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29 May 2019
Dominican Man Pleads Guilty to Drug Trafficking OffenseRead the Press Release
CONCORD – Jose Oriol Feliz Aybar, 31, of the Dominican Republic, pleaded guilty in federal court to participating in a conspiracy to distribute fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, the defendant distributed quantities of fentanyl in Lawrence, Massachusetts with Leudin Arismendi Lara (also known as Rolando Sierra-Oyola). On three occasions in 2016, the defendant sold fentanyl to an individual who was cooperating with law enforcement officers and who purported to be a New Hampshire-based drug trafficker.
Lara previously pleaded guilty and was sentenced to serve 91 months in prison.
Aybar is scheduled to be sentenced on September 12, 2019. He faces likely deportation to the Dominican Republic after serving his sentence.
“Fentanyl trafficking continues to endanger the people of New Hampshire,” said U.S. Attorney Murray. “Those who choose to trade in this deadly drug have earned the undivided attention of law enforcement and will be aggressively prosecuted.”
The investigation was conducted by the United States Drug Enforcement Administration, Tactical Diversion Unit, Portsmouth, New Hampshire; the New Hampshire State Police, the Portsmouth, New Hampshire Police Department, the Exeter, New Hampshire Police Department, the Andover, Massachusetts Police Department, the Wilmington, Massachusetts Police Department, and the Lawrence, Massachusetts Police Department. Assistant United States Attorney Seth Aframe is prosecuting the case.
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Convicted Felon from Selma Gets 10 Years in Federal Prison After Shooting a Firearm into Neighboring ApartmentRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge James C. Dever III, sentenced DARNELL THOMAS BROWN, 29, of Selma to 120 months’ imprisonment, followed by 3 years of supervised released.
On December 11, 2018, BROWN, pled guilty to being a felon in possession of a firearm. On February 26, 2018, the Selma Police Department responded to a report of a shot fired into an occupied apartment. A man told police that his neighbor, BROWN, discharged a firearm into a bedroom occupied by minor children. Responding officers searched BROWN’s apartment, but he was not found at that time. In the apartment, officers found cocaine and marijuana, along with ammunition and rifle accessories. In the area outside of the apartment, officers found a rifle loaded with a high-capacity magazine and two handguns, one of which had been stolen. Selma Police removed the firearms, but set up a camera system which captured BROWN returning to that area and appearing to look for the firearms. BROWN was eventually apprehended and admitted that he accidentally shot into the neighboring apartment. At the time of the offense, BROWN was a convicted felon and could not lawfully possess a firearm.
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 violence crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Selma Police Department.
Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Chinle Man Sentenced to 10 Years’ Prison for Sexual AbuseRead the Press Release
PHOENIX – On May 28, 2019, Stanley Ray Tsosie, 29, of Chinle, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 10 years’ imprisonment, to be followed by a lifetime term of supervised release with sex offender registration, treatment, and testing. Tsosie had previously pleaded guilty to Sexual Abuse by Threat.
The victim reported to a family member that Tsosie had perpetrated the sexual abuse by placing the victim in fear for the victim’s own safety. Agents of the Federal Bureau of Investigation began an investigation, which led to Tsosie’s arrest and prosecution. Both Tsosie and the victim are members of the Navajo Nation, and the abuse occurred within the Navajo Nation Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. -- A Charleston man pled guilty today to a federal gun crime, announced United States Attorney Mike Stuart. Tijuan Tyson, 30, entered his guilty plea to possession of a firearm by a prohibited person. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Charleston Police Department.
Tyson admitted that on October 19, 2015, he was approached by officers because he looked similar to a suspect involved in a robbery. He appeared nervous, had his hands in his pocket, and dropped a bag of suspected marijuana on the ground prior to taking off on foot. He was apprehended and during a search incident to arrest, officers located the loaded and operable Arsenal CO, 9 mm caliber pistol, which was listed as stolen, in his pocket.
Tyson is prohibited from possessing firearms because he has been convicted of the felony of use of an access device with the intent to defraud.
Tyson faces up to ten years in federal prison when he is sentenced in August 2019. United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Ryan A. Saunders is handling the prosecution.
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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Charges Dismissed on March 17, 2020Read the Press Release
NEWARK, N.J. – A doctor based in Trenton and Delran, New Jersey, was charged today with health care fraud for billing Medicaid and Medicare for in-person services during periods when he was traveling out of state, U.S. Attorney Craig Carpenito announced.
Vedat Obuz, 54, of Merion Station, Pennsylvania, is charged by complaint with one count of health care fraud. Obuz made his initial appearance before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
Between July 2014 and October 2018, Obuz billed Medicaid for $358,779 and Medicare for $57,396 for patient care that took place when he was traveling and was not present at his medical practice. The medical codes used in the billings indicated that Obuz was the treating physician and the services billed for required him to be physically present to see the patients.
For example, travel records show Obuz was in Tel Aviv, Israel, from Nov. 1-6, 2017. On Nov. 2-4, 2017, Obuz billed Medicare and Medicaid $4,660 for treating approximately 30 patients. Travel records show Obuz was in Istanbul, Turkey, from April 18-22, 2018. On April 19-21, 2018, he billed Medicare and Medicaid $7,770 for treating 53 patients.
The health care fraud count carries a maximum penalty of 10 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert; the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia; and the Camden County Police Department, under the direction of Chief J. Scott Thomson, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Sara F. Merin of the Health Care and Government Fraud Unit of the U.S. Attorney’s Office in Newark.
The charge and allegations in the complaint are merely accusations, and defendant is presumed innocent unless and until proven guilty.
Defense counsel: Ernest E. Badway Esq., Morristown, New Jersey
C-Mart Supermarket Inc. Sentenced for Snap Benefit FraudRead the Press Release
BOSTON – C-Mart Supermarket Inc. (C-Mart) was sentenced today in federal court in Boston in connection with an $110,000 SNAP benefit fraud scheme that the corporate defendant operated out of a Chinatown supermarket.
C-Mart was ordered by Chief U.S. District Court Judge Patti B. Saris to pay $110,000 in restitution and a $10,000 fine. On Feb. 26, 2019, C-Mart Supermarket Inc. pleaded guilty to one count of conspiracy to acquire, possess, and redeem Supplemental Nutritional Assistance Program (SNAP) benefits in an unauthorized manner, and one count of SNAP fraud/aiding and abetting.
SNAP, administered by the U.S. Department of Agriculture (USDA), provides eligible households with government subsidies for food and allows holders to exchange their SNAP benefits for food at authorized retail food stores. During the time-frame of the conspiracy, C-Mart was an authorized SNAP retailer.
From about October 2010 through April 2012, C-Mart conspired with another business located in the Chinatown section of Boston to commit SNAP fraud. During that period, the co-conspirator and employees of the co-conspirator purchased SNAP benefits from legitimate SNAP beneficiaries for cash at a discounted value of approximately 50 cents for every SNAP dollar at the co-conspirator’s establishment. As neither the co-conspirator nor its employees were authorized to accept SNAP benefits as payment, the co-conspirator took the SNAP beneficiaries’ Electronic Benefit Transfer (EBT) cards or card information and used the dollar value of the benefits at several stores in Chinatown that were authorized to accept SNAP benefits. C-Mart was one of those stores. The co-conspirator would go to C-Mart and provide various EBT cards to a C-Mart employee who would swipe the EBT cards belonging to individuals who were not the co-conspirator. The co-conspirator would then receive credit from C-Mart to use those funds to purchase inventory from the store. Additionally, USDA deposited the dollar value of the benefits swiped on each food stamp EBT card into C-Mart’s bank account; therefore, C-mart received the cash value of the SNAP benefits from the USDA. During the course of the conspiracy, C-Mart Supermarket Inc. defrauded the USDA of $110,000 in SNAP funds.
United States Attorney Andrew E. Lelling; Bethanne M. Dinkins, Special Agent in Charge of the U.S. Department of Agriculture, Office of Inspector General, Office of Investigation, Northeast Region; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorneys Suzanne Sullivan Jacobus and Robert Richardson of Lelling’s Major Crimes Unit prosecuted the case.
Business Owner Pleads Guilty to $544,000 Tax Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., business owner pleaded guilty in federal court today to a more than $544,000 tax fraud scheme.
William Patrick Vogt, 39, waived his right to a grand jury and pleaded guilty before U.S. District Judge Howard F. Sachs to a federal information that charges him with one count of false statements on a tax return.
Vogt owns and operates By The Blade, LLC, a lawn and landscape company in Parkville, Mo. By pleading guilty today, Vogt admitted that he underreported his business receipts on individual federal income tax returns for 2013-2015. This fraudulent criminal conduct resulted in a total federal tax loss of $468,587.
According to today’s plea agreement, Vogt deposited business receipts into his personal account in order to conceal his business income. Vogt also cashed By The Blade checks rather than deposit them into his business bank account. Vogt only reported as business income the receipts he chose to deposit into his business bank account. When the IRS audited him, Vogt made false statements to the revenue agent and others.
Vogt also understated his income on his Missouri state income tax returns for 2013 – 2015. The state tax losses for those years total $75,712, for a combined federal and state total tax loss of $544,299. Under the terms of today’s plea agreement, Vogt must pay restitution to the IRS of $468,587 and restitution to the state of Missouri of $75,712.
Under federal statutes, Vogt is subject to a sentence of up to three years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS-Criminal Investigation.
Business Executive Pleads Guilty to Foreign Bribery Charges in Connection with Venezuela Bribery SchemeRead the Press Release
HOUSTON – A dual U.S.-Venezuelan citizen who controlled multiple U.S.-based companies pleaded guilty today for his role in the Petroleos de Venezuela S.A. (PDVSA) foreign bribery scheme. The case involves bribes paid to PDVSA officials - Venezuela’s state-owned and state-controlled energy company - and its Houston-based subsidiary - Citgo Petroleum Corporation (Citgo) - to corruptly secure and retain energy and logistics contracts.
U.S. Attorney Ryan K. Patrick of the Southern District of Texas (SDTX), Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.
Jose Manuel Gonzalez Testino (Gonzalez), 48, of Miami, Florida, pleaded guilty in federal court in Houston to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA and one count of failing to report foreign bank accounts. U.S. District Judge Gray H. Miller accepted his plea today and set sentencing for Aug. 28, 2019.
Gonzalez was arrested July 31, 2018, at Miami International Airport in connection with a criminal complaint filed in the SDTX.
Gonzalez controlled a number of U.S. and international companies that provided goods and services to PDVSA. According to admissions made in connection with his guilty plea, beginning in or around 2012 and continuing through at least 2018, Gonzalez conspired with others to bribe PDVSA officials. Gonzalez admitted that beginning in November 2012 and continuing until at least June 2013, he and a co-conspirator paid at least $629,000 in bribes to Cesar Rincon David Godoy (Rincon), the former general manager of Bariven, PDVSA’s procurement subsidiary. Gonzalez also admitted he and his co-conspirators paid bribes to Alfonso Eliezer Gravina Munoz (Gravina) during the time Gravina was a PDVSA official at PDVSA Services Inc., another Houston-based PDVSA subsidiary. In exchange, Rincon and Gravina provided Gonzalez with inside information concerning PDVSA procurement processes and took steps to direct PDVSA contracts to Gonzalez’s companies and to give Gonzalez’s companies other business advantages. Gonzalez admitted these included priority over other vendors to receive payments.
