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24 April 2019
Attorney General Appoints Regina Lombardo Acting Deputy Director of the Bureau of Alcohol, Tobacco, Firearms and ExplosivesRead the Press Release
Attorney General William P. Barr announced today that he has appointed Regina "Reggie" Lombardo to be Acting Deputy Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), effective May 1, 2019. Lombardo will replace Thomas Brandon, who will be retiring from federal service on April 30, 2019.
"Reggie Lombardo has helped run day-to-day operations at ATF for more than a year and she has proven herself to be an outstanding leader," Attorney General William Barr said. "Like her predecessor, Tom Brandon, she started as a special agent and has been entrusted with greater and greater responsibility over decades of faithful service. She is well qualified to continue ATF's successes of recent years, including helping the Department investigate and prosecute more firearms offenders than ever before. I want to thank Tom Brandon for his 30 years of service to ATF and 36 years of service to this country, and I thank Acting Deputy Director Lombardo for her willingness to accept this new role leading one of the most effective law enforcement agencies in the world."
Lombardo has served as the Associate Deputy Director and Chief Operating Officer for the agency since March 2018. In this capacity she has been responsible for the day-to-day operations of the agency charged with protecting the public from violent crime and enforcing laws and regulations related to firearms, explosives, arson, and alcohol and tobacco diversion.
Lombardo has served as a special agent in the ATF since 1992 and has risen through the ranks as a career employee. She has held numerous management positions at ATF, including Assistant Director of Human Resources and Professional Development, Deputy Assistant Director of Field Operations’ Central Region, Special Agent in Charge of the Tampa Field Division, Assistant Special Agent in Charge of the New York Field Division, and Assistant Country Attaché in Toronto, Canada. She will be the first female to lead the agency in its history.
Arrested for Transporting Heroin in Siskiyou County, Escondido Man Sentenced to 10 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Ruben Ruiz Jr., 27, of Escondido, was sentenced today by U.S. District Judge John A. Mendez to 10 years in prison for possessing heroin for distribution, U.S. Attorney McGregor W. Scott announced.
Ruiz pleaded guilty on June 19, 2018. According to court documents, on February 28, 2018, a California Highway Patrol officer stopped Ruiz while he was driving northbound on Interstate 5 near Mt. Shasta in Siskiyou County. When the officer had his narcotics detection canine run a sweep around Ruiz’s truck, the dog alerted. A subsequent search revealed over 14 pounds of heroin. Ruiz was on federal supervised release at the time, after having been released from federal custody for a separate narcotics offense three months earlier.
According to the plea agreement, Ruiz said that he was supposed to receive a call when he arrived in Portland with further instructions.
This case was the product of an investigation by the Drug Enforcement Administration, the California Highway Patrol, and the Siskiyou Unified Major Investigations Team.
Appleton Resident Sentenced to 10 Years of Imprisonment for Methamphetamine DistributionRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on April 22, 2019, Jeffrey Melgar (age: 33), of Appleton, Wisconsin, was sentenced to a term of ten years in federal prison, followed by six years of supervised release, for possessing with the intent to distribute over 500 grams of methamphetamine, in violation of Title 21, United States Code, Section 841(a) and (b)(1)(A).
According to court documents, Melgar, who recently moved to the Appleton area from California, received packages of methamphetamine via the U.S. Postal Service from a source in California. Melgar then sold the drug for $600 an ounce in the Fox Valley.
In pronouncing sentence, Chief U.S. District Judge William C. Griesbach noted the serious nature of Melgar’s offense and the need to send a strong message of deterrence to Melgar and anyone else who might attempt to distribute drugs in Northeast Wisconsin.
The case was investigated by the United States Postal Inspection Service and the Lake Winnebago Area Metropolitan Enforcement Group. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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Amsterdam Man Pleads Guilty to Firearm ChargeRead the Press Release
ALBANY, NEW YORK – Mark P. Messare, age 42, of Amsterdam, New York, pled guilty today to possessing an unregistered, short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith and John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Messare admitted that on September 8, 2018, he possessed a Glock 9 millimeter handgun that was inserted into a Micro Roni Pistol Carbine Conversion Kit, creating a short-barreled rifle with a barrel length of approximately 4 inches. Messare also admitted that he knew that the Micro Roni Pistol Carbine Conversion Kit was designed to convert a handgun into a short-barreled rifle, as the Conversion Kit included a folding shoulder stock that allows a handgun to be fired from the shoulder. Messare never registered this firearm in the National Firearms Registration and Transfer Record, as required by federal law.
Messare, who is in custody, faces up to 10 years in prison, as well as a $10,000 fine and up to 3 years of post-imprisonment supervised release, when he is sentenced on August 14, 2019 by Senior United States District Judge Lawrence E. Kahn. 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 ATF and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Albany Man Sentenced to 120 Months in Connection with Fatal OverdoseRead the Press Release
ALBANY, NEW YORK – Daniel J. Fillerup, age 33, of Albany, was sentenced today to 120 months in prison for selling fentanyl that caused a woman’s death.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea on December 20, 2018, Fillerup admitted that on September 29, 2016, he arranged with Kate Centofanti, via text message and phone call, to supply her with two bags of heroin. Fillerup met with Centofanti in Schenectady, New York, where Centofanti gave Fillerup $36. He acquired bags of what he believed to contain heroin, and gave Centofanti two of the bags. Centofanti ingested the substance Fillerup gave her, which was fentanyl. The ingestion of the fentanyl caused Centofanti’s death due to fentanyl intoxication.
Senior United States District Judge Lawrence E. Kahn also imposed a 3-year term of supervised release, which will start after Fillerup is released from prison.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including investigators from the Schenectady County District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Douglas Collyer.
23 April 2019
United States Attorney Encourages Participation in Drug Enforcement Administration’s National Prescription Drug Take Back DayRead the Press Release
U.S. Attorney Trent Shores encourages the public to take part in the DEA’s 17th semi-annual National Prescription Drug Take Back Day, April 27, 10 a.m. to 2 p.m., at 14 collection sites throughout the Northern District of Oklahoma. The event is an effort to rid homes of unused and expired opioids and other medicines, where they are vulnerable to misuse, theft or abuse by family members and friends.
“Prescription drug abuse can devastate families and communities. The fact of the matter is that unsecured and unused medications pose a danger. Research shows that addiction often begins with easily accessible medications,” said U.S. Attorney Shores. “I encourage Oklahomans to safely dispose of their unused medications at a DEA Take Back location on April 27.”
“Twice a year, the DEA invites you to dispose of unwanted and unused prescription drugs at locations across the United States,” said Clyde E. Shelley, Jr., Special Agent in Charge of the Drug Enforcement Administration Dallas Division. “Please join us in our continued mission to diffuse the curiosity of drugs. It’s the right choice to make and will give people peace of mind that these prescription drugs are destroyed in an environmentally safe manner.”
In October 2018, Oklahomans living in the 11 counties comprising the Northern District of Oklahoma (Tulsa, Pawnee, Osage, Creek, Washington, Nowata, Rogers, Craig, Mayes, Ottawa, and Delaware Counties) turned over 864.492 pounds of expired, unused, and unwanted prescription drugs. Throughout the United States, 457 tons (900,000 pounds) of prescription drugs were turned in at almost 6,000 sites operated by the DEA and more than 4,800 of its state and local law enforcement partners.
Overall, in its 16 previous Take Back events, DEA and its partners have taken in over 11 million pounds—more than 5,400 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.)
Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
Collection sites in the Northern District of Oklahoma are:
- Miami Police Department: 129 5th Ave Northwest, Miami
- Miami Nation Tribal Police: 3410 P Street Northwest, Miami
- Robert Whitebird Cultural Center: 905 Whitebird St., Quapaw
- Walmart: 4901 S. Main S. Mill, Pryor
- Walmart: 1002 W. Taft Ave., Sapulpa
- Newson6: 303 N. Boston Ave., Tulsa
- Crime Stoppers Office: 4107 S. Yale, Tulsa
- Patrick Henry Elementary: 3820 E 41st St., Tulsa
-The Met Recycling Center: 3495 S. Sheridan, Tulsa
- Reasors: 7114 S. Sheridan Rd., Tulsa
- Walgreens: 1150 Garnett Rd., Tulsa
- Walgreens: 2323 W. Edison St., Tulsa
- Eastern Shawnee Police Department: 10250 S. 695 R., Wyandotte
- Bear Skin Health Center: 14 S. Main, Wyandotte
For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.
Undocumented Alien Indicted for Attacking Federal AgentsRead the Press Release
LAREDO, Texas – A federal grand jury has returned a three-indictment against a 23-year-old Mexican citizen for assault on three Border Patrol (BP) agents, announced U.S. Attorney Ryan K. Patrick.
Luis Gustavo Ramirez-Saucedo was originally charged by criminal complaint and ordered into custody pending further criminal proceedings. Today, a grand jury sitting in Laredo returned the indictment. He is expected to make an appearance before U.S. Magistrate Judge Sam Sheldon in the near future.
The facts in the complaint allege that on March 29, 2019. BP agents were working their assigned duties in Laredo. At approximately 9:30 p.m., they were alerted to a group of approximately 20 subjects entering the United States from Mexico by illegally crossing the Rio Grande River and activating electronic sensors, according to the charges.
According to the complaint, agents responded immediately and made contact with Ramirez-Saucedo within minutes. At that time, he allegedly violently resisted three BP agents’ efforts to apprehend him, allegedly striking them and ignoring multiple commands to halt before finally being detained.
The BP agents were treated for injuries at a medical facility.
Ramirez-Saucedo is charged with knowingly and unlawfully assaulting and resisting federal officers in their official duties. If convicted, he faces up to 20 years in federal prison.
BP and the FBI are conducting the investigation. Assistant U.S. Attorney Francisco J. Rodriguez is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Undocumented Alien Charged with Firearms ViolationRead the Press Release
McALLEN, Texas – A 45-year-old illegal alien from Mexico has been indicted on charges he illegally possessed firearms, announced U.S. Attorney Ryan K. Patrick.
Luis Vasquez-Garcia, illegally residing in Alamo, was originally charged by criminal complaint March 29, 2019, and was later remanded to custody pending further criminal proceedings. Today, a federal grand jury returned the one-count indictment. He is expected to make an appearance before U.S. Magistrate Judge Peter E. Ormsby in the near future.
The indictment alleges Vasquez-Garcia shipped or transported in interstate or foreign commerce or possessed in affecting commerce one Smith and Wesson MOD-66-2 .357 caliber pistol and 69 rounds of ammunition.
According to the complaint, Vasquez-Garcia had an outstanding warrant for his arrest in Alamo for a violent crime. He was located in his vehicle outside a residence in Alamo, at which time officers observed Vasquez-Garcia with the firearm and ammunition with him. The firearm was loaded.
If convicted, Vasquez-Garcia faces up to 10 years in federal prison and a possible $250,000 fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Alamo Police Department. Assistant U.S. Attorneys Steven Belt and Andrew Henning are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.U.S. Attorney’s Office Honors Law Enforcement Officials and Community Leaders in Inaugural Award Ceremony for Excellence in the Pursuit of JusticeRead the Press Release
United States Attorney Erica H. MacDonald will be presenting awards today to law enforcement officials and community leaders at the inaugural United States Attorney’s Office Excellence in the Pursuit of Justice Awards Ceremony. Thirty-six individuals will be honored for their outstanding work and selfless contributions to the mission of the United States Attorney’s Office – the pursuit of truth and justice.
“This group of dedicated professionals work tirelessly for the betterment of our community in pursuit of a common goal – the desire to make our community a safer and more just place to live, work, love and play,” said U.S. Attorney Erica MacDonald. “Today, we honor them by publicly celebrating their achievements and recognizing the sacrifices that they and their families make in the name of justice.”
Among the honorees include Robert Small, Executive Director of the Minnesota County Attorneys Association, who has dedicated his life to public service. Mr. Small held various positions with the United States Attorney’s Office, including Acting U.S. Attorney, and served honorably as a Hennepin County Judge until retirement, at which time he continued his service by taking on the responsibility of Executive Director of the Minnesota County Attorneys Association. U.S. Attorney MacDonald described Mr. Small as, “the quintessential public servant, a true leader who sets a shining example for all to follow.”
The honorees at today’s ceremony are members of the following agencies and organizations:
- Minnesota Bureau of Criminal Apprehension
- Beltrami County Sheriff’s Office
- Federal Bureau of Investigation
- Minneapolis Police Department
- Bureau of Alcohol, Tobacco, Firearms and Explosives
- NorthPoint Health & Wellness, Inc.
