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18 April 2019
Federal Law Enforcement Official Sentenced to More than 12 Years in Prison for Large-Scale Interstate Narcotics Trafficking OperationRead the Press Release
LOS ANGELES – A 25-year veteran officer of U.S. Customs and Border Protection (CBP) who worked at Los Angeles International Airport was sentenced today to 151 months in federal prison for helping to move hundreds of kilograms of cocaine, heroin and marijuana from Southern California to Chicago as part of a narcotics distribution ring.
Manuel Porras Salas, 52, of Fontana, who is on indefinite suspension from the agency, was sentenced today by United States District Judge Cormac J. Carney, who said Salas “let his agency down and let his country down.”
Sayda Powery Orellana, 50, also of Fontana, who was Salas’ wife during the time of the narcotics trafficking conspiracy, also was sentenced to 151 months in federal prison for her role in the drug distribution ring.
After a five-day trial in December, a federal jury found Salas and Orellana guilty of one count of conspiracy to distribute controlled substances, one count of conspiracy to commit money laundering, and one count of making false statements to law enforcement. The jury also found Orellana guilty of four additional money laundering counts.
According to the evidence presented at trial, Salas, who previously worked as a CBP officer at John Wayne and Ontario International airports, and Orellana obtained kilogram quantities of narcotics and provided them to a commercial truck driver who delivered the narcotics from California to Illinois. The defendants also laundered the hundreds of thousands of dollars they received in compensation by using bank accounts in the names of Orellana and others.
“This federal law enforcement officer and his then-wife were involved in the distribution of narcotics worth millions of dollars,” said United States Attorney Nick Hanna. “They participated in a sophisticated trafficking operation that sent many pounds of dangerous and addictive drugs to the Midwest. While the narcotics distribution was not directly related to Officer Salas’ position with the government, we cannot tolerate any law enforcement official playing a role in illegal activity that threatens the well-being of American citizens.”
“U.S. Customs and Border Protection stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees perform their duties with honor and distinction every day to keep our country safe,” said Denise R. Mar, Special Agent in Charge of CBP’s Office of Professional Responsibility in Los Angeles. “Today’s lengthy sentence will serve notice to all government employees that integrity and public trust in our agency will be held to the highest standard. We will continue our efforts with our law enforcement partners to investigate CBP employees involved in criminal activity.”
“Today’s sentence reflects DEA’s commitment to not only destroying drug trafficking organizations, but also to rooting out police corruption,” said David J. Downing, Special Agent in Charge of the Drug Enforcement Administration, Los Angeles Field Office. “This sentence is indicative of the hard work by our federal law enforcement partners, as well as our financial investigations group’s dedicated agents.”
“As today’s sentence reflects, this case involves serious criminal conduct – the distribution of millions of dollars of narcotics and the deposit of hundreds of thousands of dollars in cash to accounts associated with Salas and Orellana,” said Ryan L. Korner, Special Agent in Charge of IRS Criminal Investigation’s Los Angeles Field Office. “Mr. Salas violated the trust placed in him by the U.S. Customs and Border Protection and the people of this country, for his own and his former wife’s personal financial gain.”
The conspiracy began to unravel on March 11, 2012, when a commercial truck driver was stopped in Gallup, New Mexico with approximately 260 kilograms of narcotics – including heroin, cocaine, and marijuana – that was valued at approximately $1.5 million. The commercial truck driver told law enforcement that he had worked with Salas and Orellana transporting narcotics to Chicago on multiple occasions, and that he would receive the drug sales proceeds and deposit them into various bank accounts at Salas and Orellana’s direction. The driver later pleaded guilty to possession with intent to distribute controlled substances. The driver’s telephone, telephone records, and banking records tied Salas to the narcotics distribution activities and money laundering. Salas and Orellana lied to law enforcement that they didn’t know the commercial truck driver and that the money deposited into Orellana’s bank account was intended for someone else.
This matter was investigated by U.S. Customs and Border Protection’s Office of Professional Responsibility, the Drug Enforcement Administration and IRS Criminal Investigation.
This case is being prosecuted by Assistant United States Attorneys Joseph T. McNally of the Violent and Organized Crime Section and Aron Ketchel of the Public Corruption and Civil Rights Section.
Eastern District of Pennsylvania Reaches Settlement Agreement with Thomas Jefferson University Hospitals Outpatient Facilities to Provide Equal AccessRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Thomas Jefferson University Hospitals, Inc., and Outpatient Imaging Affiliates, LLC, collectively the owners and operators of Jefferson Outpatient Imaging and Radiology (“Jefferson Outpatient”), have entered into a settlement agreement with the United States to resolve allegations that Jefferson Outpatient violated the Americans with Disabilities Act (ADA) by denying full and equal access to Jefferson Outpatient services based on an individual’s disability and use of a wheelchair.
Under the ADA, facilities like Jefferson Outpatient, as a place of public accommodation, must provide outpatient and radiology services to members of the general public. This settlement arises out of an investigation into whether Jefferson Outpatient failed to provide access to dual energy x-ray absorptiometry (DEXA) bone density scans to individuals with disabilities at its facilities in the greater Philadelphia area, which is in violation of the ADA.
“This investigation and resolution illustrate that individuals with disabilities still face discrimination and obstacles when they seek access to healthcare,” said U.S. Attorney McSwain. “All individuals should have equal access to these services and the protections that the ADA affords to them.” U.S. Attorney McSwain added that “Jefferson Outpatient cooperated with the investigation, recognized the importance of providing access to all, and acted swiftly to put compliance measures in place once the issue was brought to their attention.”
To resolve the matter, Jefferson Outpatient has agreed to comply with its obligations under the ADA, pay compensatory damages to the complainant, and within 30 days, will adopt and incorporate a Non-Discrimination Policy into its existing policies and post it in conspicuous locations in all of its offices. Jefferson Outpatient will also post and maintain a hyperlink to the Non-Discrimination Policy on the home page of its website. In addition, Jefferson Outpatient will train all staff who interact with patients on the requirements of the ADA as they apply to healthcare facilities and on techniques for safely assisting individuals with mobility disabilities to transfer to imaging equipment or examination tables. Further, Jefferson Outpatient will incorporate the above training into its new employee orientation for all future employees who will have contact with patients.
The U.S. Attorney’s Office for the Eastern District of Pennsylvania is committed to investigating alleged violations of the ADA. Those interested in learning more about obligations under the ADA may access www.ada.gov, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.
Assistant U.S. Attorney Deborah W. Frey handled the matter in conjunction with Alyse Bass, Senior Trial Attorney, at the Department of Justice’s Civil Rights Division.
Dominican National Sentenced for Distributing HeroinRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Springfield for dealing heroin.
Hansel Ramon Rodriguez Ramirez, 38, a Dominican national formerly residing in Springfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and will be subject to deportation proceedings upon completion of his sentence. In January 2019, Rodriguez Ramirez pleaded guilty to one count of distribution of heroin and fentanyl and one count of possession with intent to distribute heroin.
On Feb. 9, 2018, Rodriguez Ramirez sold approximately 100 grams of a mixture of heroin and fentanyl to an individual working with law enforcement for $5,900. On Feb. 14, 2018, Rodriguez Ramirez agreed to sell an additional 200 grams of heroin to the same individual, but law enforcement officials intercepted him before he could do so. At that time, agents found him to be in possession of 200 grams of heroin. Agents subsequently executed a search warrant at Rodriguez Ramirez’s residence, where they found additional heroin and evidence of a heroin mill.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; Holyoke Police Chief Manny Febo; and Chicopee Police Chief William Jebb made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
Director of Perry County Family Center Charged with EmbezzlementRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shelly A. Dreyer-Aurila, age 53, of New Bloomfield, Pennsylvania, was indicted on April 17, 2019, by a federal grand jury for embezzlement of funds involving federal programs.
According to United States Attorney David J. Freed, the indictment alleges that between 2010 and 2017, Dreyer-Aurila, Executive Director of the Perry County Family Center, a 501(c)(3) charitable organization in New Bloomfield, Pennsylvania, knowingly embezzled and converted to her own personal use more than $220,000 under the care and control of the Center. The Center annually receives more than $10,000 in federal grants from the U.S. Department of Health and Human Services through the Pennsylvania Department of Health and Human Services to fund programs such as its Maternal, Infant & Early Childhood Home Visiting program and its Child Abuse Prevention program.
The case was investigated by the Pennsylvania Department of State, Bureau of Enforcement and Investigation, Charitable Investigation Unit. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Defendant with Lengthy Criminal Record in Dougherty County Sentenced to 135 Months on Federal Drug, Gun ChargesRead the Press Release
ALBANY, GA – A defendant with four prior criminal convictions in Dougherty County was sentenced today on federal gun and drug charges, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Gordon Price, Jr., 35, of Albany, GA, was sentenced to 135 months for Possession of a Firearm by a Convicted Felon and Possession of Cocaine with the Intent to Distribute by the Honorable Leslie Gardner in Albany federal court. Prior to his federal conviction, Mr. Price was convicted in Dougherty Superior Court for Possession of Marijuana with Intent to Distribute (case number 01-R-298), Possession of Cocaine (01-R-440), Possession of Cocaine with Intent to Distribute (08-R-561) and Possession of Cocaine (12-R-720), all felony offenses. There is no parole in the federal system.
According to the plea agreement, officers with the Albany-Dougherty Drug Unit (ADDU) executed a search warrant at a room Mr. Price, Jr. was renting at the Townhouse Motel on February 24, 2017. The search was based on three controlled purchases of crack cocaine at that location by a confidential informant who identified the seller as the Defendant. As officers approached the motel, Mr. Price, Jr. was seen exiting the motel room. He was immediately taken into custody based on a parole violation warrant. The defendant had approximately $1127 in cash, and inside his room officers found crack cocaine, cocaine and marijuana, two digital scales, a box of plastic sandwich bags, and a loaded Glock 9 mm handgun.
“Our Office is working closely with law enforcement to capture and prosecute repeat felons that do nothing but bring ruin to families and neighborhoods,” said Charles “Charlie” Peeler, U.S. Attorney for the Middle District of Georgia. “I want to thank the agents with the Albany-Dougherty Drug Unit and the Dougherty District Attorney’s Office for their good work investigating this case and getting a career criminal off the streets.”
“The defendant is a known criminal in our community and has been creating havoc for years. He has shown no respect for our city and the laws that protect our citizens. Mr. Price, Jr. is hard core, and has to be dealt with in a hard core manner with prison time. I hope this strong sentence will deter others from trying to emulate his criminal choices,” said Greg Edwards, the District Attorney for the Dougherty Judicial Circuit.
The defendant’s arrest and prosecution is a result of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Albany-Dougherty Drug Unit. Assistant U.S. Attorney Alan Dasher prosecuted the case for the United States.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Cuban and Venezuelan Men Sentenced for Aggravated Identity Theft and Access Device FraudRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that United States District Judge James C. Dever III sentenced DIEGO AROSTEGUI, JR, 23, of Cuba and WALTER CORREA-CISNEROS, 32, of Venezuelan to 33 months imprisonment, followed by 3 years of supervised release and ordered them to pay $19,966.00 in restitution.
AROSTEGUI was named in a two-count Criminal Information filed on October 10, 2018. CORREA-CISNEROS was named in a two-count Criminal Information filed on October 23, 2018. Both men pled guilty to one-count of Access Device Fraud and Aiding and Abetting and one-count of Aggravated Identity Fraud and Aiding and Abetting. AROSTEGUI was sentenced on April 17, 2019 and CORREA-CISNEROS was sentenced on April 2, 2019.
In March 2018, the Wilmington Police Department (WPD) was alerted by investigators with the State Employees’ Credit Union (SECU) fraud division of ongoing fraudulent debit/credit card withdrawals being made from member accounts at various automated teller machines (ATMs) in the Wilmington area. On March 5, 2018, the United States Secret Service (USSS) was notified by the SECU and the WPD that three individuals were attempting to illegally withdraw money from an SECU ATM located on Wrightsville Avenue in Wilmington. Officers responded to that location and conducted a traffic stop of a vehicle being driven by CORREA-CISNEROS. AROSTEGUI and another person were passengers in the car. A search of the vehicle revealed approximately $9,319 in United States currency, numerous debit/credit cards, computers, digital storage media, and two debit/credit card readers/encoders.
