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29 May 2019
Pierre Man Sentenced for Being Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on May 28, 2019, by U.S. District Judge Roberto A. Lange.
Michael Schmidt, age 44, was sentenced to time served, 2 years of supervised release, a $200 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Schmidt was indicted by a federal grand jury on June 12, 2018. He pled guilty on March 5, 2019.
The conviction stemmed from an incident on January 31, 2018, when a Forest Protection Officer observed Schmidt’s vehicle off a designated road. When the officer approached Schmidt, he informed the officer that there were firearms in the vehicle and acknowledged that he was a felon and had not had his rights restored. The firearms were seized and both were functional and had traveled in interstate and/or foreign commerce.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the U.S. Forest Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Pharmaceutical Company to Pay $3.5M to Resolve Allegations of Paying Kickbacks to DoctorsRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that pharmaceutical company Almirall, LLC, formerly named Aqua Pharmaceuticals, LLC (“Aqua”), will pay $3.5 million to resolve allegations that it employed illegal kickbacks to incentivize physicians to prescribe Aqua’s dermatology pharmaceutical drugs.
The settlement resolves allegations that, between 2012 and 2017, Aqua knowingly paid kickbacks to dermatology providers in order to induce prescriptions of their drugs. Aqua, through its sales representatives and other employees, allegedly provided physicians with improper in-office and out-of-office meals and food items, entertainment, trips, gift cards, and gifts. It also engaged health care providers for speaking engagements, advisory boards, and consulting services where one purpose of the compensation was to induce providers to prescribe Aqua drugs.
“Federal law is designed to ensure that doctors and other providers are not improperly influenced by pharmaceutical companies in deciding which drugs to prescribe,” said U.S. Attorney McSwain. “Our office will do everything in its power to ensure that pharmaceutical companies and prescribers are playing by the rules and that they are not enriching themselves at the expense of patients’ well-being, especially those covered by Medicare and Tricare, the insurance for members of the armed services. This settlement is just the latest example of our office’s strong partnership with HHS-OIG and the Defense Health Agency to protect the integrity of our health care programs.”
“Pharmaceutical companies that ignore rules designed to protect patients will be held accountable. Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Maureen R. Dixon, Special Agent in Charge of the Office of the Inspector General for the U.S. Department of Health and Human Services in Philadelphia. “We will continue to work with the U.S. Attorney’s Office in this District to root out all forms of waste, fraud and abuse in our federal health care programs.”
“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold health care providers accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefits of our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participate in fraudulent practices.”
This settlement resolves allegations in a lawsuit filed in the Eastern District of Pennsylvania by a former Aqua sales representative, under the qui tam (or whistleblower) provisions of the False Claims Act. The qui tam provisions permit private parties to sue for false claims on behalf of the government and to receive a share of any recovery. The relator here will receive $735,000 as her share of the recovery in the case. The relator was represented by Brian J. McCormick, Jr., Esq. of Ross Feller Casey LLP, and Claudine Homolash, Esq., of the CQH Firm.
“We thank the whistleblower for coming forward and providing essential assistance to the government. This concerned citizen’s information and assistance were critical to our office’s discovery and investigative efforts in this matter, and we deeply appreciate her contribution,” said U.S. Attorney McSwain.
The federal investigation was conducted in cooperation with the California Department of Insurance, which conducted its own investigation. The Department of Insurance separately agreed to a resolution of $3.1 million with Aqua to resolve similar allegations.
This case was a cooperative effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the Office of the Inspector General of the Department of Health and Human Services, and the Defense Health Agency. For the United States Attorney’s Office, Assistant United States Attorney Anthony D. Scicchitano and Auditor Dawn Wiggins handled the investigation and settlement.
The lawsuit is captioned United States ex rel. John Doe v. Aqua Pharmaceuticals, LLC et al., Civil Action No. 15-5086 (E.D. Pa.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Pennsylvania Man Pleads Guilty to Federal Charges for Illegally Distributing Anabolic Steroids and Other Misbranded DrugsRead the Press Release
Greenbelt, Maryland – George Sambuca, age 33, of Philadelphia, Pennsylvania, formerly of Henderson, Nevada, pleaded guilty today to distribution of anabolic steroids and to introduction of misbranded drugs into interstate commerce with intent to defraud and mislead.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Mark S. McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office.
“Offering U.S. consumers misbranded drugs online is a dangerous practice that places the public at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to protect U.S. consumers by investigating and bringing to justice those who defraud the public and circumvent federal law regarding the approval, manufacture, and distribution of human drugs.”
According to his plea agreement, from September 2016 through June 2017, Sambuca distributed anabolic steroids and other body-enhancing injectable drugs to consumers seeking to enhance their physiques. Sambuca admitted that he knew the anabolic steroids and other drugs that he distributed were misbranded within the meaning of the Food, Drug, and Cosmetic Act (FDCA) because they bore false labeling and lacked adequate directions for use, warnings, and other information such as expiration dates. The anabolic steroids that Sambuca distributed included Testosterone, Nandrolone, Stanozolol, Oxandrolone, and Oxymetholone, all of which are controlled substances.
Sambuca distributed anabolic steroids and other misbranded drugs for a company known as Dynasty Lab, which he knew sought buyers for these products by placing advertisements on bodybuilding websites and online forums, and by sending blast e-mail advertisements to customers.
In September 2016, a law enforcement officer acting in an undercover capacity received an unsolicited e-mail from Dynasty Labs in his “inbox” on a website known for promoting unapproved and misbranded underground drug lab sales. The message from Dynasty Labs promoted a “7 day super sale.” In response, on September 12, 2016, the undercover officer contacted Dynasty Labs via undercover e-mail and received a reply e-mail the same day promoting, among other drugs, Viagra, Cialis, Trestalone, Dihydroboldenone. A subsequent e-mail from Dynasty Labs requested that the undercover officer use a specific e-mail provider for “Security,” and undercover officer thereafter registered an undercover e-mail address at that provider.
On November 1, 2016, the undercover officer sent an e-mail to Dynasty Labs ordering anabolic steroids and other misbranded drugs. Dynasty Labs replied with specific payment instructions, including that the payment be made in cash and be sent through the mail.
The undercover officer made the payment as requested and as a result, on November 14, 2016, Sambuca mailed a package from Nevada to Maryland containing, among other items, seven vials labeled “TEST SUSTANON 350MG” containing Testosterone, and seven vials labeled “DECA DURABOLIN 400MG” containing Nandrolone. The steroids were misbranded within the meaning of the FDCA.
On May 15, 2017, the undercover officer e-mailed Dynasty Labs and ordered numerous anabolic steroids and other drugs. On May 20, 2017, Dynasty Labs replied with specific mailing instructions that directed the undercover officer to send $715 in cash to “Steven Thompson” at an address in Henderson, Nevada. On May 22, 2017, the undercover officer sent the cash as directed.
Sambuca admitted that, as a result, on June 16, 2017, he again mailed a package from Nevada to the undercover officer in Maryland containing, among other things, one ziplock bag of white powder labeled “DBOL 5g” containing Stanozolol, Oxandrolone, and Oxymetholone; one ziplock bag of white powder labeled “CLOMID” containing Stanozolol; and one vial labeled “SUSTANON 350MG/ML . . . 100cc” containing Testosterone. The steroids were misbranded within the meaning of the FDCA.
Sambuca faces a maximum sentence of 10 years in prison for distribution of anabolic steroids, and a maximum of three years in prison for introduction of misbranded drugs into interstate commerce. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for November 15, 2019 at 9:30 a.m.
United States Attorney Robert K. Hur commended the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Gregory Bernstein and Kelly O. Hayes, who are prosecuting the case.
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Pecos Credit Union C.E.O. and Former State Employee Pleads Guilty to Financial Institution Fraud Conspiracy and Failure to File a Tax ReturnRead the Press Release
Today in San Antonio, Reeves County Teachers Credit Union Chief Executive Officer and former state of Texas employee James T. “Jimmy” Dutchover admitted to defrauding the credit union and willfully failing to file a federal income tax return, announced U.S. Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and, Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Richard D. Goss, Houston Field Office.
Appearing before U.S. Magistrate Judge Richard B. Farrer, Dutchover pleaded guilty to a Superseding Information charging him with one count of conspiracy to defraud Reeves County Teachers Credit Union and to obtain money and property owned by it or under its care, custody and control by means of materially false and fraudulent pretenses and representations, and one count of willfully failing to file a federal income tax return.
According to papers filed in the case, Dutchover was the CEO of Reeves County Teachers Credit Union. He was also an employee of the State of Texas working for an elected official. Together Dutchover and the elected official conspired to use Dutchover’s position as CEO to obtain $10,000 from the credit union through a loan made in the name of a relative of Dutchover, which was actually for the benefit of the elected official. Further, for the year 2015, Dutchover, having received gross income from several sources, including approximately $9,197 from the State of Texas, wage income in the amount of approximately $107,153 from the Reeves County Teachers Credit Union, and approximately $77,350 from his sole proprietorship, willfully failed to make an income tax return to the IRS.
Dutchover faces up to five years in federal prison for the conspiracy charge and up to one year in federal prison for the tax charge. He remains on bond pending sentencing. A sentencing date has yet to be scheduled.
This case was investigated by the FBI’s Public Corruption Task Force consisting of investigators from the FBI and IRS–CI. Assistant U.S. Attorneys William R. Harris, Joseph E. Blackwell and Sean O’Connell are prosecuting this case for the Government.Paterson Contractor Admits Role in Scheme with Former Municipal Utilities Authority Commissioner to Steal Funds and Pay KickbacksRead the Press Release
NEWARK, N.J. – A Paterson-based contractor today admitted conspiring with a commissioner of the now-defunct Paterson Municipal Utilities Authority (MUA) to steal funds and pay kickbacks in return for obtaining work from the authority, U.S. Attorney Craig Carpenito announced.
Anthony Cacciola, 47, of Waldwick, New Jersey, pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiracy to commit extortion under color of official right.