- City of Minneapolis
- Hennepin County
- United States Postal Inspection Service
- Minnesota Commerce Fraud Bureau
- Internal Revenue Service Criminal Investigation
- Minnesota County Attorneys Association
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
U.S. Attorney Liu Letter to DC Council B23-127 (Second Look Act)Read the Press Release
letter-statement_final_liu_to_council_re_b23-127_second_look_act_04-23-2019.pdfU.S. Attorney Andrew Murray Hosts Inaugural Awards Ceremony to Recognize 21 Law Enforcement Officers and Agents for Their Outstanding AchievementsRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray recognized 21 officers and agents from 13 local, state and federal law enforcement agencies during the Western District’s inaugural “Excellence in the Pursuit of Justice” awards ceremony, for their outstanding performance and investigative work in cases prosecuted by the U.S. Attorney’s Office.
The following agencies and law enforcement officials were presented with awards at today’s ceremony:
- Asheville Police Department - Sonia Escobedo, Task Force Officer with the Drug Enforcement Administration.
- Bureau of Alcohol, Tobacco, Firearms & Explosives – Special Agent Brent Vossekuil.
- Charlotte Mecklenburg Police Department – Jeff King, Matt Mescan, Kevin Stuesse, and Fred Thomas.
- Federal Bureau of Investigation - Special Agents Jim Granozio, Andy Romaguolo, Jason Milhone, and Doug Curran.
- Homeland Security Investigations – Special Agent Klarisa Zaffark.
- Huntersville Police Department – Detective Brad Myers, Task Force Officer with Homeland Security Investigations.
- IRS – Criminal Investigation Division- Special Agent Tyiesha Nixon.
- Monroe Police Department - Barney Malone.
- North Carolina State Bureau of Investigation – Special Agents Casey Drake and Matt Davis.
- Union County Sheriff’s Office - Daniel Stroud.
- United States Postal Inspection Service – Inspector Randy Berkland.
- United States Probation Office – U.S. Probation Officer John Holiday.
- Union County Sheriff’s Office - Daniel Stroud.
During his remarks at today’s ceremony U.S. Attorney Murray said, “I congratulate the award recipients for their tireless efforts to achieve extraordinary results. I also thank all of our local, state and federal law enforcement officers and agents for their service, and for risking their lives each day to protect the citizens of the Western District of North Carolina, to enhance community safety, and to do justice.”
In addition to the district awards, 10 additional investigators and prosecutors received the Organized Crime Drug Enforcement Task Force (OCDETF) award for their prosecution of the MS-13 gang. This is the first time the Western District of North Carolina has received this prestigious national award, which was presented by Adam Cohen, Director of the OCDETF program, to the following recipients:
- William Miller, Assistant U.S. Attorney (AUSA) with the U.S. Attorney’s Office for the Western District of North Carolina, and former AUSA Beth Greene.
- Susan Conrad, Julian Igualada, Barton Jenkins, Ernesto Negron, and Justin Telford with the Federal Bureau of Investigation.
- Michael Tobin with Homeland Security Investigations.
- Kevin Wallin and Timothy White with the Charlotte-Mecklenburg Police Department.
“I am honored that my Office’s federal prosecutors and investigators with our law enforcement counterparts are among the recipients of this national recognition. In this district, we have a longstanding history of collaboration with our law enforcement partners, and on behalf of my office and the citizens of the Western District, I am thankful for their outstanding work, their coordination and their continued support.”
Two Trenton Police Officers Charged with Civil Rights Violations, Obstruction of JusticeRead the Press Release
TRENTON, N.J. – Two Trenton police officers have been charged with civil rights and obstruction of justice charges for allegedly assaulting a man they were arresting, U.S. Attorney Craig Carpenito announced today.
One of the officers, who has since left the Trenton Police Department, is charged with additional civil rights and obstruction counts for allegedly assaulting a second defendant while in a holding cell at Trenton Police Headquarters.
Trenton Police Officer Drew Inman, 25, of Hamilton, New Jersey, and former Trenton Police Officer Anthony Villanueva, 25, of Ewing, New Jersey, are charged in a six-count indictment that was returned by a federal grand jury on April 18, 2019, and unsealed today. Both defendants are charged with one count aiding and abetting one another to deprive a man of his civil rights. Villanueva is charged with two counts of obstruction, and Inman with one count of obstruction, in connection with that incident. Villanueva is also charged with depriving a second man of his civil rights in a separate incident, and with obstruction related to that second incident.
“Police work is difficult and dangerous, but officers need to respect the civil rights of the people they are policing,” U.S. Attorney Carpenito said. “They cannot resort to excessive force in performing their duties. Incidents like these erode the public’s confidence in law enforcement, and make policing harder for everyone whose job it is to keep our communities safe.”
“Civil Rights violations are of great concern, particularly when the allegations involve a member of law enforcement,” FBI Newark Special Agent in Charge Gregory W. Ehrie said. “The public has an absolute right to trust that law enforcement will protect those they serve and keep them safe. When that trust is violated, it makes it more difficult for our fellow police officers and federal agents to maintain the community's confidence.”
According to documents filed in this case and statements made in court:
On April 9, 2017, a Trenton man involved in a routine traffic stop fled in his vehicle and then on foot and was pursued by Trenton police officers. The man was eventually surrounded by Trenton police officers and complied when he was ordered to put his hands in the air. While the man was complying with further police commands, Villanueva approached the man and punched him in the face and Inman tackled the man to the ground. Inman and Villanueva then punched the man numerous times, while he cried out in pain, and told officers, “stop hitting me in my face,” and “you’ve got my hands.”
Inman and Villanueva returned to the police station to prepare reports in connection with the victim’s arrest. To justify their actions against the victim, Inman and Villanueva prepared and submitted false and fraudulent reports, in which they attempted to portray the victim as the aggressor and an ongoing threat.
On Nov. 28, 2017, Villanueva, who had been assigned to work in the holding cell area of Trenton Police Headquarters, sprayed Oleoresin Capsicum (commonly referred to a “pepper spray”) on a prisoner who was confined in a holding cell. Villanueva later completed an incident report that contained numerous false statements designed to conceal his unlawful conduct and improper treatment of the prisoner.
The violation of civil rights counts each carry a maximum penalty of 10 years in prison. The false records counts each carry a maximum penalty of 20 years in prison. The maximum fine for each of the charges is $250,000.
The charges and accusations contained in the indictment are merely accusations, and Inman and Villanueva are presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorneys Molly Lorber, Joseph Gribko and Ray Mateo of the U.S. Attorney=s Office Criminal Division in Trenton in the criminal case.
Two Maryland residents sentenced to a combined 55 years for heroin distribution resulting in deathRead the Press Release
MARTINSBURG, WEST VIRGINIA – Kelvin Johnson, of Baltimore, Maryland and Sykebia Stewart, of Dundalk, Maryland, were sentenced today to a combined 658 months incarceration for heroin distribution, United States Attorney Bill Powell announced.
Johnson, age 26, was sentenced to 365 months incarceration. Stewart, age 25, was sentenced to 293 months incarceration.
“The sentences will not make right what has been done, but send the strong message of our continuing commitment to aggressively prosecute those whose actions cause injury or death,” said Powell.
After a trial in June of 2018, a jury found Johnson and Stewart guilty on all counts. Johnson was found guilty of one count of “Distribution of Heroin,” and one count of “Aiding and Abetting the Distribution of Heroin Resulting in Death.” Stewart was found guilty of one count of “Aiding and Abetting the Distribution of Heroin Resulting in Death.” Johnson and Stewart distributed heroin in May 2016 in Berkeley County, resulting in death.
Assistant U.S. Attorney Traci M. Cook prosecuted the cases on behalf of the government. The Eastern Panhandle Drug and Violent Crime Task Force investigated.
Chief U.S. District Judge Gina M. Groh presided.
Two Defendants in College Admissions Case to Plead GuiltyRead the Press Release
BOSTON – Two defendants will plead guilty to charges in connection with using bribery and other forms of fraud to facilitate the admission of applicants to selective colleges and universities.
Laura Janke, 36, of North Hollywood, Calif., a former assistant coach of women’s soccer at the University of Southern California (USC), will plead guilty to conspiracy to commit racketeering and will cooperate with the government’s investigation. Janke was previously indicted along with 11 other defendants.
Toby MacFarlane, 56, of Del Mar, Calif., a former senior executive at a title insurance company, will plead guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. MacFarlane was previously charged by criminal complaint.
The defendants were charged in March 2019 with conspiring with William “Rick” Singer, 58, of Newport Beach, Calif., and other parents, coaches and university administrators, to use bribery and other forms of fraud to secure the admission of students to selective colleges and universities and to cheat on college entrance exams. According to court documents, MacFarlane paid $450,000 to facilitate the admission of his children to USC as purported athletic recruits. Specifically, on Oct. 3, 2013, Singer emailed MacFarlane’s daughter’s high school transcript and college exam scores to Janke and another defendant. Soon after, Singer caused a purported charitable organization he established, the Key Worldwide Foundation (KWF), to wire $50,000 to a private soccer club controlled by Janke and the other defendant. Using materials provided by MacFarlane and Singer, Janke then created a falsified soccer profile for MacFarlane’s daughter, falsely describing her as a “US Club Soccer All American” in high school. MacFarlane’s daughter was presented to the USC subcommittee for athletic admissions as a purported soccer recruit, and was accepted to USC in March 2014. On May 2, 2014, MacFarlane issued a $200,000 check to the Edge College & Career Network LLC (“The Key”) – Singer’s for-profit college counseling and preparation business – with “Real Estate Consulting & Analysis” written in the memo line. On May 12, 2014, Singer issued a $100,000 payment to the private soccer club which Janke partly controlled.
Similarly, in November 2016, Singer directed Janke to create a falsified basketball profile for MacFarlane’s son. Singer then emailed the profile to a USC administrator to present to the USC subcommittee for athletic admissions as a purported basketball recruit. In February 2017, USC issued a conditional acceptance to MacFarlane’s son as a student-athlete. On Feb. 23, 2017, MacFarlane sent a $50,000 check to USC Athletics, and the following month USC mailed MacFarlane’s son a formal acceptance letter. On April 18, 2017, MacFarlane issued a $200,000 check to KWF with “Real Estate Consulting” written in the memo line.
Plea hearings have not yet been scheduled by the Court. Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Tampa Woman Indicted for Immigration Fraud Scheme Stretching from Tampa to ChicagoRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Erika Paola Intriago (44, Tampa) with four counts of wire fraud and three counts of wrongfully using government seals. If convicted, Intriago faces a maximum penalty of 20 years in federal prison for each count of wire fraud and up to five years in federal prison for each count of wrongfully using government seals.
According to the
indictment , Intriago portrayed herself as an immigration attorney and personal representative offering immigration-related services. She advertised her services on social media, targeting immigrants and immigrant families from Spanish-speaking countries. In fact, Intriago was not a licensed attorney.Victims retained and paid Intriago to represent them in immigration-related matters before U.S. Citizenship and Immigration Services (USCIS) and other agencies. To show that she was acting on the victims’ behalf, Intriago sent fraudulent letters, emails, receipts, documents, and communications to her victims fraudulently representing that the records were legitimate communications sent from agencies of the United States, including the Department of Homeland Security and USCIS. In actuality, Intriago had either never filed the necessary immigration paperwork, or had abandoned the immigration process, or the applications had already been denied without Intriago informing the victims. Intriago also threatened and intimidated victims who complained about her conduct by telling them that she would report their immigration status to U.S. immigration authorities, which Intriago claimed would result in the victims being deported.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Any person who was, or knows of someone who may have been, a possible victim is urged to contact the Department of Homeland Security, Homeland Security Investigations, at 1-866-DHS-2ICE or http://www.ice.gov/webform/hsi-tip-form.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Citizenship and Immigration Service. It will be prosecuted by Assistant United States Attorney Frank Murray.
St. Joseph Man Sentenced to 10 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A St. Joseph, Mo., man has been sentenced in federal court for illegally possessing a firearm following an 11-hour standoff with law enforcement officers.
Terrance T. Brown, 41, of St. Joseph, was sentenced by U.S. District Judge Stephen R. Bough on Monday, April 22, to 10 years in federal prison without parole, which is the statutory maximum penalty for this offense.
On Dec. 3, 2018, Brown was found guilty at trial of being a felon in possession of a firearm. Evidence introduced during the trial indicated that Brown was in possession of a loaded Ruger 9mm pistol on Sept. 13, 2017.
Brown threatened his wife with a firearm on July 12, 2017, according to court documents, and was involved in a shooting on Sept. 3, 2017. On Sept. 12, 2017, Brown shot at law enforcement officers while fleeing arrest. He then barricaded himself in a St. Joseph neighborhood residence, where he was arrested following an 11-hour standoff.
