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Friday 29 March 2019
Anchorage Man Sentenced for Possession of Child PornographyRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Kenny Appuallo Gregory, 29, of Anchorage, was sentenced today by U.S. District Judge Sharon L. Gleason, to serve five years in prison, followed by a 20-year term of supervised release, for possession of child pornography.
According to court documents, between April 2, 2016, and April 8, 2016, Gregory exchanged emails with an undercover law enforcement agent. In these emails, Gregory offered to share with the undercover agent a link to images and videos of child pornography. In his email, he attached a link to the Internet photo-sharing site that contained child pornography, and Gregory wrote, “And I hope you give me something nice, in return I’ll let you see my stuff. Here you go and have fun.” Gregory also sent via email a video showing the sexual molestation of a girl approximately 5 to 9 years old.
Law enforcement obtained a search warrant for Gregory’s email address. The results of the warrant contained the emails described above. Later, HSI agents contacted Gregory at his Anchorage residence and he agreed to speak with the special agents after being advised of his rights. During his interview, Gregory admitted that he was the user of the email address with whom the undercover agent was communicating. When shown the email communications, Gregory replied, “looks like you guys have it all down.” A search of Gregory’s phone revealed approximately 300 images and videos of child pornography that Gregory had downloaded through the internet.
At sentencing, Judge Gleason noted the harm that Gregory’s conduct had on the children shown in the images he possessed. Judge Gleason described the victim impact statements submitted in the case, and the victims’ inability to live normal lives knowing that individuals like Gregory are downloading, viewing, and trading videos that show the victims being sexually abused. Judge Gleason stated, “those letters always bring home the seriousness of this offense.” Judge Gleason also noted that the sentence was intended to send a message to others who might trade child pornography.
Homeland Security Investigations (HSI) conducted the investigation leading to the successful prosecution of this case. Assistant U.S. Attorney Kyle Reardon prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices nationwide and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Alabama Husband and Wife Business Owners Indicted for Payroll Tax FraudRead the Press Release
A federal grand jury sitting in the Northern District of Alabama returned an indictment yesterday charging a Crane Hill, Alabama, husband and wife with five counts of failing to pay over payroll taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Jay E. Town for the Northern District of Alabama.
According to the indictment, Walter Michael Williams and Amy Butler Williams operated Dixie Steel Erectors (DSE), a commercial construction business in Hanceville, Alabama. Walter Michael Williams, president and owner of DSE, and Amy Williams, bookkeeper and office manager of DSE, were allegedly responsible for withholding and paying over DSE’s payroll taxes. The indictment charges that during 2012 and 2013, DSE accrued payroll tax liabilities and that the Williams withheld those taxes from the pay of the business’s employees, but willfully failed to pay over the withheld amounts to the Internal Revenue Service (IRS). The indictment further alleges that, while failing to pay over payroll taxes to the IRS, Walter Michael and Amy Williams used DSE’s funds to pay for numerous personal expenses, including mortgage payments on a lake house and condominium and alimony payments.
If convicted, both Walter Michael and Amy Williams face a maximum of five years in prison for each count of failure to pay over the employment taxes. In addition, they face a period of supervised release, restitution, and monetary penalties.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Town commended special agents of IRS Criminal-Investigation, who conducted the investigation, and Tax Division Trial Attorney Allison Garnett and Assistant United States Attorney Melissa Atwood, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Alan B. Johnson sentenced DEVON MATTHEW GERLOSKY, 19, of Sundance, Wyoming on March 26, 2019 for possession of stolen firearms. Gerlosky was arrested in Cheyenne, Wyoming. He received seventy-eight months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $27,115.57. The Gillette Police Department, Campbell County Attorney’s Office, Wyoming Division of Criminal Investigation, and US Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced JAMES CHRISTOPHER WYNIA, 25, of Greybull, Wyoming on March 21, 2019 for transportation of child pornography. Wynia was arrested in Greybull, Wyoming. He received sixty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $100.00 fine. The Wyoming Division of Criminal Investigation and the US Department of Homeland Security Investigations investigated this case.
Acacia Mental Health Clinic, LLC and Its Owner, Abraham Freund, Agree to Pay over $4 million in Cash and Other Compensation to Settle the Government’s False Claims Act LawsuitRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced today that Acacia Mental Health Clinic, LLC (“Acacia”) and its owner, Abraham Freund, have agreed to pay approximately $4.1 million in cash and other compensation to the United States and the State of Wisconsin. The payments will be made to settle the government’s lawsuit alleging that Acacia and Freund violated the False Claims Act by submitting thousands of false claims to Medicaid for urine drug tests and telemedicine services. Acacia and Abraham Freund also agreed to 20-year suspensions from participation in federal healthcare programs such as Medicare and Medicaid; Abraham Freund’s son, Isaac Freund, agreed to a 5-year suspension.
Acacia operated a mental health and drug dependency clinic in Milwaukee, Wisconsin, until it ceased operations following the government’s filing of its lawsuit. Abraham Freund was the owner and chief executive of Acacia. Isaac Freund was involved in the operations of Acacia. The government alleged that Acacia, at Abraham Freund’s direction, submitted thousands of false claims to Medicaid in three fraudulent schemes:
- From January 1, 2011, through October 31, 2012, Acacia and Abraham Freund lied to Medicaid about the type of urine drug screens performed at Acacia in order to obtain additional Medicaid reimbursement to which they were not entitled. Acacia, at Abraham Freund’s direction, purchased inexpensive, simple “cup” tests for approximately $5 per cup, but then billed Medicaid as if Acacia had performed sophisticated tests that required laboratory equipment that Acacia did not possess. Acacia thus received over $200 per test instead of the $20 to which it was actually entitled.
- From November 1, 2012, through December 31, 2014, Acacia, at Abraham Freund’s direction and with Isaac’s involvement, performed medically unnecessary and duplicative urine drug tests for its Medicaid patients to obtain increased reimbursement. During this period, Abraham Freund required nearly every Medicaid patient to receive a cup test as well additional tests performed on multiple laboratory analyzers. Acacia and Abraham Freund knew that these duplicative tests served no medical purpose and billed Medicaid for these tests solely to obtain additional Medicaid money.
- From June 1, 2011, through December 31, 2014, Acacia, at Freund’s direction, submitted claims to Medicaid for telemedicine services rendered to Acacia’s patients by psychiatrists located outside the United States, in violation of Medicaid regulations.
“As a Medicaid provider purporting to treat patients suffering from mental health and drug dependency issues, Acacia saw some of the neediest patients in our state. Rather than treat them in good faith, Acacia and Abraham Freund exploited these patients as a means to bill Medicaid for unnecessary services to increase revenue,” stated United States Attorney Krueger. “This settlement will help make Medicaid whole, while also ensuring that Acacia, Abraham Freund, and Isaac Freund cannot submit more false claims to any federal healthcare program in the future.”
“Medicaid providers cannot misrepresent the services they provide in order to increase their billings,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General – Chicago Region (“HHS OIG”). “This settlement includes voluntary exclusions of Acacia, Abraham Freund, and Isaac Freund to ensure that they do not bill federal healthcare programs for misrepresented and unnecessary services in the future. The OIG will continue to work with our federal, state and local partners to protect the health and safety of Medicaid patients and vital taxpayer dollars.”
“The Federal Bureau of Investigation prioritizes the protection of taxpayers and will continue to hold accountable healthcare providers who misuse the Medicaid program,” said FBI Acting Special Agent-in-Charge Michelle Sutphin. “This multi-million dollar settlement and the exclusions of Acacia, Abraham Freund, and Isaac Freund from future participation in Medicaid show that the FBI will work to remedy and prevent Medicaid fraud.”
The government’s lawsuit followed a whistleblower lawsuit filed by Rose Presser under the qui tam provisions of the False Claims Act. Consequently, Ms. Presser will recover a share of the settlement amount.
Assistant United States Attorney Michael Carter represented the government in this matter. The FBI, HHS OIG, and the Wisconsin Department of Justice Medicaid Fraud Control & Elder Abuse Unit assisted in the investigation. The settlement agreement states allegations only; the defendants do not admit liability for the allegations.
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- From January 1, 2011, through October 31, 2012, Acacia and Abraham Freund lied to Medicaid about the type of urine drug screens performed at Acacia in order to obtain additional Medicaid reimbursement to which they were not entitled. Acacia, at Abraham Freund’s direction, purchased inexpensive, simple “cup” tests for approximately $5 per cup, but then billed Medicaid as if Acacia had performed sophisticated tests that required laboratory equipment that Acacia did not possess. Acacia thus received over $200 per test instead of the $20 to which it was actually entitled.
19 Indicted for Methamphetamine Trafficking and Firearms OffensesRead the Press Release
LONDON, Ky. – A federal grand jury has indicted 19 individuals from Laurel, Knox, Whitley, and Jefferson Counties, on drug trafficking and firearm offenses, in indictments that were unsealed today. The following individuals were named in the indictments:
• Jonathan Harper, 27, Louisville, Kentucky;
• Derwin Julien, 25. Louisville;
• Daniel Nantz, 29, Woodbine, Kentucky;
• Lawrence Collinsworth, 36, Gray, Kentucky;
• Cortez Evans, 27, Louisville;
• Tasha Wernicke, 36, Corbin, Kentucky;
• Jordan Britt, 29, Louisville;
• Scott Hensley, 37, Corbin;
• Amy Mosley, 41, Bernstadt, Kentucky;
• Lindsey Rose, 30, Williamsburg, Kentucky;
• Darryl Moore, 46, Corbin;
• Thorold Johnson, 27, Corbin;
• Bobby Hamilton, 38, Pineville, Kentucky;
• Rickie Eubanks, 41, Corbin;
• Charles Warfield, 50, Artemus, Kentucky;
• Eddie Hoskins, 39, Corbin;
• David Lowe, 37, Gray;
• Justin Collins, 30, Corbin; and
• Ralph Jones, 56, Barbourville, Kentucky.
The indictments stem from a nine-month investigation by the ATF, into methamphetamine and firearms trafficking. According to the indictments, the defendants engaged in a conspiracy to distribute methamphetamine in and around Laurel, Knox, and Whitley Counties. The indictments further allege that defendants trafficked firearms, used firearms during their drug trafficking transactions, and illegally possessed firearms.
The charged individuals are each awaiting their initial appearance in federal court.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Stuart Lowrey, Special Agent in Charge ATF, jointly made the announcement.
The investigation was conducted by the ATF, with substantial assistance from the Corbin Police Department, Knox County Sheriff’s Department, and Kentucky State Police. The United States is represented by Assistant United States Attorney Jenna E. Reed.
An indictment by a grand jury is an accusation only, and individuals charged in an indictment are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Thursday 28 March 2019
Vicksburg Felon Pleads Guilty to International Gun Trafficking ConspiracyRead the Press Release
Jackson, Miss. – Maurice Taylor, 33, of Vicksburg, Mississippi, pled guilty today, before Senior U.S. District Court Judge Tom S. Lee, to conspiracy to violate the Arms Export Control Act and to being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst, Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans.
