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10 April 2019
MCI-Cedar Junction Inmate Pleads Guilty to Drug ChargesRead the Press Release
BOSTON – An MCI-Cedar Junction inmate pleaded guilty on Monday, April 8, 2019, in federal court in Boston in connection with smuggling drugs into the facility.
William Guillemette, 39, an inmate at Massachusetts Correctional Institute – Cedar Junction (MCI-CJ) in South Walpole, pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam. U.S. District Court Judge Indira Talwani scheduled sentencing for July 16, 2019.
In September 2018, William Guillemette was indicted along with his mother, Margaret Guillemette, 58; his wife, Lisa Guillemette, 42; and Chad Connors, 42, also an MCI-CJ inmate. Margaret Guillemette pleaded guilty on March 1, 2019, and will be sentenced on May 30, 2019.
According to the charging documents, Chad Connors and William Guillemette were inmates housed at MCI-CJ’s Departmental Disciplinary Unit (DDU). It is alleged that Connors was involved in a romantic relationship with a nurse assigned to the DDU. At Connors’ request, the nurse agreed to smuggle contraband, including controlled substances, into MCI-CJ. In order to do this, the nurse opened two P.O. Boxes through a third party. Connors sent letters and money to the nurse at these P.O. Boxes and, at William Guillemette’s direction, Lisa and Margaret Guillemette, obtained and sent Suboxone and Alprazolam to the P.O. Boxes. The nurse subsequently smuggled the drugs into the DDU and delivered them to Connors. It is alleged that Connors and William Guillemette distributed the drugs to other inmates, who sent checks to Lisa and Margaret Guillemette as payment for the drugs. Suboxone and Alprazolam are Schedule III and Schedule IV controlled substances, respectively.
The nurse was previously charged and pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam.
The charge of conspiracy to distribute Suboxone and Alprazolam provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $500,000 and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lumberton Man Sentenced to More Than 31 Years in Prison for Carjacking and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge James C. Dever, III sentenced DARRICK LAMORRIS MCKENZIE, 39, of Lumberton, to 379 months imprisonment followed by 5 years of supervised release and ordered to pay $9,500.00 in restitution.
MCKENZIE was named in an eight-count Indictment filed on March 28, 2018. On November 19, 2018, MCKENZIE pled guilty to two-counts of Carjacking and two-counts of Brandishing a Firearm in Furtherance of a Crime of Violence.
On March 14, 2017, MCKENZIE robbed MSI (Packer Sanitation) located at 1312-B East 5th Street in Lumberton. Specifically, MCKENZIE entered MSI and approached the victim employee, who was seated at her desk. MCKENZIE pulled out a gun and pointed it at her stating, “Give me all you got.” The victim employee told him she did not have any money, but she gave him her debit card and car keys. MCKENZIE then stole two laptop computers and two televisions from the business, and ordered the victim employee to lay down on the floor in front of the window with her hands behind her head, stating that he can see her if she moves. The victim employee stated MCKENZIE then went outside and placed the stolen items in her vehicle. MCKENZIE then returned to the business, locked the door behind him, and brutally raped her, while putting her into a choke hold. Further investigation revealed that MCKENZIE used the victim’s debit card by withdrawing $300 from her bank account shortly after fleeing from MSI.
On March 16, 2017, another victim, who transports individual to and from work, was inside his vehicle located at 2702 Martin Luther King Drive in Lumberton. The victim stated he was taking a brief nap inside the vehicle, when he was awakened by MCKENZIE knocking on his driver’s side window. The victim stated that when he lowered the window MCKENZIE pointed a firearm at him stating, “Give me everything you got, and I mean every damn thing you got.” MCKENZIE also threatened to kill the victim numerous times. The victim stated MCKENZIE then reached inside the vehicle and pulled him out and stole his wallet. As MCKENZIE was getting into the stolen vehicle, the victim’s friend saw MCKENZIE and yelled at him. The victim stated MCKENZIE was trying to drive away but the tires were spinning. MCKENZIE then fired the gun from inside the vehicle hitting the windshield behind the rearview mirror.
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 case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Lumberton Police Department, Fayetteville Police Department, and the Raleigh Police Department. Assistant United States Attorney James Kurosad prosecuted the case on behalf of the United States.
Local Man Sentenced to 8 Years in Prison for Sex Trafficking a MinorRead the Press Release
CINCINNATI – Steven E. Ritter, 54, of Sharonville, was sentenced in U.S. District Court to 96 months in prison for sex trafficking a minor.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Office, Sharonville Police Chief Steve Vanover and other members of the FBI’s child exploitation task force announced the sentence handed down today by U.S. District Judge Timothy S. Black.
According to court documents, in April 2017, Ritter coordinated with two brothers to arrange for sexual acts with a 16-year-old female. Ritter paid $200 to William P. Washington, 38, of Cincinnati, for Washington to deliver narcotics and the minor victim to his hotel room.
There, Ritter engaged in sexual activity with the victim and they both used the narcotics. After doing so, Ritter called William Washington, Jr., 49, of Cincinnati, to come get the victim from the hotel.
Ritter pleaded guilty in February 2018 to one count of sex trafficking a minor.
As part of his plea, Ritter admitted that on numerous previous occasions, he arranged personally and with others to pay Washington for narcotics and prostitutes. Some of those instances involved both an adult female and the minor victim.
The two brothers were each arrested in June 2017 on federal charges of sex trafficking a minor.
According to their complaint, the minor victim was forced to engage in prostitution, was injected with heroin and forced to smoke crack cocaine. The victim told investigators she was often beaten and on one occasion had a gun held to her head while being forced to have sex with someone. Every time she was forced to engage in prostitution, Washington and Washington, Jr. arranged her transportation and had control over the transactions.
Both brothers have pleaded guilty. Washington, Jr. has since filed to a motion to withdraw his guilty plea, and the court has yet to rule on that motion.
U.S. Attorney Glassman commended the cooperative investigation by the FBI’s Child Exploitation Task Force and the Sharonville Police Department, as well as Assistant United States Attorney Kyle J. Healey, who is representing the United States in this case.
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Laurel Man Sentenced to over 15 Years in Federal Prison for Committing Five Armed Robberies of Pharmacies in Howard, Anne Arundel, and Prince George’s CountiesRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Arthur Raymond Prince, age 20, of Laurel Maryland, to 15 years and a month in federal prison, followed by five years of supervised release, for robbery of controlled substances, and for carrying and brandishing of a firearm during and in relation to a crime of violence, in connection with the armed robbery or attempted armed robbery of five pharmacies. The sentence was imposed on April 9, 2019.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Acting Annapolis Police Chief Paul Herman; Anne Arundel County Police Chief Tim Altomare; Acting Chief Russell E. Hamill, III of the Montgomery County Police Department; Chief Lisa Myers of the Howard County Police Department; and Anne Arundel County State’s Attorney Anne Colt Leitess.
“Prince and his co-defendant used guns to threaten pharmacy employees and steal tens of thousands of dollars’ worth of opioids and other prescription drugs,” said U.S. Attorney Robert K. Hur. “Today’s sentence sends a strong message that if you use a gun to commit a federal crime, you will serve federal time, where there is no parole—ever.”
According their plea agreements, between May 5, and November 29, 2017, Prince and his co-conspirator, Jawanza Carter, participated in five armed robberies of pharmacies. In each robbery, Carter pointed a gun at the clerk, and Prince and Carter demanded opioid narcotics such as Oxycodone, OxyContin, Percocet, and Codeine. In most of the robberies, Prince and Carter also stole money from the cash register and/or robbed the clerk.
Specifically, Prince and Carter admitted that they robbed: the Howard Pharmacy in Columbia, Maryland on May 5, 2017; the Lorven Pharmacy in Laurel, Maryland on June 19, 2017; the Pasadena Pharmacy in Pasadena, Maryland on August 25, 2017; and the Annapolis Professional Pharmacy in Annapolis, Maryland on November 29, 2017. Prince and Carter also attempted to rob the Pace Wellness Pharmacy in Pasadena on August 25, 2017, but were not able to steal narcotics when the clerk didn’t know where the drugs were located. Instead, Prince and Carter stole $180 from the cash register and robbed the clerk of her purse, which contained $50 and credit cards, among other things.
In each robbery, cell-site records showed that Prince’s phone was in the immediate area of the pharmacy at the time of the robbery. In addition, law enforcement recovered Carter’s fingerprints on one of the getaway vehicles used by the robbers. Text messages between Carter and Prince concerning the robberies were also found on both Carter and Prince’s phones. Photos recovered from Prince’s phone include images of Prince handling large amounts of cash, as well as photos and videos of Prince handling firearms.
Prince was arrested after the robbery on November 29, 2017, in Odenton, Maryland, not far from where law enforcement located the stolen narcotics. Carter was arrested later at the home of his girlfriend in Laurel, Maryland.
After his arrest and while he was detained, Prince attempted to obstruct justice. After learning that his girlfriend was scheduled to testify before a federal grand jury, Prince coached her regarding her testimony, telling her in a recorded jail call, “you don’t know nothing, nobody, OK? Get that through your fxxxing skull. Get that through your melon, OK? Nada.”
Co-conspirator Jawanza Kevin Carter, of Laurel Maryland, pleaded guilty to robbery involving controlled substances, and to brandishing a firearm during and in relation to a crime of violence, in connection with the armed robberies of the five pharmacies. Carter faces a maximum of 25 years in prison for robbery involving controlled substances; and a mandatory minimum of seven years and up to life in prison for brandishing of a firearm during and in relation to a crime of violence. Chief U.S. District Judge James K. Bredar has scheduled Carter’s sentencing for August 21, 2019, at 2:30 p.m.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the FBI, the Prince George’s County Police Department, the Annapolis Police Department, the Anne Arundel County Police Department, the Montgomery County Police Department, the Howard County Police Department, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Paul A. Riley and Brandon K. Moore, who prosecuted the case.
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KC Man Sentenced to 10 Years for Illegal Firearm Used in Two ShootingsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for illegally possessing the firearm he used in two shootings.
Marcus D. Mack, 32, was sentenced by U.S. District Judge Roseann Ketchmark to 10 years in federal prison without parole, which is the statutory maximum penalty for this offense.
On Dec. 3, 2018, Mack pleaded guilty to being a felon in possession of a firearm.
Mack was under surveillance after being identified in two separate shootings that occurred at a gas station on 10th Street on June 4, 2018, and at an apartment on June 5, 2018. In addition, Mack had active warrants for his arrest. On June 6, 2018, Kansas City police detectives followed him to a gas station on Prospect Avenue, where he got out of his vehicle and got into the rear passenger’s seat of a Buick Regal. Police officers attempted to stop the Buick to arrest Mack. The driver of the Buick attempted to flee through the parking lot of the gas station but eventually stopped and Mack was arrested. Officers searched the vehicle and found a loaded Glock 10mm semi-automatic handgun wrapped up in a jacket, lying on the rear floorboard where Mack had been sitting. DNA analysis concluded that Mack was a major contributor of the DNA located on the firearm.
Under the terms of his plea agreement, Mack also must plead guilty to Jackson County charges of assault and armed criminal action.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Mack has three prior felony convictions for armed criminal action, and prior felony convictions for robbery, attempted robbery, and assault.
This case was prosecuted by Assistant U.S. Attorney Matthew Moeder. It was investigated by the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. 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.KC Man Pleads Guilty to Filing False Tax ReturnsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man pleaded guilty in federal court today to filing a false tax return.
Ashwini Kumar, 54, waived his right to a grand jury and pleaded guilty before U.S. District Judge Gary A. Fenner to a federal information that charges him with one count of filing a false tax return.
By pleading guilty today, Kumar admitted that he filed false tax returns for 2014, 2015, and 2016. Kumar filed a tax return for the year 2014 in which he falsely claimed $32,000 in taxable business income, when he knew his true taxable business income was $174,996. Kumar filed a tax return for the year 2015 in which he falsely claimed $19,218 in taxable business income, when he knew his true taxable business income was $157,596. Kumar filed a tax return for the year 2016 in which he falsely claimed $26,081 in taxable business income, when he knew his true taxable business income was $173,421.
The false tax returns filed by Kumar for those three years resulted in a total tax loss to the government of $136,277. This does not include interest or penalties that may be assessed by the IRS. After the federal investigation was initiated Kumar paid $136,277 in restitution to the IRS.
According to today’s plea agreement, those tax returns were utilized in relation to the filing of false Pell Grant applications from 2014-2018.
Under federal statutes, Kumar is subject to a sentence of up to three years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by IRS-Criminal Investigation.
Justice Department Observes National Crime Victims’ Rights Week with Events Throughout the CountryRead the Press Release
Memphis, TN – In observance of this week as National Crime Victims’ Rights Week, the United States Attorney’s Office for the Western District of Tennessee will join with service providers and community members to honor victim advocates who have shown special commitment to helping crime victims.
"Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm," said Attorney General William P. Barr. "During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured."
U.S. Attorney D. Michael Dunavant said, "The dedicated men and women at the U.S. Attorney’s Office are committed to the highest ideals of justice and fairness. We know that in representing this great nation, we must give our best efforts to fight against the evil of violent crime; to pursue the guilty and protect the innocent; and to always treat all victims with respect, compassion, sensitivity, patience, protection, and support, so that their voices will be heard, and the system will achieve justice for them in the best way possible."