According to documents filed in this case and statements made in court:
Cacciola operated a Paterson-based business specializing in fence installation and repair for both commercial and residential properties. In 2012 he was introduced to Erik Lowe, an MUA commissioner from February 2009 through May 2015. In this position, Lowe exercised control over the finances of the MUA, which had been created to manage the hydroelectric plant on the Passaic River in Paterson and manage certain surrounding properties.
Cacciola admitted that Lowe would inflate the dollar amount of the checks Lowe provided to Cacciola for various MUA contracts well beyond the actual value of the services performed. Cacciola admitted that this enabled him to kick back to Lowe thousands of dollars in cash for Lowe’s official assistance in directing work to Cacciola. Near the end of the scheme, Cacciola began accepting MUA checks from Lowe worth thousands of dollars knowing that no job had been, or would be, performed. Cacciola accepted a total of $141,700 in MUA checks from Lowe, out of which Cacciola paid tens of thousands of dollars in cash kickbacks to Lowe.
The count to which Cacciola pleaded guilty carries a maximum potential penalty of 20 years in prison and a $250,000 fine. As part of his plea, Cacciola must pay restitution of $89,900. Sentencing is scheduled for Sept. 23, 2019.Lowe pleaded guilty on May 30, 2018, before former Chief U.S. District Judge Jose L. Linares to one count of extortion under color of official right involving the same scheme to which Cacciola today pleaded guilty, and one count of conspiracy to commit extortion under color of official right pertaining to a separate fraud/kickback scheme involving Paterson MUA funds with Carnell Baskerville. Lowe is scheduled to be sentenced by Judge McNulty on June 4, 2019. Baskerville was sentenced by Judge Linares on Oct. 23, 2018, to 21 months in prison.
U.S. Attorney Carpenito credited special agents of the FBI under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Mark J. McCarren of the U.S. Attorney’s Office’s Special Prosecutions Division in Newark.
Defense counsel: John Bruno Esq., Rutherford, New Jersey
Pasco Man Sentenced to over 22 Years in Federal Prison for Drug TraffickingRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Rosalio Emmanuel Sanchez, age 33, of Pasco, Washington, was sentenced today after having been convicted after a 5-day jury trial in March 2019, of one count of conspiracy to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and five kilograms of cocaine and one count of distributing 50 grams or more of pure methamphetamine. Senior United States District Judge Wm Fremming Nielsen sentenced Sanchez to two concurrent 270-month terms of imprisonment, to be followed by a 10-year term of court supervision after he is released from federal prison. Senior Judge Nielsen also imposed an additional 27-month term of imprisonment to run consecutive to the 270-months, after finding that Sanchez violated court supervision stemming from a previous drug conviction.
According to information disclosed during court proceedings, Sanchez was a member of the Bueno Drug Trafficking Organization (DTO), a part of the Sinaloa cartel. After being released from federal prison in late 2015, Sanchez began distributing pound quantities of methamphetamine and heroin in the Spokane Washington area for the Bueno DTO. During the investigation, DEA seized over 50 pounds of methamphetamine and 25 kilograms of cocaine. During sentencing, Senior Judge Nielsen concluded the Bueno DTO was responsible for importing, transporting, and distributing hundreds of pounds of narcotics into the Eastern District of Washington.
Joseph H. Harrington said, “The United States Attorney’s Office for the Eastern District of Washington commends the law enforcement officers with the U.S. Drug Enforcement Administration, U.S. Department of Homeland Security, Spokane Police Department, and Oregon State Patrol, who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The sentence imposed by the court removes a drug trafficker from our streets and sends a clear message to others who may choose to engage in such criminal activity.”
Today’s enforcement action is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. This OCDETF investigation is being conducted by the Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was investigated by the Tri-Cities Resident Office of the U.S. Drug Enforcement Administration, the Spokane Resident Office of the U.S. Department of Homeland Security, the Spokane Police Department, and the Oregon State Patrol. This case was prosecuted by Stephanie Van Marter and Richard Barker, Assistant United States Attorneys for the Eastern District of Washington.
Parmelee Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Parmeleee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 29, 2019, by U.S. District Judge Roberto A. Lange.
Lionel Eugene Roubideaux, age 55, was sentenced to 15 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Roubideaux was indicted by a federal grand jury on October 16, 2018. He pled guilty on April 1, 2019.
Roubideaux was convicted of Aggravated Sexual Abuse in December 1987. As a result of this conviction, he is required to register as a sex offender for his natural life. Roubideaux failed to update his registration between March 17, 2018, and August 14, 2018.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Ohio Man Sentenced to 7 Years in Prison for Distributing Heroin and Laundering the ProceedsRead the Press Release
PITTSBURGH – An Ohio resident has been sentenced in federal court to seven years (84 months) in prison on his convictions of drug trafficking and money laundering offenses, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on James Nelson, 31, of Wellsville, OH.
According to information presented to the court, from January 2015 to February 2016, Nelson conspired with others to possess with intent to distribute and to distribute one kilogram or more of heroin. He also conspired to launder $60,000 of the proceeds of the heroin trafficking.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Drug Enforcement Administration, Hopewell Township Police Department, Beaver County District Attorney’s Office, Aliquippa Police Department, and the Beaver County Sheriff’s Office for the investigation leading to the successful prosecution of Nelson.
New Jersey Man Sentenced to 97 Months in PrisonRead the Press Release
SOUTH BEND – Stanford Wylie, age 51, of Palisades Park, NJ, was sentenced before United States District Court Judge Robert L. Miller upon his plea of guilty to possession with the intent to distribute more than 5 kilograms of cocaine, announced U.S. Attorney Kirsch.
Wylie was sentenced to 97 months in prison followed by 5 years of supervised release.
According to documents in this case, Mr. Wylie was intercepted on Interstate 90 on September 26, 2018 transporting a suitcase containing approximately 11 kilograms of cocaine and 1 kilogram of heroin. The suitcase was discovered by a Hobart Police Officer and his K-9 partner, Mojo. As a result of the investigation conducted by the Drug Enforcement Administration, law enforcement learned that Mr. Wylie made numerous cross-country trips transporting controlled substances and currency between Los Angeles, California and New Jersey.
This case was investigated by DEA with assistance from the Hobart Police Department. The case was handled by Assistant U.S. Attorneys Joel Gabrielse and Kimberly Schultz.
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Montgomery County Woman Convicted of Distributing Heroin, Killing Friend Sentenced to 21 Years in PrisonRead the Press Release
PHILADELPHIA – First Assistant U.S. Attorney Jennifer Arbittier Williams announced that Emma Semler, 23, of Collegeville, PA was sentenced today to 21 years’ incarceration, six years supervised release, and a $2,500 fine by the Honorable Gene E.K. Pratter. The defendant was convicted by a jury in December 2018 of one count of distribution, and aiding and abetting the distribution, of heroin resulting in death, and one count of distribution, and aiding and abetting the distribution, of heroin resulting in death within 1,000 feet of a playground.
Semler and the victim first became friends when they met at a drug rehabilitation facility in November 2013. On May 9, 2014, the victim contacted Semler via Facebook Messenger about obtaining heroin. Semler told the victim that Semler knew a place where they could get heroin and said Semler would bring her younger sister along with them. Semler also agreed to provide the syringe for the victim to use to inject the heroin.
The three women then traveled to the Overbrook section of West Philadelphia to purchase drugs from someone known to Semler. Upon Semler purchasing the heroin, the women went to a nearby Kentucky Fried Chicken (KFC) restaurant, located at 61st Street and Lancaster Avenue in Philadelphia. All three women went into the women’s restroom, where Semler distributed a packet of heroin along with a syringe to the victim. The victim injected the heroin and began to display symptoms of overdosing. When she realized that the victim was overdosing, Semler did not help the victim or call 911. Instead, Semler and her sister cleaned the bathroom of the evidence of their drug use and fled the KFC without contacting anyone regarding the victim’s condition, leaving her alone and fighting for her life on the bathroom floor. The victim was later found by a KFC employee, who immediately called 911. Despite efforts by first responders and later a hospital, the victim was pronounced dead. The KFC was located within 1,000 feet of a playground.
“This defendant acted with complete disregard for another human life, the life of a supposed friend,” said First Assistant U.S. Attorney Williams. “The defendant continued to engage in criminal behavior and was arrested for possession of heroin again after the victim’s death. Aggressively prosecuting egregious drug crimes like this case is part of this Office’s multi-layered approach to confronting the opioid epidemic ravaging our neighborhoods. The sentence handed down today is in the interest of justice.”
“Semler was convicted at trial of providing the victim with the heroin that lead to her fatal overdose,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The fact that Semler left the victim alone as she was overdosing is particularly disturbing, as she most likely could have been aided by first responders.”
The case was investigated by the Drug Enforcement Administration, and the case is being prosecuted by Assistant United States Attorney A. Nicole Phillips.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 28, 2019, by U.S. District Judge Roberto A. Lange.
Jeffrey W. Provancial, age 27, was sentenced to 14 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Provancial was indicted by a federal grand jury on December 11, 2018. He pled guilty on March 5, 2019.
The conviction stemmed from Provancial failing to register as a sex offender as required by federal law between June 13, 2018, and November 2, 2018. Provancial had previously been convicted of a sex offense in federal court, which required him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Provancial was immediately turned over to the custody of the U.S. Marshals Service.
Middlefield Man Pleads Guilty to Federal Tax ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service – Criminal Investigation in New England, announced that MICHAEL CALLAN, 70, of Middlefield, waived his right to be indicted and pleaded guilty today in Hartford federal court to a federal tax charge related to his filing false tax returns that substantially underreported his income.
According to court documents and statements made in court, Callan is an emergency response consultant who operates Callan & Company, based in Middlefield, and the website MikeCallan.com. Callan was audited by the IRS in May 2015. At the time of the audit, Callan had not filed federal income tax returns for the 2010 through 2015 tax years. Callan subsequently signed and filed individual federal income tax returns for the 2010 through 2012 tax years that significantly underreported the income he received from his business. The returns were then filed by his tax preparer.
For 2010, Callan reported $151,533 in total income from Callan & Company, but actually earned $217,925; in 2011, Callan reported $146,071 in total income from Callan & Company, but actually earned $219,094, and in 2012, Callan reported $160,558 in total income from Callan & Company but actually earned $257,745.