Maurice Taylor carried out a scheme in which he shipped stolen firearms from Mississippi to a co-conspirator in London, England. He prepared two separate packages containing stolen firearms concealed within children’s toys, and mailed the packages to London, in violation of the Arms Export Control Act. DNA evidence confirmed that Taylor, who is a convicted felon, was one of the people who handled the firearms. The firearms had been stolen days earlier during a burglary of a pawn shop in Natchez, Mississippi. Taylor texted with his co-conspirator messages and photographs of the guns he would mail, and received back from London confirmation numbers for wired payments for the guns, through a mobile phone application. After the London Metropolitan Police arrested Taylor’s partner, the LMP seized his phone and several firearms from his car. Evidence of the communications and the electronic payments were retrieved from the co-conspirator’s phone.
Taylor also pled guilty being a convicted felon in possession of firearms. He has prior felony convictions for burglary and grand larceny in Sharkey County, Mississippi. Taylor will be sentenced on July 11, 2019, by Judge Lee, and faces a maximum penalty of five years in prison as to the Conspiracy charge and ten years in prison as to the charge of being a felon in possession of a firearm. Taylor stands to receive up to a $250,000.00 fine for each charge.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, and the London Metropolitan Police Service. It is being prosecuted by Assistant United States Attorneys Theodore M. Cooperstein and Charles W. Kirkham.
United States Files Lawsuit Against California State Water Resources Control Board for Failure to Comply with California Environmental Quality ActRead the Press Release
The Department of Justice and the U.S. Department of the Interior (DOI) today filed civil actions, in both federal and state court, against the California State Water Resources Control Board for failing to comply with the California Environmental Quality Act (CEQA).
On Dec. 12, 2018, the California State Water Resources Control Board (the Board) approved and adopted amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento–San Joaquin Delta Estuary (amended plan) and the related Substitute Environmental Document (SED). According to the complaint, the Amended Plan fails to comply with CEQA and, once implemented, will impair DOI’s ability to operate the New Melones Dam consistent with Congressional directives for the project.
“The environmental analysis by the California State Water Resources Control Board hid the true impacts of their plan and could put substantial operational constraints on the Department of the Interior’s ability to effectively operate the New Melones Dam, which plays a critical role in flood control, irrigation, and power generation in the Sacramento region,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “The Department of Justice will continue to advocate on behalf of our federal partners, especially when it comes to the proper application of federal and state environmental laws.”
“As stated in our letter to the Board on July 27, 2018, today’s lawsuit affirms the Bureau of Reclamation’s continued opposition to the State Water Board plan. The plan poses an unacceptable risk to Reclamation’s water storage and power generation capabilities at the New Melones Project in California and to local recreational opportunities,” said Bureau of Reclamation Commissioner Brenda Burman. “We pledge our commitment to environmentally and economically sound water management for California’s farms, families, business, and natural resources, and the American public as a whole.”
CEQA is a California statute which requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. The lawsuits filed today allege that in approving the amended plan and final SED, the Board failed to comply with the requirements of CEQA in a number of ways:
- The Board failed to provide an accurate, stable and finite project description, because the Board analyzed a project materially different from the project described in the project description;
- The Board improperly masked potential environmental impacts of the amended plan by including carryover storage targets and other reservoir controls – mitigation measures – in its impacts analysis and by not analyzing the impacts of the amended plan on the environment without reservoir controls; and
- The Board failed to adequately analyze the impacts of the amended plan, including with respect to water temperature and related water quality conditions, and water supply.
As alleged in the lawsuits, the United States will be directly and substantially impacted by the Board’s actions, which impacts include, but are not limited to, operational constraints on the New Melones Project, loss of available surface water supplies for New Melones Project purposes, including Central Valley Project (CVP) water service contracts, and involuntary dedication of federal reservoir space for Board purposes.
The New Melones Dam is a federally owned Reclamation facility and a component of the federal CVP. The Dam stores water under permits issued by the State of California, and delivers water from storage to irrigation and water districts under contracts entered into under federal reclamation law. The lawsuits further allege that the new flow objectives will significantly reduce the amount of water available in New Melones reservoir for meeting congressionally authorized purposes of the New Melones Project, including irrigation, municipal and industrial purposes, power generation, and recreational opportunities at New Melones. The reduced water available for New Melones Project purposes would also impair Reclamation’s delivery of water under contracts it presently holds with irrigation and water districts.
The United States is represented in this action by Assistant Attorney General Clark and United States Attorney McGregor W. Scott; with lead counsel Stephen M. Macfarlane, Romney Philpott, Erika Norman of the Natural Resources Section; and Kelli L. Taylor of the U.S. Attorney’s Office for the Eastern District of California.
U.S. Postal Service Employee Charged with Stealing a Gift CardRead the Press Release
PITTSBURGH - A resident of Washington, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of theft of mail by a postal employee, United States Attorney Scott W. Brady announced today.
The one-count Indictment, returned on March 26, named Robert Thurman, 32, as the sole defendant.
According to the Indictment, on or about August 2, 2018, Thurman was an employee of the United States Postal Service and stole a gift card that was intended to be conveyed by mail.
The law provides for a maximum total sentence of not more than five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Bond of $5,000 unsecured has been requested.
Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.
The U.S. Postal Service-Office of Inspector General (USPS-OIG) conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney’s Office for the Eastern District of Washington Collects $8,186,767 in Civil and Criminal Actions for Victims of Crime and U.S. Taxpayers in Fiscal Year 2018Read the Press Release
Spokane, Washington – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that the Eastern District of Washington collected $8,186,767 in criminal and civil actions in Fiscal Year 2018. Of this amount, $1,750,262 was collected for victim restitution in criminal actions and $6,436,504 was collected in civil actions.
Additionally, the U.S. Attorney’s Office for the Eastern District of Washington worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $2,489,999 in civil cases pursued jointly by these offices.
As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending September 30, 2018. The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices across the nation.
U.S. Attorney Harrington stated, “Today’s announcement is a testament to the diligent work of the United States Attorney’s Office for the Eastern District of Washington. It also sends a strong message that the United States Attorney’s Office will aggressively undertake efforts to ensure that victims are wholly restored, restitution and fines are paid in full, and civil financial obligations are satisfied.”
“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice. The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” said Director James A. Crowell, IV, Executive Office for U.S. Attorneys.
Examples of criminal and civil collections by the Eastern District of Washington in fiscal year 2018 include:
•Full recovery of restitution to victims in multiple Project Safe Childhood cases, such as United States v. Craig Morgenstern and United States v. Jeffrey Wint;
•Writ of execution sales of three properties resulting in nearly $1,000,000 in restitution and fine recoveries, plus additional civil collection of approximately $340,000 to the IRS and nearly $100,000 to local tax authorities in the matter United States v. J. Scott Vrieling;
•$3.2 million paid by Washington Closure Hanford, LLC in resolution of False Claims Act litigation in connection with small business subcontracts in connection with the Department of Energy’s Hanford nuclear site; and
•$2,489,999 paid by the State of Alaska in resolution of False Claims Act litigation involving States and their private consultants employing improper quality control practices with respect to their SNAP (food stamp) programs.
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.
U.S. Attorney's Office Hosts Statewide Project Safe Neighborhoods Gang and Violent Crime Prevention SummitRead the Press Release
LAS VEGAS, Nev. – As part of the U.S. Attorney’s Office Project Safe Neighborhoods initiative, United States Attorney Nicholas A. Trutanich hosted a statewide gang and violent crime prevention summit in Las Vegas today for local, state, tribal, and federal law enforcement, prosecutors, victims services, and community partners to discuss gang and youth violence prevention.
“Project Safe Neighborhoods is one of the most effective crime prevention tools in the Department of Justice’s toolshed to reduce violent crime,” said U.S. Attorney Trutanich for the District of Nevada. “The U.S. Attorney’s Office and our partners are committed to the same critical mission - securing the right of all Nevadans to live free from violent crime.”
More than 150 law enforcement officers from several different agencies throughout the state, community leaders, and stakeholders attended the daylong summit. Presenters and panelists covered topics including: developing positive community relationships in neighborhoods, proven practices for gang prevention and intervention, utilizing social media to identify gang activity and recruitment, and discussions of potential approaches and solutions to violent crime. Attendees also heard from community and faith based leaders who discussed the need for community involvement in preventing and stopping violent and gun crimes.
As a result of the Project Safe Neighborhoods initiative, violent crime in Henderson went down 12.5%; Las Vegas went down 27%; and Reno went down 4%, according to the 2017 FBI’s Uniform Crime Report. The U.S. Attorney’s Office, with the assistance of local, state, tribal, and federal law enforcement partners, has prosecuted 525 firearms-related cases since Fiscal Year 2016.
Fiscal Year
Firearms-Related Cases
Number of Defendants
October 1, 2018 to Present
160
176
October 1, 2017 to September 30, 2018
137
148
October 1, 2016 to September 30, 2017
140
149
October 1, 2015 to September 30, 2016
88
90
Project Safe Neighborhoods (PSN) is 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 SoCal Men Named in 19-Count Indictment Alleging Chinese Money Funded Inland Empire Marijuana Grow HousesRead the Press Release
LOS ANGELES – A federal grand jury today returned a 19-count felony indictment charging two men with participating in a scheme where nine residential homes in San Bernardino County were purchased, mostly with money wired from China, and then the homes were converted into illegal marijuana grow houses.
Lin Li, a.k.a. Aaron Li, 37, of Chino, the U.S.-based coordinator of the alleged scheme, and Jimmy Yu, 44, of Pasadena, an alleged grow house caretaker, have been charged with conspiracy to manufacture, distribute, and possess with intent to distribute marijuana, and to maintain a drug-involved premises. Li and Yu are scheduled to be arraigned on the charges on April 4 in United States District Court.
According to the indictment, unindicted co-conspirators wired millions of dollars from China to bank accounts controlled by Li, a real estate agent. Li allegedly then used straw buyers, shell companies, straw tenants, fake utility subscribers, and phony leases to disguise the properties’ illegal purpose of housing commercial marijuana grows.
For example, in relation to one of the homes, an affidavit filed with a criminal complaint in the case describes how a straw buyer purchased a Chino Hills residence for $782,000 in 2015. The straw buyer was named as chief executive officer of a Li-established limited liability company, and that LLC received a $1 million wire transfer from a Hong Kong-based investment group. The vast majority of the purchase price of the house was then wired from the LLC’s bank account, the affidavit states. Li allegedly received a commission check as the realtor for the sale and also served as the home’s property manager. In early 2018, a neighbor complained to law enforcement about the “overwhelming” smell of marijuana coming from the Chino Hills home and how no one seemed to live there, court papers state.
Li also has been charged with nine counts of knowingly and intentionally possessing with intent to distribute marijuana plants – 4,342 marijuana plants in total – and nine counts of knowingly maintaining a place for the manufacturing and distribution of marijuana. Yu faces five counts of possession with intent to distribute marijuana plants and five counts of maintaining a place for the manufacturing and distribution of marijuana. Ben Chen, 42, of Alhambra, who also allegedly took care of the marijuana grows, is being charged separately. The indictment also seeks the forfeiture of eight properties – five in Chino, two in Chino Hills, and one in Ontario – that allegedly were used in the marijuana grow house scheme.
