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22 April 2019
Career criminal sent to federal prison for Savannah bank robberyRead the Press Release
SAVANNAH, Ga: A Savannah man who pled guilty to robbing a bank while he was on parole for a previous heist will spend more than 14 years in federal prison.
Ronnie Clayton, 56, of Savannah, was sentenced to 170 months in prison by U.S. District Court Judge William T. Moore Jr., said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Clayton, who pled guilty, also was sentenced to serve three years of supervised release after completion of his sentence, and ordered to pay $67,485 in restitution to his victims.
As noted during court proceedings, Clayton has more than 20 prior felony convictions, including convictions for crimes of violence and drug trafficking. He admitted robbing the Wells Fargo bank at 3507 West Bay Street in Savannah on July 3, 2018. After receiving cash from the teller, Clayton drove away in a red Cadillac and attempted to flee when spotted by police. He crashed into a taxi while driving the wrong way down a one-way street, and the taxi driver sustained serious injuries.
At the time of that robbery, Clayton was serving parole on state charges for the robbery of a Bank of America branch in Atlanta in 2008. There is no parole in the federal system.
“The most important work our law enforcement agencies and prosecutors perform is in removing violent, repeat felons like Ronnie Clayton from our communities,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “We are proud to work with agencies who likewise are committed to focusing on these career offenders and locking them away.”
“With a history of more than 20 prior felony convictions, Ronnie Clayton was a threat to the community every day he was on our streets,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Like many of his prior crimes, he put innocent civilians’ lives at risk during the commission of this bank robbery, even though he was on parole at the time. Hopefully this federal sentence, in which there is no opportunity for parole, will convince him his life of crime must end.”
The case was investigated by the FBI’s Southeast Georgia Violent Crimes Task Force with assistance from the Savannah Police Department.
Brandon Man Sentenced to 37 Years for Sexual Enticement of A Minor Relative and Document FraudRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Mirza Afzal Hussain (56, Brandon) to 37 years in federal prison for enticement of a minor, document fraud, and aggravated identity theft.
A federal jury found Hussain guilty on January 11, 2019, after a one-week trial.
According to court documents and the evidence presented at trial, Hussain agreed to house his sister and her family, including two minor daughters, when the relatives legally immigrated to the United States from Bangladesh in 2010. Hussain’s relatives were culturally and socially isolated, did not have employment, lacked transportation, and spoke very little English. During their stay at his house, Hussain developed a romantic and sexual interest in his 12-year old niece. He bought the child tight fitting clothing, romantic jewelry, and cellphones. He also sexually battered his niece and started living with her openly as if she were his spouse—in front of her family and his wife.
Hussain’s wife left him, and, in early 2012, the relatives (including his 12-year-old niece), also moved out of his home. Hussain sent numerous sexually explicit text messages to his niece—professing his love for her and his intention to marry her, discussing sex with her, soliciting naked photographs from her, and asking her to masturbate for him. He also manipulated her into falsifying reports claiming that her parents were abusing her.
In November 2012, Hussain traveled to Bangladesh and obtained a false birth certificate that changed his niece’s birthdate, making her appear to be three years older. He returned to the United States and used that birth certificate fraudulently to obtain a new Legal Permanent Resident Card reflecting her new birth year. Hussain then showed up at his niece’s home and tried to take her away from her parents—presenting the Legal Permanent Resident Card as proof that she was an adult.
“This criminal put his own agenda first, hurting his own family. He thought he could get away with his despicable behavior by lying and blaming others for his actions,” said HSI Tampa Special Agent in Charge James C. Spero. “Thanks to our HSI special agents and law enforcement partners, a jury of his peers found him guilty and he will now be unable to harm anymore. His family can feel safe knowing justice has been served.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Citizenship and Immigration Services. It was prosecuted by Assistant United States Attorneys Frank Murray and Mandy Riedel. Assistant United States Attorneys Jennifer Peresie and Rachel Jones assisted in the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Baltimore Felon Sentenced to Nine Years in Federal Prison for Possession with Intent to Distribute Drugs and Possession of a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
Baltimore, Maryland –U.S. District Judge Ellen L. Hollander sentenced Steven Cole, age 31, of Baltimore, Maryland, today to nine years in federal prison, followed by five years of supervised release, for possession with intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime.
The sentencing was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, on December 5, 2017, Cole was selling narcotics in the 2400 block of Winchester Street in Baltimore, less than a block from an elementary school and across the street from a baseball field adjacent to the school. Cole carried a revolver-style handgun to facilitate his drug trafficking. Officers observed Cole engaged in what they believed to be a drug transaction. When Cole saw the officers, he fled into the stairwell of a nearby apartment complex. Officers gave chase, with one officer proceeding up the north stairwell and the other officer taking the south stairwell.
The officer in the south stairwell located Cole’s glasses and on the third floor found Cole, a few feet away from the black jacket he had previously been wearing. Cole had placed it on the ground next to a bag of garbage. Cole was arrested and the jacket was secured. Within the jacket was a black fanny pack that contained a .32-caliber revolver, loaded with five rounds of ammunition. Law enforcement searched Cole after his arrest and recovered oxycodone pills, as well as $443 in cash, which was proceeds from his drug sales.
A federal search warrant was subsequently obtained for Cole social media accounts. Law enforcement discovered photos of Cole wearing the jacket recovered in the apartment complex; pictures of Cole handling large amounts of cash; a picture of OxyContin pills; pictures of two handguns; and various gang-related posts.
Cole was prohibited from possessing guns and ammunition as a result of several felony conviction, including two previous convictions for possession with intent to distribute drugs.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the ATF and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Paul A. Riley, who prosecuted the case.
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Army Reservist in San Antonio Sentenced to Federal Prison for Stealing Government PropertyRead the Press Release
In San Antonio this morning, Senior U.S. District Judge David A. Ezra sentenced 57-year-old Army Reserve Sgt. 1st Class Darryle Robert Bankhead to 33 months in federal prison and ordered him to pay $117,779.45 restitution for stealing government equipment, announced U.S. Attorney John F. Bash; and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On December 11, 2018, Bankhead pleaded guilty to one count of conspiracy to steal government property. By pleading guilty, Bankhead admitted that from March 2017 to May 2018, he stole expended brass shell casings from an Air Force Reserve Unit at Camp Bullis. He claimed to the Air Force Reserve Unit that he would recycle the brass at another military facility, but in reality, he and his co-defendant resold the brass on 16 different occasions to a local recycler and pocketed the money.
For her role in the conspiracy, Lt. Dominique Nicole Edmonds, age 26 of San Antonio, was sentenced on February 4, 2019, to five years probation and ordered to pay jointly and severally with Bankhead the restitution ordered in this case.
This case was investigated by the FBI together with the San Antonio Fraud Resident Agency of the Army Criminal Investigation Command’s Major Procurement Fraud Unit. Assistant U.S. Attorney Charles L. Jenkins prosecuted this case on behalf of the government.
Amsterdam Man Pleads Guilty to Passport Fraud and Aggravated Identity TheftRead the Press Release
ALBANY, NEW YORK - Marvin Danilo Aquino a/k/a Marvin Padilla, age 23, of Amsterdam, New York, pled guilty on April 19 to making a false statement in a passport application and aggravated identity theft.
The announcement was made by United States Attorney Grant C. Jaquith and Timothy Dumas, Special Agent in Charge of the New York Field Office of the United States Department of State’s Diplomatic Security Service.
As part of his plea, Aquino admitted that in October 2017, he visited a U.S. Post Office in Gloversville, New York, and filled out an application for a U.S. passport, which he then submitted with a picture of himself. On his application, however, Aquino listed the name, social security number, birthdate, and other identifying information of another person who had not authorized Aquino to file the application. In support of the application, Aquino also submitted numerous documents containing the same third party’s identifying information.
Aquino faces at least 2 years and up to 12 years in prison, a term of post-imprisonment supervised release of up to 3 years, and a fine of up to $250,000, when United States District Judge Mae A. D’Agostino sentences him on August 12. 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 U.S. Department of State’s Diplomatic Security Service with assistance from the Social Security Administration Office of the Inspector General. It is being prosecuted by Assistant U.S. Attorneys Megan Kinsella Kistler and Joshua R. Rosenthal.
19 April 2019
Woman Charged with Felony Murder of Child at Kickapoo CasinoRead the Press Release
OKLAHOMA CITY – ALANNA JEAN ORR, 50, of Oklahoma City, has been charged with felony murder of a child in Indian Country, announced First Assistant U.S. Attorney Robert J. Troester.
According to an affidavit in support of a search warrant signed in Oklahoma County District Court, Orr was caring for her five-year-old grandson on June 21, 2018, when she went to the Kickapoo Casino in Harrah. The affidavit explains that, according to surveillance video, Orr arrived at the casino at 1:23 p.m. and left at 7:28 p.m. It is alleged that during this time, her grandson remained in the car. The high temperature in Harrah that day was allegedly ninety degrees.
Approximately fifteen minutes after she left the casino, according to the affidavit, Orr called 911 and reported her grandson had choked and was not breathing. The affidavit states Harrah police officers met Orr at the Harrah Police Department and attempted to resuscitate the child but found that rigor mortis had already begun.
On April 17, 2019, a federal grand jury returned an indictment that charges Orr with second degree felony murder by child neglect in Indian Country. In particular, it alleges Orr, an Indian, caused the death of a child by willfully failing to provide adequate shelter and supervision while she was responsible for the child’s health, safety, and welfare. Orr was arrested earlier today and appeared for arraignment this afternoon before U.S. Magistrate Judge Suzanne Mitchell.
If found guilty, Orr faces a maximum potential penalty of life in prison and a fine of $250,000.
This case is a result of an investigation by the Harrah Police Department, the Kickapoo Tribal Police Department, the Oklahoma District 23 Drug Task Force, and the FBI Oklahoma City Division. Assistant U.S. Attorneys Mark R. Stoneman and Mary E. Walters are prosecuting the case.
The public is reminded that this charge is merely an allegation and that Orr is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
White Horse Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a White Horse, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Shawn Traversie, age 34, was indicted on April 9, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 27, 2019, Traversie assaulted his intimate partner with shod feet, resulting in substantial bodily injury to the victim.
The charges are merely accusations and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Traversie was released on bond pending trial. A trial date has not been set.
Washington State Man Accused of Marketing Fraudulent Tax Avoidance Schemes Disguised as Churches, Other EntitiesRead the Press Release
PORTLAND, Ore.—A federal grand jury in Portland has returned a seven-count indictment charging Glen Stoll, 68, a resident of Washington State, with multiple crimes stemming from a scheme whereby he organized, promoted, and marketed fraudulent tax avoidance strategies. Stoll made his initial appearance in the District of Oregon today before U.S. Magistrate Judge Stacie F. Beckerman.
Stoll is charged with one count each of conspiracy to defraud the U.S., conspiracy to commit bank fraud, bank fraud, and making a false statement on a loan application and three counts of tax evasion.
As alleged in the indictment, Stoll served as the director of an entity called Remedies at Law. Stoll used Remedies at Law and other related entities, including the Oregon-based Embassy of Heaven, to promote schemes designed to assist people in evading the assessment and collection of federal income taxes. Stoll advised clients that they could avoid paying taxes by creating a church or ministry and placing their assets and income in so-called ministerial trusts. Stoll referred to himself as a “general counsel” with legal experience when, in reality, he held no license to practice law.