Each year in April, the Department of Justice and United States Attorneys’ offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorneys’ offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 7-13, with the theme: Honoring Our Past. Creating Hope for the Future.
The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C. on April 12, 2019, to honor outstanding individuals and programs that serve victims of crime.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Victim Witness Program at (901)544-4231.
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Justice Department Observes National Crime Victims’ Rights Week with Events Throughout the CountryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania joins with the Justice Department to raise public awareness of victims’ rights in observance of National Crime Victims’ Rights Week, April 7-13, 2019.
Every year, millions of Americans are affected by crime. According to the most recent Bureau of Justice Statistic’s National Crime Victimization Survey, U.S. residents age 12 or older experienced 3.1 million violent victimizations and U.S. households experienced an estimated 13.3 million property crimes in 2017.
“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured."
“There is no greater honor for a prosecutor than to stand up and speak on behalf of victims of crime, or for those who can no longer speak for themselves,” said U.S. Attorney David J. Freed. “Far too often, the focus in our criminal justice system is on the accused and voices of victims go unheard. It is our duty to make sure that never happens. In the past few days, I have again had the opportunity to spend time with family members of opioid overdose victims, a group that remains far too large in the Middle District. Their grace in the face of tragedy and their commitment to helping save others from a similar fate continues to provide motivation for our team. We are proud to stand with and for victims of crime.”
Each year in April, the Department of Justice and United States Attorneys’ offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorneys’ offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 7-13, with the theme: Honoring Our Past. Creating Hope for the Future.
The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C. on April 12, 2019, to honor outstanding individuals and programs that serve victims of crime.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Middle District of Pennsylvania’s Victim Witness Program at (717) 221-4482.
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Justice Department Files Lawsuit Against Warren County, North Carolina, Board of Education to Enforce the USERRA Rights of a United States Army ReservistRead the Press Release
The Department of Justice announced that it filed a complaint today in federal court against the Warren County, North Carolina, Board of Education (Warren County), to protect rights guaranteed to an Army Reservist, Command Sergeant Major Dwayne Coffer (CSM Coffer), by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The announcement was made by Assistant Attorney General Eric Dreiband of the Civil Rights Division and U.S. Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina.
CSM Coffer’s job as Dean of Students at Warren County Middle School was eliminated while he was on active duty. According to the lawsuit, Warren County violated USERRA by demoting him to Physical Education Teacher at Northside Elementary School instead of reemploying him in job that is comparable to Dean of Students.
“The freedoms we enjoy as Americans are dependent on the selfless duties performed by members of our Armed Forces,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “When our Country calls servicemembers to duty, its laws, enforced by the Department of Justice, protect their civilian jobs.”
“The Uniformed Services Employment and Reemployment Rights Act protects the brave men and women who serve our Country, and the Department of Justice is committed to enforcing USERRA when it is violated,” said U.S. Attorney Higdon. “Members of the Army Reserve, like Sergeant Major Dwayne Coffer, are often called away from their civilian jobs in order to provide the security upon which our nation depends. They should not have to fear losing their jobs when they answer that call.”
The Complaint seeks to reinstate CSM Coffer into a proper reemployment position and recover CSM Coffer’s lost wages and other benefits and other remedies. In 2012, the United States Department of Justice sued Warren County when it failed to renew the employment contract of CSM Coffer following a different period of military service.
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the U.S. Department of Labor, at CMS Coffer’s request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Deborah Birnbaum in the Employment Litigation Section of the Department of Justice’s Civil Rights Division and Assistant U.S. Attorney Mike James in the U.S. Attorney’s Office for the Eastern District of North Carolina.
Justice Department Files Lawsuit Against Warren County, North Carolina, Board of Education to Enforce the USERRA Rights of a United States Army ReservistRead the Press Release
RALEIGH – The Department of Justice announced that it filed a complaint today in federal court against the Warren County, North Carolina, Board of Education (Warren County), to protect rights guaranteed to an Army Reservist, Command Sergeant Major Dwayne Coffer (CSM Coffer), by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The announcement was made by Assistant Attorney General Eric Dreiband of the Civil Rights Division and U.S. Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina.
CSM Coffer’s job as Dean of Students at Warren County Middle School was eliminated while he was on active duty. According to the lawsuit, Warren County violated USERRA by demoting him to Physical Education Teacher at Northside Elementary School instead of reemploying him in job that is comparable to Dean of Students.
“The freedoms we enjoy as Americans are dependent on the selfless duties performed by members of our Armed Forces,” said Dreiband. “When our Country calls servicemembers to duty, its laws, enforced by the Department of Justice, protect their civilian jobs.”
Higdon explained, “The Uniformed Services Employment and Reemployment Rights Act protects the brave men and women who serve our Country, and the Department of Justice is committed to enforcing USERRA when it is violated. Members of the Army Reserve, like Sergeant Major Dwayne Coffer, are often called away from their civilian jobs in order to provide the security upon which our nation depends. They should not have to fear losing their jobs when they answer that call.”
The Complaint seeks to reinstate CSM Coffer into a proper reemployment position and recover CSM Coffer’s lost wages and other benefits and other remedies. In 2012, the United States Department of Justice sued Warren County when it failed to renew the employment contract of CSM Coffer following a different period of military service.
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra and and www.justice.gov/servicemembers as well as on the Department of Labor's (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the U.S. Department of Labor, at CMS Coffer’s request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Deborah Birnbaum in the Employment Litigation Section of the Department of Justice’s Civil Rights Division and Assistant U.S. Attorney Mike James in the U.S. Attorney’s Office for the Eastern District of North Carolina.
Justice Department Continues Enforcement Against Tax CrimesRead the Press Release
The deadline for filing federal income tax returns is fast approaching and nationwide tax season is in full force.
During this hectic time of year, the Department of Justice’s Tax Division takes a moment to remind the public that year round, tax enforcement efforts are continually underway across the country. The Tax Division in collaboration with U.S. Attorney’s Offices and the Internal Revenue Service (IRS) investigates and prosecutes individuals and corporations across a wide spectrum of occupation and industry.
“Filing a tax return and paying taxes are serious acts and willfully filing false and fraudulent tax returns and deliberately evading paying taxes are criminal acts,” said Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. “During tax season and every season, the Tax Division is committed to achieving justice through the prosecution of those who choose to engage in tax crimes.”
Throughout the past year, federal prosecution of tax crime has included a range of income levels -- professionals, small business owners and wage earners -- and encompassed a broad spectrum of tax crimes from offshore fraudulent tax activity to employment tax fraud to identity theft. Tax enforcement efforts are ongoing. The Tax Division and its partners remain vigilant in the fight against tax crime.
Recent Tax Prosecutions of Individuals
- In April 2019, a Houston, Texas, man was sentenced to 360 months in prison for multiple conspiracy and tax crimes, including corporate tax evasion. The defendant engaged in the fraudulent sale of second-hand prescription drugs and tax crimes. The court imposed a criminal forfeiture money judgment of $20,326,464.17 and ordered $716,986 in restitution to the IRS.
- In April 2019, a District of Columbia woman was sentenced to 54 months in prison for conspiring to defraud the United States and commit theft of public money and aggravated identity theft. She engaged in a fraudulent tax refund scheme and was ordered to pay $1,806,876.66 in restitution to the IRS.
- In March 2019, a Salinas, California, woman was sentenced to 60 months in prison for conspiring to file false income tax returns and bank fraud. She was ordered to pay $1,641,610 in restitution to the IRS.
- In January 2019, a Union, South Carolina, mechanic was sentenced to 36 months in prison for wire fraud and filing a false income tax return. After creating a false invoice scheme, he embezzled money from his employer and failed to report the income on his tax returns. He was ordered to pay $1,941,377.32 in restitution.
- In November 2018, a Farmington, Michigan, trucking business owner was sentenced to 33 months in prison for wire fraud and willfully failing to file a tax return. The court ordered restitution of $2,919,265 to a third party victim and $142,069 to the IRS.
- In October 2018, a former IRS-Criminal Investigation special agent was sentenced to 51 months in prison for filing false tax returns, obstruction of justice, and stealing government money. A federal jury in the Eastern District of California convicted the defendant, who was also a CPA.
Recent Employment Tax Prosecutions
- In March 2019, a Raleigh, North Carolina, mental health executive was sentenced to 30 months in prison for failing to report and pay almost $1.7 million in employment taxes to the IRS.
- In November 2018, a Collinsville, Virginia, pharmacist was sentenced to 41 months in prison for failing to pay over more than $5 million in employment taxes to the IRS. The defendant spent the money owed to the United States on a Jeep Grand Cherokee, a jet ski, stock market investments and real property.
- In June 2018, a former Virginia Software Company CEO was sentenced to 21 months in prison for conspiring to defraud the government of more than $1.8 million in payroll taxes. Along with his co-conspirator, he also failed to remit the full amount of employee retirement contributions to the company’s retirement plan.
Recent Prosecutions Involving Offshore Banking
- In March 2019, one of the largest Israeli banks, Mizrahi-Tefahot Bank Ltd., and two of its subsidiaries, United Mizrahi Bank (Switzerland) Ltd. and Mizrahi Tefahot Trust Company Ltd., entered a deferred prosecution agreement (DPA) with the Department of Justice. Mizrahi-Tefahot Bank Ltd. paid $195 million to the United States as a direct result of its role in defrauding the United States, specifically the IRS, by conspiring with U.S. taxpayer-customers and enabling U.S. taxpayers to hide income and assets from the IRS.
- In October 2018, a Scottsdale, Arizona man, who managed a resort with family members in Pagosa Springs, Colorado, was sentenced to 18 months in prison for filing a false tax return underreporting his income and omitting $9.7 million in investment income from two offshore bank accounts in Liechtenstein
More information about the Tax Division’s enforcement efforts in these and other areas can be found on the division’s website.
Justice Department Awards over $1.1 Million to Ponca Tribe for Domestic Violence Victim ServicesRead the Press Release
OKLAHOMA CITY – The Office for Victims of Crime, part of the Department of Justice’s Office of Justice Programs, has awarded the Ponca Tribe of Indians of Oklahoma $1,105,966 to expand services to victims of domestic violence, sexual assault, dating violence, and stalking, announced First Assistant U.S. Attorney Robert J. Troester. Funding will support training, equipment for Sexual Assault Nurse Examiner exams, two contracted SANE nurses, a contract for legal aid services, and emergency assistance for victims.
This grant to the Ponca Tribe is part of more than $9.4 million in grants announced by the Department of Justice today to support crime victims in Native American communities in eight states: Alaska, California, Maine, Michigan, New Mexico, New York, Oklahoma, and Washington. The group of 16 awards is the fourth in a series of grants being made by the Office for Victims of Crime to American Indian and Alaska Native communities. The Department of Justice has now awarded more than $26 million of nearly $100 million to support tribal victim service programs.
The awards—46 in total so far—will fund critical crime victim services, such as counseling, transitional housing, emergency services, and transportation. They are supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The fund includes zero tax dollars.
"American Indian and Alaska Native communities face extensive public safety challenges, but through creative approaches that combine traditional methods with innovative solutions, they are demonstrating their determination to meet the needs of victims in their communities," said Principal Deputy Assistant Attorney General Matt M. Dummermuth of the Office of Justice Programs ("OJP"). "These grants, part of historic levels of funding awarded by the Department of Justice to American Indian and Alaska Native communities, will provide significant resources to bring critical services to those who suffer the effects of crime and violence."
According to OJP’s Bureau of Justice Statistics, American Indians and Alaska Natives experience violent crime at rates far greater than the general population.
"The U.S. Attorney’s Office is proud to assist state, local, and tribal officials in reducing domestic violence in Oklahoma," said Mr. Troester. "These federal funds for the Ponca Tribe further our goal of making Oklahomans safe from domestic abusers."
Nearly 170 tribes are expected to receive funding this spring to help their communities support crime victims over the next three years. In addition to the Ponca Tribe, the following tribes are receiving grant awards today for victim services:
- The Aleutian Pribilof Islands Association, Inc. (Alaska)
- The Iipay Nation of Santa Ysabel (California)
- The Nooksack Indian Tribe (Washington)
- The Nottawaseppi Huron Band of the Potawatomi (Michigan)
- The Orutsararmiut Native Council (Alaska)
- The Peoria Tribe of Indians of Oklahoma (Oklahoma)
- The Pleasant Point Passamaquoddy Tribe (Maine)
- The Port Gamble S’Klallam Tribe (Washington)
- The Pueblo of Isleta (New Mexico)
- The Pueblo of Nambe (New Mexico)
- The Pueblo of Pojoaque (New Mexico)
- The Sitka Tribe of Alaska (Alaska)
- The St. Regis Mohawk Tribe (New York)
- Sault Ste. Marie Tribe of Chippewa Indians (Michigan)
- The Southcentral Foundation (Alaska)
"American Indian and Alaska Native crime victims continue to face challenges in accessing vital services and resources needed to help survivors address their trauma and navigate a complex system,” said Office for Victims of Crime Director Darlene Hutchinson. “The Justice Department has made it a priority to partner with tribes to help victims and their families rebuild their lives in the aftermath of violence."
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants, and resources to improve the nation’s capacity to prevent and reduce crime, assist victims, and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Announces Publication of White Paper on the CLOUD ActRead the Press Release
The Department announced today the public release of a white paper on the Clarifying Lawful Overseas Use of Data Act, known as the CLOUD Act. The CLOUD Act was enacted in March 2018 and updates the legal framework for how law enforcement authorities may request electronic evidence needed to protect public safety from service providers while respecting privacy interests and foreign sovereignty.
