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5 April 2019
Steuben County Man Arrested, Charged with Threatening to Kill A U.S. CongresswomanRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick W. Carlineo, Jr., 55, of Addison, NY, was arrested and charged by criminal complaint with threatening to assault and murder a United States official. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, on March 21, 2019, at approximately 12:20 p.m., a telephone call was received by a staff member for Minnesota Congresswoman Ilhan Omar. During the call, an individual, eventually identified as the defendant, stated to the staff member, “Do you work for the Muslim Brotherhood? Why are you working for her, she's a (expletive) terrorist. I’ll put a bullet in her (expletive) skull.”
After receiving the call, the threat was referred to the United States Capitol Police, Threat Assessment Section, who began an investigation in coordination with the FBI.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on April 10, 2019, at 10:30 a.m.The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the United States Capitol Police, under the direction of Matthew R. Verderosa.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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South Florida Health Care Facility Owner Convicted for Role in Largest Health Care Fraud Scheme Ever Charged by the Department of Justice, Involving $1.3 Billion in Fraudulent ClaimsRead the Press Release
A federal jury found a South Florida health care facility owner guilty today for his role in the largest health care fraud scheme ever charged by the Justice Department, involving over $1.3 billion in fraudulent claims to Medicare and Medicaid for services that were not provided, were not medically necessary or were procured through the payment of kickbacks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Deputy Administrator and Director Alec Alexander of the Centers for Medicare and Medicaid Services Center for Program Integrity made the announcement.
After an eight-week trial, Philip Esformes, 50, of Miami Beach, Florida, was convicted of one count of conspiracy to defraud the United States, two counts of receipt of kickbacks in connection with a federal health care program, four counts of payment of kickbacks in connection with a federal health care program, one count of conspiracy to commit money laundering, nine counts of money laundering, two counts of conspiracy to commit federal program bribery, and one count of obstruction of justice before U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida. Sentencing has not yet been scheduled.
“Philip Esformes orchestrated one of the largest health care fraud schemes in U.S. history, defrauding Medicare and Medicaid to the tune of over a billion dollars,” said Assistant Attorney General Benczkowski. “I commend our dedicated prosecutors and law enforcement partners for their professionalism and unyielding pursuit of justice on behalf of American taxpayers and vulnerable beneficiaries who, as a result of Esformes’s crimes, were denied the level of care that they needed and deserved.”
“Philip Esformes’s criminal scheme defrauded America’s health care system out of millions of dollars, that would have otherwise provided quality care to patients in need,” said U.S. Attorney Fajardo Orshan. “I commend the Assistant U.S. Attorneys from the Southern District of Florida, who worked tirelessly alongside their partners at the Department’s Criminal Division, the FBI and HHS-OIG to bring this case to justice. This massive fraud scheme, perpetuated in nursing and assisted living facilities in our South Florida communities, compromised the integrity of our local health care system. We remain united in our commitment to root out health care fraud and support quality patient care.”
“Philip Esformes is a man driven by almost unbounded greed,” said Assistant Special Agent in Charge Denise M. Stemen of FBI Miami. “The illicit road Esformes took to satisfy his greediness led to over $800 million in fraudulent health care claims, the largest amount ever charged by the Department of Justice. Along that road, Esformes cycled patients through his facilities in poor condition where they received inadequate or unnecessary treatment, then improperly billed Medicare and Medicaid. Taking his despicable conduct further, he bribed doctors and regulators to advance his criminal conduct and even bribed a college official in exchange for gaining admission for his son to that university. The FBI and its partners are constantly investigating health care fraudsters, big and small, who steal money from taxpayers at the expense of patients in need of quality medical care.”
“This largest ever healthcare fraud conviction highlights the awful toll criminal schemes take on federal health programs,” said HHS-OIG Special Agent in Charge Richmond. “Even beyond the vital dollars lost though, Esformes exploited and victimized patients by providing inadequate medical care and poor conditions in his nursing homes. Along with our law enforcement partners, we will continue the fight against such parasites.”
According to evidence presented at trial, from approximately January 1998 through July 2016, Esformes led an extensive health care fraud conspiracy involving a network of assisted living facilities and skilled nursing facilities that he owned. Esformes bribed physicians to admit patients into his facilities, and then cycled the patients through his facilities, where they often failed to receive appropriate medical services, or received medically unnecessary services, which were then billed to Medicare and Medicaid, the evidence showed. Several witnesses testified to the poor conditions in the facilities and the inadequate care patients received, which Esformes was able to conceal from authorities by bribing an employee of a Florida state regulator for advance notice of surprise inspections scheduled to take place at his facilities. The evidence further showed that Esformes used his criminal proceeds to make a series of extravagant purchases, including luxury automobiles and a $360,000 watch. Esformes also used criminal proceeds to bribe the basketball coach at the University of Pennsylvania in exchange for his assistance in gaining admission for his son into the university. Altogether, the evidence established that Esformes personally benefited from the fraud and received in excess of $37 million.
Esformes’s coconspirator, physician’s assistant Arnaldo Carmouze, previously pleaded guilty to conspiracy to commit health care fraud and is scheduled to be sentenced on April 10. Esformes’s coconspirator Odette Barcha also pleaded guilty to one count of conspiring to violate the anti-kickback statute. She was sentenced on April 3, 2019, to 15 months in prison.
This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida with assistance from Florida Attorney General’s Office Medicaid Fraud Control Unit. The case was prosecuted by Fraud Section Assistant Chiefs Allan Medina and Drew Bradylyons and Trial Attorneys James Hayes, Elizabeth Young and Jeremy Sanders, as well as Assistant U.S. Attorneys John Shipley and Dan Bernstein of the Southern District of Florida. Assistant U.S. Attorneys Alison Lehr, Nalina Sombuntham and Daren Grove of the Southern District of Florida are handling the forfeiture aspects of the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
South Florida Health Care Facility Owner Convicted for Role in Largest Health Care Fraud Scheme Ever Charged by the Department of Justice, Involving $1.3 Billion in Fraudulent ClaimsRead the Press Release
A federal jury found a South Florida health care facility owner guilty today for his role in the largest health care fraud scheme ever charged by the Justice Department, involving over $1.3 billion in fraudulent claims to Medicare and Medicaid for services that were not provided, were not medically necessary or were procured through the payment of kickbacks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Deputy Administrator and Director Alec Alexander of the Centers for Medicare and Medicaid Services Center for Program Integrity made the announcement.
After an eight-week trial, Philip Esformes, 50, of Miami Beach, Florida, was convicted of one count of conspiracy to defraud the United States, two counts of receipt of kickbacks in connection with a federal health care program, four counts of payment of kickbacks in connection with a federal health care program, one count of conspiracy to commit money laundering, nine counts of money laundering, two counts of conspiracy to commit federal program bribery, and one count of obstruction of justice before U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida. Sentencing has not yet been scheduled.
“Philip Esformes orchestrated one of the largest health care fraud schemes in U.S. history, defrauding Medicare and Medicaid to the tune of over a billion dollars,” said Assistant Attorney General Benczkowski. “I commend our dedicated prosecutors and law enforcement partners for their professionalism and unyielding pursuit of justice on behalf of American taxpayers and vulnerable beneficiaries who, as a result of Esformes’s crimes, were denied the level of care that they needed and deserved.”
“Philip Esformes’ criminal scheme defrauded America’s health care system out of millions of dollars, that would have otherwise provided quality care to patients in need,” said U.S. Attorney Fajardo Orshan. “I commend the Assistant U.S. Attorneys from the Southern District of Florida, who worked tirelessly alongside their partners at the Department’s Criminal Division, the FBI and HHS-OIG to bring this case to justice. This massive fraud scheme, perpetuated in nursing and assisted living facilities in our South Florida communities, compromised the integrity of our local health care system. We remain united in our commitment to root out health care fraud and support quality patient care.”
“Philip Esformes is a man driven by almost unbounded greed,” said Assistant Special Agent in Charge Denise M. Stemen of FBI Miami. “The illicit road Esformes took to satisfy his greediness led to over $800 million in fraudulent health care claims, the largest amount ever charged by the Department of Justice. Along that road, Esformes cycled patients through his facilities in poor condition where they received inadequate or unnecessary treatment, then improperly billed Medicare and Medicaid. Taking his despicable conduct further, he bribed doctors and regulators to advance his criminal conduct and even bribed a college official in exchange for gaining admission for his son to that university. The FBI and its partners are constantly investigating health care fraudsters, big and small, who steal money from taxpayers at the expense of patients in need of quality medical care.”
“This largest ever healthcare fraud conviction highlights the awful toll criminal schemes take on federal health programs,” said HHS-OIG Special Agent in Charge Richmond. “Even beyond the vital dollars lost though, Esformes exploited and victimized patients by providing inadequate medical care and poor conditions in his nursing homes. Along with our law enforcement partners, we will continue the fight against such parasites.”
According to evidence presented at trial, from approximately January 1998 through July 2016, Esformes led an extensive health care fraud conspiracy involving a network of assisted living facilities and skilled nursing facilities that he owned. Esformes bribed physicians to admit patients into his facilities, and then cycled the patients through his facilities, where they often failed to receive appropriate medical services, or received medically unnecessary services, which were then billed to Medicare and Medicaid, the evidence showed. Several witnesses testified to the poor conditions in the facilities and the inadequate care patients received, which Esformes was able to conceal from authorities by bribing an employee of a Florida state regulator for advance notice of surprise inspections scheduled to take place at his facilities. The evidence further showed that Esformes used his criminal proceeds to make a series of extravagant purchases, including luxury automobiles and a $360,000 watch. Esformes also used criminal proceeds to bribe the basketball coach at the University of Pennsylvania in exchange for his assistance in gaining admission for his son into the university. Altogether, the evidence established that Esformes personally benefited from the fraud and received in excess of $37 million.
Esformes’s coconspirator, physician’s assistant Arnaldo Carmouze, previously pleaded guilty to conspiracy to commit health care fraud and is scheduled to be sentenced on April 10. Esformes’s coconspirator Odette Barcha also pleaded guilty to one count of conspiring to violate the anti-kickback statute. Barcha was sentenced on April 3 to serve 15 months in prison followed by three years of supervised release. She was also ordered to pay $704,516.00 in restitution.
This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida with assistance from Florida Attorney General’s Office Medicaid Fraud Control Unit The case was prosecuted by Fraud Section Assistant Chiefs Allan Medina and Drew Bradylyons and Trial Attorneys James Hayes, Elizabeth Young and Jeremy Sanders, as well as Assistant U.S. Attorneys John Shipley and Dan Bernstein of the Southern District of Florida. Assistant U.S. Attorneys Alison Lehr, Nalina Sombuntham and Daren Grove of the Southern District of Florida are handling the forfeiture aspects of the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
Slidell Man Indicted and Arrested for Theft of Government Funds and Making False Statements in an Application for a PassportRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that DARRYL SANDERS, a/k/a Daryl Saunders (“SANDERS”), age 61, of Slidell, Louisiana, was indicted on March 28, 2019, by a federal grand jury for Theft of Government Funds, in violation of Title 18, United States Code, Section 641 and for False Statements in an Application for a Passport, in violation of Title 18, United States Code, Section 1542. The Indictment was unsealed Wednesday, April 3, 2019 after SANDERS was arrested by federal agents at the New Orleans Passport Office.