Callan also received more than $276,000 in total income from Callan & Company for the 2013 through 2015 tax years, but failed to file a return for each of those years.
Callan has agreed to cooperate with the IRS to pay $153,636 in taxes owed, plus interest and penalties.
Callan pleaded guilty to one count of filing a false tax return, an offense that carries a maximum term of imprisonment of three years. He is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on September 11, 2019.
Callan is released on bond pending sentencing.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Lauren Clark.
Memphis Man Sentenced to Federal Prison for Tampering with Consumer ProductsRead the Press Release
Memphis, TN – A local man has been sentenced to federal prison for tampering with consumer products. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, in 2014, Gregory Stanton, 49, worked at a food manufacturing plant in Memphis. Stanton made a video recording of himself tampering with the production line at the plant. The defendant then uploaded the video to the internet in 2016.
On September 11, 2018, a federal grand jury returned an indictment against Stanton for tainting consumer products with the intent to cause serious injury to the business of any person.
On May 24, 2019, U.S. District Court Judge Jon P. McCalla sentenced Stanton to 10 months in federal prison and ordered him to pay $10,000 in restitution.
U.S. Attorney D. Michael Dunavant said, "American citizens and consumers rely upon food manufacturers engaged in interstate commerce to provide them with safe and consistent products. Unfortunately, this defendant betrayed that trust by tampering with and tainting food products. We commend the U.S. Food and Drug Administration for their investigation in this matter, and we are pleased that the defendant has been held accountable for his criminal conduct."
"Americans expect and deserve the highest standards of food safety and wholesomeness, and the integrity of the U.S. food supply is too important to be thwarted by the illicit acts of any individual," said Acting Special Agent in Charge H. Peter Kuehl, FDA Office of Criminal Investigations, Miami Field Office. "FDA remains fully committed to the vigorous prosecution of criminals who tamper with or taint the U.S. food supply in any manner."
This case was investigated by Special Agent Brian Kriplean, the U.S. Food and Drug Administration, Office of Criminal Investigations.
Assistant U.S. Attorney Tony Arvin prosecuted this case on behalf of the government.
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Massachusetts Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
CONCORD – Nicholas Messina, 27, of Haverhill, Massachusetts, pleaded guilty in federal court to possession of a firearm in furtherance of drug trafficking and possessing controlled substances with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Messina was arrested at a hotel in Nashua, New Hampshire, with fentanyl, cocaine, thousands of dollars, and a loaded firearm. In a post-arrest interview, Messina admitted that he possessed the drugs for distribution.
Messina is scheduled to be sentenced on September 12, 2019.
“Drugs and guns are a potentially lethal combination,” said U.S. Attorney Murray. “Traffickers who use firearms to further their distribution activities present a heightened concern for law enforcement agencies. In order to protect the public from harm, we will aggressively prosecute those who engage in this hazardous activity.”
“ATF will continue to work with our federal, state and local law enforcement counterparts to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade," said Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division.
This matter was investigated by the DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.
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Man Charged with Sending Racist Death Threats to Dozens of Professional and College AthletesRead the Press Release
BOSTON – A former college soccer player was charged today in federal court in Boston with sending death threats to at least 45 professional and collegiate athletes between July and December 2017.
Addison Choi, 23, of Fullerton, Calif., was charged with one count of transmitting in interstate and foreign commerce a threat to injure the person of another. Choi will appear in federal court in Boston at a later date.
“There is a difference between free speech – even hate speech – and intentionally putting others in fear for their lives,” United States Attorney Andrew E. Lelling. “Mr. Choi crossed that line. Based on today’s charging document, and hiding behind the anonymity of social media, he threatened his victims in graphically violent, often racist terms. We take seriously internet-based threats of violence, especially racist ones – they undermine our nation’s hard-won, fundamental values of equality.”
“As alleged, Addison Choi made dozens of vile and racist death threats targeting professional and collegiate athletes and their families,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “He waged a very public campaign of intimidation against them, blaming them for his own prolific gambling losses. Let this case serve as another warning to others who think they can hide behind a keyboard and get away with making violent threats that put others in fear for their lives. Enough is enough. The FBI takes seriously all acts or threats of violence and is committed to investigating them.”
According to court documents, in 2017 Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate, and he lost more than he won. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.” Choi also posted threats on the accounts of athletes’ loved ones.
In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.”
Between July 2017 and December 2017, Choi allegedly posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.
Choi faces a sentence of no greater than five years in prison, three years of supervised release, restitution, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, are prosecuting the case.
Man from Zuni Pueblo Sentenced to 79 Months in Prison for Voluntary Manslaughter and Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
ALBUQUERQUE – Vernon Poleahla, 34, of Zuni, N.M., was sentenced in federal court yesterday to 79 months in prison for involuntary manslaughter and assault resulting in serious bodily injury in Indian Country.
Poleahla previously pleaded guilty to these offenses on September 26, 2018. According to Poleahla’s plea agreement, he committed these offenses following an argument on April 27, 2018. Poleahla choked the first victim and stabbed him in the neck causing serious bodily injury. When the second victim intervened to assist the first victim, Poleahla stabbed the second victim in the stomach causing his death. Poleahla is an enrolled member of Zuni Pueblo.
The Gallup office of the FBI investigated the case with assistance from the Zuni Police Department. Assistant U.S. Attorney Allison C. Jaros prosecuted the case.
Man from Pine Hill, N.m. Charged with AssaultRead the Press Release
ALBUQUERQUE – Harrington Alonzo, 34, of Pine Hill, N.M., was arraigned in federal court today on an indictment charging him with assault with a dangerous weapon in Indian Country and carrying, brandishing, and discharging a firearm during and in relation to a crime of violence.
According to a criminal complaint, Alonzo committed these offenses on April 24, 2019, within the boundaries of the Navajo Nation. Alonzo became drunk and argued with his girlfriend. She called the police to respond to their home. When they arrived, Alonzo pulled a handgun and fired several shots at an officer. The officer returned fire, but no one was hit or otherwise injured in the exchange of bullets. Alonzo is an enrolled member of the Navajo Nation.
The charges in an indictment and criminal complaint are only accusations. A defendant is presumed innocent until proven guilty. Alonzo is currently in custody pending trial. He faces up to 10 years in prison if convicted of the assault charge and a consecutive sentence of from 10 years to life in prison if convicted of the firearm offense.
The Gallup office of the FBI investigated the case with assistance from the Ramah Navajo Police Department and the Navajo Nation Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Long Island Home-School Tutor Sentenced to 10 Years in Prison for Attempted Child EnticementRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JEFFREY WEBER, a Long Island home-school tutor, was sentenced yesterday to 10 years in prison for attempted child enticement. WEBER pled guilty on December 12, 2018, and was sentenced yesterday by U.S. Circuit Judge Richard J. Sullivan.
U.S. Attorney Geoffrey S. Berman said: “Jeffrey Weber, who by profession had regular contact with children, pled guilty to attempting to engage in sex with a 13-year-old girl. He has now been sentenced to a lengthy term in prison, where he will not be able to prey on children.”
According to the Information and other filings filed in Manhattan federal court:
Between January 30, 2018, and February 14, 2018, WEBER, using email and text messages, engaged in sexually explicit communications with a law enforcement agent who was acting in an undercover capacity and posing as a 13-year-old girl. WEBER initiated these conversations by responding to a Craigslist listing advertising “a younger girl looking for an older guy,” posted by the agent acting in an undercover capacity. During these communications, WEBER discussed various sexual acts he wished to perform on the girl and made a plan to meet the girl at a diner in Manhattan and to then go to the girl’s nearby apartment for the purpose of engaging in sexual activity. On February 14, 2018, Weber was arrested at the diner where he planned to meet the girl, carrying condoms, among other items. Prior to his arrest, WEBER was employed as a tutor for children.
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In addition to the prison term, WEBER, 59, of Seaford, New York, was sentenced to five years of supervised release. WEBER will also be required to register as a sex offender subsequent to his release from prison.
Mr. Berman praised the New York City Police Department’s Computer Crime Squad, which is part of the Internet Crimes Against Children (ICAC) Task Force, for their outstanding investigative work.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Cecilia Vogel is in charge of the prosecution.
Last Man Hammered for String of Violent Commercial RobberiesRead the Press Release
HOUSTON – A Houston federal judge has sentenced a 23-year-old local man to more than 26 years in prison following his conviction of three counts of robbery and three counts of brandishing a firearm during a crime of violence, announced U.S. Attorney Ryan K. Patrick.
Deamonta Frederick Taylor, of Houston, pleaded guilty Jan. 30, 2019, admitting he took part in several robberies of cell phone stores in 2017. In one of those crimes, a pregnant female was ordered to strip naked at gunpoint.
Today, U.S. District Judge David Hittner ordered Taylor to serve a total of 315 months in prison. The court imposed 63 months in prison for the three robberies and 84 months in prison for each of the firearms charges, all of which must be served consecutively to each other and to the underlying robbery sentences. The total 26-year sentence will be immediately followed by five years of supervised release.
Co-defendants Kevin Eugene Harrison and Marquise Turner, both 23 and also of Houston, each pleaded guilty to one count of robbery and one count of brandishing a firearm. Harrison and Turner previously received 141 and 125 months in prison, respectively.
For several weeks in October and November 2017, the three men committed a series of commercial armed robberies, including several that took place at cellular telephone stores in the greater Houston area. Several of the victims were female, one of whom was pregnant. Taylor had made the women strip naked at gunpoint during the robberies.
On Nov. 9, 2017, a joint task force operation resulted in surveillance and the ultimate arrest of Taylor and his co-defendants as they fled a robbery they committed at a Metro PCS cellular telephone store on Aldine Mail Route Road in Houston. The two female victims in that robbery identified Taylor as the gunman.
The investigation eventually linked Taylor and his co-defendants to multiple robberies in the Fall of 2017.
All three men have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Harris County Sheriff’s Office, Texas Department of Public Safety and the Houston Police Department conducted the investigation. Assistant U.S. Attorney John Michael Lewis is prosecuting the case.
