Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Friday 19 April 2019
Butler Couple Indicted for Fraud, Embezzlement and Money LaunderingRead the Press Release
PITTSBURGH, PA - Two residents of Butler County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of mail fraud, conspiracy to commit mail fraud, embezzlement from a healthcare benefit program, conspiracy to commit money laundering, money laundering and false statement in a loan application, United States Attorney Scott W. Brady announced today.
The 37-count indictment named Stephanie J. Roskovski, 48, and her husband, Scott A. Roskovski, 50, as defendants.
According to the indictment, the Roskovskis, during the years 2011 through December 2017, perpetrated a fraud totaling more than $1.3 million on Butler Healthcare Providers, d/b/a Butler Memorial Hospital, where Stephanie Roskovski was employed and, for much of that time, served as the hospital’s Chief Operating Officer. During the time, Scott Roskovski was employed as a detective with the Butler County District Attorney’s Office where he conducted investigations involving fraud and other financial crimes. Counts One through 23 of the Indictment allege that the defendants conspired to and did defraud Butler Healthcare Providers by submitting requests to Butler Hospital for alleged business-related expenses that were used, or intended to be used, for personal expenditures. Those personal expenses included, among others, lavish family vacations, household furnishings, concert and event tickets, and the purchase of, and expenses associated with, a motocross racetrack they purchased in 2015 known as Switchback MX, LLC, located in Butler, Pennsylvania. Counts 24 through 28 charge Stephanie Roskovski with embezzling funds from a healthcare benefit program. Count 29 through 35 charge the couple with conspiring to launder the proceeds of the fraud and with engaging in monetary transactions intended, in part, to conceal their theft, as well as in monetary transactions involving fraud proceeds in excess of $10,000. Counts 36 and 37 allege that in March and July of 2018, the defendants made false statements to S&T Bank in applying for two loans totaling approximately $1.2 million. The indictment also includes forfeiture allegations.
The law provides for a maximum total sentence of more than 30 years in prison, a fine of $2.6 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The U.S. Postal Inspection Service, the Internal Revenue Service, Criminal Investigation, and the Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven
Attachments Roskovski Indictment
guilty.Brazilian Citizens Sentenced to More Than Three Years in Federal Prison for Using Counterfeit Credit Cards to Purchase over $52,000 in Merchandise and for Aggravated Identity TheftRead the Press Release
Baltimore, Maryland –U.S. District Judge Richard D. Bennett sentenced two Brazilian citizens residing in Florida to 40 months each in federal prison, followed by three years of supervised release, on wire fraud charges in connection with a scheme to use counterfeit debit and credit cards to purchase merchandise at various retail stores in Maryland and other states. Lucas Pimenta Diogo Das Gracas, age 23, was sentenced on April 11, 2019, and his co-conspirator, Diogo Miranda Araujo, age 23, was sentenced on April 1, 2019. Judge Bennett ordered the defendants to pay restitution totaling $41,116. Das Gracas was ordered to pay $34,540 and Araujo was ordered to pay $6,576.
The defendants previously pleaded guilty to the wire fraud conspiracy. Araujo also pleaded guilty to aggravated identity theft for his role in the scheme in Maryland. Das Gracas also pleaded guilty to possession of counterfeit access devices and aggravated identity theft in connection with a separate case in the U.S. District Court for the Southern District of Mississippi.
The sentences were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Sung Yi of the U.S. Secret Service, Baltimore Field Office; Special Agent in Charge Raimund Seifart of the Naval Criminal Investigative Service – Washington Field Office; Colonel Lance Royce of the Naval Support Activity Police Department; and Colonel Woodrow Jones, Chief of the Maryland Transportation Authority Police.
According to Araujo’s plea agreement, in November 2017, while he was on pretrial release for related Illinois state charges, Araujo traveled from Florida to Maryland, Virginia, and North Carolina, where he used large number of cloned payment cards as well as fake Brazilian identification cards in fraudulent retail transactions in Maryland and the surrounding area. On November 19, Araujo was arrested by a Maryland Transportation Authority Police (“MTAP”) officer who conducted a traffic stop of Araujo’s vehicle and learned that Araujo was driving on a suspended license. A search of the vehicle resulted in the seizure of approximately 164 counterfeit payment cards, four fake Brazilian identification cards displaying the same photo of Araujo but listing four different names, multiple receipts, and several recently purchased items of merchandise, including two laptop computers, six GPS devices, and sports equipment. Merchandise recovered from the vehicle had an approximate total value of $4,355. Most of the counterfeit payment cards displayed names listed among Araujo’s four fake identification cards and were encoded with compromised foreign credit and debit card accounts.
Also in November 2017, Das Gracas, co-conspirator Victor Andrade Carneiro Brito, and another co-conspirator possessed at least 189 counterfeit payments cards, which they used, along with false identification documents, to rent a vehicle and make fraudulent retail purchases in Maryland and surrounding states. Das Gracas and Brito were arrested in Maryland on November 29, 2017, after they and another co-conspirator made numerous purchases of computers and other merchandise using the counterfeit payment cards. Law enforcement stopped the vehicle that Das Gracas was driving. As Das Gracas got out of the vehicle, law enforcement officers observed numerous credit cards inside an open white box on the center console of the vehicle. All 166 cards found in the vehicle were scanned and found to be counterfeit. Most of the cards were encoded with foreign credit and debit card accounts.
Araujo further admitted that from May through July 2017, he traveled from Florida to Minnesota, Ohio, Wisconsin, and Illinois making fraudulent purchases at retailers using counterfeit payment cards. Specifically, co-conspirators in Florida sent Araujo cloned payment cards, which Araujo would pick up at commercial mail service locations and use at retailers in the area. On July 29, 2017, after making a number of fraudulent purchases at an Illinois department store, Araujo was arrested. Illinois law enforcement recovered approximately 197 cloned payment cards and approximately 157 items of merchandise, including cellular phones, small electronics, and other items valued at approximately $48,089. A search of the laptop computer found in Araujo’s luggage revealed an open document listing approximately 432 credit and debit card account numbers with associated data, and an open American Express webpage. Most of the listed credit and debit card accounts were held by financial institutions located in various foreign countries.
In connection with the Mississippi case, Das Gracas further admitted that between October 4 and October 14, 2017, Das Gracas and other co-conspirators possessed and installed “shimmer” devices on automated teller machines at financial institutions in Gulfport, Ocean Springs, Biloxi, Long Beach and D’Iberville, Mississippi. A shimmer device is equipment designed and used to record data surreptitiously from the chip of a credit, debit, or bank card. On October 18, Das Gracas and other conspirators traveled to ATMs in Hattiesburg, Mississippi, to conduct fraudulent cash withdrawals, using the account numbers and personal identification numbers obtained through the use of the previously installed shimmer devices. A total of approximately 82 payment cards were compromised and information associated with 35 of those cards was subsequently used, resulting in losses of approximately $19,235, as well as an additional $11,358 in losses to the financial institutions to repair and replace ATM card readers damaged by Das Gracas and co-conspirators when installing shimmer devices.
Victor Andrade Carneiro Brito pleaded guilty to possession and use of counterfeit access devices and aggravated identity theft in the U.S. District Court for the Southern District of Florida and was sentenced to two years in federal prison.
United States Attorney Robert K. Hur commended the U.S. Secret Service Baltimore and Chicago Field Offices, the NCIS, Navy Police, Maryland Transportation Authority Police, and the St. Charles, Illinois Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Matthew J. Maddox, who prosecuted the case.
# # #
Billings man sentenced to 15 years for meth, firearmsRead the Press Release
BILLINGS—Billings resident Joshua Jock Clause who admitted to trafficking large amounts of methamphetamine and to possessing firearms was sentenced today to 15 years in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.
Clause, 36, pleaded guilty in November to possession with intent to distribute meth and to possession of a firearm during a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
A meth investigation beginning in June 2018 led to Clause as a person who was importing large amounts of meth to the Billings area from a California source. Prosecution evidence said an arrest warrant was issued for Clause and law enforcement surveilled his residence. The Billings Police officers pulled over Clause and arrested him on his federal warrant. Officers found he had cash and a cell phone. Agents also executed a search warrant of Clause’s residence and found $17,000 cash, an SKS rifle and a handgun. Officers also found evidence that occupants had been trying to dispose of meth down the toilet.
A confidential informant told agents a few days later that, following Clause’s instruction from jail, the informant went to the house and located about 12 pounds of meth in a cooler outside of the residence that officers had missed during their search. The meth was taken to another person. Twelve pounds of meth is the equivalent of about 43,488 doses.
Another informant admitted to receiving 20 pounds, which is the equivalent of about 72,488 doses, of meth directly from Clause and said that Clause had multiple people selling drugs for him.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the Drug Enforcement Administration, FBI and Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
XXX
Baltimore Felon Sentenced to More Than Eight Years in Federal Prison for Illegal Possession of a Stolen FirearmRead the Press Release
Baltimore, Maryland –U.S. District Judge Ellen L. Hollander sentenced Douglas Sparrow, age 35, of Baltimore, Maryland, today to 100 months in federal prison, followed by three years of supervised release, for illegal possession of a stolen firearm.
The sentence 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.
United States Attorney Robert K. Hur stated, “We are committed to working with our law enforcement partners to get guns out of the hands of drug dealers and off of our streets, in order to reduce violent crime in our neighborhoods. If you use a gun, you could face federal time, where there is no parole—ever. Please, put down the guns and save a life—maybe even your own.”
According to his guilty plea, on March 1, 2018, law enforcement executed a search of Sparrow’s residence in Baltimore and recovered a stolen semi-automatic pistol and ammunition in the couch, as well as marijuana that Sparrow planned to distribute. Sparrow possessed the firearm in furtherance of his drug trafficking and knew that the firearm was stolen. Sparrow also had at least two prior felony convictions and was therefore prohibited from possessing firearms or ammunition.
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 Brandon Moore, who prosecuted the case.
# # #
Akron man was charged with bank fraud and possession of fentanylRead the Press Release
An Akron man was charged in federal court with bank fraud and possession of fentanyl.
Ramon J. Wright, Jr., 31, was charged via criminal information with one count of bank fraud and one count of possession with intent to distribute a controlled substance.
Wright possessed more than 22 grams of fentanyl on August 30, 2018, according to the information.