Investigators with the SECU’s fraud unit and the USSS determined that the fraudulent debit/credit cards were used at multiple ATM locations in the Wilmington area over a period of several days. Further, the SECU’s fraud unit confirmed that an illegal debit/credit card skimming device had been placed on a SECU ATM in Leland, North Carolina. A forensic search of the seized laptop computers and cell phones revealed 566 individual card numbers which were issued by 71 different financial institutions, including 7 card numbers which were issued by financial institution in Mexico and 1 from India. The intended loss was calculated at $283,000.
On July 3, 2018, investigators received credible information identifying co-conspirators based in Venezuela and the Miami, Florida, area who were involved in the scheme to commit access device fraud. The conspirators downloaded credit card data from Bluetooth debit/credit card skimming devices which were secretly installed in Tritan ATMs. After obtaining the debit/credit card and personal identification numbers (PIN) from the debit/credit card skimming devices, the coconspirators used a credit card reader/writer to reencode counterfeit debit/credit cards. In March 2018, CORREA-CISNEROS and AROSTEGUI used the fraudulent debit/credit cards at ATMs in the Wilmington area to withdraw funds from multiple victims’ accounts. The investigation revealed that the conspirators were traveling to various states, including Georgia, California, and Florida, to install debit/credit card skimming devices. It is estimated that the group made $250,000 monthly as a result of the fraudulent scheme. CORREA-CISNEROS and AROSTEGUI and other coconspirators travelled to the Concord Mills Mall in Concord, North Carolina, in December 2017. Two unidentified individuals utilized a computer to install a “virus” on an ATM and CORREA-CISNEROS and AROSTEGUI stood at the ATM and collected approximately $32,000 in United States currency that was dispensed.
Additionally, investigators learned that in March 2018, CORREA-CISNEROS, AROSTEGUI spent four or five days in the Wilmington area placing pin-hole camera skimming devices on ATMs and collecting account numbers. Those numbers were then encoded onto magnetic stripe cards and used to fraudulently withdraw funds from ATMs. CORREA-CISNEROS and AROSTEGUI also travelled to the Wilmington area two to three weeks earlier in order to recover debit/credit card skimming devices and computers which were left in a suitcase in a storage unit by another coconspirator. In December 2017, CORREA-CISNEROS and AROSTEGUI, and others travelled to Charlotte and used debit/credit card skimming devices and pin-hole cameras to collect account numbers which were then encoded onto magnetic stripe cards with those numbers and used to fraudulently withdraw funds from ATMs. During the “cash-out” scheme at the Concord Mills Mall, CORREA-CISNEROS and AROSTEGUI took turns collecting an estimated $32,000 in United States currency which was dispensed by the ATM.
Based upon the investigation, CORREA-CISNEROS and AROSTEGUI are accountable for committing access device fraud and identity theft from 2017 to March 5, 2018. The offense involved 10 or more victims and the intended loss of the offense is $315,000. Additionally, the offense involved the possession or use of device-making equipment.
Investigation of this case was conducted by the United States Secret Service, and Wilmington Police Department. Assistant United States Attorney Ethan Ontjes represented the government.
Cousins Convicted of Armed Robbery Sentenced to PrisonRead the Press Release
RICHMOND, Va. – Two cousins were sentenced today to a combined 24 years in prison for their roles in an armed bank robbery and brandishing a firearm in furtherance of a crime of violence.
According to court records and evidence presented at trial, John Campbell, 45, of Richmond, and Alhakka Campbell, 45 of Knightdale, North Carolina, stormed into a Wells Fargo Bank in Henrico shortly after the bank opened in November 2017. While John Campbell threatened employees with a firearm, Alhakka Campbell vaulted the teller counter, removing approximately $5,197 in cash from teller drawers and stuffing it into a black bag. The cousins then fled the bank in a stolen pickup truck that they later abandoned. When Alhakka Campbell removed the cash, he unknowingly grabbed two GPS tracking devices, which broadcast the location of the stolen currency to law enforcement. Law enforcement immediately responded to the location of the GPS trackers, leading to the arrest of both men, and the recovery of the firearm used by John Campbell during the robbery.
John Campbell was sentenced to 13 years in prison for armed robbery and being a felon in possession of a firearm. Alhakka Campbell was sentenced to more than 11 years in prison for armed robbery.
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, David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, and Humberto I. Cardounel, Jr., Chief of Henrico County Police Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Michael Gill prosecuted the case.
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 No. 3:18-cr-124.
Convicted Felon Who Stole Four Firearms from Elizabeth City Resident Sentenced to 6 Years in Federal PrisonRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces today that Chief United States District Judge Terrence W. Boyle sentenced EARL WALLACE JEFFERS, III, 28, of Elizabeth City to 72 months’ imprisonment, followed by 3 years of supervised released
On January 17, 2019, JEFFERS pled guilty to possession of firearms by a convicted felon and possession of stolen firearms.
On January 30, 2018, an Elizabeth City resident reported to the Elizabeth City Police Department (ECPD) that a breaking and entering had occurred at his home with several items missing, including four firearms. The next day on January 31, 2018, another Elizabeth City resident contacted ECPD regarding three firearms he purchased from JEFFERS to inquire if they had been stolen. Police confirmed that the three firearms were those stolen from the homeowner the day before. The fourth firearm was never recovered. Surveillance footage from a nearby business captures JEFFERS in the vicinity of the residence before, during, and after the breaking and entering. JEFFERS is a convicted felon and was therefore prohibited from possessing firearms.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Elizabeth City Police Department.
Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Concord Man Convicted of Drug Trafficking ChargesRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that a federal jury found Bernard Lindsay, 41, of Concord, New Hampshire, guilty of possession with intent to distribute cocaine, fentanyl, and methamphetamine. The verdict was returned on Wednesday, April 17, 2019.
According to trial exhibits and witness testimony during the two-day jury trial, on April 16, 2018, the New Hampshire Department of Corrections, Office of Probation and Parole, conducted a home visit at the defendant’s residence in Concord, New Hampshire. In the home, officers found a box containing over 16 grams of methamphetamine, over 23 grams of fentanyl, and over 34 grams of cocaine.
Lindsay is scheduled to be sentenced on August 6, 2019.
“New Hampshire continues to suffer from the effects of drug trafficking” said U.S. Attorney Murray. “Fentanyl has caused grave damage to our community, cocaine is an ongoing health concern, and methamphetamine is a dangerous drug that is appearing with increasing frequency. I am grateful for the efforts of the law enforcement officers whose work led to this conviction and thank the jury for its service.”
This matter was investigated by the New Hampshire Department of Corrections, Office of Probation and Parole, the Concord Police Department, and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorneys Cam T. Le and Georgiana L. Konesky.
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Columbian Citizen Sentenced to Federal Prison for Participating in Fraud that Scammed Iowa VictimRead the Press Release
A woman who participated in a scheme to defraud victims across the country, including Iowa, out of more than $450,000 was sentenced today to more than a year in federal prison.
Karina Henao, age 36, a Colombia citizen living in Florida, received the prison term after a November 5, 2018, guilty plea to wire fraud.
In a plea agreement, Henao admitted that from September through November 2017, she participated in a scheme to defraud businesses and individuals across the country. Henao admitted she controlled multiple bank accounts and that other participates of the scheme lied to businesses and individuals to get the victims to transfer money to Henao’s bank accounts. Henao also admitted she then wired some of the money to bank accounts in Hong Kong, China, and Taiwan. In total, more than $450,000 in fraudulent money was wired into Henao’s bank accounts, though some of the money was recovered by authorities. Henao personally withdrew over $27,000 of the money during the time she participated in the scheme.
Henao was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Henao was sentenced to 13 months’ imprisonment. She was ordered to make $297,099.72 in restitution the victims of the scheme. She must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Henao was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-3033.
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Colorado Man Sentenced to 15 Years for Illegal Firearm, MarijuanaRead the Press Release
KANSAS CITY, Mo. – A Conifer, Colo., man was sentenced in federal court today for illegally possessing a firearm and marijuana.
Curtis David Barker, 54, was sentenced by U.S. District Judge Roseann Ketchmark to 15 in federal prison without parole.
On Sept. 19, 2018, Barker pleaded guilty to being a felon in possession of a firearm, possessing marijuana and cocaine with the intent to distribute, and possessing a firearm in connection with a drug-trafficking crime.
On Jan. 31, 2016, a Missouri State Highway Patrol trooper pulled over Barker, who was driving a 2012 Dodge Ram truck, for speeding on Interstate 29. The trooper smelled marijuana and Barker admitted he had a small amount of marijuana, which a female passenger handed to the trooper. As Barker was being arrested and searched, the trooper found a loaded Cobray Firearms double-barrel derringer pistol and a plastic baggie that contained cocaine in the front pocket of Barker’s hoodie, as well as $4,100 in the pocket of his leather vest.
After being placed under arrest, handcuffed, and seated in the passenger seat of the trooper’s vehicle, Barker said, “Oh well, it is all over now.”
Troopers searched Barker’s vehicle and found an extra-large camouflage duffle bag in the back passenger seat. The duffle bag contained several vacuum-sealed packages of marijuana; the duffle bag weighed about 40 pounds. A trooper unlocked the cover of the bed of the truck and found several trash bags. Inside the trash bags there were more vacuum-sealed packages of marijuana that weighed about 70 pounds. The total weight of marijuana found in the truck was approximately 44.257 kilograms.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Barker has a prior felony conviction for carrying a concealed weapon in Florida; two prior felony convictions for breaking and entering and a conviction for manufacturing marijuana in North Carolina; and five prior felony convictions for burglary, four prior felony convictions for grand larceny, and prior felony convictions for failing to stop for an officer, receiving stolen goods, breaking and entering, possession with intent to distribute marijuana, and possession of a pistol by a violent crime offender in South Carolina.
This case was prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Missouri State Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Colorado Doctor Convicted of Health Care FraudRead the Press Release
DENVER – John Van Wu, age 49, of Golden, was found guilty of mail fraud and obstruction of justice charges following a one week trial before U.S. District Court Judge R. Brooke Jackson announced U.S. Attorney Jason Dunn. Wu is being held in custody and is pending a trial on additional counts of distributing oxycodone outside the usual course of medical practice and obstruction.
According to court records and argument at trial, Wu operated a medical clinic at locations in west Denver between January 2011 and March 2015. During that time period the defendant devised a scheme in which he billed employee benefit programs and insurers for services that were never actually rendered and not medically necessary. He also responded to a grand jury subpoena asking for patient files. During the trial over a dozen of the doctor’s former patients testified that they did not have many of the ailments described in those files and did not get the expensive procedures billed to insurance. For example, the patient files described days-long nosebleeds followed by nasal cauterization procedures, but patients testified that neither happened. Other files described diagnoses related to migraine headaches and frequent administrations of injections to treat those agents. Patients testified that those, too, did not occur. Testimony at trial also established that the defendant billed approximately 95% of his office visits as the longest, most expensive, and highest-reimbursing type of office visit, despite the fact that his patients had relatively simple and routine ailments that did not need that level of service. During his testimony, the defendant admitted that he shredded patient files while the investigation was ongoing.
The defendant is separately charged with distributing oxycodone outside the usual course of medical practice and for no legitimate reason and for falsifying patient charts related to those prescriptions. According to the allegations in the indictment, the defendant sold oxycodone prescriptions for cash. Trial on those counts is scheduled to begin on July 8, 2019.
“Our healthcare system can’t function properly unless doctors act with honesty and integrity,” said U.S. Attorney Jason Dunn. “When a doctor violates that trust and breaks the law, we will pursue them vigorously. This jury victory is important, and the next trial regarding opioids allegedly wrongfully prescribed by this doctor is equally important.”
