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Wednesday 3 April 2019
Two Defendants with Multiple Prior Felony Convictions Sentenced for Unlawful Possession of A FirearmRead the Press Release
LAS VEGAS, Nev. – In connection with the U.S. Attorney’s Office continuing efforts to reduce violent crime through the Department of Justice’s Project Safe Neighborhoods initiative, U.S. Attorney Nicholas A. Trutanich today announced the results of two sentencings in firearms-related cases.
- Terry Tremell Lomax, 30, of Las Vegas, was sentenced April 1, by U.S. District Judge Jennifer A. Dorsey to four years in prison and three years of supervised release. He pleaded guilty in December 2018, to felon in possession of a firearm. On May 17, 2017, Las Vegas Metropolitan Police Department officers attempted to conduct a vehicle stop after Lomax committed a series of traffic infractions. In an attempt to flee and avoid the vehicle stop, Lomax sped through a red light, drove up onto a sidewalk, then stopped the car and fled on foot around a residence. During the foot pursuit, he threw a fully loaded .40 caliber handgun on the front porch of the house. Law enforcement was able to apprehend Lomax and they recovered his handgun. He has four prior felony convictions in Nevada, including battery with use of a deadly weapon, battery with use of a deadly weapon resulting in substantial bodily harm, robbery, and conspiracy to commit robbery. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Las Vegas Metropolitan Police Department.
- Giuseppe Russo, 30, of Las Vegas, was sentenced today by U.S. District Judge James C. Mahan to five years and five months in prison and three years of supervised release. He pleaded guilty to felon in possession of a firearm. On July 18, 2017, police attempted to stop Russo outside of a department store. While fleeing from law enforcement, he grabbed a 9mm handgun from his pants and rotated his body toward the officer who was in pursuit, aiming the weapon in the direction of the officer. The officer shot Russo and then administered first aid and called for medical assistance. Russo has three prior felony convictions in Nevada, including assault with a deadly weapon, burglary, and possession of a firearm by a felon. The prison sentence is to run concurrently with any sentence imposed in two separate state court cases. The case was investigated by the Las Vegas Metropolitan Police Department.
These cases were brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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Two Convicted in North Texas Multi-Million Investment Fraud SchemeRead the Press Release
SHERMAN, Texas –Two Texas men have been found guilty by a jury following an investment fraud trial in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Thurman Bryant, III, 46, of Frisco, Texas and Arthur Franz Wammel, 46, of Houston, were found guilty of conspiracy to commit wire fraud today by a jury following a trial before U.S. District Judge Amos Mazzant that lasted nearly two weeks.
According to information presented in court, the defendants devised and executed an investment fraud scheme that claimed to earn investors a guaranteed minimum 30% annual return on investment. In addition, Bryant promised an investment that would be placed in a secure escrow account, when in fact the money was funneled to Wammel for securities trading and other purposes. Evidence at trial showed that the defendants separately spent money on personal expenses such as home leases, home improvements, car leases, expensive jewelry, and private school tuition, and that defendant Wammel spent a large amount of money on expenses related to a Rolls-Royce, a Ferrari and a Range Rover. Additional evidence showed that the investors contributed over $22 million to the scheme.
Bryant and Wammel were indicted by a federal grand jury on Dec. 13, 2017.
“The trial evidence showed that the defendants’ scheme was very similar to a classic Ponzi scheme,” said U.S. Attorney Joseph D. Brown. “Many of the victims were family and friends of one of the defendants. This case shows the harm that can be caused by greed and false promises of safe investments. The United States Attorney’s Office and the FBI are dedicated to the investigation and prosecution of these types of criminal fraud schemes.”
Under federal statutes, Bryant and Wammel each face up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing 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 U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Tom Gibson, Glenn Roque-Jackson, and Anand Varadarajan.
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Town of Hempstead Councilman Pleads Guilty to Tax EvasionRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Edward Ambrosino, a Town of Hempstead Councilman, pleaded guilty to tax evasion before United States District Judge Joanna Seybert. When sentenced, Ambrosino faces up to five years in prison, as well as restitution to the Internal Revenue Service and the New York State Department of Taxation and Finance for taxes owed for the tax years 2011 through 2014. In addition, Ambrosino agreed to pay restitution in the amount of $700,000.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jonathan D. Larsen, Acting Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI), announced the guilty plea.
“Just like the people who put him in office, Ambrosino owed it to his fellow citizens to pay his fair share of taxes,” stated United States Attorney Donoghue. “This Office and our law enforcement partners are committed to holding accountable public officials who violate the law.”
Ambrosino was an attorney licensed to practice in New York State, specializing in economic and industrial development and financings, and formerly was “Of Counsel” at a law firm in Uniondale, New York. In addition, since March 2003, Ambrosino has served as a Councilman for the Town of Hempstead.
In 2011, Ambrosino incorporated Vanderbilt Consulting Group, Inc., and was the company’s sole shareholder. Ambrosino subsequently opened and controlled a bank account in the name of Vanderbilt, and was the sole authorized signer on that account. From 2013 through 2015, Ambrosino diverted more than $800,000 in legal fees from clients, including the Nassau County Industrial Development Agency and the Nassau County Local Economic Assistance Corporation, that he was required to provide to his law firm, and deposited them into the Vanderbilt bank account. Ambrosino neither admitted nor denied wrongdoing regarding this conduct, but as part of his guilty plea earlier today, he agreed to pay $700,000 in restitution to the law firm.
Ambrosino also evaded substantial income tax, and filed false and fraudulent corporate tax returns on behalf of Vanderbilt for the 2011, 2012 and 2013 tax years. Ambrosino evaded the assessment of income tax by claiming false and fraudulent business expense deductions, and failing to report funds he diverted from his former law firm. As a result, the IRS suffered a tax loss of approximately $254,628, which will be recouped by the IRS via restitution.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Catherine M. Mirabile and Raymond A. Tierney are in charge of the prosecution.
The Defendant:
EDWARD AMBROSINO
Age: 54
North Valley Stream, New YorkE.D.N.Y. Docket No. 17-CR-162 (JS)
Stowe Man Sentenced to 18 Years’ Imprisonment for Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Sylvia H. Rambo sentenced Hakeem James Hughes, age 30, of Stowe, Pennsylvania, to 216 months’ imprisonment followed by 15 years of supervised release for child exploitation offenses.
According to United States Attorney David J. Freed, Hughes previously pleaded guilty to using minors to produce child pornography. Hughes coerced and persuaded minors to engage in sexual acts with him, often providing them phones and electronic games in exchange, and video recorded the encounters.
This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations, Child Exploitation/Human Trafficking Group. Assistant United States Attorney James T. Clancy prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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St. Louis County Man Pleads Guilty to Providing Material Support to TerroristsRead the Press Release
St. Louis, MO – Ramiz Zijad Hodzic, 44, of St. Louis County, pleaded guilty today to one count of conspiring to provide material support to terrorists and one count of providing material support to terrorists. Hodzic appeared today before Judge Catherine D. Perry who accepted his plea and set his sentencing for June 18, 2019. U.S. Attorney Jeffrey B. Jensen for the Eastern District of Missouri, Special Agent in Charge Richard Quinn of the FBI’s St. Louis Division and Assistant Attorney General for National Security John C. Demers made the announcement.
Charged in the indictment are: Ramiz Zijad Hodzic, his wife Sedina Unkic Hodzic, and Armin Harcevic, all of St. Louis County, Missouri, Nihad Rosic, of Utica, New York, and Mediha Medy Salkicevic, of Schiller Park, Illinois. All defendants are charged with conspiring to provide material support and resources to terrorists, and with providing material support to terrorists. Ramiz Zijad Hodzic and Nihad Rosic are also charged with conspiring to murder and maim persons in a foreign country. Armin Harcevic pleaded guilty on February 25, 2019, and Mediha Medy Salkicevic pleaded guilty on March 21, 2019. The remaining defendants have pled not guilty. As is always the case, charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
“Disrupting and preventing terrorist activities are critical priorities for this District in its continuing mission to protect our Nation's security. I commend the Joint Terrorism Task Force for their commitment and tenacity in a lengthy, complex, and successful investigation and prosecution. But, make no mistake, our work in this regard is never done,” said United States Attorney Jeffrey Jensen.
"Ramiz Hodzic solicited and collected money from the other defendants,” said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. “He sent more than $10,000 worth of materials and cash to terrorist overseas, including to a St. Louisan who was killed fighting for ISIS.”
Hodzic faces up to 15 years imprisonment and/or fines of up to $250,000 for each count. In determining the actual sentence, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the St. Louis FBI’s Joint Terrorism Task Force, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), U.S. Postal Inspection Service, St. Louis Metropolitan and St. Louis County Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Matthew Drake, Howard Marcus and Kenneth Tihen of the Eastern District of Missouri and Trial Attorney Joshua Champagne of the Department of Justice’s Counterterrorism Section.
St. Croix Man Pleads Guilty to Possession with Intent to Distribute Crack CocaineRead the Press Release
St. Croix, USVI – Roosevelt Dowling, 58, of St. Croix, pled guilty to possession with intent to distribute 28 grams or more of cocaine base ("crack") before U.S. Magistrate Judge George Cannon, Jr., United States Attorney Gretchen C.F. Shappert announced.
According to the plea agreement filed with the court, on or about January 30, 2017, while executing a search warrant on Dowling’s residence, law enforcement officials seized approximately 31 grams of crack, 759.5 grams of cocaine hydrochloride, 19 marijuana plants, two digital scales, and $6,690 in cash.
Dowling faces a mandatory minimum sentence of five years’ imprisonment, a four-year term of supervised release, and a fine of up to $8,000,000.
This case was investigated by the Drug Enforcement Agency (DEA) and the Virgin Islands Police Department and is being prosecuted by Assistant United States Attorney Meredith J. Edwards.
South Boston Man Pleads Guilty to Distributing Heroin and Fentanyl in Public Housing DevelopmentRead the Press Release
BOSTON – A South Boston man pleaded guilty today in federal court in Boston to distributing heroin and fentanyl.
Jomar Ventura, 24, pleaded guilty to four counts of distribution and possession with intent to distribute heroin and fentanyl. Chief U.S. District Court Judge Patti B. Saris scheduled sentencing for July 10, 2019. Ventura was arrested and charged in September 2018 and has been in custody since.
On March 19, March 28, April 24, and May 4, 2018, Ventura distributed heroin and fentanyl in and around the Mary Ellen McCormack public housing development in South Boston.