“Our collective safety and security depends on our ability to maintain lawful and efficient access to electronic evidence, and the CLOUD Act offers a sorely-needed solution to that challenge,” said Deputy Attorney General Rod Rosenstein. “As today’s white paper makes clear, the Department will be proactive in working, both in the United States and abroad, to promote greater understanding and appreciation of what the CLOUD Act accomplishes. We look forward to working with our trusted foreign law enforcement partners on CLOUD agreements that will make all our citizens safer.”
The CLOUD Act has two distinct parts. First, the Act authorizes the United States to enter into bilateral agreements to facilitate the ability of trusted foreign partners to get the electronic evidence they need to combat serious crimes. In order to qualify under the Act, a partner country must adhere to baseline rule-of-law, privacy, and civil liberties protections. Through bilateral agreements, each country would agree to lower the legal barriers that prevent their communication service providers from complying with qualifying lawful orders for electronic data issued by the other country. By dropping legal barriers, each country could serve its legal process – like search warrants – directly on the providers of the other country, dramatically increasing speed and efficiency compared with existing methods of transferring electronic evidence.
Second, the CLOUD Act makes explicit in U.S. law the established principle – longstanding in both the United States and in many foreign countries – that a company subject to our jurisdiction can be required to produce data within its custody and control, regardless of where it chooses to store that data at any point in time. This provision simply codified what had been the law and practice prior to the 2016 Microsoft decision by a court of appeals, and ensured that the United States continued to be in compliance with its obligations under the Budapest Cybercrime Convention, which requires all member states to have the power to compel providers in their territory to disclose electronic data in their control, no matter where stored. The CLOUD Act provision did not alter whether or not a provider is subject to U.S. jurisdiction, nor did it give U.S. law enforcement any new authority to acquire data.
The white paper released today, Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act, was compiled with the input of components across the Department, including attorneys from the Criminal Division and the National Security Division. The white paper describes the interests and concerns that prompted the enactment of the CLOUD Act and provides a concise point-by-point distillation of the effect, scope, and implications of the Act, as well as answers to frequently asked questions.
For the full white paper, click here. On April 5, Deputy Assistant Attorney General Richard W. Downing delivered remarks on the CLOUD Act at the Academy of European Law Conference entitled “Prospects for Transatlantic Cooperation on the Transfer of Electronic Evidence to Promote Public Safety.” The remarks can be viewed here. The Department has created a resource page for CLOUD Act materials at www.justice.gov/CLOUDAct.
Jury Finds Bryant Man Guilty of Receiving, Distributing, Advertising, and Possessing Child PornographyRead the Press Release
LITTLE ROCK— A Bryant man has been convicted of five child pornography offenses, including receiving and attempting to distribute images of child pornography as well as advertising and possessing those images.
Cody Hiland, U.S. Attorney for the Eastern District of Arkansas, and Diane Upchurch, Special Agent in Charge of the FBI’s Little Rock Field Office, announced that a federal jury found Joseph Keck, Jr., 61, of Bryant, guilty of five separate counts of child pornography. Keck was convicted of receiving and attempting to distribute child pornography images through a peer-to-peer internet program. He was also convicted of advertising those images to other users and of possessing images of child pornography.
United States District Judge James M. Moody, Jr., presided over the two-day trial, which concluded Tuesday with the jury verdict finding Keck guilty on all counts. Keck will be sentenced by Judge Moody at a later date.
“This verdict shows that we will not tolerate this deplorable, criminal conduct,” said U.S. Attorney Hiland. “Child pornographers create a market for the sexual abuse of children, and we will continue to aggressively prosecute this conduct in order to protect society’s most vulnerable victims—our children.”
Testimony during the trial established that in 2016, the FBI learned that an individual was sharing child pornography over the internet from a residence in Bryant, Arkansas. Investigation revealed that Keck stayed at this residence when not working as a truck driver. On May 9, 2016, the defendant arrived at the residence in a white Astro van, and the FBI obtained his two laptop computers, his external hard drive, and his cell phone. Forensic examination revealed tens of thousands of pictures and videos of child pornography. Those devices also contained evidence that Keck had downloaded child pornography and saved it to his computer.
Trial testimony also indicated that Keck used a file sharing program called Gigatribe to exchange images and videos with other users. Through his twelve Gigatribe accounts, the defendant downloaded and shared tens of thousands of videos and images of child pornography. He also advertised the contents of his child pornography collection by offering his password to other Gigatribe users. Evidence at trial included Keck’s Gigatribe chat logs, in which he told other users his name was Joe, he was a truck driver, and he liked young boys ages 12-16.
The statutory penalty for advertisement of child pornography is not less than 15 years imprisonment and not more than 30 years imprisonment. The statutory penalty for receipt and distribution of child pornography, as well as attempted distribution, is not less than 5 years imprisonment and not more than 20 years imprisonment. For possession of child pornography, the statutory penalty is not more than 10 years imprisonment. Each of the five offenses of conviction include a penalty of not more than a $250,000 fine and not less than five years of supervised release.
The investigation was conducted by the FBI, and the case was prosecuted by Assistant United States Attorneys Kristin Bryant and Michael Gordon.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line at http://www.justice.gov/edarTwitter: @EDARNEWS
Indictment: Two Mexican Citizens Sold Heroin, Meth, Guns at KCK ResidenceRead the Press Release
KANSAS CITY, KAN. – Two Mexican citizens living in Kansas City, Kan., were indicted today on charges of selling heroin, methamphetamine and guns from their home, U.S. Attorney Stephen McAllister.
Pedro Daniel Torres-Caldera, 36, a citizen of Mexico, and Osmar Barraza-Caldera, 21, a citizen of Mexico, were indicted in an 18-count indictment that included charges of drug trafficking conspiracy; distribution of heroin, methamphetamine and oxycodone; unlawful possession of firearms; and maintaining a premises in furtherance of drug trafficking.
According to court documents, investigators made a series of undercover purchases from the defendants in transactions that took place at the defendants’ residence in Kansas City, Kan. On Feb. 1, 2019, for instance, an undercover officer paid the defendants $2,500 for an Anderson Manufacturing AM-15 rifle with a Spikes Tactical Launcher and a Trijicon ACOG Optic.
On March 13, 2019, investigators served a search warrant at the Locust address. They seized more than three pounds of black tar heroin and firearms.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Not less than 10 years in federal prison and a fine up to $10 million.
Distribution of heroin: Not more than 20 years and a fine up to $1 million.
Distribution of more than 5 grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Distribution of oxycodone: Up to 20 years and a fine up to $1 million.
Possession of an unregistered firearm: Up to 10 years and a fine up to $250,000.
Alien in possession of a firearm: Up to 10 years and a fine up to $250,000.
Distribution of more than 50 grams of methamphetamine: Not less than 10 years and a fine up to $10 million.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Maintaining premises in furtherance of drug trafficking: Up to 20 years and a fine up to $500,000.
The FBI and the Jackson County Drug Task Force investigated. Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney David Zabel are prosecuting.
OTHER INDICTMENTS
Tayler Charles Jones, 25, Kansas City, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 4, 2019, in Wyandotte County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Joseph M. Chavez, 33, is charged with escaping from federal custody at the Grossman Residential Reentry Center in Leavenworth, Kan. The crime is alleged to have occurred March 21, 2019.
If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Lionel Simpson, 21, Kansas City, Kan., is charged with seven counts of distributing crack cocaine, two counts of unlawful possession of a firearm in furtherance of drug trafficking and one count of distributing 28 grams or more of crack cocaine. The crimes are alleged to have occurred in February, March and April 2019 in Wyandotte County, Kan.
Upon conviction, the charges carry the following penalties:
Distributing crack cocaine (counts 1-5, 7 and 8): Up to 20 years in federal prison and a fine up to $1 million.
Possession of firearms in furtherance of drug trafficking (counts 6 and 10): Not less than five years consecutive to any other sentence imposed and a fine up to $250,000.
Distributing 28 grams or more of crack cocaine (count 9): Not less than five years and up to life imprisonment and a fine up to $5 million.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sheri Catani is prosecuting.
Ty Gene Stultz, 43, Shawnee, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of carrying a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred Oct. 12, 2018, in Wyandotte County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than 10 years and a fine up to $10 million.
Carrying a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Unlawful possession of a firearm following a felony conviction: Not less than 10 years and a fine up to $250,000.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Illegal Alien with History of Sexual Battery Guilty of Reentering U.S.Read the Press Release
ALEXANDRIA, Va. – An illegal alien with a criminal history that includes sexually assaulting a minor pleaded guilty today to illegally reentering the United States.
According to court documents, Nelson Aldama Alarcon, 38, was encountered by law enforcement while driving without a license and came up in the system as having failed to register as a sex offender. Alarcon pleaded guilty to sexual battery in February 2000 after sexually assaulting his roommate’s four-year-old child. Alarcon was deported at taxpayer expense in 2004.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington D.C., made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea. Assistant U.S. Attorney Carina A. Cuellar and Special Assistant U.S. Attorney Patrick Reid are 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. 1:19-cr-78.
Husband of Former Employee of New Jersey Bank Sentenced to 27 Months in Prison for Stealing Client Information and FundsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that two defendants have been sentenced to prison by U.S. District Judge Gregory H. Woods in connection with a scheme to steal client information and funds from a bank. SECONEY BROWN and ANTOINETTE MITCHELL-BROWN, who are married, previously pled guilty to participating in a conspiracy to commit bank fraud.
U.S. Attorney Geoffrey S. Berman said: “Antoinette Mitchell-Brown stole client information from a bank at which she was employed and, with the help of her husband, Seconey Brown, used that information in an attempt to steal hundreds of thousands of dollars from the bank customers. Now, they have been sentenced to prison.”
According to the allegations in the Indictment filed in connection with this case, other filings in Manhattan federal court, and statements made at the sentencing hearings in this case:
From September 2016 until December 2016, BROWN and MITCHELL-BROWN engaged in a scheme to fraudulently obtain funds from more than 25 accounts at Bank-1, at which MITCHELL-BROWN was then employed. In furtherance of the scheme, MITCHELL-BROWN stole victims’ bank account information from her employer and used that information to, among other things, write checks for thousands of dollars from victims’ accounts and initiate wire transfers from victims’ accounts to bank accounts controlled by members of the scheme. BROWN, among other things, paid members of the scheme or otherwise induced other individuals (some of whom provided unwitting assistance) to cash or deposit the fraudulent checks from MITCHELL-BROWN, and to provide the proceeds to BROWN, or, at BROWN’s direction, other individuals. In total, the defendants’ scheme fraudulently obtained almost $100,000 and attempted to obtain at least an additional $660,000.
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In addition to the prison term, BROWN, 26, of East Orange, New Jersey, was sentenced to 2 years of supervised release, and was ordered to pay $93,123.14 in restitution.
MITCHELL-BROWN, 42, of East Orange, New Jersey, was sentenced by Judge Woods on April 4, 2019, to 366 days in prison and two years of supervised release, and was ordered to pay $93,123.14 in restitution.
Mr. Berman praised the outstanding investigative work of the FDIC Office of Inspector General and the United States Postal Inspection Service. Mr. Berman also thanked U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the East Orange Police Department for their assistance in the investigation.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Louis A. Pellegrino and Robert B. Sobelman are in charge of the prosecution.
Huntsville Man Convicted on Multiple Counts of Tampering with Vehicle Odometers and Bank FraudRead the Press Release
Huntsville – A federal jury on Thursday, April 4, 2019, convicted a Huntsville man on multiple counts of tampering with vehicle odometers and three counts of bank fraud, announced U.S. Attorney Jay E. Town and U.S. Secret Service Special Agent in Charge Michael Williams.
Following a four day trial before U.S. District Judge Abdul K. Kallon, and only a 20-minute deliberation by the jury, Randy Eugene Greene, 62, was convicted of 11 counts of tampering with vehicle odometers and 3 counts of bank fraud. A sentencing date has been set before Judge Abdul K. Kallon on July 17, 2019.
Randy Eugene Greene, d/b/a RJ’s Auto Sales on South Memorial Parkway in Huntsville, was convicted by the jury of 11 counts of tampering with vehicle odometers and 3 counts of bank fraud. In the 11 counts related to odometer tampering, the offenses occurred between approximately October 1, 2014, and November 2, 2016. The largest discrepancy in the changed odometer reading was approximately 218,678 miles. The average discrepancy in the mileage on the odometers for the various vehicles was 122,046 miles. In the three counts related to Bank Fraud, Greene engaged in a scheme to defraud Redstone Federal Credit Union. The fraud occurred when the credit union financed three of the vehicles on which the odometers had been changed. Greene was served with a notice of forfeiture related to the bank fraud counts, which includes but is not limited to a money judgement in the amount of $28,000.
During the trial, the government presented testimony from the eleven victims who purchased the vehicles from Greene and his business. All said that they would not have bought the vehicles or would not have paid what they did had they known the true mileage on the vehicles. The government also presented evidence from auto auction dealers who testified about the mileage that was on the vehicles when they were originally sold to Greene. Witnesses, as well as Greene, who took the witness stand, said that changing odometer readings is a clear violation of federal law.