Officers with the St. Joseph Police Department and the Buchanan County Sheriff’s Department established a perimeter around the residence. After several minutes, three individuals (including a juvenile) came out of the residence, but Brown – armed with the handgun – remained inside. Officers used portable cameras to locate Brown in the attic of the residence. Eventually, Brown left the attic and ended up on the roof of the house; he surrendered to officers and was arrested. The loaded Ruger 9mm pistol with an extended magazine was found during a search of the attic. Officers also found ammunition and an empty box for a Smith & Wesson .40-caliber firearm, which contained some ammunition.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brown has a prior federal conviction in the District of Kansas for being a felon in possession of a firearm. Brown has two prior felony convictions for robbery in Wyandotte County, Kan., as well as prior felony convictions for aggravated assault, criminal possession of a firearm, and attempted possession of a controlled substance. Brown was under supervision by Missouri Probation and Parole for felony drug possession in Jackson County, Mo., at the time of the offense.
This case was prosecuted by Assistant U.S. Attorneys Emily A. Morgan and Adam Caine. It was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Joseph, Mo., Police Department and the Buchanan County, Mo., Sheriff’s 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.St. Croix Man Arrested on Firearm and Drug ChargesRead the Press Release
St. Croix, USVI – Deshawn Gonsalves, 24, of St. Croix, appeared before Magistrate Judge George W. Cannon for an Initial Appearance after his arrest by Homeland Security Investigations Special Agents on the charges of Possession of a Firearm within a School Zone, Possession of a Firearm in Furtherance of Drug Trafficking, and Possession of a Controlled Substance with Intent to Distribute, United States Attorney Gretchen C.F. Shappert announced. Further, upon motion of the Government, Magistrate Judge Cannon scheduled a Detention Hearing for April 26, 2019.
According to court documents, on October 31, 2018, after responding to a domestic disturbance 911 call, officers with the Virgin Islands Police Department searched Gonsalves’ vehicle and located:
- A loaded Glock .45 caliber handgun;
- A Glock magazine holding 10 rounds;
- A Glock extended magazine capable of holding 30 rounds;
- 135 rounds of .45 caliber ammunition;
- A ballistic vest;
- A black ski mask; and
- 170 grams of marijuana.
This occurred within 1,000 feet of the Eulalie Rivera Elementary School.
The case was investigated by the Virgin Islands Police Department and Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Daniel H. Huston.
United States Attorney Gretchen C.F. Shappert reminds the public that an arrest warrant is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
South Carolina women admit to fentanyl chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Peggy Louise Farrington and Jacqueline Lee Weigland, both of Galivants Ferry, South Carolina, have admitted to drug charges, United States Attorney Bill Powell announced.
Farrington, age 54, and Weigland, age 58, each pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl.” The women admitted to possessing fentanyl in January 2019 in Berkeley County.
Farrington and Weigland each face not less than five and up to 40 years incarceration and a fine of up to $5,000,000. 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.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the cases on behalf of the government. The Martinsburg Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Six indicted in drug conspiracy that included production and distribution of powerful synthetic opioidRead the Press Release
AUGUSTA, GA: Five men and a woman have been indicted in federal court, charged with operating a wide-ranging drug conspiracy that included mass production of pills and possession with intent to distribute a powerful synthetic opioid.
As outlined in the six-count indictment in U.S. District Court and from testimony in court proceedings, six defendants are accused of participating in a drug conspiracy dating back to 2016 that imported large amounts of drugs purchased with cryptocurrency on the Dark Web, used industrial-grade machinery to manufacture pills, and sold the drugs on the Dark Web and throughout Georgia, said Bobby L. Christine, United States Attorney for the Southern District of Georgia. Two of those charged in the indictment also are charged with felony murder in Walton County, Ga., in the beating and suffocation death of a suspected co-conspirator.
Charged in the indictment are:
- Walker Christian Forrester, 24, of Loganville, Ga., and Kolbie Hadden Watters, 22, of Augusta, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; Using or Maintaining a Drug Premises; Possession with Intent to Distribute Controlled Substances; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession of an Unregistered Firearm; and Conspiracy to Commit Money Laundering. If convicted on all charges, the two face sentences of up to life in prison.
- Larry Overton, 46, of Harlem, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances, and Using or Maintaining a Drug Premises. If convicted, he faces a sentence of up to 20 years in prison.
- Jonathan Britt Lester, 22, of Loganville, Ga.; Armand Sananda Saedi, 27, of Atlanta, Ga., and Morgan McKenzie Slaton, 22, of Hoschton, Ga., each are charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances, and if convicted each face sentences of up to five years in prison.
Each of the defendants, if convicted, also would be subject to substantial fines and terms of supervised release after completion of any prison sentences. There is no parole in the federal system.
According to the indictment, and from testimony delivered in court proceedings, Forrester first came to the attention of the U.S. Drug Enforcement Administration around Sept. 2017 after he purchased an industrial-grade pill press. Two months later, Forrester, Watters and a juvenile were arrested on state charges in Harlem, Ga., in November 2017 after a traffic stop in which Harlem police officers found more than 5,200 counterfeit Xanax pills, marijuana and a sawed-off shotgun in the vehicle.
In addition to pill presses, investigators allege Forrester also purchased punch dies used to create counterfeit Xanax pills, Alprazolam as the main ingredient, and binding agents to manufacture tens of thousands of pills per month. The illicit ingredients were purchased on the Dark Web using cryptocurrency, with the counterfeit Xanax likewise sold on the Dark Web or through conventional illegal drug distribution channels.
The conspirators moved the four pill presses to various locations in the Southern, Northern and Middle Districts of Georgia to avoid detection, and at one point began manufacturing and selling synthetic heroin using Fentanyl and the more-powerful Carfentanil. Overton, who is alleged to have housed one of the pill presses at his Harlem home in return for drugs, was briefly hospitalized during the investigation after overdosing on the synthetic opioids.
In addition to charges in the drug conspiracy, Watters and Lester also face state charges in Walton County of felony murder and aggravated assault in the death of Chase David Loffler, 25, whose body was found buried in the backyard of Lester’s Loganville home in April 2018. The two are accused of beating and suffocating Loffler, a suspected co-conspirator, and burying his body in a shallow grave.
“This case highlights the growing threat of drug trafficking and its associated violent crime fueled by cyber technology,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Our federal, state and local law enforcement agencies will continue to overcome these challenges, however, and bring to justice anyone who would distribute poison in our communities.”
Robert J. Murphy, Special Agent in Charge of the Atlanta Drug Enforcement Administration Office stated, “Synthetic opioids, Fentanyl and counterfeit pills continue to be a threat in our communities, and DEA is committed to working with all our law enforcement partners in targeting organizations and individuals that produce and distribute this poison.”
“Opioid abuse is a crisis in our communities and we will continue to be committed to targeting those who compound the problem,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This case is an example of what can be accomplished when federal, state and local law enforcement agencies and their resources are combined to fight this national trend.”
“Illegal opioid production and distribution, whether online or through conventional drug distribution methods, is contributing to the public health emergency of the opioid addiction crisis that has ripped apart families and communities,” said Melinda K. Plaisier, Food and Drug Administration Associate Commissioner for Regulatory Affairs. “The FDA will continue to work with our law enforcement partners to aggressively pursue and bring to justice those who threaten the health and safety of Americans consumers.”
“American communities are being ravaged by a steady influx of illegal and deadly narcotics smuggled into the U.S.; chief amongst them heroin and the synthetic opioid fentanyl,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “HSI is firmly committed to targeting the illegal import and sale of opioids, following the money trails, and leveraging our transnational partnerships to stop criminal networks and prevent the opioid crisis from spreading.”
“This is just a small piece of the puzzle in a growing opioid and pill mill problem in the state of Georgia. This scheme involved cryptocurrency and the Dark Web. It also involved other alleged criminal activity touching all three judicial districts within Georgia as those involved showed the lengths they were willing to go to commit various crimes,” said Thomas J. Holloman, Special Agent in Charge of IRS-Criminal Investigations for the Atlanta Field Office. “We will continue to work with our law enforcement partners in following the money in an effort to dismantle illegal pill mill operations in our state.”
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
The case is being investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking and money laundering organizations and related criminal enterprises. Agencies involved in the investigation include the FBI, the Drug Enforcement Administration (DEA), the U.S. Food and Drug Administration’s Office of Criminal Investigations (FDA-OCI), the Internal Revenue Service (IRS), the U.S. Army Criminal Investigative Division (CID), the U.S. Postal Inspection Service (USPIS), Homeland Security Investigations (HSI), the U.S. Marshals Service, and the Harlem Department of Public Safety. The case is being prosecuted for the United States by Assistant United States Attorney Patricia Rhodes.
Scituate Resident Who Claimed Earnings Are Not Income Pleads Guilty to Tax EvasionRead the Press Release
PROVIDENCE – A Rhode Island businessman who failed to file legitimate federal tax returns for ten years, and who falsely represented to the IRS on tax forms that he was “not a citizen of the United States” and that his earnings were not taxable, pleaded guilty on Monday in U.S. District Court in Providence, R.I., to tax evasion, announced United States Attorney Aaron L. Weisman, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Kristina O'Connell, Special Agent in Charge of Internal Revenue Service Criminal Investigation.
Appearing before U.S. District Court Chief Judge William E. Smith, Billie R. Schofield, 63, admitted that he took numerous steps to avoid paying federal income taxes by, among other things, creating and submitting to the IRS fraudulent checks totaling more than $60,000 to settle past taxes due for tax years 2005 - 2008; creating and submitting to the IRS a fraudulent check totaling nearly $49,000 for past taxes due for tax year 2009; in 2013, instructing a corporation in which he held a minor partnership interest not to compensate him; filing false tax returns; in 2015, intercepting and concealing levies from businesses that owed him compensation; and repeatedly mailing false documents to the IRS in an effort to obstruct IRS assessments and collection efforts.
Additionally, in 2013, Schofield created a company with an Alaskan address, Sundown Services. Over the next few years, Schofield asked that payments owed to him be made payable to Sundown Services so as to conceal his income. He asked his girlfriend to open a bank account in the name of Sundown Services into which he had her deposit checks made payable to Sundown Services, which were actually income payments to Schofield for services rendered.
An investigation by Internal Revenue Service Criminal Investigation determined that from 2005 through 2009, Schofield’s tax due and owing was $201,310. Further, although he did not file returns for Tax Years 2010 through 2016, Schofield earned $731,481.55 as income from his business partnerships, commissions from a Canadian fishing company, and proceeds from the cultivation and sale of marijuana. His total tax due the IRS for 2010 - 2016 is $227,435. In total for tax years 2005 through 2016, Schofield evaded the payment and assessment of $428,745.01 in taxes due and owing to the IRS.
Schofield is scheduled to be sentenced on September 13, 2019. Tax evasion is punishable by statutory penalties of up to five years in prison, a fine of $250,000, and a term of supervised release of three years.
The case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert and Tax Division Trial Attorney Christopher P. O’Donnell.
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Saugus Man Indicted on Federal Drug and Firearm OffensesRead the Press Release
BOSTON – A Saugus man was arrested and charged today on drug and firearm offenses.
Vinicius Teixeira, a/k/a “Vinny,” 29, was charged in an indictment unsealed today with one count of possession with intent to distribute marijuana and one count of possession of a firearm in furtherance of a drug trafficking crime. Teixeira was detained following an initial appearance in federal court this afternoon. A detention hearing is scheduled for Friday, April 26, 2019, before U.S. Magistrate Judge Judith G. Dein.
On March 7, 2019 Teixeira was allegedly in possession of marijuana and an American Tactical 9mm semiautomatic pistol containing 11 rounds of ammunition. Teixeira was originally arrested on a state complaint and released on bail.
The charge of possession with intent to distribute marijuana provides for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release and a fine of up to $1 million. The charge of possession of a firearm in furtherance of a drug trafficking crime provides for a mandatory five year sentence to be served consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. The Suffolk County Sheriff’s Department and the Revere, Everett, and Chelsea Police Departments provided assistance with the investigation. Assistant U.S. Attorney Corey Steinberg of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ringleader of Violent Robbery Organization Sentenced for Conducting Violent Robberies Throughout the Middle District of FloridaRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody has sentenced Marion Dwight, Jr., a/k/a “Woe,” (31, Lakeland) to 23 years in federal prison for conspiracy to commit robbery, robbery, and brandishing and discharging a firearm in furtherance of a violent crime.
Dwight had pleaded guilty on February 23, 2018.