Beginning in September 2007, Stoll assisted former Oregon couple Karl and Laurie Brady with the creation of two “ministerial trusts” called Progeny Services and Progeny Foundation. At Stoll’s direction, Karl Brady opened bank accounts for the nominee entities, issued checks from his business payable to Progeny Services or Progeny Foundation, and deposited the checks into the nominee accounts. This enabled the Brady’s to avoid the assessment of federal income tax while maintaining full access to the money for personal and family expenses.
From 2008 through 2015, at Stoll’s direction, Karl Brady filed no personal income tax returns despite receiving more than $3 million and ignored repeated letters from the IRS notifying him of his failure to file. This scheme allowed Brady to evade in excess of $1.2 million dollars in income taxes.
Separately, in 2015, Stoll assisted Brady in defrauding two of Brady’s mortgage lenders. Stoll assisted Brady in submitting a false short sale application and other fraudulent documents to avoid repayment on a vacation rental in Hawaii. At Stoll’s direction, Brady’s short sale application included a letter claiming he and his wife were under the complete care of a church ministry, had no income, no assets, and were completely dependent on a church. Relying on this false information, the lenders authorized the short sale and suffered combines losses of approximately $120,000.
This case was investigated by IRS Criminal Investigation and is being prosecuted by Donna Brecker Maddux, Assistant U.S. Attorney for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Wagner Man Indicted for Assault of an Intimate Partner by Strangulation and SuffocationRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation and Suffocation.
Francis Stanford Stricker, age 47, was indicted on March 12, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 7, 2018, Stricker unlawfully committed a domestic assault against his intimate partner, by strangling and suffocating her.
The charge is merely an accusation and Stricker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Stricker was released on bond pending trial. A trial date has not been set.
Veterinarian Pays $226,000 and Surrenders License to Resolve Allegations That He Failed to Properly Track and Control OpioidsRead the Press Release
DENVER – Dr. Greg Collins, a licensed veterinarian and the founder and owner of the Louisville Family Animal Hospital in Louisville, Colorado, has agreed to pay the United States $226,000, surrender his Drug Enforcement Administration (“DEA”) registration, and permanently relinquish his Colorado veterinary medicine license to settle allegations that he violated multiple provisions of the Controlled Substances Act (“CSA”).
According to the government, Dr. Collins, over multiple years of practicing as a veterinarian and while running an active animal hospital, failed to properly inventory, track, and maintain control over controlled substances, including thousands of units of opioids such as fentanyl, hydromorphone, and morphine. By not properly inventorying, tracking, and maintaining control over the controlled substances, he violated the Controlled Substances Act. These violations were discovered by DEA investigators during an on-site inspection of Dr. Collins’ veterinary hospital, which included an audit of his drug control practices. DEA investigators found CSA violations with respect to all twelve of the twelve controlled substances audited. DEA also found failures to properly destroy controlled substances.
According to the government, the DEA’s investigation revealed that Dr. Collins was self-abusing these controlled substances. His failure to properly inventory, track, and maintain control over large quantities of potent opioids also created a danger of abuse of unaccounted-for opioids by others.
The risk of abuse of unaccounted-for opioids is acute in light of the well-documented opioid epidemic in the United States and Colorado. From 1999 to 2017, more than 700,000 Americans have died from a drug overdose. 70,237 drug overdose deaths occurred in the United States in 2017, six times higher than the rate in 1999, according to the Centers for Disease Control and Prevention (the “CDC”). Two-thirds of these deaths can be attributed to opioids. According to the CDC, on average, 130 Americans die every day from an opioid overdose.
In Colorado, there were 558 recorded opioid overdose deaths in 2017 from both prescription opioids and illegal opioids such as heroin, according to the Colorado Department of Human Services. From 2012 to 2016 the number of heroin-related deaths in Colorado increased from 91 to 234 and deaths related to synthetic opioids rose from 52 to 72.
“When medical professionals like Dr. Collins don’t track and control their opioids carefully, they are contributing to the scourge of opioid abuse,” said U.S. Attorney Jason Dunn. “This serious conduct will cost Dr. Collins more than just a hefty monetary penalty. He has permanently lost his medical license and drug registration.”
“The Drug Enforcement Administration is committed to protecting the public and holding those medical professionals accountable for their actions,” said DEA Special Agent in Charge Tim McDermott.
This matter was investigated by the U.S. Drug Enforcement Administration, Diversion Control Division, in conjunction with the United States Attorney’s Office.
The statements in this release are only allegations. In entering into a civil settlement, Dr. Collins did not admit to liability, and the agreement indicates that the parties entered into the settlement to avoid the uncertainty and expense of further litigation.
Assistant U.S. Attorney Jacob Licht and Deputy Civil Chief Amanda Rocque handled this matter on behalf of the United States Government.
United States Returns $9.8 Million Recovered from e-Bullion Illegal Money-Transmitting Business to VictimsRead the Press Release
LOS ANGELES – The United States has returned approximately $9.8 million to more than 1,000 victims who made investments or who had deposited money in e-Bullion.com, a website that operated for years as an illegal money transmitting business.
The funds – the final civil proceeds recovered in the case – were disbursed Wednesday pursuant to a civil forfeiture judgment in the amount of $9,805,621.65 from gold and silver stored at a mint in Perth, Australia. The funds had been stored in the Perth mint by e-Bullion operator James Fayed, formerly of Camarillo, and his companies Goldfinger Coin and Bullion (GCB) and Goldfinger Bullion Reserve Corp.
Fayed is now on California’s death row in relation to a separate investigation and conviction in state court for contracting with hitmen who murdered his wife in 2008.
This week’s disbursement in the e-Bullion civil forfeiture cases follows previous disbursements of $1.8 million in civilly forfeited funds to more than 300 victims in December 2014, and approximately $11.7 million disbursed to more than 1,000 victims in November 2015.
e-Bullion purported to provide opportunities to invest in precious metals. Through the website, individuals opened accounts with real money, which they used to purchase virtual “e-currency” purportedly backed by precious metal reserves maintained by Fayed’s companies in the United States and Australia. In practice, e-Bullion allowed individuals engaging in fraud to obtain money from victims and move the money around the world while remaining virtually anonymous and avoiding many global banking reporting requirements.
The United States obtained information from e-Bullion’s and GCB’s encrypted computer servers that Fayed stored in California and Switzerland, and that information was used to identify e-Bullion accountholders and the value of their individual accounts. The Department of Justice, through claims administrator Analytics Consulting, LLC, distributed the recovered funds to the innocent accountholders through a process known as “remission,” which allows the government to use forfeited monies to compensate domestic and international victims of crime.
Assistant United States Attorney Katharine Schonbachler of the Asset Forfeiture Section is handling this matter.
United States Attorney Mike Stuart Continues Listening Tour in Greenbrier CountyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced that he will host a public safety community forum in Greenbrier County, West Virginia on May 2, 2019. The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, continue to be held at locations throughout the Southern District of West Virginia to provide an opportunity for an open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities. City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.
The Greenbrier County community forum will begin at 6:00pm on Thursday, May 2, 2019 at the West Virginia School of Osteopathic Medicine (Alumni Building), 400 N. Lee Street, Lewisburg, West Virginia.
For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at [email protected].
SDWVNews and USAttyStuart
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U.S. Attorney Announces Four Promotions and Ten New HiresRead the Press Release
DENVER – U.S. Attorney Jason Dunn today announced the promotion of four Assistant U.S. Attorneys to supervisory posts within the Criminal Division.
- Assistant U.S. Attorney Brad Giles was promoted to Chief of the newly formed Narcotics Section
- Assistant U.S. Attorney Peter McNeilly was promoted to Deputy Chief of the newly formed Narcotics Section
- Assistant U.S. Attorney Garreth Winstead was promoted to Chief of the newly formed Violent Crime and Immigration Enforcement Section
- Assistant U.S. Attorney Valeria Spencer was promoted to Deputy Chief of the newly formed Violent Crime and Immigration Enforcement Section
In addition to those management promotions, the following 10 individuals were hired as new Assistant U.S. Attorneys:
- Aaron Teitelbaum came to the office after serving as Assistant District Attorney in the Manhattan District Attorney’s Office in New York. Prior to that he clerked for 9th Circuit Court of Appeals Judge Jacqueline H. Nguyen and Judge Christina A. Snyder of the Central District of California. He earned his law degree from Stanford Law School. Aaron is assigned to the office’s Narcotics Section of the Criminal Division.
- Justin DeRosa came to the office after serving as Deputy District Attorney in Colorado’s 4th Judicial District. He earned his law degree from Boston College Law School. Justin is assigned to the office’s Narcotics Section of the Criminal Division.
- Jessica Elliott came to the office after serving 5 years as an Assistant U.S. Attorney for the Southern District of Florida, focused on civil health care fraud cases. Prior to that she spent 7 years in private practice. Jessica earned her law degree from the University of Connecticut School of Law. She is assigned to the office’s Civil Division.
- Rajiv Mohan came to the office after 5 years in a private practice. He clerked for 6th Circuit U.S. Court of Appeals Judge Raymond Kethledge and earned his law degree from Harvard Law School. Rajiv is assigned to the office’s Violent Crime and Immigration Enforcement Section of the Criminal Division.
- Logan Steiner came to the office after spending 6 years in private practice. She clerked for Seventh Circuit Judge Diane Sykes and for Judges Thomas Durkin and Virginia Kendall of the Northern District of Illinois. She earned her law degree from Harvard Law School. Logan is assigned to the office’s Civil Division.
- Kyle Brenton came to the office after 9 years in private practice. He earned his law degree from the University of Minnesota Law School before clerking for 10th Circuit Court of Appeals Judge David Ebel of the District of Colorado. Kyle is assigned to the office’s Civil Division.
- Chandra Aitchison came to the office after 4 years in private practice. She earned her law degree from Georgetown University Law Center. Chandra is assigned to the office’s Civil Division.
- Kelly Winslow came to the office after 6 years in private practice. She earned her law degree from Northwestern University. Kelly is assigned to office’s Violent Crime and Immigration Enforcement Section of the Criminal Division.
- Elizabeth Young came to the office after clerking for U.S. District Court Magistrate Judges Kristen Mix and Michael Watanabee of the District of Colorado. Prior to that she spent over 6 years in private practice. Elizabeth earned her law degree from New York University School of Law. She is assigned to the office’s Asset Recovery Division.
- Jane Bobet came to the office after 3 years in private practice. She clerked for Southern District of New York Magistrate Judge Gabriel Gorenstein after earning her law degree from Cornell Law School. She is assigned to the office’s Civil Division.
This group of talented individuals are led by U.S. Attorney Dunn, First Assistant U.S. Attorney Matt Kirsch, and Executive Assistant U.S. Attorney J. Chris Larson. Suneeta Hazra will continue to lead the Criminal Division.
There are approximately 180 people in the Colorado U.S. Attorney’s office, with 81 of them being Assistant U.S. Attorney’s.
“I’m excited to welcome these four to my leadership team and to welcome this group of bright new Assistant U.S. Attorneys to the office representing the United States and the people of Colorado in federal court,” said U.S. Attorney Dunn.