Wright, in August and September 2017, allegedly helped two people obtain fraudulent bank loans totaling $71,300 by using fraudulent and falsified documents that misrepresented the other person’s employment, income and utility account information, according to the information.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Akron Police Department. The case is being prosecuted by Assistant United States Attorney Peter E. Daly.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
5TH Florida Man Pleads Guilty in Connection with $20 Million Fraud Against Xerox CorporationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Robert Fisher of Daytona, Florida pled guilty in front of the Honorable Elizabeth Wolford in connection with a 63-count indictment that was returned against him on April 3, 2018, involving a scheme to defraud Xerox Corporation of more than $20 million. Fisher pled guilty to conspiracy to commit wire fraud, which charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine. Previously, Kyle Haynes, Jason Haynes, David Haynes (the “Hayneses”) and Bryan Day pleaded guilty to similar charges.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that Fisher’s company, RBM Imaging, was an authorized reseller of Xerox office equipment. Kyle Haynes, Jason Haynes, David Haynes and Bryan Day own Haynes Brother Furniture in Daytona.
Xerox is located in, among other places, Webster, New York, and sells and leases office equipment, including printers directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.
Those defendants who previously pled guilty admitted that they set up a sham company, HDH Graphics, to obtain approximately sixty-three Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25 million worth of toner to HDH Graphics. The Hayneses and Day then sold the fraudulently obtained toner for approximately $11 million to an individual in Miami, Florida, and together with Fisher, they shared the profits from the fraudulent sale of the Xerox toner.
In executing the scheme, the Hayneses and Day repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. They provided Xerox with false usage profiles from the printers and false print samples that made it appear that they were making millions of prints and using much more toner than the industry average for each print.
In his plea agreement, Fisher also agreed to pay the Internal Revenue Service the amount of $192,495.42, plus interest and penalties in connection with false tax returns he filed for the years 2008 through 2013. Fisher also agreed to forfeiture of assets that were previously seized by the government.
This plea was the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office.
Fisher’s next court appearance is on May 2, 2019, at 9:30 am.
# # # #
Thursday 18 April 2019
York Man Charged with Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Steven R. Iseman, age 46, of York, Pennsylvania, was indicted on April 17, 2019, by a federal grand jury for the exploitation of minors.
According to United States Attorney David J. Freed, the indictment alleges that between 2015 and September 2018, in York County, Iseman used a minor to produce child pornography, received and distributed child pornography, and possessed child pornography involving minors under the age of 12. The three-count indictment also includes a notice of the Government’s intent to forfeit all images of child pornography and the electronic devices associated with those images.
This case was investigated by the U.S. Department of Homeland Security Investigations with assistance from the Pennsylvania State Police and other members of the Inter-agency Child Exploitation Task Force in Central Pennsylvania. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the production of child pornography offense is 30 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 15 years. The maximum penalty for receipt and distribution of child pornography is 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 5 years. The maximum penalty for possession of child pornography involving minors under 12 years old is 20 years’ imprisonment and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Yemeni Man Sentenced for ExtortionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Yousef Goba, 45, of Yemen, who was convicted of making extortionate threats to harm and kidnap a minor, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between February 2015 and April 2015, Goba contacted an individual who resided in Western New York (the victim) through both telephone and text messages. During those communications, Goba threatened to kidnap and injure the victim’s minor child. The minor child went to Yemen with her mother in September 2013. While in Yemen, the minor child, her mother, and siblings lived with Goba for a period of time. When the mother wanted to move from Goba’s residence, the defendant refused to let the minor child leave and threatened that he would have the minor child marry a Yemeni man, if money was not paid to him. On April 8, 2015, during a call recorded by the FBI, Goba demanded that the victim pay him $11,000 as well as money for other expenses for the release of the minor child.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
# # # #Yakima Man Sentenced to 188 Months in Prison for Drug TraffickingRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Carlos Peraza-Kissi, age 25, of Yakima, Washington, was sentenced April 17, 2019, for Possession with Intent to Distribute Methamphetamine. United States District Judge Stanley A. Bastian sentenced Peraza-Kissi to a 188-month term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, between October 2016 and April 2018, Peraza-Kissi organized the transportation of large amounts of methamphetamine from Arizona to Yakima, Washington. Peraza-Kissi also sold methamphetamine, heroin, and fentanyl in Yakima during that time. In April 2018, after observing Peraza-Kissi engaging in suspicious behavior, U.S. Drug Enforcement Administration (DEA) agents initiated a traffic stop on the vehicle he was driving and arrested him. Through further investigation, DEA found over three pounds of heroin, over two pounds of methamphetamine, twenty grams of fentanyl, and four firearms.
United States Attorney Harrington stated, “This case involves the distribution of dangerous drugs over an extended period of time, and the possession of guns. The sentence imposed reflects the seriousness of Peraza-Kissi’s conduct. I commend the investigative efforts of the DEA, Yakima Police Department and Yakima County Sheriff’s Office.”
The Drug Enforcement Administration, Yakima Police Department, and Yakima County Sheriff’s Office conducted the investigation of this matter. The case was prosecuted by Benjamin D. Seal, Assistant United States Attorney for the Eastern District of Washington.
Wood Resident Indicted on Meth and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Wood, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute Methamphetamine and Prohibited Person in Possession of Firearms.
David Blue Bird, age 25, was indicted by superseding indictment on March 12, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2019, and pled not guilty.
The maximum penalty upon conviction is up to life in prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Superseding Indictment alleges that on or about the 8th day of September, 2018, through the 26th day of January, 2019, Blue Bird did knowingly and intentionally possess with intent to distribute 50 grams or more methamphetamine and, being an unlawful user of methamphetamine, did knowingly receive and possess three firearms.
The charges are merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Windsor Man Sentenced to 18 Years in Federal Prison for Enticing Minor to Engage in SexRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ANDREW CUNNINGHAM, 39, formerly of Windsor, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 216 months of imprisonment, followed by 10 years of supervised release, for enticing a minor to engage in sexual activity.
According to court documents and statements made in court, in March 2017, Cunningham began communicating with a 13-year-old female on Omegle, a website and mobile application designed to pair strangers for text and video chats. Cunningham first told the minor victim that he was 17, and later stated he was 25. Cunningham and the minor victim then communicated via text messaging and phone calls for approximately one week. During that time, Cunningham enticed the minor victim to send him sexually explicit images of herself, and attempted to lure her to travel to Connecticut.
Cunningham has been in state custody since May 2, 2017, when he was arrested on related state charges. He pleaded guilty in state court to illegal sexual contact with a minor and enticement of a minor, and is currently serving a three-year state sentence. On November 6, 2018, he pleaded guilty in federal court to one count of count of enticement of a minor to engage in illegal sexual activity.
Cunningham was a registered sex offender and was on probation at the time of the offense. In 2014, Cunningham traveled to Illinois and engaged in sexual activity with a 14-year-old girl. He had told the girl he was 25 years old when, in fact, he was 34 at the time. In 2015, he was convicted in Illinois of aggravated criminal sexual abuse of a minor and was sentenced to five years in prison and two years of mandatory supervised release. He was released from prison in December 2016.
This matter was investigated by the Federal Bureau of Investigation and the Connecticut State Police, with the assistance of Connecticut State Parole. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Wilmington Man Convicted of Distributing Crack Cocaine and Possessing a Gun Receives 9 Years in Federal PrisonRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces today that Chief United States District Judge Terrence W. Boyle sentenced ANDREA BLOODWORTH, 57, of New Hanover County to 108 months’ imprisonment, followed by 4 years of supervised release. On January 17, 2019, BLOODWORTH who was on supervised release for a previous federal conviction of possession of a firearm by a convicted felon, pled guilty to conspiracy to distribute and possess with the intent to distribute 28 grams or more of crack cocaine and a quantity of cocaine, possession with intent to distribute a quantity of cocaine base and cocaine, and possession of a firearm by a convicted felon. BLOODWORTH also admitted to violating conditions of federal supervised release, which was a factor considered in the sentence imposed by the Court.
On January 9, 2018, BLOODWORTH fled from New Hanover County Sheriff’s Vice Detectives as they attempted to make a traffic stop of a vehicle driven by BLOODWORTH, following what they observed to be a drug transaction in the Wal-Mart parking lot on Sigmund Road in Wilmington. BLOODWORTH fled from officers, but was eventually stopped. Further investigation revealed that, while attempting to flee, BLOODWORTH told a passenger to conceal individual baggies of crack cocaine in a pill bottle, which the passenger did.
On May 17, 2018, the Wilmington Police Department and the FBI Safe Streets Unit executed a search warrant at BLOODWORTH’s residence on Manley Avenue in Wilmington North Carolina. Law Enforcement found crack cocaine, cocaine, a loaded .22 caliber handgun, and more than $10,000 in United States currency.
BLOODWORTH was on federal supervised release at the time of his arrest for possession of a firearm by a convicted felon.
This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Federal Bureau of Investigations Safe Streets Unit (Gangs), the North Carolina State Bureau of Investigation, the Wilmington Police Department and the New Hanover Sheriff’s Offices. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Williamsville Man Pleads Guilty to Wire Fraud--AgainRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert C. Logel, 55, of Williamsville, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to wire fraud and tax evasion. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Jonathan P. Cantil and MaryEllen Kresse, who are handling the case, stated that in 2009, the defendant was convicted of wire fraud for defrauding two victims out of nearly $3,000,000 and sentenced to 48 months in prison. Logel told the victims that he invested their money in various businesses when, in fact, he used the funds himself.
Within months of being released from prison, Logel entered into a scheme involving the production, distribution, and sale of two skin and healthcare products. During the course of the scheme, the defendant made false representations regarding his ability to distribute and market such products. As a result, victims, including QuadPharma, a pharmaceutical manufacturing company located in Clarence, NY, transferred funds to Logel which they believed would be used to ready the products for distribution and sale. The defendant did not, however, use the victims' money as promised. Rather, Logel used the vast majority of the funds for his personal use, including car payments, college tuition, rent for his and his girlfriend’s apartments, and cosmetic surgery. QuadPharma suffered a loss of approximately $417,120. Six other victims suffered a total loss of approximately $143,176.In addition, the defendant failed to file income tax returns for the tax years 2004 through 2007, resulting in a loss of $5,574,837.38 to the Internal Revenue Service.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen.
Sentencing is scheduled for August 15, 2019, at 11:00 a.m. before Judge Geraci.
Wallingford Man Pleads Guilty to Bankruptcy FraudRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JOEL C. RILEY, 47, of Wallingford, waived his right to be indicted and pleaded guilty yesterday in Hartford federal court to one count of bankruptcy fraud.
According to court documents and statements made in court, between approximately April 2015 and July 2016, Riley fraudulently applied for and obtained loans and lines of credit in the name of another individual (the “victim”), without the victim’s knowledge or permission, using her name and personal information. By December 2016, the outstanding debt on those loans was approximately $211,142, and Riley did not have the intent or the ability to repay the debt.