According to court documents, from at least May 2015 and continuing through July 20, 2017, Dwight conspired with others to commit multiple armed robberies and burglaries of several local drug dealers within the Middle District of Florida. Dwight was the leader of the organization and had orchestrated the robberies. To date, the FBI has identified at least 14 armed robberies and 4 armed burglaries that were committed by Dwight and his co-conspirators. The conspirators discharged and otherwise brandished firearms during the commission of all of the robberies and burglaries. In many instances, small children were present at the time of the robberies.
Dwight’s co-conspirators have pleaded guilty and each faces a maximum penalty of life imprisonment, as noted below:
Name
Age, Residence
Status
Bradney Henry McGary
32, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute 500 grams or more of cocaine, 1 count of conspiracy to commit robbery, 2 counts of robbery, and 1 count of discharging a firearm in furtherance of a violent crime.
Sentenced to 19 years and 2 months in prison on October 17, 2018.
Sherrod Raeshad Gordon,
a/k/a “Hott”
32, Tampa
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging a firearm in furtherance of a violent crime.
Sentenced to 29 years and 8 months in prison on February 1, 2019.
Michael James Baker,
a/k/a “Bake,”
a/k/a “Maserati”
35, Clearwater
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of brandishing and discharging a firearm in furtherance of a violent crime.
Sentenced to 21 years and 4 months in prison on April 12, 2019.
Fredrick James Burney, Jr.,
a/k/a “Frido”
a/k/a “Free”
28, Clearwater
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging a firearm in furtherance of a violent crime.
Sentenced to 30 years in prison on April 12, 2019.
Antonio Marquis Roddy,
a/k/a “Lil Head”
31, Orlando
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.
Faces a minimum mandatory sentence of 17 years, and up to life, in federal prison.
Sentencing scheduled for May 10, 2019.
Jevin Michael Stone
30, Lakeland
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.
Sentenced to 23 years and 5 months in prison on April 12, 2019.
Shamar Thomas
26, Clearwater
Found guilty of conspiracy to commit robbery, robbery, and using or carrying a firearm in furtherance of a violent crime, after a jury trial on October 11, 2018.
Sentenced to 35 years in prison on February 1, 2019.
"This case exemplifies the determination and dedication of the Tampa Bay Safe Streets Task Force to rid our communities of violent crime", said Eric W. Sporre, Special Agent in Charge of the FBI Tampa Division. "This gang brought fear and violence to neighborhoods from Clearwater to Orlando. I want to commend the work of our special agents, task force officers and prosecutors who worked diligently throughout this investigation to protect our community and stop the violence."
This case was investigated by the FBI. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell. Co-conspirator Shamar Lajuan Thomas was prosecuted by Assistant United States Attorneys Lisa M. Thelwell and James Muench.
Rhode Island Man Pleads Guilty to Tax EvasionRead the Press Release
A Hope, Rhode Island, man who failed to pay hundreds of thousands of dollars in federal income taxes pleaded guilty yesterday to tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Aaron L. Weisman for the District of Rhode Island.
According to court documents, from 2005 through 2016, Billie Schofield worked for local fishing companies and earned hundreds of thousands of dollars in income. Schofield evaded the assessment of taxes on income earned through multiple commercial activities by causing payments to be made through a nominee business and depositing money in a nominee account. He obstructed the Internal Revenue Service’s (IRS) efforts by filing false income tax returns, preventing the delivery of IRS levy notices to his employer, and by sending bogus checks to the IRS in a fraudulent attempt to pay off an IRS lien placed on his property. Schofield’s conduct resulted in a tax loss of more than $250,000.
Sentencing is scheduled for Sept. 13 before U.S. District Court Judge William E. Smith. The defendant faces a statutory maximum sentence of five years in prison for the tax evasion charge. He also faces a period of supervised release, restitution and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Weisman thanked special agents of IRS Criminal Investigation, who conducted the investigation and Assistant U.S. Attorney Sandra Hebert and Trial Attorney Christopher O’Donnell of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Repeat Child Sex Offender Sentenced to 14 Years in Prison for Possession of Child PornographyRead the Press Release
LAS VEGAS, Nev. – A repeat child sex offender who used a social media site to solicit sexually explicit images from a boy was sentenced Monday to 14 years in federal prison, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Christopher Phernambucq, aka “Christopher Phernambuco,” 37, of California, pleaded guilty to possession of child pornography. In addition to the incarceration, U.S. District Judge James C. Mahan sentenced him to a lifetime of supervised release. Under the Sex Offender Registration Notification Act, he will be required to register as a sex offender.
According to admissions in Phernambucq’s guilty plea, from July 2016 to December 2016, he posed as a successful businessman on a social media site under the false name “Alex Carrasco.” Phernambucq offered to pay children for services related to modeling or music and solicited photos, offered to buy electronics, and discussed his desire to engage in sexual activities with the children. Between August 2016 and December 2016, he exchanged messages and sexually explicit images with a 16-year-old boy through the social media site. The criminal conduct occurred shortly after he was released from California state custody.
Phernambucq has prior California convictions for aggravated sexual abuse, sexual abuse, abusive sexual conduct involving a minor, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography. His prior convictions qualified him for additional criminal penalties.
The case was investigated by the Internet Crimes Against Children (ICAC) Task Force and the U.S. Marshals Service. Assistant U.S. Attorneys Tony Lopez and Elham Roohani prosecuted the case.
To report an incident involving the possession, distribution, receipt, or production of child pornography, contact the National Center for Missing & Exploited Children by phone at 1-800-843-5678 or online at www.cybertipline.com.
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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Raeford Man Sentenced to 60 Months in Prison for Firearms ChargeRead the Press Release
GREENSBORO, N.C. – A Raeford man who sold firearms while on felony state probation was sentenced to federal prison today, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
DELTON OMEZ MONROE, age 34, pleaded guilty on October 11, 2018, to one count of possession of firearms by a previously convicted felon. MONROE was sentenced by United States District Judge Loretta C. Biggs to 60 months of imprisonment, followed by 3 years of supervised release. His father, ROBERT JUNIOR MONROE was convicted on May 14, 2018, of possession of a firearm by convicted felon, and sentenced on August 31, 2018, to 18 months in prison by United States District Court Judge William L. Osteen Jr.
After investigators were told that stolen firearms were being sold from a Raeford home, they began using a confidential informant to buy firearms from that location. On February 12, 2018, ROBERT JUNIOR MONROE, then a convicted felon, sold firearms to the confidential informant, saying he was selling those guns for his son who was on probation but was not present because he was doing a three-day term in jail. Investigators determined that ROBERT JUNIOR MONROE was referring to DELTON OMEZ MONROE, who was in fact serving a three-day jail term on February 12, 2018, based on prior state felony narcotics convictions.
When the confidential informant returned to the house on February 16, 2018, he paid DELTON OMEZ MONROE $910 in exchange for a Smith and Wesson .357 revolver and a Spike’s Tactical .223 rifle. On February 23, 2018, the confidential informant again went to DELTON OMEZ MONROE’S residence and paid him $1,240 in exchange for a RomArm/Cugir 7.62x39mm rifle, a Rock Island Armory .45-caliber pistol, and a Smith and Wesson .38 special revolver.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hoke County Sheriff’s Office, and the Raeford Police Department, and prosecuted by Assistant United States Attorney Anand P. Ramaswamy for the Middle District of North Carolina.
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Putnam County Man Pleads Guilty to Firearms ChargeRead the Press Release
HUNTINGTON, W.Va. – A Putnam County man who lied on an ATF Form in an attempt to obtain firearms pled guilty today, announced United States Attorney Mike Stuart.
“’Lyin’ and tryin’ or ‘lyin’ and buyin’ are serious federal offenses,” said United States Attorney Mike Stuart. “All lawful citizens have a right to purchase a firearm. Every citizen has an obligation to tell the truth when filling out the paperwork to obtain one.”
Stephen Charles Cyrus, 35, admitted that on March 20, 2018, he attempted to obtain four firearms from Ultimate Pawn & Performance. On the ATF form he lied about whether he had been previously convicted of domestic violence. Cyrus was prohibited from obtaining firearms under federal law because he was convicted of domestic battery on January 19, 2018 in Putnam County, West Virginia.
Cyrus faces up to 5 years in prison when he is sentenced on July 29, 2019.
The ATF conducted the investigation. The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
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Puerto Rico Man Charged with Federal Cocaine OffenseRead the Press Release
BOSTON – A Puerto Rico man was arrested today and charged in federal court in Worcester for his role in a cocaine conspiracy.
William Torres, a/k/a Poro, 34, of Tao Baja, P.R., was charged with conspiracy to distribute 500 grams or more of cocaine. Torres will appear before a U.S. Magistrate Judge in San Juan, P.R., before being transferred to Massachusetts.
According to court documents, a federal investigation revealed that, around October 2018, Torres made arrangements for his associate, Melvin Burgos, to obtain a kilogram of cocaine from Julio Rivera. Torres provided Burgos with Rivera’s number, and on Nov. 1, 2018, the two met at a storage facility in Worcester. Police subsequently stopped both Burgos and Rivera, and inside the vehicle driven by Burgos, they found approximately 900 grams of cocaine; inside Rivera’s vehicle, law enforcement found a phone that had been used to contact Torres. Burgos and Rivera were arrested on state charges that day and have since been charged in federal court in Worcester.
Torres faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Owners of Northwest’s Largest Electronics Recycling Firm Sentenced to Prison for Wire Fraud ConspiracyRead the Press Release
The owners and Chief Executive Officers of Total Reclaim, the Northwest’s largest recycler of electronic waste, were sentenced today in U.S. District Court in Seattle to 28 months in prison and three years of supervised release for conspiracy to commit wire fraud. At the sentencing hearing, U.S. District Judge Richard A. Jones noted that with the men’s conduct could have impacted generations with mercury poisoning. “Your conduct spanned seven years and only stopped because you were caught. You had multiple opportunities to say enough is enough,” Judge Jones said.
CRAIG LORCH, 61, of Seattle, and JEFF ZIRKLE, 55, of Bonney Lake, Washington, earned millions of dollars through Total Reclaim by promising to recycle safely electronic products such as flat screen monitors. In marketing Total Reclaim’s services, LORCH and ZIRKLE warned that the products contained hazardous materials that can cause serious health conditions if processed in unsafe conditions such as those that exist in developing countries in Asia. LORCH and ZIRKLE promised customers that Total Reclaim would not export electronic waste to developing countries. But, in fact, the defendants secretly caused over 8 million pounds of mercury-containing flat screen monitors to be exported to Hong Kong, where they were demolished in an environmentally unsafe manor.
“Motivated by greed, these defendants betrayed every pledge they made to be good environmental stewards,” said First Assistant U.S. Attorney Tessa M. Gorman. “They protected their salaries of more than a million dollars a year, while harming the environment and risking the lives of disadvantaged Chinese workers who struggle daily just to support their families”
Total Reclaim was the biggest participant in “E-Cycle Washington,” a program created by the Washington legislature to provide for the safe recycling of hazardous electronic products. Under E-Cycle Washington, consumers drop off used electronics at stations such as Goodwill Industries free of charge. The program then paid Total Reclaim to recycle the electronics according to Washington Department of Ecology standards. Those standards bar recyclers from sending hazardous electronics products overseas.
According to records filed in the case, Total Reclaim promoted itself as a responsible electronics recycler. Total Reclaim’s website stated that “our commitment to environmental responsibility is at the core of everything Total Reclaim does.” Total Reclaim signed a public pledge in which it promised not to “allow the export of hazardous E-waste we handle to be exported” to developing countries, where workers are known to disassemble electronics, which contain dangerous materials such as mercury, without safety precautions. Total Reclaim signed agreements with customers, such as the City of Seattle, in which the customers agreed to pay Total Reclaim to recycle electronics in accordance with these standards. According to court filings, it would have cost Total Reclaim about $2.6 million to appropriately dispose of the monitors.
In 2008, contrary to its promises to the public, Total Reclaim began secretly exporting flat screen monitors to Hong Kong to avoid the cost of safely recycling the monitors in the United States. Flat screen monitors are known to contain mercury, which can cause organ damage, mental impairment, and other serious health consequences to people exposed to the material. LORCH and ZIRKLE caused at least 8.3 million pounds of monitors to be shipped to Hong Kong between 2008 and 2015. To prevent customers and auditors from learning of the practice, LORCH and ZIRKLE falsified documents, made false statements to customers, and stored the monitors at an undisclosed facility while they awaited shipping.