Gonzalez also admitted to making bribe payments to several PDVSA officials who were based in Houston and employed by Citgo. Though Citgo acted primarily as a refiner, transporter and marketer of petroleum-based products, it also procured goods and services on behalf of PDVSA through its Special Projects group. Gonzalez admitted he and his co-conspirators paid at least four Citgo officials in the Special Projects group and provided gifts and other things of value to a senior Citgo executive. In exchange, Gonzalez admitted the Citgo officials assisted his companies in obtaining contracts for new business, provided inside information concerning the PDVSA bidding process, helped conceal the fact that Gonzalez controlled multiple companies on certain bidding panels for PDVSA projects and assisted Gonzalez in receiving payment priority for outstanding PDVSA invoices. Gonzalez also admitted he had a financial interest or signatory authority over multiple foreign bank accounts and failed to file a foreign bank account report, or “FBAR,” in 2017.
Gonzalez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA. Including Gonzalez, the Justice Department and the SDTX have announced charges against 21 individuals, 16 of whom have entered guilty pleas in connection with the investigation. Charges against the other five defendants remain outstanding. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami. SDTX Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson are prosecuting the case along with Trial Attorneys Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section. SDTX Assistant U.S. Attorney Kristine Rollinson is handling the forfeiture aspects of the case. The U.S. Attorney’s Office for the Southern District of Florida and the Criminal Division’s Office of International Affairs also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Business Executive Pleads Guilty to Foreign Bribery Charges in Connection with Venezuela Bribery SchemeRead the Press Release
A dual U.S.-Venezuelan citizen who controlled multiple U.S.-based companies pleaded guilty today for his role in the Petroleos de Venezuela S.A. (PDVSA) foreign bribery scheme. The case involves bribes paid to PDVSA officials - Venezuela’s state-owned and state-controlled energy company - and its Houston, Texas-based subsidiary Citgo Petroleum Corporation (Citgo), to corruptly secure and retain energy and logistics contracts.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas (SDTX) and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.
Jose Manuel Gonzalez Testino (Gonzalez), 49, of Miami, Florida, pleaded guilty in federal court in Houston to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA and one count of failing to report foreign bank accounts. U.S. District Judge Gray H. Miller of the Southern District of Texas accepted his plea today and set sentencing for August 28.
Gonzalez was arrested on July 31, 2018, at Miami International Airport in connection with a criminal complaint filed in the Southern District of Texas.
Gonzalez controlled a number of U.S. and international companies that provided goods and services to PDVSA. According to admissions made in connection with his guilty plea, beginning in or around 2012 and continuing through at least 2018, Gonzalez conspired with others to bribe PDVSA officials. Gonzalez admitted that beginning in November 2012 and continuing until at least June 2013, he and a co-conspirator paid at least $629,000 in bribes to Cesar Rincon David Godoy (Rincon), the former general manager of Bariven, PDVSA’s procurement subsidiary. Gonzalez also admitted he and his co-conspirators paid bribes to Alfonso Eliezer Gravina Munoz (Gravina) during the time Gravina was a PDVSA official at PDVSA Services Inc., another Houston-based PDVSA subsidiary. In exchange, Rincon and Gravina provided Gonzalez with inside information concerning PDVSA procurement processes and took steps to direct PDVSA contracts to Gonzalez’s companies and to give Gonzalez’s companies other business advantages. Gonzalez admitted these included priority over other vendors to receive payments.
Gonzalez also admitted to making bribe payments to several PDVSA officials who were based in Houston and employed by Citgo. Though Citgo acted primarily as a refiner, transporter and marketer of petroleum-based products, it also procured goods and services on behalf of PDVSA through its Special Projects group. Gonzalez admitted he and his co-conspirators paid at least four Citgo officials in the Special Projects group and provided gifts and other things of value to a senior Citgo executive. In exchange, Gonzalez admitted the Citgo officials assisted his companies in obtaining contracts for new business, provided inside information concerning the PDVSA bidding process, helped conceal the fact that Gonzalez controlled multiple companies on certain bidding panels for PDVSA projects and assisted Gonzalez in receiving payment priority for outstanding PDVSA invoices. Gonzalez also admitted he had a financial interest or signatory authority over multiple foreign bank accounts and failed to file a foreign bank account report, or “FBAR,” in 2017.
Gonzalez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA. Including Gonzalez, the Justice Department and the SDTX have announced charges against 21 individuals, 16 of whom have entered guilty pleas in connection with the investigation. Charges against the other five defendants remain outstanding. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami. Trial Attorneys Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section and SDTX Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson are prosecuting the case. SDTX Assistant U.S. Attorney Kristine Rollinson is handling the forfeiture aspects of the case. The U.S. Attorney’s Office for the Southern District of Florida and the Criminal Division’s Office of International Affairs also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Boise Man Sentenced to 5 Years in Prison for Attempting to Entice Minor on Dating WebsiteRead the Press Release
BOISE - Mark William Sharp, 42, of Boise, was sentenced yesterday in U.S. District Court to 60 months in prison followed by 5 years supervised release for attempted use of interstate facilities to transmit information about a minor, U.S. Attorney Bart M. Davis announced. As a result of his conviction, Sharp will be required to register as a sex offender. Sharp was sentenced by Chief U.S. District Court Judge David C. Nye. Sharp pleaded guilty on March 11, 2019.
According to court records, in November 2018, Sharp posted an advertisement on a dating website seeking sexual contact. In the ad, Sharp wrote that “age and status” did not matter. A detective with the Idaho Internet Crimes Against Children (ICAC) task force, posing as a 14 year-old girl, responded to the ad. During online communications with the detective, Sharp sent messages attempting to entice the person he believed to be a 14 year-old girl to meet him for sex. Sharp also asked the 14 year-old to send him a picture of herself in underwear. Later, the detective agreed to meet Sharp for sex, giving him an address to meet at. Sharp arrived at the location and was arrested.
The case was investigated by the Idaho Internet Crimes Against Children (ICAC) Task Force, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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Blasdell Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Michalewski, 54, of Blasdell, NY, was arrested and charged by criminal complaint with receipt of child pornography and possession of child pornography involving a prepubescent minor. The charges carry mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $250,000.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant. On May 24, 2019, investigators executed a search warrant at Michalewski's residence on South Park Avenue in Blasdell. Several items were seized, including a desktop computer, cell phone, laptop computers, external hard drives, DVD's, thumb drives, internal hard drives, VHS tapes, and literature. An initial examination of some of the electronics recovered suspected images and videos of child pornography. Some of the images depicted prepubescent minors and acts of violence. Michalewski was previously convicted in February 2018 of Possession of a Sexual Performance by a Child in Erie County Court and sentenced to a conditional discharge, which remains pending.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 30, 2019, at 1:00 p.m.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Baton Rouge Man Convicted in Federal Court of Illegally Possessing a FirearmRead the Press Release
United States Attorney Brandon J. Fremin announced today that RAUL BURDEN, a 27-year old resident of Baton Rouge, Louisiana, has been convicted of possession of a firearm by a convicted felon. As a result of his conviction, BURDEN now faces a maximum sentence of ten years in federal prison, significant fines and a period of supervised release.
In a hearing before U.S. District Court Judge Brian Jackson on May 28, 2019, BURDEN pled guilty to possessing a Charter Arms “Off Duty” .38 special caliber revolver. BURDEN had previously been convicted of three felony offenses, including intimidating, impeding or injuring witnesses in 2009 and simple robbery in 2011 in East Baton Rouge Parish.
On December 24, 2018, EMS dispatchers received three 911 calls reporting shots being fired outside of an apartment complex located on Manson Drive in Baton Rouge. East Baton Rouge Parish Sheriff’s deputies responded to the scene. Upon arrival, deputies identified BURDEN from the emergency calls and ordered him to remove his hands from his pockets and place them on his head. BURDEN did not comply. When deputies again ordered BURDEN to remove his hands, he threw the firearm away from himself. The firearm was recovered at the scene.
U.S. Attorney Fremin stated, “I want to commend those law enforcement officers who responded to a 911 call involving shots being fired. This case highlights yet another example of the danger faced by law enforcement and the uncertainty that comes with every dispatch. Their brave and rapid intervention prevented a potentially dangerous outcome and led to the conviction of a violent felon who was illegally possessing a firearm. I want to thank our prosecutors and our federal and local partners for their outstanding work in obtaining this conviction.”
“ATF, along with our local law enforcement partners, will continue to focus our efforts on removing armed violent criminals from our streets,” said ATF New Orleans Field Division Acting Special Agent in Charge Kristen deTineo. “ATF and our partners remain committed to ensuring that our communities are safer and more secure as a direct result of our investigations."
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the East Baton Rouge Parish Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Kristen Craig.
Bank CEO Arrested for Taking Bribes in Connection with Loans Guaranteed by the Small Business AdministrationRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the arrest of EDWARD SHIN, the CEO of a Pennsylvania-based bank (the “Bank”), for taking bribes in connection with the Bank’s issuance of loans that were guaranteed by the United States Small Business Administration (“SBA”). SHIN was arrested pursuant to a criminal complaint charging him with taking bribes by siphoning off a portion of commissions on SBA-guaranteed loans and causing the Bank to issue SBA-guaranteed loans to companies in which SHIN had a secret interest. The charges are the culmination of a joint investigation by the Federal Deposit Insurance Corporation – Office of Inspector General (“FDIC-OIG”), Homeland Security Investigations (“HSI”), the SBA Office of the Inspector General (“SBA-OIG”), the Federal Bureau of Investigation (“FBI”), and the Office of the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”). SHIN is expected for presentment this afternoon in Manhattan federal court before U.S. Magistrate Judge James L. Cott.
U.S. Attorney Geoffrey S. Berman said: “Edward Shin, the CEO of a Pennsylvania bank, allegedly exploited his position as a bank officer to illegally issue Small Business Administration loans to entities in which he had a financial interest. Furthermore, Shin allegedly took kickbacks on commissions for those loans from a third party who did no legitimate work in the loan process. The Small Business Administration exists to provide funding to those pursuing the American dream through owning their own businesses. Edward Shin is now charged with attempting to corrupt that process for his own personal gain.”
According to the allegations in the Criminal Complaint filed in Manhattan federal court today[1]:
The SBA helps Americans start, build, and grow businesses by guaranteeing certain loans made by banks to help those businesses succeed. Between 2009 and 2012, EDWARD SHIN was the CEO of the Bank. During that period, the Bank offered a range of financial products, including SBA-guaranteed loans to small businesses in the New York-New Jersey area, which the Bank could extend only on the condition that all aspects of those loans complied with SBA regulations and SBA’s standard operating procedures. In particular, SBA regulations and procedures prohibited bank officers, including SHIN, from receiving any payments in connection with SBA-backed loans and prohibited banks from extending such loans to any institution in which a bank officer held an interest.