If convicted, each defendant faces a statutory maximum sentence of life in federal prison and a mandatory minimum sentence of 10 years in prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This matter is the result of a 14-month investigation initiated by the San Bernardino County Sheriff’s Department which later was joined by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
This case is being prosecuted by Assistant United States Attorneys Carley Palmer of the Organized Crime Drug Enforcement Task Force Section and Jonathan Galatzan of the Asset Forfeiture Section.
Two Men Plead Guilty to Immigration CrimesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that two men pled guilty to immigration crimes before United States District Judge Irene Berger in Beckley. Both men entered guilty pleas to the felony offense of Reentry of a Removed Alien and are scheduled to be sentenced on July 10, 2019.
“The crisis on the border is exacerbated by illegal entrants repeatedly being deported only to come back again,” said United States Attorney Mike Stuart. “We’re spending considerable taxpayer dollars and prosecutors’ time on illegal reentry cases that reduce the time we have to prosecute other crimes. This is a growing problem.”
On February 1, 2019, Luis Figueroa-Zuniga, 44, a Honduran national, was found in Ronceverte, Greenbrier County, West Virginia. Federal agents with ICE had received a tip that he was working illegally at a restaurant. ICE agents investigated and located Figueroa-Zuniga leaving his residence to travel to the restaurant. ICE agents requested identification from him. Figueroa-Zuniga immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status. ICE agents took Figueroa-Zuniga into federal custody. Fingerprinting matched Figueroa-Zuniga to a prior removal from the United States in 2005. Figueroa-Zuniga was found by immigration judges to be in the United States illegally and was deported to Honduras. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Figueroa-Zuniga further admitted to ICE agents that he was a Honduran citizen.
On January 22, 2019, Samuel Hernandez-Hernandez, 31, a Mexican national, was found in Beaver, Raleigh County, West Virginia. Federal agents with ICE had received information that Hernandez-Hernandez was incarcerated in the prison facility and was not a United States citizen. Agents confirmed this information and they lodged a detainer against him. ICE agents further confirmed Hernandez-Hernandez was not in the country legally by speaking with him telephonically. Hernandez-Hernandez immediately admitted that he was not in the United States legally and had no identification documents permitting him legal status. Fingerprinting matched Hernandez-Hernandez to two prior removals from the United States in 2015 and 2016. Hernandez-Hernandez was found by immigration judges to be in the United States illegally and was deported to Mexico. He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Hernandez-Hernandez further admitted to ICE agents that he was a Mexican citizen.
The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE). Assistant United States Attorneys Erik S. Goes and Stefan Hasselblad are responsible for the prosecution.
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Two Charged in Complex Payment Processing Fraud SchemeRead the Press Release
PITTSBURGH - A resident of San Juan, Puerto Rico, and a resident of Point Roberts, Washington have been indicted by a federal grand jury in Pittsburgh on charges of conspiracy to commit mail fraud, wire fraud, and bank fraud, United States Attorney Scott W. Brady announced.
The one-count superseding Indictment, returned on March 26, named Lancelot De Montsegur, aka Patrice Berthome, 38, of San Juan, Puerto Rico, and Steven Juliver, 54, of Point Roberts, Washington, as defendants.
According to the superseding Indictment, De Montsegur and Juliver were involved in a complex fraud that involved fraudulently processing credit card payments. The credit card companies will not allow their products and services to be used to pay for certain precluded activities, including the on-line sales of recreational and designer drugs, kratom, and CBD oil. De Montsegur and Juliver participated in a conspiracy designed to conceal from the credit card companies the fact that De Montsegur, Juliver and their co-conspirators used their products and services to pay for precluded activities and to subvert the internal controls the credit card companies had in place to detect and prevent this type of activity.
The fraud involved establishing shell corporations and websites associated with the shell companies that falsely claimed that they sold a product other than designer drugs, kratom, or CBD oil. The conspirators then applied for PayPal, Stripe, Square, or merchant accounts from the credit card companies in the names of the shell corporations and the fake web sites. Once the accounts were established, they were used to process payments for designer drugs, kratom, or CBD oil. Additionally, the conspirators arranged for the credit card statements sent to the consumers to have the names of the shell corporations and telephone numbers. The conspirators set up a telephone bank to receive calls from customers questioning billings on their credit card statements, and the conspirators explained to the customers the true nature of the transactions in hopes of avoiding charge-backs that could cause the credit card companies to question the legitimacy of the transactions.
The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Brendan T. Conway and Jeffrey R. Bengel are prosecuting this case on behalf of the government.
The Food and Drug Administration Office of Criminal Investigations and Homeland Security Investigations conducted the investigation leading to the Superseding Indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Tuba City Man Sentenced to 42 Months for Illegally Possessing Firearms and AmmunitionRead the Press Release
PHOENIX – This week, Joshua Felkins, of Tuba City, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 42 months of imprisonment, to be followed by three years of supervised release. Felkins had previously pleaded guilty to being a felon in possession of firearms and ammunition.
On May 24, 2017, Navajo tribal law enforcement and the Federal Bureau of Investigation conducted a search of Felkins’ residence in Tuba City, pursuant to a federal search warrant. Inside the residence, officers and agents found two firearms and dozens of rounds of ammunition. At the time of the search, Felkins had previously been convicted of felony offenses in both California and New Mexico. Accordingly, he was legally prohibited from possessing firearms and ammunition.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
CASE NUMBER: CR-18-08129-PCT-DLR
RELEASE NUMBER: 2019-040_Felkins
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Truck Driver Guilty of Threatening to Assault Five BP AgentsRead the Press Release
CORPUS CHRISTI, Texas – A 49-year-old Weslaco man has entered a guilty plea to one count of threatening to assault a federal law enforcement officer while engaged in the performance of official duties, announced U.S. Attorney Ryan K. Patrick.
On Dec. 20, 2018, Daniel Campos Jr. entered the primary inspection lane of the U.S. Border Patrol Checkpoint located near Falfurrias driving a tractor trailer. While there, Border Patrol (BP) agents attempted to question him, at which time Campos became hostile, argumentative and refused to answer questions.
During this exchange, a BP canine alerted to the vehicle. As a result, authorities directed Campos to secondary inspection for further processing. While attempting to get him to proceed there, Campos yelled, cursed and refused to comply with the agents request. Campos eventually relented and proceeded to secondary inspection.
At secondary, he continued to yell, shouting, homophobic remarks and threatened five BP agents. Specifically, he threatened to kick the BP canine in the nose, said he would engage in inappropriate conduct with the agents’ mothers and threatened to harm the agents if he saw them outside of their uniforms.
At today’s hearing, Campos admitted he threatened the agents, acknowledging he did so in order to intimidate, impede and interfere with the agents’ investigation. He also confirmed the threat occurred as a result of the agents performing their official duties as BP agents.
U.S. District Judge Nelva Gonzales Ramos accepted the plea and set sentencing for June 27, 2019. At that time, Campos faces up to six years in federal prison and possible $250,000 maximum fine.
Campos will remain in custody pending that hearing.
The FBI conducted the investigation. Assistant U.S. Attorney Jeremy C. Fugate is prosecuting the case.
Three Houston Men Charged in Various Houston Violent CrimesRead the Press Release
HOUSTON – A federal grand jury has returned two separate indictments charging a total of three men in two armed crime sprees of Houston-area commercial businesses, announced U.S. Attorney Ryan K. Patrick. In one instance, two juveniles working at a Subway restaurant were robbed at gunpoint. The cases are being investigated and prosecuted as part of the recently announced Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Crime Gun Strike Force.
Devante Blackmon, 19, is set to make his initial appearance before U.S. Magistrate Judge Frances H. Stacy at 10:00 a.m. today. He is charged in the armed robbery of a local Dollar Tree store along with Stafford Polk, 22. Polk is considered a fugitive and a warrant remains outstanding for his arrest.
Blackmon and Polk are charged with armed robbery and using firearms in during crimes of violence.
Both are charged with Feb. 22, 2019, armed robbery of the Dollar tree store located at 5360 West 34th Street, in Houston. The defendants allegedly pointed a gun at several store employees and stole money before fleeing as the police arrived.
Blackmon is charged with two additional robberies of local cell phone stores. On May 20, 2018, Blackmon allegedly confronted a store employee who was working at the Metro PCS store located at 7303 Breen Drive in Houston. The indictment alleges Blackmon brandished the weapon and robbed the employee of money and cellular phones at gunpoint. On June 15, 2018, Blackmon also allegedly committed the armed robbery of the Boost Mobile store located at 12151 Northwest Freeway in Houston. Again, Blackmon allegedly brandished his gun and stole money and cellular phones at gunpoint.
In a separate, but similar case, Russell Pittman aka Randon Booth, 26, of Houston, allegedly committed three separate armed robberies of commercial businesses, including robberies of a Subway restaurant and two cell phone stores, during which he stole U.S. currency and cellular phones before fleeing.
On Feb. 15, 2018, Pittman allegedly confronted two juveniles who were working at the Subway restaurant located at 10086 Long Point Road in Houston. The indictment alleges Pittman brandished the weapon and robbed the employees of money at gunpoint.
The indictment alleges Pittman committed another armed robbery of the Boost Mobile store located at 2323 South Kirkwood in Houston. Again. He brandished his gun and stole money and cellular phones at gunpoint, according to the charges. Less than a month later, he allegedly also robbed the Cell Phone Zone located at 7111 Harwin Drive in Houston. During that robbery, Pittman pointed the gun at several store employees and stole money and cellular phones, the charges allege.
Pittman appeared in federal court March 18, 2019, at which time Judge Stacy ordered be held in custody pending further criminal proceedings.
Pittman and Blackmon are bot charged with three counts of interference with commerce by robbery and three counts of using and brandishing a firearm during and in relation to a crime of violence. Polk is charged with one count each of the same crimes.
If convicted, the defendants faces up to 20 years in federal prison for the robbery charges. The firearm offenses alleged in the robberies carry a mandatory minimum term of seven years to life for each offense, which must run consecutively to any other sentence imposed. Each conviction also carries the possibility of a $250,000 maximum fine.
ATF and Houston Police Department conducted both investigations, now part of the ATF Crime Gun Strike Force. Assistant U.S. Attorney Steve Mellin is prosecuting the cases.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Three Cleveland men indicted on firearms chargesRead the Press Release
Three Cleveland men were indicted on firearms charges.
Leandre M. Jeter, 29 possessed a Palmetto State Armory PA-15 rifle and a RG Industries .22-caliber revolver on January 25, despite a previous convictions for aggravated robbery with a firearm specification and being a felon in possession of a firearm, according to the indictment.
Aaron Stallworth, 30, possessed a Taurus 9 mm firearm and 45 rounds of ammunition on November 23, 2018, despite a previous conviction for felonious assault, according to the indictment.
Roger Patrick, 29, possessed a SCCY 9 mm firearm and 10 rounds of ammunition on November 25, 2018, despite previous convictions for robbery with a firearm specification and drug trafficking, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Police. The cases are being prosecuted by Assistant U.S. Attorneys Kelly L. Galvin and John C. Hanley.