Lake Mary Woman Convicted of Mail Fraud Involving Scheme to Defraud eBay and PayPalRead the Press Release
Orlando, Florida – Jolanta Kucharski (54, Lake Mary) has pleaded guilty to mail fraud. She faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, Kucharski assisted her son, Brian Kucharski, in obtaining from publicly available websites personal identifying information of unsuspecting individuals, including their names and birthdates, and using that information to create fake eBay selling accounts. Brian Kucharski then used those accounts to negotiate the fraudulent sale of products, predominantly gift cards, through eBay, Inc. Unsuspecting eBay customers paid for ordered items through fraudulent PayPal accounts that Jolanta and Brian Kucharski had created. Brian Kucharski used the fraudulently obtained proceeds of the illegal activities to purchase precious metals, which were delivered to the Kucharskis through the U.S. mail.
Meanwhile, instead of mailing the purchased items to the eBay customers, Jolanta and Brian Kucharski also used the U.S. Postal Service (USPS) to disguise their fraudulent activities, by mailing random items to other individuals and using the USPS tracking numbers for those items to represent to eBay customers, and eBay, that they had mailed the purchased eBay items. The customers never received their items, and their demands for refunds were routinely denied.
The scheme was uncovered when postal customers all over the United States received priority mail packages containing random items of no value and contacted their local police departments and post offices. U.S. Postal Inspection Service investigators then identified Brian and Jolanta Kucharski as the perpetrators of the eBay scheme.
On November 6, 2018, Brian Kucharski pleaded guilty to mail fraud. He is scheduled to be sentenced on June 10, 2019.
This case was investigated by the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Laconia Man Sentenced to 46 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Robert Saint John, 32, of Laconia, was sentenced to 46 months in prison for fentanyl trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on May 31, 2017, the defendant and two other men pooled their money for the purpose of buying drugs. They drove together from Belmont, New Hampshire, to Lawrence, Massachusetts. In Lawrence, the men met with their drug supplier, purchased a quantity of fentanyl, and began to drive back to New Hampshire. On the highway near Derry, New Hampshire, the New Hampshire State Police conducted a traffic stop and seized a package containing approximately 111 grams of fentanyl.
Saint John previously pleaded guilty on March 29, 2018.
“This case highlights the all too familiar route by which fentanyl is introduced into New Hampshire,” said U.S. Attorney Murray. “Dealers who choose to bring this lethal substance into our state should understand that they will be arrested, prosecuted and incarcerated. We will continue to work closely with our law enforcement partners to stop the distribution of this deadly drug in the Granite State.”
“Fentanyl is one of the most lethal threats facing New Hampshire right now, and this case is just another example of what we’re doing to target the flow of illegal narcotics coming up from Lawrence, Massachusetts into our neighborhoods,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will continue to do everything it can to work with our law enforcement partners to attack the sources of supply, and send a strong message to dealers that they will be caught.”
This matter was investigated by the FBI, the New Hampshire State Police, and the Laconia Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski.
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Justice Department Announces Sixth Settlement Under the Civil Rights Division’s Protecting U.S. Workers InitiativeRead the Press Release
The Department of Justice today reached a settlement agreement with El Expreso Bus Company (El Expreso), a company that provides intercity passenger bus service, headquartered in Houston, Texas. The agreement resolves the Department of Justice’s investigation into whether El Expreso unlawfully denied employment to qualified and available U.S. workers because it preferred to hire temporary visa workers with H-2B visas. This agreement is the sixth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department’s investigation determined that El Expreso failed to consider applications from qualified U.S. workers for its temporary bus driver positions and then petitioned for H-2B visa workers to fill the positions, even though the H-2B visa program requires employers to recruit and hire available and qualified U.S. workers before they receive permission to hire temporary foreign workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating in the hiring process based on a worker’s citizenship status or national origin. Refusing to hire or consider U.S. citizens because of their citizenship status violates the anti-discrimination provision of the INA.
“Employers cannot discriminate against qualified U.S. workers because they prefer to hire visa holders,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This agreement is part of the Civil Rights Division’s continuing commitment to protect U.S. workers from discrimination, and we look forward to working with El Expreso as a partner in compliance.”
Under the settlement, El Expreso must engage in enhanced recruiting and job advertising efforts to attract qualified U.S. workers before using temporary visa programs. El Expreso must also set aside $197,500 to pay any wages lost by U.S. workers whose applications it improperly rejected or ignored, pay $31,500 in civil penalties to the United States, and be subject to monitoring compliance by the Department of Justice.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with six employers. Since the Initiative’s inception, employers have agreed to pay or have distributed nearly $1 million in back pay to affected U.S. workers and civil penalties to the United States. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to: discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Jacksonville Man Sentenced on Drug and Gun Charges Following Parking Lot Shooting IncidentRead the Press Release
NEW BERN — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Louise W. Flanagan sentenced Ezriel Pagan, 41, of Jacksonville to 100 months’ imprisonment, followed by 5 years of supervised release. On October 18, 2018, Pagan pled guilty to three counts: possession with intent to distribute heroin, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a felon.
The evidence established that at around 2:00 a.m. on February 18, 2018, officers of the Jacksonville Police Department responded to a shots fired call at Hooligans Pub & Music Hall in Jacksonville. Officers learned from a Hooligans security guard that a man in a red Nissan had fired a gun multiple times in the parking lot before fleeing down Dewitt Street. Officers were able to intercept the vehicle and arrest its driver and sole occupant, PAGAN. Under the driver’s seat, they found a Colt .380 caliber handgun. Investigators later found four matching shell casings in the Hooligans parking lot.
Two days later, detectives learned that PAGAN had made suspicious statements during jail calls to his girlfriend. During the calls, PAGAN urged his girlfriend to recover his impounded car because he had some “baby food” in it. The girlfriend agreed that she would need to recover the car if it held something that could get PAGAN in trouble. In response to this conversation, and understanding “baby food” to be a reference to narcotics, detectives obtained a search warrant for the still-impounded car. Under the driver’s side dashboard, they located two plastic bags of heroin, as well as small amounts of marijuana and hydrocodone.
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. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through 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 Jacksonville Police Department, the Onslow County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government.
Jackson County Man Pleads Guilty to Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Jackson County man pled guilty to federal gun crimes, announced United States Attorney Mike Stuart. Robert Logan Gorman, 28, pled guilty to being a drug user in possession of a firearm and to illegally possessing a firearm silencer.
“Drugs users and guns – a bad combination,” said United States Attorney Mike Stuart. “Those who violate our gun laws will face prison time. Federal gun laws carry stiff penalties.”
At the plea hearing, Gorman admitted that he is an unlawful user of and addicted to methamphetamine. He admitted that he possessed a firearm and firearm silencer on October 6, 2018, near Ravenswood.
He faces up to 20 years in prison and a $500,000 fine when he is sentenced on August 21, 2019.
The investigation was conducted by the Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Steve Loew is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Irondequoit Man Arrested, Charged with Production and Possession of Child PornographyRead 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 Logan Nedo, 33, of Irondequoit, NY, was arrested and charged by criminal complaint with producing and possessing child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum 50 years, along with a lifetime term of supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on May 19, 2019, Nedo turned himself in to the Brighton, New York Police Department, after it was discovered by family and friends that the defendant allegedly sexually abused two minor children in his care. After discovering that the alleged abuse primarily took place in the Town of Irondequoit, the Brighton Police Department turned Nedo over to the Irondequoit Police Department. The investigation continued and the defendant was eventually arrested on state charges involving the physical sexual abuse of the children.
During their investigation, the Irondequoit Police Department discovered that Nedo had produced and saved videos and images of the abuse. As a result, several electronic items were seized from the defendant’s home and turned over to the FBI Child Exploitation Task Force for processing. A preliminary examination revealed both videos and photographs depicting the sexual abuse of the minor victims by Nedo, as well as approximately 2,500 images of unrelated child pornography. The items were subsequently transported to the Regional Computer Forensics Laboratory for further forensic analysis.
The defendant made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.
The criminal complaint is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo; the Brighton Police Department, under the direction of Chief Mark T. Henderson; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the Regional Computer Forensics Laboratory and the Bivona Child Advocacy Center. Nedo is also facing a parallel New York State prosecution by the Monroe County District Attorney’s Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Immigration Detention Center Employees Indicted for BriberyRead the Press Release
BROWNSVILLE, Texas – A federal grand jury has returned an indictment against three local residents for selling alien detainee roster lists in exchange for cash, announced U.S. Attorney Ryan K. Patrick.
The five-count indictment was returned under seal May 28. Today, law enforcement took Benito Barrientez, 42, of Lyford; Damian Ortiz, 30, of Weslaco; and Exy Adelaida Gomez, 42, of Los Fresnos, into custody. They are expected to make their initial appearances before U.S. Magistrate Judge Ronald Morgan at 10 a.m. tomorrow.
Barrientez and Ortiz were employed at the Willacy County Regional Detention Center as a classification clerk and a senior program director, respectively. Gomez was a corrections officer at the El Valle Detention Center. Both facilities are located in Raymondville.
The three are charged with conspiracy to commit bribery and bribery.
The indictment alleges Barrientes, Ortiz and Gomez obtained alien detainee roster lists from the EL Valle Detention Center and the Port Isabel Detention Center-Los Fresnos, while employed in their respective capacities.
The lists contained the names, dates of birth, country of origin and other information of alien detainees, according to the charges. The three defendants allegedly then provided the lists to a local attorney in exchange for money. The indictment alleges the attorney would then use that information to attempt to solicit the detainees to hire his firm in immigration proceedings.
If convicted, the three employees defendant face up to 15 years in federal prison for the bribery charges and up to five years for the conspiracy. Each charge also carries a possible $250,000 maximum fine.