According to Count One of the Indictment, beginning in December 2013, and continuing until March 2019, SANDERS, did knowingly embezzle, steal, purloin, and convert to his use, money belonging to the Social Security Administration (“SSA”), to which he knew he was not entitled, when he submitted a fraudulent application for SSA benefits that contained a false name, false date of birth, and a fraudulently obtained Social Security number, and as a result, he was paid approximately $44,838.00 in SSA SSID benefits.
According to Count Two of the Indictment, on March 27, 2018, SANDERS, knowingly made false statements in an application for a 2018 U.S. Passport when he falsely claimed his name was Daryl Saunders, with a date of birth of 09/03/XXXX.
U.S. Attorney Strasser reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, SANDERS faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment as to each count.
On April 3, 2019, SANDERS appeared before U.S. Magistrate Judge Dana M. Douglas who detained SANDERS.
U.S. Attorney Strasser praised the work of the U.S. Department of State, Diplomatic Security Service and the Social Security Administration, Office of Inspector General. The prosecution of this case is being handled by Assistant U. S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Sherman Oaks Man Pleads Guilty to Conspiring to Launder Money from Illegal Gambling BusinessRead the Press Release
SACRAMENTO, Calif. — Atir Dadon, 34, of Sherman Oaks, pleaded guilty today to conspiring to launder money, U.S. Attorney McGregor W. Scott announced.
According to court documents, between October 2016 and November 2017, Dadon conspired to launder money with his co-defendants, Orel Gohar, 28, of San Francisco, and Bar Shani, 27, of San Francisco. Orel Gohar and co-defendant Yaniv Gohar, 35, of Berkeley, operated an illegal gambling business that placed and maintained video slot machines at businesses in Northern California, including locations in the Eastern District of California. Dadon, Shani, and Orel Gohar conspired to launder the proceeds of the illegal gambling business.
According to court documents, Dadon, Shani, and Orel Gohar agreed that Orel Gohar would give cash proceeds from the Gohars’ gambling business to Dadon and Shani, who would use the cash to pay the workers in their cosmetics business. They agreed that in exchange for the cash from Orel Gohar, Dadon and Shani would arrange for Orel to receive checks from the cosmetics business. To conceal the fact that the financial transactions involved the proceeds of illegal activity, Dadon, Shani, and Orel used code words in their conversations about the transactions, referring to the money as bottles of alcohol or other non-cash items. Dadon also put false memo lines on the checks to Orel Gohar, indicating that Gohar had providing consulting and training services, when in fact he had not done so. Between October 2016 and November 2017, Dadon laundered over $150,000 from the Gohars’ gambling business.
This case is the product of an investigation by the Federal Bureau of Investigation and the California Department of Justice – Bureau of Gambling Control. Assistant U.S. Attorneys Matthew M. Yelovich and Miriam R. Hinman are prosecuting the case.
Yaniv Gohar and Orel Gohar fled the United States upon their release in December 2017 and remain at large. Anyone with information about their whereabouts should call the Federal Bureau of Investigation at (916) 746-7000. Bar Shani is detained pending trial. Co-defendant Adam Atari, 35, of Sherman Oaks, charged with conspiring to launder money with Yaniv and Orel Gohar and with witness tampering, is also detained. Co-defendant Raz Razla, 48, of Sherman Oaks, charged with making false statements to the grand jury, is out of custody. Co-defendant Eran Buhbut, 33, of Oakland, charged with operating an illegal gambling business, is also out of custody. Co-defendant May Levy, 28, of Walnut Creek, charged with operating an illegal gambling business, pleaded guilty.
Dadon is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr., on July 12, 2019. Dadon faces a statutory maximum penalty of 20 years in prison and a fine of up to $500,000, or twice the value of the monetary instrument or funds involved, whichever is greater. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Selma Man Sentenced to Statutory Maximum on Firearms ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Jeffrey Bernard Harris, age 40, of Selma, Alabama, was sentenced to the statutory maximum sentence of 120 months this week after earlier pleading guilty to one count charging a violation of 18 USC Section 922(g)(1), Prohibited Person (felon) in Possession of a Firearm.
According to court records, on August 9, 2017, at approximately 4:55p.m., officers of the Selma Police Department responded to Wrenwood Trailer Park near lot #20 in reference to a fight call with one subject armed. The caller reported that Harris was beating a man with his fist and with a firearm. The assault victim was later a passenger in a vehicle that Harris fired into several times while the vehicle was leaving the trailer park.
When officers arrived at the trailer park, Harris was still there, near the entrance. Law enforcement interviewed several witnesses who recounted the beating Harris had inflicted, as well as the multiple rounds he fired. One round struck the victim in the jaw, exiting through his nose. Other rounds fired by Harris struck the front windshield and rear fender of the vehicle the victim was in. A tenant of the trailer park informed officers that she found a bullet lodged in the wall behind her refrigerator. The firearm Harris used was a Taurus PT 24/7 Pro .45 caliber semi-automatic handgun.
Prior to August 9, 2017, Harris had been convicted of two counts of Robbery, First Degree and, one count of Receiving Stolen Property, First Degree.
The Selma Police Department, and the Bureau of Alcohol, Tobacco and Firearms investigated this case.
Rwandan Man Convicted for Immigration Fraud and Perjury in Connection with the 1994 GenocideRead the Press Release
BOSTON – A man who fled Rwanda near the end of the 1994 genocide was convicted today by a federal jury for immigration fraud and perjury in connection with his application for asylum in the United States.
Jean Leonard Teganya, 48, was convicted of two counts of immigration fraud and three counts of perjury. U.S. District Court Judge F. Denis Saylor IV scheduled sentencing for July 1, 2019.
“For 25 years, Jean Leonard Teganya has been running away from the truth,” said United States Attorney Andrew E. Lelling. “Mr. Teganya hid the truth about atrocities he committed during the Rwandan genocide in order to seek asylum in the United States. Our asylum laws exist to protect true victims of violent crime – especially genocide – not the perpetrators.”
“Today’s guilty verdict is a true testament to the significant efforts, over many years and across two continents, of a committed team of Homeland Security Investigations Special Agents and Assistant U.S. Attorneys who valiantly pursued this investigation,” said Special Agent in Charge Peter C. Fitzhugh, Homeland Security Investigations, Boston. “This verdict is a victory, not just for the people of Rwanda, but for all Americans, as it serves as a reminder of our nation’s commitment to prevent human rights violators from exploiting America’s historic hospitality for immigrants by using it as a shield from accountability for their reprehensible war crimes.”
The Rwandan genocide began on April 6, 1994, and lasted for a period of 100 days. During the genocide, approximately 800,000 ethnic Tutsis were murdered, making it the deadliest genocide since the holocaust in World War II. Prior to the genocide, Teganya was enrolled as a medical student at the National University of Rwanda, in Butare. During that time, he was a member of the MRND political party, the ruling Hutu-dominated party that incited the genocide. Teganya was also a member of the Interahamwe, the MRND youth wing, where he participated in martial arts and weapons training.
During the genocide, Teganya remained at the hospital in Butare, where he led teams of soldiers and Interahamwe around the hospital to locate Tutsi patients and refugees hiding in the hospital. Once discovered, the Tutsis were taken and killed behind the maternity ward. Teganya also led teams of soldiers and Interahawme who took Tutsi women to be raped.
The evidence at trial demonstrated that Teganya participated in the murders of three Tutsi people at the hospital and two Tutsi students he discovered in the dormitory where he was living. Teganya also participated in five rapes of two Tutsi women who were hiding in the hospital.
At the end of the genocide in mid-July 1994, Teganya fled Butare, traveling to the Democratic Republic of Congo, Kenya, India, and then Canada. In 1999, Teganya applied for asylum in Canada. Canadian authorities twice determined that Teganya was not entitled to asylum because he had been complicit in atrocities committed at the Butare hospital during the genocide. After 15 years of asylum proceedings, Teganya evaded the Canadian deportation order and fled across the border into the United States. On Aug. 3, 2014, Teganya was encountered walking on foot after he had crossed from Canada into Houlton, Maine. Teganya was taken into custody and he formally applied for asylum. On the application for Asylum and Withholding of Removal, Teganya made false statements by failing to disclose his membership with MRND and his activities during the genocide.
The charge of immigration fraud provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of perjury provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and HSI SAC Fitzhugh made the announcement today. U.S. Customs and Border Protection, the U.S. State Department and the Revere Police Department provided valuable assistance. Assistant U.S. Attorneys Scott L. Garland, Deputy Chief of Lelling’s Nation Security Unit, and George P. Varghese, also of the National Security Unit, are prosecuting the case.
Rocky Mount Tax Return Preparer Charged with Aiding and Assisting the Preparation of a False ReturnRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that MOSES WHITAKER has been charged with Aiding and Assisting in the Preparation of a False Income Tax Return. For the tax years 2010 through 2018, the Criminal Information alleges that WHITAKER transmitted or caused to be transmitted approximately 3,384 U.S. Individual Income Tax Returns. The Criminal Information further alleges that WHITAKER and others prepared and caused to be transmitted U.S. Individual Income Tax Returns, which contained false information, including false dependents, inflated witholdings, education credits, and unreimbursed business expenses, resulting in the issuance of refunds to which the taxpayers were not entitled.
WHITAKER is scheduled to appear in the New Bern federal courthouse on May 14, 2019, to enter his plea. The maximum penalty he faces is three years’ imprisonment and a $100,000 fine.
Investigation of this case was conducted by the Internal Revenue Service.
Rochester Man Sentenced Following Fentanyl and Gun ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Devonte Mitchell, 21, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 75 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated the defendant’s arrest followed a search of his residence by the Monroe County Probation Department. During the search, probation officers recovered a quantity of fentanyl packaged for sale and a loaded firearm. At the time of his arrest, Mitchell was on probation for a Criminal Possession of a Controlled Substance in the Fifth Degree conviction.
The sentencing is the result of an investigation by the Monroe County Probation Department, under the direction of Chief Probation Officer Larry Mattle, the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Repeat Sex Offender Sentenced to Ten Years in Prison for Possession of Images of Child Rape and MolestationRead the Press Release
A repeat federal felon, with prior state convictions for child molestation and child rape, was sentenced today in U.S. District Court in Seattle to ten years in prison for access with intent to view child pornography, announced U.S. Attorney Brian T. Moran. BRIAN KEVIN RUBENAKER, 59, of Everett, Washington, was on federal supervision following a nearly 13-year sentence for possession of child pornography when he was linked to a laptop computer hidden at another offender’s residence. Both men, convicted sex offenders, had their supervision revoked and were charged with new child pornography possession crimes. At the sentencing hearing, Chief U.S. District Judge Ricardo S. Martinez also imposed ten years of supervised release to follow his prison term.
“This defendant, already sent to state prison in 1998 for molestation and sexual abuse of minors, now faces a second significant federal sentence for acting on his sexual attraction to children,” said U.S. Attorney Brian T. Moran. “Those who collect and share images and videos of children being raped and tortured feed a market that thrives on the sexual abuse of children.”