Defendants’ fraud was discovered in 2014 by a non-governmental organization known as the Basel Action Network (“BAN”). BAN, which studies the export of electronic waste, placed electronic trackers on flat screen monitors and deposited them for recycling. The trackers showed that the monitors were collected by Total Reclaim and then exported to Hong Kong. When BAN representatives followed the tracking devices to Hong Kong, they discovered that the monitors were being dismantled by laborers who smashed the monitors apart without any precautions to protect the workers or the environment. After BAN notified LORCH and ZIRKLE of its findings, LORCH and ZIRKLE tried to cover up their fraud by altering hundreds of shipping records.
LORCH and ZIRKLE have agreed to pay $945,663 in restitution.
As prosecutors wrote in their sentencing memorandum, this case is more than a financial fraud. “Lorch and Zirkle’s crime has all the hallmarks of a classic financial fraud. It includes lies to customers and auditors, the falsification of hundreds of documents, millions of dollars in ill-gotten gains, and a cover-up after the fraud was discovered. But this offense stands apart from the typical fraud because the greatest damage is not measured in dollars and cents. Rather, it lies in the health consequences that resulted from defendants’ calculated choice to prioritize their own economic well-being over the health of faceless foreign workers.”
The case was investigated by the Environmental Protection Agency Criminal Investigation Division (EPA-CID). The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Owner of Defense Contracting Firm Admits Defrauding U.S. Department of Defense and Conspiring to Violate Arms Export Control ActRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man today admitted defrauding the U.S. Department of Defense (DoD) by providing military equipment parts that were not what he had contracted to provide and illegally accessing technical information because he was not a United States citizen, U.S. Attorney Craig Carpenito announced.
Oben Cabalceta, 53, of Atco, New Jersey, pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an information charging him with one count of wire fraud and one count of conspiracy to violate the Arms Export Control Act.
According to documents filed in this case and statements made in court:
Cabalceta was the owner of two companies: Owen’s Fasteners Inc. (Owen’s) and United Manufacturer LLC (United), two manufacturing companies in West Berlin, New Jersey.
Cabalceta admitted that between August 2004 and March 2016, Owen’s and United obtained contracts with the DoD by falsely claiming that the military parts it contracted to provide would be the exact product provided by authorized manufacturers. The DoD contracts specified that the military parts were critical application items for military equipment, including aircraft. Contrary to the contract, Cabalceta either used his companies to contract with local manufactures to supply non-conforming parts or made the parts himself at a significantly reduced cost. The non-conforming parts were shipped from New Jersey to various DoD locations around the country. DoD paid Owen’s and United $1,890,939 for those parts.
Cabalceta also admitted that he was a native and citizen of the Republic of Costa Rica who overstayed his tourist visa in 2000 and was not lawfully in the United States. To further his fraud on the DoD, in August 2005 and November 2010, Cabalceta caused his brother-in-law, Roger Sobrado, to submit to the DoD a fraudulent application for access to export controlled drawings and technical data on behalf Owen’s. In 2015, Cabalceta caused an accomplice to submit to the DoD a fraudulent application for access to export controlled drawings and technical data on behalf Owen’s.
Cabalceta acknowledged that access to the controlled drawings and technical data was limited to citizens of the United States and those lawfully in the United States. He admitted that on July 28, 2011, and at various times between January 2013 and November 2015, while unlawfully in the United States, he accessed or downloaded drawings that were sensitive in nature that required special access.
The count of wire fraud to which Cabalceta pleaded guilty carries a maximum potential penalty of 20 years in prison and a $250,000 fine. The count of conspiracy to violate the Arms Control Export Act to which he pleaded guilty carries a maximum penalty of five years in prison and a fine of $250,000. Sentencing is scheduled for Aug. 2, 2019.
On Oct. 11, 2018, Sobrado pleaded guilty before Judge Hillman to a three-count information charging him with conspiracy to commit wire fraud, conspiracy to violate the Arms Export Control Act, and income tax evasion. Sobrado’s sentencing is pending.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Defense, Defense Criminal Investigative Service Northeast Field Office, under the direction of Special Agent in Charge Leigh-Alistair Barzey; special agents of the U.S. Attorney’s Office; special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael; special agents of IRS - Criminal Investigation, under the direction of Special Agent In Charge John R. Tafur; and special agents of the Social Security Administration, Office of Inspector General, under the direction of Special Agent in Charge John F. Grasso for investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney’s Office Criminal Division in Camden.
Online Drug Dealer Pleads Guilty in Fentanyl Overdose DeathRead the Press Release
Assistant U. S. Attorney Michael A. Deshong (619) 546-9290
NEWS RELEASE SUMMARY – April 24, 2019
SAN DIEGO – Drug dealer Trevon Antone Lucas pleaded guilty in federal court today, admitting that he sold pills containing fentanyl to a La Jolla man, causing his fatal overdose last year.
Lucas, a resident of Highland, California, admitted in his plea agreement that he posted online advertisements for the illegal sale of prescription pills. The victim responded to one of Lucas’ posts in 2017 and began purchasing various prescription pills from him.
According to his plea agreement, on the evening of June 29, 2018, Lucas met the victim and sold him nine “blues,” a slang term for prescription oxycodone pills, for $240. The “blues” purchased from Lucas were counterfeit and contained deadly fentanyl. The victim was found dead in his room the following morning.
“This is what the deadly fentanyl crisis looks like at Ground Zero,” said U.S. Attorney Robert Brewer. “It’s not some far off problem. It is a mother finding her son dead on the floor after he swallowed a substance so dangerous that in its purest form, even a tiny amount touching the skin can be deadly. Those who sell fentanyl resulting in death will be held accountable for their callous and reckless disregard for human life.”
Text messages between the victim and Lucas indicated that Lucas sold the counterfeit pills laced with fentanyl that caused the fatal overdose. Three other individuals, Cenlair Marie Fields, Kevin Vandale Chandler and Donovan Adontas Carter were charged in the same indictment with conspiring with Lucas to distribute prescription hydrocodone pills. All three have since pleaded guilty.
Lucas is scheduled to be sentenced on July 19, 2019 before U.S. District Judge Cathy Ann Bencivengo.
This case is the result of ongoing efforts by the U.S. Attorney’s Office, the San Diego County District Attorney’s Office, and multiple law enforcement agencies to investigate and prosecute the distribution of dangerous illegal drugs that result in overdose deaths.
Many opioid addicts start their addiction with legitimate prescription drugs. Drug cartels, looking to capitalize on the opioid epidemic, are making counterfeit prescription pills using deadly fentanyl. More than 399,000 people died from opioid overdoses, including prescription and illicit opioids, from 1999-2017.
In July 2018, Narcotics Task Force Team 10 was created to address drug overdose deaths in San Diego County. Team 10’s first investigation was the fentanyl drug overdose of this La Jolla man on June 30, 2018. The victim was 38 years old and he left behind his mother and brother.
“These types of investigations are unique and are changing perceptions about drug use and addiction in the law enforcement community,” said DEA Special Agent in Charge Karen Flowers. “Team 10 is bearing witness to the carnage and despair that each drug overdose victim leaves behind: families devastated, friends grief-stricken and the future of loved ones ripped away in an instant. That alone is one of the hardest things in life to understand and accept.
“Today’s plea deal sends a powerful message to anyone seeking to profit from selling drugs,” Flowers said. “If your client dies, the law will come for you and you will be prosecuted accordingly. These men made choices that deprived them of their hopes and dreams in their futures. Trevon Lucas is 23 years old and he just pleaded guilty to a crime that requires a 20-year sentence in federal prison. For Team 10 investigators and our community, today is bittersweet. Justice was served.”
The power to make a difference starts at home, beginning with returning unused, unwanted and expired medications susceptible to theft and abuse. This Saturday, April 27th, the DEA is providing a free and anonymous service to “Take Back” prescription drugs. There will be over 6,000 DEA collection sites nationally. DEA Take Back Day provides an actionable way for any American to step up and help combat this crisis by simply cleaning out their medicine cabinet. To find a location near you, go to www.DEATAKEBACK.com. Keep them safe. Clean them out. Take them back.
DEFENDANTS Case Number 18cr4224-CAB
Trevon Antone Lucas Age: 23 Highland, CA
SUMMARY OF CHARGES
Distribution of Fentanyl Resulting in Death – Title 21, U.S.C., Section 841(b)(1)(C)
Maximum Penalty: Mandatory minimum 20 years’ imprisonment up to life
AGENCIES
Drug Enforcement Administration
San Diego Police Department
Homeland Security Investigations
California Department of Health Care Services
Federal Bureau of Investigation
San Diego County District Attorney’s Office
Nurse Practitioner Pays $60,000 to Settle Civil Penalty Claims Under the Controlled Substances ActRead the Press Release
Oklahoma City – Johnny T. Ng, CNP, of Oklahoma City, has agreed to pay $60,000 to settle civil penalty claims stemming from allegations he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced First Assistant U.S. Attorney Robert J. Troester.
Ng practices medicine primarily at the Careng Clinic in Oklahoma City. The United States alleges that his DEA Certificate of Registration expired on October 31, 2018, and he did not obtain a new certificate until November 5, 2018. More specifically, the United States alleges that, on November 1 and 2, 2018, Ng issued prescriptions for Schedule III and Schedule IV controlled substances without a valid DEA Certificate of Registration.
To resolve these allegations, Ng agreed to pay $60,000 to the United States.
In reaching this settlement, Ng did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Agency, Office of Diversion Investigation. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.
New Hampshire Man Pleads Guilty to Trafficking in Protected WildlifeRead the Press Release
BOSTON - A New Hampshire man pleaded guilty today in federal court in Boston to illegally trafficking live water monitor lizards from the Philippines.
Derrick Semedo, 26, of Nashua, N.H., pleaded guilty to one count of trafficking in monitor lizards that were exported illegally from the Philippines. Senior U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Aug. 13, 2019.
According to court documents, Semedo admitted to illegally importing more than 20 live water monitor lizards from the Philippines between March and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by United States customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed in the back panels of audio speakers or other electronic equipment. The equipment was then shipped via commercial carriers to Semedo in Massachusetts. The customs declarations accompanying the shipments identified the content as audio speakers or similar electronics.
As part of his plea, Semedo admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated United States law. Semedo also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and New Hampshire.
“Endangered species are called that for a reason,” said U.S. Attorney Andrew E. Lelling. “Illegally trafficking a protected species in violation of United States and international law is callous and short-sighted. This office will continue to target those who exploit protected animals and ecosystems for personal gain.”
“To remove members of endangered species from their natural habitat and illegally sell them in the United States is harmful to the animals, their native habitats, and the new ecosystems they have unwittingly invaded,” said Assistant Attorney General Clark. “The Department of Justice remains determined to work with our law enforcement partners to ensure that these endangered animals are protected, as they should be, in the United States and abroad.”
This case is part of Operation Sounds of Silence, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice, to prosecute those involved in the illegal taking of and trafficking in protected species.
The charge of trafficking in protected wildlife provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Assistant Attorney General Jeffrey Bossert Clark, of the Department of Justice’s Environmental and Natural Resources Division; and Ryan Noel, Special Agent in Charge of the U.S. Fish & Wildlife Service’s Region Five office, made the announcement today. The Philippines’ National Bureau of Investigations provided valuable assistance with the investigation. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Criminal Division and Trial Attorneys Gary Donner and Erica Pencak of the Justice Department’s Environmental and Natural Resources Division are prosecuting the case.
New Hampshire Man Pleads Guilty to Trafficking in CITES-Protected Water Monitor LizardsRead the Press Release
Derrick Semedo, a resident of Nashua, New Hampshire, pleaded guilty today to illegally trafficking live water monitor lizards from the Philippines.
The guilty plea was announced by Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division and Andrew Lelling, United States Attorney for District of Massachusetts.
Semedo, 26, pleaded guilty in Boston before U.S. District Judge Douglas P. Woodlock to one count of wildlife trafficking in violation of the Lacey Act.
According to plea documents, Semedo admitted to illegally importing more than 20 live water monitor lizards from the Philippines between March and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by United States customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed in the back panels of audio speakers or other electronic equipment. The equipment was then shipped via commercial carriers to Semedo in Massachusetts. The customs declarations accompanying the shipments identified the content as audio speakers or similar electronics.
As part of his plea, Semedo admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated United States law. Semedo also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and New Hampshire.
“To remove members of endangered species from their natural habitat and illegally sell them in the United States is harmful to the animals, their native habitats, and the new ecosystems they have unwittingly invaded,” said Assistant Attorney General Clark. “The Department of Justice remains determined to work with our law enforcement partners to ensure that these endangered animals are protected.”
“Endangered species are called that for a reason,” said U.S. Attorney Andrew E. Lelling. “Illegally trafficking a protected species in violation of United States and international law is callous and short-sighted. This office will continue to target those who exploit protected animals and ecosystems for personal gain.”