The charge of distributing or possessing with intent to distribute heroin and fentanyl provides for a sentence of no greater than 20 years in prison, three years to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit 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. PSN is 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.
Seven Individuals Indicted and Arrested for Drug Distribution and Distribution Resulting in Death and Serious Bodily InjuryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania, Cumberland County District Attorney M.L. “Skip” Ebert, and Dauphin County District Attorney Francis T. Chardo announced that a federal grand jury in Harrisburg indicted seven individuals on March 13, 2019, for conspiracy and possession with the intent to distribute heroin and fentanyl and distribution of heroin and fentanyl resulting in death.
According to United States Attorney David J. Freed, the indictment alleges that the drug trafficking conspiracy entailed kilogram quantities of heroin and fentanyl for offenses that took place between January 2015 and March 13, 2019, in Dauphin and Cumberland Counties. The following defendants were charged:
[1] Adrian Ortiz-Diaz, a/k/a “Nelsito,” age 23, of Harrisburg, PA, is charged with one count of conspiracy to distribute and possess with intent to distribute fentanyl and more than 100 grams of heroin; one count of distribution of fentanyl; two counts of distribution of heroin; one count of distribution of heroin and fentanyl resulting in death and serious bodily injuries of G.C., C.K., E.H.;
[2] Luis Jose Alicea-Solis, a/ka “Luisito,” age 24, of Harrisburg, is charged with one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl; one count of distribution of heroin and fentanyl resulting in death and serious bodily injuries of G.C., C.K., and E.H.; one count of possession with intent to distribute heroin;
[3] Efrain Correa Lopez, age 22, of Harrisburg, is charged with one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl; one count of distribution of heroin and fentanyl resulting in death and serious bodily injuries of G.C., C.K., and E.H.;
[4] Julio Landro-Cartagen, a/k/a “Fobo,” age 40, of Harrisburg, is charged with one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl; one count of distribution of fentanyl; one count of distribution of heroin;
[5] Jeremmy Trillo-Gelpi, age 23, of Harrisburg, is charged with one count of conspiracy to distribute and possess with intent to distribute fentanyl and more than 100 grams of heroin;
[6] Joan Trinta, a/k/a “Marie,” age 33, of Harrisburg, is charged with one count of conspiracy to distribute and possess with intent to distribute fentanyl and more than 100 grams of heroin; and
[7] Jonathan Trinta, a/k/a “Jungee,” age 23, of Harrisburg, is charged with one count of conspiracy to distribute and possess with intent to distribute fentanyl and more than 100 grams of heroin.
The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, the United States Postal Inspection Service, the Internal Revenue Service, Criminal Investigation, the Dauphin and Cumberland County Drug Taskforces, the Office of Attorney General, Bureau of Narcotics Investigations, the Mechanicsburg Police Department and the Elizabethtown Police Department. Assistant U.S. Attorney Daryl F. Bloom is prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for defendants range from 20 years to life imprisonment. (see attached) 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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Selma Man Sentenced on Federal Firearms ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Teanthony Terrell Lewis, 29, of Selma, Alabama, was sentenced today in federal court by United States District Court Judge William H. Steele to a term of 33 months imprisonment for his involvement in the illegal possession of a firearm by his brother, Christopher Reshawn Lewis. Christopher Lewis remains a fugitive on the underlying federal gun charges. Teanthony Terrell Lewis pled guilty to concealing and failing to report Christopher Lewis’ illegal possession of a firearm to appropriate authorities in December of 2018.
In federal court in Mobile this morning, Judge Steele ordered that Lewis undergo drug treatment while he is in prison, that that he serve a period of one year on supervised release when he completes his sentence. During that supervision, he will also be subject to drug testing and treatment. Judge Steele ordered that Lewis pay a special mandatory assessment of $100 but did not impose a fine.
The case was investigated by the Selma Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Securus Technologies Abandons Proposed Acquisition of Inmate Calling Solutions After Justice Department and the Federal Communications Commission Informed Parties of ConcernsRead the Press Release
Securus Technologies Inc. (Securus) confirmed yesterday that it has abandoned its plans to acquire Inmate Calling Solutions LLC (ICS). The Department of Justice’s Antitrust Division had previously informed the companies that it had significant concerns that the merger would eliminate important competition in the market for inmate telecommunications services (ITS).
Securus and ICS are two of the four major ITS providers in the United States. Correctional facilities across the United States rely on specialized telecommunications companies to provide both basic phone service to inmates and the important security features the facilities require. In addition, ITS are an important source of revenue that supports the facilities’ operations. These services are an important lifeline between the inmates in these facilities and their loved ones.
“Securus and ICS have a history of competing aggressively to win state and local contracts by offering better financial terms, lower calling rates, and more innovative technology and services. This merger would have eliminated that competition, plain and simple,” said Makan Delrahim, Assistant Attorney General of the Department of Justice’s Antitrust Division. “The companies’ decision to abandon this deal is the right outcome – correctional facilities, inmates and their friends and families will continue to benefit from the robust competition between these firms.”
“I would like to thank our colleagues at the Federal Communications Commission for their cooperation throughout this investigation,” said Assistant Attorney General Delrahim. “In addition, we are grateful for the cooperation we forged with teams from several State Attorneys General offices during the course of our investigation.”
Securus is a Delaware corporation headquartered in Carrolton, Texas, that is owned by Platinum Equity, a venture capital firm. Securus is one of the two largest ITS providers in the nation.
ICS is a California LLC headquartered in San Antonio, Texas, that is owned by H.I.G. Capital LLC, a venture capital firm. It is the fourth largest ITS provider as measured by inmates served.
Saucier Man Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
Gulfport, Miss. – Damion Xavier Giglio, 34, of Saucier, pled guilty yesterday before U.S. District Judge Louis Guirola Jr. to being a user of controlled substances in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On February 15, 2018, Harrison County Sheriff Deputies responded to a call regarding a shooting and found Giglio with a rifle. Giglio was out on bond for a prior aggravated assault charge and was taken into custody. He admitted to smoking marijuana since he was 16 years old and using methamphetamine. On January 8, 2019, Giglio was charged in a federal indictment with possession of a firearm by a user of controlled substances.
Giglio will be sentenced on July 2, 2019 by Judge Guirola, and faces a maximum penalty of 10 years in prison and a $250,000 fine, along with 3 years of supervised release.
The Harrison County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. The case is prosecuted by Assistant United States Attorney Annette Williams.
Rosebud Woman Sentenced for Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 1, 2019, by U.S. District Judge Roberto A. Lange.
Machela Chauncey, a/k/a Machela Ryon, age 29, was sentenced to 5 years in federal prison, 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chauncey was indicted by a federal grand jury on August 14, 2018. She pled guilty on January 23, 2019.
The conviction stemmed from a conspiracy that occurred between October 1, 2016 through January 31, 2017, where Chauncey knowingly and intentionally conspired and distributed methamphetamine on the Rosebud Indian Reservation.
This case was investigated by the Rosebud Police Department and Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Chauncey was immediately turned over to the custody of the U.S. Marshals Service.
Recent Tax Prosecutions Serve as A Reminder to Accurately File and Pay Taxes as the April 15 Deadline ApproachesRead the Press Release
The U.S. Attorney’s Office reminds all Minnesotans that the deadline for filing federal income tax returns is Monday, April 15. Although the filing season is nearing the end, the U.S. Attorney’s Office and the Internal Revenue Service’s Criminal Investigation Division work year round to protect the integrity of our nation’s tax system by investigating and prosecuting individuals who violate the tax laws.
“We owe it to every American taxpayer to use all lawful means to identify and prosecute those who seek to violate our nation’s tax laws. It is a matter of maintaining public confidence in our system of taxation,” stated U.S. Attorney Erica MacDonald.
“Taxpayers thinking about participating in fraudulent tax schemes, such as failing to report all forms of income or falsifying deductions should take a good look at the serious and detrimental consequences of taking the next step,” stated Special Agent in Charge Gabe Grchan of the IRS Criminal Investigation Division. “Those who might consider preparing false and fraudulent tax returns should be aware of the extremely negative consequences that could result in prison time, large tax bills, including substantial fines, interest and penalties.”
As the tax filing season winds down next week, the following court actions serve as a reminder to taxpayers, to think before filing a false or fraudulent tax return and to be wary of any schemes that falsify your income or deductions.
MICHAEL DEAN CARNICLE, of Henderson, Nevada, was sentenced to nine months in federal prison and ordered to pay $303,881 in restitution for willfully failing to file his tax returns. CARNICLE received gross income in the amount of $1,276,858 for tax year 2007 and $575,840 for tax year 2008, but willfully failed to file tax returns resulting in a total tax loss of $303,881.
SHARI ANN NATYSIN, of Elk River, Minnesota, pleaded guilty to multiple counts of wire fraud and tax evasion related to payments she received while employed as a bookkeeper of a family-owned concrete flooring company in Anoka, Minnesota. Utilizing her position, NATYSIN manipulated the company’s payroll processing service to overpay herself more than $630,000 while concealing the fraudulent transactions from the owners of the business. NATYSIN also attempted to file tax returns that grossly understated her income to evade the income tax she owed to the United States.
MELISSA VANG PASKEWICH, owner and operator of WIN SOLUTIONS, a temporary staffing agency, pleaded guilty to one count of willful failure to pay payroll taxes and one count of filing a false tax return. During the tax years 2014 through 2017, PASKEWICH caused the business to withhold payroll taxes from only some employees’ wages and pay the amounts to the IRS as required. For most workers, whom she called “cash” employees, PASKEWICH did not pay the payroll taxes as required and did not report the employees’ wages on IRS Forms 941 and Forms 1120S. PASKEWICH admitted keeping $740,564.22 in payroll taxes and filing a false 2016 income tax return in which she only reported $80,949 in business income when, in fact, WIN SOLUTIONS’s net income was $609,538. The total criminal tax loss is approximately $1,132,110.75.
SCOTT PHILLIP FLYNN, of Orono, Minnesota, was sentenced to 87 months in prison and was ordered to pay more than $5 million in restitution for evading the assessment of millions of dollars in income taxes by fraudulently hiding millions of shares of stock that he obtained for himself. In one year alone, FLYNN received approximately $2.7 million in proceeds which he used to purchase a house in Orono, Minnesota while only reporting income of $26,136 to the IRS.