According to records filed in the case, in October 2018, two federal probation officers made an unannounced visit to the Everett home of sex offender Mark Dreblow who was also on federal supervision. One of the probation officers noticed wires coming from a couch cushion. Under the cushion was a laptop computer, which Dreblow said belonged to RUBENAKER. Dreblow admitted the two men shared the computer and admitted it contained images of child sex abuse and exploitation. A forensic examination of the computer determined it contained multiple images of children being abused and exploited.
In 1998, RUBENAKER was convicted in Washington Superior Court of child molestation and rape of a child. In 2006, RUBENAKER was sentenced in federal court to nearly 13 years in prison for possession of child pornography. He was released in April 2016 on three years of supervised release. RUBENAKER was arrested in December 2018 for conspiracy to possess child pornography and pleaded guilty to access with intent to view child pornography in January 2019. Because of his status as a repeat offender, RUBENAKER was subject to a 10-year mandatory minimum sentence.
Repeat Sex Offender Sentenced to Ten Years in Prison for Possession of Images of Child Rape and MolestationRead the Press Release
A repeat federal felon, with prior state convictions for child molestation and child rape, was sentenced today in U.S. District Court in Seattle to ten years in prison for access with intent to view child pornography, announced U.S. Attorney Brian T. Moran. BRIAN KEVIN RUBENAKER, 59, of Everett, Washington, was on federal supervision following a nearly 13-year sentence for possession of child pornography when he was linked to a laptop computer hidden at another offender’s residence. Both men, convicted sex offenders, had their supervision revoked and were charged with new child pornography possession crimes. At the sentencing hearing, Chief U.S. District Judge Ricardo S. Martinez also imposed ten years of supervised release to follow his prison term.
“This defendant, already sent to state prison in 1998 for molestation and sexual abuse of minors, now faces a second significant federal sentence for acting on his sexual attraction to children,” said U.S. Attorney Brian T. Moran. “Those who collect and share images and videos of children being raped and tortured feed a market that thrives on the sexual abuse of children.”
According to records filed in the case, in October 2018, two federal probation officers made an unannounced visit to the Everett home of sex offender Mark Dreblow who was also on federal supervision. One of the probation officers noticed wires coming from a couch cushion. Under the cushion was a laptop computer, which Dreblow said belonged to RUBENAKER. Dreblow admitted the two men shared the computer and admitted it contained images of child sex abuse and exploitation. A forensic examination of the computer determined it contained multiple images of children being abused and exploited.
In 1998, RUBENAKER was convicted in Washington Superior Court of child molestation and rape of a child. In 2006, RUBENAKER was sentenced in federal court to nearly 13 years in prison for possession of child pornography. He was released in April 2016 on three years of supervised release. RUBENAKER was arrested in December 2018 for conspiracy to possess child pornography and pleaded guilty to access with intent to view child pornography in January 2019. Because of his status as a repeat offender, RUBENAKER was subject to a 10-year mandatory minimum sentence.
The case was investigated by Homeland Security Investigations with assistance from the Federal Probation Office. The case is being prosecuted by Assistant United States Attorney Matthew Hampton.
Real Estate Developer Sentenced to 6 Years in Prison for Defrauding Investors Out of $58 Million in Years-Long Real Estate Investment SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that MICHAEL D’ALESSIO was sentenced to 72 months in prison for operating a years-long scheme to defraud investors in his luxury real estate development projects in Manhattan, the Hamptons, Westchester, and elsewhere, and for making false claims and concealing assets in connection with his bankruptcy case. D’ALESSIO pled guilty on November 8, 2018, before U.S. District Judge Jesse M. Furman, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Michael D’Alessio promised investors that he would develop and build luxury properties that would yield big returns. When the real estate market took a downturn, D’Alessio resorted to fraud. In the end, all he built was a Ponzi scheme that he used to rip off his investors of their hard-earned life savings to the tune of $58 million. Today, D’Alessio was sentenced to six years in prison for this brazen fraud. Others who would consider funding a life of luxury with the proceeds of fraud should take heed. We will continue to work with our law enforcement partners to see that such fraud is met with justice, and that those who would commit such crimes understand that crime doesn’t pay.”
According to the Indictment, Superseding Information, and statements made in court filings and proceedings:
D’ALESSIO, a real estate developer and general contractor, served as the president and chief executive officer of a real estate investment and development firm specializing in the design, construction, and management of both residential and commercial real estate properties (“Company-1”). D’ALESSIO and Company-1 developed, and purported to develop, luxury residential real estate properties in Manhattan, the Hamptons, Westchester, and elsewhere.
D’ALESSIO typically followed the same pattern in each real estate investment project: he sought investments by offering for sale shares in a newly formed limited liability company (“LLC”) named after the location of the parcel of real estate to be developed and sold (the “Target Property”). In exchange for a purchase of shares in the LLC, D’ALESSIO promised a guaranteed monthly interest payment and a share in the profits from the sale of the Target Property. In soliciting investors, D’ALESSIO made numerous representations to potential investors, including that investor funds would be used only to develop the relevant Target Property and to cover related business expenses of the relevant LLC.
However, in reality, from 2015 through April 2018, D’ALESSIO misappropriated investor funds for his own use and benefit, and made other material misrepresentations. For example, in the case of a purported luxury condominium development on the Upper East Side, D’Alessio represented to investors that the building would be delivered to him vacant. In reality, however, and as D’Alessio knew, the property was inhabited by rent-controlled tenants who could not be easily evicted. In contrast to his representations of a speedy development project and a viable investment opportunity, no substantial changes could be made to the property while those tenants remained in occupancy.
Upon receiving investor funds, D’ALESSIO typically channeled those funds through a series of bank accounts held in the names of shell companies owned and controlled by D’ALESSIO. D’ALESSIO then used much of those investor funds for his own benefit, including to pay off debts and prior investors, and to fund significant gambling and other personal expenses. D’ALESSIO took steps to conceal his fraud, including deceiving investors regarding the progress of various real estate projects and using money raised from investors to make monthly payments to investors in different projects in the manner of a Ponzi scheme. D’ALESSIO defrauded investors out of approximately $58 million.
In 2018, D’ALESSIO went into involuntary bankruptcy under Chapter 7 of Title 11 of the United States Code. In connection with this bankruptcy proceeding, captioned In re Michael D’Alessio, No. 18-22552 (Bankr. S.D.N.Y.), D’ALESSIO submitted forms that fraudulently omitted money and property belonging to his estate, and made a false declaration under penalty of perjury concerning his money and property. Specifically, at the time of D’Alessio’s arrest in August 2018, law enforcement agents found $44,000 in cash, including $30,000 in a gym bag alongside a firearm. Following the arrest, law enforcement agents also learned about a bank account controlled by D’Alessio — which had not been reported in the bankruptcy — that carried a cash balance of $3,047.16. D’Alessio’s cell phone also contained text messages between D’Alessio and another individual in which D’Alessio stated: “I need some of my money tomorrow for Italy” and “I need my 100k I gave you to hold.” All together, D’Alessio concealed at least $143,047.16 from the Bankruptcy Court.
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In addition to the prison term, D’ALESSIO, 53, of New York, New York, was sentenced to three years of supervised release and order to pay forfeiture in the amount of $58,090,047.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Amanda Kramer and Daniel G. Nessim are in charge of the prosecution.
Radio Talk Show Host Craig Carton Sentenced to 42 Months in Prison for Securities and Wire FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that CRAIG CARTON was sentenced to 42 months in prison for securities fraud, wire fraud, and conspiracy to commit those offenses. CARTON was convicted after a one-week trial before Chief U.S. District Judge Colleen McMahon, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Radio personality Craig Carton solicited investments for his ticket buying scheme by claiming to have an in with the operator of two New York-area arenas and a major concert promotion company. He talked of his ability to buy blocks of tickets to live events and sell them for a profit on the secondary market. But the talk-show host was all talk. Carton’s purported agreements to buy blocks of tickets were part of an elaborate fiction. Today he has learned that the price of defrauding investors is a term in prison.”
As set forth in the Complaint, Indictment, and the evidence presented at trial:
CARTON and Joseph Meli worked together to induce investors to provide them with millions of dollars, based on representations that the investor funds would be used to purchase blocks of tickets to concerts, which would then be resold on the secondary market. CARTON and Meli purportedly had access to those blocks of tickets based on agreements that Meli had with a company that promotes live music and entertainment events (the “Concert Promotion Company”) and that CARTON had with a company that operates two arenas in the New York metropolitan area (the “Sports and Entertainment Company”). In fact, neither the Concert Promotion Company nor the Sports and Entertainment Company had any such agreement with CARTON, co-defendant Michael Wright, Meli, or any entity associated with them. After receiving the investor funds, CARTON, Wright, and Meli misappropriated those funds, using them to, among other things, pay personal debts and repay prior investors as part of a Ponzi-like scheme.
In the fall of 2016, CARTON, Wright, and Meli exchanged emails and text messages regarding their existing debts. On September 5, 2016, for example, Wright emailed CARTON and Meli, “for the sake of our conversation tomorrow,” and outlined “the debt past due and due next week.” Wright listed several apparent creditors, to whom he, Meli, and/or CARTON were personally indebted for over $1 million. Wright listed eight possible options for repaying the debt, including “Run to Costa Rica, change name, and start life all over again – may not be an option.” CARTON responded to Wright and Meli, stating “don’t forget I have $1m coming tomorrow from ticket investor[.] will need to be discussed how to handle.” On September 7, 2016, CARTON emailed Wright and Meli, referenced a potential investor (“Investor-1”) in an upcoming holiday concert tour, and suggested “borrow[ing] against projected profits” on that investment.
Later in the fall of 2016, CARTON began negotiating with a hedge fund (the “Hedge Fund”) regarding a transaction in which the Hedge Fund would extend CARTON capital to finance CARTON’s purchase of event tickets, which CARTON would then resell at a profit. In early December 2016, Meli texted CARTON and Wright and discussed using the Hedge Fund’s capital “to repay debts,” and not for the purchase of tickets.
The next day, December 7, 2016, CARTON emailed the Hedge Fund five agreements between (i) Meli and a company controlled by Meli (the “Meli Entity”) and (ii) the Concert Promotion Company. In each of the purported agreements, the Concert Promotion Company agreed to sell the Meli Entity up $10 million worth of tickets to different concert tours. However, these agreements were fraudulent and had not, in fact, been entered into by the Concert Promotion Company.
The following day, the Hedge Fund and CARTON executed the revolving loan agreement (the “Revolving Loan Agreement”), under which the Hedge Fund agreed to provide CARTON with up to $10 million, for the purpose of funding investments in the purchase of tickets for events. The Revolving Loan Agreement provided, in sum and substance, that the proceeds of the loan would be used only to purchase tickets pursuant to agreements for the acquisition of tickets, including the agreements with the Concert Promotion Company, and for limited business expenses. The Hedge Fund would receive a share of the profits from the resale of the tickets.
The Hedge Fund then sent $700,000 to the Meli Entity to finance the purchase of tickets pursuant to the agreements between the Meli Entity and the Concert Promotion Company. Meli, however, then sent this money to a bank account controlled by Wright, who then, on December 12, sent $200,000 to CARTON’s personal bank account (the “CARTON Bank Account”), which CARTON then wired to a casino. Also on December 12, Wright sent another $500,000 to an individual who had previously lent CARTON $500,000, which was due to be repaid that day.