“This trial focused on patient identities being used to bill insurance for procedures not performed and obstruction of justice,” said DEA Denver Division Special Agent in Charge Tim McDermott. “A separate trial is scheduled related to the alleged distribution of Oxycodone. DEA and its partners are committed to doing all we can to end this opioid crisis.”
“Healthcare fraud victimizes the individuals involved and the community at-large,” said U.S. Department of Labor Employee Benefits Security Administration Regional Director Jim Purcell, in Kansas City. “The Department of Labor remains committed to ensuring that health benefits are not abused and anyone found guilty of committing fraud will be held accountable.”
This is part of an on-going joint investigation by the U.S. Department of Labor Employee Benefits Security Administration, Drug Enforcement Administration, Broomfield Police Department, Federal Bureau of Investigation, and Internal Revenue Service.
The defendant is being prosecuted by Assistant United States Attorneys Bryan D. Fields and Conor Flanigan.
The defendant is presumed innocent on the remaining counts unless and until proven guilty in a court of law.
Child Predator Used Facebook, Moved from Michigan to Hurricane and Bought Home in Efforts to Induce MinorRead the Press Release
ST. GEORGE, UT – Sean Timothy O’Neill, age 49, of Hurricane, pleaded guilty to attempted enticement of a minor and possession of child pornography in federal court in St. George, Utah, Wednesday afternoon. O’Neill admitted he attempted to persuade or induce a minor under 18 years of age to engage in sexual activity.
As a part of an agreement reached with federal prosecutors, O’Neill admitted that from around April 26, 2015, to about October 2017, he used Facebook to attempt to persuade or entice a minor identified as Girl 1 to engage in sexual activity. He admitted that throughout the enticement period, he believed Girl 1 was less than 18 years of age.
O’Neill admitted taking four substantial steps toward committing the crime, including moving from Michigan to Hurricane, buying a home in Hurricane, once in Utah continuing to use Facebook to persuade the minor to engage in sexual activity, and bringing the minor to his home in Hurricane. According to the document filed in court, O’Neill admitted that if the sexual activity with the minor had occurred, he would have committed the criminal offense of Unlawful Sexual Conduct with a 16 or 17 year old under Utah law.
O’Neill also admitted that he possessed an electronic device that contained more than 90 explicit images and three video segments of prepubescent children. The images and videos also depicted the sexual abuse of children.
The plea agreement includes a stipulated sentence of 120 months in prison and at least 60 months of supervised release when he finishes his prison sentence. There is no parole in the federal criminal system. The plea agreement also includes a provision that O’Neill must register as a sex offender for his residence, the location of his employment, and, if he is a student, the location of his school. He must update his registrations no later than three business days after any change of name, residence, employment, or student status.
U.S. District Judge David Nuffer, who presided at the change of plea hearing Wednesday, set sentencing for Aug. 20, 2019, at 9 a.m.
O’Neill was initially arrested on state charges in January 2018. A federal arrest warrant was issued in February 2018.
Assistant U.S. Attorneys in Utah are prosecuting the case. Special agents of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and officers from the Hurricane Police Department are investigating the case.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 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and DOJ’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.
Cherry Creek Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man convicted of Sexual Abuse was sentenced on April 15, 2019, by U.S. District Judge Roberto A. Lange.
Keeler Condon, age 33, was sentenced to 87 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.
Condon was indicted by a federal grand jury on July 17, 2018. He pled guilty on January 23, 2019.
The conviction stemmed from an incident on May 25, 2018, when Condon had sexual intercourse with a female who was not able to consent to the sexual act because of her high level of intoxication.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Condon was immediately turned over to the custody of the U.S. Marshals Service.
Canadian Man Sentenced to Life in Prison for Committing Act of Terrorism Transcending National Boundaries and Other OffensesRead the Press Release
Amor M. Ftouhi, 51, of Quebec, Canada, was sentenced today by U.S. District Judge Matthew F. Leitman to life in prison for committing an act of terrorism transcending national boundaries and two other offenses in conjunction with his attack on a Bishop Airport police officer on June 21, 2017. Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew Schneider for the Eastern District of Michigan and Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Field Office made the announcement.
“Ftouhi came to the United States to kill American police officers, and then brutally attacked an airport police officer in Flint,” said Assistant Attorney General Demers. “The National Security Division is committed to doing all that it can to protect our women and men in uniform from terrorist violence on our soil, and this sentence is a gratifying reflection of the seriousness of the defendant’s conduct. I want to thank the prosecutors and law enforcement partners who made this result possible.”
“The evidence at trial demonstrated that Ftouhi had a ‘mission’ to kill as many American law enforcement as possible in an act of violent jihad,” stated U.S. Attorney Schneider. “The sentence today reflects his extreme dangerousness and the need to prevent him from further acts of violence in the future. Today’s sentence is the result of the hard work of those who investigated and prosecuted the case, including our foreign partners in the Royal Canadian Mounted Police.”
“The FBI's highest priority remains preventing and combating terrorism here in the U.S. and around the world,” said Special Agent in Charge Slater. “Today's sentencing marks the end of an almost-two year effort - on behalf of the FBI, our partner agencies on the FBI Detroit Joint Terrorism Task Force, and our foreign partners in the Royal Canadian Mounted Police - to hold Mr. Ftouhi accountable for his attempt to kill a police officer in an act of terror. I would like to thank all of our state, federal and international partners for their essential contributions to this case and to acknowledge again the heroic actions of the civilians and law enforcement officers who were present on the day of the attack and likely saved the officer’s life.”
Ftouhi was convicted by a federal jury on Nov. 13, 2018. According to evidence presented at trial, Ftouhi entered the United States from Canada on a professed “mission” for the purpose of killing American police officers in the United States. Before entering the United States on June 16, 2017, while in Canada, Ftouhi conducted online research of American gun laws and for gun shows in Michigan. Ftouhi subsequently traveled to Michigan where he was unsuccessful in repeated attempts to purchase a gun and purchased a knife instead. On June 20, 2017, Ftouhi approached the victim, who is a lieutenant with the Flint Bishop Airport police and was in full uniform, and stabbed the police officer in the neck twice with a knife. Ftouhi referenced killings in Syria, Iraq, and Afghanistan, and yelled “Allahu Akbar.” After his arrest, Ftouhi told law enforcement that he was a “soldier of Allah,” subscribed to the ideology of Al Qaeda and Usama bin Laden and that his plan had been to kill the victim, steal his gun and kill other police officers in the airport. The police officer sustained life-threatening injuries, but survived the attack.
The investigation was conducted by the Detroit Joint Terrorism Task Force, which is led by the FBI with the assistance of the FBI Flint Resident Agency, the Michigan State Police and the Royal Canadian Mounted Police. Additional assistance was provided by the Flint Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Genesee County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorneys Jules DePorre, Cathleen M. Corken, and Craig Wininger of the U.S. Attorney’s Office for the Eastern District of Michigan with the assistance of the Counterterrorism Section of the National Security Division of the Department of Justice.
Canadian Man Sentenced to Life for Committing Act of Terrorism Transcending National Boundaries and Other OffensesRead the Press Release
FLINT – Amor M. Ftouhi, 51, of Quebec, Canada, was sentenced today by U.S. District Judge Matthew F. Leitman to life in prison for committing an act of terrorism transcending national boundaries and two other offenses in conjunction with his attack on a Bishop Airport police officer on June 21, 2017.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew Schneider for the Eastern District of Michigan and Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Field Office made the announcement.
“Ftouhi came to the United States to kill American police officers, and then brutally attacked an airport police officer in Flint,” said Assistant Attorney General Demers. “The National Security Division is committed to doing all that it can to protect our women and men in uniform from terrorist violence on our soil, and this sentence is a gratifying reflection of the seriousness of the defendant’s conduct. I want to thank the prosecutors and law enforcement partners who made this result possible.”
“The evidence at trial demonstrated that Ftouhi had a ‘mission’ to kill as many American law enforcement as possible in an act of violent jihad,” stated U.S. Attorney Schneider. “The sentence today reflects his extreme dangerousness and the need to prevent him from further acts of violence in the future. Today’s sentence is the result of the hard work of those who investigated and prosecuted the case, including our foreign partners in the Royal Canadian Mounted Police.”
“The FBI’s highest priority remains preventing and combating terrorism here in the U.S. and around the world,” said SAC Slater. “Today’s sentencing marks the end of an almost-two year effort - on behalf of the FBI, our partner agencies on the FBI Detroit Joint Terrorism Task Force, and our foreign partners in the Royal Canadian Mounted Police - to hold Mr. Ftouhi accountable for his attempt to kill a police officer in an act of terror. I would like to thank all of our state, federal and international partners for their essential contributions to this case and to acknowledge again the heroic actions of the civilians and law enforcement officers who were present on the day of the attack and likely saved the officer’s life.”
Ftouhi was convicted by a federal jury on Nov. 13, 2018. According to evidence presented at trial, Ftouhi entered the United States from Canada on a professed “mission” for the purpose of killing American police officers in the United States. Before entering the United States on June 16, 2017, while in Canada, Ftouhi conducted online research of American gun laws and for gun shows in Michigan. Ftouhi subsequently traveled to Michigan where he was unsuccessful in repeated attempts to purchase a gun and purchased a knife instead. On June 20, 2017, Ftouhi approached the victim, who is a lieutenant with the Flint Bishop Airport police and was in full uniform, and stabbed the police officer in the neck twice with a knife. Ftouhi referenced killings in Syria, Iraq, and Afghanistan, and yelled “Allahu Akbar.” After his arrest, Ftouhi told law enforcement that he was a “soldier of Allah,” subscribed to the ideology of Al Qaeda and Usama bin Laden and that his plan had been to kill the victim, steal his gun and kill other police officers in the airport. The police officer sustained life-threatening injuries, but survived the attack.
The investigation was conducted by the Detroit Joint Terrorism Task Force, which is led by the FBI with the assistance of the FBI Flint Resident Agency, the Michigan State Police and the Royal Canadian Mounted Police. Additional assistance was provided by the Flint Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Genesee County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorneys Jules DePorre, Cathleen M. Corken, and Craig Wininger of the U.S. Attorney’s Office for the Eastern District of Michigan with the assistance of the Counterterrorism Section of the National Security Division of the Department of Justice.
California Man Sentenced to More than 9 Years in Prison for Mortgage Fraud and Identity Theft SchemeRead the Press Release
George French Jones, Jr., 50, of Santa Monica, California, was sentenced to 113 months in prison today by U.S. District Judge Robert N. Scola in Miami, after previously pleading guilty to mail fraud and identity theft charges in connection with a mortgage fraud scheme involving two waterfront residential properties in Broward County, Florida. He was also ordered to pay $1,824,581 in restitution.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI) made the announcement.
According to information disclosed in open court, in early 2018 Jones identified two residential properties in Fort Lauderdale, Florida, which Jones fraudulently pledged as collateral in order to obtain mortgage loans from a private lender.
The two Broward County properties were owned by corporate entities that Jones had no affiliation with and which were in fact owned by independent third parties. To execute his fraudulent loan scheme, Jones created fake identification documents and email addresses in order to impersonate officers of the corporate owners of the two properties. Jones then submitted bogus loan applications and other documents to a private lender in which he pretended to be the owners of the Fort Lauderdale properties. As a result of this scheme, Jones defrauded the private lender out of approximately $1.7 million dollars.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI, Miami Beach Police Department, and Florida Office of Financial Regulation. This case was prosecuted by Assistant U.S. Attorney Christopher Browne. Assistant U.S. Attorney Nalina Sombuntham is handling the asset forfeiture aspects of the prosecution.
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 at http://pacer.flsd.uscourts.gov.
Caldwell Man Sentenced for Federal Drug CrimesRead the Press Release
BOISE – Roberto Joe Miguel Serpa, 39, of Caldwell, was sentenced this week for his role in two federal drug crimes, announced U.S. Attorney Bart M. Davis. Serpa was sentenced on April 16, 2019 to 126 months in prison followed by five years of supervised release. Serpa was sentenced by U.S. District Judge B. Lynn Winmill.