An indictment is only an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Boston Men Charged with Armed Robberyof Brockton Cell Phone StoreRead the Press Release
BOSTON – Three Boston men were charged yesterday in federal court in Boston in connection with the robbing a T-Mobile store in Brockton and shooting at police officers as they fled the scene.
Diovanni Carter, 29, Darius Carter, 28, and Stephan Rosser-Stewart, 26, were indicted yesterday on charges of interference with commerce by robbery; conspiracy to interfere with commerce by robbery; discharging, brandishing, using and carrying a firearm during the commission of a crime of violence; and being felons in possession of firearms and ammunition. The defendants were previously charged by the state. The Court has not yet scheduled an arraignment date.
On Jan. 26, 2019, Darius Carter and Rosser-Stewart entered a T-Mobile store in Brockton at approximately 7:11 p.m. It is alleged the men were carrying a semi-automatic firearm, which they pointed at the store manager as they demanded cash and electronics. Darius Carter struck the store manager in the head with a firearm as he demanded that the manager open the door to a rear room with a large safe containing cell phones and cash. The men allegedly stole approximately $25,000 in cash and electronics, left the store, and fled in a getaway vehicle driven by Diovanni Carter, who is alleged to be the leader of the group and orchestrated the plan.
Brockton Police responded and located the getaway vehicle. A high speed chase ensued that reached over 70 mph in residential neighborhoods. During the chase, Darius Carter and Rosser-Stewart allegedly fired nine rounds at the pursuing police cruisers.
Law enforcement apprehended Darius Carter and Rosser-Stewart and recovered the stolen phones, cash, and three firearms used in robbery. The defendants were wearing clothes consistent with those worn in store video surveillance. Diovanni Carter remained a fugitive until March 5, 2019, when he was apprehended by law enforcement.
All of the charged defendants were prohibited from possessing firearms and ammunition due to prior criminal convictions.
The charge of interference with commerce by robbery provides for a sentence of no greater than 20 years in prison, five years of supervised release, and a fine of up to $250,000. The charge of being a felon in possession of ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of use of a firearm during the commission of a crime of violence provides for a sentence of up to life in prison, and a mandatory consecutive term of imprisonment ranging from five years for the possession of a firearm, seven years for the brandishing of a firearm, and 10 years for the discharge of a firearm. 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; John Gibbons, U.S. Marshal of the District of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Plymouth County Sheriff Joseph D. McDonald Jr.; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorneys Philip Mallard and John Wortmann of Lelling’s Organized Crime and Gang Unit are prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make 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.
The details contained in the indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Texas Man in Custody on Charges of Tax EvasionRead the Press Release
VICTORIA, Texas – A grand jury has returned a 12-count indictment against a local man, alleging multiple counts of tax evasion and illegally structuring financial transactions for the purpose of evading reporting requirements, announced U.S. Attorney Ryan K. Patrick.
Corey Campbell Boucher surrendered to federal agents without incident this morning. He is expected to make his initial appearance before U.S. Magistrate Judge B. Janice Ellington at 2:00 today.
The indictment includes five counts of making a false material statement on his individual income tax returns for tax years 2012 - 2016. For each of those years Boucher allegedly knew he had received significantly more income than the amount stated in his U.S. Individual Income Tax Return.
The indictment also charges Boucher with seven counts of structuring financial transactions for the purpose of evading reporting requirements. On seven occasions between Sept. 16, 2014, and Aug. 17, 2016, Boucher allegedly broke up large cash deposits into multiple smaller deposits conducted on the same day for the purpose of evading federal reporting requirements, according to the charges.
If convicted, Boucher faces up to three years in federal prison for each count of tax evasion and a maximum of five years for each count of structuring. Each of the charges also carry a possible $250,00 maximum possible fine.
IRS – Criminal Investigation conducted the investigation. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
An indictment or information is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Texas Woman Sentenced to Two Years in Prison for FederalRead the Press Release
ALBUQUERQUE – Selma Morales, 55, of Lubbock, Tex., was sentenced today in federal court in Santa Fe, NM, to 24 months of imprisonment followed by three years of supervised release for her conviction on a wire fraud charge arising from a scheme to defraud her employer. Morales also was ordered to pay $924,311 in restitution to her former employer.
According to court records, from May 2009 through May 2015, Morales engaged in a scheme to defraud her former employer, a law firm headquartered in Lubbock with offices in Albuquerque, Hobbs and Las Cruces, NM, of more than $550,000, which she used for unauthorized personal charges and expenditures. At the time, Morales was the law firm’s financial manager and bookkeeper.
Morales pleaded guilty in Sept. 2017, and admitted abusing her position as a trusted, high-level employee who managed the law firm’s day-to-day finances to perpetuate her fraudulent scheme. She acknowledged having access to the law firm’s bank accounts and credit cards in connection with her employment, and using the law firm’s credit cards to pay for personal expenses, including meals, groceries, car repairs, car and home insurance, property taxes, funeral expenses for a relative, clothing, sports apparel and equipment, designer products, jewelry, and plastic surgery. She also used the law firm’s credit cards to pay for family vacations and travel (including trips to San Francisco, Calif., Seattle, Wash., and Las Vegas, Nev.), entertainment (including season tickets to college athletic events, concerts and NBA playoff tickets), apartment rental payments, and college tuition payments. Morales also used her position as well as information about her employer to conceal her fraudulent activity.
The case was investigated by the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorneys Margaret M. Vierbuchen and Brandon L. Fyffe.
Statement by Attorney General William P. Barr on U.S. Attorney Jessie Liu’s Appointment as Chairwoman of the Attorney General’s Advisory CommitteeRead the Press Release
Attorney General William P. Barr issued the following statement:
“Today, I am pleased to announce that I am appointing Jessie Liu as chairwoman of the Attorney General's Advisory Committee of United States Attorneys (AGAC). Jessie Liu, an outstanding attorney with broad experience, is widely-respected, within the Department. She currently leads more than 300 prosecutors at our nation's largest U.S. Attorney’s office. Jessie will be an integral part of our leadership at the Department. We will all benefit from her universally-regarded expertise and dedication to public service. I would also like to thank Richard Moore, U.S. Attorney for the Southern District of Alabama, for his outstanding tenure as chair of the AGAC, and his contributions to the management of the Department. He will remain a key advisor on the committee.”
Starks felon sentenced to 18 months in prison for possessing three firearms, ammunitionRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that Ronald Joseph Guillory, 45, of Starks, Louisiana, was sentenced Monday to 18 months in prison by U.S. District Judge Donald E. Walter for possessing a shotgun, a rifle, a pistol and ammunition.
When Calcasieu Parish Sheriff’s officers responded to a disturbance on April 6, 2018 at a home near Vinton, Louisiana, they found Guillory sitting inside of his truck in the driveway. After the officers approached the vehicle, they noticed drug paraphernalia and arrested Guillory. They found a Stevens .16-gauge single-shot shotgun, a Marlin .22-caliber semi-automatic rifle, a Cobra .380-caliber semi-automatic pistol and ammunition on the back seat. Guillory admitted to the officers he was in possession of the weapons. Under federal law, Guillory is not allowed to possess a firearm or ammunition as a convicted felon. He was convicted of simple burglary in February of 2007. He pleaded guilty in federal court on November 15, 2018.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods 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 reductions in crime.
The ATF and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Kelly P. Uebinger prosecuted the case.
Sacramento Man Indicted for Mailing Threatening Communications, Hoax Letters Containing White Powder, and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against Darnell Ray Owens, 32, of Sacramento, charging him with mailing threatening communications, hoaxes involving biological weapons, and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Owens allegedly sent threatening letters via U.S. mail to individuals and organizations, using the return addresses of people he knew. Two letters contained white powder.
According to the indictment, on July 10, 2018, Owens mailed a letter to the pastor of a church in Dallas, Texas, which said in part, “I will assassinate your pastor in the name of Allah, I will burn down Christian churches … This is a threat.”
According to the indictment, on October 20, 2018, Owens sent a letter to Sacramento television station Fox 40 KTXL with threats to kill four employees. The letter stated in part, “Allah has commanded me to burn down the news station with fire and murder anyone who comes out with a gun … This is a threat and a promise.”
According to the indictment, On March 14, 2019, Owens mailed a letter to an elected official in Sacramento. It stated, “I knew you was going to not charge those corrupt racist cops. You have failed this city and the people. So I am making a threat on your life, I will assassinate you with a bullet to your head, you will not survive I will watch your body shake as the life in you leaves.”
In addition, the indictment charges Owens with sending two letters containing white powder under circumstances where the recipient may have reasonably believed that the letters contained a biological agent or toxin for use as a weapon. The letter to the church in Texas contained white powder and the other letter containing white powder was sent to the Sacramento County Department of Revenue Recovery. Owens allegedly sent the hoax letters using the identities of other persons, an action which would constitute aggravated identity theft.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the City of Sacramento Police Department. Assistant U.S. Attorney Shea J. Kenny is prosecuting the case.
Owens is in custody after being arrested in Tulsa, Oklahoma on March 22, 2019. He is awaiting transfer to the Eastern District of California.
If convicted, Owens faces a maximum statutory penalty of five years in prison for each of the threat and hoax counts, and a mandatory statutory penalty of two years in prison for each aggravated identity theft count, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Retired Navy Service Member Pleads Guilty to Attempted Enticement of Minors to Engage in Sexual Activity and Possession of Child PornographyRead the Press Release
Orlando, Florida– United States Attorney Maria Chapa Lopez announces that Charles S. Leis (48, Tampa) has pleaded guilty to attempted enticement of minors to engage in sexual activity and possession of child pornography. Leis faces a mandatory minimum penalty of 10 years, and up to life, in federal prison for the attempted enticement count and up to 10 years in federal prison for the possession offense. A sentencing date has not yet been set.
According to the plea agreement, on October 24, 2018, an FBI special agent in Orange County, Florida initiated an undercover investigation within an online chat group that alluded to “family fun.” Leis joined the chat group and initiated conversations with the undercover agent, who identified himself as the father of two girls, ages 9 and 11. During the span of several days, Leis solicited sex, including oral, vaginal, and anal sex, from the minors. In that process, Leis distributed images of child pornography to the “father” in an effort to prove that he was “real” about his intent to engage the “girls” in sexual activity. Leis made plans to meet the “girls” in Tampa on November 2, 2018. However, on that date, the agent could not find Leis at the agreed upon location.
Further investigation revealed that around the same time (October 2018), Leis had been in contact with another FBI agent through another chat group. That undercover agent was acting as the father of 6 and 7-year-old girls. Leis also distributed child pornography to that agent and requested to have sexual intercourse with his “children.”
On November 29, 2018, FBI agents executed a search warrant at Leis’s residence in Tampa and seized his computer. The computer had depictions of girls between 3 and 10 years of age engaged in sexually explicit conduct.
This case was investigated by the Federal Bureau of Investigation and the Naval Criminal Investigative Service. It is being prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Francis D. Murray.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Philadelphia Man Convicted at Trial of Trafficking Cocaine Near SchoolRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Carlos Ramos, 34, of Philadelphia, was convicted yesterday by a federal jury of one count of attempted possession with intent to distribute 500 grams or more of cocaine, one count of possession with intent to distribute cocaine, and one count of possession with intent to distribute cocaine within 1,000 feet of an elementary school.