JEROME C. RUZICKA, W. JEFFERY TAYLOR, SCOTT A. NELSON, and JEFFREY LEE LONGTAIN, were recently sentenced for their roles in a massive fraud scheme perpetrated against Eden Prairie-based Starkey Laboratories, Inc. (Starkey) and its principal owner William F. Austin. Following a nearly eight-week trial, both RUZICKA and TAYLOR were convicted of mail and wire fraud and RUZICKA was convicted of tax fraud. NELSON pleaded guilty to conspiracy to commit mail fraud and wire fraud and LONGTAIN pleaded guilty to making and subscribing a false tax return.
JULIE ANN LEE, former controller of the Town & Country Club (“TCC”) in St. Paul, Minnesota, was sentenced to 42 months in prison for operating a million dollar embezzlement scheme. LEE stole more than $1 million in cash, checks, and credit card payments and, in order to conceal the shortage of funds, LEE filed false quarterly payroll tax returns with the IRS understating TCC’s payroll tax liability. At times, LEE also filed TCC’s quarterly payroll tax returns late and made TCC’s quarterly tax payments late, which resulted in TCC paying more than $300,000 in interest and penalties to the IRS.
ELLIS ALANCE BANKS, of Brooklyn Center, Minnesota, was sentenced to 92 months in prison on charges of conspiracy to defraud the United States and aggravated identity theft. BANKS filed more than 250 false tax returns seeking $1.2 million in fraudulent tax refunds. Additionally, he obtained social security numbers, dates of birth, and other personal identifying information of individuals to use to file fraudulent income tax returns.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Rapid City Man and Woman Charged with Drug and Firearm CrimesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man and woman were charged in federal district court with Possession of a Stolen Firearm and Possession with Intent to Distribute a Controlled Substance.
Cory Myers, age 44, and Esmeralda Stands, age 37, were indicted on March 19, 2019. Myers was also charged with Possession of a Firearm by a Prohibited Person. Vasknetz and Stands appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the charges. The maximum penalty upon conviction is 20 years in federal prison and/or a $1,000,000 fine, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Myers and Stands knowingly possessing stolen firearms as well as methamphetamine. Law enforcement located approximately 30 firearms in a hotel room being occupied by Myers and Stands. The firearms had been reported stolen from a storage unit in Rapid City several days prior to law enforcement recovering them in the hotel room.
The charges are merely an accusation and Myers and Stands are presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Myers and Stands were detained pending trial. A trial date has been set for April 30, 2019.
Queens Man Sentenced to More than 14 Years’ Imprisonment for Six Armed Robberies in Weekend SpreesRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Sean Jack was sentenced by United States District Judge Ann M. Donnelly to 176 months’ imprisonment, to be followed by two years’ supervised release, for his participation in the gunpoint robberies of six gas stations and a convenience store in Queens, New York. In July 2018, Jack pleaded guilty to all charges pending against him.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.
“Six times in two weekends, Sean Jack and his co-defendant terrorized store employees by pointing a gun in their faces,” stated United States Attorney Donoghue. “Today’s sentence punishes the defendant for his crimes and should serve as a lesson to others that this Office and our law enforcement partners are committed to protecting the community from violent predators.”
“The defendant and his co-conspirator engaged in a brazen robbery spree that terrorized and threatened the safety of many innocent store workers and patrons,” stated ATF Special Agent-in-Charge Devito. “ATF and its partners will continue to work every day to ensure that violent individuals like Mr. Jack are brought to justice. Upon removal from society at large, they will be able to contemplate the effects of their crimes while serving substantial time in federal prison. I would like to thank the United States Attorney’s Office for their work on this case.”
“With violence and disorder reduced to historically low levels, the NYPD and our law-enforcement partners have further strengthened our focus on violent crime in our communities. By precisely targeting the small percentage of people responsible for committing much of the violence in New York, we are making the safest large city in America even safer. I commend the NYPD detectives, ATF agents and the prosecutors for the Eastern District of New York whose relentless hard work resulted in this arrest and sentencing,” stated NYPD Commissioner O’Neill.
Between September and October 2017, Jack and co-defendant Brandon Commack entered gas stations and a convenience store and shopped. After bringing their selections to the counter, one of the robbers would brandish a firearm, while the second robber would take money from the cash register. In each of the robberies, one or both of the robbers wore a wig. Commack pleaded guilty in August 2018 to one robbery and one count of brandishing a firearm during crimes of violence, and was sentenced on April 2, 2019 to nine years’ imprisonment.
The superseding indictment charged Jack with the following robberies in Queens:
- BP Gas Station, 59-36 Maurice Avenue, on September 24, 2017
- Mobil Gas Station, 69-08 Eliot Avenue, on September 24, 2017
- Shell Gas Station, 92-10 Astoria Boulevard, on September 24, 2017
- Speedway Gas Station, 134-15 Cross Bay Boulevard, on September 30, 2017
- 7-Eleven Convenience Store, 224-01 Merrick Boulevard, on October 1, 2017
- Sunoco Gas Station, 243-02 South Conduit Avenue, on October 1, 2017
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorneys Nicholas Moscow and Erin Reid are in charge of the prosecution.
The Defendant:
SEAN JACK
Age: 36
Jamaica, New YorkE.D.N.Y. Docket No. 17-CR-569 (AMD)
Project Parkersburg Update: Testing Indicates Nearly 291 Grams of Fentanyl Seized; Enough to Kill Parkersburg, Charleston & HuntingtonRead the Press Release
CHARLESTON, W.Va. – Two Parkersburg residents arrested as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin – appeared in federal court today, announced United States Attorney Mike Stuart. Jeffrey Hoyler, 56, pled guilty to conspiracy to distribute 500 grams or more of methamphetamine, while Nicholas Ryan Easton, 29, was sentenced to 30 months in prison. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, the seizure of 150 pounds of methamphetamine and, what was originally believed to be 4 pounds of heroin, have been determined to be comprised of nearly 291 grams of fentanyl. If the fentanyl in this case had made it to the streets of the Parkersburg region, nearly 150,000 West Virginians could have died.
“Enough fentanyl to kill nearly 150,000 people,” said United States Attorney Mike Stuart. “While we originally believed that we seized four pounds of heroin as part of this operation, testing has recently shown that a significant portion of the seizure was comprised of nearly 291 grams of fentanyl. This is both scary and satisfying. Scary because so many West Virginians could have lost their lives and satisfying because law enforcement was able to stop this fentanyl and shut down a major drug organization.”
Stuart continued, “This is the largest meth bust in West Virginia history – and Ohio history for that matter where the meth was physically seized. Thanks to the tremendous work of federal, state and local law enforcement in Project Parkersburg, hundreds of pounds of meth, heroin and enough fentanyl to kill more than the combined populations of Parkersburg, Huntington and Charleston were seized before hitting the streets and a large, multi-state drug organization was shut down.”
Hoyler admitted to transporting cash to Phoenix, Arizona at the direction of co-defendant Terrence McGuirk and pooling the money with co-defendants Aurelius Edmonds and Antoine Terry in order to purchase approximately 150 pounds of methamphetamine which was intercepted by the FBI in Dayton, Ohio on September 19, 2018. Hoyler faces 10 years to life in federal prison when he is sentenced on July 17, 2019.
Easton previously pled guilty in December 2018 where he admitted selling between 50 and 200 grams of methamphetamine.
Hoyler, and Easton were charged with 15 other defendants in a two-count federal indictment in October 2018. Theodore “T.J.” Gibson, Edward Marks, Amy Rake, Troy Pastorino, and Colleen Moyle have pled guilty to their roles in the conspiracy and are awaiting sentencing.
United States District Judge Irene C. Berger presided over the hearings. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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President of National Treasury Employees Union Chapter Indicted for Failing to Report Loans and DisbursementsRead the Press Release
SAN FRANCISCO - A federal grand jury handed down a three-count felony indictment charging Jonathon Ortino with making false statements to a government agency, announced United States Attorney David L. Anderson, Department of Homeland Security, Office of Inspector General (DHS OIG) Special Agent in Charge Amanda Thandi, and U.S. Department of Labor, Office of Labor Management Standards (DOL OLMS) Supervisory Investigator Kenric Michel.
According to the indictment filed March 26, 2019, and unsealed earlier today, Ortino, 45, of San Bruno, CA, was the president of the National Treasury Employees Union, Chapter 165. As the president of the union chapter, Ortino was required periodically to file documents with the U.S. Department of Labor disclosing financial information regarding the union, including loans and disbursements made to the union’s officers. The indictment alleges Ortino filed documents that knowingly omitted loans, allowances, and disbursements made by the union, at least some of the proceeds of which he received. The indictment charges Ortino with three counts of making false statements to a government agency, in violation of 18 U.S.C. § 1001(a)(2).
Ortino made his initial federal court appearance this morning before U.S. Magistrate Judge Jacqueline Scott Corley. He was arraigned, pleaded not guilty to the charges, and was released on bond. Ortino’s next appearance, a status conference before U.S. District Judge William Orrick, is scheduled for April 25, 2019.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum term of imprisonment of 5 years for each count in the indictment. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Kimberly Richardson. This case is brought as a result of an investigation by DHS OIG and the DOL OLMS.
Portland Baggage Handler Pleads Guilty to Federal Charges After Stealing Firearms from LuggageRead the Press Release
PORTLAND, Ore.—Deshawn Antonio Kelly, 27, a Portland resident and former baggage handler at Portland International Airport, pleaded guilty today to five counts of possessing a stolen firearm after he was caught stealing firearms from the checked luggage of airline passengers.
According to court documents, between August 19, 2018 and September 17, 2018, Kelly was employed as a contract baggage handler at Portland International Airport. Over a four-week period beginning August 19, 2018, Kelly stole six firearms— three 9mm pistols, two .40 caliber pistols and one .45 caliber pistol—from five different checked bags. The guns were checked by passengers traveling to and from Oregon.
On September 25, 2018, Kelly was arrested at the airport and search warrants were conducted on his person, vehicle and residence. Kelly admitted to stealing the six firearms, and told investigators where they were located.
A charge of possessing a stolen firearm carries a maximum sentence of 10 years in prison, a $250,000 fine and three years’ supervised release. Kelly will be sentenced on July 29, 2019 before U.S. District Court Judge Michael H. Simon.
This case was investigated by the FBI and the Port of Portland Police and is being prosecuted by Hannah Horsley, Assistant U.S. Attorney for the District of Oregon.
Polk County Convicted Felon Indicted for Federal Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A 32-year-old Polk County, Texas man has been indicted for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
James Vincent Chaney was named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging him with possession of an unregistered destructive device and possession of a firearm by a prohibited person.