“This type of economic fraud hurts both consumers and financial institutions,” Town said. “Our investigators and prosecutors will continue to protect the public from fraud whenever it occurs so that they have confidence when making vehicle purchases, what is traditionally the second largest consumer purchase Americans make. This conviction reinforces the message to every individual who would engage in this kind of thieving behavior for personal gain that the United States Attorney’s Office will bring the weight of a federal prosecution upon them and make their victims whole.”
“It is very important that consumers and financial institutions know that the vehicle being purchased from any auto dealership represents the true odometer reading,” Williams said. “If you have purchased a vehicle from RJ’s Auto Sales of Huntsville within the last five years and believe you are a victim of odometer rollback fraud, please contact the U.S. Secret Service at 256-922-5408.”
Tampering with an odometer carries a maximum 3-year prison sentence and a maximum $250,000 fine.
Bank fraud carries a maximum penalty of 30 years in prison and a maximum $1,000,000 fine.
The U.S. Secret Service investigated the case, which Assistant United States Attorneys Russell E. Penfield and Leann White prosecuted.
Hamden Man Indicted on Federal Firearm and Narcotics ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned a four-count indictment charging CLEMENTE HOLMES, also known as “Cavali” and “Vali,” 29, of Hamden with firearm and narcotics offenses.
The indictment was returned on March 28. Holmes appeared today before U.S. Magistrate Judge William I. Garfinkel in Bridgeport pleaded not guilty to the charges.
As alleged in court documents and statements made in court, in January 2019, law enforcement made two controlled purchases of narcotics from Holmes at his Goodrich Street residence. On January 22, 2019, investigators conducted a court-authorized search of Holmes’ residence and seized distribution quantities of fentanyl, heroin and crack cocaine, as well as a loaded 9mm handgun. Holmes was arrested on state charges on that date.
In February 2019, investigators made a controlled purchase of crack cocaine from Holmes, who had posted bond after his state arrest.
Holmes was arrested on a federal criminal complaint on February 26, 2019. At the time of Holmes’ arrest, a search of his residence revealed more heroin packaged for distribution.
It is further alleged that, in 2012, Holmes was convicted in state court of sale of narcotics and possession pistol without a permit.
The indictment charges Holmes with one count of possession of a firearm by a previously convicted felon, an offense that carries a maximum term of imprisonment of 10 years; one count of possession of heroin, fentanyl and cocaine base (“crack”) with intent to distribute, an offense that carries a maximum term of imprisonment of 20 years; one count of possession of heroin with intent to distribute, an offense that carries a maximum term of imprisonment of 20 years; and one count of possession of a firearm in furtherance of a drug trafficking crime, an offense that carries maximum term of life imprisonment.
Holmes has been detained since his federal arrest.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation’s New Haven Safe Streets Gang Task Force and the East Haven, Hamden and New Haven Police Departments. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
Greenville Man Sentenced to 10 Years in Murder for HireRead the Press Release
Greenville, South Carolina-------United States Attorney Sherri A. Lydon announced today that Travis Dale Brady, age 36, of Greenville, South Carolina, was sentenced in federal court in Greenville after pleading guilty to a murder for hire charge. United States District Judge Bruce H. Hendricks sentenced Brady to the statutory maximum term of 120 months in federal prison, followed by court-ordered supervision. There is no parole in the federal system.
Evidence presented to the court established that Brady was terminated from his employment with a Greenville business in 2016. In 2017, he began to make comments and plans indicating that he wanted to seek revenge on those he deemed responsible for his job loss. As Brady made contact with various persons, the Federal Bureau of Investigation (FBI) was notified and initiated an investigation. During an approximately year-long investigation, Brady met with undercover FBI agents and confidential sources with whom he discussed plans that initially involved setting off a truck bomb at a business site of his former employer, but later evolved into sending a mail bomb to the home of a couple he deemed most responsible for his firing. During the investigation, Brady sought the assistance of his colleagues. Unknown to Brady at the time, those colleagues were undercover FBI agents and confidential sources. The plan culminated on March 15, 2018, after Brady ordered a mail bomb from an undercover operative and then paid $100 to have the bomb placed in the mail. It was Brady’s intent to have the bomb “exterminate” the couple. Agents from the FBI then arrested Brady.
The case was investigated by the Federal Bureau of Investigation (FBI). It was prosecuted by Assistant United States Attorney Max Cauthen of the Greenville office.
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Greenville Man Looking to Join ISIS Sentenced to 10 Years in Federal Prison on Gun ChargeRead the Press Release
Greenville, South Carolina-------United States Attorney Sherri A. Lydon announced today that Michael Bruce Messer, Jr., age 51, of Greenville, South Carolina, was sentenced in federal court in Greenville after pleading guilty to being a felon in possession of a firearm. United States District Judge Bruce H. Hendricks sentenced Messer to the statutory maximum term of 120 months in federal prison, followed by court-ordered supervision. There is no parole in the federal system.
Evidence presented to the court established that on April 11, 2018, Agents from the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) went to Messer’s residence to meet with him. While there, they recovered a .38 caliber pistol. Then on May 9, 2018, Special Agents of the FBI and ATF returned to the residence with a search warrant and recovered another .38 caliber pistol, .38 caliber ammunition, and assorted items related to ISIS. During their investigation, the FBI had determined that Messer had posted a message in an online forum that he was interested in joining ISIS and volunteering to be a suicide bomber.
Federal law prohibits Messer from possessing firearms based upon his prior state and federal convictions running from 1986 to 2018. Messer’s prior convictions include grand larceny, burglary, forgery, and possession of a firearm by a felon.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation 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. Assistant United States Attorney Max Cauthen of the Greenville office prosecuted the case.
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Freeport Man Sentenced to 15 Years in Federal Prison on Drug Trafficking ChargeRead the Press Release
ROCKFORD — A Freeport man was sentenced Tuesday by U.S. District Judge Frederick J. Kapala on a federal drug trafficking charge.
FRANK HOWARD, 36, was sentenced to 15 years in prison, to be followed by three years of supervised release.
The sentencing was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; Leo P. Schmitz, Director of the Illinois State Police; and Todd Barkalow, Freeport Police Chief. The investigation was conducted by the Rockford Area Violent Gang Task Force, the Stateline Area Narcotics Team ("SLANT"), and the Freeport Police Department. The Rockford Area Violent Gang Task Force is led by the FBI and includes members of the Rockford, Loves Park, and Freeport Police Departments. SLANT is a task force led by the Illinois State Police. The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
Howard pleaded guilty on Dec. 18, 2018, to possessing cocaine with the intent to distribute. In a written plea agreement, Howard admitted that on April 26, 2018, he drove to Chicago from Freeport and picked up cocaine from a source of supply. As Howard was driving the cocaine back to Freeport to sell to customers, he was stopped by law enforcement on Interstate 90 near Rockford. With the assistance of a K-9 unit, law enforcement officers discovered approximately 126 grams of cocaine in Howard’s vehicle.
Howard also admitted in the plea agreement that during the same time period, he sold cocaine on four occasions to an individual who, unbeknownst to Howard, was a confidential informant working with law enforcement.
Four Texas Men Charged with Bribery ConspiracyRead the Press Release
Four Texas men, including a former Weslaco City Commissioner and a former Hidalgo County Commissioner, were charged today in a 74-count superseding indictment that alleges the four men conspired with others to pay bribes to two Weslaco City Commissioners.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick for the Southern District of Texas, Special Agent in Charge Christopher Combs of the FBI San Antonio Office and Acting Special Agent in Charge Sarah Kull of the IRS Criminal Investigation (CI) Houston Field office, made the announcement.
The indictment filed in the Southern District of Texas yesterday charges former Weslaco City Commissioner John F. Cuellar, 56, and Richard Quintanilla, 51, both of Weslaco, Texas; former Hidalgo County Commissioner Arturo C. Cuellar Jr., 65, of Hidalgo County, Texas; and Daniel J. Garcia, 40, of Rio Grande City, Texas. They allegedly conspired to bribe and bribed John Cuellar, 56, of Weslaco, Texas and another Weslaco City Commissioner – Gerardo Tafolla, 52, of Weslaco, Texas, in exchange for official actions favorable to three engineering companies. Tafolla pleaded guilty to one count of federal program bribery on April 8, 2019, before the Honorable Micaela Alvarez of the Southern District of Texas.
According to the superseding indictment, from approximately March 2008 through December 2015, Leonel J. Lopez, 52, of Starr County, Texas, received approximately $4.1 million from two engineering companies and shared approximately $1.398 million with Cuellar Jr. Lopez pleaded guilty to one count of federal program bribery on March 22, 2019, before the Honorable Ricardo H. Hinojosa of the Southern District of Texas. The superseding indictment further alleges that Cuellar Jr. used a company he controlled to pay Cuellar approximately $405,000, disguised as legitimate legal expenses. In exchange for these payments, Cuellar allegedly took several official actions to benefit the three construction companies, including the award of a $38.5 million contract to rehabilitate Weslaco’s water treatment plant. The superseding indictment also alleges that Lopez paid additional bribes through Quintanilla to Tafolla, according to the allegations.
The superseding indictment further alleges that Lopez and Cuellar Jr. enlisted Garcia, an attorney, to launder approximately $90,000 in bribe payments to Cuellar through Garcia’s interest on lawyers trust account.
An indictment contains only allegations. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
FBI and IRS-CI conducted the investigation. Trial Attorneys Peter M. Nothstein and Jessica C. Harvey of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Roberto Lopez Jr. of the Southern District of Texas are prosecuting the case.
Four Members and Associates of Staten Island “Paybacc Crips” Charged with Armed Kidnapping and RobberyRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Allan Floyd and Edward Gotay, alleged members of the Paybacc Crips street gang, and alleged gang associates Barin Brown and Jason Crowder with an armed kidnapping and Hobbs Act robbery involving three victims, including a 16-month-old child. Crowder was arrested this morning, and is scheduled for his initial appearance this afternoon before United States Magistrate Judge Lois Bloom. Brown, Floyd and Gotay were previously arrested, and have been detained pending trial.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges and arrests.
“As alleged in the complaint, the defendants brazenly committed a gunpoint kidnapping and robbery in broad daylight, with complete disregard for the well-being of a child caught in the middle of the violent crime,” stated United States Attorney Donoghue. “This Office and our partners in the ATF and the NYPD Joint Robbery Task Force will continue to target criminal gangs and their members who threaten the safety of our communities.” Mr. Donoghue expressed his thanks to the United States Marshals Service for their assistance in the case.
“As alleged, the defendants committed brazen acts of violence that victimized several individuals including a 16-month-old child,” stated ATF Special Agent-in-Charge Devito. “ATF along with its partners remain singularly focused on eliminating the threat to public safety that violent gangs and armed violent offenders pose for their communities. I would like to thank the members of the ATF/ NYPD Joint Robbery Task Force who work tirelessly each day to bring the most violent individuals to justice. I would also like to thank the United States Attorney’s Office for their work in prosecuting this case.”
“Identifying and dismantling gangs and crews, and preventing the violence they cause, is paramount to the NYPD’s mission to ensure that New Yorkers in every neighborhood are not only safe, but feel safe too,” said NYPD Commissioner O’Neill. “I thank and commend the NYPD investigators, as well as our partners at the ATF and the Office of the U.S. Attorney for the Eastern District, for their efforts in bringing these individuals to justice.”
According to court documents, Brown, Crowder, Floyd and Gotay surprised their victims who believed they were meeting Brown for a marijuana sale at Slaight Street and Nicholson Avenue on Staten Island. After arriving at the location, the defendants ordered Victim-1 and his fiancée (Victim-2) out of their car at gunpoint, and demanded money and jewelry. Victim-2 then explained that a child was in the back seat of the car. Floyd ordered the victims, “Get in the back seat we are not doing this here.” While Floyd continued to point his gun at the Victim-1’s head, Gotay entered the car and drove to the couple’s shared residence. Once at the residence, Crowder, Floyd and Gotay donned latex gloves and robbed the victims of money, marijuana, jewelry and collector Michael Jordan sneakers.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of the kidnapping charges, Brown, Crowder, Floyd and Gotay face up to life in prison, and a mandatory minimum of 20 years’ imprisonment for the kidnapping of a minor.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney Phil Selden is in charge of the prosecution.
The Defendants:
BARIN BROWN (also known as “Scruff”)
Age: 28
Staten Island, New YorkJASON CROWDER (also known as “Jason Ortiz”)
Age: 29
Staten Island, New YorkALLAN FLOYD (also known as “Rugar Richmond Ace”)
Age: 28
Staten Island, New YorkEDWARD GOTAY (also known as “Younggod Edde”)
Age: 28
Staten Island, New YorkE.D.N.Y. Docket No. 19-MJ-181 (SLT); 19-MJ-198 (JO)
Fort Myers Man Sentenced to Twenty Years for Receiving and Possessing Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Kenneth Minnick (43, Fort Myers) to 20 years in federal prison for receiving and possessing images and videos depicting the sexual abuse of children.
Minnick had pleaded guilty on December 12, 2018.
According to court documents, between September 16 and October 25, 2016, the FBI downloaded multiple child pornography files from an Internet Protocol address associated with Minnick’s residence. On December 9, 2016, the FBI and local law enforcement executed a search warrant on Minnick’s home and seized his computer and two flash drives. A forensic analysis of the devices revealed 253 images and 13 videos of child pornography. Some of the images and videos depicted infants, toddlers and pre-school age children engaging in sex acts.