On September 11, 2018, U.S. Postal Inspectors intercepted a suspicious priority mail package at the Philadelphia mail distribution center. After receiving a court-ordered search warrant, law enforcement opened the package and discovered over one kilogram of cocaine inside the package. On September 13, 2018, law enforcement conducted a controlled delivery of the priority package, which also contained a court-authorized GPS tracker and beeper device inside of it. The package was hand-delivered to the defendant, Carlos Ramos. A few minutes after delivery, the beeper went off, indicating that the priority mail package had been opened. When law enforcement knocked on the door, no one responded. A law enforcement officer conducting surveillance in the rear of the house observed an arm in a white jacket reach out of a second floor window and throw a white package out of the window into the backyard of the adjoining property. Law enforcement retrieved the package from the adjacent yard. Upon entry into the house, law enforcement encountered Ramos exiting the rear bedroom on the second floor and wearing a white jacket. A sweep of Ramos’ hands with a black light revealed the presence of theft detection powder on Ramos’ hands. Agents found the opened priority mail package, a knife, and some of the plastic wrapping material at the top of the stairs. The home is across the street from an elementary school.
“The defendant received over one kilogram of cocaine in the mail when he lived across the street from an elementary school,” said U.S. Attorney McSwain. “He clearly has no respect for the rule of law as well as a total disregard for the safety of our children. We are grateful that the jury held him accountable for his crimes.”
The case was investigated by the U.S. Postal Inspection Service and the Philadelphia Police Department, and the case is being prosecuted by Assistant United States Attorneys Justin Ashenfelter and Frank A. Labor III.
Philadelphia Business Owner Indicted for Multi-Million Dollar Fraudulent Loan SchemeRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Gary Frank, age 48, of Philadelphia and Bala Cynwyd, Pennsylvania, was charged today by indictment with wire fraud, bankruptcy fraud, and money laundering, stemming from a massive fraudulent loan scheme.
According to the indictment, for over a decade, the defendant executed a complex and sophisticated scheme to defraud numerous victims. The defendant owned and operated a Bala Cynwyd business named the Legal Coverage Group, Ltd., which contracted with employers desiring to offer a legal plan to their employees as part of their employee benefits plans. It is alleged that the defendant tricked his victims into believing that the Legal Coverage Group was a rapidly growing leader in the legal plan industry, generating hundreds of millions of dollars of annual revenue and employing hundreds of individuals. In reality, however, the Legal Coverage Group experienced virtually no growth from approximately 2006 through 2017, generating only several thousand dollars of annual revenue. Through this fraud, the defendant allegedly obtained over $30 million in loans, which he used to live an extravagant lifestyle.
According to the indictment, the defendant’s largest victims were banks and financial institutions, which loaned the Legal Coverage Group millions of dollars based upon the defendant’s fraudulent misrepresentations and false documents that he created. The defendant also allegedly deceived many individuals and other entities, including several of his close friends, his company’s staff members, its advisors, customers, vendors, and local charities.
“This Office takes allegations of financial fraud and loan fraud very seriously,’ said U.S. Attorney McSwain. “As alleged, the defendant obtained millions of dollars from lenders and friends, only to spend it on his lavish personal lifestyle. My Office will continue to work with our law enforcement partners to protect innocent individuals and businesses from being victimized by fraud.”
"This defendant allegedly lived high on the hog for over a decade by fraudulently misrepresenting his business practices and prowess," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "The FBI will continue to diligently investigate and hold accountable those foolish enough to engage in financial fraud."
If convicted, the defendant faces a maximum possible sentence of 935 years imprisonment, full restitution, a fine, and a period of supervised release.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Patrick J. Murray.
An indictment, information or complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Oak Grove woman pleads guilty to distributing methamphetamineRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that Sedonnia Axl Lee Bass, 28, of Oak Grove, Louisiana, pleaded guilty Wednesday before U.S. District Judge Donald E. Walter for distributing methamphetamine.
According to the guilty plea, a West Carrol Parish Sheriff’s deputy responded to a domestic violence call on November 25, 2018 at an Oak Grove residence. The deputy approached a vehicle parked in the driveway and made contact with Bass, who was sitting in the driver’s seat. She told the deputy that she had not seen the altercation and would not say why she was there. While talking with Bass, the officer noticed that she was trying to conceal something near the center console. When Bass identified herself, the deputy recognized her name and knew that she had active warrants for her arrest and placed her under arrest. A search of the car revealed a black bag containing small baggies, a scale, a spoon and a pink glass-smoking pipe wrapped in a handkerchief on the floorboard area of the driver’s side. The deputy also found a clear plastic bag between the center console and the driver’s seat containing 117.0549 grams of methamphetamine. After questioning Bass at the station, she admitted the methamphetamine was hers and that she sells methamphetamine in and around the Oak Grove area.
Bass faces up to 10 years to life in prison, at least five years of supervised release and a $10 million fine. The court set the sentencing date for July 1, 2019.
The DEA, West Carroll Parish Sheriff’s Office and Oak Grove Police Department conducted the investigation. Assistant U.S. Attorney Tennille M. Gilreath is prosecuting the case.
Navajo Man Sentenced to 20 Years Prison for Aggravated Sexual Abuse by ForceRead the Press Release
PHOENIX– On March 26, 2019, Frankie Nez, 38, of Sanders, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 20 years in prison, followed by life time supervised release. Nez had previously pleaded guilty to aggravated sexual abuse by force.
On Feb. 25, 2018, Nez forced his way into the elderly victim’s home and sexually assaulted her. Nez and the victim are enrolled members of the Navajo Nation.
The investigation in this case was conducted by the Navajo Nation Police Department and Federal Bureau of Investigation. The prosecution was handled by Kiyoko Patterson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-18-08090-PCT-SPL
RELEASE NUMBER: 2019-038_Nez
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Navajo Man from Shiprock Sentenced ToRead the Press Release
ALBUQUERQUE – This morning a federal judge in Albuquerque, NM, sentenced Thomas M. Navaho, 26, an enrolled member of the Navajo Nation who resides in Shiprock, NM, to 51 months of imprisonment based on his previously entered guilty plea to an assault charge.
Navaho was convicted of assaulting a Navajo man on April 27, 2018, on the Navajo Indian Reservation in San Juan County, N.M. Court documents reflect that Navaho punched, kicked, choked, and threatening to kill the victim because he believed the victim called the police regarding a fight Navaho previously had with another person. The victim sustained serious bodily injuries, including bleeding on the brain, a broken rib, lacerations requiring stitches and a wound to his left hand which became infected and required surgery, as the result of the assault.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Minnesota Man Sentenced for 2 Dane County Bank RobberiesRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Robert L. Minette, 32, Shakopee, Minnesota, was sentenced to nine years in federal prison today by U.S. District Court Judge William Conley on two counts of aiding and abetting bank robbery and one count of brandishing a firearm. Minette entered a guilty plea to these charges on January 15, 2019.
This case involves a series of nine bank robberies that were planned by Jonathan Thompson. The bank robberies—in Madison, Middleton, Sun Prairie, and Fitchburg, Wisconsin — occurred between January 8 and February 22, 2018. Minette, Kiefah Marbra, and Thompson were indicted by a federal grand jury for these bank robberies on May 30, 2018. Minette was involved in the first two robberies; Marbra was involved in the next eight robberies; Johnson planned the robberies and was the getaway driver.
Thompson chose the banks and dropped off Marbra and Minette, who would enter the bank, brandish a gun, and demand money. After the robberies, Thompson would drive them back to his apartment where he would divide the proceeds.
In sentencing Minette, Judge Conley remarked that in light of his criminal history, when Minette was released from prison he “doubled down” by then committing two bank robberies. Judge Conley noted that even after the dye pack went off during the first robbery, Minette committed a second robbery and that must be considered in terms of the risk that he poses.
On January 15, 2018, Marbra pled guilty to the eight bank robberies that he was involved in and one count of brandishing a firearm. Thompson was convicted on January 30, 2019, after a three-day jury trial, of all nine bank robberies and one count of brandishing a firearm.
Marbra is scheduled to be sentenced on April 16, 2018. Thompson is scheduled to be sentenced on April 24, 2019. They both face a mandatory minimum penalty of seven years and a maximum penalty of life in prison.
The charges against Thompson are the result of an investigation by the Federal Bureau of Investigation, Madison Police Department, Middleton Police Department, Sun Prairie Police Department, Fitchburg Police Department, and Dane County Sheriff’s Office. The Dane County District Attorney’s Office also assisted in this case. The prosecution of the case is being handled by Assistant United States Attorneys Corey Stephan and Dan Graber.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Mineral County man admits to role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Michael Corey Alt, of Elk Garden, West Virginia, has admitted to his involvement in a drug distribution conspiracy, United States Attorney Bill Powell announced.
Alt, age 34, pled guilty to one count of “Conspiracy to Distribute Methamphetamine.” Alt admitted to working with others to distribute methamphetamine from August 2017 to June 2018 in Mineral, Hardy, and Hampshire Counties and elsewhere.
Alt faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, The West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
Michigan man charged with fraudulently obtaining nearly $12 million in VA construction contracts in Cleveland and Michigan by falsely claiming the company receiving the contracts was owned by a disabled veteranRead the Press Release
A Michigan man was charged with fraudulently obtaining nearly $12 million in government construction contracts in Cleveland and Michigan by falsely claiming the company receiving the contracts was owned by a disabled veteran.
William Kozerski, 62, of Bloomfield Hills, Michigan, was charged via criminal information with one count of wire fraud.
According to the information filed in federal court in Cleveland:
Congress established the Service-Disabled Veteran-Owned Small Business Program to help service-disabled veterans by setting aside certain contracts for small businesses majority owned and controlled by service-disabled veterans
CA Services was a construction company based in Michigan. Kozerski and CA Services held out that a service-disabled veteran was the owner and primary manager of CA Services when, in fact, the disabled veteran was not.
Kozerski, between 2007 and 2015, fraudulently claimed CA Services met the requirements of the Service-Disabled Veteran-Owned Small Business Program in order to obtain approximately $11.8 million in contracts for work at VA Medical Centers in Cleveland, Detroit and Ann Arbor.
If convicted, the defendant’s sentence will be determined by the Court after review of factors uniqueto this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation was conducted by Department of Veterans Affairs, Department of Veteran Affairs – Office of Inspector General, the Defense Criminal Investigative Service -- Office of the Inspector General and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Chelsea Rice and Robert Kern.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Michigan Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BECKLEY, W.Va.—United States Attorney Mike Stuart announced today that a Michigan man pled guilty to a federal drug charge. D’Andre Lee Mathis, 27, of Mount Clemens, Michigan, pled guilty to aiding and abetting the distribution of oxymorphone. The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force.
“Out-of-state drug dealers, particularly from Michigan and Ohio, have infiltrated West Virginia via the Detroit Mountaineer Express,” said United States Attorney Mike Stuart. “I am working with the United States Attorneys in Ohio and Michigan to try to end this diabolical flow of drugs into West Virginia. We are doing everything possible to send them packing – by way of a federal prison.”