According to the indictment, on Feb. 27, 2019, Chaney is alleged to have been found in possession of an unregistered destructive device and a firearm at his Polk County residence. Further investigation revealed Chaney had been previously convicted of forgery in 2007 in Montgomery County, Texas and as a convicted felon is prohibited from owning or possessing firearms or ammunition.
If convicted, Chaney faces up to 10 years in federal prison on each charge.
This case is being prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Special Assistant U.S. Attorney Tommy L. Coleman.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Pembroke Woman Sentenced to 72 Months for Participating in Methamphetamine Trafficking ConspiracyRead the Press Release
CONCORD - Katie Jo Waters, 29, of Pembroke, was sentenced on Tuesday to 72 months in federal prison for participating in a methamphetamine trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, between January of 2018 and May of 2018, Waters received multiple packages of methamphetamine mailed by persons in Las Vegas, Nevada. Over the same period, to pay for the drugs, Waters made 11 separate money transfers, totaling $18,700, to suppliers in Las Vegas. Postal Inspectors intercepted two of the mailed packages destined for the defendant’s address and seized a total of more than one pound of nearly pure methamphetamine. On April 11, 2018, a New Hampshire State Trooper stopped Waters and another individual in Canterbury, New Hampshire, and eventually seized more than 38 grams of methamphetamine and a Sig Sauer 9 mm. pistol from the car she was driving. Waters was arrested on federal charges on May 9, 2018.
Waters previously pleaded guilty on July 24, 2018.
“Highly pure methamphetamine has been appearing with greater frequency in New Hampshire,” said U.S. Attorney Murray. “This dangerous drug presents a serious and growing threat to public health and safety. In order to deter traffickers, we will remain vigilant in identifying, prosecuting, and incarcerating those who attempt to distribute methamphetamine in the Granite State.”
“Using the U.S. Mail to traffic illegal narcotics, such as methamphetamine, will not be tolerated,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service’s Boston Division. “We will continue to work diligently to investigate those who engage in similar conduct, focusing our efforts on keeping our customers and the U.S. Mail safe.”
“DEA is committed to bring to justice those that distribute methamphetamine,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Ms. Waters accountable for her crimes but serves as a warning that DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug out of the Granite State.”
This matter was investigated by the DEA, U.S. Postal Inspection Service, and the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorney John S. Davis. Assistant U.S. Attorney Shane B. Kelbley previously participated in this prosecution.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Passing $300 in Funny Money at Six Cedar Rapids’ Businesses Leads to Nearly Five Years in Federal PrisonRead the Press Release
A Waterloo man who passed $300 worth of counterfeit money to six Cedar Rapids businesses was sentenced on April 2, 2019, to 57 months in federal prison.
David Cummings, age 38, currently living in Waterloo, Iowa, and originally from Chicago, Illinois, received the prison term after a September 27, 2018, guilty plea to passing counterfeit currency.
In June 2018, Cummings passed counterfeit $50 bills to six Cedar Rapids businesses. Cummings had a significant criminal history, including convictions for attempted murder and armed robbery and numerous parole and probation violations.
Cummings was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cummings was sentenced to 57 months’ imprisonment. He was also ordered to make $300 in restitution. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Cummings 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 Attorneys Matthew J. Cole and Justin Lightfoot and investigated by Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-79.
Follow us on Twitter @USAO_NDIA.
Owner of Tulsa Software Company Indicted on Tax ChargesRead the Press Release
The owner of a computer software development company, who failed to pay over payroll taxes withheld from his employees’ wages and failed to file individual and corporate income tax returns, was indicted by a grand jury in Tulsa, Oklahoma, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Trent Shores. An indictment merely alleges that a crime has been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
“Earenest Grayson is an alleged dishonest employer who cheated both his employees and the United States government. As tax day approaches, I hope his story will dissuade other business owners from trying to cheat the system. Millions of honest small businesses pay their fair share of taxes to finance government operations. Unfortunately, Mr. Grayson’s choice not to do so has subjected him to criminal prosecution,” stated U.S. Attorney Shores.
Earenest J. Grayson Jr., of Tulsa, Oklahoma, was indicted for 10 counts of failing to account for or pay over to the Internal Revenue Service (IRS) payroll taxes withheld from wages paid to employees of his business, Zealcon Corporation (Zealcon), during the years 2014, 2015, and 2016. Grayson was also indicted for three counts of failing to file corporate income tax returns for Zealcon for the years 2013, 2014 and 2015, and failing to file his own income tax returns for the years 2013, 2014 and 2015.
According to the allegations in the indictment, as Zealcon’s owner, Grayson was responsible for reporting and paying over payroll taxes withheld from the wages paid to his employees. The indictment alleges that Grayson knew of this obligation and intentionally failed to account for or pay over to the IRS more than $300,000 in taxes that had been withheld from employee wages from January 2014 through June 2016. The indictment further charges that for the years 2013-2015, Grayson did not file corporate income tax returns on behalf of Zealcon or individual income tax returns for himself, despite being legally required to do so.
If convicted, Grayson faces a maximum sentence of five years in prison for each count of failure to account for and pay over payroll taxes and one year in prison for each count of failure to file a tax return. He also faces a period of supervised release, restitution, and monetary penalties.
The case was investigated by special agents of IRS-Criminal Investigation. Assistant Chief Andrew Kameros of the Tax Division is prosecuting the case, in coordination with Assistant United States Attorneys Charles M. McLoughlin and Victor A.S. Régal,
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Owner of Tulsa Software Company Indicted on Tax ChargesRead the Press Release
The owner of a computer software development company, who failed to pay over payroll taxes withheld from his employees’ wages and failed to file individual and corporate income tax returns, was indicted by a grand jury in Tulsa, Oklahoma, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney R. Trent Shores.
Earenest J. Grayson Jr., of Tulsa, Oklahoma, was indicted for 10 counts of failing to account for or pay over to the Internal Revenue Service (IRS) payroll taxes withheld from wages paid to employees of his business, Zealcon Corporation (Zealcon), during the years 2014, 2015, and 2016. Grayson was also indicted for three counts of failing to file corporate income tax returns for Zealcon for the years 2013, 2014 and 2015, and failing to file his own income tax returns for the years 2013, 2014 and 2015.
According to the allegations in the indictment, as Zealcon’s owner, Grayson was responsible for reporting and paying over payroll taxes withheld from the wages paid to his employees. The indictment alleges that Grayson knew of this obligation and intentionally failed to account for or pay over to the IRS more than $300,000 in taxes that had been withheld from employee wages from January 2014 through June 2016. The indictment further charges that for the years 2013-2015, Grayson did not file corporate income tax returns on behalf of Zealcon or individual income tax returns for himself, despite being legally required to do so.
If convicted, Grayson faces a maximum sentence of five years in prison for each count of failure to account for and pay over payroll taxes and one year in prison for each count of failure to file a tax return. He also faces a period of supervised release, restitution, and monetary penalties.
The case was investigated by special agents of IRS-Criminal Investigation. Assistant Chief Andrew Kameros of the Tax Division is prosecuting the case.
An indictment merely alleges that a crime has been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Operation Tooth Fairy Press ConferenceRead the Press Release
WHEN: Thursday, April 4, 2019 at 11:00 AM
WHERE: Wilmington Police Department
Blue Room
615 Bess Street
Wilmington, NC 28401
RALEIGH – The United States Attorney’s Office announces a press conference to discuss the sentencing of multiple defendants in a multi-year heroin and heroin/fentanyl mixture conspiracy investigation in New Hanover, Brunswick, Bladen, Duplin, and Sampson Counties. The case included one of the largest fentanyl seizures in the history of New Hanover County. The following agencies took part in the Operation: The Federal Bureau of Investigation’s Coastal Carolina Criminal Enterprise Task Force, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Marshal’s Fugitive Task Force, Wilmington Police Department Gang Unit, New Hanover, Duplin and Sampson County Sheriff’s Offices, Elizabethtown Police Department, North Carolina State Highway Patrol, and the North Carolina Department of Probation and Parole Security Threat Group.
In addition to United States Attorney Robert J. Higdon, Jr. we anticipate members of the FBI, ATF, U.S. Marshal’s Service, Wilmington Police Department, New Hanover and Duplin County Sheriff’s Offices and New Hanover County District Attorney’s Office to be present at this event.
Omaha Woman Sentenced to Prison for Laundering Drug MoneyRead the Press Release
COUNCIL BLUFFS, Iowa – On April 2, 2019, Valeria Ventura Ramirez, age 48, of Omaha, Nebraska, was sentenced to 24 months in prison to be followed by three years of supervised release for conspiracy to launder money, announced United States Attorney Marc Krickbaum. Ventura Ramirez was sentenced by United States District Court Judge Stephanie M. Rose in the United States District Court for the Southern District of Iowa.
In 2016, Ventura Ramirez was the owner and operator of Novedades Ventura, Inc., a money service business located on Leavenworth Street in Omaha. Between July and November of 2016, Ventura Ramirez utilized multiple money transfer companies, including but not limited to, MoneyGram, Western Union, Sigue, InterCambio Express, CES and Intermex, to knowingly wire drug money from the United States to Mexico on behalf of drug traffickers operating in Council Bluffs and Omaha.
This matter was investigated by the Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigations, Drug Enforcement Administration, Council Bluffs Police Department, and the Omaha Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Ohio Gamer Pleads Guilty in Swatting that Caused a DeathRead the Press Release
WICHITA, KAN. – An Ohio gamer pleaded guilty today to conspiring to set up hoax calls to Wichita police that led to what is believed to be the nation’s first death during a swatting incident, U.S. Attorney Stephen McAllister said.
Casey S. Viner, 19, North College Hill, Ohio, pleaded guilty to one count of conspiracy and one count of obstructing justice. In his plea, Viner admitted he argued with co-defendant Shane Gaskill while playing Call of Duty World War II online. Viner contacted co-defendant Tyler Barriss and asked him to swat Gaskill at 1033 W. McCormick in Wichita. Barriss was sentenced last week to 20 years in federal prison for making the hoax calls to Wichita police.
Police responded to 1033 W. McCormick believing they were dealing with a man who had shot his father and was holding his family at gunpoint. In fact, Gaskill no longer lived at the McCormick address he had given Viner and Barriss. Andrew Finch, who lived at the McCormick address, came outside to face police. As he stepped onto the porch, police told him to put up his hands. When he unexpectedly dropped his hands, he was shot and killed by a police officer.
In his plea, Viner admitted soliciting Barriss to swat Gaskill and providing Barriss with the McCormick address.
Viner admitted that when he learned of Finch’s death he performed a factory reset of his iPhone in an effort to destroy evidence of his communications with Barriss and Gaskill.