"Together with our federal, state and local law enforcement partners, we are taking action to protect our children from sexual exploitation and abuse," said Eric Sporre, Special Agent in Charge of the FBI Tampa Division. "I would like to thank all the investigators, attorneys and other professional staff who do this difficult but extremely important work."
This case was investigated by the FBI’s Innocent Images Task Force in Fort Myers, which includes the Charlotte County Sheriff’s Office, the Lee County Sheriff’s Office, the Sarasota Police Department, the Cape Coral Police Department, and the Bradenton Police Department. The New York Police Department also assisted with this case. It was prosecuted by Assistant United States Attorneys Charlie D. Connally and Jennifer Peresie.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Warren County, New Jersey, Man Convicted of Receiving and Possessing Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. – A former Warren County, New Jersey, man has been convicted of receiving and possessing images of child sexual abuse, U.S. Attorney Craig Carpenito announced today.
Derrick Baer, 36, formerly of Pohatcong, New Jersey, was convicted April 9, 2019, of one count of receiving child pornography and one count of possessing child pornography following a six-day trial before U.S. District Judge Claire C. Cecchi in Newark federal court.
According to documents filed in this case and the evidence at trial:
In May 2010, in connection with an investigation into a suspicious death at Baer’s residence, law enforcement obtained Baer’s consent to seize computer equipment from the residence. That equipment contained at least 348 images and 33 video files of child sexual abuse.
The receipt of child pornography count is punishable by a maximum potential penalty of 20 years in prison, a minimum penalty of five years in prison, and a fine of $250,000. The possession count is punishable by a maximum potential sentence of 10 years in prison. Sentencing is scheduled for July 23, 2019.
U.S. Attorney Carpenito credited special agents of the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the Pohatcong Township Police Department, under the direction of Chief Scott Robb; the N.J. Regional Computer Forensics Lab; and the Warren County Prosecutor’s Office, under the direction of Prosecutor Richard T. Burke, with the investigation leading to the conviction.
The government is represented by Assistant U.S. Attorneys David W. Feder and Lyndsay Ruotolo of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Michael N. Pedicini Esq., Chatham, New Jersey
Former Officials Indicted in Weslaco Bribery ConspiracyRead the Press Release
McALLEN, Texas – A McAllen grand jury has returned a 74-count superseding indictment against four local men alleging they conspired with others to pay bribes to two Weslaco City Commissioners.
U.S. Attorney Ryan K. Patrick made the announcement along with Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Christopher Combs of the FBI San Antonio Office and Acting Special Agent in Charge Sarah Kull of IRS-Criminal Investigation (CI) Houston Field office.
The indictment filed in the Southern District of Texas yestrday charges former Weslaco City Commissioner John F. Cuellar, 56, and Richard Quintanilla, 51, both of Weslaco; former Hidalgo County Commissioner Arturo C. Cuellar Jr., 65, of Hidalgo County; and Daniel J. Garcia, 40, of Rio Grande City. They allegedly conspired to bribe and bribed John Cuellar, 56, of Weslaco, and another Weslaco City Commissioner – Gerardo Tafolla, 52 of Weslaco - in exchange for official actions favorable to three engineering companies. Tafolla pleaded guilty to one count of federal program bribery on April 8, 2019, before the Honorable Micaela Alvarez of the Southern District of Texas.
According to the superseding indictment, from approximately March 2008 through December 2015, Leonel J. Lopez, 52, of Starr County, received approximately $4.1 million from two engineering companies and shared approximately $1.398 million with Cuellar Jr. Lopez pleaded guilty to one count of federal program bribery on March 22, 2019, before the Honorable Ricardo H. Hinojosa of the Southern District of Texas.
The superseding indictment further alleges that Cuellar Jr. used a company he controlled to pay Cuellar approximately $405,000, disguised as legitimate legal expenses. In exchange for these payments, Cuellar allegedly took several official actions to benefit the three construction companies, including the award of a $38.5 million contract to rehabilitate Weslaco’s water treatment plant. The superseding indictment also alleges Lopez paid additional bribes through Quintanilla to Tafolla, according to the allegations.
The superseding indictment further alleges that Lopez and Cuellar Jr. enlisted Garcia, an attorney, to launder approximately $90,000 in bribe payments to Cuellar through Garcia’s interest on lawyers trust account.
If convicted, they face up to 20 years in federal prison on each of the wire fraud and money laundering charges, 10 years for a conviction of federal programs bribery and another five years upon conviction of violations of interstate and foreign travel or transportation in aid of racketeering enterprises.
FBI and IRS-CI conducted the investigation. Assistant U.S. Attorney Roberto Lopez Jr. is prosecuting the case along with Trial Attorneys Peter M. Nothstein and Jessica C. Harvey of the Criminal Division’s Public Integrity Section.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former Lake Charles police officer indicted for using excessive forceRead the Press Release
LAFAYETTE, La. – Robert Hammac, 44, a former officer of the Lake Charles Police Department, was indicted today by a federal grand jury for using excessive force against an arrestee, announced U.S. Attorney David C. Joseph and Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division.
The indictment charges Hammac with a single count of deprivation of rights under color of law, in violation of 18 U.S.C. § 242. The indictment alleges that on May 8, 2017, Hammac assaulted G.T., an arrestee, using a Taser and resulting in bodily injury to G.T.
If convicted, Hammac faces a maximum term of imprisonment of 10 years and a $250,000 fine.
The FBI conducted the investigation. Assistant U.S. Attorney Jamilla Bynog of the Western District of Louisiana and Trial Attorney Mary J. Hahn of the Civil Rights Division are prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Former Lake Charles Police Officer Indicted for Using Excessive ForceRead the Press Release
Robert Hammac, 44, a former officer of the Lake Charles Police Department, was indicted today by a federal grand jury in Lafayette, Louisiana, for using excessive force against an arrestee, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division and U.S. Attorney David C. Joseph of the Western District of Louisiana.
The indictment charges Hammac with a single count of deprivation of rights under color of law, in violation of 18 U.S.C. § 242. The indictment alleges that on May 8, 2017, Hammac assaulted G.T., an arrestee, using a Taser and resulting in bodily injury to G.T.
If convicted, Hammac faces a maximum term of imprisonment of 10 years and a $250,000 fine.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The FBI conducted the investigation. Assistant United States Attorney Jamilla Bynog of the Western District of Louisiana and Trial Attorney Mary J. Hahn of the Civil Rights Division are prosecuting the case.
Former Kenmore Police Chief Sentenced for Possession of HydrocodoneRead 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 Peter Breitnauer, of Kenmore, NY, who was convicted of possession of hydrocodone, was sentenced to 12 months’ probation and a $1,000 fine by U.S. Magistrate Judge H. Kenneth Schroeder.
On October 5, 2018, FBI Special Agents asked the defendant about allegations that he had been diverting prescription pills from the NYS Medication Drop Box located at the Kenmore Police Station. Breitnauer admitted that he was unlawfully using hydrocodone, a Schedule II controlled substance, and had been taking hydrocodone pills from the box for his personal use. The defendant guided agents to a closet in his office, where he had stashed more than 100 hydrocodone pills that he had diverted from the drop box.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Former Couple Sentenced in Crystal Meth ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – Two Corpus Christi residents have been ordered to federal prison following their conviction for conspiracy to sell crystal methamphetamine and using firearms to facilitate that crime, announced U.S. Attorney Ryan K. Patrick. Ray Green, 30, and his girlfriend at the time Julie De Los Rios, 28, pleaded guilty Jan. 31, 2019.
Today, Senior U.S. District Court Judge Janis Graham Jack sentenced Green to 210 months, while De Los Rios received a 35-month-term of imprisonment. At the hearing, it was noted that the two had been found to be distributing methamphetamine on at least two occasions while they were in possession of firearms. Both were further ordered to serve respective terms of five years of supervised release.
Law enforcement began investigating Green and De Los Rios in August 2018. At that time, local authorities reported the two had been arrested during a traffic stop and were in possession of a sizable amount of crystal methamphetamine, firearms and other evidence indicating they were selling narcotics.
On Nov. 20, 2018, Green and De Los Rios were in a vehicle distributing narcotics when authorities arrested them. A search of their vehicle revealed Green and De Los Rios were in possession of approximately 275 grams of crystal methamphetamine and a stolen handgun which they carried in order to protect themselves while they were trafficking narcotics.
Immigration and Custom Enforcement’s Homeland Security Investigations, Drug Enforcement Administration, Live Oak County Sherriff’s Office and Jim Wells County Constable’s Office conducted the joint investigation. Assistant U.S. Attorney David Paxton prosecuted the case.
Former Board President of Milwaukee Public Schools Charged in Bribery Scheme Linked to Philadelphia Non-ProfitRead the Press Release
PHILADELPHIA – First Assistant U.S. Attorney Jennifer Arbittier Williams announced that Michael Bonds, 60 of Milwaukee, Wisconsin, was charged today by Information with conspiracy to commit honest services wire fraud and a violation of the Travel Act arising from his participation in a bribery scheme whereby Bonds, acting in his capacity as President of the Milwaukee Public School (“MPS”) Board, accepted payments and things of value in exchange for official acts taken to benefit a Philadelphia-based, privately-operated education and development company (“Company 1”) and its senior executives.
Company 1 was an umbrella organization for several business entities that perform services related to education management, charter school operations and neighborhood development. Between 2012 and 2017, Company 1’s education component maintained management agreements with multiple schools operating in Philadelphia, Pennsylvania and Milwaukee, Wisconsin to manage the schools’ leadership teams, create the schools’ budgets and administer their payroll processes, and ensure that their financial reporting complied with various government entities. The main function of Company 1’s real estate development component was to redevelop residential properties into affordable housing in South Philadelphia neighborhoods.
Executive 1 was a Philadelphia-based founding member of Company 1 who served as the President and Chief Executive Officer since the organization's inception. Executive 2 was Company 1’s Philadelphia-based Chief Financial Officer. In that capacity, Executive 2 was responsible for Company 1’s overall financial and contract management.
The Information charges that Bonds engaged in a bribery scheme in which he received a series of payments and things of value from Executive 1, Executive 2, and Company 1 in exchange for a series of official acts that Bonds took on behalf of Executive 1, Executive 2, and Company 1.
The Information further charges that the conspirators disguised the bribes as payments for book sales from a company created by Bonds called “African American Books and Gifts.” According to the Information, the conspirators created fake documents disguising the bribery payments, including sham invoices and false entries in books, records, and tax returns. According to the Information, the conspirators also used a private commercial interstate carrier to transport bribe payments in the form of checks disguised as payments to “African American Books and Gifts,” and concealed from the MPS Board the payments Bonds received from Executive 1, Executive 2, and Company 1.
According to the Information, on December 9, 2014, Bonds appeared at a subcommittee meeting of the MPS Board and personally advocated in support of an expansion to include the opening of an additional campus by the charter school subsidiary of Company 1 in Milwaukee, Wisconsin. Bonds is then alleged to have brought a motion before an MPS Board subcommittee supporting a lease to house the additional campus, to have presided over the full MPS Board meeting at which the expansion was approved, and to have motioned the Board for approval of new lease terms favorable to Executive 1, Executive 2, and Company 1, which deferred lease payments of approximately $1,000,000 owed by the charter school subsidiary of Company 1.
“Public officials, including those like Michael Bonds who were elected by voters to manage public schools, have a duty to provide honest services to their constituents,” said First Assistant U.S. Attorney Williams. “In this case, some of those constituents are school children who have no choice but to depend on adults to make decisions in their best interest, which makes Bonds’ alleged actions even more egregious. Public officials cannot be allowed to use their positions and influence to enrich themselves.”
“Today’s indictment alleges that Mr. Bonds abused his positions of trust for person gain. That is unacceptable,” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Regional Office. “OIG Special Agents will continue to investigate allegations of fraud and pursue those who seek to enrich themselves at the expense of our nation’s students. America’s students, their families, and taxpayers deserve nothing less.”
“Rooting out public corruption remains one of IRS Criminal Investigation's highest priorities,” said Guy Ficco, IRS-CI Special Agent in Charge. “We, along with our law enforcement partners, will continue to be relentless in our mission to enforce the law and ensure public trust.”
"When an individual elected to work on local schools' and students' behalf is more focused on their own enrichment, they've failed their constituents and community," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "The lesson here: the FBI will continue to investigate corruption wherever we find it and bring those responsible to justice."
If convicted, Bonds faces a maximum possible sentence of ten years’ imprisonment, a three year period of supervised release, and a $500,000 fine. Forfeiture of $18,000 in bribery proceeds also may be ordered.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigations, and the U.S. Department of Education Office of Inspector General and is being prosecuted by Assistant United States Attorneys Eric Gibson and Mark Dubnoff.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Bexar County Jail Guard Sentenced to Federal Prison for Conspiring to Smuggle Narcotics to InmatesRead the Press Release
In San Antonio today, a federal judge sentenced a former detention officer at the Bexar County Adult Detention Center (BCADC) to 18 months in prison for his scheme to smuggle methamphetamine to inmates, announced United States Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Bexar County Sheriff Javier Salazar.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that 27-year-old Ruben Hernandez be placed on supervised release for a period of three years after completing his prison term.