On December 15, 2016, Riley visited an attorney claiming that he had power of attorney for the victim. Riley informed the attorney that the victim was ill and that Riley wanted to file a bankruptcy petition on her behalf. The attorney told Riley that the attorney needed to meet with the victim to confirm her identity.
After several delays, on June 6, 2017, Riley and a woman claiming to be the victim (“the imposter”) met with the attorney at his office. Riley had recruited the imposter to impersonate the victim and provided the imposter with the victim’s Connecticut driver’s license, which Riley had taken from the victim without her knowledge or permission. During the meeting with the attorney, the imposter presented the driver’s license as identification. The parties subsequently reviewed and signed a Chapter 7 bankruptcy petition, which the attorney filed with the U.S. Bankruptcy Court for the District of Connecticut. The petition listed unsecured debts of approximately $277,000.
Later in June 2017, the victim tried to use a department store credit card and learned that a bankruptcy petition had been filed in her name, without her knowledge and authorization. On June 28, 2017, the victim met with the attorney and stated that she did not file for bankruptcy. That same day, Riley sent an email to the attorney stating “I clearly owe you more than an apology and clearly have not been in the right frame of mind. I need to make this right. And I know that exposes myself. You have done so much for me and I betrayed that. Please let me know what I can do to resolve this.” The attorney then notified the bankruptcy court.
The victim testified in bankruptcy court that her identification had been missing from her wallet when the petition was filed. She further testified that, other than a student loan, all of the other unsecured debt listed in the bankruptcy petition was not her debt and that Riley had impersonated her in the past in order to obtain credit. On July 21, 2017, the bankruptcy court dismissed the false bankruptcy petition in the victim’s name.
Riley is scheduled to be sentenced by U.S. District Judge Alvin W. Thompson on August 8, 2019, at which time he faces a maximum term of imprisonment of five years.
Riley has been released on a $100,000 bond since his arrest on May 7, 2018.
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
United States Reaches Settlement with Honeywell International Inc. and International Paper Co. for Cleanup of Contaminated Soils and Sediments at North Carolina Superfund SiteRead the Press Release
The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Honeywell International Inc., and International Paper Co., for cleanup of contaminated soils and sediments at the LCP-Holtrachem plant in Riegelwood, Columbus County, North Carolina. The United States brought its action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund Law, and the Resource Conservation and Recovery Act (RCRA). The LCP-Holtrachem Superfund Site (the Site) is about 24 acres adjacent to the Cape Fear River at 636 John Riegel Road. From 1963 to 2000, the LCP-Holtrachem plant made chemicals such as sodium hydroxide, liquid chlorine, hydrogen gas, liquid bleach and hydrochloric acid using a mercury cell process.
According to the complaint, filed simultaneously with the settlement today in the Eastern District of North Carolina, the two companies are liable for historic industrial discharges of metals, including mercury, and polychlorinated biphenyls (PCBs) at the Site.
“This settlement incisively corrects historic environmental issues impinging on the Cape Fear River,” said Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Environment and Natural Resources Division. “The Department of Justice will continue to work with its partners at EPA to ensure that companies are held accountable for past environmental damage as required by CERCLA.”
“Environmental law violations will be vigorously pursued by our office through civil and other enforcement tools, in coordination with our partners at the EPA and U.S. Department of Justice,” said United States Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina. “The required full remediation, along with repayment of all EPA response costs, sends a message to polluters that violators will be held accountable for restoring our beautiful rivers and land here in North Carolina.”
Under the proposed settlement, Honeywell and International Paper will address contaminated soils and sediments through a combination of in-situ treatment, on-site storage, and off-site treatment and disposal. The two companies will also reimburse the United States for all past and future costs associated with the cleanup. In exchange, the two companies will receive a covenant not to sue and protection from suit by third parties.
The two companies previously performed investigations and preliminary cleanup work under prior agreements with EPA.
“The environmental benefits that will result from today’s settlement are a win for the communities near this Superfund site,” said EPA Acting Regional Administrator Mary S. Walker. “This agreement demonstrates EPA’s commitment to hold companies responsible for contamination they caused.”
EPA uses the Superfund Alternative Approach (SAA) for the Site, so it has not been proposed for addition to the National Priorities List (NPL). Under the SAA, EPA uses the same investigation and cleanup process and standards it uses for NPL sites, and saves the time and resources associated with NPL listing.
Honeywell is the current owner of the Site. The Site is contiguous to about 1,300 acres of land owned by International Paper. Since 1951, International Paper has operated a bleached kraft paper mill there, which manufactures paperboard from wood fiber. International Paper used many of the chemicals manufactured at the LCP-Holtrachem plant. Hazardous substances from the LCP-Holtrachem plant were disposed of at the International Paper property and are being addressed under the settlement.
The consent decree is subject to a 30-day public comment period and final approval by the court. A copy of the consent decree is available on the Department of Justice web site at www.usdoj.gov/enrd/Consent_Decrees.html. Additionally, EPA will hold a public meeting in Riegelwood during the public comment process.
U.S. Attorney Dunavant along with Federal, State and Local Partners Continue Efforts to Combat the Opioid CrisisRead the Press Release
Memphis, TN – D. Michael Dunavant, United States Attorney for the Western District of Tennessee, announced today the indictment of 15 West Tennessee residents for illegally distributing prescription opioids. Those indicted included several medical doctors and nurse practitioners. The indictments were part of a coordinated effort by several U.S. Attorneys and the Department of Justice’s Appalachian Regional Prescription Opioid Strick Force (ARPO).
The indictments are part of a long-term strategy sponsored by the U.S. Attorney’s Office for the Western District of Tennessee to fight the opioid epidemic. The strategy has two prongs: the office’s work with ARPO and its sponsorship of the West Tennessee Heroin Initiative. The Office’s Heroin Initiative focuses on health care professionals who violate federal drug laws, as well as drug dealers who provide opioids to illegal users that result in overdose deaths. As part of this strategy, the U.S. Attorney’s Office works with federal, state, and local law enforcement agencies and prosecutor’s offices to identify, investigate and prosecute priority cases involving the distribution of prescription opioids, heroin, and fentanyl.
U.S. Attorney D. Michael Dunavant said: "Opioid misuse and abuse is an insidious epidemic, created in large part by the over-prescribing of potent opioids nationwide, and unfortunately, Tennessee is at the center. We will not stand by and allow the harmful and oftentimes deadly practice of over-prescribing highly addictive drugs to continue unchecked. Along with our partners, the U.S. Attorney’s Office will pursue medical personnel who misuse their positions of trust to blatantly disregard and endanger others’ very lives for their own financial gain."
The recent indictments are a result of the work of the ARPO Strike Force. The strike force is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the ten U.S. Attorney’s Offices in the region, including the newly added Western District of Virginia, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force operates out of two hubs based in the Cincinnati, Ohio/Northern Kentucky and Nashville, Tennessee, areas, supporting the ten districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Tennessee Bureau of Investigation, State Medicaid Fraud Control Units. The partners involved in the Heroin Initiative include the Shelby County Sheriff’s Department, and the Drug Enforcement Administration.
Listed below are those defendants currently in custody:
Jackson Branch Office:
Jeffrey Young, 45, Dr. Alexander Alperovich, Dr. Andrew Rudin,
Defendant Jeff Young, a Nurse Practitioner who branded himself the "Rock Doc," allegedly prescribed powerful and dangerous combinations of opioids and benzodiazepines, sometimes in exchange for sexual favors; over approximately three years, the doctor allegedly prescribed approximately 500,000 hydrocodone pills, 300,000 oxycodone pills, 1,500 fentanyl patches, and more than 600,000 benzodiazepine pills. Count one charges conspiracy to distribute and dispense controlled substances. Counts two through seven charges, unlawfully distributing and dispensing controlled substances to a pregnant woman and aiding and abetting. Counts eight through fourteen charges, unlawfully distributing and dispensing controlled substances and aiding and abetting. Count fifteen charges, maintaining a drug-involved premises and aiding and abetting. If convicted on the fifteen-count indictment, each faces up to 20 years imprisonment and $1,000,000 fine. Dr. Alperovich and Dr. Rudin are also charged in the conspiracy to unlawfully distribute and dispense controlled substances.
Dr. Thomas Kelly Ballard, III, 61
Dr. Ballard is charged with controlled substances violations for allegedly prescribed approximately 4.2 million opioid pills, sometimes in dangerous combinations with other drugs, such as benzodiazepines, and prescribed opioids to known addicts. He is also accused of unlawfully distributing and dispensing controlled substances to a pregnant woman. Count one charges maintaining a drug-involved premises and aiding and abetting. Counts two through seven charges, unlawfully distributing and dispensing controlled substances and aiding and abetting. The U.S. will seek criminal forfeiture. If convicted, Ballard faces a term of imprisonment of note less than twenty years or more than life, a fine of$1,000,000.
Mary Bond, 62, and Dr. Loran Karlosky, 39, Dr. Jay Shires, 35
Mary Bond is a Nurse Practitioner who operated her medical practice out of downtown clinic in Bells, TN. Her patients were drug seekers who came in groups from great distances to get their cocktails of controlled substances. Drs. Karlosky and Shires were aware of her dispensing drugs unlawfully, and actively participated in the conspiracy. Count one charges, conspiracy to distribute and dispense controlled substances. Counts two through seven charges, unlawfully distributing and dispensing controlled substances and aiding and abetting. The United States will seek forfeiture from proceeds generated from this crime. If convicted, they each dace not more than twenty years and a fine of up to $1,000,000.
Glenn Bonifield Jr., 73 and Michelle Bonifield, 45 (state custody)
Glenn Benfield is a licensed pharmacist, and Michelle Bonifieldis a pharmacy technician in Bells, TN. Count one charges conspiracy to distribute and dispense controlled substance. Counts two through seven charge unlawfully distributing and dispensing controlled substances and aiding and abetting. The U.S. will seek criminal forfeiture from these crimes.
Britney Petway, 33 and Dr. Charles Alston, 48
Petway is a Nurse Practitioner who owned and operated Superior Health in Jackson, with Dr. Alton’s supervision. Pettway prescribed the Holy Trinity and opioid/benzo combinations on many occasions. She often left pre-signed scripts for non-medical professionals to dispense. Petway is charged with conspiracy to unlawfully distribute controlled substances allegedly prescribed over 500,000 Hydrocodone pills, approximately 300,000 Oxycodone pills, and approximately 300,000 benzodiazepine pills (mostly Alprazolam), along with a myriad of other controlled substances. If convicted, she faces up to twenty years imprisonment and a fine of up to $1,000,000.