Immigration and Customs Enforcement – Office of Professional Responsibility conducted the investigation along with Department of Homeland Security – Office of Inspector General and Immigrations and Customs Enforcement’s Homeland Security Investigations. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Illegal Alien Living in Bradenton Pleads Guilty to Federal Firearms Offense in Shooting Death of Local Ice Cream ManRead the Press Release
Tampa, FL – Juan Carlos Ramirez-Arcos (34, Bradenton) has pleaded guilty to possessing a firearm or ammunition as an illegal alien. He faces a maximum term of 10 years in federal prison. He is also required to forfeit the firearm and ammunition that were used in committing the offense. The Ramirez-Arcos sentencing hearing is set for August 19, 2019.
According to court records, on October 17, 2015, Ramirez-Arcos shot and killed Jose Luis Mendoza-Aguilar, known around the neighborhood as the “ice cream man” because he sold ice cream and other snacks in the area. Mendoza-Aguilar was shot three times and died approximately five hours after the shooting. Ramirez-Arcos was tried for murder in Manatee County. At his state trial, Ramirez-Arcos testified that he acted in self-defense and was acquitted.
Further investigation had revealed that Ramirez-Arcos was illegally in the United States when he shot Mendoza-Aguilar and had been so since approximately 2001. Moreover, according to a review of the firearm and ammunition Ramirez-Arcos used to shoot Mendoza-Aguilar, the firearm had traveled in foreign commerce and the ammunition had traveled in interstate commerce. Ramirez-Arcos was therefore indicted in federal court with illegal possession of a firearm.
This case was investigated by the United States Border Patrol with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bradenton Police Department, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Houston Patient Recruiter Sentenced to 188 Months in Prison for Role in $20 Million Medicare Fraud SchemeRead the Press Release
A Houston, Texas patient recruiter was sentenced to 188 months in prison today for her role in a $20 million scheme to pay illegal health care kickbacks to physicians and Medicare beneficiaries in order to fraudulently bill for medically unnecessary home health services, and to launder the proceeds.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.
Egondu “Kate” Koko, 54, of Houston, was sentenced by Chief U.S. District Judge Lee H. Rosenthal of the Southern District of Texas. Judge Rosenthal also ordered the defendant to pay $12.9 million in restitution and to forfeit $1,378,552.00. Koko pleaded guilty in October 2018 to one count of conspiracy to pay and receive health care kickbacks and one count of conspiracy to launder monetary instruments.
As part of her guilty plea, Koko admitted to being a patient recruiter for Criseven Health Management, Beechwood Home Health, JMM Home Health and Trinity Healthcare Service, home health agencies that operated in the Houston area. Koko was also the owner and operator of Circuit Wide Home Health Services, a home health company. Koko admitted that she paid illegal kickbacks and bribes to physicians and patients for paperwork necessary for Criseven, Beechwood, JMM, Trinity and Circuit Wide (collectively, “the HHAs”) to bill Medicare. Koko and her co-conspirators submitted and were paid more than $9.5 million but less than $25 million in claims to Medicare for home health services purportedly provided by the HHAs, Koko admitted.
Koko further admitted to committing money laundering by opening a bank account under the identity of Person A, a Nigerian national. Koko transferred proceeds from her fraud on the United States from accounts controlled by Koko into the bank account of the Nigerian national. To further the scheme, Koko purchased a home using the funds from the Nigerian national’s account, which were proceeds from the fraud, she admitted.
This case was investigated by the FBI and HHS-OIG. Trial Attorneys Drew Pennebaker and Catherine Wagner of the Criminal Division’s Fraud Section prosecuted the case.
The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Houston Man Sentenced to 27 years in Federal Prison for His Role in Tilak Jewelers RobberyRead the Press Release
A Texas man was sentenced on Wednesday to 27 years in federal prison for his role in a large-scale jewelry robbery, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
At a trial in Dallas last October, Treveon Dominique Anderson, 28, of Houston Texas, was convicted of conspiring with 13 other individuals to rob Tilak Jewelers in Irving, Texas. Shortly after the robbery, evidence showed, Mr. Anderson and his co-conspirators returned to Houston and began selling the stolen jewelry to “fences” there.
Thanks to the dogged work of the FBI’s Violent Crime Squad, all involved – including the three fences – have been identified and charged.
Mr. Anderson, who has been in custody since his arrest in February 2016, was found guilty of one count of conspiracy to interfere with commerce by robbery, one count of interference with commerce by robbery, one count of using, carrying, and brandishing a firearm during a crime of violence, and two counts of kidnapping.
According to the testimony at trial, in the early morning hours on November 17, 2013, Mr. Anderson and 12 co-conspirators traveled from Houston to the Dallas area to rob Tilak Jewelers in Irving, Texas.
After arriving in Dallas, they stole a cargo van and a minivan. Then, while three of the conspirators positioned themselves outside the jewelry store to watch for law enforcement, Mr. Anderson, along with five other coconspirators, drove together in the stolen cargo van to Tilak Jewelers.
Once there, the conspirators disguised their identities with gloves, long-sleeved shirts, pants, and items covering their faces. One conspirator then smashed the jewelry store’s locked glass door with a hammer.
After gaining entry, as Mr. Anderson and two others brandished handguns, the conspirators restrained the owners of the jewelry store with zip-ties, smashed numerous jewelry display cases, and stole jewelry.
After securing the jewelry, they fled the scene in the stolen cargo van, which they abandoned at a predetermined location, where another conspirator was waiting in the stolen minivan. They were then driven to another predetermined location, where yet another conspirator was waiting in a switch vehicle.
After a short drive in the switch vehicle, the group handed off the stolen jewelry to another conspirator for transportation to Houston, where the Tilak tags were removed during a brief stop at a Houston strip club.
Mr. Anderson’s codefendants include: Afraybeom Traverom Jackson, 27, Joshua Deunte Caldwell, 26, Dominique Pearson, 25, Hilton Murdock Aitch, 56, Irving Tyrone Flanagan, 47, Larry Solomon, 42, Terrence Lynn Thompson, 53, Anthony Ray Turner, Jr, 25, Michael Cornelious, 27, Xavier Rashad Ross, 25, Vanlisa Scott, 47, and Jimmy Hatchett, 54. Out of the 13, 11 pled guilty and two -- Anderson and Jimmy Hatchett – were convicted after trial. One passed away before he could be brought to justice. Three fences have also been charged with lying to FBI Special Agents during the investigation. Two have pleaded guilty.
The Federal Bureau of Investigation, the Irving Police Department, and Houston Police Department conducted in the investigation. U.S. District Judge Ed Kinkeade presided over the trial. Assistant U.S. Attorneys Walt Junker, John DeLaGarza, and Keith Robinson prosecuted the case.
Highlands County Resident Charged with Armed Drug TraffickingRead the Press Release
A Highlands County, Florida man has been charged with armed drug trafficking.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Office and Paul Blackman, Sheriff, Highlands County Sheriff’s Office, made the announcement.
Samuel Martinez, 40, of Highlands County, has been charged by indictment with possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm (Case No. 19-14022-CR-Rosenberg). According to the indictment, the crimes occurred on or about March 12, 2019, in Highlands County. If convicted as charged, Martinez faces a mandatory minimum term of 15 years in prison and a maximum of life in prison.
An indictment merely contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
U.S. Attorney Fajardo Orshan commended the investigative efforts of DEA and the Highlands County Sheriff’s Office in this matter. This case is being prosecuted by Assistant U.S. Attorney Michael D. Porter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Hawaii Man Sentenced to over Nine Years in Prison for Distribution of Cocaine Near A PlaygroundRead the Press Release
HONOLULU – Jeffrey Rowell, 46, also known as Darnell Stinnette, was sentenced today to 110 months of imprisonment for the distribution of cocaine within 1,000 feet of a playground, specifically, Aala Park in Honolulu, Hawaii. A federal grand jury convicted Rowell after several days of trial on February 7, 2019.
U.S. Attorney for the District of Hawaii Kenji M. Price announced that, according to court documents and information presented in court, on June 13, 2018, Rowell sold crack cocaine to an undercover officer in exchange for $40 cash. When law enforcement executed his arrest, they found an additional 5.84 grams of methamphetamine in a small bag he was carrying. Rowell has an extensive criminal history, including state convictions on the mainland for assault, theft, battery, and domestic violence.
At sentencing, U.S. District Judge Derrick K. Watson remarked that Rowell’s criminal history was serious, and emphasized a need to protect the community from further crimes committed by Rowell. He noted that Rowell had served multiple terms of imprisonment before that were "slaps on the wrist," but stated, "that stops here."
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. 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, and local law enforcement, and the community to develop effective strategies to reduce violent crime.
The case was investigated by the United States Drug Enforcement Administration and the Honolulu Police Department. It was prosecuted by Assistant U.S. Attorneys Morgan Early and Darren Ching.
Guilty Plea from Kent Man Who made Multiple Online Threats to KillRead the Press Release
A 27-year-old Kent, Washington, resident pleaded guilty today in U.S. District Court in Seattle to two counts of making interstate threats for his online posts threatening members of President Trump’s family and media figures in Southern California and making threats to bomb synagogues, announced U.S. Attorney Brian T. Moran. CHASE BLISS COLASURDO, was arrested May 1, 2019. Chief U.S. District Judge Ricardo S. Martinez scheduled sentencing for August 23, 2019.
According to the criminal complaint, in March 2019, a member of the public reported to the FBI concerns about Instagram and other social media posts where COLASURDO threatened to execute members of President Donald Trump’s family. Additionally, COLASURDO sent messages to five different media organizations that he was going to execute the family member. COLASURDO posted a photo on Instagram showing a hand with a firearm pointed at the photo of a Trump family member. When initially contacted by law enforcement in March, COLASURDO claimed his social media accounts had been hacked.
Despite his statements that he was not responsible for the posts, COLASURDO continued to make threatening comments, specifically threats to members of the Jewish community. In one post, he wrote it was time to start “bombing synagogues.” Throughout April 2019, COLASURDO sent threatening email messages and online posts to media figures in Southern California using anti-Semitic slurs and threats to kill. As law enforcement continued to track his activity, it became clear he was purchasing various items related to firearms, such as a holster, bulletproof vest, and ammunition. COLASURDO attempted to purchase a firearm but was denied.