“Wildlife trafficking is a transnational crime that impacts imperiled species at home and abroad,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “Monitor lizards, and other reptiles, are especially vulnerable to the illegal wildlife trade and are the silent victims of those who choose to inhumanely decimate these animals for financial gain. We would like to thank our partners at the U.S. Attorney’s Office and the U.S. Department of Justice for their assistance with this case. Together, we can continue to protect imperiled species for future generations.”
Monitor lizard is the common name for lizards comprising the genus Varanus. Monitor lizard species (there are approximately 70) are characterized by elongated necks, heavy bodies, long-forked tongues, strong claws, and long tails. Monitor lizards have a vast geographical range and are native to Africa, Asia, and Oceania. Water monitor lizards are semi-aquatic monitor lizards endemic to South and Southeastern Asia. Water monitor lizards, as their name suggests, are water dependent and easily swim long distances. This ability has allowed them to inhabit many remote islands. Some species of water monitor lizard are common and abundant in the pet trade, while others are extremely rare and are found only on specific islands. In addition to suffering increasing habitat loss due to rainforest destruction, water monitor lizards are often illegally collected from the wild and killed for bush meat, traditional medicine, or for their skins. Water monitor lizards are also targeted due to their popularity in the international exotic pet trade. Exotic pet traders seek these water monitor lizards due to their attractive patterns, unique colors, intelligence, and rarity. The yellow-headed water monitor (Varanus cumingi), the white-headed water monitor (Varanus nuchalis), and the marbled water monitor (Varanus marmoratus), are species of large monitor lizards endemic to the Philippines.
This case is part of Operation Sounds of Silence, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice, to prosecute those involved in the illegal taking of and trafficking in protected species, including water monitor lizards.
The investigation was handled by the U.S. Fish and Wildlife Service’s Office of Law Enforcement, the United States Attorney’s Office for the District of Massachusetts, and the Justice Department’s Environmental Crimes Section. The government is represented by Assistant U.S. Attorney Seth Kosto and Environmental Crimes Section Trial Attorneys Gary N. Donner and Erica H. Pencak.
Morgantown man admits to child pornography chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – John Ontko, of Morgantown, West Virginia, has admitted to a child pornography charge, United States Attorney Bill Powell announced.
Ontko, age 66, pled guilty to one count of “Possession of Child Pornography.” Ontko admitted to having child pornography from February to April 2018 in Monongalia County.
Ontko faces up to 20 years incarceration and a fine of up to $250,000. 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 David J. Perri is prosecuting the cases on behalf of the government. The U.S. Department of Energy Office of Inspector General investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mexican Man Sentenced for Delivering Methamphetamine on Behalf of Drug Trafficking OrganizationRead the Press Release
United States Attorney Joe Kelly announced that on April 22, 2019, Senior United States District Judge Laurie Smith Camp sentenced Emmanuel Solorio-Cruz, of Mexico, to a 46-month term of imprisonment, to be served in the U.S. Bureau of Prisons. Solorio-Cruz pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine.
During the first few months of 2018, Solorio-Cruz conspired with others to distribute methamphetamine throughout the Omaha/Council Bluffs metropolitan area. Solorio-Cruz functioned as a courier for the organization and delivered methamphetamine to customers on behalf of Jasive Zamora-Carrillo, of Council Bluffs, Iowa. On February 25, 2019, Zamora-Carrillo was sentenced to 168 months’ imprisonment. Four additional defendants in the case have also been sentenced. Solorio-Cruz further agreed as part of his plea agreement to be removed from the United States to Mexico by immigration authorities upon completion of the term of imprisonment.
The case was primarily investigated by the Drug Enforcement Administration – Omaha Field Division, the Omaha Police Department, and the Southwest Iowa Narcotics Task Force.
Methamphetamine Dealer Sentenced to 30 Years in PrisonRead the Press Release
A Tulsa man has been sentenced today in U.S. District Court for dealing methamphetamine, brandishing a loaded gun at investigators and counterfeiting money, announced U.S. Attorney Trent Shores.
U.S. District Judge Gregory K. Frizzell sentenced Shaun Cruz Conine, 46, to 30 years in federal prison for his crimes. Conine previously pleaded guilty on Jan. 17, 2019, admitting to possessing with intent to distribute more than 50 grams of methamphetamine and other controlled substances, brandishing a firearm at officers and counterfeiting U.S. currency with intent to pass it off as genuine.
“Since taking the oath as United States Attorney, ensuring public safety has been my most urgent and paramount priority. I want for every citizen in northern Oklahoma to have a safe neighborhood with safe streets. The centerpiece of our enforcement efforts is Project Safe Neighborhoods, an initiative that promotes partnerships,” said U.S. Attorney Shores. “Conine, a drug dealing and gun wielding Alpha criminal, is experiencing firsthand the results of our PSN partnerships. Federal and tribal law enforcement agencies worked seamlessly, side-by-side to investigate and arrest Conine. This was truly a team effort between investigators and my federal prosecutors. Conine’s 30-year sentence in federal prison is not only appropriate, it is just. Tulsans are safer with Shaun Conine behind bars.”
Conine was arrested on September 19, 2018, after he ran a stop sign and fled from Muscogee (Creek) Nation Lighthorse officers who were attempting to question him in reference to a death that occurred at the River Spirit Casino. During the investigation, Conine was identified as last being seen with the individual and is known to have supplied her with drugs.
As Conine fled, he brandished a loaded revolver at the pursuing investigators. He eventually crashed and rolled his vehicle. Inside the vehicle, investigators discovered multiple drugs including methamphetamine, fentanyl and pills; syringes; digital weight scales; glass pipes; and multiple firearms including a shotgun, two rifles and a revolver. Investigators also found credit cards, passports, social security cards and Oklahoma identification cards bearing different names as well as counterfeit currency and multiple electronic devices that were used for counterfeiting.
Conine remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
The Muscogee (Creek) Nation Lighthorse Tribal Police Department, Secret Service, FBI and Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney and Tribal Liaison Shannon Cozzoni and Assistant U.S. Attorney Scott Proctor prosecuted the case.
Manhattan U.S. Attorney and DEA Announce Charges Against Rochester Drug Co-Operative and Two Executives for Unlawfully Distributing Controlled SubstancesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Ray Donovan, the Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), announced today criminal charges against Rochester Drug Co-Operative, Inc. (“RDC”), one of the 10 largest pharmaceutical distributors in the United States; Laurence F. Doud III, the company’s former chief executive officer; and William Pietruszewski, the company’s former chief compliance officer, for unlawfully distributing oxycodone and fentanyl, and conspiring to defraud the DEA. Mr. Berman’s Office also filed a lawsuit against RDC for its knowing failure to comply with its legal obligation to report thousands of suspicious orders of controlled substances to the DEA.
Mr. Berman also announced an agreement (the “Agreement”) and consent decree under which RDC agreed to accept responsibility for its conduct by making admissions and stipulating to the accuracy of an extensive Statement of Facts, pay a $20 million penalty, reform and enhance its Controlled Substances Act compliance program, and submit to supervision by an independent monitor. Assuming RDC’s continued compliance with the Agreement, the Government has agreed to defer prosecution for a period of five years, after which time the Government will seek to dismiss the charges. The consent decree is subject to final approval by the court.
U.S. Attorney Geoffrey S. Berman said: “This prosecution is the first of its kind: executives of a pharmaceutical distributor and the distributor itself have been charged with drug trafficking, trafficking the same drugs that are fueling the opioid epidemic that is ravaging this country. Our Office will do everything in its power to combat this epidemic, from street-level dealers to the executives who illegally distribute drugs from their boardrooms.”
DEA Special Agent in Charge Ray Donovan said: “Today’s charges should send shock waves throughout the pharmaceutical industry reminding them of their role as gatekeepers of prescription medication. The distribution of life-saving medication is paramount to public health; similarly, so is identifying rogue members of the pharmaceutical and medical fields whose diversion contributes to the record-breaking drug overdoses in America. DEA investigates DEA Registrants who divert controlled pharmaceutical medication into the wrong hands for the wrong reason. This historic investigation unveiled a criminal element of denial in RDC’s compliance practices, and holds them accountable for their egregious non-compliance according to the law.”
According to the documents filed today in Manhattan federal court[1]:
Violations of the Federal Narcotics Laws
From 2012 through March 2017, as alleged, RDC knowingly and intentionally violated the federal narcotics laws by distributing dangerous, highly addictive opioids to pharmacy customers that it knew were being sold and used illicitly. At the direction of its senior management, including Doud and Pietruszewski, RDC supplied large quantities of oxycodone, fentanyl, and other dangerous opioids to pharmacy customers that its own compliance personnel determined were dispensing those drugs to individuals who had no legitimate medical need for them. RDC distributed controlled substances to those pharmacies even after identifying “red flags” of diversion, including dispensing highly abused controlled substances in large quantities; dispensing primarily controlled substances; dispensing quantities of controlled substances in amounts consistently higher than accepted medical standards; accepting a high percentage of cash for controlled substance prescriptions; dispensing to out-of-state patients; and filling controlled substances prescriptions issued by practitioners acting outside the scope of their medical practice, under investigation by law enforcement, or on RDC’s “watch list.” In addition, and at Doud’s direction, RDC frequently brought on pharmacy customers that had been terminated by other distributors.
RDC’s employees, including in conversations with Doud and Pietruszewski, described some of the company’s customers as “very suspicious,” and even characterized particular pharmacies as a “DEA investigation in the making” or “like a stick of dynamite waiting for [the] DEA to light the fuse.” Nonetheless, throughout the period in question, RDC, at the direction of Doud, increased its sales of oxycodone and fentanyl exponentially. From 2012 to 2016, RDC’s sales of oxycodone tablets grew from 4.7 million to 42.2 million – an increase of approximately 800 percent – and during the same period RDC’s fentanyl sales grew from approximately 63,000 dosages in 2012 to over 1.3 million in 2016 – an increase of approximately 2,000 percent. During that same time period, Doud’s compensation increased by over 125 percent, growing to over $1.5 million in 2016.
Conspiracy to Defraud the DEA
From 2012 through March 2017, as alleged, RDC took steps to conceal its illicit distribution of controlled substances from the DEA and other law enforcement authorities. Among other things, RDC made the deliberate decision not to investigate, monitor, or report to the DEA pharmacy customers that it knew were diverting controlled substances for illegitimate use. Because it knew that reporting these pharmacies would likely result in the DEA investigating and shutting down its customers, RDC’s senior management, including Doud, directed the company’s compliance department – and in particular Pietruszewski – not to report them, and instead to continue supplying those customers with dangerous controlled substances that the company knew were being dispensed and used for illicit purposes. Among other things, pursuant to Doud’s instructions, and contrary to the company’s representations to the DEA, RDC opened new customer accounts without conducting due diligence, and supplied those customers – some of whom had been terminated by other distributors – with dangerous controlled substances.
Additionally, RDC knowingly and willfully avoided filing suspicious order reports with the DEA as required by law. Between 2012 through 2016, the company identified approximately 8,300 potentially suspicious “orders of interest,” including thousands of oxycodone orders, but the company reported only four suspicious orders to the DEA. As alleged, RDC did not report suspicious orders in order to protect the profit being generated by customers dispensing large quantities of controlled substances. As a result, the DEA’s ability to identify and prevent the illicit dispensing of highly addictive controlled substances by several of RDC’s pharmacy customers was impeded.
* * *
ROCHESTER DRUG CO-OPERATIVE, INC., is a wholesale distributor of pharmaceutical products, including controlled substances, headquartered in Rochester, New York. It is one of the nation’s 10 largest distributors of pharmaceutical products – and the fourth largest in the New York area – with over 1,300 pharmacy customers and over $1 billion in revenue per year. RDC has been charged in an Information with conspiracy to violate the narcotics laws, conspiracy to defraud the United States, and willfully failing to file suspicious order reports. RDC has also been sued in a civil complaint for its failure to file suspicious order reports.
LAURENCE F. DOUD III, 75, of New Smyrna, Florida, has been charged with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years, and one count of conspiracy to defraud the United States, which carries a maximum prison term of five years.
WILLIAM PIETRUSZEWSKI, 53, of Oak Ridge, New Jersey, has been charged with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of life in prison and a mandatory minimum prison term of 10 years; one count of conspiracy to defraud the United States, which carries a maximum sentence of five years in prison; and one count of willfully failing to file suspicious order reports with the DEA, which carries a maximum sentence of one year in prison. PIETRUSZEWSKI pled guilty to these charges, pursuant to a cooperation agreement, on April 19, 2019.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the investigative work of the DEA’s Westchester Tactical Diversion Team, comprising Special Agents, Diversion Investigators, and Task Force Officers from the DEA, Westchester County Police Department, Town of Orangetown Police Department, Rockland County Sheriff’s Office, Woodbury Police Department, Yonkers Police Department, New Windsor Police Department, and Putnam County Sheriff’s Office.