Two Georgia tax defiers face charges for filing retaliatory liens against IRS officialsRead the Press Release
ATLANTA –Bryan McElroy and Angela McBride have been arraigned in separate federal cases on charges of attempting to file fraudulent, retaliatory liens against federal government officials.
“Attempting to obstruct the IRS’s tax assessment and collection efforts is a federal crime,” said U.S. Attorney Byung J. “BJay” Pak. “Individuals who file false liens against government officials in retaliation for the IRS’s activities, or interfere with the operations of the IRS, will be prosecuted.”
“TIGTA’s statutory mission includes investigating individuals who are alleged to pose a threat to IRS employees engaged in the lawful collection of taxes,” said J. Russell George, Treasury Inspector General for Tax Administration. “Attempts to intimidate or retaliate against IRS employees engaged in the performance of their official duties will not be tolerated. We appreciate the efforts of the U.S. Attorney’s Office to work with TIGTA to protect the integrity of tax administration.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In April 2014, the IRS issued a notice of intent to levy on McElroy regarding his unpaid taxes. In response, McElroy allegedly filed a false lien with the Fayette County clerk of court, listing U.S. Treasury Secretary Jacob Lew, Treasury Inspector General Eric Thorson, and IRS Commissioner John Koskinen as debtors, and responsible parties for his financial liabilities. After the IRS notified McElroy that a frivolous position taken on any filing with the IRS could result in the assertion of a $5,000 penalty, he filed another lien, again naming the same government officials as responsible parties for his debts.
McBride is charged with a similar offense. After McBride allegedly filed a frivolous income tax return for 2013, the IRS notified McBride that she would be subject to a $5,000 penalty unless she filed a corrected tax return within 30 days. Instead of filing a corrected return, McBride filed a lien with the DeKalb County clerk of court purporting to assign the $5,000 penalty issued against her to IRS Commissioner John Koskinen.
Bryan McElroy, 57, of Newnan, Georgia, and Angela McBride, 57, of Ellenwood, Georgia, were arraigned before U.S. Magistrate Judge Linda T. Walker. McBride and McElroy were each charged by a federal grand jury in separate indictments on April 16, 2019. McElroy is charged with six counts of attempting to file a false and retaliatory lien against a government official. McBride is charged with one count of the same.
Members of the public are reminded that the indictments only contain charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Treasury Inspector General for Tax Administration.
Assistant U.S. Attorneys Irina Dutcher and Annalise Peters are prosecuting the cases against McElroy and McBride.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Men Charged with Conspiracy to Distribute FentanylRead the Press Release
BOSTON – Three men were charged in federal court in Boston yesterday with fentanyl conspiracy.
Javier Marrero, 27, and Ariel Pagan-Romero, 29, both of Lawrence, and Jonathan Bermudez, 23, of Lowell, were charged with conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl. Pagan-Romero was arrested yesterday and appeared in federal court in Boston. Bermudez is currently in state custody on an unrelated state drug charge and will appear in federal court at a later date. Marrero is currently a wanted fugitive.
During the course of several months, using an undercover police officer, a federal investigation uncovered the trio’s fentanyl distribution operation. When law enforcement executed several search warrants, they seized drugs, three firearms, including an AR-15 rifle, an extended magazine, and more than 100 rounds of ammunition.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, a fine of up to $10 million, and at least five years of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. During the course of this investigation, valuable assistance was provided by Homeland Security Investigations in Boston, the Massachusetts State Police, and the Andover, North Andover, Billerica, Chelmsford, Lowell, and Lawrence Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is 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.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Three Camden Men Convicted of Drug Trafficking and Firearms ChargesRead the Press Release
CAMDEN, N.J. – Three Camden men have been convicted by a federal jury of conspiring to sell cocaine base (crack cocaine), furanyl fentanyl, and heroin, distributing and possessing with intent to distribute these drugs, being a convicted felon in possession of a handgun, and witness tampering, U.S. Attorney Craig Carpenito announced today.
John Gunther a/k/a “Critty,” 35, Taleaf Gunther a/k/a “Leafy” and “L,” 33, and William Roland a/k/a “Chill,” 37, were convicted April 18, 2019, after an 11-day trial before U.S. District Judge Renée Marie Bumb in Camden federal court. The jury deliberated for about a day-and-a-half before returning guilty verdicts on 10 counts.
According to documents filed in this case and the evidence at trial:
Brothers John and Taleaf Gunther worked together to lead a prolific drug trafficking organization that sold crack cocaine, heroin, and the synthetic opioid furanyl fentanyl around the 1700 block of Filmore Street in Camden, which was controlled by the organization. Roland assisted the Gunther brothers as a manager within the organization. Ten members of the drug ring were initially arrested in June 2017 following a long-term investigation by the FBI, which utilized multiple telephone wiretaps, surveillance, confidential informants, cooperating witnesses, more than 20 controlled drug purchases, a GPS vehicle tracker and four court-authorized search warrants, among other investigative techniques. The investigation ultimately led to the seizure of more than 300 grams of crack cocaine, quantities of furanyl fentanyl and heroin, a firearm, and drug paraphernalia. Shortly after the execution of search warrants in the case, investigators learned that Taleaf Gunther also attempted to bribe another member of the conspiracy to lie to police about a handgun recovered from a residence he used. An eleventh member of the organization was charged in 2018.
The defendants face a maximum penalty of life in prison, a fine of up to $10 million, and at least 10 years of supervised release. Each of the defendants have multiple prior felonies in state court and, therefore, face possible mandatory minimum sentences of 15 years in prison.
The eight other defendants – Mark Campbell a/k/a “D” and Diz,” 39, Daron Suiter, 24, Davon Leak, 20, George Williams, 44, Karim Johnson, a/k/a “Chicky,” 40, Latoya Whealton a/k/a “Toya,” 34, Rajai Gaines, a/k/a “Jigga,” and Malcolm McCoy, 28 – previously pleaded guilty. Gaines and Johnson were each sentenced to 10 years in prison, Leak to 74 months in prison and Suiter to five years in prison. Campbell, Whealton, McCoy and Williams are awaiting sentencing.
U.S. Attorney Carpenito credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to the guilty verdicts.
He also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Gloucester Township Police Department, the Camden County Sheriff’s Department, the Cherry Hill Police Department, and the U.S. Department of Homeland Security Investigations (HSI) for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
The Justice Department, Environmental Protection Agency, and State of Colorado Reach Agreement with Highpoint Operating Corporation to Resolve Alleged Clean Air Act Violations and Reduce Air Pollution in ColoradoRead the Press Release
WASHINGTON – The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the state of Colorado today announced a settlement with Denver-based HighPoint Operating Corporation resolving alleged Clean Air Act violations.
The settlement resolves alleged claims that HighPoint violated requirements to reduce volatile organic compounds (VOCs) emissions from its oil and natural gas production operations in the Denver-Julesburg Basin. VOCs are a key component in the formation of ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.
“As part of the Department’s continued effort to safeguard and improve air quality, we remain committed to reducing the emissions of volatile organic compounds that contribute to high levels of ground-level ozone and so endanger the public health,” said Assistant Attorney General Jeffrey Bossert Clark. “This settlement reflects the progress that can be made when the federal government engages in cooperative endeavors with its state partners.”
“This settlement reflects EPA’s continued efforts with the Department of Justice, the State of Colorado and oil and gas producers to secure Clean Air Act compliance and reduce emissions that are contributing to high levels of ground-level ozone in communities across Colorado’s Front Range,” said EPA Acting Regional Administrator Deb Thomas.
“This represents another step in Colorado’s ongoing efforts to protect public health and the environment by minimizing harmful emissions from the oil and gas industry,” said Jill Hunsaker Ryan, Executive Director of the Colorado Department of Public Health and Environment.
As part of the settlement, HighPoint will spend an estimated $3 million to implement measures that will ensure the vapor control systems on its condensate storage tanks are adequately designed and sized and will improve its operation and maintenance practices, monitoring, and inspections. These improvements, including monthly inspections using infrared cameras to better detect and respond in real time to emissions, will significantly reduce VOC emissions. EPA and the state of Colorado estimate that HighPoint’s modifications of vapor control system design, improvements to operations and maintenance practices, and increased monitoring will reduce VOC emissions from HighPoint’s operations by approximately 350 tons per year.
HighPoint will also implement an environmental mitigation project to reduce VOC emissions in the Denver area. HighPoint will install and operate vapor balancing controls to minimize emissions associated with loading of condensate into tank trucks at ten HighPoint well pads. This project will reduce HighPoint’s VOC emissions from tank truck load-out by an estimated 50 tons per year.
HighPoint will pay the United States a $275,000 civil penalty, and will pay a civil penalty to Colorado and perform a State supplemental environmental project, with a combined value of $275,000. HighPoint will apply $220,000 of the State’s portion of the penalty to a supplemental environmental project.
This action arose when inspections of HighPoint operations conducted from 2014 to 2017 by EPA and Colorado found VOC emissions from HighPoint’s condensate storage tanks. Through these inspections and information requests, EPA and the State of Colorado identified alleged violations of the Colorado State Implementation Plan, Regulation Number 7, due to undersized vapor control systems and inadequate operations and maintenance practices.
This settlement covers 50 HighPoint tank systems in Colorado’s Denver-Julesburg Basin. The tank systems covered by the settlement are located in an ozone nonattainment area, which means the area does not meet the National Ambient Air Quality Standard set for ozone. By reducing the emissions of VOCs that lead to the formation of ground-level ozone, this settlement will contribute to the improvement of air quality in the Front Range.
The consent decree, lodged in the District Court of Colorado, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.
Tamarac Resident Arrested for Making Multiple Threats to Members of CongressRead the Press Release
John Kless, 49, of Tamarac, Florida, was arrested today after being charged with Making Threatening Communications, in violation of Title 18, United States Code, Section 875(c). Kless made his initial appearance earlier today before United States Magistrate Judge Barry S. Seltzer.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and Matthew R. Verderosa, Chief of Police, United States Capitol Police, made the announcement.
According to allegations in the complaint, on April 16, 2019, Kless made multiple threatening communications to the Congressional offices of members from California, Michigan, and New Jersey.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the United States Capitol Police Threat Assessment Section. The case is being prosecuted by Assistant U.S. Attorney Marc S. Anton.
A complaint is merely an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Suttons Bay Man Sentenced to 37 Months in Federal Prison for Domestic Violence Strangulation of A Native American WomanRead the Press Release
GRAND RAPIDS, MICHIGAN – Joaquin Ramon Alfonseca, 41, from Suttons Bay, Michigan, was sentenced to 37 months in federal prison for Assault by Strangulation of a Native American woman, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Gordon J. Quist imposed a 3-year term of supervised release that will commence once Alfonseca is released from imprisonment.
Alfonseca pled guilty on October 15, 2018. He admitted that during an argument, he had used both of his hands to grab the victim by the neck and apply pressure to her neck. This pressure impeded the victim’s normal breathing, and the assault left marks and swelling on the victim’s face and neck. The victim reported that on a prior occasion, Alfonseca had strangled her to the point of unconsciousness. The United States had jurisdiction over the case because it occurred on the reservation of the Grand Traverse Band of Ottawa and Chippewa Indians.