Later in December 2016, the Hedge Fund sent an additional $1.9 million to the Meli Entity, to finance the purchase of tickets pursuant to agreements between the Meli Entity and the Concert Promotion Company. Once again, the Concert Promotion Company had not entered into any such agreements. Meli, Wright, and CARTON engaged in text messages regarding the disposition of these funds. Some of the money was used by Meli to repay two individuals who had previously invested with Meli in a related scheme involving the purported investment in the resale of tickets, and by CARTON to pay casinos and to pay Investor-1 a purported return on an earlier investment in a ticket-related venture, among other things.
CARTON also induced the Hedge Fund to wire $2 million to the Sports and Entertainment Company, based on a purported agreement CARTON purportedly had with the Sports and Entertainment Company (the “Sports and Entertainment Company Agreement”). The Sports and Entertainment Company Agreement purportedly gave an entity controlled by CARTON (the “CARTON Entity”) the right to purchase $2 million of tickets to concerts at one of the venues operated by the Sports and Entertainment Company. CARTON, among other things, sent the Hedge Fund a copy of the Sports and Entertainment Company Agreement that purportedly had been signed by the chief executive officer of the Sports and Entertainment Company. However, this agreement was fraudulent and had never been entered into by the Sports and Entertainment Company or signed by the chief executive officer.
On December 20, 2016, when the Hedge Fund wired the $2 million to the Sports and Entertainment Company, CARTON contacted the Sports and Entertainment Company and told them, in sum and substance, that the wire had been sent in error and should be sent to the bank account for an entity operated by CARTON and Wright, for which Wright is the signatory. After the money was rewired to that account, Wright wired $966,000 to Wright’s personal bank account and $700,000 to the CARTON Bank Account. CARTON then wired approximately $188,000 from the CARTON Bank Account, including at least $133,000 in wires to several casinos.
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In addition to the prison term, CARTON, 50, of New York, New York, was sentenced to three years of supervised release and ordered to pay $4,835,186.56 in restitution and to forfeit $4,590,000. CARTON’S co-defendant, Michael Wright, pled guilty on September 27, 2018, to one count of wire fraud and was sentenced to 21 months in prison.
Joseph Meli pled guilty to securities fraud in October 2017 and is currently serving a 78-month sentence imposed by U.S. District Judge Kimba M. Wood in April 2018.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and thanked the Boston Regional Office of the U.S. Securities and Exchange Commission.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Brendan F. Quigley and Elisha J. Kobre are in charge of the prosecution.
Providence Gang Member Sentenced on Firearm ChargeRead the Press Release
PROVIDENCE, RI – A Project Safe Neighborhoods investigation and prosecution culminated today with the sentencing of a member of the Hanover Boyz street gang to 51 months in federal prison for being a felon in possession of a firearm.
Anthony Washburn, 33, of Providence was arrested by Cranston Police in July 2018 during a traffic stop, when officers seized from his vehicle a firearm and a stamp collection reported stolen from a Cranston residence.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Washburn to serve a term of supervised release of 3 years upon completion of his term of incarceration. Washburn pleaded guilty on January 14, 2019, to being a felon in possession of a firearm.
Washburn’s sentence is announced by United States Attorney Aaron L. Weisman, Cranston Police Chief Michael J. Winquist, and Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
According to court documents and information presented to the Court, on July 25, 2018, a Cranston Police patrolman pulled over a vehicle with an expired temporary license plate being driven by Washburn. As the officer approached the vehicle, he observed both the driver and a front seat passenger moving within the vehicle, appearing to reach for something in the center console area. The officer requested that Washburn exit the vehicle while telling the passenger to remain inside the vehicle.
Upon the arrival of a second officer, the passenger was removed from the vehicle and the vehicle was searched. Officers discovered a 12-pack box of beer on the floor behind the driver’s seat that contained an open bottle of alcohol, several beers, and a sock containing a loaded .40 caliber semi-automatic firearm.
Inside the center console officers discovered and seized a small digital scale consistent with use in narcotics trade. Inside the trunk of the vehicle officers discovered a large shopping bag containing a stamp collection. The passenger was found to be in possession of $3,400 in cash she said belonged to Washburn.
Further investigation by Cranston Police revealed that the firearm and stamp collection were reported stolen in a housebreak in Cranston, and that the expired temporary license plate was counterfeit.
According to court records, Washburn was previously convicted in Rhode Island state court on firearm and drug trafficking charges.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
The case was prosecuted by Assistant U.S. Attorney Zechariah Chafee, with the assistance of Assistant U.S. Attorney Terrence P. Donnelly.
United States Attorney Aaron L. Weisman acknowledges and thanks the FBI and the FBI Safe Street Task Force for their assistance in the preparation of this matter for prosecution.
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Pottawattamie County Man Sentenced to Prison for Possession of Child PornographyRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on April 3, 2019, Salvatore Lawrence Bruno, age 68, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger for Possession of Child Pornography. Bruno was sentenced to 97 months in prison to be followed by a term of supervised release for ten years. Bruno was ordered to pay $500 to each victim seeking restitution.
In January 2018, Council Bluffs Police received a referral from the Iowa Department of Human Services involving a child stating she was shown child pornography by the defendant. A search warrant was obtained for Bruno’s residence. Officers located a computer hard drive and memory card that contained over 5,700 images of child pornography. Bruno pleaded guilty to this charge in November 2018.
This matter was investigated by the Council Bluffs Police Department, Iowa Department of Human Services, Project Harmony and the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Man Sentenced to Prison for Firearm OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on April 3, 2019, Alexander Marcus Provencher, age 23, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger for Prohibited Person in Possession of a Firearm. Provencher was sentenced to 60 months in prison, to be followed by a term of supervised release for three years.
On August 7, 2018, a motorist contacted 911 and advised Provencher had brandished a gun when the motorist tried to stop a domestic disturbance. Council Bluffs Police Officers arrived and made contact with Provencher and his girlfriend. Provencher initially denied having a firearm, but eventually admitted it was in his girlfriend’s purse. Provencher was prohibited from possessing firearms as he had prior felony convictions for robbery and theft in Pottawattamie County District Court.
This matter was investigated by the Council Bluffs Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
This case is part of Project Safe Neighborhoods (PSN), a Department of Justice program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Pottawattamie County Man Sentenced to Prison for Drug and Firearms OffensesRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on April 2, 2019, David Dylan Wuerfele, II, age 43, was sentenced by United States District Court Judge Stephanie M. Rose for Possession with Intent to Distribute Marijuana and Prohibited Person in Possession of a Firearm. Wuerfele was sentenced to 27 months in prison to be followed by a term of supervised release for three years.
In May and June 2018, Wuerfele sold marijuana, cocaine and a firearm to law enforcement, which caused the Council Bluffs Police Department to obtain a warrant to search Wuerfele’s residence. Officers located firearms, marijuana and assorted other drug paraphernalia in Wuerfele’s home.
This matter was investigated by the Council Bluffs Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Philadelphia man admits to fentanyl distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – David Anthony Richardson, of Philadelphia, Pennsylvania, has admitted to distributing fentanyl, United States Attorney Bill Powell announced.
Richardson, age 33, pled guilty to one count of “Possession with Intent to Distribute Fentanyl.” Richardson admitted to having more than 40 grams of a substance containing fentanyl in Ohio County in August 2018.
Richardson faces no less than five years and up to 40 years incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Robert W. Trumble presided.
Paterson, New Jersey, Woman Admits Calling in Hoax Bomb Threats to Camden Federal Courthouse and Hughes Justice Complex in TrentonRead the Press Release
CAMDEN, N.J. – A Paterson, New Jersey, woman today admitted calling in hoax bomb threats to the federal courthouse in Camden and the Hughes Justice Complex in Trenton, New Jersey, U.S. Attorney Craig Carpenito announced.
Amdije Toska, 40, pleaded guilty before Senior U.S. District Judge Robert B. Kugler in Camden federal court to an information charging her with one count of hoax bomb threats.
According to documents filed in this case and statements made in court:
On the morning of Jan. 12, 2018, Toska called the Clerk’s Office of the Camden federal courthouse and stated there was a bomb in the building. The Clerk’s Office employee who answered the phone recognized Toska as a civil litigant with a case assigned to a U.S. District Court judge, who had previously issued an order directing Toska to cease all communications with the Clerk’s Office and permitting the Clerk’s Office to disconnect future calls from Toska.
Later than morning, Toska called back and said, “There’s a bomb in the building, run.” Bomb detecting K-9 units from the Camden County Police, U.S. Park Service (Philadelphia Office) and Camden County Sheriff’s Office responded to the federal courthouse.
That afternoon, Toska again called another bomb threat into the Clerk’s Office. When the employee who answered the phone asked Toska why she was making bomb threats, Toska responded, “The judge is torturing me, so I am torturing you, an eye for an eye.”
Meanwhile, earlier that same morning, Toska called the Hughes Justice Complex and stated that there was a bomb in the building. As a result of this call, officials at the Hughes Justice Complex evacuated the building.
The following post on “Amie Toska’s” Facebook account appeared that day: “I have had enough of being ignored I am prank calling the entire world.” Also, a Twitter account believed to be associated with Toska posted a “reply” stating, “I just called Doj in DC, Camden courts and Njtpd lawyer and told them there’s a bomb in the building then I hung up…There is no bomb but I will continue to scare them until I am heard…I want JUSTICE DAMMIT.” Another “reply” stated, “I’m not gonna stop calling the courts/doj/or njt lawyer and telling them there’s a bomb in the building. I will make them suffer by getting them scared. Let them shit in their pants for days. Idgaf….I want JUSTICE.”
The count of making hoax bomb threats is punishable by a maximum of five years in prison and a fine of $250,000. Sentencing is scheduled for July 18, 2019.
U.S. Attorney Carpenito credited the U.S. Marshal Service, under the direction of United States Marshal Juan Mattos Jr., District of New Jersey, and special agents of the FBI, South Jersey Resident Agency, Philadelphia Division, under the direction of Special Agent in Charge Michael T. Harpster, with the investigation leading to today’s guilty plea.
The government is represented by Deputy U.S. Attorney Matthew J. Skahill and Assistant U.S. Attorney Alyson M. Oswald of the U.S. Attorney’s Office in Camden, New Jersey.
Operation Big Red Results in Multiple Drug Trafficking Arrests in Red River CountyRead the Press Release
TEXARKANA, Texas - U.S. Attorney Joseph D. Brown announced today that nine individuals have been arrested following a lengthy investigation into drug trafficking in the Eastern District of Texas.
On Apr. 5, 2019, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in the Clarksville, Texas area as the result of Operation Big Red. The operation is the result of an investigation into a methamphetamine trafficking organization operating in the area. Much of the information came from the investigation and federal prosecution a related drug trafficking enterprise in the area. On Feb. 20, 2019, a federal grand jury returned a 12-count indictment charging seven individuals with various drug conspiracy violations related to the possession and distribution of methamphetamine. Those arrested and named in the indictment are:
Marvin Earl Baty, 44, a current inmate in the Oklahoma Department of Corrections, Holderville, OK; Jacory Dewayne Coulter, 33, of Clarksville; Gregory Lamont Dillard, 48, of Clarksville; Victor Gonzales, 44, of Clarksville; Miguel Angel Hernandez, 57, of Clarksville; Brandon Charles Nickerson, 40, of Clarksville; and
Neopholis Dontray Scales, 33, of Clarksville.If convicted, they each face from 10 years to life in federal prison.