Mathis admitted that on June 9, 2017, he distributed three oxymorphone pills to a confidential informant in Alderson after his co-defendant, Cody Reed Godfrey, helped set up the deal. He further admitted that he was responsible for distributing, or possessing with intent to distribute, dozens of oxymorphone pills in Greenbrier County. Mathis faces up to 20 years in prison when he is sentenced on July 24, 2019. Godfrey previously pled guilty to distribution of oxymorphone and was sentenced to 18 months in prison in August of 2018.
Assistant United States Attorney John File is handling the prosecution. United States District Judge Irene C. Berger presided over the plea hearing.
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Members of Fraudulent Prescription Drug Ring in St. John the Baptist Parish Plead GuiltyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that SHALLON DAVIS DUNMILES, together with LASHONDA MELANCON, DANYELLE TUCO, ANDREA STALKS, EBONY STEWART, CORTAZ WILLIAMS, and DANIELLE ANDERSON, have pled guilty on Wednesday, March 27, 2019 to charges stemming from their arrest in St. John the Baptist Parish last year. WILFRED PERRILLOUX pled separately on an earlier date.
According to Court documents, DUNMILES, a former employee at a medical clinic in Laplace, Louisiana and MELANCON pled guilty to conspiracy to possess and possess with the intent to distribute illicitly obtained prescription medications, including dextroamphetamine/Adderall, a Schedule II drug controlled substance, and promethazine with codeine, a Schedule V drug controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 846. The investigation revealed that during the course of the conspiracy, DUNMILES wrote approximately 148 fraudulent prescriptions using her former employer’s prescription pad. Together with MELANCON, DUNMILES distributed the prescriptions, often in exchange for money. The maximum penalty that DUNMILES and MELANCON face for the conspiracy to distribute is twenty years of imprisonment, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment.
PERRILLOUX, STALKS, STEWART, TUCO, WILLIAMS, and ANDERSON all pled guilty to conspiracy to acquire or obtain possession of the prescription medication by misrepresentation, fraud, forgery, deception, or subterfuge, in violation of Title 21, United States Code, Sections 843(a) and 846. The investigation revealed that these individuals were all involved with obtaining the fraudulent prescriptions from DUNMILES and MELANCON. The maximum penalty that they face is up to four years imprisonment, a $250,000 fine, and up to one year of supervised release.
The Court set sentencing hearings in this matter for April 25, 2019 for PERRILLOUX, June 26, 2019 for DUNMILES, MELANCON, and STALKS, and July 10, 2019 for STEWART, TUCO, WILLIAMS, and ANDERSON.
U.S. Attorney Peter G. Strasser also praised the work of the St. John the Baptist Parish Sheriff’s Office Special Operations Division and the Drug Enforcement Administration’s Tactical Diversion Squad (TDS) in investigating this matter. Assistant United States Attorney Shirin Hakimzadeh is in charge of the prosecution.
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Massillon man indicted for selling heroin, methamphetamine and other drugs over the dark web, as well as on firearms charges and for operating a drug houseRead the Press Release
A Massillon man was indicted for selling heroin, methamphetamine and other drugs over the dark web, as well as on firearms charges and for operating a drug house.
Landon Thomas Willoughby, 25, was indicted on one count each of conspiracy to distribute controlled substances, attempted distribution of methamphetamine, distributing controlled substances by means of the Internet, maintaining a drug-involved premises and possession of firearms in furtherance of drug trafficking.
According to the indictment:
Willoughby conspired with others to create accounts on dark net marketplaces such as Dream Market and Empire Market, from which he sold heroin, methamphetamine, Xanax, Klonopin and Valium. He used encryption and Virtual Private Networks in an effort to protect the anonymity of the conspirators.
Willoughby utilized the U.S. postal system and private carriers for distributing drugs. He used digital currency such as Bitcoin to launder the drug profits.
The conspiracy took place between October 2018 and February 25, 2019, according to the indictment.
He used the location at 533 Tremont Avenue SW, Upper, in Massillon to manufacture, distribute and store methamphetamine and other drugs. He possessed a Hi Point 380 pistol, a Mossberg 20-gauge shotgun and a Smith & Wesson pistol on February 25 in furtherance of drug trafficking, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the U.S Postal Inspection Service, Homeland Security Investigations, the Federal Bureau of Investigations and the Massillon Police Department. It is being prosecuted by Assistant U.S. Attorneys Segev Phillips and Matthew Cronin.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Man Pleads Guilty to Kidnapping, Conspiracy Charges After Using Grindr to Target Gay Men for Violent CrimesRead the Press Release
Michael Atkinson, 24, pleaded guilty today to kidnapping and conspiracy charges in connection with his involvement in a scheme using Grindr to target gay men for violent crimes, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox and Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division.
“The Department of Justice will continue to protect individuals and communities from violence based on sexual orientation or gender identity,” said Assistant Attorney General Eric Dreiband. “The Department will continue to bring perpetrators of hate crimes to justice.”
“The Northern District of Texas will not tolerate criminals who single out victims based on their sexual orientation,” said U.S. Attorney Erin Nealy Cox. “Unfortunately, this is not the first time we’ve seen despicable crimes committed on apps like Grindr. I want to urge the public to be vigilant online and recognize the dangers that are lurking there.”
“Michael Atkinson targeted the victims in this case because of their sexual orientation. Hate crimes affect not only the victims, but also have a devastating impact on their families and an entire community,” said Michael Schneider, Acting Special Agent in Charge of the FBI Dallas Division. “The FBI works tirelessly with our federal, state, and local partners to thoroughly investigate many types of hate crimes, hold the perpetrators accountable for their actions, and bring justice to the victims.”
According to his plea papers, Mr. Atkinson admitted to joining a conspiracy to use Grindr, a social media dating platform, to lure gay men to areas around Dallas, including a vacant apartment, for robbery, carjacking, kidnapping, and hate crimes.
On Dec. 11, 2017, Atkinson reached out to one co-conspirator and asked to join the conspiracy.
Following this conversation, Atkinson brought a loaded handgun to a vacant apartment where the victims were being held captive. Upon arriving, Atkinson learned that a co-conspirator had sexually assaulted at least one of the victims and that a co-conspirator had wiped human feces and urinated on another victim.
Atkinson remained with the conspirators and allowed a co-conspirator to use his handgun to hold victims in the apartment against their will. Atkinson and a co-conspirator then took one of these victims at gunpoint to the victim’s home in an attempt to steal the victim's property.
According to the plea papers, Atkinson witnessed a co-conspirator assault one victim and call the victim gay slurs. In addition, Atkinson admitted to going to local ATMs to withdraw cash from the victims’ accounts.
Atkinson faces a maximum statutory penalty of life in prison for the kidnapping charge and five years in prison for the conspiracy charge, and a fine of up to $250,000 with respect to each offense. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
The FBI’s Dallas Field Office conducted the federal investigation with the assistance and cooperation of the Dallas Police Department. Assistant U.S. Attorney Nicole Dana of the Northern District of Texas and Trial Attorneys Rose E. Gibson and Kathryn Gilbert of the Justice Department’s Civil Rights Division are prosecuting the case.
Read the indictment release here.
Major marijuana trafficker sentenced to federal prisonRead the Press Release
SAVANNAH, Ga: A California man who supplied large amounts of marijuana for a drug trafficking operation across the country has been sentenced to eight years in federal prison.
Daniel Martin, a/k/a “Whiteboy,” 38, of Roseville, Calif., was sentenced by United States District Court Judge William T. Moore Jr. to 96 months in prison and a $30,000 fine after pleading guilty to Conspiracy to Possess with Intent to Distribute and Conspiracy to Distribute 50 Kilograms or More of Marijuana, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After completion of his sentence, Martin will serve an additional three years of supervised release. There is no parole in the federal system.
Martin has two prior marijuana-related convictions in California and Ohio. He was one of 20 defendants indicted in August 2017 in Operation Five Hole, a multi-agency investigation targeting an extensive drug trafficking organization that used the sale of marijuana to finance cocaine purchases for further distribution. The traffickers shipped cash proceeds hidden in candy machines to hubs in Atlanta and California, with conspirators transporting large amounts of marijuana and cocaine to Savannah by U.S. Mail and in vehicles with hidden compartments.
During this investigation, agents seized eight firearms, more than 200 pounds of marijuana, multiple kilograms of cocaine, and hundreds of thousands of dollars in cash.
The ringleader of the drug trafficking organization was alleged to be Eugene “Poncho” Allen, who directed the distribution network using smuggled contraband phones despite currently serving a life sentence for murder in a Georgia state prison.
“From thousands of miles away in California, Daniel Martin took part in a scheme that distributed massive amounts of illegal narcotics here in our community,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “But distance isn’t a factor when investigators and prosecutors are determined to bring these merchants of misery to justice.”
“Despite prior felony convictions, Martin continued to plague our communities with drugs and the crimes that result from it,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “With eight years to spend in federal prison without the possibility of parole, hopefully he will come to the realization that his actions need to change. If not, rest assured the FBI and our law enforcement partners will go to every length to uphold the law.”
“It’s time we put a stop to those in prison from enriching themselves and others through violence and drugs,” said Eastern Judicial Circuit District Attorney Meg Heap. “I want to thank the U.S. Attorney Bobby Christine and his staff for their role in this conviction.”
Chatham-Savannah Counter Narcotics Team Director Everett Ragan said, “CNT prides itself in operations like this. It shows we stand united with our local, state, and federal partners to enforce drug laws and we are not restricted by borders.”
This investigation was conducted by the FBI, the Chatham County Narcotics Unit (CNT), the Savannah Police Department, the Chatham and Effingham County Sheriffs’ Offices, the U.S. Postal Inspection Service and the U.S. Marshals Service as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which is the premier law enforcement unit whose task is to dismantle multi-jurisdictional drug trafficking organizations. The cases are being prosecuted by Special Assistant United States Attorney/Assistant District Attorney Noah Abrams, and Assistant United States Attorneys Greg Gilluly and Frank Pennington.
Lyric Shooter Sentenced to 10 years in PrisonRead the Press Release
OXFORD – A Memphis, Tennessee man was sentenced to 10 years in federal prison on Thursday afternoon for being a convicted felon in possession of ammunition. Desmond Bowen pled guilty to a federal firearms offense in November of 2018, stemming from his role in a shooting that occurred inside the Lyric Theater in Oxford, Mississippi on April 27, 2018. An announcement regarding Bowen’s sentence was made by Joseph Frank, Supervisory Special Agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives in Oxford, and U.S. Attorney William C. Lamar.
Information presented as part of the case against Bowen showed that he attended a party at the Lyric Theater in April on Double Decker Weekend when a fight broke out inside the theater. Bowen fired a shot upward, which hit the underside of a balcony, ricocheted, and struck a patron. Officers collected a .25 auto caliber shell casing from the scene along with an attendee’s video, which depicted Bowen shooting a firearm.
In sentencing Bowen to the maximum possible ten year sentence along with three years of supervised release, U.S. District Judge Michael P. Mills called Bowen a “risk to the public” and noted the senselessness of Bowen’s acts in discharging the weapon within the crowded Lyric theater.