“Part of our steadfast support of law enforcement is holding officers accountable when they break the laws they’re supposed to be enforcing. It builds community trust when citizens know that there are no double standards,” stated U.S. Attorney Bash.
On January 2, 2019, Hernandez pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. By pleading guilty, Hernandez admitted that from May 4, 2018, until June 22, 2018, he conspired with 30–year-old former BCADC detention officer Gabriel Robert Ortiz to smuggle methamphetamine to inmates. Both defendants were the subjects of an undercover operation carried out by federal and state authorities.
“This defendant was not only willing to profit from his position of trust, but was also willing to place his peers in harm's way by undermining rules, regulations, and the law by allowing contraband into the Bexar County Detention Center,” stated FBI SAC Christopher Combs. “The FBI will continue to work with the Bexar County Sheriff’s Office, the San Antonio Police Department and other partners, to address public corruption. We urge anyone with information regarding public corruption, including law enforcement officers, to contact their nearest FBI Field Office.”
Ortiz is currently serving a three-year prison sentence for his role in the scheme.
“We are proud to have partnered for the first time with the FBI on this joint sting operation,” stated Bexar County Sheriff Javier Salazar. “I am pleased with the conviction in this case, and my stance remains the same on rooting out misconduct.”
The FBI and the Bexar County Sheriff’s Office investigated this case. Assistant U.S. Attorney Greg Surovic prosecuted this case on behalf of the Government.
Former Army Contractor Sentenced to 30 Months in Federal Prison for Bribery Scheme Involving Contracts at Aberdeen Proving GroundRead the Press Release
Baltimore, Maryland – United States District Judge George L. Russell III sentenced Matthew Barrow, age 45, of Toledo, Ohio, today to 30 months in federal prison, followed by three years of supervised release, on bribery charges related to contracting at the U.S. Army Communications-Electronics Command headquartered at Aberdeen Proving Ground (APG), in Harford County, Maryland. Co-defendants John Kays, age 45, of Pinehurst, North Carolina (formerly of Bel Air, Maryland), and his wife, Danielle Kays, age 44, are currently serving federal prison sentences of six years and 18 months in prison, respectively, for their roles in the scheme. The court previously issued an order that the defendants forfeit $1,487,135.52, as well as vehicles and a boat.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Robert E. Craig, Jr. of the Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge L. Scott Moreland, Mid-Atlantic Fraud Field Office, Major Procurement Fraud Unit, U.S. Army Criminal Investigation Command; and Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office.
According to court documents, John Kays, Danielle Kays, and Barrow all graduated together from the United States Military Academy at West Point. In 2008, John Kays and Danielle Kays held leadership positions as civilian employees in the U.S. Army Communications-Electronics Command (CECOM), representing the Army in multi-year contracts. CECOM was headquartered at Aberdeen Proving Ground. Barrow worked for a glass manufacturer in Toledo, OH. Barrow formed a company called MJ-6, to which John Kays admitted that he steered CECOM subcontracts in exchange for money.
According to Barrow’s plea agreement, in March 2006, the U.S. Army Contracting Command at APG awarded a 10-year, $19.2 billion contract to seven prime contractors to provide technology services to support the integrated engineering, business operations, and logistics needs for the Army. Former Army officials John and Danielle Kays each had leadership positions related to this contract. From September 2006 through April 2011, a series of task orders for services pursuant to the contract were placed.
According to the plea agreements, from August 2008 to June 2014, John Kays agreed to take official actions favorable to Barrow and MJ-6 in return for Barrow paying them a total of approximately $800,000. Danielle Kays has admitted using her official position to benefit Barrow and MJ-6 during the period from 2011to 2014. Specifically, the Kayses used their official positions to add MJ-6 as a subcontractor acceptable to the Army, steer potential employees for government contractors to work for MJ-6, approve MJ-6 employees to work on various Task Orders, and approve the pay rates, status reports, and travel reimbursements for MJ-6 employees. Total contracts steered to MJ-6 by the Kayses exceeded $21 million.
In order to conceal his corrupt relationship with the Kayses, Barrow caused the glass company he worked for to enter into contracts and make payments to Transportation Logistics Services, LLC, a company incorporated by John Kays, until the glass company fired Barrow. Barrow then made payments to the Kayses in cash, which Barrow withdrew from his personal accounts and from MJ-6 accounts. To conceal the scheme, John and Danielle Kays made false statements on the government ethics forms that they were required to file by failing to disclose the cash payments received from Barrow. The Kayses used the cash for their personal benefit, including payments for home renovations, two new automobiles, a powerboat, jewelry, a pool party at their country club, and credit card bills.
Barrow later agreed to pay the Kayses the proceeds of the scheme from MJ-6 disguised as employment salary.
United States Attorney Robert K. Hur commended the DCIS, Army Criminal Investigation Command, and FBI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Joyce K. McDonald and Harry M. Gruber, who prosecuted the case.
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Former Anne Arundel County Sheriff’s Office Employee Sentenced to Federal Prison for Providing Information to the Target of a Drug Trafficking InvestigationRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Chanel Holland, age 36, of Glen Burnie, Maryland, today to a year and a day in federal prison, followed by three years of supervised release, for obstructing an official proceeding. The charges were a result of an investigation showing that Holland provided information regarding law enforcement activity, including sealed indictments and investigative information, to the target of a drug trafficking investigation. At the time, Holland was employed as the Human Resource Administrator in the Anne Arundel County Sheriff’s Department.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; Anne Arundel County Police Chief Tim Altomare; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; Anne Arundel County State’s Attorney Anne Colt Leitess; and Maryland State Prosecutor Emmet C. Davitt.
“Chanel Holland betrayed the trust of the citizens of Maryland and of the law enforcement officers who fight every day to keep our streets safe from drug dealers and other criminals who endanger our communities,” said United States Attorney Robert K. Hur. “In doing so, she not only broke the law, but also put lives at risk. This federal prosecution and sentence to federal prison time holds her accountable for those actions.”
According to Holland’s plea agreement, as a result of an investigation into a violent drug trafficking organization, on June 8, 2018, sealed indictments were returned for 10 individuals, including Traymont Wiley (a/k/a “Whamp”), who was believed to be the leader of the organization. The organization operated in Anne Arundel County and elsewhere, and was believed to be associated with several murders in Anne Arundel County. Sealed arrest warrants and search warrants for several locations were also authorized.
On Monday, June 11, 2018, law enforcement intercepted a conversation between Traymont Wiley and another individual on the wiretap that was authorized as part of the investigation. Wiley stated that he had been told that he was going to be arrested on drug and gang-related charges. Wiley’s call led to a flurry of conversations monitored on the intercepted lines between targets of the investigation. During the conversations, it was revealed that the person who provided Wiley the information about the sealed criminal charges was a woman named “Chanel.” The conversations revealed that the targets were reading portions of the sealed indictment out loud, including the names of other co-defendants named in the sealed indictment. Wiley also read his charges, using the exact legal wording of the crimes as stated in the sealed indictment. Further, on June 12, 2018, an attorney hired by one of the co-defendants made a motion to the court citing the specific court case number on the sealed indictment and requesting the court to unseal and quash a pending sealed arrest warrant. All of this occurred before the indictment and arrest warrants were unsealed, and prior to the execution of the sealed search warrants.
A subsequent audit of Maryland Judiciary Secure Case Search revealed that Holland’s Secure Case Search account was the only account to conduct a search of all four names heard during the interception of the target lines. Secure Case Search is not available to the public and is restricted to law enforcement and other related entities. Holland’s duties as Human Resource Administrator did not include running searches for individuals through Secure Case Search. Holland’s cell phone records revealed that she had 96 contacts (message and voice) with Wiley on June 11, 2018. Surveillance video at the Anne Arundel County Circuit Court showed that on Monday, June 11, 2018, Holland had entered and exited the administration offices where her Secure Case Search account was accessed from her assigned computer.
On June 20, 2018, a search warrant was executed at Holland’s residence and her phone was recovered. A search of the phone messages revealed that Holland had been providing information to Wiley and others for several months, beginning as early as April 2018. On June 11, 2018, Holland sent a photograph of the sealed indictment to Wiley’s phone and stated, “Here’s a list of your charges.” Holland then had a series of phone calls with Wiley’s phone in which she provided additional information about the sealed warrants and the nature of the charges. Holland attempted to find out if a cooperating source had provided information to law enforcement which led to the charges against Wiley and the other co-conspirators, and she conveyed information about suspected cooperating sources to Wiley and others, including photos of those individuals and information about the status of their court cases.
Holland admitted that she did not want Wiley and his co-conspirators to get any additional charges, so she alerted them about the outstanding warrants and indictment. Holland further admitted that she knew her actions were likely to affect the federal grand jury proceeding.
United States Attorney Robert K. Hur commended HSI Baltimore, the Anne Arundel County Police Department, the Maryland State Police, and the FBI for their work in the investigation, and thanked the Anne Arundel County State’s Attorney’s Office and the Office of the State Prosecutor for their assistance in the investigation and prosecution. Mr. Hur thanked Assistant U.S. Attorney Derek E. Hines, who prosecuted the case.
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Federal Grand Jury Returns Indictment Against Bronx Resident for Possession with Intent to Distribute Crack CocaineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on April 10, 2019, a federal grand jury returned an indictment charging Jesse Hernandez of the Bronx, New York with possession with intent to distribute crack cocaine. The indictment alleges that on March 20, 2019, Hernandez possessed with intent to distribute 28 grams or more of crack cocaine.
According to court records, the one-count indictment is based on a drug seizure from a car in which Hernandez was a passenger. On March 20, 2019, Hernandez was the passenger in a rental car travelling 99 miles per hour northbound on Interstate 89 near Berlin, Vermont. After the vehicle was stopped for excessive speed, Vermont State Police obtained a state search warrant for the vehicle. As a result of the search, over 200 grams of crack cocaine were found in a sealed package held in a pillow within a plastic bag.
If Hernandez is convicted, he faces a maximum sentence of forty years with a mandatory minimum sentence of five years imprisonment as well as a fine of up to $5,000,000. If convicted, Hernandez’s sentence will be advised by the federal sentencing guidelines. The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proved guilty.
United States Attorney Christina E. Nolan commended the efforts of the Vermont State Police and Vermont Drug Task Force in this matter.
The United States is represented by Assistant U.S. Attorney Nikolas Kerest. Hernandez is represented by Assistant Federal Public Defender David McColgin.
Federal Alum Gets Additional 3.5 Years for Attempted Illegal AR-15 Rifle PurchaseRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Breyon Richardson, age 28, of Newark, Delaware, was sentenced today to 42 months in federal prison for illegally aiding and abetting attempted illegal purchases of an AR-15 rifle.
According to documents and arguments discussed in open court, less than a year after completing a prison sentence for unlawful firearm possession and while on supervised release, Richardson convinced another individual, his co-defendant, to purchase an AR-15 rifle on his behalf. When they were unsuccessful in purchasing that firearm at the first firearms dealer, they drove to another location and attempted to purchase the same model AR-15 rifle from the second firearms dealer. Both federally licensed firearms dealers rightfully recognized an attempted firearms purchase on behalf of another (commonly referred to as a “straw purchase”) and denied the sales.
Today’s sentence marks Richardson’s second federal gun-related offense within a three-year time period. As a result, the Court sentenced Richardson to 42 months of total incarceration: 21 months for the new violation, and 21 months for violating his supervised release, to be served consecutively. This was a marked increase from Richardson’s prior sentence of approximately 8 months.
U.S. Attorney Weiss said, “The defendant demonstrated his disrespect for the law and for the safety of the community by twice attempting to straw purchase an AR-15 rifle as a federally convicted felon. My office will aggressively pursue such defendants to send a clear message that felons who attempt illegally to possess firearms pose a true risk to the safety of the community and that such behavior will not be tolerated.”
“Our mission is to protect communities from anyone using firearms to commit illegal and violent acts,” said ATF Baltimore Special Agent in Charge Cekada. “Those who aid felons by attempting to supply them with guns and who criminally abuse the process of purchasing firearms must be held accountable for their role in threatening the safety of our communities.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorneys Graham L. Robinson and Whitney C. Cloud.
Federal Jury Convicts Arthur Perrault on Federal Child Sexual Abuse ChargesRead the Press Release
Former Priest Extradited from Morocco in September 2018 Found
Guilty of Sexually Abusing Child on Kirtland Air Force Base and Santa Fe
National Cemetery in 1991-1992; Prosecuted Under Project Safe Childhood
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a guilty verdict against Arthur Perrault on federal child sexual abuse charges today after an eight-day trial before the U.S. District Judge Martha Vazquez. The verdict was announced by U.S. Attorney John C. Anderson for the District of New Mexico, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations (AFOSI), Detachment 814.
The jury convicted Perrault, 81, a former Catholic priest who served in New Mexico under the Archdiocese of Santa Fe from 1973 to 1992, on an indictment charging him with six counts of aggravated sexual abuse and one count of abusive sexual contact with a minor under the age of 12. Perrault was found guilty of repeatedly sexually abusing the minor victim in 1991 and 1992 while on federally-protected land, Kirtland Air Force Base in Bernalillo County, N.M., and the Santa Fe National Cemetery in Santa Fe County, N.M.