Notwithstanding these regulations, SHIN secretly solicited and received bribe payments in connection with SBA-guaranteed loans issued by the Bank and caused the Bank to extend SBA-guaranteed loans to companies in which SHIN had secret ownership interests. Specifically, when the Bank issued a business loan involving a certain broker (the “Broker”), SHIN secretly arranged to receive a portion of the Broker’s fee. On other occasions, when the Bank issued a business loan that did not involve the use of an actual broker, SHIN arranged to have the Broker inserted unnecessarily into the transaction solely to generate a broker fee that could be shared with SHIN; in fact, the Broker did no actual work to earn a commission on those transactions, but split the “broker’s fee” with SHIN as an illegal kickback.
SHIN also arranged for the Bank to issue SBA-guaranteed loans to businesses in which he secretly retained an ownership interest, in violation of SBA regulations and procedures. For example, in or about December 2010, the Bank issued an SBA-guaranteed loan for approximately $950,000 to a business in New York, New York. Although documents submitted to the Bank for purposes of securing the loan did not mention SHIN’s ownership interest, the business was secretly operated as a 50-50 partnership between SHIN and the Broker. After the loan was issued in or about October 2014, this loan went into default status, ultimately resulting in a loss to the SBA of approximately $611,491.
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SHIN, 56, of Ambler, Pennsylvania, is charged with one count of conspiracy to commit bank bribery, which carries a maximum potential sentence of five years in prison, and one count each of bank bribery, theft of funds by a bank officer, and conspiracy to commit wire fraud, each of which carries a maximum potential sentence of 30 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FDIC-OIG, HSI, FBI, SBA-OIG, and SIGTARP.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Daniel M. Tracer and Tara M. La Morte are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Army Captain Sentenced to Almost 20 Years in Federal Prison after Pleading Guilty to Enticement of Minors to Engage in Unlawful Sexual ActivityRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow today sentenced Kevin J. Gorbsky, age 32, of Bowie, Maryland, to 239 months in federal prison, followed by lifetime supervised release, after Gorbsy pleaded guilty to five counts of enticement of a minor to engage in unlawful sexual activity. Judge Chasanow also ordered that, upon his release from prison, Gorbsky must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The guilty plea and sentence were announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; and Commanding General David P. Glaser of the U.S. Army Criminal Investigation Command.
“Kevin Gorbsky took advantage of the anonymity of the Internet to sexually exploit young girls, many of whom were especially vulnerable,” said U.S. Attorney Robert K. Hur. “We will do all we can to find and prosecute these predators to prevent more children from being abused.”
According to his plea agreement, Gorbsky was a Captain in the United States Army, stationed in Kuwait in September 2015, and in Anne Arundel County, Maryland, beginning in July 2016, where he was assigned to work at a secure facility. Gorbsky created and used e-mail accounts “Justin Smelder” and “John Bbeez,” and a social media account, “johnbeez66.” Beginning in October 2015 and continuing through at least January 8, 2018, Gorbsky used those accounts to engage in online chat with hundreds of other users, many of whom identified themselves as minors between 12 and 17 years old. Gorbsky told many of the individuals he chatted with that he was 19 years old, when in fact, he was between 28 and 31 years old. Gorbsky’s chats with the users were sexually explicit. Gorbsky repeatedly persuaded, enticed, and coerced the other users to send him sexually explicit images and to engage in sexually explicit video chat with him. Gorbsky sent many of the users sexually explicit images and videos of himself. On numerous occasions, Gorbsky accessed his accounts and engaged in sexually explicit chats using the unclassified computer system at his workplace.
Specifically, Gorbsky admitted that from September 22, 2017 through January 3, 2018, Gorbsky engaged in sexually explicit communications with a girl who said she was 12 years old, including during times the girl stated she was in school. Gorbsky repeatedly asked the girl for sexually explicit images. At Gorbsy’s request, he and the girl also engaged in video chat calls during which they engaged in sexually explicit conduct. On October 26, 2017, Gorbsky e-mailed a sexually explicit video of himself to the girl.
Further, as detailed in his plea agreement, between October 5, 2017 and January 3, 2018, Gorbsky also engaged in sexually explicit chat with four other girls who stated in their chats that they were ages 13, 17, 17, and 15, respectively. Gorbsky repeatedly asked the girls to send him sexually explicit images of themselves and to engage in sexually explicit video chat with him. All of the girls sent Gorbsky sexually explicit pictures of themselves and the 15-year-old victim also engaged in a video chat during which she and Gorbsky engaged in sexually explicit conduct. During Gorbsky’s conversations with the 13-year-old girl, the girl commented to Gorbsky on numerous occasions that she was suicidal. Gorbsky admitted that he ignored her statements about self-harm and instead redirected the conversation back to sexually explicit matters. Gorbsky also e-mailed sexually explicit videos of himself to one of the girls who was a 17-year-old special needs student.
According to his plea agreement, Gorbsky induced at least eight other users who identified themselves as minor females to send him sexually explicit images and/or to engage in sexually explicit video chat with him. Five of those users have been identified as then-minor girls living in Pennsylvania, Connecticut, Arkansas, and California. These victims were between 14 and 17 years old at the time of the offenses.
One 15-year-old female’s father discovered her communications with Gorbsky. He sent Gorbsky a message stating, “This [victim's] dad. You are talking and trading sexual pics with a minor. She is 15. Your profile and email are being sent to police and other authorities to take action.” Despite this, Gorbsky admitted that he continued to communicate with the minor female, including asking her to send him sexually explicit images and to engage in sexually explicit video chat with him.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI and Army CID for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Derek E. Hines, who prosecuted the federal case.
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Angola Man Sentenced to 121 Months in PrisonRead the Press Release
FORT WAYNE – Andrew L. Fitch, 32 years old, of Angola, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after pleading guilty to possession with the intent to distribute methamphetamine, announced U.S. Attorney Kirsch.
Fitch was sentenced to 121 months in prison followed by 5 years of supervised release.
According to documents in this case, on August 20, 2016, Angola Police Department officer attempted to perform a traffic stop on a motorcycle Fitch was operating on I-69 that was exceeding the posted speed limit. Instead of pulling over, Fitch accelerated rapidly away from the officer and a chase ensued with Fitch operating the motorcycle at speeds well over 100 miles per hour. During flight, Fitch lost control of the motorcycle and was apprehended. Fitch who had an active arrest warrant, was taken into custody and $1,655.29 was recovered from his person. A search of the motorcycle revealed scales, a glass pipe, pills, and baggies that were later analyzed and found to contain 66 grams of actual methamphetamine.
This case was investigated by the Drug Enforcement Administration with the assistance of the Angola Police Department and the Steuben County Sheriff’s Department. This case was prosecuted by Assistant U.S. Attorney Anthony W. Geller.
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Amado Man Sentenced to 6 Years for Planting Explosive Device That Activated, Causing InjuriesRead the Press Release
TUCSON, Ariz. – On May 22, 2019, Constantino Varela, 64, of Amado, Arizona was sentenced by U.S. District Judge James Soto to 72 months’ imprisonment. Varela pleaded guilty on August 1, 2018 to two counts of Unlawful Possession of an Unregistered Destructive Device, and one count of Possession of Firearms by a Convicted Felon.
Varela, suspecting vandals were breaking into a building on the property where he lived, built and planted an explosive device in the structure. The explosive device, containing metal balls and nails as added fragmentation, was connected to a pressure-activated switch mounted on the floor close to the building’s entrance. On September 17, 2017, an associate of Varela entered the building and stepped on the pressure-activated switch. The device exploded and sprayed the victim with shrapnel. A further search of the property uncovered three additional explosive devices.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Border Patrol, and the Santa Cruz County Sheriff’s Office. The prosecution was handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.
28 May 2019
‘Cowboy Gun Bandits’ Who Used Large-Caliber Handgun During Robbery Spree Each Sentenced to Decades in Federal PrisonRead the Press Release
LOS ANGELES –Two men dubbed the “Cowboy Gun Bandits” by the FBI for using a large-caliber revolver during a series of robberies that targeted gas station convenience stores and a bank have been to serve federal prison sentences of at least 35 years.
Dominic Dorsey, 51, of Hollywood, was sentenced late Friday by United States District Judge Christina A. Snyder to 40 years in federal prison.
Reginald Bailey, 74, of the Jefferson Park neighborhood of Los Angeles, was ordered Friday afternoon to serve a 35-year sentence.
In addition to the prison sentences, Judge Snyder ordered both men to pay restitution totaling $58,700.
Following a two-week trial in July 2016, a federal jury found Dorsey and Bailey guilty of 11 felony counts – conspiracy to interfere with commerce in violation of the Hobbs Act, five specific Hobbs Act robberies and five counts of using a firearm during the robberies.
The jury specifically found that Dorsey and Bailey committed five robberies:
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a September 24, 2013, robbery at a Shell gas station in Woodland Hills;
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an October 6, 2013, robbery at an ARCO gas station in Newhall;
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an October 18, 2013, robbery at a Chevron gas station in Woodland Hills;
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an October 25, 2013, robbery at an ARCO gas station in Encino; and
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a November 5, 2013, robbery of a Citibank branch in Glendale that netted more than $55,000.
In addition to these robberies, the jury heard evidence in relation to the conspiracy count that Dorsey and Bailey also committed robberies at three other gas stations in October 2013.
Documents filed by prosecutors in relation to the sentencings described “the violent, terroristic nature” of Dorsey and Bailey’s criminal conduct, and how they “repeatedly brandished and used a firearm to control and instill fear in innocent civilians in order to steal from them and their businesses.”
Many of the robberies were captured by video surveillance, which allowed investigators to determine that one of the robbers was missing part of his ring finger on his left hand. The video evidence helped lead authorities to Bailey, whose left hand is missing a portion of his ring finger.
The investigation into the string of robberies by the “Cowboy Gun Bandits” was conducted by the Los Angeles Metropolitan Task Force on Violent Crime, which is made up of investigators with the Federal Bureau of Investigation, the Los Angeles Police Department and the Los Angeles Sheriff’s Department. The Glendale Police Department provided substantial assistance during the investigation.
This case was prosecuted by Assistant United States Attorneys Joseph D. Axelrad and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section.
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Waco Man Sentenced to Life in Federal Prison for Methamphetamine DistributionRead the Press Release
In Waco today, a federal judge sentenced 38-year-old methamphetamine distribution ringleader Daniel Louis Lopez to life in federal prison, announced United States Attorney John F. Bash; Drug Enforcement Administration Special Agent in Charge Will Glaspy, Houston Division; FBI Special Agent in Charge Christopher Combs; Waco Police Chief Ryan Holt; Killeen Police Chief Charles Kimble; McLennan County Sheriff Parnell McNamara; and, Texas Department of Public Safety Director Steven McCraw.
In addition to the prison term, U.S. District Judge Alan Albright ordered that Lopez pay a $1,000 fine.
Lopez was among 20 defendants charged by federal grand jury indictment in August 2018 with conspiracy to possess with intent to distribute methamphetamine. Authorities allege that since May 2017, these defendants were responsible for the distribution of large amounts of methamphetamine throughout the Waco and Central Texas areas. On January 19, 2019, Lopez pleaded guilty to the charge. To date, 19 have pleaded guilty to the conspiracy charge; seven defendants are still awaiting sentencing; the rest have been sentenced to federal prison terms ranging from seven years to life imprisonment.