When law enforcement served search warrants at COLASURDO’s apartment, they recovered Nazi and Adolph Hitler related items, as well as ammunition, night vision goggles, and a gas mask.
Interstate threats are punishable by up to five years in prison and three years of supervised release.
The case is being investigated by the FBI and U.S. Secret Service in conjunction with an investigation by the Los Angeles Police Department. Significant assistance was provided by the Sound Regional Violent Crimes Task Force. The case is being prosecuted by Assistant United States Attorney Todd Greenberg.
Guatemalan National Wanted for Crimes Against Humanity Charged with Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national wanted for his role in the 1980s massacre of indigenous Guatemalans was charged yesterday in federal court in Boston.
Francisco Cuxum Alvarado, a/k/a Francisco Cuxun-Alvarado, 64, was indicted on one count of illegal reentry into the United States. Cuxum Alvarado was detained following an arraignment yesterday.
“Mr. Cuxum Alvarado is in Massachusetts illegally, evading accountability for human rights violations in Guatemala,” said United States Attorney Andrew E. Lelling. “While many immigrants come to this country seeking a better life, Mr. Cuxum Alvarado came here illegally, to escape a dark, criminal past. This case highlights the important work of Homeland Security Investigations and ICE in identifying and removing war criminals, human rights violators, and other dangerous aliens who illegally seek a safe haven in the United States.”
“We congratulate the U.S. Attorney for pursuing justice in this case,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigrations and Customs Enforcement’s Homeland Security Investigation (HSI), Boston. “Homeland Security Investigations looks forward to the disturbing and egregious allegations against this individual being openly and fairly adjudicated in federal court.”
According court documents, beginning in the early 1980s, there were a series of attacks committed against the indigenous Maya Achi people of Rio Negro, in and around the municipality of Rabinal, in Guatemala. During these massacres Guatemalan armed forces, assisted by civilian militias known as the Civil Defense Patrols (PACs), forcibly removed the Maya Achi from Rio Negro and attacked and killed hundreds of them. More than 400 Maya Achi people were killed in the Rio Negro massacres and hundreds of others were forcibly removed from their homes. In addition to the murders, there were mass sexual assaults carried out against Achi-Mayan women.
It is alleged that Cuxum Alvarado was a member of the PAC in Rabinal, and in 1998, was named as a suspect in the March 13, 1982, massacre of women and children at Cerro Pacoxom. In 2018, the Guatemalan government charged Cuxum Alvarado with crimes against humanity for participating in the mass sexual assault of Maya Achi women in and around Rabinal. In connection with the charges, the Guatemalan government obtained an INTERPOL Red Notice for Cuxum Alvarado’s arrest, which is a request to law enforcement agencies worldwide to locate and provisionally arrest suspects pending extradition to the jurisdiction in which they are charged. Cuxum Alvarado will be subject to extradition to Guatemala.
On April 30, 2019, Cuxum Alvarado was located in Waltham and arrested. During a subsequent interview with law enforcement, Cuxum Alvarado admitted that he was a member of the Rabinal PAC. At the time of his arrest, Cuxum Alvarado was unlawfully in the United States. He previously unlawfully entered the country in March 2004 in Arizona, and was ordered to be removed.
The charging statute provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. The defendant will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and HSI SAC Fitzhugh made the announcement today. This case was developed and supported by ICE’s Human Rights Violators and War Crimes Center, and investigated by HSI Boston’s Human Rights Violators and War Crimes Investigative Group and ERO Boston’s Fugitive Operations Unit. The Waltham Police Department and the HSI Attaché in Guatemala City, Guatemala assisted in the investigation. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
Greece Tax Preparer Ordered to Pay Thousands in Restitution for Filing False Tax ReturnsRead 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 Sedat Kaya, 64, of Greece, NY, who was convicted of aiding and abetting in the preparation and filing of false tax returns, was sentenced by U.S. District Judge David G. Larimer to three years’ probation and ordered to pay $55,681 in restitution to the United States Treasury.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant owned and operated Seneca Tax Services in Rochester, NY, since approximately 2004. Through his business, Kaya prepared individual Income Tax Returns for hundreds of clients. An investigation by the Internal Revenue Service revealed that between 2012 and 2017, the defendant intentionally falsified information on the tax returns of clients by including false or inflated expenses, thereby generating false returns from the U.S. Treasury. In total, Kaya defrauded the United States for a total tax loss of more than $55,681.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office.
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Former Federal Supervisory Correctional Officer Pleads Guilty to Civil Rights Offense for Aiding in the Assault of an InmateRead the Press Release
Khristal Ford, 32, a former Lieutenant at the Federal Correctional Complex (FCC) in Beaumont, Texas, pleaded guilty today to aiding and abetting another correctional officer in his assault on an inmate.
According to the plea documents and information presented in court, Khristal Ford was a supervisory correctional officer at the FCC on June 8, 2017, when Ford opened the door of a medical observation cell where A.A., an inmate, was being held. Ford then told a senior correctional officer to “take care of it” and watched as the officer entered the cell and punched A.A. in the head three times without justification. Following this assault, Ford submitted a written memorandum that omitted any reference to the punches and included a falsified breathalyzer photo sheet, all in an effort to conceal the incident and make it appear as if the victim was highly intoxicated at the time of the officer’s assault.
“This type of behavior in our correctional officers erodes public trust,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will vigorously prosecute those who violate the civil rights of inmates.”
“When correctional officers abuse their authority like this, it hurts more than the victim of the assault,” said U.S. Attorney Joseph Brown of the Eastern District of Texas. “It damages the whole system, hurting the credibility of the good officers who try to do the right thing every day. We will do everything we can to make sure these kinds of violations are prosecuted.”
Ford will be sentenced at a later date and faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000.
A former federal correctional officer faces federal charges in connection with this incident. This former officer is innocent until proven guilty in a court of law.
The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Department of Justice’s Civil Rights Division are prosecuting the case.
Former Cititax Refund Company Preparer Pleads GuiltyRead the Press Release
PITTSBURGH, PA – A resident of Allegheny County, Pennsylvania, has pleaded guilty in federal court to charges of Aiding or Assisting in the Preparation or Filing of False Federal Income Tax Returns, United States Attorney Scott W. Brady announced today.
Earlene L. Clancy, 39, of Pittsburgh, PA, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the government advised the court that between 2010 and 2016, Earlene L. Clancy prepared hundreds of false federal income tax returns for other persons while employed as a tax preparer for Cititax Refund Company in Pittsburgh that included false Schedule C information, and which requested hundreds of thousands of dollars in false EITCs refunds for the taxpayer.
Judge Fischer scheduled the sentencing for October 31, 2019 at 11 a.m. The law provides for a total sentence of three years' imprisonment, a fine of $250,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigations conducted the investigation that lead to the prosecution of Earlene L. Clancy.
Former Chief Deputy Nassau County Executive Pleads Guilty to Obstruction of JusticeRead the Press Release
Richard “Rob” Walker, the former Chief Deputy County Executive of Nassau County, pleaded guilty today in federal court in Central Islip to obstruction of justice in connection with a federal grand jury investigation of a cash payment that Walker received from a contractor while in office. The proceeding was held before United States District Judge Joan M. Azrack. When sentenced, Walker faces up to 20 years’ imprisonment.
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 guilty plea.
“While holding public office, Walker attempted to conceal his corrupt conduct by urging a witness to lie to the grand jury,” stated United States Attorney Donoghue. “Those who swear an oath to serve the public are expected to promote transparency, not obstruct justice. The Eastern District will hold officials accountable when they violate the public trust.” Mr. Donoghue expressed his thanks to Internal Revenue Service Criminal Investigation Division for its help during the investigation.
According to court filings and facts presented at the guilty plea proceeding, in 2014, Walker accepted a $5,000 cash payment from a contractor who was performing work for the county. In 2017, after learning that the United States Attorney’s Office had opened a grand jury investigation into potential corruption in Nassau County government, including the circumstances surrounding the $5,000 payment, Walker spoke to the contractor on several occasions, and attempted to persuade him to conceal the existence of the payment from the grand jury, or to provide a false explanation concerning the transaction, for example, as repayment of a loan. Thereafter, Walker met the contractor in a Hicksville park and handed him an envelope containing $5,000 in cash.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Artie McConnell and Catherine M. Mirabile are in charge of the prosecution.
The Defendant:
Richard Walker (also known as “Rob Walker”)
Age: 43
Hicksville, New YorkE.D.N.Y. Docket No. 18-CR-087 (JMA)
Florida Member of Thunderguards Motorcycle Gang Sentenced to Ten Years for His Involvement in Two Methamphetamine Distribution ConspiraciesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Andrew Shettler a/k/a “Yeti” (36, Daytona Beach) to 10 years in federal prison for conspiring to possess with the intent to distribute methamphetamine.
Shettler had pleaded guilty on January 30, 2019.
According to court documents, in April 2017, the FBI, and later the DEA, began an investigation into the drug trafficking organizations (DTOs) that had supplied motorcycle clubs, including the Pagans Motorcycle Club and their affiliated groups operating in the Middle District of Florida, with distribution amounts of methamphetamine. To date, 21 individuals have been found guilty as a result of the joint investigation.
Shettler was a member of the Thunderguards Motorcycle Club, a club affiliated with the Pagans Motorcycle Club. He conspired with several members of the Pagans to distribute methamphetamine in and around Daytona Beach.
“This case exemplifies the cooperation among federal, state, and local law enforcement agencies to dismantle dangerous criminal organizations that threaten the safety of our communities,” said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division. “The FBI will continue to target the leadership of these organizations and bring them to justice for the harm caused by their criminal actions.”
This case was investigated by the FBI, the DEA, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Felon Involved in Illegal Purchase of Handgun at Newington Gun Store Sentenced to 21 Months in PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JAMAL WEIR, 30, of Bridgeport, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 21 months of imprisonment, followed by three years of supervised release, for illegally purchasing and possessing a firearm.