The operation today involved approximately 100 law enforcement officers from the following agencies: Texas Department of Public Safety, including the Special Response Team, Special Weapons and Tactics Team, Criminal Investigation Division, Aircraft Operations Division, Highway Patrol Division, Victim Services, and Communications Services; Red River County Sheriff’s Office; Clarksville Police Department; Mt. Pleasant Police Department SWAT Team; Texas Parks and Wildlife; Federal Bureau of Investigation; United States Marshals Service; and Texas Child Protective Services. In addition to the nine arrests, law enforcement officers seized illegal drugs and at least one firearm.
This case is being investigated by the Texas Department of Public Safety - Criminal Investigation Division and the Red River County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Omaha Man Sentenced for Multiple RobberiesRead the Press Release
United States Attorney Joe Kelly announced that Sean C. Cortez, age 38, was sentenced in federal court today in Omaha, Nebraska, for two counts of bank robbery and one count of attempted Hobbs Act robbery. The Honorable Robert F. Rossiter, Jr. sentenced Mitchell to 133 months of imprisonment and ordered to pay $1,295.00 in restitution. There is no parole in the federal system. After completing his term of imprisonment, Mitchell will begin a three-year term of supervised release.
On July 8, 2018, Cortez entered the Phillips 66 Select Mart at 3707 Center Street, Omaha, and approached the front counter. The counter area is surrounded by bulletproof glass. Cortez pointed his hand, acting as if he had a gun, and demanded money from the clerk. When the clerk, who was behind the counter, didn’t comply, Cortez ran out of the store.
On July 13, 2018, Cortez robbed the U.S. Bank at 3225 South 42nd Street, Omaha. He entered the bank and slid a teller a note demanding money. The teller gave Cortez $444.00 and he left the bank.
On July 14, 2018, Cortez robbed the First National Bank located inside the Hy-Vee at 5150 Center Street, Omaha. Similar to the U.S. Bank robbery, Cortez passed a teller a note demanding $100 bills. As she was pulling out the money, Cortez told her to hurry up. He was able to leave the bank with $851.00.
The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.
Ohio Man Who Allegedly Pretended to be Missing Illinois Boy Charged with Lying to Federal OfficersRead the Press Release
CINCINNATI – An Ohio man who pretended to be a missing Illinois boy has been charged federally with making false statements to federal agents.
Brian Michael Rini, 23, formerly of Medina, Ohio, was arrested last night and is currently in federal custody. Rini was presented in federal court at 11am today for an initial appearance before U.S. Magistrate Judge Karen L. Litkovitz.
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 Division, Robert Brown, Special Agent in Charge, FBI, Louisville, Ky. Division, Cincinnati Police Chief Eliot K. Isaac, Newport Police Chief Thomas Collins, Hamilton County Coroner Dr. Lakshmi Sammarco and Hamilton County Sheriff Jim Neil announced the charge.
According to the criminal complaint and affidavit filed today, Newport, Ky. police officers responded to a call on Wednesday in which the caller described Rini as wandering the street, looking confused and in need of assistance.
Rini allegedly told officers his name was Timmothy Pitzen and that he was abducted when he was six years old and he “just wanted to go home.”
Local authorities confirmed that Timmothy’s name was associated with a missing and possibly abducted child. Specifically, in 2011, Timmothy, then six years old, went missing from Aurora, Ill. Timmothy was picked up at his school by his mother and a few days later, his mother was found deceased in a Rockford, Ill. hotel room.
Several notes were found in the hotel room that claimed Timmothy was with people who loved him and would take care of him. The notes also stated he would never be found.
Posing as Timmothy, Rini allegedly claimed he had recently escaped from a hotel room in which two men had been holding him captive. He said he had been sexually and physically abused for years while in captivity and that he was having abdominal pain.
Rini was transferred to Cincinnati Children’s Hospital Emergency Room because of the complaint of abdominal pain, and there, FBI task force officers met with Rini to potentially investigate sex trafficking and crimes against children. FBI special agents and a detective from the Aurora, Ill. police department also spoke with Rini.
It is alleged that Rini continued to claim to be Timmothy throughout conversations in the hospital.
On Wednesday and yesterday, Rini refused to provide his fingerprints to investigators at Children’s Hospital; however, yesterday, he agreed to submit a buccal swab for DNA testing.
DNA test results confirmed Rini’s identity. As a known felon, Rini’s DNA was known to the FBI. Ohio Department of Corrections records indicate Rini was released from an Ohio prison on March 7, 2019.
Once law enforcement officers confronted Rini about his true identity, Rini immediately stated he was not Timmothy Pitzen. He allegedly said he watched a story about Timmothy on 20/20 and stated he wanted to get away from his only family. When questioned further, it is alleged that Rini stated “he wished he had a father like Timmothy’s.”
Further investigation by the FBI found that Rini had allegedly portrayed himself as a juvenile sex trafficking victim on two prior occasions. In those instances, he was only identified once he was fingerprinted.
Making false statements to federal agents is a federal crime punishable by eight years in this case.
Assistant United States Attorneys Kyle J. Healey and Christy L. Muncy are prosecuting the case.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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North Port Man Convicted of Conspiracy to Distribute Cocaine and Heroin, Firearms OffensesRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Ashanti Roundtree (44, North Port) guilty of conspiracy to distribute cocaine and heroin, possessing a firearm in the furtherance of a drug trafficking offense, and possessing a firearm as a convicted felon. Roundtree faces a maximum penalty of life and a mandatory minimum of 20 years in federal prison. His sentencing hearing is scheduled for July 11, 2019.
Roundtree was indicted on November 21, 2017.
According to testimony presented at trial, from about October 2014 through on or about February 26, 2015, Roundtree directed the illegal narcotics distribution activities at a “trap house” located at 200 Granada Boulevard, in North Port, Florida. Roundtree supplied drugs to the residents of the house, then sold the drugs on Roundtree’s behalf, purchased the drugs for their own use, or used them with the promise of paying Roundtree later. Along with supplying the residents with heroin, cocaine, synthetic marijuana (spice), marijuana, and a variety of prescription pills, Roundtree supervised the sale of the drugs, including setting the prices and the hours of sale. He also collected the proceeds from the various drug transactions and participated in drug transactions, by either selling drugs directly to customers or giving drugs in exchange for sexual favors.
During the illegal activities, Roundtree used violence, fear, and intimidation to maintain his position as leader of the conspiracy. While at the trap house, he commonly carried a Taurus firearm for protection. Additionally, co-conspirators and other witnesses saw Roundtree pistol-whip someone with the gun and point it at persons. As a previously convicted felon, Roundtree is prohibited from possessing a firearm or ammunition under federal law.
On February 26, 2015, law enforcement executed a search warrant at the trap house and recovered a loaded Taurus firearm. Forensic testing confirmed Roundtree’s DNA on the firearm and ammunition magazine. Agents also recovered an assortment of controlled substances, including heroin, marijuana, cocaine, prescription pills, and drug paraphernalia.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the North Port Police Department. It is being prosecuted by Assistant United States Attorneys Michael C. Baggé-Hernández and Kaitlin R. O’Donnell.
New Multilateral Framework on Procedures Approved by the International Competition NetworkRead the Press Release
On April 3, 2019, the Steering Group of the International Competition Network (ICN) unanimously approved a multilateral framework on procedures among antitrust enforcement agencies globally to promote fundamental due process in competition law investigation and enforcement. The framework is based on the principles of the Antitrust Division’s Multilateral Framework on Procedures (MFP), an initiative that was originally announced by Assistant Attorney General Makan Delrahim at the Council of Foreign Relations in June of last year.
The Antitrust Division, in consultation with a dozen leading competition agencies from around the world, developed the proposal, which was then introduced to the global antitrust community last fall and received overwhelming support. At the request of several partner agencies, the Antitrust Division agreed to implement the proposed arrangement through the International Competition Network to take advantage of existing structures and to reduce administrative burdens. The multilateral framework implements this initiative by utilizing established ICN institutions and processes, and will be open to all national, supranational, and customs territory-specific competition agencies around the world, whether or not a member of the ICN.
This historic multilateral agreement recognizes fundamental principles of transparency and procedural fairness in antitrust enforcement and promotes review mechanisms to ensure that participating agencies abide by these norms. Adopting the substance of the Antitrust Division-initiated proposal, the framework identifies universal due process principles that are widely accepted across the globe, including commitments regarding non-discrimination; transparency and predictability; proper notice, access to information, meaningful and timely engagement, and opportunity to defend; timely resolution of proceedings; confidentiality protections; avoidance of conflicts of interest; access to counsel and privilege; written enforcement decisions and public access to decisions; and availability of independent review of enforcement decisions. As in the original proposal, the framework complements these substantive norms with review mechanisms designed to ensure meaningful compliance, including consultations, agency reports on implementation, and periodic assessment meetings.
“Adopting the Framework on Competition Agency Procedures is a remarkable and historic achievement for antitrust enforcement,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “It sends a clear signal that competition agencies across the globe – despite differences in their structures and proceedings, as well as the legal systems in which they operate – are committed to procedural fairness. We are grateful that the framework approved by the ICN Steering Group, in record time, is equivalent in all respects to the principles of the MFP that was originally proposed by the Antitrust Division. By combining strong substantive principles with meaningful review mechanisms, it goes well beyond anything competition agencies have ever done before.”
Beginning on May 1, 2019, the framework will be open for signature to all national, supranational, and customs territory-specific competition agencies, including ICN member and non-member agencies. It will come into effect on May 15, 2019, at an inauguration ceremony of the charter participants during the ICN annual conference in Cartagena, Colombia.
The ICN, founded by 15 agencies including the Department of Justice’s Antitrust Division, was created in October 2001 to increase understanding of competition policy and promote convergence toward sound antitrust enforcement around the world. The ICN has grown to include 138 member agencies from 125 jurisdictions, supported by a wide network of non-governmental advisors from around the world.
The ICN’s Framework on Competition Agency Procedures can be found here.
New Jersey Sex Offender Charged with Attempted Production of Child PornographyRead the Press Release
BOSTON - A Bellmawr, N.J., man was charged yesterday in federal court in Worcester in connection with attempting to sexually exploit an 11-year-old boy.
Jordan Winczuk, 34, was indicted on one count of attempted sexual exploitation of a minor and one count of committing a felony offense involving a minor while being required to register as a sex offender. Winczuk is currently in state custody in New Jersey on unrelated charges.
According to the charging document, Winczuk attempted to persuade an 11-year-old Worcester boy, whom he had met through social media days prior, to send him images of his genitals via Instagram. As a result of a 2010 conviction for sexually assaulting a boy and endangering the welfare of a child through the distribution of child pornography, Winczuk is a level 3 sex offender.