On May 8, 2018, Serpa, and five others were indicted by a federal grand jury for conspiring to distribute methamphetamine, heroin, and fentanyl. Serpa was later charged with an additional count for possessing with the intent to distribute over fifty grams of pure methamphetamine, which carried a ten-year mandatory minimum sentence. On January 11, 2019, Serpa entered guilty pleas to both charges. The other five codefendants also pleaded guilty and were sentenced. Jose Luis Gonzales, 40, of Twin Falls, pleaded guilty to distributing over fifty grams of pure methamphetamine. He was sentenced on February 26, 2019 to ten years in prison followed by five years of supervised release. David Lee Martell, 47, of Nampa, pleaded guilty to possessing methamphetamine with the intent to distribute. Martell was sentenced on February 27, 2019 to 54 months in prison followed by three years of supervised release. Russell Anthony Antonucci, 50, of Boise, was sentenced on January 31, 2019 to 42 months in federal prison for conspiring to distribute methamphetamine. Daniel Allen Gonzales, 45, of Boise, was sentenced on April 16, 2019 to over 11 months and given credit for time served for using a telephone to facilitate a drug distribution offense. Edouard Gribkoff, 37, of Ontario, Oregon, was sentenced on April 10, 2019 to over 8 months in prison and given credit for time served for possessing heroin.
According to court records, the investigation began when investigators received authorization to intercept the communications of Serpa and others regarding drug distribution. Those intercepted communications showed that Serpa and others were conspiring to distribute methamphetamine, heroin, and fentanyl. Serpa was arrested in April 2018, after Gonzales sold Serpa approximately three ounces of methamphetamine, which Serpa intended to distribute to others. When Serpa was arrested, investigators found approximately 100 grams of methamphetamine, 47 grams of heroin, 12 grams of fentanyl, a digital scale, drug packaging materials, $1,951 in drug proceeds, and a Taurus 9mm pistol. During the investigation, law enforcement agents seized and forfeited over $5,000 in drug proceeds.
The case was investigated by the Drug Enforcement Administration and the Nampa Police Department.
The indictment is the result of a joint investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies. 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. Program participants include the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigation; and the U.S. Marshals Service.
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Burlington Woman Indicted for Mailing a Threatening CommunicationRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Suzanne Muscara, 37, of Burlington, Maine, was indicted yesterday for mailing a threatening communication to Senator Susan Collins.
According to court records, the charge arose from an investigation into a suspicious letter processed by the U.S. Postal Service mail sorting facility in Hampden, Maine, in October 2018. The letter was leaking a fine white powder and it contained a threat. The white powder was tested and found not to contain toxic substances.
If convicted, the defendant faces up to 10 years in prison and a $250,000 fine.
The investigation is being conducted by the FBI, the U.S. Postal Inspection Service, the Office of Maine State Fire Marshal, and the Maine State Police.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law beyond a reasonable doubt.
Burlington Man Pleads Guilty to Possessing Child PornographyRead the Press Release
BOSTON – A former civilian employee of the Hanscom Air Force Base pleaded guilty yesterday in federal court in Boston in connection with possessing thousands of files depicting child pornography, including a manual titled “How to Practice Child Love.”
William Gates, 41, of Burlington, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for July 17, 2019. In September 2018, Gates was arrested and subsequently released on conditions.
In November 2017, law enforcement in Boston received information from authorities in Australia about an investigation involving an online personal photo site, known for hosting child pornography. Australian investigators observed a user of the site posting photographs of, and comments regarding, an approximately six-year-old boy on a school bus, who the user identified as a child on a field trip that the user was chaperoning. Australian and U.S. authorities were able to trace the account activity to IP addresses assigned to Gates’s home in Burlington and to Hanscom Air Force Base, where Gates was a civilian employee at the time.
During an interview with law enforcement in early December 2017, Gates admitted that he used his iPhone to take some of the photographs while chaperoning a field trip to the zoo with his son’s elementary school. After Gates provided written consent, law enforcement conducted a preliminary exam of two of the defendant’s digital devices and allegedly located approximately 51 images of child pornography. A month later, on Jan. 8, 2018, agents executed a search warrant at Gates’s home, where they found more than 900 child pornography files. Gates was subsequently indicted by a Middlesex grand jury for possession of child pornography.
During the week of Aug. 27, 2018, further forensic analysis of one of Gates’ laptops revealed an encrypted volume, where approximately 5,000 images and 440 videos of child pornography were hidden, as well as a document titled, “How to Practice Child Love,” which purports to serve as a guide to teach adults how to have sex with children.
The charging statute provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Burlington Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Buffalo Man Pleads Guilty to Possession of Butyryl FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Myles Scales, 27, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on November 14, 2017, at approximately 6:04 p.m., two Buffalo Police Officers observed a blue 2013 Dodge Avenger parked in the vicinity of 1310 Broadway for a few minutes and then observed it leave. Approximately 20 minutes later, the officers observed the same vehicle parked again near 1310 Broadway, where it remained for a few minutes before departing again.
The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bundle. The bundle was actually a plastic bag containing nine bundles which contained 81 white and blue-checkered glassine envelopes of suspected controlled substances. Scales was arrested at the scene. Subsequent testing determined that the substance was butyryl fentanyl.The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for August 15, 2019, at 10:00 a.m. before Judge Geraci.
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Buffalo Man Pleads Guilty to Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Rogelio Mueses, 26, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute heroin, butyryl fentanyl, 4-fluoroisobutyryl fentanyl, and fentanyl. The charge carries a maximum of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January and May of 2018, the defendant conspired with another individual to distribute controlled substances. In particular, on six different dates, they sold controlled substances to an individual working with the Drug Enforcement Administration. Subsequent testing confirmed the presence of heroin, butyryl fentanyl, and 4-fluoroisobutyryl fentanyl, all of which are Schedule I controlled substances, and fentanyl, a Schedule II controlled substance.
Sentencing is scheduled before Judge Geraci for July 18, 2019, at 9:30 a.m.
Buffalo Man Pleads Guilty to Multple Counts of Sex TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Oliver Kimmons, 51, of Lockport, NY, pleaded guilty to five counts of sex trafficking before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Meghan A. Tokash, Douglas A.C. Penrose, and Joel L. Violanti, who are handling the case, stated that over the course of three years, the defendant solicited young, and coerced opiate-addicted women to have sex with paying customers in exchange for drugs. Kimmons drove the victims to Western New York farms, dairies, and Indian reservations where they engaged in sex acts with paying customers. The defendant collected the money from customers and then “paid” his victims in heroin. Kimmons also had sex with the victims in exchange for drugs.
The plea is the result of an investigation by the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; the Lockport Police Department, under the direction of Interim Chief Steven Preisch; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
Sentencing is scheduled for August 26, 2019, at 9:30 a.m. before Judge Vilardo.
Bridgeport Man Sentenced to Additional Prison Time for Violating Supervise ReleaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL DRZAL, 29, of Bridgeport, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to six months of imprisonment, followed by 10 years of supervised release, for violating the conditions of his supervised release.
According to court documents and statements made in court, on June 29, 2012, Judge Underhill sentenced Drzal to 18 months of imprisonment and 10 years of supervised release for receipt and distribution of child pornography. The investigation revealed that Drzal used a publicly available internet file-sharing program to receive and distribute child pornography. In June 2011, a search of Drzal’s computer, hard drives and e-mail account revealed 1,738 image files and 685 videos of child pornography.
Drzal was released from federal prison in December 2013.
On July 22, 2018, Milford Police arrested Drzal at the Connecticut Post Mall in Milford after he was caught using a mirror to look over the top of a bathroom stall while a young boy was in the adjacent stall. Mall security video showed that he was in the bathroom for approximately four hours.
On February 28, 2019, Drzal pleaded guilty in state court to one count of risk of injury to a minor. He is awaiting sentencing on the state charges.
The case was prosecuted by Assistant U.S. Attorney Neeraj Patel.
Bowie County Felon Sentenced for Federal Firearms ViolationsRead the Press Release
TEXARKANA, Texas – A 79-year-old Hooks, Texas, man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Robert D. Whittington, III, pleaded guilty on Oct. 4, 2018, to being a felon in possession of a firearm and felon in possession of ammunition and was sentenced to 18 months in federal prison today by U.S. District Judge Robert W. Schroeder, III.
According to information presented in court, on Mar. 7, 2018, federal agents executed a search warrant at Whittington’s residence on Avenue D in Hooks, Texas. During the search, officers discovered 119 firearms and over 19,000 rounds of ammunition. Whittington was convicted of terrorizing on Jan. 3, 2011 in Bossier Parish, LA, and as a convicted felon is prohibited from owning or possessing firearms or ammunition. Whittington was indicted by a federal grand jury in the Eastern District of Texas on May 16, 2018.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bossier Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jim Noble.
Boothville Man Pleads Guilty in Cocaine-Trafficking ConspiracyRead the Press Release
U.S. Attorney Peter G. Strasser announced that defendant JERRELL ENCALADE, age 35, of Boothville, LA, pleaded guilty today to one count of conspiring to traffic cocaine hydrochloride and cocaine base (“crack”), in violation of Title 21, United States Code, Section 841(a)(1), 841(b)(1)(B), and 846. ENCALADE is facing a mandatory minimum sentence of 5 years in prison, a maximum sentence of 40 years in prison, a possible fine up to $5,000,000, and a period of supervised release of at least four years.
U.S. District Judge Martin L.C. Feldman is scheduled to sentence ENCALADE on July 10, 2019.
U.S. Attorney Strasser praised the work of the Plaquemines Parish Sheriff’s Office (PPSO), Drug Enforcement Administration (DEA), Alcohol, Tobacco and Firearms (ATF), New Orleans Police Department (NOPD), Kenner Police Department (KPD), Customs and Border Protection (CBP), and Houston Police Department (HPD) in their investigation of this case. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
Bend Police Department Featured in Justice Department Report on Improving Safety and Wellness of Law EnforcementRead the Press Release
WASHINGTON – On April 17, 2019, the Department of Justice released two complementary reports focusing on the mental health and safety of the nation’s federal, state, local and tribal police officers. The Bend Police Department in Bend, Oregon was featured in the report as one of eleven law enforcement agencies demonstrating a range of innovative approaches to safeguarding the mental health of both sworn and nonsworn employees.
The reports, Law Enforcement Mental Health and Wellness Act: Report to Congress and Law Enforcement Mental Health and Wellness Programs: Eleven Case Studies, were published by the Office of Community Oriented Policing Services (COPS Office) as required by the Law Enforcement Mental Health and Wellness Act (LEMHWA) of 2017.
The LEMHWA passed both chambers unanimously and without amendment and was signed by the President shortly thereafter. These actions show that its purpose and intended effects are uncontroversial among policymakers – law enforcement agencies need and deserve support in their ongoing efforts to protect the mental health and well-being of their employees. Congress took the important step in improving the delivery of and access to mental health and wellness services that will help our nation’s more than 800,000 federal, state, local, and tribal law enforcement officers.
“Serving as a law enforcement officer requires courage, strength, and dedication,” Attorney General William P. Barr said. “The demands of this work, day in and day out, can take a toll on the health and well-being of our officers, but the Department of Justice is committed to doing our part to help. I want to thank the men and women of our COPS office for their hard work to support our officers every day, and specifically for these thoughtful and insightful reports, which detail both the challenges facing our officers and some specific ways we can give them the support that they deserve.”
“We are incredibly proud of everyone at the Bend Police Department for the innovative steps taken to protect the mental health of all employees. Not only does this protect officer and staff wellbeing, but it also bolsters public safety. I am grateful to Chief of Police Jim Porter for his leadership and commitment to supporting the men and women under his command.” said Billy J. Williams, U.S. Attorney for the District of Oregon. “I hope that Bend PD’s example will mark the beginning of a new era in policing where protecting the mental health of officers and staff is universally viewed as an essential element of effective law enforcement.”