Memphis Office:
Dr. Richard Farmer, 82
Defendant Richard Farmer was a doctor of psychiatry who issued prescriptions for controlled substances at his medical clinic in Memphis, without a legitimate medical purpose and often in exchange for sexual favors or companionship. He is also accused of unlawfully distributing and dispensing controlled substances to a pregnant woman. If convicted, Farmer faces up not more than 20 years imprisonment and a fine of up to $1,000,000.
James Litton, 43
A former Nurse Practitioner who issued prescriptions for controlled substance, including the Scheduled II controlled substances Alprazolam, Clonazepam and Carisoprodal at medication and healthcare fraud, including billing for diagnostic testing. Count one charges, conspiracy to distribute and dispense controlled substances. If convicted, Litton faces not more than 20 years imprisonment and/or a fine of $1,000,000.
Kathryn Russell
During an eight-week period, Russell, a Registered Nurse, prescribed opioids and other cocktails to drug seeks with no legitimate medical purpose. She was under the influence of drugs while employed at Dillion Russell Health Professionals, Inc., in Memphis. Count one charges, conspiracy to distribute and dispense controlled substance. If convicted, Russell faces up to twenty years imprisonment and a fine of up to $1,000,000.
Dr. Michael Hellman, 72
Dr. Hellman prescribed large amounts of the Schedule V controlled substance promethazine with codeine to patients, including confidential informants, over a long period without any physical examinations. Counts one through three charges, unlawfully distributing and dispensing controlled substances. If convicted, Hellman faces a term of imprisonment of not more than 20 years and a fine of up to $1,000,000.
Dr. Thomas Hughes, 69
Dr. Hughes, a licensed encrinologist, is charged with a nine-count indictment with fraudulently dispensing Scheduled III controlled substances to himself for testosterone. Counts one through nine charges, obtaining a controlled substance by fraud and aiding and abetting. The United States will seek forfeiture from funds generated from these crimes. If convicted, Hughes faces up to four years imprisonment, a fine up to $250,000.
************
The Heroin Initiative has resulted in a number of federal prosecutions in which the defendants are charged with distributing opioids that resulted in an overdose death.
The following are examples of overdose cases investigated and prosecuted by the Heroin Initiative:
• On February 16, 2018, Marvin "Pookie" Foster, 51, was sentenced to 25 years for distributing heroin, which resulted in a fatal overdose.
• 32-year-old Cortez Armstrong was sentenced to 20 years imprisonment for distributing a lethal dose of Fentanyl.
• On August 24, 2018, David Mitchell Murray of Memphis pled guilty to conspiracy to distribute heroin resulting in death. Murray is currently awaiting sentencing.
• Glenda Aldape, 42, of Cordova, pleaded guilty to conspiracy to distribute heroin resulting in death and possession of heroin with intent to distribute. She is currently awaiting sentencing.
For any patients impacted by the law enforcement operations, DOJ, DEA, HHS-OIG, HHS’ Substance Abuse and Mental Health Services Administration, CDC’s Opioid Rapid Response Team and all 5 State Departments of Health are deploying federal and state-level strategies to address patient harm and insure continuity of care. Additional information regarding available treatment programs and where patients can turn for assistance is available as follows:
Tennessee: If you are seeking help in Tennessee, please call 1-855-CRISIS-1
###
Two St. Louis Men Sentenced for Drug Trafficking at Clinton-Peabody Housing ComplexRead the Press Release
St. Louis – Daichi Horiace, 42, of St. Louis, and Marquise Cortez Brown, 26, of St. Louis, were sentenced to 120 months and 70 months in prison, respectively. Both were involved in a conspiracy to distribute more than 400 grams of fentanyl centered in the Clinton-Peabody housing complex on the near south side of the City of St. Louis. Fentanyl is a controlled substance that is deadly in doses of only a few milligrams. Both appeared before the Honorable Catherine D. Perry.
According to court documents, Horiace and Brown acted as distributors for drug customers seeking fentanyl in the St. Louis Metropolitan area. Horiace, Brown and their other associates used various apartments within the Clinton-Peadoby housing complex for purposes of storing and distributing fentanyl, among other things.
Horiace and Brown each pleaded to one felony count of conspiracy to distribute and possess with intent to distribute fentanyl in January 2019.
Today’s sentencings are the first two obtained in connection with the on-going U.S. Attorney’s Office Project Safe Neighborhoods Initiative and investigation into drug distribution activity centered in the Clinton-Peabody public housing complex on the near south side of the City of St. Louis. The investigation has included, among other things, the execution of more than fifteen federal search warrants resulting in the seizure of numerous firearms and controlled substances and was the subject of an important public forum involving law enforcement, citizens, and residents of the Clinton-Peabody complex held on August 3, 2018, at the Peabody Elementary School.
“Year to date, violent crime through March in the Peabody Neighborhood has gone down 59%. That statistic speaks to the positive impact that collaborative efforts such as these can have on a neighborhood and for that I’m very thankful,” said Chief John Hayden, St. Louis Metropolitan Police Department.
U. S. Attorney Jeff Jensen commended the coordination of the federal, state and local law enforcement agencies involved, “The efforts of these dedicated law enforcement officers and their respective agencies dismantled the drug distribution organization operating at Clinton-Peabody. Today marks a first step in holding the members of that organization accountable through significant prison time for the poison each was dealing.”
This case was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the St. Louis Metropolitan Police Department, the St. Louis Division of the FBI, the St. Louis Division of the DEA, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service and the St. Charles County Sheriff’s Department with assistance from the St. Louis Circuit Attorney’s Office.
Two Plead Guilty to Concealing Bankruptcy AssetsRead the Press Release
PROVIDENCE – A Providence couple has pled guilty to charges they concealed $70,000 in assets from a federal bankruptcy court when filing a joint voluntary bankruptcy petition. The couple failed to report assets related to the receipt of a $70,000 insurance settlement in their bankruptcy filing. The couple also repeatedly deposited and withdrew the funds, using multiple bank accounts and, at times, keeping some of the funds in bank checks, in an attempt to conceal the assets.
According to court documents and information presented to the Court, Danys Rivera, 49, and his wife, Diana Acevedo, 53, jointly filed a Chapter 13 voluntary bankruptcy petition in the District of Rhode Island Bankruptcy Court on March 22, 2013. The filing was made seven weeks after Rivera was awarded a lump sum private insurance settlement payment of $70,000.
An investigation determined that on February 11, 2013, ten days after receiving the insurance settlement, Rivera opened a bank account and deposited a $61,064.43 check from the settlement. Two weeks later he withdrew $59,581.29 in the form of a bank check made payable to himself and transferred $500 from the account to another bank account he controlled. On March 19, 2013, Rivera deposited $7,000 in cash into a bank account he controlled and Acevedo deposited $47,581.29 in cash into a bank account she controlled. Three days later, Acevedo withdrew the $47,581.29 in the form of a bank check made payable to both her and her husband.
On April 18, 2013, Rivera and Acevedo jointly filed a Chapter 13 voluntary bankruptcy petition with the Bankruptcy Court. In documents that Acevedo and Rivera filed under penalty of perjury in the Bankruptcy Court, both failed to disclose the funds from the settlement among their assets. The proceeds from the $70,000 settlement payment were never included in any filings made by Rivera and Acevedo with the Bankruptcy Court.
Appearing before U.S. District Court Chief Judge William E. Smith on April 8, 2019, Danys Rivera pleaded guilty to concealment of bankruptcy assets, false statements under oath, and false bankruptcy declaration. He is scheduled to be sentenced on August 16, 2019.
Appearing before U.S. District Court Chief Judge William E. Smith on Tuesday, Diana Acevedo pleaded guilty to concealment of bankruptcy assets. She is scheduled to be sentenced on August 30, 2019.
Rivera and Acevedo’s guilty pleas are announced by United States Attorney Aaron L. Weisman, Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta, and William Harrington, U.S. Trustee for Rhode Island, Massachusetts, Maine, and New Hampshire.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton. The matter was investigated by the FBI, with the assistance of the U.S. Trustee.
###
Two Lawrence Massachusetts Men Sentenced for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
Concord – United States Attorney Scott W. Murray announced that Steven Guerrero, 19, of Lawrence, Massachusetts, was sentenced to 69 months in prison, and Julio Saldana, 19, also of Lawrence, was sentenced to 138 months in prison for participating in a fentanyl trafficking conspiracy.
According to court documents and statements made in court, a drug trafficking organization that authorities allege was led by Sergio Martinez, employed Steven Guerrero, Julio Saldana, and others to sell fentanyl to customers from various New England States, including New Hampshire. On each day that the defendants worked, the Martinez organization provided them with at least one 200-gram bag of fentanyl and expected them to sell it and return approximately $6,000 in proceeds. While working for the Martinez organization, Saldana was robbed by a customer and thereafter acquired a firearm for his protection. On March 20, 2019, Saldana got in an altercation with rival gang members which ultimately resulted in a shooting. When the defendant was arrested on charges related to the shooting, officers recovered approximately 160 grams of fentanyl from his pocket.
Guerrero and Saldana both previously pleaded guilty on December 27, 2018.
“Fentanyl trafficking has had a terrible impact on the quality of life for many New Hampshire citizens,” said U.S. Attorney Murray. “In order to stop the transportation and sale of this deadly drug, we coordinate with all of our law enforcement partners to identify, prosecute, and incarcerate those who are responsible for its distribution. Traffickers should expect to be caught, prosecuted, and incarcerated on long prison terms.”
“Fentanyl is causing tremendous damage to New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle. “Let these sentences be a warning to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, state and federal law enforcement partners.”
This investigation was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Seth R. Aframe.
###
Two Brooklyn Men Arrested for KidnappingRead the Press Release
A complaint was unsealed today in federal court in Brooklyn charging Akmal Narzikulov and Sherzod Mukumov with kidnapping. Narzikulov and Mukumov were arrested this morning, and are scheduled to make their initial appearances this afternoon before United States Magistrate Judge Vera M. Scanlon.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“As alleged, seeking to collect a debt, Narzikulov and Mukumov, kidnapped the victim off the street in Brooklyn and forced him to open a bank account and give them money,” stated United States Attorney Donoghue. “Now, this Office and our FBI partners will ensure that these defendants pay their debt to society.”
“Narzikulov and Mukumov set out to settle a debt by allegedly kidnapping and assaulting their victim. There’s no place in society for those who handle conflict in this way. Because of their alleged conduct, they will now face serious consequences,” stated FBI Assistant Director-in-Charge Sweeney.
