.
This action arose when inspections of HighPoint operations conducted from 2014 to 2017 by EPA and Colorado found VOC emissions from HighPoint’s condensate storage tanks. Through these inspections and information requests, EPA and the State of Colorado identified alleged violations of the Colorado State Implementation Plan, Regulation Number 7, due to undersized vapor control systems and inadequate operations and maintenance practices.
This settlement covers 50 HighPoint tank systems in Colorado’s Denver-Julesburg Basin. The tank systems covered by the settlement are located in an ozone nonattainment area, which means the area does not meet the National Ambient Air Quality Standard set for ozone. By reducing the emissions of VOCs that lead to the formation of ground-level ozone, this settlement will contribute to the improvement of air quality in the Front Range.
The consent decree, lodged in the District Court of Colorado, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.
Tamarac Resident Arrested for Making Multiple Threats to Members of CongressRead the Press Release
John Kless, 49, of Tamarac, Florida, was arrested today after being charged with Making Threatening Communications, in violation of Title 18, United States Code, Section 875(c). Kless made his initial appearance earlier today before United States Magistrate Judge Barry S. Seltzer.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and Matthew R. Verderosa, Chief of Police, United States Capitol Police, made the announcement.
According to allegations in the complaint, on April 16, 2019, Kless made multiple threatening communications to the Congressional offices of members from California, Michigan, and New Jersey.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the United States Capitol Police Threat Assessment Section. The case is being prosecuted by Assistant U.S. Attorney Marc S. Anton.
A complaint is merely an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.