In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of meaningful jail time because assault by strangulation is extremely dangerous and poses great risk to its victims. The United States noted that Alfonseca had a history of domestic violence, and it argued that his conduct in this case was particularly serious because it was part of a pattern of domestic abuse and continued a pattern of abuse involving strangulation and attempted strangulation.
The Grand Traverse Band Tribal Police Department and the Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Sioux Falls Man Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Marques Smith, age 37, was indicted on March 12, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than on or about January 1, 2011, and continuing to on or about October 11, 2017, Smith knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine.
The charge is merely an accusation and Smith is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Smith was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Serial Bank Robber Pleads GuiltyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Myron William Ernst (61, Orlando) today pleaded guilty to bank robbery. Ernst faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Ernst committed a spree of nine bank robberies and attempted bank robberies in both Florida and Alabama. During each incident, Ernst presented bank employees with a threatening note demanding money.
This case was investigated by the FBI. It is being prosecuted by Assistant United States Attorney Callan L. Albritton.
San Leandro Resident Pleads Guilty to Robbery SpreeRead the Press Release
OAKLAND, Calif. – Marty Skyler Guillen pleaded guilty in federal court today to robbery affecting interstate commerce (Hobbs Act robbery), announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The plea was accepted by Jon S. Tigar, U.S. District Judge.
According to the plea agreement, Guillen, 22, of San Leandro, admitted that in four days during the month of October 2018, he committed six robberies of stores located throughout the East Bay and Daly City. Guillen acknowledged that during each robbery, he brandished a BB gun and directed employees of the stores to hand over money or merchandise from the store. Guillen stole the following items on the following dates:
DATE
TYPE OF STORE AND LOCATION
ITEMS OR AMOUNT STOLEN
October 12, 2018
Phone store in Hayward
two new iPhones
October 14, 2018
Phone store in Daly City
two new iPhones
October 24, 2018
Jewelry store in Hayward
three silver chain necklaces
October 24, 2018
Phone store in Oakland
$730.83 from a cash register
October 24, 2018
Phone store in Fremont
$1,000 from a cash register and $100 from an employee
October 25, 2018
Phone store in Castro Valley
$74 from a cash register
On November 29, 2018, a federal grand jury indicted both Guillen and his co-defendant, Elijah Kimani Crowder, 20, of Hayward, charging them with conspiracy to commit robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a), and additional counts of interference with interstate commerce by robbery, in violation of 18 U.S.C. § 1951(a). Guillen pleaded guilty to two of the substantive robbery counts but admitted to additional robberies, and agreed to pay restitution for all robberies. If he complies with the plea agreement, the conspiracy charge and the remaining robbery counts will be dismissed at sentencing.
Judge Tigar scheduled Guillen’s sentencing for August 2, 2019. The maximum statutory penalties for each violation of 18 U.S.C. § 1951 are 20 years in prison and a $250,000 fine. In addition, the court may order a term of supervised release, restitution, and fines. However, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
On March 22, 2019, Crowder pleaded guilty to one count of aiding and abetting robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a). Judge Tigar scheduled Crowder’s sentencing for June 14, 2019.
The prosecution is the result of an investigation by the FBI with the assistance of the Alameda County Sheriff’s Office, and the Daly City, Fremont, Hayward, Oakland, and San Leandro Police Departments.
Safford Man Convicted for Transportation of a Minor with Intent to Engage in Criminal Sexual ActivityRead the Press Release
TUCSON, Ariz. – On April 19, 2019, a federal jury returned guilty verdicts against Lawrence James Halamek, 36, of Safford, Ariz., after a four-day trial before District Judge Jennifer G. Zipps. Halamek was convicted of transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual conduct. Halamek faces a sentence of up to lifetime imprisonment, followed by up to lifetime supervised release, stringent sex offender conditions, and sex offender registration.
The evidence at trial showed that in December 2016, Halamek picked up a minor child from her bus stop and transported her to a remote area in New Mexico, with the intent of sexually assaulting her. With the help of an Amber Alert, the two were located the following day.
This 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 United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to 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.
The investigation in this case was conducted by Federal Bureau of Investigation, Sierra Vista Office, Grant County Sheriff’s Department, and Graham County Sheriff’s Department. The prosecution was handled by Carin C. Duryee and Erica L. Seger, District of Arizona, Tucson.
CASE NUMBER: CR-17-0477-TUC-JGZ
RELEASE NUMBER: 2019-056_Halamek
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Rosebud Woman Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Franki Lee Zephier, age 32, was indicted on November 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than on or about January 1, 2017, and continuing to on or about November 14, 2018, Zephier knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine.
The charge is merely an accusation and Zephier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Zephier was released on bond pending trial. A trial date has not been set.
Rosebud Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Moses Left Hand Bull, age 28, was indicted on April 9, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Left Hand Bull was convicted of Aggravated Sexual Abuse of a Minor in August 2009. As a result of this conviction, he is required to register as a sex offender. It is alleged that between February 9, 2019, and March 5, 2019, Left Hand Bull, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Left Hand Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Left Hand Bull was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rochester Man Pleads Guilty in Gun Store BurglaryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcos D. Guzman, 35, of Rochester, NY, pleaded guilty to theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon before U.S. District Judge Elizabeth A. Wolford. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Guzman, along with co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto, broke into Chinappi’s Firearms & Supplies, a gun store located at 5016 West Ridge Road, Spencerport, New York, in the early morning hours of August 16, 2018. Sarfaty entered the basement through a hole in the wall and, together with Guzman and Marcano-Agosto, stole a total of approximately 87 firearms (almost all of which were handguns). Thereafter, Guzman, Sarfaty and Marcano-Agosto sold many of the firearms on the streets of Rochester. According to the plea agreement, law enforcement recovered 14 of the stolen firearms the day after the theft.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd K. Baxter and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.
Sentencing is scheduled for July 29, 2019, at 2:00 p.m. before Judge Wolford.
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Pottawattamie County Man Sentenced for Receipt of Child PornographyRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on April 18, 2019, Justin Stephen Martinez, age 37, was sentenced by United States District Court Chief Judge John A. Jarvey for Receipt of Child Pornography. Martinez was sentenced to imprisonment for over 27 years (333 months) to be followed by a term of supervised release of 20 years.
The investigation began in December 2017, when an undercover law enforcement agent received notification that an IP address, identified as being used by Martinez, was sharing multiple files containing child pornography on a peer-to-peer program file sharing program for approximately one year. The investigation showed Martinez had received and distributed over a thousand images of child pornography. In addition, it was determined Martinez had sexually explicit images of his twelve year old niece and had sexual contact with her.
Martinez was previously convicted of Third Degree Sexual Abuse of a Child in 2005 in Pottawattamie County, Iowa District Court.This case was investigated by the Iowa Internet Crimes Against Children Task Force, Iowa Division of Criminal Investigation, Pottawattamie County Sheriff's Office, and the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Man Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on April 18, 2019, Robert Joe Kinney, Sr., age 59, was sentenced by United States District Court Chief Judge John A Jarvey for Possession with Intent to Distribute Methamphetamine. Kinney was sentenced to 140 months in prison to be followed by a term of supervised release of eight years.
On three separate occasions between March 22, 2018 and June 6, 2018, Kinney sold methamphetamine to undercover law enforcement.
This matter was investigated by Council Bluffs Police Department and the Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Operation Mountaineer Highway Defendants Appear in Federal CourtRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that four individuals charged as part of Operation Mountaineer Highway appeared in federal court.
“Operation Mountaineer Highway dismantled a drug trafficking organization (DTO) that was wreaking havoc in our southern West Virginia counties,” said United States Attorney Mike Stuart. “As you can see by these cases, this DTO was peddling a full smorgasbord of illicit drugs. This takedown took dozens of dealers and significant quantities of drugs off the streets – a job well done by our law enforcement partners.”
Carla Remy, 41, of Oak Hill, and Terry Remy, 40, of Scarbro, who were formerly married, were both sentenced to 87 months in federal prison. Both Carla Remy and Terry Remy previously admitted to participating in a drug trafficking organization by supplying methamphetamine to at least one other member of the organization knowing it was the purpose and intent of that individual to redistribute the methamphetamine in and around the Southern District of West Virginia. At the plea hearings, it was established that both defendants made several trips to South Carolina to purchase methamphetamine, and then returned to West Virginia to distribute the drugs in and around Fayette County. It was further established that the defendants made between 8 and 10 trips to South Carolina. On July 8, 2018, a West Virginia State Trooper stopped the car driven by Carla Remy for speeding as it was returning from South Carolina. Terry Remy was a passenger in the car. During a search of the car, law enforcement officers found 333.78 grams of methamphetamine. Carla Remy admitted the methamphetamine had been purchased in South Carolina and the plan was to sell it in West Virginia. As part of the plea, the car being used by the Remys on July 8, 2018, has been forfeited to the United States.
Eric Coleman, 21, and John D. Toney, also known as “JD,” 19, both from Scarbro, both entered guilty pleas to conspiracy to distribute more than 100 grams of heroin, more than 50 grams of a substance containing methamphetamine, and a quantity of oxycodone. Toney admitted that from October 2017 through July 31, 2018, that he participated in a drug trafficking organization that distributed oxycodone, heroin, and methamphetamine in Fayette County, West Virginia. Toney admitted that during this time period, he participated in the distribution of oxycodone pills, assisted other members of the drug trafficking organization in acquiring over 100 grams of heroin on July 16, 2018, and further admitted to distributing more than 50 grams of a substance containing methamphetamine. In a separate hearing, it was established that Eric Coleman also participated in the same drug trafficking organization. It was determined that during the time period between October 2017, and July 31, 2018, Coleman assisted his father and Toney in distributing oxycodone, heroin, and methamphetamine. Coleman previously admitted to law enforcement that he was assisting his father in distributing quantities of oxycodone in Fayette County. It was further established that during this time period, Coleman also distributed over 100 grams of heroin, and more than 50 grams of a substance containing methamphetamine. Most of the distributions of controlled substances occurred at the Coleman’s residence in Scarbro.
Both Toney and Coleman face a mandatory minimum period of five years and up to forty years in prison and a $5,000,000.00. Coleman is scheduled for sentencing on July 10, 2019 and Toney is scheduled for sentencing on July 25, 2019.
The investigation dubbed Operation Mountaineer Highway stretched from West Virginia to South Carolina and New Jersey and resulted in federal and state charges being brought against a total of 38 individuals, with 12 defendants being charged in federal indictments. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. The hearings were held before United States District Judge Joseph R. Goodwin.
SDWVNews and USAttyStuart
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One-Pot Meth Cook Sentenced to 15 Years in Federal PrisonRead the Press Release
A man who conspired to manufacture methamphetamine was sentenced April 18, 2019, to 15 years in federal prison.
Justin Michael Cinkan, age 28, from Cedar Rapids, Iowa, received the prison term after a November 20, 2018, jury verdict finding him guilty of conspiring to manufacture five grams or more of methamphetamine near a school and possessing pseudoephedrine for the purpose of manufacturing methamphetamine.