Sentencing is set for June 26. Both parties have agreed to recommend a sentence of two years on federal probation, including six months home confinement except for approved travel. A special condition prohibits Viner from taking part in gaming for two years. Viner’s cell phone will be subject to inspection by the U.S. Probation Office.
McAllister commended the FBI, the Wichita Police Department and his co-counsel Assistant U.S. Attorney Debra Barnett for their work on the case.
New York Man Pleads Guilty in Delaware Federal Court to Conspiracy to Commit CyberstalkingRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Kristian James O’Hara entered a guilty plea today to one count of conspiracy to commit cyberstalking. The guilty plea was entered this morning before the Honorable Colm F. Connolly, United States District Judge for the District of Delaware. Sentencing has been scheduled for July 23, 2019. The defendant faces a maximum five years’ imprisonment for his crime.
According to court documents and statements made in open court, O’Hara engaged in an eighteen-month course of conduct, which occurred in Delaware, New Jersey, and New York, and which involved the harassment and intimidation of a former classmate of O’Hara’s, as well as the classmate’s parents and classmate’s romantic partner. O’Hara further admitted that he also engaged in cyberstalking conduct against other victims throughout this period, including former high school classmates, office co-workers, and others who rejected his advances.
Regarding his primary victim, O’Hara’s harassment took multiple forms, including late-night food orders, spoofed phone calls, and disturbing voicemails left at the victim’s childhood home in Delaware, where O’Hara and his co-conspirator falsely claimed the victim gave O’Hara a sexually transmitted disease. Often these cyberstalking acts drew from the victim’s posted messages or information shared with the victim’s social network, of which O’Hara was a part. O’Hara escalated the conduct when, after the victim rejected romantic advances once again, he engaged in further aggressions. These last acts included signing the victim’s professional work email address up for membership at such websites as Pornhub.com, barraging the victim’s new cell phone number with spoofed calls, and posting the victim’s name, likeness, and cell phone number on a sex-chat website. Each time his victim took steps to deter him, O’Hara found new means to inject himself into the victim’s life. The persistent nature of O’Hara’s conduct caused his victim to fear leaving the victim’s home alone.
U.S. Attorney Weiss said the following, “Cyberstalking conduct like this is designed to inflict psychological damage on another person. The defendant used the Internet to exact revenge on an innocent victim by using the information posted to the victim’s social network to harass. And while the victim and victim’s family adapted their lives to evade further harassment, the defendant delighted in the harm he caused and sought to inflict maximal damage. It was only when apprehended by law enforcement that the defendant stopped the cyberstalking acts he had perpetrated for years. The defendant must be held accountable for the damage he caused to these eight victims and others.”
"Mr. O'Hara scared innocent people and disrupted their daily lives because he was blinded by his obsession. No one should feel unsafe in their own home, school, or workplace, and the FBI and our law enforcement partners hope today's guilty plea will deter others from engaging in similar criminal conduct," said acting FBI Baltimore Special Agent in Charge Jennifer L. Moore.
This case is the result of an investigation conducted by FBI Baltimore - Wilmington Cyber Task Force, which was supported by the FBI New York Cyber Task Force, Newark Cyber Task Force, and the New York City Police Department. The case is being prosecuted by Assistant U.S. Attorney Whitney Cloud.
Mobile County Woman Sentenced to One Year Probation and Ordered to Pay Restitution After Felony Conviction for Trafficking in Contraband CigarettesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Shameka Mallory, a 40 year old resident of Mobile, Alabama was sentenced to one year of probation and ordered to pay restitution in the amount of $874.42.
On December 19, 2018, Shameka Mallory entered a guilty plea pursuant to a plea agreement and admitted in open court that a cooperating citizen (CI) identified Mallory and her co-defendant, Shahid Abassi, as individuals he illegally sold cigarettes to in the past which allowed them to knowingly evade the taxes due on the cigarettes that was required by the Alabama Department of Revenue. At that time, Abassi was the owner and operator of “Quick Stop Grocery.”
The ATF set up an undercover operation designed to confirm this conduct and to show that it continued. The ATF agents used the CI to act in an undercover capacity along with an undercover law enforcement officer to sell quantities of contraband cigarettes on numerous occasions to Mallory and Abassi that did not have a visible paid cigarette tax stamp affixed. Mallory and Abassi bought the contraband cigarettes cheap and then sold them for retail prices to patrons of their store for a profit of much more than they would have received had the cigarettes been purchased lawfully and taxed by the State of Alabama prior to retail sale.
From April 13, 2018, through June 6, 2018, the CI sold approximately 520 packs of untaxed Newport cigarettes to Mallory and Abassi for various amounts of money on six different occasions while they were at their place of business called “Quick Stop Grocery,” located at 353 Cody Road, Mobile, Alabama, 36608. The tax loss to the Internal Revenue Service is $523.42. The tax loss to the State of Alabama is $351.00.
Officers of the Mobile, Alabama Police Department and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Businessman Sentenced to One Year Probation and Ordered to Pay Restitution After Felony Conviction for Trafficking in Contraband CigarettesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Sakhoeuth Khan, a 33 year old resident of Mobile, Alabama was sentenced to one year of probation and ordered to pay restitution in the amount of $1,093.05.
On December 18, 2018, Sakhoeuth Khan entered a guilty plea pursuant to a plea agreement and admitted in open court that in 2018, A cooperating citizen (CI) identified Khan as an individual he illegally sold cigarettes to in the past, which allowed Khan to knowingly evade the taxes due on the cigarettes that was required by the Alabama Dept. of Revenue.
The ATF set up an undercover operation designed to confirm this conduct and to show that it continued. The ATF agents used the CI to act in an undercover capacity along with an undercover law enforcement officer to sell quantities of contraband cigarettes on numerous occasions to Khan that did not have a visible paid cigarette tax stamp affixed.
From December 5, 2017 through May 24, 2018, the CI sold approximately 650 packs of untaxed Newport cigarettes to Khan for various amounts of money on five different occasions while Khan was at Two Lions, her place of business located at 763 Summerville Street, Mobile, Alabama. The amount of cigarettes sold to Khan exceeded 10,000. The tax loss to the State of Alabama is $438.76. The tax loss to the Internal Revenue Service is $654.29.
Officers of the Mobile, Alabama Police Department and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Business Man Sentenced to One Year Probation and Ordered to Pay Restitution After Felony Conviction for Trafficking in Contraband CigarettesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Shahid Abassi, a 42 year old resident of Mobile, Alabama was sentenced to one year of probation and ordered to pay restitution in the amount of $622.17.
On December 19, 2018, Shahid Abassi entered a guilty plea pursuant to a plea agreement and admitted in open court that a cooperating citizen (CI) identified co-defendant Shameka Mallory and Abassi as individuals he illegally sold cigarettes to in the past which allowed them to knowingly evade the taxes due on the cigarettes that was required by the Alabama Department of Revenue. At that time, Abassi was the owner and operator of “Quick Stop Grocery.”
The ATF set up an undercover operation designed to confirm this conduct and to show that it continues. The ATF agents used the CI to act in an undercover capacity along with an undercover law enforcement officer to sell quantities of contraband cigarettes on numerous occasions to Mallory and Abassi that did not have a visible paid cigarette tax stamp affixed. Mallory and Abassi bought the contraband cigarettes cheap and then sold them for retail prices to patrons of the store for a profit of much more than they would have received had the cigarettes been purchased lawfully and taxed by the State of Alabama prior to retail sale.
From April 13, 2018, through June 6, 2018, the CI sold 370 packs of untaxed Newport cigarettes to Mallory and Abassi for various amounts of money on six different occasions while they were at their place of business called “Quick Stop Grocery,” located at 353 Cody Road, Mobile, Alabama, 36608. The tax loss to the Internal Revenue Service is $372.42. The tax loss to the State of Alabama is $249.75.
Officers of the Mobile, Alabama Police Department and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Missouri Man Pleads Guilty to Providing Material Support to TerroristsRead the Press Release
Ramiz Zijad Hodzic, 44, of St. Louis County, Missouri, pleaded guilty today to one count of conspiring to provide material support to terrorists and one count of providing material support to terrorists. Hodzic appeared today before Judge Catherine D. Perry who accepted his plea and set his sentencing for June 18, 2019. Assistant Attorney General for National Security John C. Demers, U.S. Attorney Jeffrey B. Jensen for the Eastern District of Missouri and Special Agent in Charge Richard Quinn of the FBI’s St. Louis Division made the announcement.
Charged in the indictment are: Ramiz Zijad Hodzic, his wife Sedina Unkic Hodzic, and Armin Harcevic, all of St. Louis County, Missouri, Nihad Rosic, of Utica, New York, and Mediha Medy Salkicevic, of Schiller Park, Illinois. All defendants are charged with conspiring to provide material support and resources to terrorists, and with providing material support to terrorists. Ramiz Zijad Hodzic and Nihad Rosic are also charged with conspiring to murder and maim persons in a foreign country. Armin Harcevic, pleaded guilty on Feb. 25, 2019, and Mediha Medy Salkicevic pleaded guilty on March 21, 2019. The remaining defendants have pleaded not guilty. As is always the case, charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case was investigated by the St. Louis FBI’s Joint Terrorism Task Force, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), U.S. Postal Inspection Service, St. Louis Metropolitan and St. Louis County Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Matthew Drake, Howard Marcus and Kenneth Tihen of the Eastern District of Missouri and Trial Attorney Joshua Champagne of the Department of Justice’s Counterterrorism Section.
Mingo County Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
CHARLESTON, W.Va. - A Mingo County man pled guilty to a federal firearms charge, said United States Attorney Mike Stuart. Jay James Fields, 36, pled guilty to being a felon in possession of a firearm. Stuart commended the investigative efforts of the Logan County Sheriff’s Office the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Marshals Service.
On November 3, 2017, Logan County 911 Dispatch received a call regarding two suspicious individuals who left a known drug house. A Logan County Sheriff’s Deputy proceeded to the area, and identified the two individuals described by 911. The Deputy tried to speak to Fields who fled on foot with a gun in his hand. The Deputy retrieved the gun after Fields discarded it during the chase. A Deputy United States Marshal was able to apprehend Fields.
Fields faces up to 10 years in prison on the charge of being a prohibited person in possession of a firearm.
Senior United States Senior District Judge David A. Faber presided over the plea hearing. Assistant United States Attorney Chris Arthur is handling the prosecution.
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.