The charged abduction was motivated by an attempt to recover a debt purportedly owed to Narzikulov by the victim. On the morning of March 28, 2019, Narzikulov and Mukumov, along with a third co-defendant who has not been apprehended, assaulted the victim outside an apartment building in Brooklyn. While the victim was clinging to the front door of the building, he felt multiple shocks that were administered from a device that the third individual was holding and lost consciousness.
The victim regained consciousness inside a vehicle with his hands bound. The defendants took the victim to the deserted area of a parking garage where they stripped off his clothes, and took his telephone and other personal items. The defendants later drove the victim to a bank where they forced him to open an account and write them a check in partial payment of the debt. The victim was released later that day, but Narzikulov kept the victim’s phone, driver’s license, green card and bank card.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.
If convicted of all counts, Narzikulov and Mukumov face a maximum of life imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Michael H. Warren and Virginia Nguyen are in charge of the prosecution.
The Defendants:
AKMAL NARZIKULOV
Age: 34
Brooklyn, New YorkSHERZOD MUKUMOV
Age: 26
Brooklyn, New YorkE.D.N.Y. Docket No. 19-MJ-358
Toppenish Man Sentenced to 10 Years in Federal Prison for Shooting at ResidenceRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Damien T. White, age 21, of Toppenish, Washington, and an enrolled member of the Confederated Bands and Tribes of the Yakama Nation, was sentenced today after having pleaded guilty on January 9, 2019, to Discharge of a Firearm During a Crime of Violence. United States District Judge Stanley A. Bastian sentenced White to a 10-year term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, on May 20, 2017, White, an associate of the Sureno criminal street gang, approached a residence in Toppenish, Washington. White pulled out a firearm, aimed, and shot at the residence. White then ran away. Small children and several other individuals were inside the residence at the time of the shooting. Fortunately, no one was injured. Citizens of the community, who were fed up with gang-related violence, immediately reported the incident to the police.
Joseph H. Harrington said, “The United States Attorney’s Office for the Eastern District of Washington commends the law enforcement officers with the Toppenish Police Department, the Yakama Nation Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The sentence imposed by the court sends a clear message to others who may choose to engage in such criminal activity.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Yakama Nation Police Department, the Toppenish Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Meghan M. McCalla and Tom Hanlon, Assistant United States Attorneys for the Eastern District of Washington.
Sunset Hills Man Sentenced for Falsifying Tax Refunds and Ordered to Pay $531,000 in RestitutionRead the Press Release
St. Louis, MO –Terry L. Zintel, 62, of Sunset Hills, MO, was sentenced to 1 year and 1 day in prison for three counts of falsifying claims. He appeared in federal court yesterday before U.S. District Court Judge Henry Autrey and ordered to pay restitution in the amount of $531,947.75.
According to court documents, between 2012 and 2014, Terry L. Zintel was a 50% owner and operator of the biofuel plant, Midwest Biodiesel Products, located in Roxanna, Illinois. As co-owner and operator, Zintel presented to the Internal Revenue Service at least three claims for refund for excise taxes in 2013. As a result of these fraudulent claims and others, the IRS incurred a total tax loss of $531,947.75.
“We will continue to be relentless in our mission to stop tax schemes and bring the criminals who run them to justice,” said Karl Stiften, Special Agent in Charge of the St. Louis Field Office of IRS, Criminal Investigation. “Tax credits are tax incentives; not an incentive to steal from the government.”
“A strong enforcement program is essential to maintaining the integrity of the RINs market,” said Special Agent in Charge Jeffrey Martinez of EPA’s criminal enforcement program in Missouri. “Today’s sentencing shows that EPA and their law enforcement partners will continue to hold parties accountable when they defraud their customers and Renewable Fuel Standards program.”
This case was investigated by the Internal Revenue Service – Criminal Investigations, the Federal Bureau of Investigation, and the Environmental Protection Agency. Assistant U.S. Attorney Gwen Carroll was handling the case for the U.S. Attorney’s Office.
St. Thomas Man Indicted for Sexual Offenses against a MinorRead the Press Release
St. Thomas, USVI – A federal Grand Jury today returned a ten count indictment against John Jackson, 30, of St. Thomas, charging him with two counts of production of child pornography, three counts of transportation of a minor with intent to engage in criminal sexual activity, one count of rape first degree, and three counts of aggravated rape second degree, United States Attorney Gretchen Shappert announced.
The indictment stems from Jackson allegedly engaging in sexual activity and then producing images of his sexual encounter with a fifteen year old female minor. Under federal law, Jackson faces a minimum sentence of 15 years in prison and a maximum $250,000 fine.
This case is being investigated by Homeland Security Investigations (HSI) and the Virgin Islands Police Department. It is being prosecuted by Assistant United States Attorney Everard E. Potter.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
St. Joseph Home Health Care Aide Sentenced for $207,000 Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – A St. Joseph, Mo., in-home health care nursing assistant was sentenced in federal court today for stealing bank account information from one of her clients in order to illegally transfer more than $207,000 out of her account.
Ashley N. Garr, 34, was sentenced by U.S. District Judge Greg Kays to five years in federal prison without parole, which is the statutory maximum penalty. The court also ordered Garr to pay $249,999 in restitution to her victims.
On Aug. 8, 2018, Garr pleaded guilty to one count of filing a false tax return and one count of aggravated identity theft.
Garr worked as a home health aide for the victim in St. Joseph for approximately one year beginning in 2014. In late October 2016, Garr stopped at the victim’s residence to introduce her children. Garr excused herself to use the bathroom during the visit, and found the victim’s checkbook and purse (with her identification) in a home office located near the bathroom. Garr used the stolen information to withdraw approximately $224,000 from the victim’s bank account. Garr used the money to pay her student loans, her credit card bills, and other personal and household expenses.
In the spring of 2017, the victim’s bookkeeper was reviewing the bank statement from Nodaway Valley Bank and noticed charges to RENT-A-CENTER and the Lexington law firm, which both seemed odd to her. She pointed them out to the victim and the victim stated that she did not make these charges. The bookkeeper contacted Nodaway Valley Bank to report the fraud.
A review of the bank account showed that Garr wrote three $700 checks to herself on the victim’s bank account on Oct. 27, 2016. There were also numerous transfers from the bank account to pay Garr’s personal expenses, for a total theft in 2016 of $187,152.
Garr also admitted that she filed fraudulent tax returns for 2014 and 2015. Garr inflated her income and tax withholdings to generate a larger refund than she was entitled to receive. Additionally, Garr did not report the money she stole as income on her 2016 tax return. According to court documents, Garr also filed false tax returns using stolen identities from disabled individuals that she obtained through her work as a home health aide.
This case was prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI and IRS-Criminal Investigation.
St. Croix Man Pleads Guilty to Firearm and Carjacking OffensesRead the Press Release
St. Croix, USVI – Joel G. Rivera, 33, of St. Croix, pled guilty on April 18, 2019, in District Court to one count of Using a Firearm during a Violent Crime, and one count of Carjacking, United States Attorney Gretchen C.F. Shappert announced.
The firearm offense carries a mandatory minimum of 7 years imprisonment, a maximum fine of up to $250,000, and a term of supervised release up to 5 years. The carjacking offense carries a prison sentence of up to 15 years, a maximum fine of up to $250,000, and a term of supervised release up to 5 years. Sentencing is set for August 21, 2019.
According to court documents, in the early morning hours of September 10, 2017, the defendant, along with two co-defendants, broke into the home of Stephen O’Dea and Kathryn Duncan, while brandishing a firearm. The defendants physically assaulted Mr. O’Dea and threatened to kill the couple while demanding money. The defendants forced the couple at gunpoint into the rear seat of Mr. O’Dea’s Toyota Tacoma pick-up truck and drove to the location where Mr. O’Dea had left his wallet. After obtaining the wallet, the defendants fled in the pick-up truck and Mr. O’Dea’s Jeep Wrangler that was located at his residence. In addition to the vehicles, defendants stole $200 in currency, two iPhones valued at $600 each, and an iPad valued at $200.
The Virgin Islands Police Department and the Federal Bureau of Investigations investigated the case. The case was prosecuted by Assistant U.S. Attorney Daniel H. Huston.
St. Croix Man Charged with Possession of a .380 Pistol Near St. Patrick’s Elementary SchoolRead the Press Release
St. Croix, USVI – Samuel Melendez, 43, of St. Croix, appeared before Magistrate Judge George W. Cannon for an Initial Appearance after his arrest by Homeland Security Investigations Special Agents on the charge of Possession of a Firearm within a School Zone.
According to court documents, on October 8, 2018, Melendez was brandishing a firearm and cursing at customers in the H & R Supermarket in Frederiksted. Melendez was later found to be in possession of a loaded .380 caliber Jimenez Arms pistol. This occurred within 1,000 feet of the St. Patrick’s Elementary School.
The case was investigated by the Virgin Islands Police Department and Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Daniel H. Huston.
United States Attorney Gretchen C.F. Shappert reminds the public that an arrest warrant is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
St. Croix Man Arrested on Firearm and Drug ChargesRead the Press Release
St. Croix, USVI – Rahem “Kimby” Hendrickson, of St. Croix, appeared before Magistrate Judge George W. Cannon for an Initial Appearance on April 17, 2019, after his arrest by Homeland Security Investigations Special Agents on the charges of Possession of a Firearm within a School Zone, Possession of a Controlled Substance with Intent to Distribute, and Possession of a Firearm in Furtherance of Drug Trafficking.
According to court documents, on February 16, 2018, a search warrant was obtained for Hendrickson’s vehicle that was located at the Dynasty Grocery Store, aka Paul’s, in Sion Farm. The search subsequently revealed a loaded Glock .40 caliber pistol with various additional ammunition, over a kilogram of marijuana, drug paraphernalia, and $2,584 in cash.
The case was investigated by the Virgin Islands Police Department and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Daniel H. Huston.
United States Attorney Gretchen C.F. Shappert reminds the public that an arrest warrant is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Springdale Man Sentenced to 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Jorge Corona, age 26, of Springdale, Arkansas, was sentenced yesterday to 120 months in federal prison followed by four years of supervised release for one count of Possession with Intent to Distribute More than 5 Grams of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, investigators observed Corona driving a vehicle and were aware that his driver’s license was suspended. As officers approached the vehicle, Corona fled on foot, but was apprehended after a short distance. Investigators recovered a .380 caliber pistol loaded with an extended magazine with one round in the chamber from the Corona’s waistband. Inside the front pocket of Corona’s sweatpants, investigators located an Arizona Iced Tea can with a secret compartment, containing an ounce of methamphetamine, a digital scale, baggies, a methamphetamine pipe, four clonazepam pills, and marijuana. Corona was on active state probation, and had signed waivers allowing a search by law enforcement at any time. Investigators executed a search of Corona’s residence and recovered a methamphetamine glass bong, digital scales, two syringes, a box of plastic baggies, 60 rounds of ammunition, and a Springfield model 9mm caliber pistol. A firearms trace revealed that the Springfield 9mm caliber pistol was stolen out of Springdale. The methamphetamine recovered was sent to the Arkansas State Crime Lab and was confirmed to contain approximately 26.87 grams of actual methamphetamine.