U.S. Attorney William C. Lamar announced the sentence and reiterated the commitment of his office to hold accountable those who threaten the safety of the community through lawless and reckless acts. Lamar remarked, “We are committed to doing everything possible to keep our neighborhoods, towns and cities safe. We will always seek to hold accountable those individuals who threaten the safety and security of our communities and citizens through illegal and reckless conduct. The discharge of a weapon inside a crowded public place demonstrates a reckless disregard for the safety of others. In the instant case, the individual discharging the gun was prohibited by law from even possessing a firearm or ammunition. We will continue to work diligently with our local, state and federal partners to enforce the federal firearms laws and to see that individuals who violate those laws are held accountable.”
The investigation was the culmination of a joint Federal and State investigation into the shooting with the Oxford Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by AUSA Clyde McGee.
Lorain man indicted on child pornography chargesRead the Press Release
A Lorain man was indicted on child pornography charges.
Dylan T. Flanigan, 46, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
Flanigan knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. This took place in November 2018, according to the indictment.
The indictment also charges that on or about February 22, 2019, Flanigan possessed a computer which contained child pornography.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Danielle K. Angeli following an investigation by the Federal Bureau of Investigation and the Brunswick Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Long-Time Redmond, Washington Investment Advisor Pleads Guilty to Defrauding Investors of more than $3 MillionRead the Press Release
A long-time investment advisor in Redmond, Washington pleaded guilty today in U.S. District Court in Seattle to defrauding some 15 investors of more than $3 million, announced U.S. Attorney Brian T. Moran. DENNIS GIBB, 72, the President and owner of Sweetwater Investments Inc., pleaded guilty to wire fraud and falsification of records with the intent to obstruct a matter within the jurisdiction of the Securities and Exchange Commission (SEC). Simultaneously, GIBB and Sweetwater investment entered into a consent decree with the SEC liquidating the Sweetwater Income Flood LP Fund and barring GIBB from further investment activity. Chief U.S. District Judge Ricardo S. Martinez scheduled sentencing in the criminal case for June 28, 2019.
“Sadly, this defendant sold his investors a dream of a safe retirement, representing that he would use a sophisticated investment strategy, including investing in government bonds, to produce stable returns. Instead, Dennis Gibb used investor funds to pay business expenses for Sweetwater Investments, as well as mortgage and car payments and other living expenses,” said U.S. Attorney Brian T. Moran. “He told investors there was $7.8 million in the fund – the reality was there was less than $2 million. The investors no longer have the safe retirement income they were promised.”
According to the criminal case filings and the SEC consent decree, GIBB created Sweetwater Income Flood Limited Partnership, a private fund Gibb managed, in 2008. As early as 2007, he began soliciting investors for the fund targeting those who wanted steady retirement income in the near future. According to the SEC between 2007 and 2018, about 20 investors put about $7.3 million into the fund. GIBB secretly transferred more than $3.1 million from the fund for his own expenses. To hide his theft, GIBB sent investors falsified quarterly account statements. When the SEC began an examination of the Sweetwater Investments in May 2018, GIBB provided false records to examiners indicating the fund had been liquidated.
In his plea agreement GIBB agrees to forfeit a money judgment in the amount of $3,197,401. Gibb will also owe full restitution for the amount he stole. The government will recommend that any money collected on the money judgment go toward the defendant’s restitution obligation. The SEC is ordering GIBB to liquidate the approximately $1.8 million remaining in the Income Flood Fund and provide it to the SEC for disbursement to victims.
Wire fraud is punishable by up to 20 years in prison. Falsification of records is punishable by up to three years in prison. Prosecutors have agreed to recommend no more than 78 months in prison. The court is not bound by the recommendation, the sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by the SEC and the FBI. The case is being prosecuted by Assistant United States Attorney Matthew Diggs.
The SEC order is available here.
Liverpool Business Owner Pleads Guilty to Money Laundering and Maintaining a Drug-Involved PremisesRead the Press Release
SYRACUSE, NEW YORK – Jayesh Patel, age 49, of Liverpool, New York, pled guilty to engaging in a monetary transaction in criminally derived property, and to maintaining a drug-involved premises, announced United States Attorney Grant C. Jaquith and Jonathan D. Larsen, Acting Special Agent in Charge Internal Revenue Service Criminal Investigation (IRS-CI), New York Field Office.
Patel, co-owner of the Munchies convenience store in Solvay, New York, and the Econo Lodge Inn & Suites, located near the Syracuse airport, admitted that he sold crack cocaine on a nearly daily basis to drug customers inside Munchies and the Econo Lodge. Patel further admitted to laundering drug proceeds through his business account at Solvay Bank.
Law enforcement officers executed search warrants at Munchies, the Econo Lodge, and Patel’s residence and vehicle, seizing funds held in bank accounts and in U.S. currency. In all, these seizures totaled over $1 million, most of which were the proceeds from drug trafficking.
Sentencing is scheduled for July 24, 2019, at which time Patel faces a maximum sentence of up to 20 years in prison, a fine of up to $500,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the Internal Revenue Service-Criminal Investigation (IRS-CI), the Syracuse Police Department-Special Investigation Division, the United States Department of Agriculture-Office of Inspector General, and the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Steven Clymer, Tamara Thomson, and Michael Perry.
Leaders of the ‘Blood Hound Brims’ Gang Convicted in Federal Court of Racketeering, Narcotics, and Firearms OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that LATIQUE JOHNSON, a/k/a “La Brim,” a/k/a “Straight 2 Business,” a/k/a “Breezy,” a/k/a “Boss Dog,” BRANDON GREEN, a/k/a “Light,” a/k/a “Moneywell,” and DONNELL MURRAY, a/k/a “Don P,” were found guilty yesterday of racketeering conspiracy, narcotics trafficking conspiracy, and firearms offenses in connection with their membership in the “Blood Hound Brims” (“BHB”), a violent street and prison gang that operated in New York City, upstate New York, Pennsylvania, and elsewhere. In addition, JOHNSON and MURRAY were found guilty of committing assault in aid of racketeering for a 2012 shooting at a fast food restaurant in the Bronx involving an AK-47 firearm. JOHNSON was found guilty of attempted murder in aid of racketeering for ordering a 2012 shooting of rival gang members in the Bronx. The convictions followed a five-week trial before the Honorable Paul G. Gardephe.
U.S. Attorney Geoffrey S. Berman said: “Latique Johnson, Brandon Green, and Donnell Murray were leaders of the Blood Hound Brims, a ruthless gang, and were responsible for extensive narcotics trafficking and terrible violence. They now stand convicted of their crimes, and will no longer be able to inflict harm on the people of this city.”
According to court documents and the evidence at trial:
BHB was a criminal enterprise that operated principally in the greater New York area, from 2005 to 2016. BHB was a faction of the Bloods street gang, which operates nationwide, and is under the New York Blood Brim Army (“NYBBA”). The BHB operated within and around various locations in New York, including New York City, Westchester County, Elmira, and in Pennsylvania, as well as within and outside federal and state penal systems.
The BHB used a hierarchical structure that was organized, in part, by geography, including New York City, and that was maintained, in part, through the payment of dues. The founder and leader of the Gang was JOHNSON, and other members and associates of the BHB referred to JOHNSON as the “Godfather.” The Gang was divided into several “pedigrees,” each of which had its own leadership structure which was approved by JOHNSON. Other leadership positions included, among others, treasurers who collected dues from members of a particular pedigree, and individuals who performed security and disciplinary functions for the pedigree. In addition to JOHNSON, GREEN, and MURRAY all held leadership positions within the Gang at different times.
Members of the BHB had regular meetings, sometimes called “pow wows” or “9-11s,” at which members were required to pay dues. Some of the meetings were among members of a particular pedigree, and other meetings were for all members of the Enterprise. Word of the meetings was disseminated via text message, word-of-mouth, and flyers. The BHB’s business, including rivalries with other gangs, shootings, the arrest of gang members, guns, and drugs, was regularly discussed at these meetings. “Kitty dues” – money that paid for commissary funds, lawyers, guns, and drugs, and that served as tribute to JOHNSON – were collected at these meetings. The BHB maintained its own rules and constitution that new members were required to learn. Members of the BHB also used code words and secret phrases to communicate with each other both while in prison and on the street in order to avoid detection by law enforcement.
One of the BHB’s principal objectives was to sell cocaine base, commonly known as “crack cocaine,” powder cocaine, and heroin, which members and associates of the BHB sold throughout the greater New York area and in Pennsylvania.
Members and associates of the BHB engaged in multiple acts of violence against rival gangs. These acts of violence included assaults and attempted murders, and were committed to protect the Gang’s drug territory, to retaliate against members of rival gangs who had encroached on the territory controlled by the BHB, and to otherwise promote the standing and reputation of the Gang vis-à-vis rival gangs. These acts of violence also included assaults and attempted murders against members and associates of the BHB itself, as part of internal power struggles within the Gang.
For example, on January 28, 2012, in the Bronx, New York, JOHNSON, aided and abetted by MURRAY, used an AK-47 assault rifle to fire into a restaurant where rival gang members were gathered, injuring two individuals who survived the shooting. The violence continued in fall of 2012 when JOHNSON ordered the shooting of two other members of a rival gang, who survived.
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A chart providing more information regarding the charges and potential penalties is set forth below. The statutory 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 Federal Bureau of Investigation, the New York City Police Department, and the Special Agents of the United States Attorney’s Office for the Southern District of New York.
This case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica Feinstein, Allison Nichols, and Andrew Chan are in charge of the prosecution.
COUNT
DEFENDANT
MAXIMUM PENALTY
Count One: Racketeering Conspiracy
LATIQUE JOHNSON, 39, of the Bronx, New York
BRANDON GREEN, 36, of the Bronx, New York
DONNELL MURRAY. 39, of the Bronx, New York
Life in prison
Life in prison
20 years in prison
Count Two: Assault in aid of racketeering
JOHNSON
MURRAY
20 years in prison
20 years in prison
Count Three: Attempted murder in aid of racketeering
JOHNSON
10 years in prison
Count Four: Narcotics conspiracy
JOHNSON
GREEN
MURRAY
Life in prison
Life in prison
20 years in prison
Count Five: Firearms offense
JOHNSON
GREEN
MURRAY
Life in prison
Life in prison
Life in prison
Laplace Woman Pleads Guilty to Stealing Federal Student Aid Funds and Identity TheftRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that KENDRA GRAVES, age 31, pled guilty yesterday to a two-count bill of information charging her with theft of government funds, in violation of Title 18, United States Code, Section 641 and identity theft in violation of Title 18, United States Code, Section 1028(a)(7).
According to court documents, GRAVES falsified federal student loan applications and used the stolen student aid monies in the amount of $195,432 for her own personal use. As part of her scheme to defraud, GRAVES applied for federal financial aid at Delgado Community College in the name of 15 individuals without their knowledge or consent.