The DEA, FBI, U.S. Marshals Service, Texas Department of Public Safety, Waco Police Department, Killeen Police Department and the McLennan County Sheriff’s Office investigated these cases. Assistant U.S. Attorneys Mark Frazier and Christopher Blanton are prosecuting this case on behalf of the Government.
The principal mission of the Organized Crime Drug Enforcement Task Force (OCDETF) program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
Woman from Navajo Nation Sentenced to 30 Months in Prison for Involuntary Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE – Jennifer Nelson, 30, of Vanderwagen, N.M., was sentenced in federal court today to 30 months in prison for involuntary manslaughter in Indian Country.
Nelson previously pleaded guilty to this offense on February 8, 2019. According to Nelson’s plea agreement, on October 16, 2016, she drove an automobile while drunk within the boundaries of the Navajo Nation. Wilson attempted to pass another car while speeding, but struck the other car and caused it to flip over. The driver of the other car was ejected from his own vehicle and crushed to death. Nelson is an enrolled member of the Navajo Nation.
The FBI investigated the case with assistance from the Navajo Police Department, McKinley County Sheriff’s Department, and New Mexico State Police. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Umatilla Man Sentenced for Strangling Victim Near ChildrenRead the Press Release
PORTLAND, Ore.—Joel Malcom Salt, 29, of Umatilla, Oregon, was sentenced today to time served, having already served 22 months in custody, plus three years’ supervised release for strangling his significant other in the presence of their four children.
According to court documents, on April 12, 2017, Salt, a Navajo Indian, violated a tribal protective order by going to the crime victim’s house. The victim is an enrolled member of the Confederated Tribes of the Umatilla Indian Reservation, who lives on the reservation with their four children. When Salt arrived at the house, he grabbed the victim by her hair, threw her to the ground in front of their children, and dragged her to the bedroom. Once in the bedroom, Salt pinned the victim to the floor, punched her and strangled her, causing her to lose consciousness several times.
To divert his attention, victim told Salt their children probably left the house to tell her father, who lived next door, that Salt was beating her. Hearing this, Salt released his victim and left the room to check. While he was out of the room, the victim escaped out of the window and ran to her father’s house. Her father retrieved the four children and called the police. Salt fled before the police arrived, but was later arrested.
On June 13, 2017, a federal grand jury in Portland returned a one-count indictment charging Salt with assault by strangulation. He pleaded guilty to the charge on November 27, 2018.
During sentencing, U.S. District Court Judge Anna J. Brown ordered Salt to attend an intensive batterer’s intervention program and to undergo substance abuse and mental health treatment. Among other conditions of supervision, Salt is prohibited from entering the Umatilla Indian Reservation or contacting the victim and their children without advance approval of his probation officer and notice to the United States Attorney’s Office.
This case was investigated by the Umatilla Tribal Police Department and FBI Portland’s Safe Trails Task Force. It was prosecuted by Jennifer Martin, Assistant U.S. Attorney for the District of Oregon.
The Safe Trails Task Force (STTF) unites FBI and federal, state, local, and tribal law enforcement agencies in a collaborative effort to combat the growth of crime in Indian Country. STTF allows participating agencies to combine limited resources and increase investigative coordination in Indian Country to target violent crime, drugs, gangs and gaming violations.
U.S. Attorney, City Attorney, Federal & Local Law Enforcement to Announce Initiative Focused on Domestic Abusers with GunsRead the Press Release
COLUMBUS, Ohio – Today federal and local law enforcement officials will announce new cases being charged in federal court as part of an initiative to prevent individuals with a history of domestic violence from possessing firearms.
The briefing will be held:
TODAY: TUESDAY, MAY 28, 2019
WHEN: 1:30 P.M.
WHERE: U.S. Attorney’s Office
Main Conference Room
303 Marconi Blvd. Suite 200
Columbus, Ohio 43215
WHO: U.S. Attorney Benjamin C. Glassman
Columbus City Attorney Zach Klein
Roland Herndon, Assistant Special Agent in Charge, ATF
Deputy Chief Timothy Becker, Columbus Division of Police
Room available beginning at 1:15 P.M. No TV lighting or multbox will be available. ID will be required for entrance at Security.
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Top U.S. Environmental Enforcement Officials Meet with Officials in ChinaRead the Press Release
Senior leaders from the Department of Justice’s Environment and Natural Resources Division (ENRD) traveled to China last week to meet with Chinese prosecutors, judges, academics and other officials to promote cooperation on enforcement of environmental laws and the importance of the rule of law.
On May 20, 2019, Assistant Attorney General Jeffrey Bossert Clark and Principal Deputy Assistant Attorney General Jonathan D. Brightbill met with personnel at the U.S. Embassy in Beijing, including the Deputy Chief of Mission Robert Forden and the Legal Advisor of the Department of Justice to the U.S. Embassy, Richard Daynes. The visit to the Embassy included an evening presentation to the general public at the Beijing American Center about ENRD’s robust enforcement of the United States’ environmental and wildlife protection laws. The presentation was followed by a question and answer session with an audience of over 100, including area law students and interested parties. A focus of discussion was recent changes to China’s environmental enforcement laws and public interest litigation practices.
Later that week, Assistant Attorney General Clark and Principal Deputy Assistant Attorney General Brightbill addressed Chinese prosecutors, judges, academics, and other Chinese officials at the National Prosecutors College of China. They discussed the relationship of constitutional law, federalism, and the separation of powers to the practice of environmental law and enforcement in the United States, highlighting the importance of the rule of law. Mr. Clark and Mr. Brightbill also participated in a two-day conference on U.S.-China Watershed Management and Public Interest Litigation, co-sponsored by the U.S.-Asia Partnerships for Environmental Law at Vermont Law School. The Assistant Attorney General’s presentations and remarks emphasized the Trump Administration’s role in reinvigorating the ideals of individual liberty, respect for private property rights, valuing the role of state and local governments, advancing the ability of people to be self-reliant and economically productive, and the appropriate use of the United States’ abundant natural resources.
While in China, Assistant Attorney General Clark, Principal Deputy Assistant Attorney General Brightbill, and Department of Justice Legal Advisor Daynes also met with environmental enforcement officials from the Chinese Supreme People’s Procuratorate and judges of China’s Supreme People’s Court. The Assistant Attorney General and Principal Deputy Assistant Attorney General also lectured at the Law School of the China University of Political Science and Law.
Three Kenyans Indicted for Marriage FraudRead the Press Release
KANSAS CITY, Mo. – A Lee’s Summit, Mo., woman is among three Kenyans indicted by a federal grand jury for their roles in a marriage fraud conspiracy.
Nellie Mbote, 35, of Lee’s Summit; Rogers Onyango Guche, 39, of Cypress Texas; and Fidelina Mwelu Mutisya, 59, of Winchester, Ohio, were charged in a four–count indictment returned by a federal grand jury in Kansas City, Mo., on Tuesday, May 21. Mbote, who was admitted to the United States on a student (F-1) visa, is a naturalized U.S. citizen. Guche, who was admitted to the United States on a student (F-1) visa, and Mutisya, who was admitted to the United States on a visitor (B-2) visa, are lawful residents.
Mbote was arrested this morning and will have an initial court appearance today.
The federal indictment alleges that Mbote, Guche, and Mutisya entered into fraudulent marriages arranged by Delmar Dixon of Kansas City, Mo., who was charged in a separate but related case. Mbote was married in 2009; Guche and Mutisya married their spouses in 2007. The marriages were designed to circumvent federal immigration laws, the indictment says, in order to obtain permanent residency and/or United States citizenship. The three defendants allegedly paid Dixon to arrange their marriages. They allegedly paid their U.S. citizen spouses $1,000 at the time of the wedding and $100 each month until the immigration process was complete.
Dixon and others allegedly coached Mbote, Guche, Mutisya and their spouses on how to make their marriages appear legitimate, advising the couples to get to know each other and make it appear as if they were residing together. Dixon was sentenced on July 13, 2017, to three years in federal prison after admitting he arranged 30-40 fraudulent marriages, including his own.
Mbote, Guche, and Mutisya are each charged with one count of conspiracy. Mbote is also charged with one count of making false statements, one count of making a false oath in a matter relating to naturalization, and one count of unlawfully procuring citizenship. The indictment also contains a revocation of citizenship. Upon conviction for unlawfully procuring her naturalization, Mbote’s naturalization shall be revoked and her certificate of naturalization cancelled.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Special Assistant U.S. Attorney Kimberlee L. Moore. It was investigated by Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and U.S. Citizenship and Immigration Services.
Tennessee Man Sentenced to 20 Years in Prison for String of Robberies of Twin Cities Auto Parts StoresRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of TONY LENDELL REED, 33, of Memphis, Tennessee, to 240 months in prison for robbery. On February 1, 2019, a federal jury convicted REED of six counts of interference with commerce by robbery, known as the Hobbs Act. The Hobbs Act prohibits actual or attempted robbery affecting interstate or foreign commerce “in any way or degree.” REED was sentenced today before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
United States Attorney Erica MacDonald stated, “Today’s sentence is an appropriate and just response to Mr. Reed’s callous criminal acts. This sentence is also a testament to the commitment my office, and our local law enforcement partners, have to keeping the public safe from those who bring fear and violence to our community.”
Co-defendants ORLANDO LORENZO HARRIS, 35, DERF REGLAN RAHINE REED, 46, and TYRELL DANDRE CAMPBELL, 24, each entered guilty pleas in connection with the Hobbs Act robberies. HARRIS was sentenced on April 8, 2019, to 38 months in prison. DERF REED was sentenced on May 17, 2019, to 43 months in prison. CAMPBELL will be sentenced at a later date.
As proven at trial and in documents filed in court, between June 12 and November 29, 2017, on six separate occasions, REED and his co-defendants robbed auto parts stores located throughout the Twin Cities metro area. During each of the robberies, the defendants displayed what appeared to the victims to be a gun, threatened the victims, and demanded money. REED and his co-defendants also restrained the employees of the stores they robbed, using zip ties to bind the victims’ wrists and ankles.
This case was the result of an investigation conducted by the Minneapolis Division, Chicago Division, and Memphis Division of the FBI, the Minneapolis Police Department, the Crystal Police Department, the Columbia Heights Police Department, the White Bear Lake Police Department, the Anoka County Sheriff’s Office, and the Holly Springs, Mississippi Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Assistant United States Attorneys LeeAnn K. Bell and Ruth S. Shnider prosecuted the case.