The evidence at trial showed that between September 2015 and May 2016, Cinkan purchased over 25 grams of pseudoephedrine for the purpose of cooking meth. On four other occasions during that time frame, he had been blocked from purchasing pseudoephedrine as a result of the State of Iowa’s electronic pseudoephedrine tracking system. Trial evidence also showed that Cinkan had other individuals purchase pseudoephedrine and other materials used for manufacturing meth. In the few days prior to May 1, 2016, Cinkan and a woman stockpiled materials to cook meth at a home in Marion. Cinkan and the woman got into an argument and he threatened to blow up the female by lighting an active one-pot meth lab on fire. After the woman’s brother found an apparent one-pot meth lab in the house and called police, the Marion Police Department discovered the one-pot lab and other meth-making materials in the house.
Cinkan was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Cinkan was sentenced to 180 months’ imprisonment. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system.
At sentencing, Chief Judge Strand found that Cinkan had recruited others into the conspiracy, and also found that Cinkan had testified falsely at trial. The court also noted that Cinkan had gone on a “crime spree” in May 2016. Cinkan was convicted of three felonies after he stole, and then abandoned, three cars during the week after the discovery of his meth lab on May 1. The final stolen car was later found with materials for meth manufacturing still inside. Cinkan had also previously been convicted of a felony crime of possessing methamphetamine precursors.
Cinkan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Marion Police Department and prosecuted by Assistant United States Attorneys Dan Chatham and Kyndra Lundquist.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00053-LTS.
Follow us on Twitter @USAO_NDIA.
New Orleans Man Pleads Guilty to Conspiracy to Commit Bank RobberyRead the Press Release
U.S. Attorney Peter G. Strasser announced that AARON RUDOLPH, age 26, of New Orleans, has pleaded guilty to conspiracy to commit bank robbery in violation of Title 18, United States Code, Section 371.
According to the court documents, RUDOLPH conspired with his co-defendant, JOHN RUDOLPH, to rob the First Bank and Trust, in Hammond, Louisiana, of approximately $10,490.96.
RUDOLPH faces a maximum term of imprisonment of five years, and/or a fine of up to $250,000. Following any term of imprisonment, RUDOLPH may be placed on supervised release for a period of up to three years. In addition, a mandatory $100 special assessment will be assessed. U.S. District Court Judge Barry W. Ashe set sentencing for RUDOLPH for July 25, 2019 at 1:30 p.m.
U.S. Attorney Strasser praised the work of agents of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Maria M. Carboni is in charge of the prosecution.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 15, 2019, by U.S. District Judge Roberto A. Lange.
Benjamen T. Flute, a/k/a Benjamin T. Flute, age 39, was sentenced to 24 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Flute was indicted by a federal grand jury on December 11, 2018. He pled guilty on February 7, 2019.
Flute was convicted of Second-Degree Rape in Caddo County, Oklahoma, in December 2007. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In 2017, Flute was convicted of Failure to Register as a Sex Offender in the District of South Dakota, after he moved from Oklahoma to Mission and did not update his registration. In September 2018, Flute was residing in Rapid City, South Dakota. He subsequently moved to Mission but did not update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Flute was immediately turned over to the custody of the U.S. Marshals Service.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Peter Strasser announced today that JESUS RUIZ-MADRIGAL, age 37, was charged yesterday in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the indictment, RUIZ-MADRIGAL, reentered the United States after he was previously deported on March 11, 2016. If convicted, RUIZ-MADRIGAL faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
Metairie Man Pleads Guilty to Bank RobberyRead the Press Release
U.S. Attorney Peter Strasser announced that KEITH ANTHONY RAMIREZ, age 34, pled guilty before the United States District Court to a one-count Indictment charging him with bank robbery in violation of Title 18, United States Code, Section 2113(a).
According to court documents, RAMIREZ robbed the Capital One Bank at 830 North Highway 190 in Covington on December 4, 2018. RAMIREZ faces a sentence of up to twenty years in prison, a period of up to three years of supervised release, a fine of $250,000, and a mandatory $100 special assessment. U.S. District Court Judge Carl J. Barbier set sentencing for RAMIREZ for July 11, 2019 at 9:30 a.m.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
McClain Man Sentenced to over 23 Years in Federal Prison for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss. – Darnell Antonio Mills, 38, of McClain, Mississippi, was sentenced today by U.S. District Judge Sul Ozerden to 278 months in federal prison, followed by 5 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.
Mills pled guilty on December 21, 2018, to one count of possession with intent to distribute methamphetamine. Mills sold methamphetamine to a confidential source on several occasions. After one such sale, he was stopped by police officers and he attempted to flee by ramming his vehicle into a police officer’s car. During the course of his conduct, Mills sold over 600 grams of high quality methamphetamine.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John Meynardie.
Massachusetts Man Sentenced for Sending White Powder and Threatening Letters from 2015 through 2018Read the Press Release
BOSTON – A Beverly man was sentenced today in connection with mailing threatening letters containing suspicious white powder to high-profile individuals, law enforcement officials and others.
Daniel Frisiello, 25, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to five years of probation, with one year to be served in home detention with location monitoring, and restitution. During the period of probation, Frisiello is prohibited from contacting the victims in the case, sending letters through the mail, accessing the internet, and possessing and accessing computers. In October 2018, Frisiello pleaded guilty to 13 counts of mailing a threat to injure the person of another and six counts of false information and hoaxes. Frisiello was arrested and charged on March 1, 2018, and has been in home detention since.
In 2018, Frisiello mailed five high-profile individuals around the country envelopes that contained suspicious white powder and notes threatening harm. The envelopes and notes had significant commonalities including a Boston postmark. One victim had earlier received a similar “glitter bomb,” that is, an envelope containing glitter sent to an unsuspecting individual that, when opened, spills out onto the recipient. Law enforcement traced the glitter bomb to Frisiello through financial records. In addition, trash recovered from Frisiello’s residence contained remnants of the cut-out computer-printed messages that Frisiello sent to some victims.
Frisiello was tied to other threatening letters through fingerprints and further investigation. In 2015, Frisiello sent two letters that threatened the manager of a Massachusetts company that had recently terminated one of Frisiello’s family members. During the 2016 presidential campaign, Frisiello sent a white-powder letter to family members of then-presidential candidate Donald Trump, which caused a significant hazardous material response by law enforcement in New York City. The letter promised that if Trump did not drop out of the race, the next letter would not be a fake. In 2016, Frisiello also sent letters to the heads of four law enforcement agencies in Connecticut and Rhode Island, warning them to drop an investigation into Nathan Carman, who allegedly killed his mother and grandfather, threatening that one police chief would join Carman’s mother “at the bottom of the sea” and that a state police colonel would not only drown, but also receive “a bullet in [his] brain.” In 2017, Frisiello sent a letter threatening to shoot the assistant district attorney who was prosecuting Michelle Carter for involuntary manslaughter and to also shoot the judge who was hearing the case. In 2018, Frisiello sent white powder letters to another member of the First Family, a United States Attorney, United States Senator Deborah Stabenow, a Stanford law professor, and a candidate for the United States House of Representatives.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Stephen Marks, Special Agent in Charge of the U.S. Secret Service Boston Field Office; and Beverly Police Chief John G. LeLacheur made the announcement today. The investigation was led by the FBI Boston Division’s Joint Terrorism Task Force. Assistant U.S. Attorney Scott L. Garland, Deputy Chief of Lelling’s National Security Unit, prosecuted the case.
Maryland Man Sentenced to 30 Years in Prison for Killing Two Men in 2017 Shooting in Northeast WashingtonRead the Press Release
WASHINGTON – Matthew Moore, Jr., 34, formerly of District Heights, Md., was sentenced today to 30 years in prison for a shooting that killed two people who were sitting in a car in Northeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD)
Moore pled guilty in August 2018, in the Superior Court of the District of Columbia, to two counts of second-degree murder while armed. The plea, which was contingent upon the Court’s approval, called for a sentence of 24 to 36 years in prison. The Honorable Danya A. Dayson accepted the plea; however, Moore attempted to withdraw his plea several months later. Judge Dayson ultimately denied the defendant’s motion to withdraw and sentenced Moore accordingly. Following his prison term, Moore will be placed on five years of supervised release.
According to the government’s evidence, on Jan. 17, 2017, at about 6:23 a.m., Moore was driving a white Kia Optima and the victims – Ronnell Reaves and Kevin Kennedy – were passengers. Moore pulled into the 600 block of 14th Place NE and parked the vehicle. He and Mr. Reaves then got out of the car and walked into a nearby alleyway. Mr. Kennedy remained in the car. Minutes later, Mr. Reaves returned to the car and got in the driver’s seat. Mr. Reaves was in the driver’s seat, and Mr. Kennedy was in the back seat, when Moore returned to the car.
At 6:36 a.m., Moore opened the front passenger door, leaned into the car, and pulled out a firearm. He fired two shots at Mr. Reaves in the front seat and two more shots at Mr. Kennedy in the back seat. Mr. Reaves, 22, was pronounced dead at the scene. Mr. Kennedy was taken to a hospital and later to a long-term care facility, where he died on July 9, 2018. He was 23. An autopsy determined that he died from gunshot wounds to the head and related complications.
On Jan. 26, 2017, law enforcement obtained a search warrant for Moore’s residence in District Heights. As a result of this search, law enforcement recovered a .40-caliber sub-compact, semi-automatic handgun. The gun was loaded with cartridges that were consistent with the four shell casings recovered from the scene of the shooting. Moore was arrested on Feb. 6, 2017, and has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences and the District of Columbia Office of the Chief Medical Examiner. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kelly Blakeney, Victim/Witness Advocate Marcia Rinker, and Assistant U.S. Attorney Allessandra Stewart, who investigated and prosecuted the case.
Lower Brule Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Aiding and Abetting.
Carlton Felicia, age 20, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 18, 2019, and pled not guilty to the Indictment.
The maximum penalty for each count upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 1, 2018, Felicia and another individual assaulted the victim with shod feet, which resulted in serious bodily injury to the victim.
Grant Whitney, his co-defendant, previously appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2019, and plead not guilty to the Indictment.
The charges are merely accusations and Felicia is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Felicia was released on bond pending trial. A trial date has not been set.
Local FBI Agent Receives Dual Awards Including Lifetime Achievement Award for Investigation of Human Trafficking and Civil Rights Cases and for Work with Crime VictimsRead the Press Release
An FBI Special Agent from the Oxford Resident Agency Office has been recognized in two separate award ceremonies this week for his investigation of civil rights and human trafficking cases and his work with victims of those offenses. FBI Special Agent Walter Henry, of the FBI Oxford Resident Agency, was honored by leaders from the Department of Justice, FBI and the US Attorney’s Office when he received the FBI’s National Civil Rights Program Award for his lifetime of achievement in investigating Civil Rights Cases. Henry received the national award on Monday in a ceremony attended by family, co-workers and friends. Henry was again recognized on Friday in a ceremony at the US Attorney’s office for his work with crime victims.
The FBI's Civil Rights Program Award is an annual award recognizing outstanding cases, programs, or individuals, inside or outside of the Bureau, who are working Civil Rights Crimes and Human Trafficking threats. The goal of the award program is to highlight the exemplary work of those investigating civil rights matters, and promote the FBI's civil rights mission, foster liaison relationships, and enhance education and outreach efforts. In Henry’s case, he received the award not because of a specific investigation, but for his entire career’s dedication to the investigation of Civil Rights and Human Trafficking cases.