If convicted of the attempted sexual exploitation, Winczuk faces a mandatory minimum sentence of life in prison, a minimum of five years and up to a lifetime of supervised release, and a $250,000 fine. The charge of committing the offense while being required to register as a sex offender provides for a mandatory 10 year sentence, to be served consecutive to the sentence imposed on the sexual exploitation charge. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Kristen M. Noto of Lelling’s Worcester Branch Office is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
National Crime Victims’ Rights Week Event Set for April 7 in CharlottesvilleRead the Press Release
Charlottesville, VIRGINIA – In commemoration of National Crime Victims’ Rights Week, the Jefferson Area Victim Assistance Coalition will host a Community Day on Sunday, April 7 from 2 p.m. to 6 p.m. at IX Park in Charlottesville. This event is planned as a way to highlight recovery and other resources available to crime victims in the Greater Jefferson Area, provide the community with information about law-enforcement, emphasize prevention education, and foster the ties between law-enforcement and the communities they serve.
Sunday’s event is free and family-friendly with interactive demonstrations and information available from dozens of federal, state, and local law-enforcement agencies and service providers. There will be plenty for kids, and adults, to see and do, including police motorcycles, firetrucks, police cars, K9 officers, activities, games, food, and more.
Additionally, there will be information available about local community groups, service providers, drug prevention tips, exhibitions, and more. A particular area of focus is crimes against the elderly.
Information will be available from the United States Attorney’s Office that focuses on schemes directed at seniors, such as phone scams, healthcare scams, frauds involving grandchildren, and IRS imposter scams. Additional information will be available offering tips to keep seniors safe from falling victim to these frauds, as well as information about what to do if an elder person believes they have been a victim of fraud. In addition, the U.S. Attorney’s Office will have information available regarding Project Safe Neighborhoods, (PSN) and identity theft prevention programs.
PSN, the centerpiece of DOJ’s violent crime reduction efforts, is a nationwide initiative that brings together federal, state, and local law-enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
The identity theft recovery program offers attendees a wealth of knowledge on steps to take to both protect their identities from being stolen and steps to take if they believe they have been the victim of identity theft. Brochures will be on-hand with important numbers, sample letters to give to creditors, and other information to take home as part of a personal recovery plan.
The Office for Victims of Crime of the U.S. Department of Justice leads communities throughout the country in their annual observances of National Crime Victims’ Rights Week by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme, Honoring the Past. Creating Hope for the Future celebrates the progress made by those in the past as we look into the future of a crime victims’ services future that is even more inclusive, assessable, and trauma-informed.
The Jefferson Area Victim Assistance Coalition consists of members from the Albemarle County Victim/Witness Program, Charlottesville Victim/Witness Program, Fluvanna County Victim/Witness Program, Greene County Victim/Witness Program, Homeland Security Victim Assistance Program, Louisa County Victim/Witness Program, Sexual Assault Resource Agency, University of Virginia Victim/Witness Program, the Federal Bureau of Investigation Victim Assistance Program, the Shelter for Help in Emergency and the United States Attorney’s Office Victim/Witness Program.
Multiple Criminal Illegal Aliens Sentenced for Illegal Reentry to the United States After DeportationRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain today announced sentences in three separate immigration cases in which the defendants, who are all convicted criminals, were also convicted for the additional crime of illegally reentering the United States after having been previously deported. The three cases are United States v. Marcos Mendoza-Jimenez; United States v. Walter Morales-Lopez; and United States v. Melvin Ramos-Moreira.
United States v. Marcos Mendoza-Jimenez
Marcos Mendoza-Jimenez, 43, of West Chester, was sentenced to 24 months imprisonment, followed by immediate and permanent removal from the United States. Mendoza-Jimenez was charged by federal indictment in October 2018 with one count of illegal reentry after deportation. Mendoza-Jimenez, a native and citizen of Mexico, illegally entered the United States sometime before 2004. While living here illegally, he was convicted in 2004 for theft, assault, and false imprisonment based on an altercation with a man who Mendoza-Jimenez held captive in a car for several hours and threatened with a hammer. After his first conviction, Mendoza-Jimenez was deported and removed from the United States. The defendant returned illegally sometime in 2016. In 2018, he also assaulted a female with whom he was in a relationship.
United States v. Walter Morales-Lopez
Walter Morales-Lopez, 33, of Kennett Square, was sentenced to time served, approximately six months after pleading guilty to one count of illegal reentry after deportation. Morales-Lopez, a native and citizen of Mexico, entered the United States illegally sometime prior to 2011, when he was removed from the United States for the first time. At some point thereafter, the defendant illegally reentered the United States and engaged in a sexual relationship with a 15-year-old girl. He was subsequently convicted on state charges of statutory sexual assault, corruption of minors, and luring a child into his car. As a result of his federal conviction on the immigration crime, the defendant will be immediately transferred into the custody of Immigration and Customs Enforcement for immediate permanent removal from the United States.
United States v. Melvin Roberto Ramos-Moreira
Melvin Roberto Ramos-Moreira, 24, of Lancaster, was sentenced to 12 months and 1 day in prison after pleading guilty to one count of illegal reentry after deportation. Ramos-Moreira, a native and citizen of Honduras, entered the United States sometime prior to 2013. In 2013, he was found in the United States, convicted in state court for stalking, and deported for the first time. At some point thereafter, Ramos-Moreira reentered the United States illegally. In 2018, he was charged and pleaded guilty to state charges of stalking, possessing an instrument of crime, invasion of privacy, and harassment following an incident where he followed a female victim shopping in a store and took pictures up the victim’s skirt.
“Those who enter our country illegally are not above the law – nobody is,” said U.S. Attorney McSwain. “These defendants decided they did not have to follow the rules. They not only flouted our nation’s immigration laws, but also committed additional serious crimes while they were here illegally. We will continue to work with our law enforcement partners to uphold the rule of law and ensure our nation’s immigration laws are enforced.”
“All three defendants were previously removed from the United States and have been convicted of crimes: Mendoza-Jimenez for assaulting and stealing from a man whom he threatened with a hammer, Morales-Lopez for sexual assault, Ramos-Moreira for a stalking conviction,” said Simona L. Flores, Field Office Director for ICE Enforcement and Removal Operations (ERO) Philadelphia. “ICE and the U.S. Attorney's Office for the Eastern District of Pennsylvania will seek to prosecute and remove dangerous criminals who break United States law. Our officers continue to work daily with professionalism and integrity, enforcing the law as set forth by Congress.”
These cases were investigated by ICE’s Enforcement and Removal Operations and are being prosecuted by Assistant United States Attorneys Mary Kay Costello, Mary E. Crawley, and Nancy Beam Winter.
Missoula couple, accountant charged with income tax fraudRead the Press Release
MISSOULA—A Missoula couple and their accountant on Thursday denied federal charges accusing them of conspiring to defraud the federal government by skimming money from two businesses and failing to report that income on tax returns, U.S. Attorney Kurt Alme said.
Joseph Mark Baumgardner, 55, his wife, Traci Janelle Baumgardner, 48, both of Missoula, and their accountant, Daniel Brian Burke, 62, of Florence, pleaded not guilty to a 13-count indictment. The indictment charges all three with conspiracy to defraud the United States, subscribing to a false document and aiding and assisting the subscribing to a false document.
If convicted of the most serious crime, the defendants face a maximum five years in prison, a $250,000 fine and three years of supervised release.
The indictment is merely an allegation and the defendants are presumed innocent until proven guilty.
U.S. Magistrate Judge Jeremiah C. Lynch presided. He continued the release of all defendants pending trial.
The indictment alleges that the Baumgardners, with Burke’s assistance, filed false tax returns for the years 2011 through 2013 for their two businesses, which are Splash Car Wash and Pro Sweep Plus. During the period, the two businesses earned gross receipts totaling $5,001,374 while the total tax paid over the same time period was $10,066.
Splash Car Wash operated two car washes, one in Hamilton and one in Missoula. Pro Sweep Plus is an industrial maintenance company. Both companies are based in Missoula.
Burke, a certified public accountant who owned and operated Burke and Company, P.C., prepared the Baumgardners’ tax returns.
The Baumgardners’ elected to have their companies taxed as flow-through entities, which are known as S Corporations. Corporate income and expenses are reported to the IRS, with the information ultimately flowing to the individual income tax returns.
The indictment alleges the Baumgardners skimmed cash from Splash Car Wash in 2012 and 2013, and with Burke’s assistance, did not report the skimmed cash on their corporate tax returns and, consequently, on their individual tax returns.
In addition, the indictment alleges the couple, with Burke’s help, inappropriately deducted personal expenses on their corporate tax returns for the two companies, and, consequently on their individual tax returns.
Assistant U.S. Attorney Ryan Weldon is prosecuting the case, which was investigated by the IRS.
Pacer case reference. 19-14.
The case may be monitored through the U.S. District Court calendar and the PACER system. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Meth investigation that yielded 12 pounds and firearm sends Laurel man to prisonRead the Press Release
BILLINGS—Laurel resident Jefferson Scott Perrigo, who admitted meth trafficking and firearms crimes, was sentenced on Thursday to 17 years in prison and five years of supervised release after agents found about 12.5 pounds of meth in his vehicle and a storage unit, U.S. Attorney Kurt Alme said.
Perrigo, 45, pleaded guilty earlier to conspiracy to possess with intent to distribute meth, possession with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. There was no plea agreement.
U.S. District Judge Susan P. Watters presided.
Prosecutors said evidence showed that drug task force officers learned in the fall of 2017 from an informant and Crime Stoppers reports that Perrigo was distributing meth in Billings. The investigation involved using a confidential informant to make controlled meth buys from an associate of Perrigo’s known to deal meth for him and placing tracking devices on vehicles of both Perrigo and his associate. The vehicles frequented a storage unit in Billings. After getting a search warrant for Perrigo’s vehicle and the storage unit, agents found a semi-automatic handgun in a backpack, body armor and three packages of meth totaling about 2.5 pounds in the vehicle and 10 packages of meth, each weighing about a pound, in the storage unit. The amount of meth seized is the equivalent of about 45,359 doses.
Assistant U.S. Attorneys Cassady Adams and Lori Suek prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI’s Big Sky Western Transnational Organized Crime Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Mass. Men Sentenced for Transporting Illegal AlienRead the Press Release
UTICA, NEW YORK – Mohan S. Saini, age 63, of Arlington, Massachusetts, and Melvin Claudio, age 22, of Lawrence, Massachusetts, were sentenced yesterday for transporting an illegal alien within the United States. Saini was sentenced to time served (3 days in jail), followed by 3 years of supervised release, with 100 hours of community service, and a fine of $50,000. Claudio was sentenced to time served (4 days in jail), followed by 3 years of supervised release, and 50 hours of community service.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
In February 2018, Saini hired Claudio to help him pick up an illegal alien near the border and transport him to Massachusetts. On February 18, 2018, Saini and Claudio drove in separate cars to the Akwesasne Mohawk Indian Reservation near Hogansburg, New York. While there, Claudio waited in a public parking lot and Saini drove to a remote location where he picked up Anil Singh, an illegal alien from India who had just crossed the border. Saini transported Singh to where Claudio was waiting, and Singh transferred to Claudio’s car. After Singh was successfully transferred to Claudio’s car, they all left the reservation driving east toward Massachusetts.
A Border Patrol Agent had observed the transfer of Singh between the cars on the reservation. After Saini and Claudio had left the reservation, they were each stopped and arrested by Border Patrol.