The criminal cases are being handled by the Narcotics Unit of the Office’s Criminal Division. Assistant U.S. Attorneys Stephanie Lake, Louis Pellegrino, Nicolas Roos, and Alexandra Rothman are in charge of the prosecutions. The civil case against RDC is being handled by the Office’s Civil Division. Assistant U.S. Attorneys Jacob M. Bergman and Jeffrey K. Powell are in charge of the case.
The charges contained in the Doud Indictment and RDC Information are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment against Doud and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Man Sentenced for Distributing Heroin in MadisonRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Antonio Wiley, 38, Chicago Heights, Illinois, was sentenced yesterday by U.S. District Judge James Peterson to 87 months in federal prison for distributing heroin. This term of imprisonment is to be followed by six years of supervised release. Wiley pleaded guilty to this offense on January 3, 2019.
Wiley sold heroin to an undercover officer numerous times in 2017 and 2018. Judge Peterson found Wiley responsible for distributing between 100 and 400 grams of heroin in the Madison area, and while Judge Peterson did not believe Wiley to be a “kingpin,” he did find Wiley had sold “a fair amount of heroin in his day.” The Judge was also concerned that despite two prior convictions for selling heroin, Wiley continued his pattern of behavior.
Wiley’s co-conspirator, Darius Williams, 40, Chicago, Illinois, pleaded guilty on February 27, 2019 to distributing heroin. He will be sentenced by Judge Peterson on May 17.
The charge against Wiley was the result of an investigation conducted by the Dane County Narcotics and Gang Task Force and the Drug Enforcement Administration. The prosecution of the case has been handled by Assistant U.S. Attorney Elizabeth Altman.
Man Pleads Guilty to Illegal Distribution of Oxycodone Resulting in the Death of Former University of South Carolina StudentRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Anthony James Edward Hunt, 24, of Columbia, South Carolina, pleaded guilty in federal court to the distribution of oxycodone resulting in death.
Evidence presented to the court showed that in January 2016, Hunt sold a former University of South Carolina student, named in the indictment as R.B., alprazolam tablets on January 24 and 26, 2016, after R.B. expressed her desire to commit suicide. When the alprazolam tablets failed to cause R.B. to die, Hunt advised R.B. that she could take her life by ingesting oxycodone tablets, and he provided her with detailed instructions on how to consume the oxycodone pills. On January 27, 2016, Hunt sold R.B. ten 30-milligram oxycodone tablets. The next day, R.B. was found deceased in her apartment. Experts opined that R.B.’s death was caused by an oxycodone overdose. After his arrest, Hunt admitted to law enforcement that he distributed the oxycodone to R.B. knowing that she intended to commit suicide.
Hunt faces a maximum penalty of life in federal prison. United States District Judge J. Michelle Childs of Columbia accepted the guilty plea and will sentence Hunt after receiving and reviewing a presentencing report prepared by the United States Probation Office.
“This case reveals the dangers associated with the illegal distribution of prescription drugs, particularly opioids,” said U.S. Attorney Lydon. “The U.S. Attorney’s Office will never tire in our fight for justice for victims of unscrupulous drug dealers, and we will continue to work with law enforcement and community leaders to stem the tide of an epidemic that has devastated countless American families.”
The charges against Hunt were the result of an investigation led by Drug Enforcement Administration Agent Adam Roberson, with the assistance of the Richland County Sheriff’s Office, Richland County Coroner’s Office, Columbia Police Department, University of South Carolina Police Department, and Fifth Circuit Solicitor’s Office.
Assistant United States Attorney Benjamin Garner of the Columbia office is prosecuting the case.
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Liverpool Man Sentenced to 20 Years on Second Child Pornography ConvictionRead the Press Release
SYRACUSE, NEW YORK – John Dauenhauer, 58, of Liverpool, New York, was sentenced today to serve 20 years in prison for transporting and possessing child pornography, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of U.S. Homeland Security Investigations (HSI).
As part of his guilty plea in federal court, Dauenhauer admitted that in November of 2017 he used a computer connected to the internet to upload to an IMGBox account nine graphic image files depicting one or more minors engaged in sexually explicit conduct.
Dauenhauer further admitted that in addition to the child pornography files he uploaded to the internet in November of 2017, that in June of 2018 he knowingly possessed on a Sandisk thumb drive approximately 80 videos that depict child pornography.
Senior United States District Judge Hon. Thomas J. McAvoy also imposed a lifetime term of supervised release, which will start after Dauenhauer is released from prison, ordered the defendant to pay $21,000 in restitution to victims, as well as a $200 special assessment. As a result of his conviction, Dauenhauer will be required to register as a sex offender upon his release from prison.
Dauenhauer was previously convicted of a child pornography charge in Onondaga County (New York) Court on March 26, 2010, when he pled guilty to Possessing A Sexual Performance By A Child Less Than 16 Years of Age, a Class E Felony, and was sentenced to a 10-year term of probation.
Dauenhauer’s current federal case was investigated by U.S. Homeland Security Investigations (HSI) and the New York State Police. The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is 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 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 https://www.justice.gov/psc.
Lincoln Woman Sentenced for Possession with Intent to Distribute Methamphetamine and MarijuanaRead the Press Release
United States Attorney Joe Kelly announced that on April 23, 2019, Vanessa D. Pinkney, 33, of Lincoln, was sentenced to ten years, (120 months), in federal prison by Senior United States District Judge Richard G. Kopf for possession with intent to distribute 500 grams or more of methamphetamine mixture and an unspecified amount of marijuana. Following the prison term, Pinkney will serve five years on supervised release.
On June 13, 2018, the Lincoln/Lancaster County Drug Task Force executed a search warrant at the Lincoln residence of Pinkney’s co-defendant, Herbert B. Kinchen. During the search, officers found approximately 2 ½ pounds of methamphetamine and 2 ½ pounds of marijuana. Kinchen and Pinkney were contacted by officers as they approached the residence while the search was being conducted. Pinkney said Kinchen was her boyfriend. She said she did not live at that residence, but she kept clothing and personal items there.
Kinchen has also entered a guilty plea and is scheduled for sentencing in July of 2019.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Leakesville Man Sentenced to over Four Years in Federal Prison for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss – Terry Mills, Jr., 21, of Leakesville, Mississippi, was sentenced by Senior U.S. District Judge Louis Guirola, Jr. to 49 months in federal prison, followed by 3 years of supervised release, for possessing with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation.
Between August 24, 2016 and October 18, 2017, Mills sold methamphetamine to a confidential source on four different occasions. On July 10, 2018, he was charged in a federal criminal indictment, and on January 23, 2019, he pled guilty to possession with intent to distribute methamphetamine. Mills was held responsible for selling between 35 and 50 grams of methamphetamine ICE.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John Meynardie.
Kittery Man Charged with Federal Interstate Domestic Violence CrimesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Nelson Jean Dion, 52, of Kittery, was charged by criminal complaint in U.S. District Court with two counts of interstate travel to violate a protection order. Dion appeared before a United States Magistrate Judge in Portland Tuesday afternoon and was ordered detained pending a court hearing on April 30, 2019.
According to court documents, between April 19, 2016, and June 30, 2016, Dion traveled from Maine to New Hampshire, and then from New Hampshire to Maine, to have contact with a former live-in girlfriend in violation of a provision contained in a bail bond that had been issued by the York County Superior Court.
If convicted as charged, the defendant faces up to five years in prison and a fine of up to $250,000 on each charge. The charges contained in the criminal complaint are only accusations and the defendant remains innocent unless and until proven guilty.
This case was investigated by the Kittery, Berwick, and Eliot, Maine Police Departments, the York County District Attorney’s Office, the Portsmouth, New Hampshire Police Department, and the Federal Bureau of Investigation and prosecuted as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions 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.
Kanawha County Woman Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County woman was convicted of a federal drug crime, announced United States Attorney Mike Stuart. Ashley Nichole Rhodes, age 24, of Chesapeake, pled guilty to possessing with intent to distribute methamphetamine. Stuart commended the investigation conducted by the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“No one in our communities is immune from being victimized by criminal activity related to drug dealing,” said United States Attorney Mike Stuart. “The communities of the Upper Kanawha Valley are suffering because of drug dealers and the mayhem they cause. We are doing everything we can do – in every corner of the district – to hold drug dealers accountable and to kick them out of our neighborhoods.”
As established by public court filings and hearings, on August 16, 2018, a man reported to Kanawha County deputies that his house in Rand, West Virginia, was burglarized. The burglars stole six firearms, three digital cameras, vehicle titles, $1,000 in savings bonds, and various other personal items.
Later that day, a Deputy with the Kanawha County Sheriff’s Department found some of the stolen items in a backpack outside of an empty, abandoned house on Church Drive. The Deputy spotted another dilapidated, abandoned house nearby, which was open. After entering the house and announcing his presence, the Deputy found Mason Laviro Scragg lying on a mattress. One of the stolen firearms, a 12 gauge shotgun, was protruding from under the mattress directly beneath Scragg. Rhodes was found hiding behind a mirror nearby. Deputies recovered close to five grams of methamphetamine in the room, which Rhodes later claimed. Scragg previously pled guilty to possessing a firearm as a felon.
Rhodes is facing up to 20 years in prison and a $1,000,000 fine when she is sentenced on July 31, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.
SDWVNews and USAttyStuart
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Jury Finds Pennsylvania Biofuel Company Owners Guilty of Tax and False Statements ConspiracyRead the Press Release
Following a 14-day jury trial in Harrisburg, Pennsylvania, Ben T. Wootton, of Enola, Pennsylvania, and Race A. Miner, of Buena Vista, Colorado, were found guilty of one count of conspiracy to make false statements to the Environmental Protection Agency (EPA), six counts of making false statements to the EPA, one count of conspiracy to defraud the Internal Revenue Service (IRS), and one count of aiding and assisting in the filing of a false claim with the IRS, announced Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environmental and Natural Resources Division (ENRD), Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney David J. Freed for the Middle District of Pennsylvania, EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine, and IRS-CI Special Agent in Charge Kelly Jackson. The jury also found the corporation, Keystone Biofuels Inc. (Keystone), guilty of conspiring to make false statements to the EPA and six counts of making false statements to the EPA.
According to the evidence presented at trial, Wootton and Miner co-owned and operated Keystone, originally in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Keystone purported to be a producer and seller of biodiesel, a type of renewable fuel. From August 2009 through September 2013, Wootton and Miner participated in a conspiracy to fraudulently generate renewable fuel credits, identified by renewable identification numbers (RINs) on Keystone fuel and, through January 2012, to fraudulently claim tax refunds based on the Biodiesel Mixture Tax Credit, a federal excise tax credit for persons or businesses who mix biodiesel with petroleum and use or sell the mixture as a fuel.
“These defendants are guilty of premeditated fraud, pure and simple,” said Assistant Attorney General Clark. “They directly stole money from the federal fisc and they masqueraded as benefactors of the environment. We are grateful for the cooperation of our partners in the Tax Division and U.S. Attorney’s Office in putting an end to this scheme.”
“Abuse of biodiesel fuel credits harms law abiding renewable fuel producers and the United States government,” said Principal Deputy Assistant Attorney General Zuckerman. “The Tax Division along with its partners at United States Attorney’s Offices, ENRD, IRS-CI, and EPA will vigorously prosecute those who fraudulently claim biodiesel fuel credits and violate the criminal law.”
“The defendants in this case participated in a criminal scheme that struck directly at the heart of a government program that was created to benefit both honest business owners and the community at large by encouraging the development and use of clean bio-diesel fuel,” said U.S. Attorney David J. Freed. “Instead, the defendants defrauded their fellow citizens to the tune of more than 4 million dollars. Working with our partners, we will not rest in pursuing cases that target our shared financial resources.”
“Today’s guilty verdict is a victory for the American taxpayer,” said IRS-CI Special Agent in Charge Kelly Jackson. “IRS Criminal Investigation will pursue anyone who burns the biodiesel industry by enriching themselves through tax credits they are not entitled to.”
“Today’s guilty verdict demonstrates the severe consequences for anyone who tries to make a profit by defrauding the RINS market,” said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “EPA and its federal partners worked together to protect the integrity of the Renewable Fuels Standard program by uncovering and prosecuting the defendants’ criminal activities.”