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Micronesian Government Official Pleads Guilty to Money Laundering Scheme Involving FCPA ViolationsRead the Press Release
A Micronesian government official pleaded guilty yesterday to a money laundering charge involving bribes made to corruptly secure engineering and project management contracts from the government of the Federated States of Micronesia (FSM), in violation of the Foreign Corrupt Practices Act (FCPA), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Sean Kaul of the FBI’s Honolulu Field Office.
Master Halbert, 44, a Micronesian citizen, pleaded guilty in Honolulu before U.S. District Judge Susan O. Mollway of the District of Hawaii to a one-count information charging him with conspiracy to commit money laundering. He is scheduled to be sentenced on July 29, 2019 by Judge Mollway.
According to his admissions at the plea hearing, Halbert was a government official in the FSM Department of Transportation, Communications and Infrastructure who administered FSM’s aviation programs, including the management of its airports. Halbert admitted that between 2006 and 2016, a Hawaii-based engineering and consulting company owned by Frank James Lyon paid bribes to FSM officials, including Halbert, to obtain and retain contracts with the FSM government valued at nearly $8 million, in violation of the FCPA. Lyon and Halbert agreed that these bribe payments would be transported from the United States to the FSM.
In a related matter, Lyon, 53, of Honolulu, Hawaii, pleaded guilty on Jan. 22 to a one-count information filed in the District of Hawaii charging him with conspiracy to violate the anti-bribery provisions of the FCPA and to commit federal program fraud. Lyon is scheduled to be sentenced on May 13.
Trial Attorney Katherine Raut of the Criminal Division’s Fraud Section is prosecuting the case. The Criminal Division’s Office of International Affairs and the U.S. Department of Transportation Office of Inspector General provided significant 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.
Michigan Fish Dealer Sentenced for Unlawful Trafficking in Michigan Lake TroutRead the Press Release
GRAND RAPIDS, MICHIGAN – John H. Cross III (Cross) and John Cross Fisheries Inc. (Cross Fisheries) were sentenced in Kalamazoo, Michigan, for trafficking in illegally transported and sold lake trout, announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Andrew Birge for the Western District of Michigan. Cross Fisheries was also sentenced for making false records about whitefish purchases.
The two defendants previously had pled guilty to one misdemeanor count of violating the Lacey Act by knowingly selling and attempting to sell in interstate commerce lake trout, when they should have known the fish was possessed and sold in violation of underlying State law, specifically Mich. Comp. Laws, Sections 324.47333 and 324.47319 which prohibit any person from marketing, possessing, or offering for sale any fish illegally taken from the relevant waters. Cross Fisheries also pled guilty to one felony count of violating the Lacey Act by knowingly making a false record and account of whitefish that was intended to be sold and transported in interstate commerce.
Cross was ordered to serve 12 months in prison – intermittently during a five year term of probation – for his role in trafficking lake trout. Cross Fisheries was sentenced to five years’ probation. Both defendants were ordered to pay $1,032,132.00 in restitution, jointly and severally, to the National Fish Hatcheries, which stock Lake Michigan with lake trout. In addition, Cross Fisheries was ordered to create and implement a compliance plan to prevent such violations from reoccurring.
"Purchasing illegally caught fish for interstate sale and then covering up the source of those fish by falsifying records is cheating, plain and simple — and where discovered, the Justice Department will seek to punish such conduct," said Assistant Attorney General Jeffrey Bossert Clark. "For three years, Cross Fisheries harmed law-abiding competitors and the American taxpayers who fund the stocking of Lake Michigan with trout, but that conduct has now come to an end."
"The federally funded stocking of fish and the regulations designed to preserve these natural and communal resources were simply treated as an opportunity for extra profit here and in other cases stemming from Operation Fishing for Funds. This was essentially stealing from competitors, the government, and ultimately the future," commented U.S. Attorney Andrew Birge.
"We are pleased to see this long-term illegal commercialization come to an end. This type of large-scale wildlife trafficking can significantly impact the sustainability of the resources we are charged to protect. This is especially relevant because we have been working for years to restore the Great Lakes fishery," said Edward Grace, Assistant Director of the Office of Law Enforcement.
According to documents filed in court, between September 2011 and October 2013, Cross and Cross Fisheries repeatedly purchased lake trout from "Fisherman A," who Defendants knew and should have known to be a tribal fisherman who fished from a boat that was converted to trap net gear at taxpayers’ expense and thus could not lawfully harvest lake trout. Cross and Cross Fisheries made and submitted records and accounts of these purchases stating that the seller was "Fisherman B" (who Defendants knew and should have known to be a licensed gillnet fisherman who could legally harvest lake trout).
Between approximately September 2011 and October 2013, Cross Fisheries, through its officers and employees, including Cross, made approximately forty-two purchases of lake trout from "Fisherman A," totaling approximately 48,498 pounds, all of which was falsely reported by Cross Fisheries on its Wholesale Fish Dealer’s Purchase Records as being from "Fisherman B’s" gillnet license, and subsequently offered for sale and sold by Cross and others in interstate commerce.
This sentencing is one of the final pending cases arising from Operation Fishing for Funds, an undercover operation run for approximately two years by Special Agents of the U.S. Fish and Wildlife Service (USFWS). This undercover operation investigated the illegal harvest and sale of fish (primarily walleye and trout) taken from the Great Lakes. As part of the investigation, USFWS agents established and operated an undercover wholesale fish business in Baraga, Michigan, named Upper Peninsula North Fish Company (UPNFC). UPNFC bought and sold fish wholesale from individuals across the region, and also sold fish retail.
The Operation has resulted in twenty-one convictions, seven in tribal courts and fourteen in federal courts. To date, over $1.6 million in total restitution has been ordered to the USFWS National Fish Hatcheries and tribal fish hatcheries; this amount reflects the funds needed to restock hatchery fingerlings necessary to replace the illegally harvested fish.
The Lacey Act, 16 U.S.C. §§ 3371-3378, prohibits trafficking in fish and wildlife or plants taken, possessed, transported, or sold in violation of underlying federal, state, foreign, or Indian tribal law. The Lacey Act also prohibits making or submitting a false label, record, or account of fish, wildlife, or plant that has been or is intended to be transported in interstate or foreign commence.
Operation Fishing for Funds was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement with assistance of the Michigan and Wisconsin Departments of Natural Resources. The prosecutions were handled by prosecutors from the Environmental Crimes Section of the U.S. Department of Justice, with assistance from the U.S. Attorney’s Offices for the Western and Eastern Districts of Michigan, and the Eastern District of Wisconsin, as well as The Grand Traverse Band of the Ottawa & Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa, and the Sault St. Marie Tribe of Chippewa Indians.
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Mexican National Man Pleads Guilty to Immigration CrimeRead the Press Release
CHARLESTON, W.Va. – A Mexican national man pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Manuel Ortiz-Sanchez, 44, will be sentenced on August 13, 2019. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police.
“Ortiz-Sanchez had two prior removals,” said United States Attorney Mike Stuart. “We have a crisis at our border and our communities and the brave men and women in law enforcement are shouldering the burden. We must stop the revolving door.”
On January 16, 2019, Ortiz-Sanchez was found in Chelyan, Kanawha County, West Virginia. West Virginia troopers had stopped a car for failure to maintain control on the West Virginia Turnpike. The driver offered a Mexican Consular notification document and the passengers, including Ortiz-Sanchez, did not have drivers licenses or other identification. The State Police contacted ICE, who spoke to the individuals telephonically in Spanish. Ortiz-Sanchez admitted being in the United States illegally. Federal agents with ICE responded to the scene and took Ortiz-Sanchez into custody. Ortiz-Sanchez immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status in the United States.
Fingerprinting matched Ortiz-Sanchez to two prior removals from the United States in 2015. In both cases, Ortiz-Sanchez was found by immigration judges to be in the United States illegally and he was deported to Mexico. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Ortiz-Sanchez further admitted to ICE agents that he was a Mexican citizen.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. Senior United States District Judge David Faber presided over the hearing.
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Mexican National Indicted for Illegally Reentering the United StatesRead the Press Release
BEAUMONT, Texas – A 34-year-old Mexican citizen has been indicted for immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Oscar Rendon-Gonzalez was named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging him with unlawful reentry of a deported alien.
According to documents filed in court, Rendon-Gonzalez was stopped for a traffic violation on IH-10 in Beaumont, Texas. A records check revealed that Rendon-Gonzalez is alleged to have a criminal conviction for indecent liberty with a child out of North Carolina and had been deported to Mexico in 2009.
If convicted, Rendon-Gonzalez faces up to 20 years in federal prison and deportation.
This case is being investigated by the Department of Homeland Security/Enforcement Removal Operations and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Juan Leobardo Martinez Reyes, age 20, and a citizen of Mexico, was sentenced today to time served (6.5 months), for the offense of illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Martinez-Reyes entered a guilty plea on February 27, 2019. Martinez-Reyes admitted as part of his guilty plea that he is a citizen of Mexico, and that he was removed from the United States to Mexico on February 7, 2018 and again on February 9, 2018. On each occasion, Martinez-Reyes had been arrested by Border Patrol in Arizona after he entered the United States without inspection from Mexico. On September 10, 2018, he was arrested by an ICE-ERO Officer in Latham, New York. A fingerprint check of Martinez-Reyes resulted in the discovery of the prior removals. Martinez-Reyes admitted that he returned to the United States without permission following the 2018 removals.
Following the sentencing, Martinez-Reyes was remanded to the custody of the Department of Homeland Security, for removal from the United States.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Pleads Guilty to Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Fernando Hernandez-Cruz, age 36, and a citizen of Mexico, pled guilty today to illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Hernandez-Cruz admitted that he is an alien from Mexico, and that he was removed from the United States to Mexico at Hidalgo, Texas, on March 11, 2016. On February 24, 2019, Hernandez Cruz was encountered as part of a group of five individuals arrested by a Border Patrol Agent just south of the international border between the United States and Canada, after they entered the United States without inspection approximately four miles east of the Fort Covington Port of Entry. A fingerprint check of Hernandez Cruz resulted in the discovery of the 2016 removal. Hernandez Cruz admitted that he returned to the United States without permission.
As a result of his conviction, Hernandez-Cruz faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Chief United States District Judge Glenn T. Suddaby on May 6, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Enters Guilty Plea for Immigration FraudRead the Press Release
ALBANY, NEW YORK – Ricardo Garcia De Jesus, age 29, and a citizen of Mexico, pled guilty today to immigration fraud.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Garcia De Jesus admitted that he possessed a counterfeit alien registration receipt card (green card) in Saratoga Springs, New York. Garcia De Jesus also admitted that he was a citizen of Mexico, and that he was in the United States unlawfully.