Anil Singh, age 28, and a citizen of India, was convicted of the misdemeanor offense of entry without inspection on February 26, 2018, and sentenced to time served (8 days in jail).
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Marshalltown Man Sentenced to Prison for Drug and Firearm OffensesRead the Press Release
DES MOINES, Iowa – On April 4, 2019, Dana Andrew Eller, age 38, of Marshalltown, was sentenced by United States District Court Judge Stephanie M. Rose for Possession with Intent to Distribute Methamphetamine and Possession of a Firearm During a Drug Trafficking Crime. Eller was sentenced to 270 months in prison to be followed by a five-year term of supervised release.
In April 2018, officers with the Mid Iowa Drug Task Force interdicted a package containing methamphetamine and marijuana intended for Eller’s Marshalltown residence. After officers delivered the package to Eller, a search warrant was executed at his residence. Inside Eller’s residence, officers discovered over 2.8 kilograms of methamphetamine, over 100 grams of marijuana, and three firearms. Two of the firearms were loaded with live rounds of ammunition and were in close proximity to drugs and drug-related materials.
This matter was investigated by the Mid Iowa Drug Task Force, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Marshalltown Police Department, and the Drug Enforcement Administration. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Marion County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Marcus Devaughn Coleman, of Fairmont, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Coleman, age 35, pled guilty to one count of “Unlawful Possession of a Firearm.” Coleman, who is prohibited from having a firearm, admitted to having 9mm pistol in March 2018 in Marion County.
Coleman faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Marion County Sheriff’s Office investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Man Pleads Guilty to Charges of Stealing Senate Information, Illegally Posting Restricted Personal Information of U.S. Senators on WebsiteRead the Press Release
WASHINGTON – A former staff member who worked in an office of a United States Senator pled guilty today to federal charges stemming from his theft of Senate information and the illegal posting of restricted personal information of five U.S. Senators on the Wikipedia website, as well as related conduct.
The announcement was made by Alessio D. Evangelista, the Acting U.S. Attorney in this case, and Matthew R. Verderosa, Chief of the U.S. Capitol Police.
Jackson A. Cosko, 27, of Washington, D.C., pled guilty to five federal offenses: two counts of making public restricted personal information; one count of computer fraud; one count of witness tampering, and one count of obstruction of justice. Under federal sentencing guidelines, which are to be calculated at a later date, Cosko could face a prison term within the range of either 30 to 37 months or 46 to 57 months. The plea agreement requires Cosko to forfeit computers, cellphones and other equipment used in the crimes. The Honorable Senior Judge Thomas F. Hogan scheduled sentencing for June 13, 2019.
According to the government’s evidence, the U.S. Capitol Police began an investigation on Sept. 27, 2018, after it was determined that the Wikipedia pages of three U.S. Senators had been edited to include restricted personal information without their knowledge or permission. This information included home addresses and personal telephone numbers. These edits took place roughly contemporaneously with public – and highly publicized – Senate proceedings related to a nomination for the U.S. Supreme Court. Then, on Oct. 1, 2018, similar information was posted on the Wikipedia pages of two additional Senators.
“Doxxing” is the act of gathering, by licit and illicit means, and posting on the Internet personal identifying information (“PII”) and other sensitive information about an individual.
In a statement of offense submitted as part of today’s plea, Cosko admitted that he had been angry about his termination in May 2018 from his employment as a computer systems administrator in the office of another U.S. Senator (described in court documents as Senator #1). As a result, beginning no later than July 2018 and continuing until October 2018, he engaged in an extensive computer fraud and data theft scheme. He admitted that he carried out the scheme by breaking into Senator # 1’s office on at least four occasions and accessing Senate-owned computers for the express purpose of stealing proprietary electronic information, including the personal contact information for numerous other Senators. He then published the contact information for five U.S. Senators (identified as Senators #2, 3, 4, 5, and 6) using Wikipedia and Twitter, with the intent to threaten and intimidate these five Senators and their families.
On the night of Oct. 2, 2018, according to the evidence, a witness saw Cosko at a computer in Senator # 1’s office. The witness confronted Cosko, who left the office. Later that evening, according to the statement of offense, Cosko sent a threatening e-mail to the witness, titling it, “I own EVERYTHING” and warning that, “If you tell anyone I will leak it all.” Additionally, that evening Cosko attempted to delete electronic evidence from items including a laptop computer that he used to obtain and download the stolen data.
An investigation led to Cosko’s arrest the following day by the U.S. Capitol Police.
This case was investigated by the U.S. Capitol Police. It is being prosecuted by Assistant U.S. Attorneys Demian S. Ahn, Tejpal S. Chawla, and Youli Lee. Assistance was provided by Paralegal Specialists Diane Brashears and Matthew Ruggierio and Victim/Witness Advocate Yvonne Bryant, all of the U.S. Attorney’s Office for the District of Columbia.
MS-13 Gang Member Sentenced to Prison for Illegal ReentryRead the Press Release
ALEXANDRIA, Va. – A Salvadoran man who has been charged with multiple murders in El Salvador was sentenced today to one year in prison for illegally reentering the United States.
According to court documents, Fily Giovany Amaya-Martinez, 36, a known MS-13 member, was removed at taxpayer expense from the United States to El Salvador in 2003 following a conviction for an aggravated felony in Fairfax County. Amaya-Martinez reentered the United States illegally in 2009 after being charged with multiple murders in El Salvador and lived undetected in northern Virginia until an anti-gang task force discovered his illegal presence in 2018.
“After allegedly committing multiple murders in El Salvador, this violent MS-13 gang member fled El Salvador and illegally crossed our southern border to get back into the United States,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case is a prime example of our need for strong borders and why this office continues to prioritize criminal immigration cases. My thanks to the dedicated anti-gang task force agents for their outstanding work on this important case, and for removing this dangerous felon from our community.”
“Amaya-Martinez fled justice in his home country and defied the laws of this country when he illegally reentered,” said Lyle Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “Today’s sentencing answers his defiance. We stand with the U.S. Attorney’s Office in resolute commitment to continue to ensure that our communities are safe from dangerous criminals.”
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by U.S. District Judge Liam O’Grady. Special Assistant U.S. Attorney Andrew Dober and Assistant U.S. Attorney Alexander Berrang prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-413.
Lafayette Man Sentenced to 70 Months in Prison for Possession of Child PornographyRead the Press Release
HAMMOND – Dennis A. Jones, 47 years old, of Lafayette, Indiana, was sentenced by District Court Judge Philip P. Simon on his plea of guilty to possession of child pornography, announced U.S. Attorney Kirsch.
Jones was sentenced to 70 months imprisonment followed by 5 years supervised release and ordered to pay $25,000 in restitution to five victims.
According to court documents, between February 2015 and January 2016, Jones downloaded and received child pornography from the internet, including the dark web. Law enforcement found Jones in possession of over 2,000 still images and over 45 videos depicting minors engaging in sexually explicit conduct including materials featuring prepubescent minors and materials depicting torture and violence against children.
This case was investigated by the FBI with the assistance of the Lafayette Police Department and prosecuted by Assistant United States Attorney Abizer Zanzi.
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Lady Lake Man Indicted for Producing Child PornographyRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Brian Alan Jones (36, Lady Lake) with producing child pornography. If convicted, Jones faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison.
According to court documents, Jones produced sexually explicit images of a minor. Jones took photographs of the victim’s genitalia on his cellphone and sent them to an undercover officer who was posing as a pedophile.
An indictment is merely a formal charge that a defendant has violated one or more of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Michael P. Felicetta.
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.
Justice Department observes national crime victims’ rights week with events throughout the countryRead the Press Release
WHEELING – In observance of National Crime Victims’ Rights Week, April 7-13, 2019, the Northern District of West Virginia’s United States Attorney’s Office will speak to several schools about social media, online safety and drug prevention, as well as hold a human trafficking training in Shepherdstown, all to help prevent and support victims in the district.
“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."
“We act on behalf of crime victims and do what they cannot. We investigate, prosecute, and advocate for proper punishment, including payment of appropriate restitution. We work every day to try and assuage their fear, anxiety or loss. Victims of crime deserve no less, and we will continue to work diligently on their behalf,” said Powell.
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 Northern District of West Virginia Victim Witness Program at 304-234-0100.
Justice Department Observes National Crime Victims’ Rights Week with Events Throughout the CountryRead the Press Release
CEDAR RAPIDS, IOWA – In observance of National Crime Victims’ Rights Week, April 7-13, 2019, the United States Attorney’s Office for the Northern District of Iowa is participating in multiple events throughout the state, including honoring an Algona, Iowa, police officer with the highest federal honor in Iowa for victim services by a law enforcement officer.
“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."
“It is a crucial to our criminal justice system that we hear the voices of crime victims,” said United States Attorney Peter E. Deegan, Jr. “The events of National Crime Victims’ Rights Week give law enforcement and the public the chance to show victims of crime that others stand with them, hear their voices, and recognize their courage.”
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 United States Attorney’s Office for the Northern District of Iowa will participate in and encourages the public to attend the following events:
- On April 7, there will be an opening ceremony as the kick-off event for National Crime Victims’ Rights Week 2019. The ceremony will be held at Horizons, 819 5th St. SE, Cedar Rapids at 1:00 P.M. This event will include a proclamation from Mayor Brad Hart declaring the week to honor victims of crime. The ceremony will feature the presentation of the Jennifer Clinton Domestic Violence Service Award. There will also be a keynote address given by a domestic violence survivor;
- On April 8, from 6:30 to 7:30 P.M. at Horizons, 819 5th St. SE, Cedar Rapids, there will be a Memorial Craft Night, where memorial boxes will be crafted to process trauma experience, honor loved ones lost, and share a safe space with others. Light refreshments and crafting materials will be provided;
- On April 11, there will be a candle-lighting ceremony and speakers as part of the National Crime Victims’ Rights Week 2019 Commemoration. The commemoration will occur at the Iowa Department of Corrections, 510 East 12th Street, in Des Moines, from 10:00 A.M. to 12:30 P.M.;
- On April 12, there will be a Candle Light Vigil at Horizons, 819 5th St. SE, Cedar Rapids, from 7:00 to 8:30 P.M. The annual Survivor's candlelight vigil offers families of victims of crime, survivors of violent crime, and loved ones to join together in memorial. The event will share a slideshow of the victims, offer a chance to light memorial candles, and celebrate the lives of those lost. The candlelight vigil will have light refreshments, music, and spoken poetry;
- On April 13, the Go the Distance for Crime Victims 5K run/walk will be held at Thomas Park in Marion. Registration begins at 7:00 A.M. More information is available at http://GotheDistance5k.com.
Also, on April 12, United States Attorney Deegan will present the Law Enforcement Victim Services Award to Officer Marcus Bacha of the Algona Police Department in a ceremony beginning at 1:00 P.M. at the Algona Police Department, 121 W State St., Algona. This award is presented to law enforcement officers in Iowa who go beyond the call of duty to help crime victims. It is the highest federal honor in Iowa for victim services by a law enforcement officer.