“A damaging national narrative has emerged in which law enforcement officers – whether federal, state, local, or tribal – are seen not as protectors of communities but as oppressors,” said COPS Office Director Phil Keith. “In this environment, where an inherently stressful job is made more so by a constant undercurrent of distrust and negative public opinion, the risks to officer wellness are exacerbated. This report is an important measure and reflection in our ongoing commitment to protect those who protect us.”
Under the Law Enforcement Mental Health and Wellness Act, the COPS Office was required to submit reports to Congress that addressed:
- Recommendations to Congress on effectiveness of crisis lines for law enforcement officers, efficacy of annual mental health checks for law enforcement officers, expansion of peer mentoring programs, and ensuring privacy considerations for these types of programs;
- Mental health practices and services in the U.S. Departments of Defense (DoD) and Veterans Affairs (VA) that could be adopted by federal, state, local, or tribal law enforcement agencies; and
- Case studies of programs designed primarily to address officer psychological health and well-being.
The first report, Law Enforcement Mental Health and Wellness Act: Report to Congress, includes 22 recommendations to Congress ranging from supporting programs to embed mental health professionals in law enforcement agencies to supporting the development of model policies and implementation guidance for law enforcement agencies to make substantial efforts to reduce suicide.
The case studies report, Law Enforcement Mental Health and Wellness Programs: Eleven Case Studies, is designed to provide an overview of multiple successful and promising law enforcement mental health and wellness strategies with the joint aims of informing Congress, state and local government officials, and the law enforcement field. The report includes 11 case studies from a diverse group of sites across the United States.
The Department of Justice is pleased to respond to the LEMHWA as officer safety, health, and wellness is a longstanding priority of the agency. The reports released today address some of the most pressing issues currently facing our law enforcement community.
The COPS Office has a near 25-year history of supporting the efforts of state, local and tribal law enforcement, including the management of the National Blue Alert Network. The agency awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
Attorney Sentenced for His Role in Mortgage Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Laurence Savedoff, Esq., 44, of New City, NY, who was convicted of misprision of a felony, was sentenced to serve four months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Elizabeth R. Moellering and Kathleen A. Lynch, who handled the case, stated that between 2008 and 2009, the defendant represented The Funding Source (“TFS”), a mortgage bank, as the settlement attorney. The defendant’s law office was used to execute the closings for the eight real estate transactions for properties located in Bronx, NY, which involved efforts by five other individuals fraudulently to obtain mortgages that were insured by FHA on behalf of unqualified borrowers. For all eight transactions, the defendant caused the signing of the HUD-1 settlement statement and FHA Addendum to the HUD-1 knowing that the information therein was false.
Although he did not know the full extent of the scheme, the defendant became aware that others were using him to help defraud financial institutions. The defendant failed to notify authorities, including federal authorities, of these other individuals’ use of fraud to obtain funds from TFS. Furthermore, the defendant took affirmative steps to conceal the fraud by signing the HUD-1 Settlement Statement and FHA Addendum, or by having his paralegal sign them. Those documents were later forwarded by TFS, which he knew would be sent to financial institutions, including M&T Bank located in the Western District of New York. One duty of the defendant in his role as settlement attorney was to certify that the disbursements written on the HUD-1 accurately reflected the disbursements in the transactions. The HUD-1 and other financial documents were sent to financial institutions to show that the borrowers met FHA’s requirement of providing a 3-3.5% down payment. The defendant was aware that the borrowers in all eight transactions did not provide that down payment. Nevertheless, the defendant, or his paralegal at this direction, certified on the HUD-1 and in the FHA Addendum that the disbursements listed therein were accurate. As a result of the aforementioned facts, financial institutions, including M&T Bank, purchased the fraudulently originated loans from TFS.
The total amount of the mortgage loans for these eight transactions was $4,800,007.
The sentencing is the culmination of an investigation by the United States Postal Inspection Service under the direction of Joseph W. Cronin, Inspector in Charge, Boston Division, the United States Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert. Additionally, the New York State Department of Financial Services assisted with the investigation.
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Armed Illegal Alien Pleads Guilty to Firearm PossessionRead the Press Release
RICHMOND, Va. – An illegal alien residing in Richmond pleaded guilty today to possessing a firearm illegally in the United States.
“Perez-Agustin is in the United States illegally and was caught carrying a firearm,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This criminal activity reflects a blatant disregard for our nation’s laws and represents a threat to public safety. The Department of Justice is committed to prioritizing criminal immigration enforcement, and this case reflects that continuing commitment.”
According to court documents, Manuel Dejesus Perez-Agustin, 39, had previously illegally entered the United States, been removed at taxpayer expense in January 2011, and then illegally reentered the United States again.
“This individual has no regard for our nation’s laws,” said Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “Not only did he re-enter the country after deportation, he was arrested in possession of a firearm, making him a threat to public safety. We will continue to work with the U.S. Attorney’s Office to keep our communities safe through enforcement of our nation’s immigration laws.”
In this instance, Perez-Agustin was charged with illegal reentry into the United Sates after removal and also illegal possession of a firearm.
Perez-Agustin pleaded guilty to possessing a firearm while being illegally in the United States and faces a maximum penalty of 10 years in prison when sentenced on July 31. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
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, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after U.S. District Judge M. Hannah Lauck accepted the plea. Assistant U.S. Attorney S. David Schiller is prosecuting the case.
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 No. 3:19-cr-26.
April Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 22 indictments charging 26 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Jose Angel Aguilera Campos, age 64, is charged with illegal reentry after deportation on or about April 11, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Phillip M. Brown, age 40, of Grand Island, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with felon in possession of a firearm on or about December 13 and December 14, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a stolen firearm on or about December 13 and December 14, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jeremiah Joseph Burkhart, age 38, of Lincoln, and Anna J. Chernyy, age 23, of Lincoln, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine from January 30, 2019 and continuing through April 2, 2019. The maximum possible penalty if convicted is NLT 10 years’ imprisonment, NMT $10,000,000 fine, NTL 5-year term of supervised release, and a $100 special assessment. Count II charges Chernyy with felon in possession of a firearm on or about April 2, 2019. The maximum possible penalty if convicted is 5 years’ consecutive imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges Burkhart with felon in possession of a firearm on or about March 13, 2019. The maximum possible penalty if convicted is 5 years’ consecutive imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Marco Cahuec Ortiz, age 44, is charged with illegal reentry after deportation from on or about April 16, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Melissa Carmona Valenzuela, age 24, of Houston, Texas, and Jose Munoz Perdomo, age 23, of Bronx, New York, are charged in a six-count Indictment. Count I charges both defendants with conspiracy to commit Wire Fraud beginning on or about February 14, 2019, and continuing to on or about February 27, 2019. The Indictment alleges the defendants defrauded Verizon Wireless to obtain money and property by means of materially false and fraudulent pretenses. The maximum possible penalty if convicted of Count I is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. Counts II & III charge Valenzuela with Wire Fraud on or about February 27, 2019. The Indictment alleges Valenzuela defrauded Verizon Wireless to obtain money and property by means of materially false and fraudulent pretenses. The maximum possible penalty if convicted of Counts II & III is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. Count IV charges Valenzuela with Producing, Using, or Trafficking in a Counterfeit Access Device from on or about February 14, 2019 to on or about February 27, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Counts V & VI charge Valenzuela with Using or Trafficking in an Unauthorized Access Device from on or about February 14, 2019 to on or about February 27, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Roberto Chaires-Granados, age 66, is charged with illegal reentry after deportation from on or about March 18, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Renee L. Coats, age 56, of Hastings, Nebraska, is charged in a three-count Indictment. In Counts I–III the defendant is charged with Theft of US Mail by Postal Employee on or about September 20, 2018 continuing through October 18, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment on each count, a $250,000 fine on each count, a 3-year term of supervised release on each count, and a $100 special assessment per count.
* Timothy Columbare, age 37, of Mansfield, Massachusetts, is charged with interference with Southwest Airlines flight crew members and attendants on or about March 19, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Dragen Flores Cortes, age 25, is charged with illegal reentry after deportation from on or about April 9, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Mathew S. Goad, age 33, of North Platte, Nebraska, and Cory D. Preitauer, age 28, of North Platte, Nebraska, are charged in a five-count Indictment. Count I charges the defendants with conspiracy to produce child pornography beginning on or about June, 2018 and continuing until on or about September, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment. Count II charges the defendants with production of child pornography beginning on or about June, 2018 and continuing until on or about September, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment. Count III charges Preitauer with production of child pornography-parent or guardian beginning on or about June, 2018 and continuing until on or about September, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment. Count IV charges Goad with distribution of child pornography beginning on or about June, 2018 and continuing until on or about September, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment. Count V charges Goad with possession of child pornography beginning on or about March 29, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment.
* Rigoberto Lopez Salvador, age 27, is charged with illegal reentry after deportation from on or about April 3, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Tony Merksick, age 41, is charged in a two-count Indictment. Counts I & II of the Indictment charge Merksick with filing a false tax return from on or about April 13, 2013 and March 24, 2014. The maximum possible penalty if convicted is 3 years’ imprisonment, a $100,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Rick Karnes, age 56, of O’Neill, Nebraska, and O’Neill Ventures, LLC, of O’Neill, Nebraska, are charged with conspiracy to harbor illegal aliens from on or about April 20, 2014 through on or about April 16, 2019. The maximum possible penalty if convicted for Karnes is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. The maximum possible penalty if convicted for O’Neill Ventures, LLC is a $500,000 fine, a $100 special assessment, and forfeiture of proceeds of any criminal activity.
* Victor Phillips, age 30, of Chicago, Illinois, is charged with possession with intent to distribute 500 grams or more of cocaine on February 28, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
* Alan Manuel Rubio Cazarez, age 52, of South Sioux City, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with receipt of visual depictions of minors on or about November 14, 2018 and December 17, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, and a $100 special assessment, $5,000 additional SA. Count II charges the defendant with possession of visual depictions of minors on or about December 18, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, and a $100 special assessment, $5,000 additional SA.
* Arturo Alvaro Sanchez Lopez, age 49, is charged with illegal reentry after deportation following a felony conviction on or about April 3, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Miguel Serrano Dominguez, age 37, is charged with illegal reentry after deportation from on or about March 28, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Douglas Sibley, age 35, is charged with possession with intent to distribute 400 grams or more of fentanyl on March 5, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Robin A. Smith, age 39, of Wilcox, Nebraska, is charged with Theft of US Mail by Postal Employee on or about May 16, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Michael Stine, age 32, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with felon in possession of a firearm on or about February 22, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of unregistered firearm on or about February 22, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Santos Tino Garcia, age 46, is charged with illegal reentry after deportation from on or about April 4, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Claudio Vallejo-Francisco, age 36, is charged with illegal reentry after deportation following a felony conviction on or about April 16, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Williams Vega-Victoriano, age 25, is charged with illegal alien in possession of a firearm on or about March 17, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
Altoona Man Sentenced to 6+ Years in Prison for Distribution of Child PornographyRead the Press Release
JOHNSTOWN, Pa. – A resident of Altoona, Pa. has been sentenced in federal court in Johnstown to 80 months in prison and ten years’ supervised release on his conviction of distribution of child pornography, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Kenneth Scott Boyd, 35.
According to information presented to the court, on June 2, 2016, Boyd distributed material depicting the sexual exploitation of a minor. The computer graphic files were shipped or transported in interstate or foreign commerce.
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Altoona Police Department for the investigation that led to the successful prosecution of Boyd.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better 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.
Altoona Man Pleads Guilty to Possession of Child PornographyRead the Press Release
JOHNSTOWN, Pa. - A resident of Altoona, Pa., pleaded guilty in federal court in Johnstown to a charge of possession of child pornography, United States Attorney Scott W. Brady announced today.
John F. Boslet, 53, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on Aug. 8, 2013, Boslet knowingly possessed images as computer graphic files containing child pornography, which had been shipped and transported in interstate or foreign commerce by means of a computer.