Defendant Information:
TONY LENDELL REED, 33
Memphis, Tennessee
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 6 counts
Sentenced:
- 240 months in prison
- Three years of supervised release
ORLANDO LORENZO HARRIS, 35
Minneapolis, Minnesota
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 2 counts
Sentenced:
- 38 months in prison
- Three years of supervised release
DERF REGLAN RAHINE REED, 46
Chicago, Illinois
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 1 count
Sentenced:
- 43 months in prison
- Two years of supervised release
TYRELL DANDRE CAMPBELL, 24
Minneapolis, Minnesota
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Statement by U.S. Attorney Jason Dunn Regarding the Death of Senior U.S. District Court Judge Richard P. MatschRead the Press Release
DENVER – U.S. Attorney Jason Dunn issued the following statement about the death of Senior U.S. District Court Judge Richard P. Matsch:
“This is a sad day as we’ve lost another accomplished federal judge in Colorado. First the passing of Senior U.S. District Court Judge Wiley Y. Daniel, and now the passing of Senior U.S. District Court Judge Richard P. Matsch. Judge Matsch was an accomplished jurist who was not afraid to take on difficult cases and complex legal issues. While he may have achieved notoriety for ably presiding over high profile cases, it is his decades of tireless work serving the people of the United States and the cause of justice that will be his most enduring legacy. He will be missed.”
Stamford Woman Sentenced to Prison for Million-Dollar Embezzlement SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CANDACE RISPOLI, 32, of Stamford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 12 months and one day of imprisonment, followed by three years of supervised release, for embezzling more than $1 million from her employer. Rispoli must also serve the first six months of her supervised release in home confinement.
According to court documents and statements made in court, from approximately January 2012 until June 2016, Rispoli was employed by Lodestone Management Consultants, later known as Infosys Consulting (the “company”). Beginning in approximately 2013, Rispoli worked for the company from her former home in East Haven, which she shared with her then-boyfriend, Michael Miano. In her capacity as a company employee, Rispoli had an American Express credit card to use to pay for travel, entertainment and other business expenses incurred by the company’s employees and potential employees.
From approximately 2013 until July 2016, Rispoli charged more than $250,000 of her own and Miano’s personal expenses to the company’s American Express card. Rispoli also fraudulently transferred more than $800,000 in funds from the company’s American Express card to PayPal and Venmo accounts controlled by Rispoli and Miano. To conceal her scheme, Rispoli altered the company’s American Express account statements and created false billing summaries, which she emailed to the company’s accounting firm.
Judge Bolden ordered Rispoli to pay $1,098,176 in restitution.
On June 24, 2018, Rispoli pleaded guilty to one count of wire fraud. She has been detained since May 13, 2019, after her bond was revoked.
On September 1, 2017, Miano, of Branford, pleaded guilty to one count of conspiracy to commit wire fraud related to this scheme. He awaits sentencing.
This investigation has been conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Heather Cherry and Jonathan Francis.
San Antonio Man Sentenced to 70 Months in Federal Prison on Child Pornography ChargesRead the Press Release
In San Antonio today, 40-year-old former Homeland Security Investigations agent Richard Nikolai Gratkowski was sentenced to 70 months in federal prison on child pornography charges, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Gratkowski pay $35,000 restitution to seven victims, pay a $10,000 assessment under the Justice for Victims of Trafficking Act and be placed under supervised release for a period of ten years after completing his prison term.
On January 4, 2018, federal authorities arrested Gratkowski. The investigation showed that Gratkowski, after purchasing access to multiple child pornography websites using cryptocurrency, had received hundreds of videos of pre-pubescent children engaged in a variety of sexual acts. On December 19, 2018, Gratkowski pleaded guilty to the charges of receiving child pornography and accessing with intent to view child pornography.
The FBI San Antonio’s Child Exploitation Human Trafficking Task Force investigated this case along with special agents with the Department of Homeland Security—Office of Inspector General. Assistant U.S. Attorney Tracy Thompson prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Sacramento Man Sentenced to 3 Years in Prison for Selling Fertilizer as a Fat-Burning PillRead the Press Release
SACRAMENTO, Calif. — Scott Edward Cavell, 36, of Sacramento, was sentenced today by U.S. District Judge John A. Mendez to three years in prison for causing misbranded drugs to be introduced into interstate commerce, U.S. Attorney McGregor W. Scott announced.
U.S. Attorney Scott stated: “Cavell thought he could trick regulators. He was wrong. It’s past time for him to learn that we will ensure that these types of schemes are stopped to keep the community safe.”
“Drugs that are produced and distributed outside of the FDA’s oversight present the prospect of harm to consumer health,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “The FDA will continue to work to prevent the illegal online sales of dangerous, unapproved drugs and we’re committed to protecting consumers from criminals who put profits above the health and safety of the U.S. public.”
“Homeland Security Investigations (HSI) will continue to identify, investigate and bring to justice individuals, like Cavell, who traffic unsafe products into the hands of American consumers that could cause serious and irreversible harm,” said Ryan L. Spradlin, Special Agent in Charge, Homeland Security Investigations (San Francisco and Northern California). “Individuals who choose to circumvent drug regulations should continue looking over their shoulders. HSI and our law enforcement partners are committed to uncovering even the most secret of schemes.”
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors have worked closely with the U.S. Attorney’s Office and our partners in law enforcement in operations just like this one to keep dangerous drugs out of the communities we serve.”
According to court documents, between 2015 and 2017, Cavell, with others, developed a scheme to market and sell a drug, 2,4-Dinitrophenol (also known as DNP), as a weight loss drug and “fat burner” despite knowing that DNP is not approved by the FDA as a substance for human consumption. Cavell sold DNP in pill form and called it a fertilizer — a term under which is it legally sold in other circumstances.
Cavell admitted that he controlled websites that marketed the drug as a supplement while at the same time discouraging its use. He proceeded to sell DNP pills on another website, thefertizerwarehouse.com, for the purpose of misleading U.S. Food and Drug Administration regulators.
DNP has been commercially used to manufacture dyes and wood preservatives, as a fertilizer, and as a pesticide. The U.S. Food and Drug Administration has declared that DNP is too toxic to be used for human consumption under any circumstances.
According to court documents, Cavell collected at least $763,000 for compounding cheap fertilizer into pills for human consumption.
This case was the product of an investigation by the U.S. Food and Drug Administration Office of Criminal Investigations, Drug Enforcement Administration, Homeland Security Investigations, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Paul Hemesath prosecuted the case.
Rochester Man Indicted for Being A Felon in PossessionRead 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 a federal grand jury has returned a one count indictment charging Tyrone E. Jiggetts, 47, of Rochester, NY, with being felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that according to the indictment, on May 6, 2019, the defendant possessed a 12 gauge double-barrel shotgun in the area of 799 West Main Street in Rochester. Jiggetts was previously convicted in Monroe County Court of Robbery in 1991 and Attempted Grand Larceny in 2004. As a result, he is legally prohibited from possessing a firearm.
Jiggetts was arraigned today before U.S. Magistrate Judge Jonathan W. Feldman and was detained.
The indictment is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron D. Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. 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 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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Richmond Resident Sentenced to 30 Months for Filing More Than 200 Fraudulent Income Tax ReturnsRead the Press Release
OAKLAND – Jeremy Orr was sentenced to 30 months in prison for wire fraud after filing more than 200 fraudulent income tax returns with the Internal Revenue Service, announced United States Attorney David L. Anderson and Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Kareem Carter. The sentence was handed down today by the Honorable Jeffrey S. White, U.S. District Judge.
Orr, 36, of Richmond, Calif., pleaded guilty to the charge on March 12, 2019. According to his plea agreement, Orr admitted he devised a scheme to defraud the IRS of hundreds of thousands of dollars by filing false federal income tax returns. Orr obtained the personal identification information of individuals in and around the Bay Area and prepared false 2011 federal income tax returns in the names of those individuals. The tax returns reported false wages, false education expenses, or both, that generated a fraudulent income tax refund. In sum, Orr electronically filed more than 200 false tax returns with the IRS resulting in claimed fraudulent tax refunds totaling $335,142.
A federal grand jury indicted Orr on January 15, 2015, charging him with four counts of wire fraud, in violation of 18 U.S.C. § 1343, and four counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. Orr pleaded guilty to one count of wire fraud and the remaining charges were dismissed.
In addition to the prison term, Judge White ordered the defendant to serve a three year period of supervised release. The defendant was remanded into custody on June 12, 2018, and will begin serving his prison term immediately.
Assistant U.S. Attorney Jose A. Olivera is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Katie Turner. The prosecution is the result of an investigation by the IRS-CI.
Punxsutawney Man Sentenced for Purchasing Firearms for a Prohibited BuyerRead the Press Release
PITTSBURGH, Pa. – A former resident of Jefferson County, Pennsylvania, has been sentenced in federal court to a term of imprisonment of 1 year and 1 day, to be followed by 2 years of supervised release on his conviction on a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Joy Flowers Conti imposed the sentence on Edward Fontenot, 33, formerly of Punxsutawney, PA.
According to information presented to the court, in July 2016, Fontenot straw purchased four firearms from the Mahoning Valley Milling Company, a federally licensed firearms dealer for Peter DiGiacomo. The defendant completed ATF form 4473 and claimed to be the actual buyer of the firearm although he was purchasing the firearms for DiGiacomo. The firearms included: a 5.56 caliber semiautomatic Zastava rifle; a 7.62 caliber semiautomatic CAI rifle; a 7.62 caliber semiautomatic Century Arms rifle; and a 5.56 caliber semiautomatic Bushmaster rifle. DiGiacomo, a convicted felon who under federal law can neither purchase nor possess a weapon, was previously sentenced to 5 years in prison.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pittsburgh Felon Illegally Possessed a PistolRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania pleaded guilty in federal court to a charge of possession of a firearm by a convicted felon, United States Attorney Scott W. Brady announced today.
Eurie Nunley, 35, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that Nunley illegally possessed a Glock 9mm pistol. Nunley was found in possession of the Glock 9mm pistol just seven months after his release from a 14-year state prison sentence for the unlawful possession of a firearm and the use of a firearm in a drug crime. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
Judge Hornak scheduled sentencing for October 2, 2019 at 2 p.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Colin J. Callahan is prosecuting this case on behalf of the government.
The Pittsburgh Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Eurie Nunley.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Phone Provider Found Guilty for Role in $7 Million International Telemarketing SchemeRead the Press Release
An Ohio man was found guilty today for his role in an $7 million telemarketing scheme that defrauded primarily elderly victims in the United States from call centers in Costa Rica.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney R. Andrew Murray of the Western District of North Carolina, Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s Charlotte Division, Acting Special Agent in Charge William Cheung of the IRS Criminal Investigation’s (CI) Cincinnati Field Office, Special Agent in Charge Matthew D. Line of the IRS CI Charlotte Field Office and Special Agent in Charge John Strong of the FBI’s Charlotte Field Office made the announcement.
Following a five-day jury trial, Donald Dodt, 76, originally of Cleveland, Ohio, was convicted of one count of conspiracy to commit wire fraud and mail fraud, two counts of mail fraud, eight counts of wire fraud, one count of conspiracy to commit international money laundering and 10 counts of international money laundering.
According to evidence presented at trial, Dodt worked in a call center in Costa Rica in which co-conspirators, who posed as representatives of the District of Columbia Department of Consumer and Regulatory Affairs and federal agencies, including the U.S. Federal Trade Commission, and who also posed as federal judges, contacted victims in the United States — primarily senior citizens – to tell them that that they had supposedly won a substantial “sweepstakes” prize. After convincing victims that they stood to receive a significant financial reward, the co-conspirators told victims that they needed to make a series of up-front cash payments before collecting, purportedly for items like insurance fees, taxes and import fees. Co-conspirators used a variety of means to conceal their true identity, such as Voice over Internet Protocol (VoIP) services provided by Dodt that made it appear that they were calling from Washington, D.C., and other places in the United States.