According to evidence presented at trial, as part of the conspiracy, Wootton and Miner caused inflated fuel amounts to be reported to the IRS. The inflated fuel numbers supported their fraudulent claims for tax refunds on fuel Keystone was not producing. To account for the inflated fuel amounts, Wootton and Miner created false books and records and engaged in a series of sham financial transactions intended to mirror the false books and records. In addition, Miner doctored fuel samples and test results to fraudulently claim tax refunds and RINs on fuel that did not meet the requisite quality standards to qualify for the tax refunds and RINs. It is estimated that over $10 million was generated from the fraudulent RIN sales, and the total tax loss to the government resulting from the defendants’ conduct is approximately $4,149,983.41.
Wootton and Miner face a statutory maximum sentence of five years in prison on each conspiracy count, each false statement to the EPA count, and three years in prison on the count of filing a false tax claim with the IRS, as well as periods of supervised release, restitution, and monetary penalties.
Assistant Attorney General Clark, Principal Deputy Assistant Attorney General Zuckerman, and U.S. Attorney Freed thanked agents of IRS-Criminal Investigation and EPA Criminal Investigation Division, who conducted the investigation, and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division, Trial Attorneys Mark Kotila, Kimberly Ang, and Michael Vasiliadis of the Justice Department’s Tax Division, Assistant U.S. Attorney Geoffrey MacArthur, and Special Assistant U.S. Attorney David Lastra, who prosecuted the case.
Johnstown Man Pleads Guilty to Drug ChargesRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., pleaded guilty in federal court in Johnstown to charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Michael Flemmings-Smith, 30, pleaded guilty to three counts in the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from Mar. 6, 2018, through Apr. 2, 2018, Flemmings-Smith and a co-defendant conspired to distribute and possess with the intent to distribute a quantity of cocaine base, heroin, and fentanyl. On Mar. 12, 2018, Flemmings-Smith and a co-defendant distributed a quantity of heroin, fentanyl, and cocaine base; and on Apr. 2, 2018, Flemmings-Smith possessed with the intent to distribute a quantity of cocaine base. Cocaine base is commonly known as "crack."
Judge Gibson scheduled sentencing for August 26, 2019, at 10:00 a.m. The law provides for a maximum total sentence for Flemmings-Smith of 60 years in prison, a fine of $3,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Flemmings-Smith.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
John Lott Sentenced to 420 Months Imprisonment as a Member of an Armed Robbery Crew and Drug Trafficking OrganizationRead the Press Release
Memphis, TN – John Lott was sentenced to 420 months imprisonment for his role in a conspiracy to possess with intent to distribute cocaine, the possession of a firearm in furtherance of a crime of violence, and aiding and abetting an attempted robbery. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, Lott was a member of an armed robbery crew that targeted narcotics traffickers in the Memphis area. On January 9, 2019, a federal grand jury returned an 11-count third superseding indictment against Lott and four others. The indictment followed a four-month investigation involving agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as other state and local agencies, in which Lott and his co-defendants were alleged to have participated in a conspiracy to rob drug dealers in Memphis. Lott was also indicted for his role in a conspiracy to tamper with evidence. During the investigation, agents seized multiple firearms, approximately $2,000 in U.S. currency, and approximately 28 grams of crack cocaine.
Following his guilty plea to counts five, six, seven, eight and eleven of the indictment, the proof presented at sentencing showed that Lott, who qualified as a career offender, participated along with his co-defendants in an attempted robbery of a drug trafficker in January 2018, where the mother of the drug trafficker was beaten and shot in the chest and for his role in a conspiracy to possess with intent to distribute over 5 kilograms of cocaine. Lott has an extensive history of multiple prior violent and drug felony convictions.
On April 19, 2019, U.S. District Court Judge John T. Fowlkes Jr., sentenced Lott to 420 months imprisonment followed by five years’ supervised release.
U.S. Attorney Dunavant said, "Armed Robbery crews made up of violent felons will NOT continue to terrorize and endanger our communities in West Tennessee with impunity. We use all available law enforcement and prosecutorial resources to pursue, disrupt, and dismantle groups and conspiracies that are most responsible for violence and drug dealing, and to remove dangerous offenders with firearms from our streets. I commend the great investigative work of ATF and our local partners in neutralizing this violent recidivist and his crew of trigger-pullers and traffickers."
ATF Special Agent in Charge Marcus Watson said, "ATF’s Crime Gun Intelligence Centers are the driving force to reduce the violent crime that plagues our neighborhoods. This sentencing illustrate the effective partnerships with law enforcement and the community."
This prosecution is part of an extensive investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Memphis Police Department, Multi Agency Gang Unit (MGU), and the Shelby County Sheriff’s Office.
Assistant U.S. Attorneys Jerry Kitchen and Gregory Allen prosecuted this case on behalf of the government.
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Jacksonville Woman Indicted for Submitting False Claim for FEMA Benefits Related to Hurricane IrmaRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Kimberly Dues (37, Jacksonville) with disaster assistance fraud involving Hurricane Irma. If convicted, Dues faces a maximum penalty of 30 years in federal prison, plus restitution to the United States. Dues made her initial appearance in federal court yesterday. Her arraignment is set for April 24, 2019.
According to the indictment, in September 2017, Dues falsified records concerning her primary residence when submitting an application for assistance to the Federal Emergency Management Agency’s Individuals and Households Program for Hurricane Irma.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security - Office of Inspector General. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected] . You may also visit www.justice.gov/usao-mdfl.
Jackson Man to Serve 60 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
Jackson, Miss. – Cody Clines Adkins, 36, of Jackson was sentenced yesterday by U.S. District Judge Carlton Reeves to serve a total of 720 months in federal prison followed by a lifetime of supervised release for producing child pornography and possessing images of child pornography, announced U.S. Attorney Mike Hurst, Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation, and Mississippi Attorney General Jim Hood. Adkins was also ordered to pay a $5,000 fine and restitution to be determined at a later date.
"Despicable acts committed against children will receive the severest penalties in this district. Hopefully, this monster will never touch free ground again. I commend our prosecutors, FBI agents, and state investigators for bringing this criminal to justice. We will remain ever vigilant in protecting our children," said U.S. Attorney Hurst.
"If you have an addiction to child pornography, seek help from professionals - otherwise, you could face similar penalties and time in prison like Mr. Adkins will be spending," said FBI Special Agent in Charge Freeze. "These types of investigations and prosecutions could not be successful without strong partnerships between the FBI, U.S. Attorney's Office, Mississippi Attorney General's Office, Mississippi Bureau of Narcotics and law enforcement at all levels."
"This pedophile deserves every year he’s gotten behind bars," said Attorney General Jim Hood. "As a father, I cannot think of a more disgusting crime than what this man has committed, and I pray that the innocent children he has victimized will find peace and be able to enjoy the childhood they deserve. Thank you to Judge Reeves and the agencies that worked together to put this man far away from destroying more lives."
Beginning in and around February 2017, agents with the Jackson FBI and Mississippi Attorney General’s Office conducted an undercover investigation of individuals downloading and sharing child pornography images in Mississippi via the Internet. During the investigation, an Internet Protocol Address was found to be sharing and downloading numerous images and videos of child pornography. The investigation led to Cody Clines Adkins in Jackson, who, via the Internet, was sharing videos and images of child pornography of children as young as 2 years old engaging in sexual explicit conduct with adults. Further, the investigation revealed that Adkins was actually producing child pornography.
On July 25, 2018, Adkins was charged in an 18-count federal indictment. He pled guilty before Judge Reeves on January 17, 2019, to four counts of producing child pornography and two counts of possessing images of child pornography.
The Federal Bureau of Investigation and the Mississippi Attorney General’s Office jointly investigated the case. It was prosecuted by Assistant United States Attorney Glenda R. Haynes.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
Inmate Sentenced to 300 Months for Dealing Meth in PrisonRead the Press Release
ALBANY— A methamphetamine broker inside Calhoun State Prison has been sentenced to 25 years in prison for his crime, said U.S. Attorney Charles “Charlie” Peeler. Edwin Murillo, 27, of Gwinnett County, was sentenced to 300 months in prison consecutive to his state sentences set to expire in 2034 by United States District Judge Louis Sands on Thursday, April 16, 2019. A co-conspirator, Peggy Bentley, a/k/a “Peggy Cowart”, 48, of Watkinsville, GA has pled guilty to Possession with Intent to Distribute Methamphetamine, and is scheduled to be sentenced for her crime on May 22, 2019 before U.S. District Judge Ashley Royal in Athens federal court. Ms. Bentley faces a maximum sentence of life in prison and a $10 million fine. There is no parole in the federal system.
Mr. Murillo was an inmate at Calhoun State Prison in Morgan, Georgia. On November 5, 2017, correctional officers found a contraband cell phone hidden under Mr. Murillo’s bunk inside the prison and he was consequently put in more restrictive housing. Officers conducted a shakedown in Mr. Murillo’s newly assigned housing unit a few days later, on November 8. As Mr. Murillo was being moved to a temporary holding location for the unit search, officers observed him attempting to conceal an item by holding his hands in front of his pants. A pat down uncovered an Irish Spring Soap box sealed with duct tape in his pants containing 76 grams of pure methamphetamine, as well as a small amount of marijuana, tobacco and a cell phone charger. A download of Mr. Murillo’s cell phone had numerous text messages related to drug distribution and directing payments for drugs to others, including text messages with co-conspirator Ms. Bentley.
According to her signed plea agreement, law enforcement first discovered Ms. Bentley was distributing large amounts of methamphetamine in several northeast Georgia counties in June 2017. In April 2018, a confidential informant notified law enforcement that Ms. Bentley was still dealing methamphetamine. At the time, Ms. Bentley was out on bond for two separate state arrests involving the distribution of methamphetamine in July 2017 and December 2017. While under surveillance, Ms. Bentley was observed traveling to the Perimeter Inn Motel located on Atlanta Highway in Athens-Clark County, and walking into a motel room with a dark colored bag then leaving a few minutes later without the bag and driving to her home in Oconee County. A K-9 unit was called in to walk the open-air hallways leading to the parking lot, and the K-9 alerted to the presence of narcotics at the door of the room Ms. Bentley was seen walking in and out of with the dark bag. A search warrant was obtained. Ms. Bentley and another co-conspirator in this case, Jonathan Green, who was on probation, arrived back to the motel and walked into the room when law enforcement detained them. Officers found a large amount of cash, a drug ledger, a brown bag with Western Union and Walmart money transfer receipts, cell phones, four money cards and several car tiles on Ms. Bentley. Mr. Green was carrying a plastic Easter egg with methamphetamine inside. During the legal search of the motel room, a plastic bag filled with a large amount of methamphetamine was found, along with two digital scales and a glass jar with pills.
Ms. Bentley was arrested, and while out on bond yet again, law enforcement learned on May 24, 2018 that she was in possession of a large amount of methamphetamine. A confidential informant told law enforcement that Ms. Bentley had drugs inside of a black duffel bag and a Mountain Dew can with a false bottom, and that she could be found driving on Timothy Road in Athens-Clarke County. A patrol unit executed a traffic stop, and a K-9 unit immediately alerted to the odor of narcotics in Ms. Bentley’s vehicle. Inside, Ms. Bentley had several ounces of methamphetamine, three digital scales and drug packaging materials, as well as the Mountain Dew can with the false bottom containing several pills.
Ms. Bentley told investigators her methamphetamine source was Mr. Murillo. Ms. Bentley said she would talk to Mr. Murillo by phone, and he would connect her with dealers for methamphetamine. In exchange, Ms. Bentley paid Mr. Murillo $500 per connection or “plug”, sending the money to different places Mr. Murillo directed via MoneyGram, Western Union or Walmart money transfers. Ms. Bentley paid $8,000 per kilogram of methamphetamine purchased, profiting between $3,000 and $4,000.
“Our office is cracking down on inmates orchestrating criminal dealings from behind bars. As importantly, we are also cracking down on those who support an inmate’s criminal conduct from outside prison walls,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “Stopping inmates’ criminal conduct is a collaborative effort involving law enforcement agencies at every level, and I want to recognize their efforts, and thank them for their service. This is dangerous, difficult work, but we must not allow inmates the ability to conduct crimes and continue to cause harm in our communities from behind bars.”
“This investigation exemplifies DEA’s commitment to investigate and attack drug traffickers and drug trafficking organizations no matter where they operate,” said Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division, DEA.
This case was investigated by the United States Drug Enforcement Administration (DEA), Oconee County Sheriff’s Office, Athens-Clarke County Police Department, Georgia State Patrol, Franklin County Sheriff’s Office, Madison County Sheriff’s Office and Parks White, the District Attorney for the Northern Judicial Circuit. Assistant United States Attorneys Tamara Jarrett and Leah McEwen are prosecuting these cases for the United States.
Questions can be directed to Pamela Lightsey, Public Information Officer, and United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.