Judge Gibson scheduled sentencing for August 12, 2019, at 10:00 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations conducted the investigation that led to the prosecution of Boslet.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Akron man sentenced to more than 10 years in prison for having a firearm while trafficking a mix of fentanyl and cocaineRead the Press Release
An Akron man was sentenced to more than 10 years in prison for having a firearm while trafficking a mix of fentanyl and cocaine.
Lamar Harris, 34, was sentenced to 130 months in prison. Harris was sentenced to 70 months in prison for possession with intent to distribute controlled substances and 60 months for possession of a firearm in relation to drug trafficking. The sentences are to be served consecutively.
Harris pleaded guilty earlier this year. He was found with more than 16 grams of a mixture of fentanyl and cocaine on January 31, 2018, as well as a loaded .45-caliber pistol, according to court documents.
This case was investigated by the Drug Enforcement Administration, the Summit County Sheriff’s Office and the Medina County Drug Task Force. It was prosecuted by Assistant U.S. Attorney Patrick P. Burke.
35-Year Sentence for Habitual Sex Offender who Produced Child PornographyRead the Press Release
DAYTON – James Rapier, 42, of Rossburg, Ohio, was sentenced in U.S. District Court today to 35 years in prison for coercing teenage girls to send him sexually explicit pictures of themselves.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Steve Francis, Special Agent in Charge, U.S. Homeland Security Investigations (HSI) and Darke County Sheriff Toby L. Spencer announced the sentence imposed by U.S. District Judge Thomas M. Rose.
Rapier pleaded guilty in January to coercing a 13-year old female in February 2018 and a 15-year old female in December 2017 to send him sexually explicit photos of themselves. At the times Rapier committed the acts, he was under a requirement to register as a sex offender. In 2000, he was convicted of one count of Gross Sexual Imposition and two counts of Corruption of a Minor in Darke County. In 2005, he was classified as a habitual sex offender when he was convicted of Pandering Obscenity Involving a Minor in Darke County.
U.S. Attorney Glassman commended the investigation of this case by HSI and the Darke County Sheriff’s Office, as well as Assistant United States Attorney SaMee Harden, who is representing the United States in this case.
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12 Charged in Federal Document and Benefit Fraud SweepRead the Press Release
BOSTON – Twelve individuals were charged in federal court in Boston as a result of a federal sweep targeting offenders of document and benefit fraud. The defendants have allegedly used the identities of U.S. Citizens from Puerto Rico as their own. Ten of the 12 individuals charged today are unlawfully present in the United States, and six have criminal records in the names of the victims whose identities they have stolen.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The DBFTF is currently investigating suspected aliens who are believed to have obtained stolen identities of United States citizens born in Puerto Rico. Many of the individuals used the identities to obtain public benefits, which they would not otherwise be eligible to receive, including Massachusetts Registry of Motor Vehicles identity documents, Social Security numbers, and Medicaid, and to engage in suspicious financial transactions, including transferring funds.
With the exception of one defendant, the following individuals have each been charged with aggravated identity theft and false representation of a Social Security number:
- David Alexander Arias Arias, 31, a Dominican national currently serving a 41-month sentence in federal prison in Pennsylvania. In 2017, Arias Arias was caught on a court-authorized wiretap dealing fentanyl under his stolen identity; he was subsequently charged in federal court in New Hampshire. At the time of his arrest, Arias Arias was known to reside in Lawrence.
- Jose Miguel Baez, 43, a Dominican national residing in Lawrence. Baez has received more than $8400 in unemployment benefits in his victim’s name.
- Rafael Emilio Cruz Ciprian, 26, a Dominican national residing in Lawrence. Cruz Ciprian was arrested in Lowell on Aug. 4, 2018, on various charges, including giving false name/information to an officer and distribution of a Class A substance. During the arrest, Cruz Ciprian provided law enforcement with the identity of the victim whose identity was stolen.
- Alejandro Yoel Diaz Diaz, 28, a Dominican national residing in Lawrence. Diaz Diaz has been arrested twice for drug dealing; on both occasions he provided his victim’s identity to law enforcement as his own.
- Lilian Fana Martinez, 28, a Dominican national residing in Methuen, who, during multiple arrests, has presented the victim’s stolen identity to law enforcement as her own.
- Mirtha Magdalenny Lara Lara, 31, a Dominican national living in Lawrence with lawful permanent residence status.
- Elluz Yelitza Penalo Aguasvivas, 30, a Venezuelan national residing in Lawrence.
- Ismael Robles Tejeda, 29, a Dominican national residing in Lawrence.
- Francisco Antonio Sanchez Bernabe, 48, a Dominican national residing in Methuen. Sanchez Bernabe has been arrested/and or charged three times in Massachusetts: in May 2015, for possession and distribution of heroin; in April 2017, for possession to distribute a Class A substance; and in August 2017, for failure to stop for a police officer. During each of these arrests, Sanchez Bernabe provided the victim’s identity to the police as his own.
- Damarys Sanchez Sanchez, 44, a Dominican national residing in Lawrence, was charged only with misuse of a Social Security number.
- Santo Pascual Soto Diaz, 38, a Dominican national residing in Lawrence.
- Freddy Tejada-Diaz, a/k/a Freddy Tejada Zapata; a/k/a Freddy Tejadadia; a/k/a Fredy Zapata; a/k/a Fredy Antonio Zapata-Soto, 52, a Dominican national residing in Lawrence. Tejada-Diaz was ordered deported in 1996 by a judge in New York, though Tejada-Diaz failed to appear on the court date the judge ordered him removed. Tejada-Diaz never left; instead, he assumed a new identity and was eventually arrested for shoplifting in New Hampshire under his victim’s name.
“This case is part of our ongoing effort to target federal crime in the Lawrence area,” said U.S. Attorney Andrew E. Lelling, “and we will keep up the pressure for as long as necessary. The 12 men and women charged allegedly stole and used the identities of U.S. citizens to live illegally in the United States, receive government benefits in the names of their victims, and even commit crimes in the names of those victims. This is a rampant problem, and my office is committed to helping those whose identities have been compromised to regain control over their lives.”
“The identity theft committed in these cases is a disrespect to our immigration laws,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations in Boston. “Today’s arrests are the culmination of months of intensive investigative interagency work by our Document and Benefit Fraud Task Force and partner agencies. We appreciate the U.S. Attorney’s commitment to prosecuting those arrested today. We are confident that facts in these cases will show that those who allegedly participated in these criminally fraudulent actions have committed not only identity theft crimes but also associated benefit fraud and financial crimes.”
“My Office and our partners take document benefit fraud very seriously,” said Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division. “Those who misuse Social Security numbers affect the integrity of the entire Social Security system.”
“Document and identity fraud are serious crimes with far reaching and significant consequences for the individual victims, and which carry the potential for a broader threat to public safety and homeland security,” said Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police. “We were pleased to be able to work with our law enforcement partners on this important operation.”
In July 2018, a DBFTF led investigation resulted in the arrests of 25 individuals on charges of identity theft and Social Security fraud.
The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; HSI SAC Fitzhugh; SSA OIG SAC Antolik; and Colonel Gilpin made the announcement today. Valuable assistance was provided by the U.S. Department of Health and Human Services, Office of the Inspector General; the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; the U.S. Department of Labor, Office of Inspector General, Office of Investigations; the U.S. Department of State, Diplomatic Security Service, Boston Field Office; the U.S. Postal Inspection Service; and the Lawrence, Methuen, and Boston Police Departments. Assistant U.S. Attorneys Sandra Bower, Lindsey Weinstein, and David Tobin of Lelling’s Criminal Division are prosecuting the cases.
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.
17 April 2019
Wilmington Man Who Supplied Cocaine to Bloods Street Gang Sentenced to 6 1/2 Years in Federal PrisonRead the Press Release
RALEIGH - The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge James C. Dever III, sentenced Rufus Lamar Parker, 28, of Wilmington to 78 months’ imprisonment, followed by 3 years of supervised release.
On July 9, 2018, PARKER pled guilty to six counts of distributing powder cocaine. He pled guilty to an additional count charging conspiracy to distribute and possess with intent to distribute cocaine on November 30, 2018.
PARKER was the fifth of six co-defendants to be sentenced in this case. Four co-defendants have previously received sentences ranging from 60 to 240 months:
- On May 23, 2018, Eugene Telphia Grady, Jr., was sentenced to 60 months’ imprisonment and 6 years of supervised release, following his guilty plea to a charge of conspiring to distribute crack cocaine.
- On October 3, 2018, James Flowers was sentenced to 120 months’ imprisonment and 5 years of supervised release, following a guilty plea to conspiring to manufacture, distribute and possess cocaine and 28 grams of more of crack cocaine; manufacture, distribution, and possession with intent to distribute 28 grams or more of crack cocaine; and use and carrying a firearm in furtherance of a drug trafficking crime.
- On October 3, 2018, Sylvester Lorenzo Hooper, Jr., was sentenced to 204 months’ imprisonment and 8 years of supervised release, following his guilty plea to conspiring to distribute 28 grams or more of crack cocaine; possession of a firearm by a convicted felon; and distribution of a quantity of crack cocaine.
- On February 20, 2019, Victor Dorm was sentenced to 240 months’ imprisonment and 5 years of supervised release following his guilty plea to conspiracy to distribute cocaine and 28 grams or more of crack cocaine; distribution of heroin; manufacture, distribution, and possession with intent to distribute 28 grams or more of cocaine base; use and carry a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a convicted felon.
The remaining co-defendant, Joseph Anthony Vaught, is awaiting sentencing, which is currently set for April 29, 2019. He entered a guilty plea on January 22, 2019, to charges of conspiring to distribute and possess with intent to distribute 500 grams or more of cocaine and possessing a firearm in furtherance of a drug trafficking crime.
These convictions are the result of a long-term undercover operation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Officers of the Wilmington Police Department. Beginning in December 2016 and continuing until the federal indictment in August of 2017, ATF used a confidential informant, undercover agents, and a wired undercover apartment to investigate gang and drug activity in the Wilmington, North Carolina area. Victor Dorm, a principal target of the investigation, was a leader of a subset of the Bloods street gang. Officers learned during the course of the investigation that Parker, a close associate of Dorm, supplied Dorm and other Bloods gang members with powder cocaine. The gang then cooked the powder cocaine into crack cocaine, which they sold in the Wilmington area.
During the course of the investigation, law enforcement was able to conduct a large numbers of controlled purchases of contraband from each of the six co-defendants, as well as from five additional men who have pled guilty in separate federal cases. The confidential informant and undercover agents conducted roughly three-dozen transactions, purchasing cocaine, crack cocaine, heroin, counterfeit currency, and multiple firearms. PARKER made seven of the sales, dating from March to July of 2017. In each transaction, PARKER supplied one-, two-, or three-ounce quantities of cocaine to a confidential informant, with a street value of approximately $1,500 per ounce. On August 29, 2017, officers executed a search warrant at PARKER’s residence, recovering an additional 117 grams of powder cocaine, as well as $31,020 in cash.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Wilmington Police Department, the New Hanover County Sheriff’s Office, and the Brunswick County Sheriff’s Office. Assistant United States Attorneys Jake D. Pugh represented the government.
Whitesburg Couple Sentenced to 30 months for Social Security Fraud and Medicaid FraudRead the Press Release
LEXINGTON, Ky. - A Whitesburg, Kentucky couple have been sentenced to 30 months in federal prison, for defrauding the Social Security and Medicaid programs.
Yesterday, Chief U.S. District Judge Caldwell sentenced married couple Harry Taylor, 63, and Betty Taylor, 64, for conspiracy to commit mail and wire fraud, theft of government funds, and falsifying and concealing a material fact in connection with health care benefits.
The Defendants were both found guilty at trial, in September of 2018.
The evidence at trial established that, over a period of several years, the Defendants repeatedly misled the Social Security Administration about their financial resources, in order to receive more than $40,000 in direct payments for Supplemental Security Income Disability (“SSI”) benefits, which they were not entitled to receive. Their improper qualification for SSI benefits also led to the unlawful receipt of Medicaid benefits, of more than $150,000, during the same period. The Defendants were also found to have engaged in obstruction of justice, by falsifying documents and evidence introduced at the trial.