According to court documents and statements made in court, in August and September 2017, Jamal Weir and Tymon Peterson texted one another about purchasing firearms. Peterson possessed a valid pistol permit and was able to purchase firearms legally, but Weir, as a convicted felon, is prohibited from possessing firearms. On September 22, 2017, Weir and Peterson travelled together to Hoffman’s Gun Center in Newington. At the store, Weir provided Peterson with cash to purchase at least one firearm on his behalf. On that date, Peterson filled out an ATF Form 4473 in which he falsely represented that he was the actual purchaser of a SCCY Model CPX-2, 9mm semi-automatic pistol, and that he was not acquiring the firearm for another person. Peterson gave the pistol to Weir after they exited the store.
Weir’s criminal history includes state convictions for illegal possession of a weapon in a motor vehicle, possession of narcotics with intent to sell, and carrying a pistol without a permit.
Weir has been detained since his arrest on September 17, 2018. On December 6, 2018, he pleaded guilty to one count of possession of a firearm by a convicted felon.
On December 14, 2018, Peterson, of Stratford, pleaded guilty to one count of making a false statement during the purchase of a firearm. He awaits sentencing.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the Connecticut State Police, the Newington Police Department and Hoffman’s Gun Center. The case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Margaret E. Maigret.
This prosecution 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 neighborhoods safer for everyone.
Federal Jury Finds Two Tampa Doctors Guilty of Conspiracy to Illegally Distribute OpoidsRead the Press Release
Tampa, Florida – A federal jury has found Dr. Kendrick Eugene Duldulao (45, Tampa) and Dr. Medardo Queg Santos (66, Lakeland) guilty of conspiracy to distribute and dispense controlled substances for no legitimate medical purpose and outside the course of professional practice. Santos was also found guilty of three counts of illegally distributing and dispensing controlled substances. Duldulao and Santos each face a maximum penalty of 20 years in federal prison on each count.
Duldulao and Santos were indicted on October 3, 2017.
According to testimony and evidence presented at trial, Duldulao and Santos were the medical directors at Health and Pain Center, a pain management clinic in Tampa, from June 2011 through March 2014, and April 2014 through October 2016, respectively. They prescribed excessive amounts of controlled substances, including oxycodone, hydrocodone, hydromorphone, morphine, methadone, and alprazolam. During their tenures as medical directors, Duldulao and Santos had brief and timed medical visits with patients, performed cursory physical examinations, and required minimal medical history or documentation for purposes of treatment. Duldulao and Santos knew that patients’ records were, at times, falsified for purposes of papering the files. Duldulao, Santos, and their co-conspirators operated Health and Pain Center as a cash-only business, with little or no medical equipment on site, staffers with no medical training, and a high-volume patient base.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Gregory D. Pizzo.
Federal Jury Convicts Williamsville Man of Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury convicted Richard Lucas, 34, of Williamsville, NY, of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $8,000,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that on May 15, 2017, investigators had search warrants for co-defendant Dominic Daniels and his vehicle. On that day, investigators were conducting surveillance and saw Daniels leave the Comfort Suites, in Cheektowaga, NY, with a blue bag and get into a white pick-up truck. After investigators observed Daniels meet with an individual on James Street in Buffalo, and engage in what appeared to be a narcotics transaction, Daniel’s vehicle was stopped and was searched. The search revealed approximately 744 grams of cocaine, a hotel key for a room rented by the defendant at the Comfort Suites, and approximately $16,000 in United States currency.
During a subsequent search of the hotel room rented by defendant, investigators seized approximately $33,000. Following Daniels’s arrest, Lucas arrived at the Comfort Suites, driving a 2017 Chevrolet Corvette. When he was approached by Erie County Sheriff’s deputies, he refused to comply with commands, resisted arrest, and then led one of the deputies on a chase through several parking lots, where he tried to carjack three vehicles. The defendant was eventually taken into custody at the intersection of the Kensington Expressway and Genesee Street by the sheriff’s deputy and federal law enforcement officers. At the time of his arrest, Lucas was in the possession of nearly $70,000 in jewelry. Evidence presented by the Government at trial established that the defendant was obtaining cocaine from Houston and distributing it to customers in the Buffalo area.
Co-defendant Dominic Daniels was previously convicted and is awaiting sentencing.
The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert; and the New York State Police, under the direction Major Edward Kennedy.
Sentencing is scheduled for August 27, 2019, at 1:00 p.m. before U.S. District Judge Elizabeth A. Wolford, who presided over the trial of the case.
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Federal Indictment Adds 10th Defendant and Expands Charges Against 9 Others in International “Romance Scam” InvestigationRead the Press Release
CHICAGO — Eight Chicago-area residents are among ten individuals charged as part of an international investigation into online fraud schemes, including “romance scams” and “mystery shopper scams.”
The Chicago-based investigation, dubbed “Operation Gold Phish,” identified a variety of cyber-enabled fraud schemes allegedly carried out by individuals in the United States and Nigeria. One of the alleged schemes involved “romance scams,” in which a defendant builds trust with a victim through a purported online romance before convincing the victim to send money to a predetermined recipient. The defendants contacted victims via websites such as Match.com, Facebook, and Instagram.
Another cyber-enabled fraud allegedly carried out by the defendants involved a “mystery shopper scam,” in which victims were fraudulently offered opportunities to receive commissions for evaluating services such as Western Union and MoneyGram. The victims received a check with instructions to deposit it in their bank accounts, withdraw the money in cash, and wire it to a predetermined third party. The check turned out to be fake, and the victims were defrauded of the money they had withdrawn from their accounts, the charges allege.
Nine of the defendants were originally charged last year with conspiracy to commit wire fraud. A federal indictment, returned May 16, 2019, added a tenth defendant and expanded the charges against the others. The original defendants are in law enforcement custody – eight in the U.S. and one in Nigeria – while the newly added defendant remains at large.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. Valuable assistance was provided by the Nigerian Economic and Financial Crimes Commission. Assistant U.S. Attorneys Peter S. Salib and Charles W. Mulaney represent the government.
Charged in the indictment are:
- Newly added defendant OLANIYI NASIRU OJIKUTU, 39, of Chicago (three counts of wire fraud)
- DANIEL SAMUEL ETA, also known as “Captain” and “Etaoko,” 35, of Skokie (12 counts of wire fraud, one count of conspiracy to commit a computer intrusion, one count of passport fraud)
- BABATUNDE LADEHINDE LABIYI, also known as “Junior,” 26, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- BARNABAS OGHENERUKEVWE EDJIEH, 29, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- SULTAN OMOGBADEBO ANIFOWOSHE, also known as “Ayinde,” 27, of Chicago (one count of wire fraud, one count of mail fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- BABATUNDE IBRAHEEM AKARIGIDI, also known as “AK,” 39, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- MIRACLE AYOKUNLE OKUNOLA, 21, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- OLUROTIMI AKITUNDE IDOWU, also known as “Idol,” 55, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
- ADEWALE ANTHONY ADEWUMI, 28, of Richardson, Texas (two counts of wire fraud)
- OLANIYI ADELEYE OGUNGBAIYE, also known as “DonChiChi,” 26, of Lagos, Nigeria (one count of wire fraud, one count of conspiracy to commit a computer intrusion). Ogungbaiye is in law enforcement custody in Nigeria.
The eight defendants in U.S. custody pleaded not guilty during arraignments last week before U.S. Magistrate Judge Jeffrey Cole in Chicago.
In addition to the romance and mystery shopper schemes, the indictment accuses the defendants of engaging in other cyber-enabled scams. In a scheme known as a “business email compromise,” the defendants fraudulently obtained usernames and passwords or sent spoofing email messages to employees claiming to be from a known business contact, instructing victims to change the wire instructions for bank payments, the charges allege. Per the instructions given in the fraudulent emails, the victim then unknowingly wired funds to a bank account controlled by the defendants that had been opened in a fictitious name utilizing a fake passport, the indictment states.
The public is reminded that charges contains only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Making a false statement to a financial institution carries a maximum sentence of 30 years in prison; wire fraud is punishable by up to 20 years; passport fraud is punishable by up to ten years; and conspiracy to commit computer fraud is punishable by up to five years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Federal Grand Jury Indicts Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that ANTHONY HORTON, age 45, a resident of New Orleans, Louisiana, was charged on Friday, May 24, 2019 in a one-count indictment by a federal grand jury for being a felon in possession of a firearm. Federal law prohibits individuals who have been convicted of certain crimes from possessing firearms after being convicted.
If convicted, HORTON, who is alleged to be an armed career criminal, faces a mandatory minimum sentence of 15 years of imprisonment and a maximum sentence of life imprisonment, a fine up to $250,000, a period of supervised release of not more than 5 years, and a mandatory special assessment fee of $100.00.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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.
The case was investigated by the Louisiana State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorneys Brittany Reed and Melissa Bucher of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Enfield Man Who Sold Heroin and Fentanyl to Overdose Victim Sentenced to 2 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTOPHER FELICIANO, 29, of Enfield, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 24 months of imprisonment, followed by three years of supervised release, for selling heroin and fentanyl to an Enfield overdose victim.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, at approximately 8:55 a.m., on October 8, 2017, Enfield Police and emergency medical personnel responded to a residence in Enfield and found an unresponsive 24-year-old male in the home. The victim was pronounced deceased. Officers searched the immediate area and located narcotics paraphernalia. Officers also seized the victim’s phone. An analysis of Facebook messages and telephone contacts revealed that the victim had purchased heroin/fentanyl from Feliciano beginning in at least February 2017, and that the victim ordered heroin/fentanyl from Feliciano a few hours before the victim was found deceased.
On February 19, 2019, Feliciano pleaded guilty to one count of possession with intent to distribute, and distribution, of heroin and fentanyl.
This matter was investigated by the Drug Enforcement Administration and the Enfield Police Department. The case was prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Enfield Man Sentenced to 21 Months in Prison for Unlawful Possession of AmmunitionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TYRUS PRUDE, 29, of Enfield, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 21 months of imprisonment, followed by three years of supervised release, for unlawful possession of ammunition.
According to court documents and statements made in court, on January 19, 2018, law enforcement conducted a court-authorized search of Prude’s Enfield residence and seized six live rounds of 9mm ammunition.