Assistant Special Agent in Charge Bryan McCloskey of the Memphis Field Office supervised Henry for several years while they were both a part of the FBI Oxford Resident Agency Office and was on hand to introduce Henry and help present the award. McCloskey highlighted the positive impact that Special Agent Henry’s work has had not only in Mississippi, but across the nation. Because of Henry’s experience, empathy and investigative abilities, he has been assigned to assist with difficult and politically charged investigations across the United States. McCloskey noted that in addition to his work in other cities across the country on sensitive civil rights cases, Henry has handled the majority of civil rights cases in this district during the previous year and has helped train law enforcement officers and other individuals across the state of Mississippi on investigating and dealing with suspected civil rights cases.
During the ceremony, Henry was commended for his work with victims, community leaders and civil rights organizations. McCloskey noted that Henry’s calm and empathetic manner allows him effectively deal with emotionally charged situations and to interact with families of victims in a way that helps to bring reassurance and closure.
"Special Agent Henry exemplifies everything positive about the FBI. It is an honor and privilege to recognize SA Henry for being a leader in the FBI's national civil rights program," said SAC Freeze. "Walt's work over the course of his career has ensured that the civil rights of all are protected."
U.S. Attorney Lamar also applauded Henry, and noted that he was particularly deserving of recognition. “Throughout his career, Walt Henry has epitomized what a Special Agent with the Bureau should be. He has left an indelible mark on those with whom he has worked, done with strokes of politeness, humor and goodwill, but most of all with hard work, dedication, brilliance, integrity and humility. I can think of no one more deserving of this honor.”
Henry and two other agents were also recognized in a ceremony on Friday morning for outstanding work with victims as a part of National Crime Victim’s Rights Week. FBI Agent Henry, FBI Agent Ryan Berthay and Health and Human Services Agent Mike Loggins were all recognized on Friday for outstanding work with crime victims.
During the Friday morning ceremony, Henry was recognized for his dedication to crime victims, their families and communities. A federal prosecutor introducing Henry’s award noted that Henry cares for the physical, emotional and spiritual needs of victims, recognizes the pain of family members and gently and gracefully displays compassion throughout his investigations.
FBI Agent Ryan Berthay was recognized for his dogged pursuit of justice on behalf of crime victims and for the thorough work he does on each and every investigation. Agent Mike Loggins of the Department of Health and Human Services Office of the Inspector General was recognized for his extraordinary efforts to personally meet and hear from victims of those crimes he investigates.
Jury Convicts Social Media Entrepreneur in Plot to Hijack Internet DomainRead the Press Release
A man who enlisted his cousin to break into a Cedar Rapids man’s home and order him at gunpoint to transfer an Internet domain was convicted by a jury on April 18, 2019. The jury’s verdict followed a four-day trial in federal court in Cedar Rapids.
Rossi Lorathio Adams II, age 26, from Cedar Rapids, Iowa, also known as “Polo,” was convicted of conspiracy to interfere with commerce by force, threats, and violence. The verdict was returned after about an hour of jury deliberations.
The evidence at trial showed that Adams founded the social media company “State Snaps” while a student at Iowa State University in 2015. State Snaps operates on a variety of social media platforms, including Snapchat, Instagram, and Twitter. At one time, Adams had over a million followers on his social media sites, which mostly contained images and videos of young adults engaged in crude behavior, drunkenness, and nudity. In 2015, a Des Moines area television station aired a news segment in which Adams, who in the interview would only identify himself as “Polo,” was continuing to operate his social media sites despite the objections of Iowa State University administrators and the policies of the social media platforms.
Adams’ followers often used the slogan, “Do It For State!” Adams tried to purchase the Internet domain “doitforstate.com” from a Cedar Rapids resident who had registered the domain with GoDaddy.com. Between 2015 and 2017, Adams repeatedly tried to obtain “doitforstate.com”, but the owner of the domain would not sell it. Adams also threatened one of the domain owner’s friends with “gun emojis” after the friend used the domain to promote concerts.
In June 2017, Adams enlisted his cousin, Sherman Hopkins, Jr., to break into the domain owner’s home and force him at gunpoint to transfer doitforstate.com to Adams. Hopkins was a convicted felon who lived in a homeless shelter at the time.
On June 21, 2017, Adams drove Hopkins to the domain owner’s house and provided Hopkins with a demand note, which contained instructions for transferring the domain to Adams’ GoDaddy account. When Hopkins entered the victim’s home in Cedar Rapids, he was carrying a cellular telephone, a stolen gun, a taser, and he was wearing a hat, pantyhose on his head, and dark sunglasses on his face.
The victim was upstairs and heard Hopkins enter the home. From the top of a staircase, the victim saw Hopkins with the gun on the first floor. Hopkins shouted at the victim, who then ran into an upstairs bedroom and shut the door, leaning up against the door to stop Hopkins from entering. Hopkins went upstairs and kicked the door open.
Hopkins grabbed the victim by the arm and demanded to know where he kept his computer. When the victim told Hopkins that he kept his computer in his home office, Hopkins forcibly moved the victim to the office. Hopkins ordered the victim to turn on his computer and connect to the Internet. Hopkins pulled out Adams’ demand note, which contained a series of directions on how to change an Internet domain name from the domain owner’s GoDaddy account to one of Adams’ GoDaddy accounts.
Hopkins put the firearm against the victim’s head and ordered him to follow the directions on the demand note. Hopkins then pistol whipped the victim several times in the head. Fearing for his life, the victim quickly turned to move the gun away from his head. The victim then managed to gain control of the gun, but during the struggle, he was shot in the leg. The victim shot Hopkins multiple times in the chest. He then contacted law enforcement.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Adams was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Adams faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Matthew J. Cole and was investigated by the Cedar Rapids Police Department. Hopkins was sentenced to 20 years’ imprisonment in June 2018.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-86-CJW.
Follow us on Twitter @USAO_NDIA.
Jackson Man Sentenced to Almost Four Years in Federal Prison under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Jamie D. Wilson, 36, of Jackson, was sentenced yesterday by U.S. District Judge Daniel P. Jordan III to 47 months in federal prison, followed by three years of supervised release, for illegally possessing a firearm after having previously been convicted of a felony, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Wilson was also ordered to pay a $1,500 fine.
On September 20, 2016, Wilson was arrested by the Jackson Police Department while in possession of a Glock .357 caliber handgun loaded with 16 rounds of ammunition. He had previously had been convicted in 2012 in Hinds County Circuit Court to serve 3 years in state prison for felony possession of marijuana and 8 years in state prison for possession of cocaine, with 5 of those years suspended after serving 3 years. His state prison sentences also required Wilson to serve 5 years on post-release supervision. Wilson was discharged from Mississippi Department of Corrections custody in 2014 to complete the suspended portion of his sentence. At the time of his arrest on September 20, 2016, he was still serving the suspended portion of his state sentence.
On September 7, 2018, Wilson was charged in a federal indictment with possession of a firearm by a convicted felon. He pled guilty before Judge Jordan on January 18, 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department. It was prosecuted by Assistant United States Attorney Carla J. Clark
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former 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.
Jackson County Man Sentenced to 10 Years in Prison for Distributing Cocaine and Trading Cocaine for FirearmsRead the Press Release
MEDFORD, Ore.—On Thursday, April 18, 2019, Jonathan Alan Ochoa, 31, of Talent, Oregon, was sentenced to 120 months in federal prison and five years’ supervised release for conspiring to distribute and possess with intent to distribute cocaine and possessing a firearm in furtherance of a drug trafficking crime.
“Mr. Ochoa’s actions show a blatant disregard for the law and public safety. The lengthy prison sentences ordered in this case reflect the seriousness of mixing firearms and drug trafficking,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “I thank the ATF agents involved in bringing Mr. Ochoa and Mr. Manzer to justice. Our communities are safer thanks to their efforts.”
“Mr. Ochoa compounded his drug dealing by accepting firearms in trade for illicit drugs,” said ATF Seattle Field Division Special Agent in Charge Darek Pleasants. “His willingness to engage in this lawless behavior undermines the safety and security of his community and contributes to other related criminal activities. His sentence is appropriate and serves to send a message to the community that actions like this will not be tolerated.”
According to court documents, between July and August 2017, Ochoa agreed and conspired with co-defendants Gonzalo Manzo, Jr. and Rodolfo Quevedo to send more than 500 grams of cocaine from California to Oregon to sell and distribute to others. During this time, Ochoa and Manzo negotiated a sale of cocaine with an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in exchange for multiple firearms.
On August 17, 2017, at Manzo’s request, Quevedo transported approximately 1000 grams of cocaine from California and delivered it to Ochoa in the Medford area. The firearms and cash were intended to be transported back to California but agents arrested Ochoa and his co-conspirators and the firearms were seized by law enforcement.
Manzo pleaded guilty to the same charges in August 2018 and was sentenced to 188 months in prison and three years’ supervised release on December 11, 2018. Quevedo pleaded guilty in September 2018 to a single count of conspiracy to distribute and possess with intent to distribute cocaine and was sentenced to one year and one day in prison and five years’ supervised release on December 20, 2018.
Ochoa previously pleaded guilty to one count each of conspiracy to distribute and possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime on October 29, 2018.
This case was investigated by ATF and is being prosecuted by Nathan J. Lichvarcik and Adam E. Delph, Assistant U.S. Attorneys for the District of Oregon.
The case is part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on April 16 was:
JUDITH JOHANNA COSSETTE, 66, of Kalispell, on charges of murder for hire. If convicted of the most serious crime, Cossette faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Cossette was released pending trial. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-16.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on April 18 was:
TYRUS EUGENE BROCKIE, 19, of Hays, on charges of sexual abuse of a minor. If convicted of the most serious crime, Brockie faces a maximum of 15 years in prison, a $250,000 fine and five years to a lifetime of supervised release. Brockie was detained. The case was investigated by the FBI. Pacer case reference. 19-26.
JEREMY DAVIS WING, 40, of Lodgepole, on charges of domestic abuse by habitual offender. If convicted of the most serious crime, Wing faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Wing was detained. The case was investigated by the FBI. Pacer case reference. 19-27.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Indian National Extradited to United States to Face Charges for Leadership Role in Multimillion Dollar India-Based Call Center Scam Targeting U.S. VictimsRead the Press Release
An Indian national has been extradited to the United States from Singapore to face charges related to his role as an operator of a call center network that targeted U.S victims. The massive India-based telephone impersonation fraud and money laundering conspiracy defrauded thousands of U.S. residents out of hundreds of millions of dollars.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas, Executive Associate Director Derek N. Benner of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Inspector General J. Russell George of the U.S. Treasury Inspector General for Tax Administration (TIGTA) and Acting Inspector General John Kelly of the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) made the announcement today.
Hitesh Madhubhai Patel, 42, of Ahmedabad, India, arrived in the United States and is scheduled to be arraigned today before a U.S. magistrate judge in federal court in Houston, Texas. The indictment, which was unsealed in October 2016, charged Patel and 60 other individuals and entities with general conspiracy, wire fraud conspiracy and money laundering conspiracy. The case is assigned to the Honorable David Hittner of the Southern District of Texas.
“Hitesh Patel operated a call center that allegedly preyed upon vulnerable U.S. citizens as part of a massive fraud scheme,” said Assistant Attorney General Benczkowski. “This extradition once again demonstrates the Department’s unwavering commitment to disrupt and dismantle the India-based call center scam industry and to work with our foreign partners to hold accountable those who perpetrate schemes that defraud our citizens. I especially would like to thank our Singaporean colleagues for their excellent cooperation with this extradition and their commitment to combatting transnational organized crime.”