In announcing the guilty verdict, U.S. Attorney Anderson said, “Though the quest for justice can sometimes be long and difficult, today’s jury verdict makes clear that courageous victims and the relentless efforts of law enforcement can, together, make justice a reality. Despite the passage of many years, and Arthur Perrault’s efforts to evade justice and deny his victims their day in court, he has at long last been held accountable for his crimes. Although today’s verdict cannot heal the wounds Perrault inflicted on his victims, I am hopeful that it will afford them some measure of validation and closure.”
“The FBI’s goal in this case was to make sure justice was served, regardless how long it took or how many miles we had to travel to make it happen,” said FBI Special Agent in Charge Langenberg. “As the defendant faces the consequences of his crimes, we would like to thank the victim and the other witnesses for their courage in coming forward. I appreciate the hard work and cooperation of everyone involved in this case, including the FBI agents and staff, U.S. Attorney’s Office, Air Force Office of Special Investigations, and the Moroccan government and our Legal Attaché in that nation.”
“This conviction is a major step on the path to healing and justice for Perrault’s victims,” said Special Agent in Charge Dorval of AFOSI Detachment 814. “AFOSI is dedicated to finding and helping to remove these kinds of predators from the street in order to protect our Airmen, their families and our greater military communities. We would like to express our sincerest thanks for the partnership and assistance of the FBI and the U.S. Attorney’s office. Without their unwavering assistance, this case would not have come to fruition.”
The evidence at trial established that Perrault, then an ordained Catholic priest, was in New Mexico in the late 1960s and early 1970s, teaching at a private Catholic high school in Albuquerque. Years later, one of Perrault’s victims revealed being sexually assaulted by Perrault when he was a student at the school. The trial evidence established that Perrault continued molesting adolescent boys in New Mexico for decades, until the early 1990s.
Around 1990, Perrault, then a parish priest in an Albuquerque Catholic church, befriended a nine-year-old altar boy and began grooming the child by giving him gifts, taking him on field trips, and making him feel special. The child, now a grown man identified as the John Doe victim in the indictment, testified about how Perrault’s affectionate hugs and kisses gradually progressed to regular acts of sexual assault and abuse, some of which took place at Kirtland Air Force Base and the Santa Fe National Cemetery, over the next two years.
Seven other victims testified about being sexually abused by Perrault in 1960s, 1970s, and 1980s when they were children, each describing traumatic experiences similar to those experienced by John Doe. The victims described how Perrault used his position as a priest to gain their trust and their parents’ trust, and how he abused that trust to sexually assault and abuse them.
The jury also heard testimony from a psychologist, an expert on child sex abuse, who testified about delayed disclosure, and explained that it is common for victims of sexual abuse to delay disclosing the abuse, sometimes for decades, sometimes forever. She explained how traumatic events affect memory and the ability of victims of child sex abuse to recall that abuse over time. The psychologist discussed “grooming” – the process of building an emotional connection with a child and sometimes the child’s family to gain their trust for the purpose of sexual abuse.
Other witnesses testified about Perrault’s admissions of child molestation, including an FBI Special Agent, a State Department employee, and one of the victim’s parents. The evidence against Perrault included two letters he wrote; one in which he apologized to the mother of another victim, and the other in which he admitted molesting “teens.”
The jury also learned that Perrault partially was responsible for the delay in bringing him to justice. The evidence established that in 1992, Perrault fled from New Mexico, eventually settling in Morocco, after learning that some of his victims intended publicly to reveal that he had sexually abused them.
Moroccan law enforcement authorities arrested Perrault on Oct. 12, 2017, in Morocco at the request of the United States on a provisional arrest warrant issued based on the indictment, which was filed on Sept. 21, 2017. Morocco ordered his extradition and the FBI assumed custody of Perrault from Moroccan authorities on Sept. 20, 2018, and transported him to the United States. He has been in federal custody since that time.
Perrault will remain in federal custody until his sentencing hearing, which has yet to be scheduled. At sentencing, Perrault faces a statutory maximum penalty of a lifetime term of imprisonment on the aggravated sexual abuse charges, and a maximum penalty of 10 years of imprisonment on the abusive sexual contact charge.
This case was investigated by the FBI Albuquerque office with assistance from the AFOIS Detachment 814. The extradition of Perrault from Morocco was the result of close cooperation between these two investigating agencies, the U.S. Attorney’s Office for the District of New Mexico, the Morocco Ministry of Justice, Moroccan law enforcement authorities, the Justice Department’s Office of International Affairs, and the FBI Legal Attaché in Morocco.
Assistant U.S. Attorneys Sean J. Sullivan and Holland S. Kastrin are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and DOJ’s 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 abuse children and exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Information about this prosecution is available at https://www.justice.gov/usao-nm/priest-prosecution. Individuals may provide information about other conduct by Perrault by emailing the U.S. Attorney’s Office at [email protected] or calling the FBI’s Albuquerque Division at 1-800-CALL-FBI.
Drug Conspiracy Sends Women to Federal PrisonRead the Press Release
CORPUS CHRISTI, Texas – Two Galveston women have been sentenced to prison in Corpus Christi federal court for their convictions of conspiring to possess with the intent to distribute more than six kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick. Beatrice Adriana Ortega, 28, pleaded guilty Nov, 2, 2017, while co-defendant Esmeralda Guadalupe Ramos, 27, pleaded guilty the following month.
Today, U.S. District Judge Janis Jack handed Ramos a 35-month sentence. On Monday, April 8, Judge Jack ordered Ortega to serve a 42-month term of imprisonment. Both were further ordered to serve five years of supervised release following their sentences. In imposing the terms of incarceration, the court noted that even though neither defendant had prior criminal history, a term of imprisonment was appropriate given the amount of methamphetamine they were transporting.
On Aug. 6, 2017, Ortega and Ramos arrived at the Sarita Border Patrol checkpoint in a 2012 blue Chrysler 200. During primary inspection, a canine alerted to the vehicle. Upon further inspection, authorities discovered six bundles wrapped in black electrical tape and clear cellophane hidden within the dashboard of the vehicle. In those packages was a total of 6.28 kilograms of methamphetamine.
Both women were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
Customs and Border Protection Officer Pleads Guilty to Theft of Federal FundsRead the Press Release
A U.S. Customs and Border Portection (CBP) officer pleaded guilty today to converting federal funds to his own use, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
Daniel Lerchbacker, 35, of Conroe, Texas, pleaded guilty to one count of conversion before U.S. District Judge Keith P. Ellison of the Southern District of Texas. Sentencing is scheduled for June 26, 2019.
According to admissions made in connection with his plea, Lerchbacker, while stationed in Canada as a CBP officer between December 2015 and December 2017, received from the U.S. foreign monetary allowances for the lease of his family’s residence and private school education expenses for his children. Although he received the full amount of federal funds that he requested as part of these allowances, Lerchbacker failed to pay a property management company and two private schools a total of approximately $54,460.99 CAD. Instead, Lerchbacker used thousands of dollars of the federal funds he received on items unrelated to his family’s housing or his children’s education.
Lerchbacker also admitted to submitting to CBP copies of checks as proof of payment to one of the private schools, despite knowing that such payments had not, in fact, been made. Additionally, Lerchbacker admitted that he requested, collected, and retained from the U.S. approximately $24,230.50 CAD in advance funds for his children’s education expenses for the full year while knowing that he and his family were to leave Canada before the start of the second semester.
The Department of Homeland Security Office of Inspector General investigated this case. Trial Attorney Rebecca Moses of the Criminal Division’s Public Integrity Section is prosecuting the case.
Crack Dealer Sentenced a Second Time to 10 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA- Henry A. Bruce, formerly of Farrell, Pennsylvania, has been sentenced again in federal court to 10 years (120 months) in prison on for violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Bruce, 39, was sentenced in Pittsburgh by United States District Judge Nora Barry Fischer. Judge Fischer imposed an 8-year term of supervised release to follow the federal prison sentence.
According to information presented to the Court, on or about June 28, 2018, Bruce, a life-long resident of Farrell, in Mercer County, PA, possessed with the intent to distribute 28 grams or more of crack cocaine, a Schedule II controlled substance, as well as drug packaging paraphernalia, a digital scale, and over $19,000 in cash. The Court was further informed that Bruce has a prior federal felony drug conviction, for which he was sentenced on March 7, 2008 to 10 years in prison, and as such, is subject to enhanced penalties.
Assistant United States Attorneys Rebecca L. Silinski and Troy Rivetti prosecuted this case on behalf of the government.
The Federal Bureau of Investigation, the Mercer County Drug Task Force, and the Pennsylvania Office of Attorney General conducted the investigation leading to the successful prosecution of Bruce.
Columbia Woman Sentenced to Federal Prison for Preparing False Tax ReturnsRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Marilyn Kirkland was sentenced in federal court after pleading guilty to aiding and assisting in the preparation of false income tax returns. Senior United States District Judge Joseph F. Anderson, Jr., of Columbia, sentenced Kirkland to 27 months in federal prison. The judge further ordered that Kirkland repay $903,402 in restitution and, after her release from the Bureau of Prisons, that she serve one year of court-ordered supervision.
Evidence presented to the court showed that from 2014 through 2016, Marilyn Kirkland operated a tax return preparation business in Columbia, South Carolina. Kirkland fraudulently increased her clients’ tax refunds by preparing returns that reported fictitious income and expenses for businesses in order to claim the Earned Income Tax Credit. Kirkland also included false education credits. In total, Kirkland prepared approximately 500 fraudulent tax returns that included over $900,000 in false claims from the Internal Revenue Service (IRS).
Agents of the Internal Revenue Service Criminal Investigation Division investigated the case. Assistant United States Attorney John C. Potterfield of the Columbia office prosecuted the case.
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Cheshire Social Worker Pays $145,855 to Settle False Claims AllegationsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that PATRICIA McALINDEN, LCSW, has entered into a civil settlement agreement with the federal and state governments and will pay more than $145,000 to resolve allegations that she violated the federal and state False Claims Acts.
McAlinden is licensed as a Licensed Clinical Social Worker in the State of Connecticut and the owner of a private psychology practice in Cheshire. She is enrolled as a Licensed Behavioral Health Clinician in Independent Practice in the Connecticut Medical Assistance Program (“CMAP”), which includes the state’s Medicaid program. It is alleged that McAlinden billed Medicaid for psychotherapy services as if she had provided those services when in fact unlicensed individuals provided the services. The Connecticut Department of Social Services Provider Manual for Licensed Behavioral Health Clinicians in Independent Practice explicitly states, “The department shall not pay for…services provided by anyone other than the provider.”
To resolve the allegations under the federal and state False Claims Acts, McAlinden will pay $145,855.40 in order to reimburse the Medicaid program for conduct occurring from January 2016 to September 5, 2017.
McAlinden has also agreed to a voluntary three-year suspension from the Connecticut Medicaid Program as part of the settlement.
Under the False Claims Act, the government can recover up to three times its actual damages, plus penalties of $11,181 to $22,363 for each false claim.
“Providers must bill Medicaid and other insurance programs accurately,” said U.S. Attorney Durham. “The U.S. Attorney’s Office will continue to work with our federal and state partners to protect the integrity of the Medicaid program and ensure its recipients receive the healthcare services they need.”
This case stems from a larger investigation into fraudulent activity in the area of behavioral health services, which has been jointly conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services, the Medicaid Fraud Control Unit of the Chief State’s Attorney’s Office and the Connecticut Office of the Attorney General, with support from the Connecticut Department of Social Services.
This matter was handled by Assistant U.S. Attorney Anne Thidemann, and Assistant Attorney General Karla Turekian of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Fraud Task Force at (203) 777-6311.
Charleston Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Steven Craig Coleman, 31, pled guilty before Senior United States District Judge David A. Faber to possessing heroin with intent to distribute. Coleman has a 2016 conviction for involuntary manslaughter for distributing heroin to a woman causing a fatal overdose. Stuart commended the investigation conducted by the Charleston Police Department, South Charleston Police Department, and Metropolitan Drug Enforcement Network Team (MDENT).
“Enough is enough. Coleman has a prior conviction in state court in connection with the distribution of heroin causing a fatal overdose,” said United States Attorney Mike Stuart. “The very next year, he was back to peddling deadly poisons in Charleston. Coleman has been detained since his arrest on federal charges.”
As established by public court filings and hearings, in July 2017, police investigators learned from a confidential source that Coleman was selling several ounces of heroin from his house on 7th Avenue in Charleston. On July 20, 2017, Coleman sold a confidential informant a substance containing fentanyl. A week later, investigators executed a search warrant at Coleman’s house, where they found Coleman carrying several thousand dollars in drug proceeds and around 50 grams of methamphetamine outside of an open window near Coleman.
On August 8, 2018, police again met Coleman at his house and he gave them permission to search his room. Coleman directed an investigator to where he was hiding his drugs. Police ultimately found close to 10 grams of drug mixtures containing heroin, fentanyl, and acetyl fentanyl, a deadly fentanyl analogue.
Coleman is facing up to twenty years in federal prison when he is sentenced on August 13, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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Cedar Rapids Multiple Time Felon Sentenced to over Seven Years in Federal Prison for Possessing FirearmsRead the Press Release
A multi-time felon who committed a spree of car burglaries in Cedar Rapids in June and July 2018 was sentenced today to more than seven years in federal prison.
Michael Shannon Adams, age 41, from Cedar Rapids, received the prison term after a September 28, 2018, guilty plea to possession of a firearm by a felon.