As a result of his conviction, Garcia De Jesus faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Lawrence E. Kahn on August 1, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Fidel Herrera-Cruz, age 39, a citizen of Mexico, pled guilty today to illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Herrera-Cruz admitted as part of his guilty plea that he is a citizen of Mexico, and that he was removed from the United States to Mexico on April 10, 2018 and again on October 28, 2018. On each occasion, Herrera-Cruz had been arrested by immigration authorities along the southwest border after he entered the United States without inspection from Mexico. On February 24, 2019, he was encountered and arrested by a Border Patrol Agent as part of a group of five individuals who had illegally entered the United States from Canada by walking across the border approximately 4 miles east of the Fort Covington Port of Entry, thereby avoiding immigration and customs inspection. A fingerprint check of Herrera-Cruz resulted in the discovery of the prior removals. Herrera-Cruz admitted that he returned to the United States without permission following the 2018 removals.
As a result of his conviction, Herrera-Cruz faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Chief United States District Judge Glenn T. Suddaby on August 7, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Massachusetts Restaurant Owners Charged with Tax FraudRead the Press Release
A federal grand jury in Boston, Massachusetts, returned an indictment charging three restaurant owners with conspiracy to defraud the United States and filing false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
The indictment charges Massachusetts residents, Ayaz Ali Shah of Dedham, Massachusetts, Muhamad Siyab Khan and Khurshed Jehan Badshah, both of Dorchester, Massachusetts, with conspiring to defraud the United States by impeding the lawful functions of the Internal Revenue Service (IRS). Shah and Badshah also are each charged with two counts of willfully filing their own false individual income tax returns for tax years 2012 and 2013. Khan is charged with two counts of aiding and assisting in the preparation and presentation of his own false and fraudulent tax returns for tax years 2012 and 2013.
According to the indictment, from 2009 through 2014, Shah, Khan, Badshah, and an unindicted co-conspirator, co-owned and operated a carry-out restaurant “New York Fried Chicken and Pizza” in Dorchester, Massachusetts. Shah, Khan, and Badshah each allegedly owned twenty percent of the business while the unindicted co-conspirator owned the other forty percent. The indictment alleges that during this time period, the co-conspirators agreed to underreport the business’s gross receipts, cost of goods sold, and net profit and to report these false amounts on Shah’s 2012 and 2013 individual income tax return, thereby concealing the business’s true partnership nature from the IRS. Khan and Badshah allegedly filed false 2012 and 2013 tax returns that failed to report their gross income.
If convicted, Shah, Khan, and Badshah face a maximum sentence of five years in prison on the conspiracy charge and a maximum sentence of three years in prison on each count of willfully filing a false tax return or aiding and assisting in the preparation and presentation of false and fraudulent tax returns. The defendants also face a period of supervised release, restitution and monetary penalties.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation, FBI, Boston Division, U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI) and the Boston Police Department, who conducted the investigations, and Trial Attorneys Thomas Voracek and Mark McDonald of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Marquette Man Pleads Guilty to Attempting to Smuggle Goods into the United StatesRead the Press Release
A Marquette, Michigan man pleaded guilty today to smuggling products into the United States using fraudulent shipping invoices, U.S. Attorney Matthew Schneider announced.
Schneider was joined in the announcement by Special Agent in Charge William P. Conway, of the U.S. Food and Drug Administration’s Office of Criminal Investigations.
Pleading guilty was Curtis Wenzlaff, 55.
According to court records, Curtis Wenzlaff operated a domestic profit corporation, Sanno Industries, Inc., out of his residence previously located in Flushing, Michigan. Wenzlaff was acting as a drop shipper for companies outside the United States and was paid to assume the risk and consequences of the U.S. government identifying, seizing, and refusing entry of products illegally imported in to the United States.
Beginning in July 2014 and continuing until April 2016, Wenzlaff was involved with smuggling into the United States products commonly used to make drugs regulated by the U.S. Food and Drug Administration. The products were falsely labeled, among other things, as blueberry extract and sunscreen lotion ingredients. Wenzlaff would accept delivery of the packages. Once a product was successfully delivered to Wenzlaff, other individuals would then provide him with instructions regarding relabeling, repackaging and shipping the product to the intended customer. Wenzlaff received in excess of $25,000 from shippers to receive and reship the packages. Defendant claims that a portion of the money received was reimbursement for shipping expenses associated with the imported product.
Wenzlaff knew that the merchandise imported into the United States was not intended for the uses he claimed on shipping documents. Even so, he knowingly received the product and then concealed it in order to facilitate the sale of the merchandise to a third party. The value of the merchandise/products illegally smuggled into the United States by Wenzlaff was in excess of $1,000,000.00.
“I commend the agents of the FDA’s Office of Criminal Investigations for their work on this case,” stated United States Attorney Schneider. “Our office is always working to protect Michigan consumers from harm, and that’s especially true in cases where people try to evade federal health and safety regulations in exchange for their own personal profits.”
“FDA regulations are in place to protect consumers and help ensure the drug products they receive are safe and effective,” said Special Agent in Charge William P. Conway, FDA Office of Criminal Investigations’ Chicago Field Office. “When unscrupulous importers attempt to evade FDA’s regulations, consumers in the U.S. are put at risk. The FDA will continue to pursue and bring to justice those who participate in fraudulent smuggling schemes to the detriment of public health.”
Wenzlaff’s plea agreement provides for an anticipated sentencing guideline range of 24-30 months’ imprisonment. Wenzlaff entered his guilty plea before U.S. District Judge Matthew Leitman in Flint, Michigan. Sentencing has been set for August 8, 2019 at 1:30 p.m..
The case was investigated by the U.S. Food and Drug Administration’s Office of Criminal Investigations and is being prosecuted by Assistant United States Attorney Nancy Abraham.
MS-13 Gang Member Pleads Guilty to Federal Racketeering Conspiracy, Including Participating in a MurderRead the Press Release
Baltimore, Maryland – Daniel Flores-Ventura, a/k/a Necio, age 26, of Aspen Hill, Maryland, pleaded guilty on April 2, 2019, to conspiring to participate in a racketeering enterprise known as La Mara Salvatrucha, or MS-13, including participating in a murder. Co-defendants Vilas Sail Argueta-Bermudez, a/k/a Happy, Little Happy, and Enchilada, age 32; Michael Campos-Lemus, a/k/a Humilde, age 25, both of Aspen Hill; and Wilians Ernesto Lovos-Ayala, a/k/a Tigre, age 26, of Woodbridge, Virginia, previously pleaded guilty to the same charge.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; Chief Edward Hargis of the Frederick Police Department; and Chief Barry M. Barnard of Prince William County, Virginia Police.
“The convictions of these four defendants, and our ongoing work with our law enforcement partners to bring other gang members to justice, demonstrate our unflagging commitment to remove MS-13 and its associated violence from our communities,” said United States Attorney Hur. “We simply will not tolerate the wanton violence that MS-13 promotes.”
MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively to engage in criminal activity and to assist one another in avoiding detection by law enforcement. In Maryland and the surrounding area, these cliques include Molinos Locos Salvatruchas (“Molinos”), Uniones Locos Salvatruchas (“Uniones”), Parkview Locos Salvatrucha (“PVLS”), Normandie Locos Salvatrucha (“NLS” or “Normandie”), Sailors Locos Salvatrucha Westside (“SLSW” or “Sailors”), Langley Park Salvatrucha (“LPS”), Weedoms Locos Salvatrucha (“Weedoms”), and Cabanas Locos Salvatruchas (“Cabanas”).
To protect the gang and to enhance its reputation, MS-13 members and associates are expected to use any means necessary to force respect from those who show disrespect, including acts of intimidation and violence. MS-13’s creed is based on one of its mottos, “Mata, roba, viola, controla,” which translates to, “kill, steal, rape, control.”
According to their plea agreements, from about 2015 Flores-Ventura, Lovos-Ayala, and Campos-Lemus were all members and associates of the Uniones clique of MS-13. Co-defendant Argueta-Bermudez was a member and associate of the Molinos clique of MS-13. The defendants admitted to participating in numerous acts in furtherance of the racketeering conspiracy, including drug sales and murder.
As detailed in their plea agreements, the defendants admitted that beginning in June or July 2015, Flores-Ventura, Argueta-Bermudez, Campos-Lemus, and Lovos-Ayala conspired to murder Victim-1, whom they believed to be a member of the rival 18th Street gang. On July 16, 2015, the conspirators lured Victim-1 from Maryland to Virginia, on the pretext that Victim-1 was going to participate in a “court,” a disciplinary beating to be administered to another individual.
Flores-Ventura admitted that he drove Victim-1 from Silver Spring, Maryland, to Woodbridge, Virginia, in order to kill Victim-1. Argueta-Bermudez and Campos-Lemus also drove to Woodbridge, Virginia, to participate in the murder. Lovos-Ayala and the other MS-13 members and associates met in a wooded location in Woodbridge, where Flores-Ventura struck Victim-1 on the head. Lovos-Ayala, Argueta-Bermudez, Campos-Lemus, and other members and associates of MS-13 then struck and stabbed Victim-1 with machetes and knives until Victim-1 was dead.
The defendants admitted that the murder of Victim-1 served to maintain or increase the status of MS-13 within the community and to maintain or increase the status of the defendants and other MS-13 members who participated in the murder.
The defendants all face a maximum sentence of life in prison. Chief U.S. District Judge James K. Bredar has scheduled sentencing for Campos-Lemus on July 24, 2019; for Argueta-Bermudez on August 19, 2019; for Lovos-Ayala on August 20, 2019, and for Flores-Ventura on August 27, 2019, all at 10:00 a.m.
United States Attorney Robert K. Hur commended HSI Baltimore, the FBI, the Frederick Police Department, and the Prince William County Police Department for their work in the investigation, and thanked Prince William County Commonwealth’s Attorney Paul B. Ebert for his office’s assistance. Mr. Hur thanked Assistant United States Attorneys Kenneth Clark, Catherine K. Dick, and Matthew DellaBetta who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Leader of ‘Nine Trey Gangsta Bloods’ Pleads Guilty to Racketeering and Narcotics Offenses in Manhattan Federal CourtRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JAMEL JONES, a/k/a “Mel Murda,” pled guilty today in Manhattan federal court to racketeering and narcotics offenses as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”). U.S. District Judge Paul A. Engelmayer presided over the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Jamel Jones admitted in open court to his involvement in Nine Trey and distributing drugs for the gang. We will continue to work with our law enforcement partners to keep our communities safe and vigorously investigate and prosecute those who bring violence and drugs into our communities.”