Corona was indicted by a federal grand jury in August 2018, and entered a guilty plea in December 2018.
This case was investigated by the Fourth Judicial District Drug Task Force and the Springdale Police Department Narcotics Unit. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
Somerset County, New Jersey, Man Sentenced to 46 Months in Prison for International Arms TraffickingRead the Press Release
TRENTON, N.J. -- A Somerset County, New Jersey, man was sentenced today to 46 months in prison for illegally exporting from the United States a wide array of weapons, including assault rifles, U.S. Attorney Craig Carpenito announced.
Pedro Vergara, 55, of Branchburg, New Jersey, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an information charging him with one count of smuggling firearms from the United States. Judge Shipp imposed the sentence today in Trenton federal court.
According to the documents filed in this case and statements made in court
From May 2017 through November 2017, Vergara purchased a number of firearms, including assault rifles, from various New Jersey-based firearms dealers, including:
- Six Century Arms, Model RAS47, 7.62 x 39 caliber rifles, each with defaced serial numbers;
- Two Romarm / Cugir, Model WASR-10, 7.62 x 39 caliber rifles, each with defaced serial numbers;
- Two Inter Ordnance Inc., Model Sporter, 7.62 x 39 caliber rifles, each with defaced serial numbers;
- One Beretta, Model PX4 Storm, 9mm caliber pistol with serial number PX299818;
- One Henry Repeating Arms, Model H001, .22 caliber rifle;
- One Smith & Wesson, Model 640, .357 caliber revolver;
- 2,000 rounds of 7.62 x 39 caliber Wolf ammunition;
- 100 rounds of .22 caliber Sellier & Bellot ammunition;
- 50 rounds of Winchester .17 HMR (Hornady Magnum Rimfire) caliber ammunition;
- 50 rounds of Blazer .357 caliber ammunition;
- 25 rounds of American Eagle .357 caliber ammunition;
- 550 rounds of American Eagle .22 caliber ammunition; and
- 500 rounds of CCI .22 caliber ammunition.
Vergara planned to smuggle the firearms, as well as thousands of rounds of ammunition, to a location in Paraguay and illicitly resell the weapons on the black market for profit. Vergara took steps to conceal the firearms in shipping boxes, and transported the boxes from New Jersey to a shipping company located in New York. He also concealed ownership interest in the firearms by obliterating or defacing the serial numbers from at least 10 of the weapons.
In addition to the prison term, Judge Shipp also sentenced Vergara to two years of supervised release and fined him $10,000.
U.S. Attorney Carpenito credited special agents of the ATF, under the direction of Special Agent in Charge Charlie J. Patterson in Newark; special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit.
Smith County Residents Indicted in Counterfeit Immigration Documents ConspiracyRead the Press Release
TYLER, Texas – Three Tyler, Texas residents have been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Jose Luis Marquez Rodriguez, 53; Eleazar Juarez Juarez, 45; and Virginia Colis Rodriguez, 52, were named in an indictment returned by a federal grand jury on Apr. 17, 2019 charging them with conspiracy to traffic and trafficking in counterfeit U.S. identification documents.
According to documents filed in court, beginning in 2009, the defendants are alleged to have flooded the Eastern District of Texas and elsewhere with counterfeit United States identification documents including United States Permanent Residence Cards, United States Social Security Cards, and Driver’s licenses that appeared to be issued by or under the authority of the United States or a state, and that were produced using materials which had been shipped and transported in interstate commerce. The defendants sold the identities of unsuspecting United States citizens for approximately $200 apiece.
To facilitate the scheme, the defendants are alleged to have instructed end customers to text Rodriguez’s cell phone number with their headshots taken against white backgrounds and their requested name and date of birth for the counterfeit U.S. documents. The defendants then manufactured counterfeit United States identification documents at Rodriguez and Colis’ home in Smith County. One of the defendants would then deliver the counterfeit identification to the end customer and accept payment. Rodriguez kept detailed records of their distribution efforts and in March 2019 alone, recorded 90 sales of counterfeit United States identification documents.
If convicted, the defendants face up to 15 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation, Smith County Sheriff’s Office, U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, and Texas Department of Public Safety. This case is being prosecuted by Assistant U.S. Attorney Colleen Bloss.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Sioux Falls Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Damon Clyde Has Horns, age 38, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Has Horns was convicted of Aggravated Sexual Abuse in March 2001. As a result of this conviction, he is required to register as a sex offender. It is alleged that between December 3, 2018, and March 12, 2019, Has Horns, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Has Horns is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Has Horns was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sham Marriage Arranged in Scheme to Defraud Elderly ManRead the Press Release
NORFOLK, Va. – A Virginia Beach man pleaded guilty today to exploiting an elderly man’s diminished mental capacity to defraud him of nearly $157,000.
“The financial and emotional harm these scams cause elderly victims and their family members can be devastating,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This office will continue to aggressively prosecute crimes involving elder fraud, and we remain committed to working closely with our local and state partners to ensure that those who choose to engage in fraud activity are held accountable and brought to justice.”
According to court documents, John Michael Gatchell, 55, facilitated a marriage between the elderly man and a woman with whom Gatchell had a long-term relationship in order to gain access to the elderly man’s money and property. Gatchell induced the elderly man to make a down payment on a Jaguar that Gatchell and a family member drove for about 10 months before it was repossessed by the lender when the loan went into default.
Gatchell also induced the elderly man to obtain two mortgage loans and then diverted most of the proceeds to the benefit of himself and others. He subsequently induced the elderly man to sell the property that secured the loans and again diverted most of the proceeds to himself and others. Gatchell used these monies that he fraudulently diverted to himself to purchase concert series tickets, pay delinquent bills, and make a security deposit and advance rent payments for a house he leased, among other things.
Gatchell pleaded guilty to mail fraud and faces a maximum penalty of 20 years in prison when sentenced on September 6. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorney Alan M. Salsbury is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-49.
Second Foreign National Sentenced to More Than Eight Years for Role in International Call Center ScamRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced Hemalkumar Shah (27, citizen of India, residing in Tampa) to eight years and six months in federal prison for conspiracy to commit wire fraud and aggravated identity theft related to his participation in an Indian call center scam. As part of Shah’s sentence, the court also entered a money judgment of $80,000.
Shah had pleaded guilty on January 28, 2019.
According to court documents, from 2014 through at least 2016, Shah conspired with U.S.-based co-conspirators and India-based call centers to extort money from U.S. residents by impersonating IRS officers and misleading victims to believe that they owed money to the IRS and would be arrested and fined if they did not pay their alleged back taxes immediately. The conspirators collected the fraud proceeds by (1) withdrawing cash from prepaid cards purchased and funded by victims; (2) hiring other conspirators (runners) to retrieve money wired by the victims to those runners; and/or (3) hiring runners to open bank accounts into which victims deposited fraud proceeds. The defendants collected the proceeds by providing the runners with the victims’ names, locations, and amounts paid. The runners were directed to retrieve the fraud proceeds in cash and turn the funds over to the defendants, often less a payment to the runner for opening the account or conducting the transaction.
Four others previously pleaded guilty for their roles in the scheme. On March 25, 2019, Alejandro Juarez was sentenced to 15 months in federal prison, and on March 29, 2019, Nishitkumar Patel was sentenced to 8 years and 9 months’ imprisonment. Sharvil Patel and Brenda Dozier are currently awaiting sentencing.
This case was investigated by the Treasury Inspector General for Tax Administration (TIGTA), the Internal Revenue Service – Criminal Investigation, the Florida Department of Law Enforcement, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Rowan County Man Sentenced to Nineteen Years in Federal PrisonRead the Press Release
GREENSBORO, N.C. - A Salisbury resident was sentenced on April 17, 2019, in federal court in Winston-Salem, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
The Honorable Thomas D. Schroder sentenced Nekhent Supreme ALI, 37, of Salisbury, North Carolina, to a 235 month term of imprisonment on charges of distributing cocaine base (crack). In addition to 235 months imprisonment, ALI was ordered to serve three years of supervised release after completing his sentence. ALI pleaded guilty in November 2018.
During the spring of 2018 a confidential informant told officers with the Rowan County Sheriff’s Office that ALI was selling cocaine base (crack), and indicated that they could purchase quantities of the drug from ALI. Law enforcement officers utilized the CI to make four controlled purchases of cocaine base (crack) from ALI. The quantity of cocaine base purchased varied from as low as 14.8 grams to as high as 29 grams. The total quantity of cocaine base (crack) purchased from ALI as a result of the four transactions was 69.8 grams.
On April 25, 2018, during a consent search of a residence where ALI was known to reside, officers located more than $1,000 of the United States currency that was utilized to make the controlled purchases of cocaine base from ALI.
Prior to this arrest, ALI had been convicted of multiple counts of felony possession of cocaine, felony possession with intent to sell and deliver cocaine, and felony possession with intent to manufacture, sell, and deliver cocaine.
The case was investigated by the Department of Homeland Security Investigations, the Rowan County Sheriff’s Department Crime Reduction Unit, and the Salisbury Police Department Narcotics Unit. The case was prosecuted by Assistant United States Attorney Terry M. Meinecke.
###
Rosebud Man Charged with Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse.
Jesse James Leader Charge, age 24, was indicted on January 23, 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 life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 1, 2017, Leader Charge knowingly engaged in, and attempted to engage in, a sexual act with a victim, who at the time was physically incapable of declining participation in, or communicating an unwillingness to engage in, the sexual act.
The charge is merely an accusation and Leader Charge 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.
Leader Charge was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rhode Island Man Sentenced to 30 Months in Federal Prison for Trafficking FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALCIDES ALBA-GOMEZ, 29, of Providence, Rhode Island, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 30 months of imprisonment, followed by three years of supervised release, for trafficking fentanyl.
According to court documents and statements made in court, on September 13, 2017, Alba-Gomez and his associate, Gabri Javier Delapaz, traveled from Rhode Island to New York to pick up narcotics from a supplier. As they were returning to Rhode Island, the Connecticut State Police stopped their car on I-95 in Old Lyme. A search of the car revealed a package containing approximately one kilogram of fentanyl that was hidden beneath a rear seat cushion.