Evidence in the case established that, on June 24, 2018, Adams broke into a truck in Cedar Rapids and stole three guns and an $800 pool cue from the truck’s owner. Adams broke both driver side windows of the truck to get inside. On June 26, 2018, Adams returned to the scene, broke into the same truck a second time, and stole the owner’s garage door open. Then, on June 30, 2018, Adams broke into two more vehicles outside a union hall in Cedar Rapids and stole the owners’ purses. One of the victims jumped into her vehicle and chased Adams, but Adams escaped on foot around a chain-link fence.
On July 2, 2018, Adams broke into more vehicles in Cedar Rapids near Hawkeye Downs. Law enforcement officers responded and saw Adams discard a plastic bag into some greenery. Officers arrested Adams and found one of the three stolen firearms in the bag. The firearm was loaded and there was a round chambered. Officers also found knives on Adams’s person. Adams eventually confessed to stealing the three firearms on June 24, 2018, and officers found one of the two remaining stolen firearms in Adams’ residence. This second firearm was also loaded. Further, officers found over 300 rounds of ammunition, a small amount of methamphetamine, and drug paraphernalia in Adams’ residence. Officers were unable to recover the third firearm, which Adams said was in a “hiding spot” around his residence.
Adams has a lengthy criminal history, which dates back to 1996 and spans multiple states. Before his arrest and prosecution in this federal case, Adams was convicted of felonies in North Carolina, South Carolina, and Woodbury County, Iowa. Adams’ criminal history includes convictions for breaking and entering, second-degree burglary, receiving stolen goods, conspiracy to commit robbery, and theft. In 2005, Adams was convicted of conspiracy to commit robbery in Woodbury County after he and two other individuals entered a residence to steal property. In that case, Adams and one of his coconspirators wore masks. The victim of the home invasion was held at knife-point during the robbery.
Adams was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Adams was sentenced to 90 months’ imprisonment. He was ordered to make $475.66 in restitution to one of his victims. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Adams is being held in the United States Marshal’s custody until he can be transported to a federal prison. The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Cedar Rapids Police Department and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-89-CJW.
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California Man Charged with Conspiracy to Possess with Intent to Distribute over 53 Kilograms of Fentanyl and CocaineRead the Press Release
NEWARK, N.J. – A California man was arrested and charged today in connection with his role in driving into New Jersey with a tractor trailer containing suspected fentanyl and cocaine, U.S. Attorney Craig Carpenito; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration; New York City Police Commissioner James P. O’Neill; Keith M. Corlett, Acting Superintendent of the New York State Police; and Angel M. Melendez, Special Agent in Charge, Homeland Security Investigations New York, announced.
Jose Santos Garcia Guzman, 43, is charged by complaint with one count of conspiracy to possess with intent to distribute approximately 53 kilograms of suspected fentanyl and cocaine. He is scheduled to appear today before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to documents filed in this case and statements made in court:
Law enforcement officers arrested Guzman today in Middlesex County, New Jersey. During an investigation into a drug trafficking organization, law enforcement officers learned that the organization was shipping narcotics from California via tractor trailer. Officers conducted surveillance of a tractor trailer driven by Guzman. While he was in Keasbey, New Jersey, the truck he was driving was stopped by law enforcement officers.
Guzman provided both oral and written consent to search the tractor trailer, in which law enforcement officers found the suspected fentanyl and cocaine. Law enforcement subsequently field tested the substances; approximately 46 kilograms tested positive for the presence of cocaine, and approximately seven kilograms tested positive for the presence of fentanyl.
The count of conspiracy to possess with intent to distribute fentanyl and cocaine carry a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10 million fine.U.S. Attorney Carpenito credited the Drug Enforcement Administration’s New York Division, under the direction of Special Agent in Charge Donovan, with the investigation. Today’s arrest was the result of an investigation by the New York Strike Force, a crime-fighting unit comprising federal, state and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force (OCDETF) and the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA). 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.
The Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA, the New York City Police Department, the New York State Police, Immigration and Customs Enforcement – Homeland Security Investigations, the U. S. Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department and New York State Department of Corrections and Community Supervision.
U.S. Attorney Carpenito also thanked New York City’s Special Narcotics Prosecutor Bridget G. Brennan for assisting in the investigation.
The government is represented by Assistant U.S. Attorney Meredith Williams, Chief of the U.S. Attorney’s Office OCDETF/Narcotics Unit.Defense counsel: John Yauch Esq., Assistant Federal Public Defender, Newark
Brockton Man Indicted for Federal Drug and Firearm OffensesRead the Press Release
BOSTON – A Brockton man was charged today in federal court in Boston on firearm and drug offenses.
Nelsy Dasilva, 23, was indicted on one count of being a felon in possession of a firearm and ammunition and one count of distribution of cocaine and fentanyl. Dasilva was arrested on Nov. 14, 2018, and has been in state custody since. He will be arraigned in federal court later this week.
On Nov. 14, 2018, after an investigation into drug distribution in and around Brockton, law enforcement officers executed a search warrant at Dasilva’s apartment. Dasilva was found in possession of approximately 20 grams of cocaine, two grams of fentanyl, a .380 caliber Jimenez Arms Inc., T-380 semi-automatic handgun, and 10 rounds of .380 caliber ammunition. Dasilva has a prior felony conviction for assault with the intent to murder, as well as convictions for possession with the intent to distribute a controlled substance, criminal possession of a loaded firearm, and assault with a dangerous weapon.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of distribution of a controlled substance provides a sentence of no greater than 30 years in prison, a minimum of six years of supervised release, and a fine of up to $2 million. 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brazilian National Sentenced for Meth TraffickingRead the Press Release
KANSAS CITY, Mo. – A Brazilian national who has repeatedly transported large amounts of methamphetamine to the Kansas City, Mo., area was sentenced in federal court today.
Evandro DaCruz-Mendes, 55, was sentenced by U.S. District Judge Greg Kays to nine years and seven months in federal prison without parole.
On Oct. 24, 2018, DaCruz-Mendes pleaded guilty to possessing methamphetamine with the intent to distribute.
According to court documents, DaCruz-Mendes arrived aboard a bus from Dallas, Texas, at a Kansas City, Mo., bus station on Feb. 3, 2015. He was stopped by Kanas City police detectives as he was about to get into a taxi. When the detectives questioned him, DaCruz-Mendes was acting in a nervous manner; his hands were shaking, and he was breathing heavily. Detectives searched his carry-on bag and found two plastic-wrapped containers that contained a total of nearly two kilograms of methamphetamine.
According to court documents, DaCruz-Mendes has traveled six times from Dallas to Kansas City, transporting a total of nearly 12 kilograms of methamphetamine.
This case was prosecuted by Assistant U.S. Attorney Bruce Clark. It was investigated by the Kansas City, Mo., Police Department.
Brazilian Man Sentenced to Eight Years in Prison for Credit and Debit Card Fraud SchemeRead the Press Release
LAS VEGAS, Nev. – The twelfth defendant to plead guilty in a large international counterfeit credit and debit card fraud scheme was sentenced Tuesday to eight years and two months in federal prison for his involvement in the multimillion dollar conspiracy, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Andre Araujo Rodrigues, aka “Andre Rodriguez,” “Andre Gonzales,” “Andre Menudo,” and “Andre Rodrigues,” 35, of Porto Velho, Brazil, was sentenced by U.S. District Judge Jennifer A. Dorsey. He pleaded guilty without the benefit of a plea agreement to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices, three counts of Possession Of Access Device-Making Equipment, Production, Use or Trafficking of Counterfeit Access Devices, and Conspiracy to Commit Money Laundering. In addition to incarceration, he was ordered to pay restitution in the amount of $2,288,180, and a criminal forfeiture money judgment of in the amount of $5 million was imposed.
From October 2015 to May 2016, Rodrigues conspired with others to commit credit and debit card fraud by using “skimmers” placed on automatic teller machines, cash-out transaction ticket dispensing terminals, such as Global Cash Advance (GCA) machines, and other means to obtain stolen account information. The group also obtained stolen credit card information through the use of malware and point of sale intrusions. Rodrigues and his co-conspirators set-up credit card forgery “laboratories” in residences and hotel rooms to manufacture counterfeit credit and debit cards. Equipment in the laboratories included counterfeit card production systems, thermal dye printers, foil tipping machines, card embossers, and card scanners and encoders.
Rodrigues and his co-conspirators used the counterfeit credit and debit cards to obtain cash withdrawals from ATMs and GCA machines located in Nevada and elsewhere and also to purchase high-end merchandise including luxury watches, jewelry, and clothing at hotel-casinos and businesses in Las Vegas, Nevada and other cities throughout the United States, including: Del Mar, California; Detroit, Michigan; New Orleans, Louisiana; Nassau County, New York; Biloxi, Mississippi; and Atlantic City, New Jersey. The group laundered the fraud proceeds and resold the fraudulently obtained retail items on the black market or online marketplaces.
In addition to Rodrigues, the following co-defendants have also pleaded guilty and either been sentenced or are awaiting sentencing:
- Lucas Coelho Paiva Rego, pleaded guilty to Use or Trafficking in Unauthorized Access Device and Aggravated Identity Theft, and was sentenced to 60 months in prison.
- Henrique Ortolani De Souza Vila Real pleaded guilty to Use or Trafficking in Unauthorized Access Device and Aggravated Identity Theft and is scheduled to be sentenced on June 3, 2019. The parties have stipulated to a 60 month prison sentence for Real. He has also been sentenced to 30 months in prison in an unrelated drug distribution case.
- Vitor Domingues Valentini Dos Reis pleaded guilty to Use or Trafficking in Unauthorized Access Device and was sentenced to 57 months in prison.
- Pedro Igor Alves Barbosa pleaded guilty to Possession of Access Device-Making Equipment and Use or Trafficking in Unauthorized Access Device, and is scheduled to be sentenced on April 15, 2019. The parties have stipulated to a 57 month prison sentence for Barbosa.
- Amysterdan Barbosa Da Silva has pleaded guilty to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices and is scheduled to be sentenced on May 13, 2019. The parties have stipulated to a 50 month prison sentence for Da Silva.
- Leonardo Augusto Oliveira Santos has pleaded guilty to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices and Use or Trafficking in Unauthorized Access Device and was sentenced to 33 months in prison.
- Davi Dias Fernandes pleaded guilty to Use or Trafficking in Unauthorized Access Device and was sentenced to 32 months in prison.
- Lorenzo Ramon Sala Moura pleaded guilty to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices and Use or Trafficking in Unauthorized Access Device, and was sentenced to 24 months in prison.
- Anderson Clayton Mariano Alcantara pleaded guilty to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices, Use or Trafficking in Unauthorized Access Device, Aggravated Identity Theft, Possession of Access Device-Making Equipment, Production, Use, or Trafficking of Counterfeit Access Device, Possession of Fifteen or More Counterfeit or Unauthorized Access Devices, Count 29 – Conspiracy to Commit Money Laundering, and Money Laundering. He is scheduled to be sentenced on April 22, 2019.
- Bruno Macedo Correia pleaded guilty to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices and Conspiracy to Commit Money Laundering. He is scheduled to be sentenced on June 11, 2019.
- Francisco Rui De Alencar Mendes Filho pleaded guilty to Conspiracy to Commit Fraud and Related Activity in Connection with Access Devices, Possession of Access Device-Making Equipment, Production, Use, or Trafficking of Counterfeit Access Device, and Conspiracy to Commit Money Laundering. He is scheduled to be sentenced on July 15, 2019.
- Two defendants, Fausto Teixeira Martins Neto and Felipe Augusto Vicale Martins, are currently scheduled for a jury trial beginning on August 13, 2019.
The case was investigated by the FBI, the Las Vegas Metropolitan Police Department, the Department of State’s Diplomatic Security Service, and the Henderson Police Department. Assistant U.S. Attorney Patrick Burns is prosecuting the case.
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Beckley Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Beckley man pled guilty today for his role in a drug trafficking crime, announced United States Attorney Mike Stuart. Billy Joe Lesher, 40, of Beckley, entered his guilty plea to possession with the intent to distribute more than 50 grams of a substance containing methamphetamine. The investigation was conducted by the Beckley Police Department, the Beckley/Raleigh County Drug and Violent Crime Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“Good work by Beckley area law enforcement agencies,” said United States Attorney Mike Stuart. “Another meth dealer is off the streets.”
Lesher admitted that on October 24, 2018, members of the Beckley/Raleigh County Drug and Violent Crime Task Force, and the ATF executed a search warrant at his residence in Beckley, West Virginia. During the search, officers found approximately seven ounces methamphetamine that defendant admitted he possessed with the intent to distribute. Lesher also admitted that he possessed methamphetamine on March 10, 2018. On this date, Lesher admitted that he was the subject of a traffic stop in Beckley. After he was stopped, officers found approximately 58 grams of methamphetamine, a set of digital scales, two firearms, and almost $12,000 in cash in his car. After the traffic stop, officers also searched defendant’s residence and found approximately 33 ounces, or about two pounds, of methamphetamine. Lesher admitted that he intended to distribute this methamphetamine in the Southern District of West Virginia. Further, as part of his plea, Lesher admitted to distributing quantities of heroin on two different dates.
Lesher faces a mandatory minimum sentence of not less than 5 years and up to 40 years in federal prison and a $5,000,000.00 fine when he is sentenced on July 24, 2019.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. United States District Judge Irene C. Berger presided over the hearing.
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