Prude’s criminal history includes state felony convictions for burglary in the third degree and possession of a weapon in a motor vehicle.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On February 20, 2019, Prude pleaded guilty to one count of possession of ammunition by a convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Enfield Police Department. The case was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution 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 neighborhoods safer for everyone.
Elyria man sentenced to 25 years in prison for sexually exploiting a 12-year-old he met onlineRead the Press Release
An Elyria man was sentenced to 25 years in prison for sexually exploiting a 12-year-old and related child pornography crimes.
Christopher Goodin, 33, was ordered to pay $150,156 in restitution. He previously pleaded guilty to sexual exploitation of a minor, receipt of child pornography and possession of child pornography.
Goodin controlled multiple social media accounts which he used to communicate with a young girl in Utah between June and August 18, 2018. With one account, Goodin posed as a young girl who was harassed and threatened by an older man. With another account, Goodin posed as the older man, according to court documents.
Goodin, posing as both the older man and young girl, told the victim that he would stop harassing the young girl if the victim sent sexually explicit photos to him, which the victim did, according to court documents.
A search in October 2018 of Goodin’s home on Kentucky Drive in Elyria resulted in the recovery of: a cell phone with 716 images and 126 videos of suspected child pornography, including bestiality, infants and toddlers, bondage and fetish videos; a laptop computer with 63 videos and 32 images of child pornography, as well as 661 images and 14 videos of another child victim; and an SD card with 844 image files and 761 video files of suspected child pornography, according to court documents.
“This defendant is a predator who tricked unsuspecting children into sending him graphic images by posing as someone else,” U.S. Attorney Justin Herdman said. “This case is a disturbing and stark reminder that people online are rarely who they claim to be, and parents need to know who their children are communicating with.”
“The FBI is pleased with the 25-year sentence given to Mr. Goodin today,” said FBI Special Agent in Charge Eric Smith. “Individuals who exploit children deserve to spend a significant time behind bars. Parents are urged to be aware with whom their children interact with online. Children should be loved, cherished, and protected not used for the benefit of someone’s sexual gratification.”
This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik following an investigation by the Federal Bureau of Investigation.
An indictment is only a charge and 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.
Eight Men Face Child Pornography Related ChargesRead the Press Release
U.S. Attorney Christina E. Nolan and Vermont Attorney General T. J. Donovan announced today that eight men were arrested in mid-May for possession/promotion of child pornography. The arrests were made as a result of Operation Bada Bing. Operation Bada Bing, which was conducted by Vermont’s Internet Crimes Against Children Task Force (VT-ICAC) and Homeland Security Investigations (HSI), involved executing search warrants on several residences during the week of May 13, 2019, based on CyberTips that were received from the National Center for Missing and Exploited Children. These CyberTips are typically generated by Internet Service Providers or social media platforms whenever they detect suspected child sexual exploitation material on their networks. These CyberTips are in turn sent to local ICAC task forces throughout the country.
Operation Bada Bing culminated in the arrests of the following individuals:
Frank Farley, 37, of Rutland.
Russell Biathrow, 61, of Killington.
Mark Hulett, 48, of Ferrisburgh.
Uriah Shows, 29, of Middlebury.
Bernard Tinker, 58, of Colchester.
Richard Weston, 25, of Huntington.
Louis Hamlin II, 74, of Huntington.
Sean Fiore, 35, of Burlington.
These individuals now face either federal or state charges for possession or promotion of child pornography. The Attorney General emphasizes that these individuals are legally presumed innocent of the charges until their guilt is proven beyond a reasonable doubt through the court process.
“Society should be judged by how it protects its most innocent and vulnerable members,” stated U.S. Attorney Christina E. Nolan for the District of Vermont. “Children are our future, and we will fight tirelessly for their safety. The announcement of a series of charges in a joint federal and state sweep reflects our commitment, as a Vermont law enforcement team, to bring serious charges and consequences to those who would harm and exploit children. I thank Attorney General Donovan for his leadership and strong partnership when it comes to protection of our youth. And I commend the Vermont ICAC and HSI for their exemplary cooperation and teamwork when it comes to combatting heinous child exploitation crimes and taking offenders against children out of Vermont communities.”
“ICAC plays a critical role in protecting children here in Vermont and elsewhere,” said Attorney General Donovan. “We need to continue to raise awareness and support ICAC’s mission so that all children – regardless of where they live – are not subject to violent exploitation.”
VT-ICAC was formed in 2008. The Vermont Attorney General’s Office assumed responsibility for managing VT-ICAC in October of 2015. Since October of 2015, VT-ICAC has performed 915 investigations, received 834 CyberTips from the National Center for Missing and Exploited Children, and arrested 125 individuals for crimes against children. VT-ICAC also works extensively to educate Vermont communities about internet safety. In the past three years, VT-ICAC conducted 2,032 educational forums around the state.
To assist in locating evidence as small as a micro sd card (a device as small as a fingernail), VT-ICAC obtained an electronic detection K9, named Mojo. Mojo, a yellow Labrador, is one of just a few of these dogs currently in use across the country. Mojo’s deployment has been successful; since January of last year he has been used at search warrants across the state and has led to the recovery of concealed evidence.
Operation Bada Bing was a collaborative effort involving the Vermont Attorney General’s Office, the Vermont State Police, Homeland Security Investigations, the Vermont U.S. Attorney’s Office, Burlington Police Department, South Burlington Police Department, Chittenden Unit for Special Investigations, Orange County Sheriff’s Department, and the University of Vermont Police Services.
Eagle Butte Man Sentenced for Maintaining Drug HouseRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Maintaining a Drug-Involved Premises was sentenced on May 29, 2019, by U.S. District Judge Roberto A. Lange.
Jason Leo Fischer, age 35, was sentenced to 13 months in federal prison, 2 years of supervised release, $1,000 fine, forfeiture of a rifle, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fischer was indicted by a federal grand jury on November 22, 2017. He pleaded guilty on March 5, 2019.
Between June of 2016 and November of 2017, Fischer used and maintained his residence in Ziebach County for the use and distribution of methamphetamine and marijuana. He was aware that numerous individuals were using and distributing methamphetamine and marijuana on the premises and he failed to stop them. When Fischer was arrested, law enforcement located and seized a .22 caliber rifle from the doorway of Fischer’s bedroom, and confiscated numerous items of drug paraphernalia testing positive for methamphetamine and/or marijuana from within the residence.
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 the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Fischer was immediately turned over to the custody of the U.S. Marshals Service.
Drug User Sentenced to Prison for Possessing a FirearmRead the Press Release
NEWPORT NEWS, Va. – A Williamsburg man was sentenced today to five years in prison for possessing a firearm while being a drug user.
According to court documents, John Johnson, 25, was arrested on Oct. 15, 2014 when Williamsburg Police responded to reports of a shooting. Johnson was located by responding officers and his firearm was recovered from an alleyway beside a local business when he threw it following the shooting. Johnson was also in possession of a backpack containing marijuana which he admitted was his for personal use.
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 Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Eric M. Hurt 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. 4:18-cr-92.
Drug Trafficker from Benton Harbor and Atlanta Convicted at Trial by JuryRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today a federal jury convicted Richard Farmer, Sr., 44, of conspiring to distribute methamphetamine and ecstasy after a four-day trial before the Honorable Robert J. Jonker, Chief United States District Judge. Farmer faces up to thirty years in prison when he is sentenced on October 9.
Farmer was arrested in August 2018 during the multijurisdictional takedown of a methamphetamine ring. Twenty-four defendants have been indicted in related cases as part of the investigation, and sixteen pled guilty before Farmer’s trial.
The proofs at trial established that Farmer was an adviser to the leader of the organization, Raymond Stovall. Over the two months Stovall’s phone was wiretapped in 2018, Farmer told Stovall how to transport money and drugs, sought to invest money in drug packages, helped Stovall look for a missing drug package, travelled to Michigan from his home in greater Atlanta to meet with Stovall, informed Stovall that he was sending ecstasy to Michigan, and plotted to help Stovall obtain additional methamphetamine from a source in Benton Harbor, Farmer’s hometown. Farmer also harbored Antwan Mims – an unindicted co-conspirator convicted of two counts of first-degree murder by a Berrien County jury earlier this year – while he was a fugitive wanted for those homicides. Farmer and Mims were found by an FBI SWAT team in a drug house outside of Atlanta along with a pound of methamphetamine, heroin, other drugs, packaging materials, and a loaded, stolen firearm.
"The jury saw Richard Farmer for the drug dealer the evidence showed he was," said U.S. Attorney Birge. "The lesson here is that if you choose to get into the business of illegally trafficking these dangerous drugs in West Michigan, law enforcement agencies from far and wide will work together to bring you to justice."
"This case exemplifies the cooperation among federal, state, and local law enforcement agencies to dismantle dangerous criminal organizations that threaten the safety of our communities," said Timothy R. Slater, Special Agent in Charge of the FBI Detroit Division. "The FBI will continue to target the leadership of these organizations – and those who facilitate their crimes – in order to stop the increase in violence and crime associated with these multi-state drug trafficking organizations."
"Farmer was part of a drug distribution network spanning from Georgia to Western Michigan," said Timothy J. Plancon, Special Agent in Charge of the Detroit Field Division of the DEA.
"This successful conviction is a testimony to the dedication and hard work of our federal and local law enforcement partners and the United States Attorney’s Office. We will continue our relentless pursuit to identify and investigate those trafficking illicit narcotics in our communities."
With respect to the defendants still pending trial, the charges in the indictment are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
This case is being investigated by the FBI, the DEA, the U.S. Postal Inspection Service, the Kalamazoo Valley Enforcement Team, and the Southwest Enforcement Team (a component of the Michigan State Police), who were assisted by the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan Department of Corrections, the Portage Police Department, the Kalamazoo Department of Public Safety, the Kalamazoo County Sheriff’s Office, the Berrien County Sheriff’s Office, the St. Joseph County Sheriff’s Office, and TSA Investigations – Detroit Field Office. Farmer was tried by Assistant U.S. Attorneys Justin M. Presant and Vito S. Solitro.
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