“This case represents an example of the consequences of defrauding important government programs,” said Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky. “This theft of benefits frustrated the purpose of these programs and depleted the limited resources available to assist proper beneficiaries of assistance. It has now resulted in prison sentences. Due to the quality work of SSA-OIG, these defendants will now be held accountable.”
“The Social Security Office of the Inspector General is committed to protecting Supplemental Security Income payments and related benefits, and to pursuing individuals who exploit government programs that exist for those who truly need them,” said Wayne R. Warren, Acting Special Agent-in-Charge of the SSA OIG Atlanta Field Division. “We thank the U.S. Attorney’s Office for prosecuting this case, and we will continue to work with our law enforcement partners to investigate cases of government benefit fraud.”
Under federal law, the Defendants must serve 85 percent of their prison sentences and will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge of the FBI; Wayne R. Warren, Acting Special Agent in Charge, Atlanta Field Division of the Social Security Administration, Office of Inspector General, and Andy Beshear, Attorney General of Kentucky, jointly made the announcement.
The investigation was conducted by the FBI, the SSA-OIG, and the Kentucky Office of the Attorney General. The United States was represented by Assistant U.S. Attorneys Erin Roth and Ken Taylor.
Urbana Man Sentenced to 13 Years for Making and Sharing Child PornRead the Press Release
DAYTON – Adam J. Moffitt, 31, of Urbana, Ohio, was sentenced in U.S. District Court to 156 months in prison for creating and distributing pictures of the sexual abuse of a female infant. He was also sentenced to remain under court supervision for the rest of his life.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Steve Francis, Special Agent in Charge, Homeland Security Investigations (HSI), announced the sentence handed down yesterday by U.S. District Judge Walter H Rice.
According to court documents, between October and November 2016, Moffitt logged onto a website and posted in chatrooms dedicated to the discussion and dissemination of child pornography and abuse. On at least three occasions, Moffitt posted internet links that, when clicked, led to images of child pornography. Two of those links led to images Moffitt had created of the sexual abuse of a prepubescent female.
While executing a search warrant at Moffitt’s house in November 2016, investigators found more than 600 images of child pornography on his computer. Moffitt pleaded guilty in June 2018 to distributing child pornography.
“The fact that an undercover officer in New Zealand, who was patrolling the internet, found the images Moffitt posted underscores the global danger of child exploitation,” U.S. Attorney Glassman said. “Distributing such disturbing images all but ensures that the child will continue to be victimized long after this case is concluded.”
"HSI will continue to aggressively target predators who share child pornography online; sharing furthers the motivation of those who are producing this repulsive material,” said Francis. “As today's sentence clearly demonstrates, these are serious crimes with serious consequences."
U.S. Attorney Glassman commended the cooperative investigation by HSI, as well as Assistant United States Attorney Dominick S. Gerace, who is representing the United States in this case.
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United States Government and Cooperating U.S. Gold Refinery Enter an Agreement After Money Laundering InvestigationRead the Press Release
Miami-based, gold refinery Republic Metals Corporation (“RMC”) executed a non-prosecution agreement with the United States Attorney’s Office for the Southern District of Florida (the “Office”) after cooperating in an investigation focusing on money laundering and violations of the Bank Secrecy Act in the gold importation and refining industry. Under the terms of the agreement, RMC agreed to continue cooperating in the ongoing investigation, as well as to make improvements in its anti-money laundering and compliance programs.
Ariana Fajardo Orshan, United States Attorney, U.S. Attorney’s Office for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, Carlos L. Mitchem, Regional Director, Drug Enforcement Administration (DEA-Peru), Southern Cone Region, and Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA-Miami), Homestead Field Office, made the announcement.
RMC is the second U.S. gold refinery that has been implicated in the Office’s investigation into the gold importation and refining industry. Previously, Elemetal LLC, doing business as “Elemetal” and “NTR Metals,” pled guilty to a single-count information for failure to maintain an adequate anti-money laundering program under the Bank Secrecy Act (BSA). (U.S. v. Elemetal LLC, Case No. 18-cr-20173). The investigation into the gold importation and refining industry remains ongoing.
U.S. Attorney Ariana Fajardo Orshan stated, “We commend Republic Metals Corporation for cooperating in this investigation and agreeing to strengthen their anti-money laundering and compliance program after deficiencies had been discovered. This Office’s investigation into the gold importation and refining industry will continue and the resolution with Republic Metals Corporation, as well as the guilty plea of NTR, should place others on notice that there are benefits to cooperating and there are grave consequences for those who engage in money laundering or fail in their legal requirement to prevent it.”
These cases are the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) “Operation Arch Stanton”, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
U.S. Attorney Fajardo Orshan commended the investigative efforts of FBI, ICE-HSI, IRS-CI, and DEA-Peru and DEA-Homestead. This case is being prosecuted by International Narcotics and Money Laundering Section Assistant U.S. Attorneys Walter M. Norkin and Brian Shack. Southern District of Florida Assistant U.S. Attorney Adrienne Rosen is handling the asset forfeiture aspects of this matter.
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 at http://pacer.flsd.uscourts.gov.
U.S. Attorney’s Office Resolves Mineral Trespass Investigation Against Colorado Oil and Gas CompanyRead the Press Release
DENVER – SRC Energy, Inc., a Colorado-based oil and gas company, has agreed to pay $723,236 to resolve mineral trespass allegations regarding two oil and gas wells unlawfully drilled in Weld County, Colorado.
The United States contends that in 2014 and 2015, SRC drilled oil and gas wells into railroad right-of-way C668, and later removed federal minerals through those wells. The minerals beneath the railroad right-of-way were reserved to the United States. SRC failed to lease those minerals or seek permission from the Bureau of Land Management prior to drilling the wells. Because federal investigators believed this trespass was willful, the United States demanded the full value of 100% of the federal minerals extracted during the trespass period, without any offset for drilling or production costs.
“Protecting the public includes protecting our federal lands and federal mineral interests. Oil and gas companies must be careful not to take federal resources without permission. If they do, we will aggressively seek redress on behalf of the United States,” said U.S. Attorney Jason Dunn.
Ron Gonzales, Special Agent in Charge of the U.S. Department of Interior, Office of Inspector General's Energy Investigations Unit, stated, “Our office is committed to work collaboratively and diligently with DOJ and our federal partners at the Department of Interior to ensure that revenues generated from public resources are accounted for on behalf of the American taxpayers.”
This case was handled by Assistant U.S. Attorney Andrea Wang.
Two Sentenced for String of Lumberton Area RobberiesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that Chief United States District Judge Terrence W. Boyle sentenced TYRA MAKAVA WATSON, 19, of Lumberton to 144 months’ imprisonment, followed by 5 years of supervised released, and BOBBY PRESTON MCNAIR, 26, of Lumberton to 184 months’ imprisonment, followed by 5 years of supervised released.
On January 16, 2019, WATSON pled guilty to five counts of Hobbs Act robbery and brandishing a firearm during a crime of violence. On December 12, 2018, MCNAIR, pled guilty to four counts of Hobbs Act robbery and brandishing a firearm during a crime of violence.
On October 30, 2017, WATSON and MCNAIR, robbed the Minuteman Gas Station in St. Pauls, NC, followed by the robbery of the Family Dollar store on Norment Road in Lumberton. On November 2, 2017, the two then robbed the Family Dollar store on Roberts Avenue in Lumberton, and on November 4, 2017, they robbed the Family Dollar store on East 5th Street in Lumberton. Lastly, WATSON robbed the Dollar General store on Canton Road in Lumberton. On each occasion, either WATSON or MCNAIR, brandished a firearm and took money from the business.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lumberton Police Department.
Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Two Guatemalan Men Sentenced in Multiple Alien Smuggling Death CaseRead the Press Release
LAREDO, Texas – Two Guatemalan men have been ordered to federal prison after their involvement in an alien-smuggling event which resulted in the deaths of two Ecuadoran men, announced U.S. Attorney Ryan Patrick. Melvin L. Barahona-Godoy, 23, and Yoryi Alexis Perez, 29, both of Guatemala, pleaded guilty April 30, 2018.
Today, U.S. District Judge Keith P. Ellison sentenced Barahona-Godoy to 57 months of imprisonment, while Perez was ordered to serve a 78-month-term. Not U.S. citizens, they are expected to face deportation proceedings following completion of their sentences.
On Oct. 21, 2017, federal authorities encountered nine undocumented aliens at a residence in Laredo, one of whom was Barahona-Godoy. After conducting multiple interviews, law enforcement determined Barahona-Godoy and Perez guided the group of aliens across the Rio Grande river from Mexico into the United States the month prior. Perez was subsequently apprehended in 2018.
During that smuggling event, two persons drowned while attempting to cross the river. Both men were from Ecuador.
Both have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Christopher dos Santos prosecuted the case.
Two Cortland County Residents Arrested on Child Exploitation ChargesRead the Press Release
SYRACUSE, NEW YORK – Lawrence C. Berry, age 25, and Brittany E. Berry, age 24, of Cortland, New York, were charged today with conspiring to sexually exploit a child.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
A federal criminal complaint charges that in or about August and September 2018, the defendants conspired together to sexually exploit a child who was born in 2015 for the purpose of producing visual depictions of that abuse. The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
If convicted of the charge alleged in the complaint, each defendant faces a mandatory minimum prison sentence of 15 years, a maximum sentence of 30 years, a fin of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. 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.
The defendants appeared today before United States Magistrate Judge Andrew T. Baxter, who ordered that they be detained pending further proceedings.
This case is being investigated by the FBI and the City of Cortland Police Department. It is being prosecuted by Assistant United States Attorney Michael D. Gadarian as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Two Additional Kingsmen Motorcycle Club Members Sentenced for RICO ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Haley, Sr., 63, of Dunellon, FL, and Joseph Michael Long, 40, of Maryvale, TN, who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford. Haley was sentenced to three years supervised release to include eight months home detention, and Long was sentenced to serve 27 months in prison.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that the defendants admitted to being a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such crimes as distribution of controlled substances, maintaining premises for use and distribution of controlled substances, possession, use and sale of firearms, sales of untaxed cigarettes, and promoting prostitution. The KMC sought to preserve and protect their power, territory, and reputation through intimidation, violence, threats of violence, assaults, attempted murder and murders, and was involved in placing victims, potential victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence.
Defendant Long, who was at various times a KMC Lake County (Florida) Chapter President, KMC Volusia County, Florida Chapter President, Tennessee Moonshine Chapter President, and regular full-patch KMC member, further admitted that, on November 30, 2016, he testified falsely and evasively about material facts before a federal Grand Jury. Specifically, Long testified falsely and evasively regarding the nature and extent of his communications with KMC National President David Pirk, KMC Florida/Tennessee Regional President Timothy Enix, and KMC Nomad Andre Jenkins; his knowledge of the circumstances in which KMC member Jimmy Ray Fritts provided a motorcycle to Jenkins to use to travel to New York in September 2014; and his knowledge about what transpired when Jenkins traveled to New York and his return to Tennessee. On September 6, 2014, Jenkins murdered Kingsmen Motorcycle Club members Paul Maue and Daniel Szymanski at the KMC Clubhouse on 322 Oliver Street in North Tonawanda, NY. Long also admitted that he made false statements to the FBI investigating the murders.
Today’s sentencings are the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Assisting in the investigation were the following: the FBI Knoxville, TN, and Jacksonville, FL Field Offices; Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the City of North Tonawanda Police Department; the Niagara County’s Sheriff’s Office; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.
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Trip Set Investigation – Weapons and Drugs OperationRead the Press Release
United States Attorney Joe Kelly announced today that members of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Omaha Police Department, and the United States Marshals Service conducted an early morning operation in Omaha, armed with arrest warrants for six individuals on federal and state charges for firearms and narcotics violations. During this investigation the ATF and the Omaha Police Department seized 41 firearms, ten of which were stolen. In addition to the stolen firearms, approximately 31 ounces of marijuana were seized.