As alleged in the Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, MDMA, dibutylone, and marijuana.
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JONES, 38, of Brooklyn, pled guilty to one count of racketeering conspiracy for his involvement in Nine Trey, which carries a maximum sentence of 20 years in prison; and one count of participating in a narcotics distribution conspiracy, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years in prison. JONES’S sentencing has been scheduled for July 17, 2019, at 2:30 p.m. before Judge Engelmayer.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Justice Department Alleges Conditions in Alabama Men’s Prisons Violate the ConstitutionRead the Press Release
WASHINGTON – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, and fail to provide prisoners with safe conditions.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided Alabama written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees all prisoners the right to be housed in safe conditions and not be subjected to violence and sexual abuse,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result. The Justice Department hopes to work with Alabama to resolve the Department’s concerns.”
“This massive undertaking alleges constitutional troubles in the Alabama Department of Corrections which are serious, systemic, and in need of fundamental and comprehensive change,” U.S. Attorney Jay Town stated. “That being said, I have great confidence in the State of Alabama’s resolve to correct the prison system’s problems. The commitment by Governor Ivey, Commissioner Dunn, and so many others in the State’s leadership to affirmatively address these inherited issues offers great promise of our development of a meaningful remedy.”
“An extraordinary amount of time and effort was expended to investigate this matter,” said U.S. Attorney Louis V. Franklin, Sr. “Although the results of this investigation are disturbing, I look at this as an opportunity to acknowledge that the problems are real and need to be addressed immediately. We are committed to working with State officials to ensure that the Department of Corrections abides by its constitutional obligations.”
“The United States Constitution bans ‘cruel and unusual punishments’ but the conditions found in our investigation of Alabama prisons provide reasonable cause to believe there is a flagrant disregard of that injunction,” said U.S. Attorney Richard Moore. “The failure to respect the rule of law by providing humane treatment for inmates in Alabama prisons is a poor reflection on those of us who live and work in Alabama. We are better than this. We do not need to tarry very long assessing blame, but rather commit to righting this wrong and spare our State further embarrassment. The task is daunting, but one we must embrace now without reservation. I am confident that Governor Ivey and the Legislative leadership in the State of Alabama understand the nature of this inherited problem and that they are committed to sustainable solutions.”
The Civil Rights Division and the United States Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the Department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
Justice Department Alleges Conditions in Alabama Men's Prisons Violate the ConstitutionRead the Press Release
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, and fail to provide prisoners with safe conditions.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided Alabama written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees all prisoners the right to be housed in safe conditions and not be subjected to violence and sexual abuse,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result. The Justice Department hopes to work with Alabama to resolve the Department’s concerns.”
“This massive undertaking alleges constitutional troubles in the Alabama Department of Corrections which are serious, systemic, and in need of fundamental and comprehensive change,” U.S. Attorney Jay Town stated. “That being said, I have great confidence in the State of Alabama’s resolve to correct the prison system’s problems. The commitment by Governor Ivey, Commissioner Dunn, and so many others in the State’s leadership to affirmatively address these inherited issues offers great promise of our development of a meaningful remedy.”
“An extraordinary amount of time and effort was expended to investigate this matter,” said U.S. Attorney Louis Franklin, Sr. “Although the results of this investigation are disturbing, I look at this as an opportunity to acknowledge that the problems are real and need to be addressed immediately. We are committed to working with State officials to ensure that the Department of Corrections abides by its constitutional obligations.”
“The United States Constitution bans ‘cruel and unusual punishments’ but the conditions found in our investigation of Alabama prisons provide reasonable cause to believe there is a flagrant disregard of that injunction,” said U.S. Attorney Richard Moore. “The failure to respect the rule of law by providing humane treatment for inmates in Alabama prisons is a poor reflection on those of us who live and work in Alabama. We are better than this. We do not need to tarry very long assessing blame, but rather commit to righting this wrong and spare our State further embarrassment. The task is daunting, but one we must embrace now without reservation. I am confident that Governor Ivey and the Legislative leadership in the State of Alabama understand the nature of this inherited problem and that they are committed to sustainable solutions.”
The Civil Rights Division and the United States Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the Department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges Conditions in Alabama Men's Prisons Violate the ConstitutionRead the Press Release
BIRMINGHAM – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, and fail to provide prisoners with safe conditions.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided Alabama written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees all prisoners the right to be housed in safe conditions and not be subjected to violence and sexual abuse,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result. The Justice Department hopes to work with Alabama to resolve the Department’s concerns.”
“This massive undertaking alleges constitutional troubles in the Alabama Department of Corrections which are serious, systemic, and in need of fundamental and comprehensive change,” U.S. Attorney Jay Town stated. “That being said, I have great confidence in the State of Alabama’s resolve to correct the prison system’s problems. The commitment by Governor Ivey, Commissioner Dunn, and so many others in the State’s leadership to affirmatively address these inherited issues offers great promise of our development of a meaningful remedy. Assistant United States Attorneys Lane Woodke, Jason Cheek, and Carla Ward from the USAO-NDAL Civil Division have helped to lead this statewide investigation spanning nearly three years.”
“An extraordinary amount of time and effort was expended to investigate this matter,” said U.S. Attorney Louis Franklin, Sr. “Although the results of this investigation are disturbing, I look at this as an opportunity to acknowledge that the problems are real and need to be addressed immediately. We are committed to working with State officials to ensure that the Department of Corrections abides by its constitutional obligations.”
“The United States Constitution bans ‘cruel and unusual punishments’ but the conditions found in our investigation of Alabama prisons provide reasonable cause to believe there is a flagrant disregard of that injunction,” said U.S. Attorney Richard Moore. “The failure to respect the rule of law by providing humane treatment for inmates in Alabama prisons is a poor reflection on those of us who live and work in Alabama. We are better than this. We do not need to tarry very long assessing blame, but rather commit to righting this wrong and spare our State further embarrassment. The task is daunting, but one we must embrace now without reservation. I am confident that Governor Ivey and the Legislative leadership in the State of Alabama understand the nature of this inherited problem and that they are committed to sustainable solutions.”
The Civil Rights Division and the United States Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the Department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
The notice letter and report can be found at /media/999461/dl?inline?utm_medium=email&utm_source=govdelivery.
Illegal alien from Honduras sentenced to 15 months in prison for re-entering the United States five timesRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that Selvin Ponce-Hernandez, 28, of Honduras was sentenced to a year and three months in prison by Chief U.S. District Judge S. Maurice Hicks Jr. for illegally re-entering the country for a fifth time.
Lafayette Parish Sheriff’s deputies arrested Ponce-Hernandez on August 9, 2018 for domestic abuse battery, possession of a stolen firearm and resisting an officer. The defendant’s wife reported the battery and deputies found him hiding in the closet of an abandoned apartment. Ponce-Hernandez was previously removed from the United States four times - November 2008, December 2009, January 2012 and October 2015. He also has two previous criminal convictions. He was convicted in August of 2008 of criminal mischief in Houston Texas and in October 2009 in the Southern District of Texas for illegal re-entry of a removed alien. He pleaded guilty on December 20, 2018.
Homeland Security Investigations, the ATF and the Lafayette Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney David J. Ayo prosecuted the case.
Holyoke Man Sentenced for Dealing CocaineRead the Press Release
BOSTON – A Holyoke man was sentenced yesterday in federal court in Springfield for dealing cocaine.
Raul Ramos, 44, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served, six days, in prison and six years of supervised release. In February 2018, Ramos pleaded guilty to one count of distribution and possession with intent to distribute cocaine.
On Nov. 8, 2016, Ramos distributed more than 27 grams of cocaine in exchange for $1,300. The charge is a result of a federal, state, and local law enforcement investigation into drug trafficking in Springfield and Holyoke.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; and Holyoke Police Chief Manny Febo made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Hobart Resident Indicted for Dark Web Drug Sales and Money LaunderingRead the Press Release
United States Attorney Matthew D. Krueger for the Eastern District of Wisconsin announced that on April 2, 2019, a federal indictment was issued against Christopher D. Bania (age: 26) of Hobart, Wisconsin.
Bania was charged with possession with the intent to distribute controlled substances, maintaining a residence for the purpose of drug distribution, unlawful importation of controlled substances into the United States, and money laundering related to activity occurring between February of 2016 and continuing until his arrest on March 5, 2019.
According to court documents, Bania sold narcotics that included MDMA (“Ecstacy”), cocaine, DMT, ketamine, LSD, methamphetamine, heroin, MDA, cocaine base (“crack cocaine”), methaqualone, marijuana, and a variety of other controlled substances. To make his sales, Bania utilized dark web marketplaces, including Dream Market, Zion, Wall Street, Hansa, Trade Route, and Alpha Bay. Alpha Bay and Hansa were shut down by law enforcement in July of 2017.
The dark web is a part of the Internet that is unreachable by traditional search engines and web browsers. Websites on the dark web have complex web addresses generated by a computer algorithm and must be accessed using special software that is capable of connecting to “The Onion Router” network, or “TOR” for short. The TOR network is encrypted and routes internet traffic dynamically through a series of computers around the world, concealing the true Internet Protocol (IP) addresses of the computers accessing the network and thereby making internet use virtually anonymous. This perceived anonymity has led to a proliferation of criminal activity on dark web marketplaces, where users can find vendors, like Bania, offering illegal goods and services for sale.
“Drug traffickers should take note: the internet is not free from law enforcement,” said U.S. Attorney Krueger. “This case reflects an extraordinary collaboration between federal, state, and local agencies, which are committed to stopping all forms of drug trafficking in our communities.”
“Whether you are selling drugs on a street corner or selling them from a dark web vendor site, the Drug Enforcement Administration will continue investigating drug traffickers wherever they operate,” said Green Bay DEA Resident-Agent-in-Charge Christopher Hoyt. “This arrest proves that drug trafficking via the dark web is not immune from detection and prosecution.”
This case was a joint investigation of the U.S. Customs and Border Patrol, U.S. Postal Inspection Service, U.S. Drug Enforcement Administration, Wisconsin Department of Justice – Division of Criminal Investigation, the Brown County Drug Task Force, the Hobart/Lawrence Police Department, and the Oneida Police Department. It will be prosecuted by Assistant United States Attorneys Scott J. Campbell, Benjamin W. Proctor, and Daniel R. Humble.
If convicted on all charges, Bania faces up to 80 years in federal prison and over $4 million in fines.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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