As the evidence presented at trial illustrated, Dodt was an integral part of this scheme in that he knowingly provided services that were necessary for the scheme to operate and that facilitated the concealment and, ultimately, success of the scheme for many years. Specifically, Dodt provided and maintained VoIP phone technology and assigned phone numbers associated with locations in the United States through which members of the conspiracy were able to make the fraudulent calls to victims in the United States and conceal their identities and location. Dodt specifically assigned virtual phone numbers with area codes associated with Washington, D.C., to make it appear that the calls originated from within the United States and that also bolstered conspirators’ misrepresentations that they were representatives of government agencies located in Washington. Dodt also warned the co-conspirators if certain numbers were “hot” – i.e., there were customer complaints or law enforcement inquiries – and replaced those phone numbers with new phone numbers that the co-conspirators then used in furtherance of the scheme, the evidence showed.
Dodt and his conspirators stole more than $7 million from victims, the evidence showed.
This case was investigated by the U.S. Postal Inspection Service, Internal Revenue Service Criminal Investigation and the FBI with assistance from the Federal Trade Commission and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The case is being prosecuted by Fraud Section Trial Attorneys William Bowne, Jennifer Farer and Philip Trout. The U.S. Attorney’s Office for the Western District of North Carolina provided substantial assistance with this matter.
Pennsylvania Man Pleads Guilty to Transporting Stolen Electronics Across State LinesRead the Press Release
BOSTON – A Pennsylvania man pleaded guilty today in federal court in Worcester in connection with transporting stolen electronics across state lines. The defendant broke into Target stores in Easton and Westborough, Mass., and in Pennsylvania and Connecticut.
Elijah Aiken, 36, of Allentown, Penn., pleaded guilty to one count of conspiring to transport stolen goods in interstate commerce and two counts of interstate transportation of stolen goods. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 26, 2019.
From December 2014 until February 2015, Aiken conspired with others to break into numerous Target retail stores during early morning hours, usually by using portable blow torches to cut through the metal loading-dock doors at the rear of the stores. Once inside, Aiken and his co-conspirators stole electronic devices valued at hundreds of thousands of dollars, including cellular phones and computer tablets. Aiken and his co-conspirator successfully burglarized Target stores in Easton and Westborough, Mass., as well as in Pennsylvania and Connecticut. Aiken transported the stolen electronics across state lines in order to sell them to buyers in New York.
The charge of interstate transportation of stolen goods, provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution in an amount determined by the court. The charge of conspiracy to transport stolen goods in interstate commerce provides for a sentence of no greater than five years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution as determined by the court. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
Peabody Woman Sentenced for Multi-Million Dollar Lottery Ticket ScamRead the Press Release
BOSTON - A Peabody woman was sentenced today in federal court in Boston in connection with a “ten-percenting” scheme, in which she purchased millions of dollars’ worth of winning Massachusetts state lottery tickets at a discount in order to help the ticket holders avoid taxes on the winnings.
Bhavna Patel, 44, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to one year of probation and ordered to pay a fine of $1,000. In September 2018, Patel agreed to plead guilty to one count of conspiracy.
Two co-conspirators previously pleaded guilty. George Kinslieh, 68, was charged with one count of filing false tax returns and is scheduled to be sentenced on June 26, 2019. Clarance Jones, 80, pleaded guilty to conspiracy to commit tax fraud and filing false tax returns and is scheduled to be sentenced on Aug. 13, 2019.
From at least 2013 through 2017, Patel and Kinslieh, who were convenience store owners, and others, purchased winning lottery tickets from the ticket holders for cash, at a discount to the value of the tickets, thereby allowing the ticket holders to avoid reporting the winnings on their tax returns – a scheme known as “ten-percenting.” Patel and Kinslieh gave the winning tickets to Jones, who presented them to the Massachusetts State Lottery Commission as his own, and collected the full winnings. Patel did not report to the Internal Revenue Service or pay taxes on the income that she received from the ticket scheme.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. The Massachusetts State Lottery Commission provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Owner of California Company Sentenced for Conspiring to Bribe an Alabama LegislatorRead the Press Release
Montgomery, Alabama – On Tuesday, May 28, 2019, G. Ford Gilbert, 71, of Carmichael, California received a 12-month sentence for conspiring to commit bribery of a state official, announced United States Attorney Louis V. Franklin, Sr. The judge ordered that the 12-month sentence be served by completing six months of incarceration in federal prison, to be followed by six months of home detention.
Gilbert’s sentencing follows his guilty plea that occurred back in January of this year. Court documents show that Gilbert was the owner of a California-based company that provided a form of diabetes treatment that would not be covered by the state’s largest health care insurer, Blue Cross and Blue Shield of Alabama (BCBS-AL). After his attempts to persuade BCBS-AL to cover the treatments were unsuccessful, he developed another plan.
During the 2016 Alabama Legislature session, he conspired with the majority leader of the Alabama House of Representatives at the time, Mickey Ray Hammon, to pass a bill that would have required BCBS-AL to cover the treatments offered by his clinics. Court documents indicate that Hammon used his influence in the House of Representatives to generate support for Gilbert’s bill and was paid $2000.00 by Gilbert to do so. However, the bill failed when it did not advance out of committee.
This case was investigated by the United States Postal Inspection Service with assistance from the Federal Bureau of Investigation. Assistant United States Attorneys Jonathan S. Ross, Joshua Wendell, and Stephanie C. Billingslea prosecuted the case.
New Orleans Man Indicted for Violating the Federal Gun Control Act and the Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – DARRYL DOUSE a.k.a. “TURKEY”, age 29, a resident of New Orleans, was charged Friday, May 24, 2019 in a two-count indictment by a Federal Grand Jury with being a felon in possession of a firearm and with distributing cocaine base, announced U.S. Attorney Peter G. Strasser.
According to the indictment, DOUSE possessed a 9mm pistol in the spring of 2019 and distributed crack in the spring of 2018. If convicted, DOUSE faces up to 10 years imprisonment, a fine of up to $250,000 and up to three years of supervised release following any term of imprisonment on the gun charge. DOUSE faces up to 20 years imprisonment, a fine of up to $1,000,000 and at least three years of supervised release following any term of imprisonment on the drug charge.
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.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
U.S. Attorney Strasser reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by the New Orleans Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration. The prosecution is being handled by Assistant United States Attorney David Haller.
New Haven Drug Dealer Sentenced to 78 Months in PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DEVELL CONLEY, also known as “DL,” 32, of New Haven, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 78 months of imprisonment, followed by three years of supervised release, for distributing narcotics.
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, on May 5, 2017, the East Haven Police Department responded to a report of an untimely death of a 27-year-old female at a residence in East Haven. At the scene, officers seized drug and non-drug evidence, including three small bags that contained a substance that tested positive for the presence of fentanyl. Investigators also seized the victim’s cellphone.
The investigation revealed that Conley had provided drugs to the victim shortly before her death. He also had distributed heroin and crack cocaine to several drug users between July 2016 and May 2017.
Conley has been detained since his arrest on May 18, 2017. On October 17, 2018, he pleaded guilty to one count of possession with intent to distribute, and distribution of heroin and fentanyl, and one count of possession with intent to distribute, and distribution of heroin and cocaine base (“crack”).
Conley’s criminal history includes 14 prior convictions, including convictions for drug distribution, assault, threatening, criminal possession of a firearm, and resisting arrest.
This matter was investigated by the Drug Enforcement Administration’s New Haven Task Force and the East Haven and New Haven Police Departments. The case was prosecuted by Assistant U.S. Attorney Patrick F. Caruso.
Naturalized United States citizen pleads guilty to smuggling aliensRead the Press Release
GAINESVILLE, Ga. – Hector Escobedo-Reyna, a naturalized United States citizen, has pleaded guilty in federal court to the offense of transporting illegal aliens for financial gain.
“Human smugglers carry out their illegal activities seeking financial gain with little regard for human life and no respect for our laws,” said U.S. Attorney Byung J. “BJay” Pak. “Additionally, they endanger not only the people they smuggle, but innocent motorists, when an over-loaded vehicle like the one he was driving either has an accident or causes one.”
“Identifying and stopping criminal networks that engage in cross-border human smuggling as well as individuals who seek to illegally enter the U.S. is a priority focus for Homeland Security Investigations,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “These criminal organizations have no regard for the well-being of the people they attempt to smuggle, who are often put at great risk during an attempt to illegally enter the U.S., and HSI will continue to work collaboratively with our federal, state and local partners to investigate and prosecute such activity.”
“As an assisting agency, the Georgia State Patrol takes pride in being a part of any investigation in which criminals are removed from our roadways. It is a reminder that what some may call a ‘routine’ traffic stop, often leads to more than a traffic citation,” said SFC Stephanie Stallings, Director of Public Information for the Georgia State Patrol.
According to U.S. Attorney Pak, the charge, and other information presented in court: on December 28, 2018, a Trooper from the Georgia State Patrol (GSP) performed a routine traffic stop of a 2004 Chevrolet Suburban on Interstate 85 in Jackson County, Georgia. The vehicle, driven by Hector Escobedo-Reyna, contained ten undocumented individuals, including a minor. Homeland Security Investigations special agents from the Atlanta Field Office responded to the scene to assist the GSP.
Investigators discovered that Escobedo-Reyna had transported the passengers to Atlanta after the group had crossed the United States border with Mexico and traveled through Houston, Texas. Escobedo-Reyna intended to transport and deliver his passengers to other cities along the east coast.
Hector Escobedo-Reyna, 62, of Houston, Texas, was indicted on February 6, 2019, for the offense of knowing, and recklessly disregarding the fact, that aliens had come to, entered, and remained in the United States in violation of law, and of transporting and moving the aliens within the United States by means of transportation and otherwise, for the purpose of financial gain. He pleaded guilty to this offense on May 9, 2019.
This case is being investigated by HSI-Atlanta and the Georgia State Patrol.
Assistant U.S. Attorney Ryan Buchanan and Special Assistant U.S. Attorney Greg Radics are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Miami Man Detained in Alleged Five-State "Cashout Scheme"Read the Press Release
PROVIDENCE – A Miami, Fla., man who allegedly made multiple large cash withdrawals with the use of fraudulent credit cards from ATMs at bank branch offices in Warwick, R.I., and Seekonk, Mass., has been ordered detained in federal custody in Rhode Island on fraud charges.
Dean Emmanuel Colin, 26, of Miami, was ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan at his initial appearance in U.S. District Court in Providence on charges of conspiracy to commit access device fraud and access device fraud.
Colin was arrested on May 23, 2019, by Seekonk, Mass., police after bank security officials notified the United States Secret Service that they were monitoring live video from a Seekonk bank branch office ATM of an individual allegedly making repeated fraudulent withdrawals of large sums of cash using multiple cards. The Secret Service notified the Seekonk Police Department who responded to the bank and detained Colin.