“I cannot compliment enough the hard work and effort put into this case by the agents, analysts and attorneys of the many agencies involved,” said U.S. Attorney Patrick. “Large complex international cases like these often take years to bring in foreign-based defendants. I applaud our global partners in helping bring this case closer to a conclusion.”
“Today’s extradition should serve as a strong deterrent to anyone considering taking part in similar scams, and I hope it provides a sense of justice for the victims as well,” said HSI Executive Associate Director Benner. “HSI will continue to utilize its unique investigative mandate, in conjunction with our local, state and federal partners, to attack and dismantle the criminal enterprises who would seek to manipulate U.S. institutions and taxpayers.”
“Since 2013, the IRS impersonation scam has been on a relentless path, claiming more than 15,000 victims who have collectively suffered over $75 million in losses,” said Treasury Inspector General for Tax Administration J. Russell George. “TIGTA’s investigations, often conducted with other Federal agencies, have identified 140 scammers, including Patel, who have preyed upon taxpayers. Today’s extradition and arraignment are proof that TIGTA and its law enforcement partners will be equally relentless in rooting out individuals who fraudulently identify themselves as IRS employees in order to extort money from taxpayers. We especially appreciate the cooperation of the Government of Singapore for its role in the extradition.”
“This historic extradition should serve as notice to transnational criminal organizations of the lengths DHS is willing to go to arrest those who would enrich themselves by extorting the most vulnerable in our society,” said Special Agent in Charge David Green of DHS-OIG Houston, Texas Field Office. “The owners, managers and employees of overseas call centers who target U.S. residents should know that our pursuit of justice for victims of their scams does not stop at the water’s edge. We will continue to work with our international partners to identify these fraudsters, track them down and hold them accountable for their crimes.”
Singapore authorities apprehended Patel at the request of the United States pursuant to a provisional arrest warrant on Sept. 21, 2018, after flying from India to Singapore. The Singaporean Minister for Law issued a warrant on March 25, 2019 for Patel to be delivered into custody of the United States.
The indictment alleges that Patel operated the HGlobal call center conglomerate and participated in a complex fraudulent scheme involving a network of call centers based in Ahmedabad, India. Using information obtained from data brokers and other sources, India-based conspirators allegedly called potential victims while impersonating officials from the IRS or U.S. Citizenship and Immigration Services. According to the indictment, the call center conspirators then threatened victims with arrest, imprisonment, fines or deportation if they did not pay taxes or penalties to the government. When victims agreed to pay, the call centers used a network of U.S.-based conspirators to quickly liquidate and launder the extorted funds through the use of stored value cards or via wire transfers. As alleged in the indictment, the stored value cards were often registered by the scammers using misappropriated personal identifying information of thousands of identity theft victims, and conspirators collected the wire transfers by using fake names and fraudulent identifications.
According to the indictment, the call center conspirators also defrauded victims through other schemes, including via offering fake short-term loans or grants. The indictment alleges that the conspirators would then request a good-faith deposit to show the victims’ ability to pay back the loan or a fee to process the grant. The victims of the alleged scam never received any money after making the requested payment.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
A total of 24 domestic defendants associated with this transnational criminal scheme have previously been convicted and sentenced to terms of imprisonment of up to 20 years in the Southern District of Texas, District of Arizona and Northern District of Georgia. The defendants were also ordered to pay millions of dollars in victim restitution and money judgments and to forfeit seized assets. Some defendants were ordered to be deported based on their illegal immigration status, with another defendant having his U.S. citizenship revoked due to a separate conviction for immigration fraud. The remaining India-based defendants have yet to be arraigned in this case.
HSI, DHS-OIG and TIGTA conducted the investigation. The Department of Justice’s Office of International Affairs and HSI Singapore provided significant support in securing and coordinating Patel’s arrest and extradition, working in concert with their counterparts at the Singapore Attorney General’s-Chambers and the Singapore Police Force.
Trial Attorneys Michael Sheckels and Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section, Amanda Wick of the Criminal Division’s Money Laundering and Asset Recovery Section, and Assistant U.S. Attorneys Mark McIntyre and Craig Feazel of the Southern District of Texas are prosecuting the case.
A Department of Justice website has been established to provide information about the case to victims and the public. Anyone who believes they may be a victim of fraud or identity theft in relation to this investigation or other telefraud scam phone calls may contact the FTC via this website.
Anyone seeking additional information about telefraud scams generally, or preventing identity theft or fraudulent use of their identity information, may find helpful information on the IRS tax scams website, the FTC phone scam website, and the FTC identity theft website.
Indian National Extradited to Face Charges for Leadership Role in Multimillion Dollar India-Based Call Center ScamRead the Press Release
HOUSTON – An Indian national has been extradited to the United States from Singapore to face charges related to his role as an operator of a call center network that targeted U.S victims. The massive India-based telephone impersonation fraud and money laundering conspiracy defrauded thousands of U.S. residents out of hundreds of millions of dollars.
U.S. Attorney Ryan K. Patrick made the announcement along with Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Executive Associate Director Derek N. Benner of Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Inspector General J. Russell George of the U.S. Treasury Inspector General for Tax Administration (TIGTA) and Acting Inspector General John Kelly of the Department of Homeland Security (DHS) Office of Inspector General (OIG).
Hitesh Madhubhai Patel, 42, of Ahmedabad, India, arrived in the United States and is scheduled to be arraigned today before U.S. Magistrate Judge Peter Bray at 1:30 p.m. in Houston. The indictment, which was unsealed in October 2016, charged Patel and 60 other individuals and entities with general conspiracy, wire fraud conspiracy and money laundering conspiracy. The case is assigned to the Honorable David Hittner of the Southern District of Texas.
“I cannot compliment enough the hard work and effort put into this case by the agents, analysts and attorneys of the many agencies involved,” said Patrick. “Large complex international cases like these often take years to bring in foreign-based defendants. I applaud our global partners in helping bring this case closer to a conclusion.”
“Hitesh Patel operated a call center that allegedly preyed upon vulnerable U.S. citizens as part of a massive fraud scheme,” said Benczkowski. “This extradition once again demonstrates the Department’s unwavering commitment to disrupt and dismantle the India-based call center scam industry and to work with our foreign partners to hold accountable those who perpetrate schemes that defraud our citizens.”
“Today’s extradition should serve as a strong deterrent to anyone considering taking part in similar scams, and I hope it provides a sense of justice for the victims as well,” said Benner. “HSI will continue to utilize its unique investigative mandate, in conjunction with our local, state and federal partners, to attack and dismantle the criminal enterprises who would seek to manipulate U.S. institutions and taxpayers.”
“Since 2013, the IRS impersonation scam has been on a relentless path, claiming more than 15,000 victims who have collectively suffered over $75 million in losses,” said George. “TIGTA’s investigations, often conducted with other federal agencies, have identified 140 scammers, including Patel, who have preyed upon taxpayers. Today’s extradition and arraignment are proof that TIGTA and its law enforcement partners will be equally relentless in rooting out individuals who fraudulently identify themselves as IRS employees in order to extort money from taxpayers. We especially appreciate the cooperation of the Government of Singapore for its role in the extradition.”
“This historic extradition should serve as notice to transnational criminal organizations of the lengths DHS is willing to go to arrest those who would enrich themselves by extorting the most vulnerable in our society,” said Special Agent in Charge David Green of DHS-OIG, Houston Field Office. “The owners, managers and employees of overseas call centers who target U.S. residents should know that our pursuit of justice for victims of their scams does not stop at the water’s edge. We will continue to work with our international partners to identify these fraudsters, track them down and hold them accountable for their crimes.”
Singapore authorities apprehended Patel at the request of the United States pursuant to a provisional arrest warrant on Sept. 21, 2018, after flying from India to Singapore. The Singaporean Minister for Law issued a warrant on March 25, 2019, for Patel to be delivered into custody of the United States.
The indictment alleges Patel operated the HGlobal call center conglomerate and participated in a complex fraudulent scheme involving a network of call centers based in Ahmedabad, India. Using information obtained from data brokers and other sources, India-based conspirators allegedly called potential victims while impersonating officials from the IRS or Citizenship and Immigration Services. According to the indictment, the call center conspirators then threatened victims with arrest, imprisonment, fines or deportation if they did not pay taxes or penalties to the government. When victims agreed to pay, the call centers used a network of U.S.-based conspirators to quickly liquidate and launder the extorted funds through the use of stored value cards or via wire transfers. As alleged in the indictment, the stored value cards were often registered by the scammers using misappropriated personal identifying information of thousands of identity theft victims, and conspirators collected the wire transfers by using fake names and fraudulent identifications.
According to the indictment, the call center conspirators also defrauded victims through other schemes, including via offering fake short-term loans or grants. The indictment alleges onspirators would then request a good-faith deposit to show the victims’ ability to pay back the loan or a fee to process the grant. The victims of the alleged scam never received any money after making the requested payment.
A total of 24 domestic defendants associated with this transnational criminal scheme have previously been convicted and sentenced to terms of imprisonment of up to 20 years in the Southern District of Texas, District of Arizona and Northern District of Georgia. The defendants were also ordered to pay millions of dollars in victim restitution and money judgments and to forfeit seized assets. Some defendants were ordered to be deported based on their illegal immigration status, with another defendant having his U.S. citizenship revoked due to a separate conviction for immigration fraud. The remaining India-based defendants have yet to be arraigned in this case.
HSI, DHS-OIG and TIGTA conducted the investigation. The Department of Justice’s Office of International Affairs and HSI Singapore provided significant support in securing and coordinating Patel’s arrest and extradition, working in concert with their counterparts at the Singapore Attorney General’s-Chambers and the Singapore Police Force.
Assistant U.S. Attorneys Mark McIntyre and Craig Feazel are prosecuting the case along with Trial Attorneys Michael Sheckels and Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section, Amanda Wick of the Criminal Division’s Money Laundering and Asset Recovery Section.
A Department of Justice website has been established to provide information about the case to victims and the public. Anyone who believes they may be a victim of fraud or identity theft in relation to this investigation or other telefraud scam phone calls may contact the FTC via this website.
Anyone seeking additional information about telefraud scams generally, or preventing identity theft or fraudulent use of their identity information, may find helpful information on the IRS tax scams website, the FTC phone scam website, and the FTC identity theft website.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Illegal Alien Sentenced on Cocaine Trafficking and Firearms ChargesRead the Press Release
ALEXANDRIA, Va. – An illegal alien with a prior felony drug trafficking conviction was sentenced today to more than 12 years in prison for cocaine distribution and firearms charges related to his involvement in a prolific cocaine trafficking network in the mid-Atlantic region of the United States.
“Alvarez is a recidivist armed drug dealer who has illegally entered the United States on multiple occasions,” said U.S. Attorney G. Zachary Terwilliger. “After a conviction for drug trafficking in 2007, in which he was discovered in a hotel room with methamphetamine and a loaded handgun, he was deported back to Mexico. Alvarez illegally returned to the United States sometime later and eventually resumed trafficking controlled substances while armed with a firearm. He clearly has no regard for our nation’s laws and borders and he poses a threat to our public safety.”