Alba-Gomez, who has no prior criminal history, has been detained since his arrest on September 13, 2017. On January 24, 2019, he pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.
Delapaz, 27, of Providence, pleaded guilty to the same offense on January 16, 2019, and is detained while awaiting sentencing.
This matter has been investigated by the Drug Enforcement Administration, Connecticut State Police Statewide Narcotics Task Force East, and New London Police Department.
The case is being prosecuted by Assistant U.S. Attorney S. Dave Vatti.
Raleigh Man Sentenced for Firearms OffenseRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that United States District Judge James C. Dever III sentenced jeremy hough, 35, of Raleigh, North Carolina to 78 months’ imprisonment, followed by 3 years of supervised release.
HOUGH was named in an Indictment filed on September 11, 2018, charging him with felon in possession of a firearm. On December 3, 2018, HOUGH pled guilty to the charge.
On May 8, 2018, Raleigh Police Department officers attempted to arrest HOUGH on an outstanding warrant. When they approached HOUGH, he fled, throwing a 9mm firearm into bushes. Officers caught and arrested HOUGH and recovered the firearm.
Investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant Unite States Attorney Erin Blondel represented the government.
Pierre Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Criminal Contempt was sentenced on April 17, 2019, by U.S. District Judge Roberto A. Lange.
Charles Black Spotted Horse, age 26, was sentenced to 2 months in federal prison and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Black Spotted Horse was indicted by a federal grand jury on January 23, 2019. He pled guilty on February 7, 2019.
The conviction stemmed from an incident that occurred on December 26, 2018, when Black Spotted Horse disobeyed and resisted an order and command of the U.S. District Court, in that he failed to self-report for arrest and left the federal building.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Physician Charged with Conspiracy to Unlawfully Dispense Controlled Substances and Conspiracy to Commit Health Care FraudRead the Press Release
U.S. Attorney Peter G. Strasser announced that a two-count bill of information was filed against a neurologist charging him with conspiracy to unlawfully dispense controlled substances and conspiracy to commit health care fraud.
Specifically, ANIL PRASAD, age 62, of Mandeville was charged with one count of prescribing controlled substances outside the course of professional practice and for no legitimate purpose and one count of conspiracy to commit health care fraud. According to court documents, between November 2016 and July 2018, PRASAD worked at a pain management clinic in Slidell, and during the course of his employment, PRASAD pre-signed prescriptions for controlled substances, including oxycodone and hydrocodone, without performing patient examinations to determine medical necessity. Additionally, PRASAD knew that certain of those patients used their Medicare and Medicaid benefits to fill those prescriptions. In total, Medicare and Medicaid paid approximately $1,657,461.15 for those prescriptions.
If convicted, PRASAD faces a possible maximum sentence of 20 years imprisonment and a $1,000,000 fine as to Count 1 of the Information, and a possible maximum sentence of 10 years imprisonment and a $250,000 fine as to Count 2 of the Information.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation, the Department of Health and Human Services, the Drug Enforcement Administration, and the Department of Veterans Affairs for their work investigating the case. U.S. Attorney Strasser reiterated that the Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case is being prosecuted by Jared Hasten of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Sharan Lieberman.
Ohio Man Who Allegedly Pretended to be Missing Illinois Boy Indicted by Grand JuryRead the Press Release
CINCINNATI – An Ohio man who pretended to be a missing Illinois boy has been indicted by a grand jury with charges related to making false statements to federal agents and aggravated identity theft.
A federal grand jury here indicted Brian Michael Rini, 23, formerly of Medina, Ohio, yesterday. The indictment was filed this morning. Rini is scheduled for arraignment on the indictment at 1:30pm tomorrow before Magistrate Judge Karen L. Litkovitz.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Robert Brown, Special Agent in Charge, FBI, Louisville, Ky. Division, Cincinnati Police Chief Eliot K. Isaac, Newport Police Chief Thomas Collins, Hamilton County Coroner Dr. Lakshmi Sammarco, Hamilton County Sheriff Jim Neil and officials with the Aurora, Ill. Police Department announced the new charges.
Rini was charged by criminal complaint on April 6 with one count of making false statements. Today’s indictment includes two counts of making false statements and one count of aggravated identity theft.
According to court documents, Newport, Ky. police officers responded to a call on Wednesday in which the caller described Rini as wandering the street, looking confused and in need of assistance.
Rini allegedly told officers his name was Timmothy Pitzen and that he was abducted when he was six years old and he “just wanted to go home.”
Local authorities confirmed that Timmothy’s name was associated with a missing and possibly abducted child. Specifically, in 2011, Timmothy, then six years old, went missing from Aurora, Ill. Timmothy was picked up at his school by his mother and a few days later, his mother was found deceased in a Rockford, Ill. hotel room.
Several notes were found in the hotel room that claimed Timmothy was with people who loved him and would take care of him. The notes also stated he would never be found.
Posing as Timmothy, Rini allegedly claimed he had recently escaped from a hotel room in which two men had been holding him captive. He said he had been sexually and physically abused for years while in captivity and that he was having abdominal pain.
Rini was transferred to Cincinnati Children’s Hospital Emergency Room because of the complaint of abdominal pain, and there, FBI task force officers met with Rini to potentially investigate sex trafficking and crimes against children. FBI special agents and a detective from the Aurora, Ill. police department also spoke with Rini.
It is alleged that Rini continued to claim to be Timmothy throughout conversations in the hospital.
Rini refused to provide his fingerprints to investigators at Children’s Hospital; however, eventually, he agreed to submit a buccal swab for DNA testing.
DNA test results confirmed Rini’s identity. As a known felon, Rini’s DNA was known to the FBI. Ohio Department of Corrections records indicate Rini was released from an Ohio prison on March 7, 2019.
Once law enforcement officers confronted Rini about his true identity, Rini immediately stated he was not Timmothy Pitzen. He allegedly said he watched a story about Timmothy on 20/20 and stated he wanted to get away from his only family. When questioned further, it is alleged that Rini stated “he wished he had a father like Timmothy’s.”
Further investigation by the FBI found that Rini had allegedly portrayed himself as a juvenile sex trafficking victim on two prior occasions. In those instances, he was only identified once he was fingerprinted.
Making false statements to federal agents is a federal crime punishable by eight years in this case. Aggravated identify theft carries a mandatory additional two year sentence.
Assistant United States Attorneys Kyle J. Healey and Christy L. Muncy are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
# # #
North Tonawanda Man Pleads Guilty to Drug Charge After Police Find 30 Kilograms of Cocaine in His CarRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Edgar Joel Jimenez-Rodriguez, 39, of North Tonawanda, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that between October 2017 and July 19, 2018, the defendant conspired with Jose Garcia-Santiago, Katherine Dejesus-Gonzalez, and others, to distribute cocaine. On July 19, 2018, the defendant picked up a Mercury Mariner containing 30 kilograms of cocaine, which was intended for distribution in the Western New York area. Law enforcement stopped the vehicle and arrested the defendant.
Previously, beginning in May 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirators Garcia-Santiago and DeJesus-Gonzalez, whom the defendant supervised. On May 26, 2018, law enforcement officers stopped a vehicle driven by Garcia-Santiago with DeJesus-Gonzalez as the passenger, and found five kilograms of cocaine. The defendant directed Garcia-Santiago and DeJesus-Gonzalez to pick up this cocaine from the New York City area for distribution locally.
In September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico and addressed to various residences in Niagara Falls. Postal inspectors seized approximately five kilograms of cocaine that were intended for the defendant and his co-conspirators.Charges remain pending against Jose Garcia-Santiago and Katherine Dejesus-Gonzalez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.
Sentencing is scheduled for August 15, 2019, at 9:30 a.m. before Judge Geraci.
Nine Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that nine previously deported aliens were indicted separately on April 17, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Dauphin, Franklin, Lackawanna, and York.
According to United States Attorney David J. Freed, Victor Espanol-Ahuacatitan, age 35, of Mexico, was previously deported from the United States to Mexico in April 2013. He is alleged to have illegally reentered the United States sometime after April 2013, and was found in the United States in Harrisburg, Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Diego Us-Tum, age 29, of Guatemala, was previously deported from the United States to Guatemala in October 2006. He is alleged to have illegally reentered the United States sometime after October 2006 and was found in the United States in Greencastle, Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Marvin Marroquin Garcia-Gomez, age 22, of Guatemala, was previously deported from the United States to Guatemala in February 2015. He is alleged to have illegally reentered the United States sometime after February 2015 and was found in the United States in Greencastle, Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Victor Alfonso Morales-Sanchez, age 28, of Guatemala, was previously deported from the United States to Guatemala in March 2017. He is alleged to have illegally reentered the United States sometime after March 2017 and was found in the United States in Greencastle, Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Manuel Alejandro Velasco-Rosales, age 32, of Mexico, was previously deported from the United States to Mexico in September 2011. He is alleged to have illegally reentered the United States sometime after September 2011 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Virgilio Orellana-Rivas, age 40, of Honduras, was previously deported from the United States to Honduras in November 2000. He is alleged to have illegally reentered the United States again sometime after November 2000 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Serafin Mendoza-Torres, age 27, of Mexico, was previously deported from the United States to Mexico in July 2016. He is alleged to have illegally reentered the United States sometime after July 2016 and was found in the United States in Dallastown, York County, Pennsylvania after eluding examination or inspection by immigration officers.
Javier Hernandez-Zuniga, age 42, of Mexico, was previously deported from the United States to Mexico in December 2009. He is alleged to have illegally reentered the United States sometime after December 2009 and was found in the United States in Dallastown, York County, Pennsylvania after eluding examination or inspection by immigration officers.
Mauro Camacho-Lopez, age 41, of Mexico, was previously deported from the United States to Mexico in April 2007. He is alleged to have illegally reentered the United States sometime after April 2007 and was found in the United States in Scranton, Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne Hoffman is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Defendants face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Nicaraguan Man Sentenced to More Than 23 Years in Federal PrisonRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Larry Navarrete, age 38, a citizen of Nicaragua, was sentenced yesterday to 284 months in federal prison followed by six years of supervised release on one count of Conspiracy to Distribute Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, the Drug Enforcement Administration (DEA) first became aware of Navarrete in 2015, as a result of his role as a leader of a drug trafficking organization responsible for distributing large quantities of methamphetamine in the Western District of Arkansas. The 2015 investigation revealed that Navarrete obtained and used numerous contraband cell phones while incarcerated in Calipatria, a state prison facility in California, to direct the shipment of methamphetamine to the Western District of Arkansas for distribution as well as to coordinate the payment of proceeds owed to him for the shipped methamphetamine. At the time, Navarrete was serving sentences in Calipatria due to a state conviction. Navarrete was first indicted and prosecuted in the Western District of Arkansas in case 5:15CR50060-001, and was ultimately sentenced in May 2017 to serve 240 months in the Bureau of Prisons on one count of Conspiracy to Distribute Methamphetamine. Upon returning to Calipatria to serve the remainder of his state sentences, Navarrete again obtained and used contraband cell phones to direct the shipment of methamphetamine to the Western District of Arkansas. It was in the fall of 2017, that Agents with the DEA Fayetteville Resident Office learned from confidential sources that Navarrete contacted them by cell phone from within the Calipatria state prison facility requesting their assistance in the distribution of methamphetamine in the Western District of Arkansas.