GRAVES faces a possible sentence up to 10 years imprisonment and a fine of $250,000 as to Count 1 and 15 years imprisonment and a fine of $250,000 as to Count 2. GRAVES also faces three (3) years of supervised release following any term of imprisonment and a $200 special assessment fee. United States District Court Judge Lance M. Africk set sentencing for June 26, 2019.
U.S. Attorney Strasser praised the work of the U.S. Department of Education, Office of Inspector General, the U.S. Department of Treasury, Internal Revenue Service, and the Federal Bureau of Investigation. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
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Lafayette man pleads guilty to possessing handgun, rifleRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that Shelby Jude Darby, 27, of Lafayette, pleaded guilty Wednesday before U.S. District Judge Dee D. Drell to possessing a 9 mm pistol and an AK-47 style rifle.
According to the guilty plea, Lafayette police conducted on November 1, 2017 a traffic stop on Darby’s vehicle because of illegal dark tint. Darby exited the vehicle and ran down an alley between a residence and a garage. Officers chased him, placed him under arrest, and found a SCCY, Model CPX-2, 9 mm semi-automatic pistol on the ground where Darby had been laying. They returned to Darby’s vehicle where officers observed in plain view, a Romarm/Cugir, Model WASR 10/63 UF, 7.620-caliber semi-automatic rifle, which was located between the driver’s seat and center console, along with various illegal narcotics. Darby is a felon who was previously convicted in February of 2016 for possession of a controlled dangerous substance. According to federal law, a convicted felon is not allowed to possess a firearm or ammunition.
Darby faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for July 5, 2019.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods 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 reductions in crime.
The ATF and the Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Jamilla A. Bynog is prosecuting the case.
Kenyan Man Pleads Guilty to Lying to the FBIRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Fuwad Twalib Nassir, 29, of Mombasa, Kenya, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to making a material false statement to law enforcement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on April 2, 2018, the U.S. Department of State granted the defendant a C-1/D Crewmember in Transit visa in order for Nassir to work aboard a cruise ship that intended to dock in the United States. Among other conditions, a C-1/D visa holder must abide by the employer’s terms and conditions in order to possess a valid visa.
On October 4, 2018, while working aboard the cruise ship, the defendant entered the United States in Port Canaveral, Florida via the visa. However, on October 21, 2018, the U.S. Department of State cancelled Nassir’s visa after he failed to return to work on the ship. A few days later, on October 23, 2018, U.S. Customs and Border Protection officers encountered the defendant as he attempted to enter Canada at the Niagara Falls port of entry. Nassir was taken into custody.
Subsequently, on October 25, 2018, and again on January 22, 2019, during interviews with the Federal Bureau of Investigation, the defendant stated that after he failed to return to the boat in Port Canaveral, he paid a stranger to drive him from Florida to Niagara Falls. The FBI’s investigation determined, however, that Nassir unlawfully traveled from Florida to New York with three individuals, all of whom were familiar to him.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
Sentencing is scheduled for August 5, 2019, at 9:30 a.m. before Judge Vilardo.
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Jury finds Toledo pastor guilty of sex trafficking of a minor and other crimesRead the Press Release
A jury found a Toledo pastor guilty of sex trafficking of a minor and other crimes, U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Eric B. Smith said.
Anthony Haynes, 40, is scheduled to be sentenced June 17. A jury found him guilty of conspiracy to engage in sex trafficking of a minor, sex trafficking, child exploitation and obstruction of a sex trafficking investigation following a trial that began on Monday.
Two other pastors -- Kenneth Butler and Cordell Jenkins – previously pleaded guilty to their roles in the sex trafficking conspiracy involving minors.
Haynes, Butler and Jenkins sexually assaulted a juvenile girl beginning in 2014 through 2017, according to court documents.
The girl was 14 when the conduct began and she was in the custody of Haynes. Some of this conduct took place at Greater Life Christian Center in Toledo, where Haynes was pastor at the time. Haynes used his cellular telephone to record these sexual assaults, according to trial testimony and court documents.
Haynes routinely gave the victim money after the acts and told her not to say anything. He told her that if she said anything, it would ruin his family and his church, according to court documents.
Haynes also facilitated the victim being sexually exploited by other men, including Jenkins, according to trial testimony and court documents.
Jenkins repeatedly sexually exploited the minor at his home on Barrington Drive, at his office at Abundant Life Ministries and at a motel in Toledo. He paid her and referred to the payment as “hush money.” He often recorded these interactions with his cellular telephone, according to court documents.
Jenkins also caused another juvenile girl to engage in commercial sex acts in March 2017, according to court documents.
Butler also caused another juvenile girl to engage in commercial sex acts from 2015 through 2017, according to court documents.
“We are gratified by the jury’s verdict and relieved these men can no longer prey on children,” Herdman said. “I am in awe of the courage of the victims and the dedication of our law enforcement personnel in bringing these men to justice.”
"Our children should not be bought, sold or traded,” Smith said. “They should not be used for financial or personal gain. The children who are victimized in the vicious world of sex trafficking deserve justice. In federal court in Toledo, justice was served. Pastor Anthony Haynes violated every trust bestowed on him - as a leader of the church, he was responsible for helping those in need. Especially children. As we saw this week, he violated that trust in the worst way imaginable. Today we are thankful for the law enforcement partnerships that led to this verdict."
This case is being prosecuted by Assistant U.S. Attorneys Michael Freeman and Alissa Sterling following an investigation by the FBI’s Northwest Ohio Violent Crimes Against Children Task Force. The Task Force is comprised of members of the FBI, Toledo Police Department, Perrysburg Township Police Department, Lima Police Department, Oregon Police Department, Fulton County Sheriff’s Office, Ottawa County Sheriff’s Office, Ohio State Highway Patrol, the Bureau of Criminal Investigation and Lucas County Sheriff’s Office.
Juries Convict Overland Park Man of Drug Offense, Illegal Firearm Following ShootingRead the Press Release
KANSAS CITY, Mo. – An Overland Park, Kan., man who was previously found guilty of a drug offense was convicted by a second federal trial jury today of illegally possessing a firearm, which was involved in a shooting during an altercation at a downtown Kansas City, Mo., bar.
Caesar V. Vaca, 42, was found guilty of being a felon in possession of a firearm and ammunition.
The investigation began when Kansas City police officers were dispatched to PR’s Place, a bar at West 18th Street and Washington Avenue in Kansas City, Mo., on Nov. 20, 2016. Witnesses told officers that Vaca and several other men were in an altercation inside the bar, which started again later outside the bar. Vaca pulled a handgun on another person and shot at the victim, according to witnesses, then left the scene, driving north.
Officers collected an expended 9mm shell casing at the scene of the shooting. Later the same day, a witness who was hiking along the Missouri river bank at Berkley Riverfront Park found a loaded Glock 9mm semi-automatic handgun that had been abandoned in the park and called the police. Officers recovered the firearm, which ballistics testing linked to the expended shell casing found at the scene.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Vaca has a prior federal felony conviction for conspiracy to distribute cocaine and prior state felony convictions for aggravated battery, aggravated escape from custody and distributing marijuana.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about an hour and 50 minutes before returning the guilty verdict to U.S. District Judge Greg Kays, ending a trial that began Monday, March 25, 2019.
Vaca was originally indicted on May 22, 2018, for being a felon in possession of a firearm and ammunition. When Vaca was arrested, he was in possession of approximately eight grams of powder cocaine (some of which was packaged in five separate baggies) and $1,874. When officers searched Vaca’s vehicle, they found a trace amount of cocaine and a razor blade. Vaca was then charged in a superseding indictment with an additional drug-trafficking count. The court ordered the two counts of the superseding indictment to be severed, which resulted in a separate trial for each charge.
On Dec. 13, 2018, another trial jury found Vaca guilty of possessing cocaine.
Under federal statutes, Vaca is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Trey Alford and Alison D. Dunning and Special Assistant U.S. Attorney Robert Smith. It was investigated by the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.Jacksonville Drug Dealer Sentenced to Ten Years in Prison for Firearm PossessionRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Daniel Francesco Vidal (29, Jacksonville) to 10 years in federal prison for possession of a firearm by a convicted felon. The court also ordered Vidal to forfeit the Walther PPK pistol that he had possessed.
Vidal pleaded guilty on August 6, 2018.
According to court documents and information presented at sentencing, on March 12, 2017, Vidal was driving a car on Interstate 95, in Jacksonville, when a Jacksonville Sheriff’s Office (“JSO”) patrol officer determined there was probable cause to believe that the car had been stolen. Three JSO patrol officers attempted a traffic stop of Vidal’s vehicle, but Vidal failed to comply. Ultimately, Vidal stopped his car after the officers forced him off the road. Vidal was detained, and inside his car, an officer found a Walther PPK pistol, along with drug packaging and paraphernalia consistent with trafficking in marijuana.
On May 22, 2017, Vidal made a call for service to JSO, and two JSO patrol officers responded to Vidal’s house, where two additional firearms were found in plain view.
On July 25, 2017, JSO officers attempting to execute a federal arrest warrant for Vidal encountered him driving a pickup truck on Interstate 95 in Jacksonville. During the stop, Vidal used his pickup truck to intentionally ram JSO vehicles, then attempted to flee on foot. Vidal was apprehended, and a search of his truck revealed several pounds of marijuana and approximately $37,000, as well as a gun safe in the bed of the truck.
Prior to committing these crimes, Vidal was a 10-time convicted felon, and thus is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
High-Ranking Member of ‘Nine Trey Gangsta Bloods’ Pleads Guilty in Connection with Manhattan Armed Robbery and Brooklyn ShootingRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that KIFANO JORDAN, a/k/a “Shotti,” pleaded guilty today in Manhattan federal court to firearms offenses in connection with a robbery and a non-fatal shooting carried out 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, Kifano Jordan admitted in open court to committing multiple acts of violence in furtherance of the Nine Trey enterprise. This conduct is simply intolerable. We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate and prosecute those who bring violence to our streets.”
As alleged in the underlying 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, furanly fentanyl, MDMA, dibutylone, and marijuana.
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JORDAN, 36, of Brooklyn, pled guilty to one count of using and possessing a firearm in furtherance of a crime of violence for an assault with a dangerous weapon that occurred in Manhattan on April 3, 2018, which carries a mandatory minimum sentence of five years in prison and must run consecutively to any other sentence imposed; and one count of discharging a firearm in furtherance of a crime of violence for a shooting that occurred in Brooklyn on April 21, 2018, which carries a mandatory minimum sentence of 10 years in prison and must run consecutively to any other sentence imposed.
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 Judge Engelmayer.
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.
Havasupai Tribal Member Sentenced to Prison for Assaulting OfficerRead the Press Release
PHOENIX – This week, Lone Arrow Hastings, 29, of Supai Village, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to eight months of imprisonment, to be followed by three years of supervised release. Hastings had previously pleaded guilty to assault on a federal officer.
On Dec. 5, 2017, two officers with the Bureau of Indian Affairs – Office of Justice Services arrested Hastings for public intoxication in violation of the Havasupai Tribal Code. During the course of the arrest, Hastings assaulted one of the federal officers by, among other things, kicking the officer in the face.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
CASE NUMBER: CR-18-08022-PCT-SMB
RELEASE NUMBER: 2019-039_Hastings
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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