An investigation by the United States Secret Service and Warwick Police also determined that Colin allegedly fits the description of an individual who one day earlier made repeated large fraudulent withdrawals from an ATM in Warwick, R.I., at a branch office of the same bank, totaling more than $35,000.
The United States Secret Service is currently investigating an ongoing “cashout scheme” conspiracy that has fraudulently obtained nearly $1 million dollars from ATM machines in Rhode Island, Massachusetts, Connecticut, New York, and New Jersey. According to court documents, to date, ATM transactions connected to Colin by video surveillance involve at least 29 different American Express Platinum account numbers.
A “cashout scheme” is a criminal conspiracy whereby individuals utilize stolen or otherwise compromised bank or credit card company account numbers encoded on access devices such as ATM cards, credit cards, gift cards, and hotel keys, to withdraw large sums of currency from ATMs. These “cashout schemes” are often multi-layer conspiracies wherein computer hackers and their associates steal confidential financial information, including business and personal account numbers and personal identification numbers. The hackers often transmit this information to co-conspirators through an array of online communication mechanisms. Ultimately, the purchasers of the stolen financial information use the account numbers to encode plastic cards with magnetic stripes, which they then use to withdraw currency from ATMs.
According to court documents, at the time of Colin’s arrest and as the result of court-authorized searches of a rental vehicle Colin was driving at the time of his arrest and of a hotel room he was staying at in Foxboro, Mass., law enforcement seized $65,920 in cash, 11 cards with magnetic strips, a card reader/writer and USB cable used to encode bank cards, rubber bands used to wrap currency, two cellular telephones, a receipt from the U.S. Post Office in Warwick, R.I. for a package mailed to Colin’s residence in Florida, and an airline boarding pass in Colin’s name from Miami to Boston on May 22, 2019.
The arrest of Colin is announced by United States Attorney Aaron L. Weisman, Special Agent in Charge of the U.S. Secret Service Stephen Marks, Seekonk Police Chief Frank John, and Warwick Police Chief Colonel Rick Rathbun.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
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Metro-PCS Robbers Sentenced to 140 Months in Prison for Eleven San Diego RobberiesRead the Press Release
Assistant U. S. Attorney Stephen Wong (619) 546-9464
NEWS RELEASE SUMMARY – May 28, 2019
SAN DIEGO – Carlos Adolfo Soto was sentenced in federal court today to 140 months prison in connection with the robberies of 11 San Diego area businesses in January and February 2017. U.S. District Judge Thomas J. Whelan also ordered Soto to pay restitution to the victims.
Soto’s co-defendant, Justin Wayne Caldwell (42), is set to be sentenced on June 3, 2019.
As described in his plea agreement, the spree of robberies involved 10 Metro PCS stores and a Subway Restaurant, all in San Diego County. The first robbery occurred on January 25, 2017 and the last on February 21, 2017. Soto admitted to committing eight of the eleven robberies, and to being part of a conspiracy that involved 11 robberies. In most of his robberies, Soto used a pellet gun that resembled a pistol during the robberies, pointing the weapon at store clerks and customers and demanding cellular phones and cash.
Soto was dubbed the “pinky bandit” for his distinctive pinky finger, which protruded out from the weapons he held during a string of eleven robberies. In a typical robbery, Soto entered the store holding a weapon such as a machete, tazer, or pellet gun that resembled a firearm. Soto pointed his weapon at store clerks and demanded cellular phones and cash. On one occasion, Soto threatened a store clerk with a machete, which he wielded during the robbery.
According to the government’s sentencing memo and admissions in his plea agreement, Caldwell typically waited outside the store in a car, serving as the getaway driver who helped Soto escape the crime scene. On at least one occasion, Caldwell also entered the store with a weapon. For example, on February 14, 2017, Soto and Caldwell pointed an object that resembled a handgun at a store clerk and forced the clerk into a storage area in the back of the store, where he was made to kneel down on his hands and feet, while they loaded a backpack with cellular phones. They then ordered the clerk to open the cash register.
Public filings describe how FBI agents and robbery detectives with the San Diego Police Department and the San Diego Sheriff’s Department collaborated to solve this case. In late January and early February of 2017, investigators noticed a series of robberies around San Diego County that fit a pattern. Ten of the 11 robberies involved Metro PCS cell phone stores and in each case the robbers used similar methods, weapons and disguises. Investigators identified the robbers after one of them registered a cell phone that had been stolen during an earlier robbery. Surveillance ultimately led investigators to the scene of the final robbery in the series. Soto was arrested after a foot chase, during which he dropped merchandise taken during the final robbery. Officers arrested Caldwell in his car, parked at the scene.
“These robberies were terrifying experiences for the victims, one of whom was threatened with a machete,” said U.S. Attorney Robert Brewer. “Prosecuting violent crime is a top priority for this office. This case is an example of great detective work by the FBI and local law enforcement partners as well as diligence by prosecutor Stephen Wong.”
“The investigation into this robbery series exemplifies the dedication of the San Diego FBI to rid our communities of violent crime,” said Scott Brunner, FBI Special Agent in Charge. “This significant sentence is the result of our continued efforts to keep the community safe from violence, fear and intimidation by working together with our local law enforcement partners on our Violent Crimes Task Force.”
The amount of restitution will be finalized after both defendants are sentenced.
DEFENDANTS Case Number 17-CR-558-W
Carlos Adolfo Soto Age: 41 San Diego, CA
Justin Wayne Caldwell Age: 32 San Diego, CA
SUMMARY OF CHARGES
Hobbs Act Robbery, 18 U.S.C. § 1951
Maximum penalty: Twenty years in prison, $250,000 fine, 3 years’ supervised release
INVESTIGATING AGENCIES
Federal Bureau of Investigation
San Diego Police Department
San Diego Sherriff’s Department
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Man Who Was Subject to an Order of Protection and Illegally Possessed Gun Sentenced to Federal PrisonRead the Press Release
A man who possessed a firearm while subject to an order of protection was sentenced today to more than one year in federal prison.
Dishad Anthony Holmes, age 18, from Cedar Rapids, Iowa, received the prison term after a January 31, 2019, guilty plea to possession of a firearm while subject to an order of protection.
At the guilty plea, Holmes admitted in September 2018, he took an American Tactical Imports Omni Hybrid 5.56 rifle to another person’s home in Cedar Rapids. Probation officers later discovered the firearm, which was equipped with a high capacity magazine, in the home.
Holmes was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Holmes was sentenced to 20 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Holmes is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Cedar Rapids Safe Streets Task Force and the High Risk Unit of the Sixth Judicial District Probation Department. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-0118.
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Man Sentenced for Violent Kidnapping and Firearms OffensesRead the Press Release
U.S. Attorney Trent Shores announced that a 62-year-old man who kidnapped and used a handgun to threaten a woman was sentenced Tuesday in U.S. District Court. At the time of the crime, the man was subject to a domestic abuse restraining order and gained access to the Broken Arrow woman’s home by cutting a hole through an exterior wall.
On July 25, 2018, a jury found Randy Alan Hamett, of Choctaw, guilty of Kidnapping, Possessing and Receiving Stolen Firearm and Ammunition, and Possession of Firearms and Ammunition While Subject to a Domestic Violence Protective Order.
Today, U.S. District Judge Claire V. Eagan ordered Hamett to 240 months in prison for kidnapping and 120 months in prison for the two firearms charges. The sentences will run concurrently. Hamett will also be required to serve five years of supervised release following completion of his prison term.
“When arrested, Hamett had in his pocket a murder preparation list that included the words: taser, rope, zip ties, machete, and shovel. If not for the quick thinking of the female victim, this would have been a homicide case. Her courageous actions enabled law enforcement to rescue her and arrest Hamett. Unfortunately, Hamett had already threatened, kidnapped, zip tied, tased, and sexually assaulted the female victim,” said US Attorney Shores. “The advisory sentencing guideline range called for a sentence of life imprisonment and federal prosecutors advocated for a sentence of life imprisonment. That was the right thing to do given Hamett’s egregious acts and lack of remorse, and we would recommend life again.”
Previously, a jury determined that, in April 2017, Hamett cut a hole in an outside wall of the victim’s house to avoid detection by the alarm system. When the victim arrived home from work, Hamett tased her and pointed a revolver at her. After zip-tying her wrists and duct taping her ankles, Hamett threatened to kill himself, the victim, and anyone who tried to help her. Hamett forced the victim into a car, stole from her a pistol she had purchased after obtaining a protective order against him, then kidnapped her. Hamett also sexually assaulted her.
Convinced that Hamett was going to kill her, the victim made every effort to prolong the trip and endear herself to Hamett. As part of her attempt to accomplish that, the victim convinced Hamett they should get back together and remarry in Arkansas, where they were originally married. Hamett eventually allowed the victim to text her parents and her boyfriend so they would not become suspicious concerning her whereabouts. Based on the nature of the text, the victim’s parents became worried that she was in danger and contacted the Broken Arrow Police Department. Through a concerted investigation by the Broken Arrow and Siloam Springs Police Departments, officers were able to locate Hamett and the victim at a hotel in Siloam Springs, Arkansas, where they determined Hamett was holding the victim against her will and arrested Hamett for violation of a protective order. Hamett was in possession of a firearm and ammunition, along with Taser cartridges, at the time of his arrest.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Broken Arrow Police Department, the Siloam Springs Police Department, and the Rogers State University Police conducted the investigation. Assistant U.S. Attorneys Jeffrey A. Gallant and Ryan M. Roberts prosecuted the case.
Man Sentenced for Fraud and Operating Unlicensed Money Transmitting BusinessRead the Press Release
Assistant U. S. Attorney Jonathan I. Shapiro (619) 546-8225
NEWS RELEASE SUMMARY – May 28, 2019
SAN DIEGO – Morgan Rockcoons of Las Vegas, Nevada, was sentenced today by U.S. District Judge Anthony J. Battaglia to 21 months in prison for wire fraud and operating an unlicensed money transmitting business. Judge Battaglia also ordered Rockcoons to forfeit $80,600 in illicit profits.
Rockcoons, a U.S. citizen, has been in custody since his arrest on October 29, 2018. He pleaded guilty on March 7, 2019, admitting that he operated a Bitcoin exchange without registering with the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury. He also admitted to devising a scheme to defraud individuals in connection with the purported sale of real estate in Elko County, Nevada, that he did not own.
According to the government’s sentencing memorandum, Rockcoons advertised his Bitcoin exchange services on the website LocalBitcoins.com. In 2015, HSI identified Rockcoons as the most prolific San Diego-based seller. In April 2016, the defendant’s LocalBitcoins.com profile showed that he continued to advertise as a trader and seller of Bitcoin in San Diego, with his profile reflecting that he had engaged in more than 500 transactions. As of October 2017, the defendant’s profile indicated that he conducted more than 1,000 bitcoin trades with more than 644 people. Rockcoons received a commission of as much as 36 percent per transaction.