This investigation focused on the TRIP SET gang that relied on violent crime and narcotics sales to make money for the gang. Their crimes included armed robberies, home invasions, burglaries and credit card fraud. Between June and October 2018, this gang was responsible for six felony assaults. This group became prevalent in the Omaha area over the past three years and has approximately 154 documented gang members and associates in Omaha. Omaha Police also confirmed additional TRIP SET gang members in Iowa, Minnesota, Texas, Tennessee, Washington, South Dakota, and Utah.
“This operation involving the Omaha Police Department, ATF, and the U.S. Marshals Service removed some very dangerous individuals from our community,” said U.S. Attorney Kelly, “We are very pleased with the determination, coordination and cooperation among these agencies, as well as the Douglas County Attorney’s Office, in this very successful investigation.”
“In partnership with the Omaha Police Department, ATF will continue to identify and bring to justice, those who use or illicitly supply firearms to be used in violence.” said Acting ATF Special Agent in Charge Fred Winston.
"The operation is impactful to public safety as it addressed active gang members procuring firearms illegally. I want to thank our federal partners and all the Omaha investigators that worked tirelessly for the public on this." said Omaha Police Chief Todd Schmaderer.
In addition to today’s arrest warrants, six other individuals were already in custody and charged federally prior to the operation. Attached are the names and charges of individuals arrested in this investigation. One individual remains at large. Attached is the list of those in custody.
TRIP SET INVESTIGATION
Targets and their indicted offenses
1. Jal CHUAR
Count 1: Distribution Marijuana (21 USC 841)
Count 2: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 3: Felon in Possession of a Firearm (18 USC 922(g)(1))
2. Kuiny GACH
Count 1: Distribution Marijuana (21 USC 841)
Count 2: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 3: Distribution Marijuana (21 USC 841)
Count 4: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
3. Ammanuel JIEL
Count 1: Distribution Marijuana (21 USC 841)
Count 2: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 3: Distribution Marijuana (21 USC 841)
Count 4: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
4. Emmanuel JOHN
Count 1: Felon in Possession of a Firearm (18 USC 922(g)(1))
Count 2: Felon in Possession of a Firearm (18 USC 922(g)(1))
Count 3: Felon in Possession of a Firearm (18 USC 922(g)(1))
Count 4: Felon in Possession of a Firearm (18 USC 922(g)(1))
5. Kandaru JOHN
Count 1: Felon in Possession of a Firearm (18 USC 922(g)(1))
Count 2: Felon in Possession of a Firearm (18 USC 922(g)(1))
6. Gatroul PUOL
Count 1: Conspiracy – Distribute and Possess with Intent to Distribute Marijuana (21 USC 846)
Count 2: Distribution Marijuana (21 USC 841)
Count 3: Distribution Marijuana (21 USC 841)
Count 4: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 5: Distribution Marijuana (21 USC 841)
Count 6: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 7: Distribution Marijuana (21 USC 841)
7. Giel RIAK
Count 1: Distribution Marijuana (21 USC 841)
Count 2: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 3: Distribution Marijuana (21 USC 841)
Count 4: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
8. Reuben ROWE
Count 1: Distribution Marijuana (21 USC 841)
Count 2: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
9. Dajuan SHARRON
Count 1: Robbery of Personal Property of the United States (18 USC 2112)
10. Kan TAP
Count 1: Felon in Possession of a Firearm (18 USC 922(g)(1))
Count 2: Distribution Methamphetamine (21 USC 841)
Count 3: Possession of Firearm During Drug Trafficking Offense (18 USC 924(c))
Count 4: Felon in Possession of a Firearm (18 USC 922(g)(1))
Count 5: Felon in Possession of a Firearm (18 USC 922(g)(1))
11. Loing YAR
Count 1: Distribution Methamphetamine (21 USC 841)
Three Men Charged in an Elaborate ATM Skimming SchemeRead the Press Release
An indictment was returned by a Grand Jury charging three Romanian nationals with conducting an elaborate ATM skimming scheme throughout several Michigan cities, announced United States Attorney Matthew Schneider.
This indictment charges CIPRIAN VIOREL VARTOLOMEI, 38 (aka: Eric Rene Fuss, Dumitru Movradin, and Costica Andriesei), CATALIN PUSCASU, 36 (aka: Bjorn Ove Sigbjornsen and Jean Francois Margelli), and ION FLORIN OPROIU, 45 (aka: Dominik Gerza) with two counts of access device fraud (Oprious is charged with only one count) and one count of aggravated identity theft.
According to the indictment, the above defendants obtained fraudulent foreign passports and driver’s licenses to obtain lodging, establish fraudulent bank accounts, wire money, and establish fraudulent accounts with private or commercial interstate shipping carriers. Their scheme included the manufacture of counterfeit access device making equipment, commonly referred to as “skimming” devices. These devices were installed inside ATM machines to capture victims’ bank account numbers. In addition, the defendants installed small hidden cameras along with the skimmer to capture victims PIN numbers. The perpetrators would later recover the skimming devices and hidden cameras and use the captured data to create fraudulent or altered access devices which they used, in conjunction with the victims’ PINs, to steal money from bank accounts through ATM machines.
According to the indictment, the compromised information pertains to members of a few credit unions in several Michigan cities, including Jackson, Hillsdale, Milan, Vandercook, and Battle Creek. Over $90,000 in cash was recovered from the defendants upon their arrest and from an apartment they had rented. Also recovered were numerous equipment and tools used in manufacturing skimming devices and hundreds of fraudulent credit/debit/gift cards.
All three defendants are currently in custody on immigration violations and will be brought to Federal Court in the Eastern District of Michigan for arraignment on the indictment in the next few days.
The case was investigated by the Southeast Michigan Financial Crimes Task Force including members of the United States Secret Service, Homeland Security, West Bloomfield and Royal Oak Police Departments and other agencies.
The case is being prosecuted by Assistant U.S. Attorney Abed Hammoud with the United States Attorney’s Office for the Eastern District of Michigan in Detroit.
An indictment is only a charge and is not evidence of guilt. Every defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging LESTER ALEXANDER FLORES-PAZ, age 34, of Guatemala, VICENTE GONZALEZ-PITEROS, age 32, of Mexico, and ALDO NOE RAMOS-ANDINO, age 32, of Honduras, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, FLORES-PAZ, previously deported two times and found in Harnett County, GONZALEZ-PITEROS, previously deported and found in Gates County, and RAMOS-ANDINO, previously deported and found in Sampson County, would each face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
The Drug Enforcement Administration and U.S. Attorney’s Office Announce DEA’s 17th National Prescription Take–Back Day with Events on St. Croix and St. Thomas for Saturday, April 27thRead the Press Release
Drug Enforcement Administration (DEA) Special Agent in Charge, A.J. Collazo and U.S. Attorney Gretchen C.F. Shappert announced an upcoming prescription take-back event, scheduled for April 27th on St. Croix and St. Thomas. The National Prescription Drug Take-Back Day addresses a serious public safety and public health issue which impacts communities throughout the United States. Now in its ninth year, National Prescription Drug Take Back Day events continue to remove ever-higher amounts of opioids and other medicines from the nation’s homes, where they could be stolen and abused by family members and visitors, including children and teens. The DEA’s Take-Back Day events provide an opportunity for Americans to prevent drug addiction and overdose deaths. Take-Back Day also provides for an effective way to dispose of prescription drugs without harm to the environment.
According to the 2016 National Survey on Drug Use and Health, 6.2 million Americans have misused controlled prescription drugs. The study shows that a majority of abused prescription drugs were obtained from family and friends, often from the home medicine cabinet. The DEA’s Take-Back Day events provide an opportunity for Americans to prevent drug addiction and overdose deaths. Take-Back Day also provides for an effective way to dispose of prescription drugs without harm to the environment.
Helping people to dispose of potentially harmful prescription drugs is just one way DEA is working to reduce the addiction and overdose deaths plaguing this country due to opioid medications. “We are proud to join efforts with the U.S. Attorney’s Office for DEA’s National Prescription Drug Take Back Day”, said SAC Collazo. “We are certain that this 17th edition of the National Take Back Day will be a success in the Virgin Islands, as was the previous event on October 27, 2018.” The October 2018 DEA Take-Back Day in the USVI collected a record amount of prescription drugs and DEA is hoping for similar results with the April 27th Take-Back Day.
“Studies show that unused and left-over prescription drugs are oftentimes misused and abused by children and other family members”, said U.S. Attorney Shappert. “Removing these items from the home takes away the possibility of accidental use and possible abuse. The DEA Take-Back Program also ensures that prescription drugs are disposed of responsibly, and that they do not harm the environment.”
Persons wishing to dispose of unused prescription drugs on St. Croix can take those prescriptions to the Gallows Bay, Kingshill, and Frederiksted Post Offices between the hours of 10:00 a.m. and 2:00 p.m. on Saturday, April 27th. For disposal of unused prescriptions on St. Thomas, persons may take them to the Frenchtown and Sugar Estates Post Offices, also on Saturday, April 27th, between the hours of 10:00 a.m. and 2:00 p.m.
For more information on National Take-Back Day, please contact 1-800-882-9539, 571-362-4700 or visit https://takebackday.dea.gov/ or https://www.deadiversion.usdoj.gov.
St. Louis Man Sentenced on Racketeering and Prostitution ChargesRead the Press Release
St. Louis, MO – La’ron Clower, 29, of St. Louis, was sentenced to 48 months in prison for his involvement in racketeering and prostitution charges. He appeared in federal court today before U.S. District Court Judge Ronnie White.
According to court documents, between July 2016 and November 2016, Clower recruited 15-year-old DK and 22-year-old BC for purposes of prostitution. Clower prostituted them via advertisements placed on Backpage.com. This activity included renting hotel rooms and communicating with victims and clients via the Internet and cellular phones. Clower would transport DK and BC from St. Louis County, Missouri to a truck stop in Illinois so that DK and BC could engage in commercial sex acts.
Clower pled guilty in January 2019 to one count of Interstate Travel or Transportation with Intent to Promote Prostitution.
This case was investigated by the Federal Bureau of Investigation, the St. Louis County Police Department, the St. Charles County Police Department, the Bridgeton Police department and the Kirkwood Police Department. Assistant United States Attorney Howard Marcus prosecuted the case for the U.S. Attorney’s Office.
South Bay Resident Sentenced to 70 Months in Prison for Illegally Trafficking Guns and DrugsRead the Press Release
SAN JOSE – Diego Alejandro Aguilar was sentenced today to 70 months in prison for possessing with the intent to distribute methamphetamine and selling firearms without a license, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Rayfield Roundtree. The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge.
Aguilar, 25, of Seaside, Calif., pleaded guilty to the charges on December 12, 2018. According to his plea agreement, Aguilar admitted that between February 2018 and May 2018, he knowingly sold methamphetamine and engaged in the business of selling firearms in Seaside. The plea agreement describes seven occasions on which Aguilar sold methamphetamine. For example, on February 22, 2018, Aguilar sold approximately 108.5 grams of methamphetamine for $1,200 and on May 2, 2018, Aguilar sold approximately 82.3 grams of methamphetamine for $1,000. During the same period, Aguilar also sold ammunition and two firearms—a .357 Ruger revolver and a Springfield Armory XD-9 9mm pistol. In sum, Aguilar admitted he sold more than 535 grams of methamphetamine and received more than $7,500 for the guns and drugs.
On June 21, 2018, a federal grand jury indicted Aguilar, charging him with seven counts of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and one count of selling firearms without a license, in violation of 18 U.S.C. § 922(a)(1)(A). Aguilar pleaded guilty to one count of each crime. The remaining counts were dismissed.
In addition to the prison term, Judge Koh also sentenced Aguilar to serve three years of supervised release that will begin after his prison term has been served. Judge Koh ordered Aguilar to surrender by June 12, 2019, to begin serving his prison term.
Assistant U.S. Attorney Jeff Nedrow is prosecuting the case with the assistance of Susan Kreider. The prosecution is the result of an investigation by the ATF.