According to court documents, Homero Salgado Alvarez, 46, a citizen of Mexico, was previously convicted of drug distribution in 2007, and was subsequently deported to Mexico. He later returned to the United States, where he eventually resumed trafficking in controlled substances. When he came to the attention of law enforcement in late 2017, he was a wholesale cocaine distributor operating in southeastern North Carolina who was regularly trafficking in kilogram quantities of cocaine. The cocaine that Alvarez distributed made its way up from North Carolina to the greater Washington, DC area, including the Eastern District of Virginia.
“Today’s sentencing sends a clear message that criminal enterprises engaged in the illegal acquisition and distribution of narcotics in our communities cannot evade the law,” said Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office. “The FBI will work closely with our partners to continue to aggressively investigate and disrupt significant criminal enterprises.”
Alvarez, who also possessed a firearm for protection while carrying out his drug dealing, used coded language to refer to drugs, including “tires” to refer to quantities of cocaine. This was done to conceal his illegal activities from detection, as Alvarez did, in fact, work at a legitimate business selling used tires. When Alvarez was arrested, law enforcement found a total of 3 kilograms of cocaine hidden in his washing machine and bathroom, along with a .40-caliber Smith & Wesson handgun.
This case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Tomb Stone. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Barry M. Barnard, Chief of Prince William County Police, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Katherine E. Rumbaugh prosecuted the case, with significant assistance from Special Assistant U.S. Attorney Gwendelynn Bills.
This investigation was led by FBI Washington Field Office’s Safe Streets/HIDTA Task Force. The Task Force is composed of FBI Agents along with investigators from local police and sheriff’s offices in northern Virginia as well as Immigration and Customs Enforcement (ICE). Significant assistance was provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) Washington Field Division, FBI’s Charlotte Field Office, DEA’s Greensboro Resident Agency, and the Police Departments of Sanford, North Carolina and Fayetteville, North Carolina.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 1:18-cr-380; 1:18-cr-470.
Former Tallassee Police Investigator Pleads Guilty to Assaulting Handcuffed ArresteeRead the Press Release
Montgomery, Alabama – Today, Michael Brandon Smirnoff, 27, a former Tallassee Police investigator, pleaded guilty to assaulting a handcuffed, 24-year-old man, announced U.S. Attorney Louis V. Franklin, Sr., Assistant Attorney General Eric Drieband of the Justice Department’s Civil Rights Division, and FBI Special Agent in Charge James E. Jewell.
According to the guilty plea, Smirnoff, who was on duty as an investigator with the Tallassee Police Department, used his patrol car to pursue the victim, J.M., who was on a four-wheeler. After the pursuit, J.M. stepped off his four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and then slammed him to the ground. Smirnoff then repeated the assault. Moments later, before Smirnoff placed the victim into his patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. For each assault, the victim was handcuffed, compliant, and did not pose a threat.
“Police officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Eric Drieband of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“It is especially important in a climate of distrust between law enforcement and the public, that officers act ethically and within the bounds of the law,” said U.S. Attorney Franklin. “This police officer’s brutal behavior was unacceptable and criminal. He violated this young man’s constitutional rights and the trust placed in law enforcement officers to faithfully, ethically, and morally enforce the law. You can be sure that anytime an officer steps over the line and into criminal behavior, as this one did, my office will hold that individual accountable.”
FBI Special Agent in Charge James E. Jewell stated, "The FBI supports our state and local law enforcement partners but will not tolerate the intentional abuse of a citizen. The position of police officer should convey compassion as well as trust and we intend to hold that line."
Smirnoff faces a statutory maximum sentence of 10 years in prison and a $250,000 fine. His sentencing hearing is set for July 18, 2019.
This case is being investigated by the FBI’s Montgomery Division. It is being prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Former SCDC Corrections Officer Sentenced to Federal Prison for Smuggling Contraband into Corrections FacilityRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that former South Carolina Department of Corrections (SCDC) Officer Joshua Cave, 30, of Allendale, South Carolina, was sentenced to 6 months in federal prison and 6 months of probation after pleading guilty to Conspiracy to Commit Honest Services Wire Fraud.
Evidence presented to the court showed that SCDC inmates paid Cave bribes in exchange for smuggling alcohol into Allendale Correctional Institute. Evidence showed that Cave received at least ten bribes amounting to over one thousand dollars.
United States District Judge J. Michelle Childs of Columbia sentenced Cave to 6 months in federal prison and 6 months of probation, to be followed by a 2-year term of court-ordered supervision.
“We are grateful for the women and men at the South Carolina Department of Corrections who put on their uniform every day and work hard to protect inmates, prison staff, and the general public,” said U.S. Attorney Lydon. “But this case should serve as a warning to those employees who would violate the public trust by smuggling contraband into our corrections facilities: If you bring contraband into our prisons, you will end up in prison. The U.S. Attorney’s Office will continue to stand with SCDC as we root out corruption in our prison system.”
“We will pursue prison time for any correctional officer or staff member who brings contraband into an SCDC institution,” S.C. Department of Corrections Director Bryan Stirling said. “A correctional officer holds a position of public trust. If he or she violates that trust, it puts fellow officers, staff, inmates, and the public at risk. This kind of conduct will not be tolerated.”
Cave is one of 19 former SCDC employees—including corrections officers, a nurse, and food service employees—indicted on federal charges related to accepting bribes and bringing contraband into South Carolina prisons. Defendants Douglas Hawkins, Shatara Wilson, and Shakeel Malik Monroe have pleaded guilty to Conspiracy to Commit Honest Services Wire Fraud and await sentencing.
The case was investigated by The Federal Bureau of Investigation and South Carolina Department of Corrections Police Services. It was prosecuted by Assistant United States Attorney William Camden Lewis of the Columbia office.
Former Online Brokerage Employee Pleads Guilty to Wire FraudRead the Press Release
A former Seattle employee of the online brokerage firm ShareBuilder, pleaded guilty today in U.S. District Court in Seattle to wire fraud in connection with a kick-back scheme involving one of ShareBuilder’s affiliates, announced U.S. Attorney Brian T. Moran. AUGUSTINE OLOBIA, 49, now of Hurst, Texas, worked at ShareBuilder in Seattle from 1999 to 2013. In his plea agreement he admits he falsified data and approved payment of invoices that inflated the number of customers who opened trading accounts after viewing and clicking on links placed in ads by Texas-based affiliate Tega Creative. The inflated numbers increased revenue to Tega Creative, and OLOBIA was secretly paid about half the net income Tega Creative received. The loss to ShareBuilder’s owner, Capital One, is estimated at more than $1.5 million.
According to the facts admitted in the plea agreement, OLOBIA was responsible for managing the third party vendors who advertised ShareBuilder’s services. Those vendors were paid on a “bounty system.” ShareBuilder paid Tega Creative $40-$55 per account that was opened after a customer came to ShareBuilder via Tega Creative’s advertisement. Beginning in about 2008, OLOBIA executed a scheme to inflate the numbers of accounts that were attributable to Tega Creative. OLOBIA manipulated data in ShareBuilder’s computer system to vastly inflate the number of account openings attributable to Tega Creative’s marketing, and then approved invoices issued by Tega Creative that were based on the inflated numbers. For example in 2007, Tega Creative was credited with about 2,000 account openings. In 2008, as a result of the fraud, Tega Creative with credited with 10,000 account openings. OLOBIA was secretly paid about one-third of the gross monthly payment from ShareBuilder to Tega Creative.
The scheme was uncovered when OLOBIA left ShareBuilder, and other employees tried to reconcile the number of accounts attributed to Tega Creative. In January 2014, OLOBIA prepared a spreadsheet that tried to further the fraud and reconcile the accounts. OLOBIA provided the spreadsheet to an individual at Tega Creative who emailed it on to ShareBuilder. However, the spreadsheet did not end the company’s investigation and the case was referred to law enforcement.
U.S. District Judge Robert S. Lasnik scheduled sentencing for July 12, 2019. Prosecutors have agreed to recommend a sentence of no more than 18 months in prison. Judge Lasnik is not bound by the recommendation and can impose any sentence up to the maximum of twenty years in prison.
The case was investigated by the FBI. The case is being prosecuted by Assistant United States Attorney Michael Dion.
Former Captain of Arkansas Juvenile Detention Center Sentenced to Prison for Conspiracy to Assault Juvenile DetaineesRead the Press Release
Former Captain of the White River Regional Juvenile Detention Center, Peggy Kendrick, 45, was sentenced yesterday to prison for her role in conspiring to assault juvenile inmates, assaulting a 16-year-old juvenile, and obstructing justice by falsifying incident reports about that assault. Kendrick, who served as captain and administrator of the detention center, and was in charge of its daily operations, was sentenced to 84 months in prison and three years of supervised release, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney Cody Hiland of the Eastern District of Arkansas, and Special Agent in charge Diane Upchurch of the FBI Little Rock Field Office.
“This defendant abused her power as Captain and attempted to cover up the assault of young inmates under her care and custody,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will continue to aggressively enforce our nation’s laws and hold officers who break the law and mistreat inmates accountable.”
“As former Captain of the facility, this defendant was in a position of trust. Her behavior towards these children violated that trust, and the sentence shows these actions will not go unpunished,” said U.S. Attorney for the Eastern District of Arkansas Cody Hiland.
“We are morally, constitutionally, and legally obligated to treat juvenile inmates humanely. The sentencing reflects our commitment to investigate the mistreatment of inmates by the people in charge of them,” stated Special Agent in Charge Diane Upchurch with the Little Rock FBI Field Office. “We appreciate the efforts of our partners at the Justice Department’s Civil Rights Division and the United States Attorney’s Office for the Eastern District of Arkansas and the FBI.”
On April 26, 2017, Kendrick pleaded guilty in federal court to conspiring to assault juvenile inmates at the White River facility. According to the plea documents, Kendrick assaulted and physically punished juvenile detainees who posed no threat, including by spraying them in the face with pepper spray. In some instances, she then shut the compliant juveniles in their cells after pepper spraying them to “let them cook,” or continue suffering the effects of the pepper spray, rather than immediately decontaminating them. Kendrick also encouraged other juvenile detention officers to unjustifiably assault juveniles and to falsify their incident reports to cover up the assaults.
Kendrick also pleaded guilty to assaulting a 16-year-old girl by pepper spraying her in the face for failing to follow directions. At the time, the girl, who was in the detention center as part of the “Families in Need of Service” program and had not been charged with any crime, was standing in the back corner of her cell with her arms folded, and not posing a physical threat to anyone or physically resisting in any way. Kendrick covered up the assault by writing an incident report falsely claiming that the girl had clenched her fist and stepped toward Kendrick in an aggressive manner.
Kendrick was sentenced yesterday by United States District Court Judge James M. Moody Jr. On March 14, Judge Moody sentenced Dennis Fuller, 41, who served as Kendrick’s lieutenant, to 36 months in prison for his role in the conspiracy.
This case was investigated by the FBI’s Little Rock Division. Trial Attorneys Samantha Trepel and Michael J. Songer of the Justice Department’s Civil Rights Division, and Assistant United States Attorneys Julie Peters and Pat Harris of the U.S. Attorney’s Office for the Eastern District of Arkansas prosecuted the case.