Based on the information received from the sources, in October 2017, Agents initiated a new investigation into Navarrete’s conduct. Agents arranged and conducted a controlled purchase of methamphetamine coordinated by Navarrete who was assisted by his co-conspirators located in the Western District of Arkansas and elsewhere. The methamphetamine recovered as part of the operation on October 11, 2017, was sent to the DEA South Central Laboratory for testing. The Laboratory determined that the substance contained approximately 103.84 grams of actual methamphetamine.
Navarrete was indicted at the close of the 2017 investigation by a federal grand jury in January 2018, and entered a guilty plea in December 2018. Navarrete will serve the remainder of his state sentence and the two sentences imposed in the federal cases in the Bureau of Prisons. The two federal sentences will run consecutive to one another.
This case was investigated by the Drug Enforcement Administration (DEA). Assistant United States Attorney Kimberly Harris prosecuted the case for the United States.
New York Man Pleads Guilty to Heroin and Crack TraffickingRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Demario Boler, a/k/a “White Mike,” a/k/a “Mike,” 23, of Buffalo, New York, pleaded guilty today in U.S. District Court to conspiring to distribute heroin and cocaine base, commonly known as “crack,” and distributing crack.
According to court records, between November 2016 and September 2017, Boler conspired with others from Rochester, New York and Central Maine to distribute heroin and crack. The drugs were acquired in Rochester and Boler and others distributed the drugs in Central Maine. On May 11, 2017, Boler sold crack to an individual working with law enforcement.
The defendant faces up to 20 years in prison, between three years and life on supervised release, and a $1,000,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the U.S. Drug Enforcement Administration; and the Maine Drug Enforcement Agency and is being prosecuted as part of the Department of Justice’s program to combat the opioid epidemic.
New York Man Pleads Guilty to Credit Card FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Peter Garces, 22, of the Bronx, New York, pled guilty today in U.S. District Court to credit card fraud. The charge arises from an investigation into fraud committed at three Maine Home Depot stores.
According to court records, on September 27, 2018, the defendant provided false identity information to three Home Depot stores located in Biddeford, South Portland and Windham to obtain credit cards. The defendant used his fraudulently obtained credit cards to purchase over $15,500 worth of items from those stores. The defendant was in the process of attempting to fraudulently obtain a credit card from a Home Depot store in Auburn when he was arrested.
The defendant faces up to 10 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Secret Service, in conjunction with the Biddeford, South Portland, Windham and Auburn Police Departments.
New Charges Added in Case Involving Former Columbus Vice DetectiveRead the Press Release
COLUMBUS, Ohio – A federal grand jury here returned two additional charges today in the case involving former Columbus Vice Detective Andrew K. Mitchell.
The superseding indictment charges Mitchell, 55, of Sunbury, with an additional count of obstructing justice and one count of destructing or removing property to prevent seizure.
Mitchell was arrested on March 11 on original federal charges related to allegedly kidnapping victims under the guise of an arrest and forcing those victims to engage in sex for their freedom.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Ohio Attorney General Dave Yost, Ohio Auditor of State Keith Faber, Franklin County Prosecutor Ron O’Brien and Interim Columbus Police Chief Thomas Quinlan announced the charges.
The original seven-count indictment charged Mitchell with three counts of depriving individuals of their civil rights while acting under the color of law (up to life imprisonment), two counts of witness tampering (up to 20 years in prison), one count of obstructing justice (up to 10 years in prison) and one count of making false statements to federal agents (up to five years in prison).
It is alleged that – while acting under color of law – Mitchell deprived victims of their Constitutional right to be free from unreasonable seizures by kidnapping victims under the guise of an arrest and forcing them to have sex for their freedom.
Today’s superseding indictment adds another count of obstructing justice (up to 20 years in prison) and one count of destructing or removing property to prevent seizure (up to five years in prison).
According to the latest court document, in October 2018, Mitchell destroyed, disposed of, concealed and/or altered records, documents, furniture, rugs, blankets, linens, clothing and other objects in an attempt to prohibit them from being used as evidence in the federal case currently pending against him.
Specifically, he directed individuals to assist him in removing and disposing of potential evidence, as well as cleaning out with bleach and other chemicals, items in an apartment on Denune Avenue in Columbus.
It is alleged that Mitchell knowingly destroyed, damaged or removed property prior to a lawful, court-authorized search conducted by the FBI, thus preventing federal authorities from taking the property into custody.
U.S. Attorney Glassman commended the investigation of this case by the FBI, Ohio Attorney General’s Bureau of Criminal Investigation (BCI), Ohio Auditor’s Office and Columbus Division of Police, as well as Assistant United States Attorneys Jessica H. Kim and Kevin W. Kelley, who are prosecuting the case.
Indictments merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
If you believe you are a potential victim related to this case, or have any relevant information, please call the FBI at 614-849-1777.
# # #
Nashville Man Facing Federal Charges Resulting from 2016 Robbery/MurderRead the Press Release
NASHVILLE, Tenn. – April 18, 2019 – Brandon Hunt-Clark, 22, of Nashville, Tennessee, was indicted yesterday by a federal grand jury and charged with conspiring to commit and committing Hobbs Act Robbery, using, carrying, brandishing and discharging a firearm resulting in death, and conspiring to tamper with a witness, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the indictment, these charges resulted from the robbery and murder of Justin Lawton, who was found shot to death in Nashville on December 14, 2016. The indictment also charges that Hunt-Clark conspired with unnamed others to tamper with a witness who had knowledge of that robbery and murder.
Hunt-Clark is currently in federal custody after having been indicted last month for being a convicted felon in possession of a firearm and for stealing a firearm in October 2017. That indictment also alleges that Hunt-Clark stole that firearm during a robbery of a drug dealer.
If convicted, Hunt-Clark faces up to life in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Sunny A.M. Koshy is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
# # # # #
Mother of Felon and Man Sentenced for Obstruction of Justice and Drug TraffickingRead the Press Release
RICHMOND, Va. – A Richmond woman and Chesterfield man were sentenced to one year and four months in prison, respectively, for crimes involving obstruction of justice and drug trafficking.
According to court documents, Regina Gasque, 49, and Trammel Lewis, Jr., 23 were involved in a conspiracy to obstruct justice after they crafted a scheme to deceive law enforcement. In April 2018, Richmond Police Officers performed a traffic stop on a vehicle driven by Keith Gasque, Regina Gasque’s son. Officers discovered two firearms in the vehicle, one of which law enforcement later learned had been illegally purchased for Keith Gasque by Lewis.
While incarcerated, Keith Gasque solicited the help of his mother and Lewis to craft a false story to tell police about Keith Gasque possessing the firearms. Keith Gasque convinced Lewis to tell law enforcement that Lewis had left the firearms in Keith Gasque’s vehicle, and Keith Gasque had no knowledge of the firearms. Law enforcement reviewed recordings of phone calls that Keith Gasque made while in jail, and heard conversations where Keith Gasque told Regina Gasque and Lewis what Lewis should tell law enforcement to support the false story. Gasque agreed to craft and relay similar messages from Keith Gasque to Lewis.
Keith Gasque was previously sentenced to serve more than four and a half years in prison for masterminding the conspiracy.
Regina Gasque also pleaded guilty to, and was sentenced for, aiding and abetting the possession of cocaine with the intent to distribute. In May 2018, the Richmond Police Department executed a search warrant at Keith Gasque’s home in search of additional firearms. Keith Gasque shared that home with Regina Gasque and Christopher Wills, a person Regina Gasque had been in a romantic relationship with for approximately 17 years. The officers discovered in a locked bedroom over 250 grams of cocaine, five firearms, ammunition, and other drug paraphernalia. Regina Gasque admitted that only she and Wills had a key to that bedroom. She ultimately admitted that the drugs and firearms belonged to Wills, and also admitted her intimate knowledge of Wills’s drug trafficking over the past several years and that she had handled the firearms and drugs.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-135.
Mission Man Sentenced for Possession of Firearms by a Prohibited Person and Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of two counts of being a Prohibited Person in Possession of a Firearm, and Conspiracy to Commit Wire Fraud, was sentenced on April 15, 2019, by U.S. District Judge Roberto A. Lange.
Mark Edward O’Leary, III, age 35, was sentenced to 48 months in federal prison on each count to run concurrently, followed by 3 years of supervised release, restitution in the amount of $100,700, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
O’Leary was indicted by a federal grand jury for the Possession of a Firearm charges on August 16, 2017, and on the Wire Fraud charge on February 14, 2018. He pled guilty on January 4, 2019.
The convictions stem from separate incidents. The firearms incident occurred on June 9, 2017, where O’Leary, being an unlawful user of and addicted to a controlled substance, methamphetamine, did knowingly receive and possess 14 firearms. The second incident occurred between February 4, 2011, through June 6, 2017, where O’Leary passed at least 544 checks drawn on a bank account not belonging to him. The checks were used for personal items for O’Leary and the purchases or deposits were not authorized by the owner of the bank account.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
O’Leary was immediately turned over to the custody of the U.S. Marshals Service.
Michigan City, Indiana Man Sentenced to 71 Months in PrisonRead the Press Release
SOUTH BEND – Demetrius Thomas, age 39, of Michigan City, Indiana, was sentenced before United States District Court Judge Jon E. DeGuilio upon his plea of guilty to 5 counts of Hobbs Act Robbery, announced U. S. Attorney Thomas L. Kirsch II.
Thomas was sentenced to 71 months in prison followed by 2 years of supervised release.
According to documents in this case, from December 24, 2017 through January 1, 2018, Mr. Thomas conducted a series of 5 armed robberies in South Bend, Mishawaka and St. Joseph County. The robberies occurred at a drug store, a pizzeria and gas stations.
The case was investigated by the FBI and was prosecuted by Assistant United States Attorney Joel R. Gabrielse.
###