Prior to his 2018 arrest, Rockcoons was indicted on November 8, 2017 for operating the unlicensed money transmitting business. He was arrested on that charge on February 9, 2018, and he was released on bond pending trial. In spring 2018, while on pretrial release, Rockcoons began promoting Bitcointopia on the internet and via social media. A purported real estate development in the desert in Elko County, Nevada, Rockcoons touted Bitcointopia as a place where bitcoin is “legal tender.” On the website, Rockcoons offered parcels of land for sale for Bitcoin, claiming: “The land is currently owned by Bitcointopia, Inc. corporation.” Rockcoons further stated, “500-1,000 Acre plots are for sale for 0.5 BTC per acre.” Victims who sent Rockcoons Bitcoin never received their title to land as promised. To date, agents have identified at least 10 victims of Rockcoons’ fraud. The two cases were combined in a superseding indictment.
DEFENDANT Case Number 17cr3690-AJB
Morgan Rockcoons Age: 31 Las Vegas, NV
SUMMARY OF CHARGES
Operation of Unlicensed Money Transmitting Business – Title 18, U.S.C., Section 1960(a)
Maximum penalty: Five years in prison and $250,000 fine
Wire Fraud – Title 18, U.S.C., Section 1960(a)
Maximum penalty: 20 years’ imprisonment and $250,000 fine
AGENCY
Homeland Security Investigations
Luzerne County Man Guilty of “Bath Salts” ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jason Randazzo, age 46, of Mountaintop, Pennsylvania, pleaded guilty on May 23, 2019, before Senior U.S. District Court Judge James M. Munley, to conspiracy to import into the United States from China alpha-pvp, commonly known as “bath salts.”
According to United States Attorney David J. Freed, Randazzo admitted to participating in the conspiracy between March 2014 and January 2016. Randazzo was one of seven people indicted by a grand jury in August 2016. That indictment was the fourth indictment resulting from the lengthy investigation into “bath salts” importation and trafficking. In all, 18 people were charged as a result of the investigation, including a Texas-based couple who shipped “bath salts” to customers throughout the United States, including Pennsylvania.
Todd Morgans, of West Pittston, a major local supplier of “bath salts,” was previously sentenced to 135 months’ imprisonment. David Folweiler, a Luzerne County sub-distributor, was sentenced to 90 months’ imprisonment. One of the Texas-based suppliers, Treiu Thuy Duong, received a 70-month prison sentence. Alan Folweiler received a 63-month sentence. Frank Brennan was sentenced to 60 months’ imprisonment.
The investigation has resulted in the seizure and forfeiture of several firearms, thousands of dollars in cash, hundreds of silver coins, real property and bank accounts valued at more than $750,000.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled sentencing for August 26, 2019.
The case was investigated by the Department of Homeland Security, the Drug Enforcement Administration, the United States Postal Inspection Service, and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting 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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offenses is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lutz Man Pleads Guilty to Firearms Possession and Aggravated Identity Theft SchemeRead the Press Release
Tampa, Florida – Jorge Delgado-Macias (44, Lutz) has pleaded guilty to possessing a firearm as an illegal alien and aggravated identity theft. He faces a maximum penalty of 10 years in federal prison on the firearm charge and a mandatory consecutive two-year term of imprisonment on the aggravated identity theft charge.
According to the plea agreement, on October 17, 2018, deputies from the Hillsborough County Sheriff Office executed a search warrant at Delgado-Macias’s home, where they seized a 9mm pistol and a .40 caliber pistol, along with numerous rounds of ammunition. Delgado-Macias acknowledged to the deputies that the firearms were his, that he was a citizen of Mexico, and that he was unlawfully present in the United States. Also in his possession was a Florida driver license in the name of “JT, Jr.” Delgado-Macias told the deputies that he had purchased a California birth certificate and Social Security number for “JT” some years ago for $500, and that he had later used those documents to obtain the Florida license in the name of “JT, Jr.”
This case was investigated by the U.S. Border Patrol and U.S. Immigration and Customs Enforcement, with assistance from the Hillsborough County Sheriff Office. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Lawrence Man Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Lawrence man was sentenced today in federal court in Boston for his role in a fentanyl distribution conspiracy.
Carlos Rodriguez, 20, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to five years in prison and four years of supervised release. On Feb. 27, 2019, Rodriguez pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 400 grams or more of fentanyl, and one count of possession with intent to distribute 40 grams or more of fentanyl.
On April 19, 2018, during an undercover operation, federal agents seized 157 grams of fentanyl from Rodriguez. He was arrested that day. Upon execution of a federal search warrant at his residence, agents seized additional fentanyl and a digital scale.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Andover Police Chief Patrick Keefe; Lawrence Police Chief Roy Vasque; and Methuen Police Chief Joe Solomon made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Law enforcement and a service organization honored by U.S. Attorney at awards ceremonyRead the Press Release
Sgt. John Haglock and U.S. Attorney Bill PowellWHEELING, WEST VIRGINIA – Seven law enforcement entities and one community organization were recognized today for their outstanding work in the greater Wheeling area.
United States Attorney Bill Powell recognized the Marshall County Drug & Violent Crimes Task Force, Brooke County Prosecutor Joe Barki, Ohio County Sheriff’s Sgt. John Haglock, the YWCA’s Wind Program, and several other law enforcement partners with U.S. Attorney Awards for their contributions to create safer communities.
“I have the great pleasure to work many law enforcement and other community based professionals. We honor these individuals and groups today because they are “difference makers” in our communities. They represent the best of us, and our communities are better because of their extraordinary work,” said Powell.
The Marshall County Drug & Violent Crimes Task Force was recognized for its work in a year-long investigation beginning around February 2017 and continuing through March 2018, involving the distribution of crystal methamphetamine, cocaine and heroin primarily in Parkersburg, Sistersville, Paden City and New Martinsville, WV and Columbus, OH. The drugs were originating from a street gang in Columbus, OH. The investigation resulted in the indictments of eight gang members or associates from Columbus, as well as 25 local WV redistributors. This investigation dismantled the entire drug conspiracy operating in four federal districts, to include the Northern District of West Virginia, the Southern District of West Virginia, the Southern District of Ohio, and the Northern District of Georgia. The Marshall County Drug Task Force is comprised of officers from the Marshall County Sheriff’s Office the West Virginia State Police, Moundsville Police Department and the US Drug Enforcement Administration.
Brooke County Prosecuting Attorney Joseph Barki is a prosecuting attorney who has made a significant contribution to a shared mission. Barki has been on the Hancock-Brooke-Weirton drug & Violent Crime Task Force board for the past 16 years. He has been the president of the Board for the past 7 years. Before being the elected Prosecutor in Brooke County, he was an Assistant Prosecuting Attorney in Ohio, Brooke, & Hancock Counties. During the past 16 years he has tirelessly prosecuted drug crimes in Hancock, Brooke, and Ohio Counties. Joe has also been a great collaborator on many of the drug cases in the Northern Panhandle of West Virginia.
The YWCA of Wheeling does remarkable work. From addressing domestic violence to education to recovery and redemption, they offer a valuable and unmatched resource in the Ohio Valley. The WIND Program, or Women Inspired in New Directions, is a place where women from all walks of life can recover in a supportive and safe environment. The WIND Program offers support to the U.S. Attorney’s Office, willing to assist us with community outreach efforts any time of year. From the reentry simulations to the Department of Justice’s Project Safe Neighborhoods initiative, the YWCA is a true partner. The collaboration is beneficial to all involved.
Sgt. John Haglock with the Ohio County Sheriff’s Office is the school resource officer at Madison Elementary School. Madison has many at-risk children, many of whom have been removed from their biological parents because of abuse and neglect, all thanks to the drug epidemic. Sgt. Haglock is a positive force in the school, always offering a caring smile and help with any student. He cares about the kids and their well-being and it shows in his interactions with the children every day. Earlier this year, he went above and beyond with three of the students. In early March, three siblings were being removed from the home, John and his wife Stephanie didn’t hesitate to take in all three children. This couple, who have been married for more than 30 years, and have two grown children, offered to take in all three children as a temporary home, to ensure they could stay at Madison and stay together.
The ceremony was held in U.S. District Judge John Preston Bailey’s courtroom and included remarks from U.S. Attorney Bill Powell and the presence of many local, state and federal law enforcement leaders from throughout West Virginia.
Brooke County Prosecutor Joe Barki receiving his award from U.S. Attorney Bill Powell YWCA WIND Program receiving its award from U.S. Attorney Bill Powell (Pictured L-R: Laura Albertini-Weigel of the WIND Program, Lori Jones, Executive Director of the YWCA, and U.S. Attorney Bill Powell)
Lafayette green company owner sentenced to 90 months for stealing more than $2 million from investorsRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that John K. Morrow, 48, of Lafayette, was sentenced Friday to seven and a half years in prison by U.S. District Judge Robert Sumerhays for stealing more than $2 million from investors. He was also sentenced to three years of supervised release and must pay $2,066,923 restitution.
Morrow was the owner of a Louisiana company called UVC Technologies LLC, which was formed in 2011. UVC Technologies represented itself as providing green, chemical free disinfection machines utilizing ultraviolet germicidal irradiation to meet the needs of various medical communities. From 2011 to 2016, Morrow solicited individuals to invest money in the company. He used false statements and misrepresentations indicating that the funds would only be used for business expenses and distribution of additional disinfection machines. He promised large sums of money in a short time period for their investments. When the investors complained about not being paid back and for the purpose of soliciting funds from them, Morrow falsely claimed that the business had been sold for millions and that their money would be paid back from the proceeds of the sale. Morrow also told investors that he would use funds for business expenses, but he spent their funds on personal living and travel expenses. Morrow defrauded the investors out of more than $2 million during the course of the scheme. He pleaded guilty to the federal charges on January 14, 2019.
The FBI investigated the case. Assistant U.S. Attorneys Kelly P. Uebinger and Daniel J. Vermaelen prosecuted the case.
KC Woman Pleads Guilty to Firearms ConspiracyRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., woman pleaded guilty in federal court today to her role in conspiracy to illegally transfer ownership of firearms.
Iesha T. Boles, 43, waived her right to a grand jury and pleaded guilty before U.S. District Judge Greg Kays to a federal information that charges her with conspiracy to make false statements during the purchase of firearms.
By pleading guilty today, Boles admitted that she made false statements regarding the purchase or transfer of six firearms between Nov. 22, 2013, and June 11, 2017. Boles admitted that she was not the actual transferee/buyer for each of the firearms, but was acquiring the firearms on behalf of another person.
According to today’s plea agreement, a co-conspirator purchased a Jimenez 9mm pistol on Nov. 22, 2013; a Jimenez .380-caliber pistol on Nov. 13, 2013; a Jimenez .380-caliber pistol on Nov. 22, 2013; and a Jimenez .380-caliber pistol on Dec. 10, 2013. Those four firearms were all shipped to Conceal & Carry, a federal firearms licensee in Kansas City, Mo. Ownership was transferred to Boles, who later reported the firearms were stolen. In one instance, she reported a firearm was stolen within two days after purchase.
On Nov. 14, 2013, a Jimenez 9mm pistol was transferred to the same co-conspirator, who then transferred ownership to Boles. On Oct. 27, 2016, that co-conspirator purchased a Jimenez .380-caliber pistol and transferred the firearm to Boles, who reported the firearm stolen 41 days later.
Boles admitted that, on each of those six occasions, she made a false representation to the federally licensed firearms dealer in order to complete the firearm transfer.
Under federal statutes, Boles is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.