“When a teen girl with special needs disclosed she was being abused by a family member, Algona Police Officer Marc Bacha investigated the victim’s complaint, and after a great deal of hard work and determination, secured the evidence, that led to a conviction,” said United States Attorney Deegan. “The perpetrator received a 15 year prison sentence and the victim is moving on with her life. Officer Bacha’s willingness to hear and act on the victim’s cries for help is what makes him an outstanding choice for a Victims’ Rights Award.”
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 Victims’ Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Victim Witness Program at (319)363-6333.
Jury Convicts Former Kansas City Business Owner of Tax CrimeRead the Press Release
KANSAS CITY, Mo. – An owner of a former Kansas City business, Barrett Prelogar, 48, was convicted by a federal trial jury today of corruptly endeavoring to impede the due administration of the internal revenue laws.
Prelogar was a founding partner of the now-defunct Winntech Digital Systems, Inc. The company primarily produced electronic displays used in stores or at trade shows.
Prelogar failed to pay over to the government the payroll taxes withheld from Winntech employees’ paychecks in 2002 and 2003. He then obstructed the TRS’s collection process of the Trust Fund Recovery Penalty, which had been assessed against him personally for the unpaid trust fund taxes of Winntech. He also obstructed the IRS’s collection of the income taxes he owed for 2008.
On Oct. 28, 2009, Prelogar filed his 2008 tax return. The return reported over $500,000 in gross income and a tax due and owing of $120,103. Prelogar did not submit any payments with the 2008 tax return. Yet, from November 2009 through April 2011, he paid a total of more than $362,000 towards a house at the Lake of the Ozarks, a house near the Plaza in Kansas City, Mo., a house in Leawood, Kan., a Porsche, a Jeep, and a boat. During that time, he made no payments on his 2008 tax debt.
Subsequently, Prelogar engaged in several strategies from May 2011 to March 28, 2016, to obstruct the collection of taxes and penalties he owed to the government. Prelogar used corporate funds to pay his personal expenses, structured cash withdrawals from Winntech’s bank account to avoid federal bank reporting requirements, and cashed his payroll checks from his wife’s company, Bare Skull Innovation, LLC, rather than placing the money into a personal bank account, all to avoid IRS collections.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for approximately 3 1/2 hours before returning the guilty verdict to U.S. District Judge Stephen R. Bough, ending a trial that began Monday, April 1, 2019.
Under federal statutes, Prelogar 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 and Trial Attorney David Zisserson of the U.S. Department of Justice’s Tax Division. It was investigated by IRS-Criminal Investigation.
Jacksonville Man Pleads Guilty to Distributing Child Sex Abuse Photos over the InternetRead the Press Release
Jacksonville, Florida – Marc Lionel Lewis (51, Jacksonville) has pleaded guilty to a federal charge that he distributed images depicting the sexual abuse of children over the internet. Lewis faces a mandatory minimum penalty of 5 years, and up to 20 years, in federal prison, and a potential life term of supervised release. He must also register as a sex offender. A sentencing date has not been set.
According to court documents, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) began an investigation to identify individuals who were using a particular file-sharing network to access and distribute child pornography over the internet. Agents confirmed that a host computer located in Jacksonville, Florida was offering files depicting child pornography for sharing over the internet, and were able to download images of young children being sexually abused from this host computer. Further investigation revealed that these files were being shared over the internet, by Lewis, at his Jacksonville residence.
On July 17, 2017, HSI agents executed a federal search warrant at Lewis’s residence and seized several computer devices. Forensic analysis of the computer media revealed approximately 37 images of child pornography and 142 images of child erotica. Lewis had attempted to delete these files using anti-forensic software, but the contraband images, as well as evidence of the file sharing program, remained and were recovered. By accessing and downloading child pornography through the file-sharing program, Lewis knowingly made it available for sharing and distribution to other users over the internet.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jackson Man Sentenced to Statutory Maximum 10 Years in Federal Prison Under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Christopher Younger, 38, of Jackson, was sentenced yesterday, by U.S. District Judge Henry T. Wingate, to 120 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana K. Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Younger was previously convicted of multiple felonies, including house burglary, embezzlement, and auto burglary. On January 31, 2018, Younger was found in possession of a firearm when members of the U.S. Marshals’ Gulf Coast Regional Fugitive Task Force went to arrest him for violating his parole from the Arkansas Department of Corrections.
Judge Wingate highlighted Younger’s extensive criminal history as part of the explanation for his decision to sentence the defendant to the statutory maximum, citing the fact that Younger had been convicted of multiple offenses across multiple states. Additionally, the court ruled that the sentence will run consecutive to any outstanding state sentence that Younger is currently serving.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It was prosecuted by Assistant United States Attorneys Lynn Murray and Andrew W. Eichner.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S.
Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Pleads Guilty Under Project EJECT to Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Donte Porter, 33, of Jackson, pled guilty today before U.S. District Judge Henry T. Wingate to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On March 20, 2018, the Clinton Police Department received a call regarding a black male brandishing a firearm and acting suspicious at the Auto Zone in Clinton. The man left the scene in a black Nissan Maxima before officers arrived. The officers found a vehicle matching the description and attempted a traffic stop, but the driver, later identified as Donte Porter, drove off headed towards Jackson. The officers chased Porter into Jackson, where the vehicle finally came to a stop. A search of the vehicle revealed a handgun in the center console. Porter has a 2008 conviction for house burglary in Hinds County.
Porter will be sentenced by Judge Wingate on July 2, 2019, at 9:30 a.m. and faces a maximum penalty of 10 years in prison and a $250,000 fine, followed by a three year term of supervised release.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Clinton Police Department, and the Jackson Police Department. It was prosecuted by Assistant United States Attorney Chris Wansley.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Jackson Man Pleads Guilty Under Project EJECT to Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Adrian Charleston, 24, of Jackson, entered a guilty plea on Friday, April 5, 2019 before Chief U.S. District Judge Daniel P. Jordan to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana K. Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Charleston was previously convicted of manslaughter in Hinds County in 2013 and was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections with fifteen of those years suspended. On June 30, 2018, Charleston possessed a firearm and tried to hide the evidence by discarding the firearm in a dumpster before being caught by law enforcement.
Charleston will be sentenced by Chief Judge Jordan on July 19, 2019 at 9:00 a.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department investigated the case. It is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Inmate at Federal Correctional Institute at Allenwood Pleads Guilty to Assault of Correctional OfficerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Demetrius Catching, age 28, formerly of Lexington, Kentucky, and currently inmate at FCI Allenwood, pleaded guilty on April 2, 2019, before U.S. District Court Judge Robert D. Mariani to assault on a correctional officer.
According to United States Attorney David J. Freed, Catching admitted to punching a correctional officer during an altercation on March 7, 2016.
Judge Mariani ordered a presentence investigation report to be completed. Sentencing will be scheduled at a later date.
The matter was investigated by the Federal Bureau of Investigation (FBI) and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is up to eight years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed to be innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on April 5 was:
MONWELL DWIGHT BOOTH, 38, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Booth faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. He was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-27.
KATRINA MARIE BOLEJACK, 24, of Billings, and DAVID ANDREW MEYERS, 24, of Billings, on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute meth. If convicted of the most serious crime, Bolejack and Meyers face a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Bolejack and Meyers were detained. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the FBI and Billings Police Department. Pacer case reference. 19-26.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on April 2 was:
TANIA LONGTIN, 35, and JAMIE ALAN CORDELL, 45, both of Wyoming, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Longtin and Cordell face a minimum mandatory 10 years to life in prison, a $4 million fine and five years of supervised release. Longtin and Cordell were detained. The case was investigated by Department of Homeland Security’s Immigration and Customs Enforcement. Pacer case reference. 07-69.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illegal Alien Sex Offender Sentenced for Returning to the United States after DeportationRead the Press Release
CORPUS CHRISTI, Texas – A 33-year old Guatemalan citizen has been ordered to federal prison following his conviction for illegally re-entering the United States after deportation, announced U.S. Attorney Ryan K. Patrick. Edward Estuardo Jacinto-Garcia pleaded guilty Nov. 27, 2018.
Today, Senior U.S. District Judge Hilda Tagle sentenced Jacinto-Garcia to 72 months in federal prison. At the hearing, the court considered that prior to Jacinto-Garcia’s first deportation from the United States, he had been convicted of sexual assault and had previously been convicted of illegally re-entering the country and failing to register as a sex offender. In handing down the sentence, Judge Tagle noted that it was appropriate given the seriousness of the offense and to protect the public. Jacinto-Garcia was on supervised release at the time of the new offense. Judge Tagle revoked that term and ordered he serve an additional two months to be served consecutively.
On Oct. 14, 2018, Border Patrol (BP) agents encountered a group of seven undocumented aliens in the brush near U.S. Highway 281 who had attempted to circumvent the immigration checkpoint near Falfurrias. At the time of the arrests, agents determined Jacinto-Garcia was a citizen and national of Guatemala who had previously been deported from the United States and had re-entered without permission.
In custody since his arrest, Jacinto-Garcia will remain in federal custody pending transfer to a U.S. Bureau of Prisons facility
BP conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Holyoke Man Sentenced for Selling CocaineRead the Press Release
BOSTON - A Holyoke man was sentenced on Wednesday, April 3, 2019, in federal court in Springfield for selling cocaine.
Carlos Maldonado, 30, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 30 months in prison and six years of supervised release. In October 2018, Maldonado pleaded guilty to one count of distribution and possession with intent to distribute cocaine. Maldonado was arrested in September 2016 and has been in federal custody since.
“The government asked for a sentence of 216 months for this career offender,” said U.S. Attorney Andrew E. Lelling. “Maldonado has previously served seven years in prison for assault with intent to murder and has a prior federal conviction for drug dealing – the crime he was sentenced for Wednesday. We respectfully disagree with the Court’s sentence of 30 months.”
On July 15, 2016, Maldonado distributed cocaine to a government witness in Holyoke. This was Maldonado’s second federal narcotics-related conviction, as he was convicted in 2015 in federal court in Springfield for possessing heroin with the intent to distribute and was sentenced to 16 months in prison. Maldonado had been released from a residential re-entry center in May 2016, only two months prior to the time of committing the offense for which he was sentenced on Wednesday.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Acting Springfield Police Commissioner Cheryl Clapprood; and Holyoke Police Chief Manny Febo made the announcement. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office prosecuted the case.
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.
Guatemalan National Sentenced to Prison for Assault on Federal OfficersRead the Press Release
TUCSON, Ariz. – On April 5, 2019, Walfre Lopez-Giron, 25, of Guatemala, was sentenced by U.S. Senior District Judge Raner C. Collins to six months’ imprisonment to be followed by a term of two years supervised release. Lopez-Giron had previously pleaded guilty to assault on federal officers.
On Nov. 27, 2018, U.S. Border Patrol agents apprehended a group of individuals who had entered the country illegally in an area near Three Points, Ariz. Lopez-Giron fled from the agents, but was later arrested. During his arrest, Lopez-Giron threw sand in one agent’s eye and spat in another agent’s face.
The investigation in this case was conducted by United States Customs and Border Protection. The prosecution was handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-18-02664-TUC-RCC
RELEASE NUMBER: 2019-045_Lopez-Giron
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on April 1, 2019, by U.S. District Judge Roberto A. Lange.
Rain Blaine, age 19, was sentenced to 33 months in federal prison, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Blaine was indicted by a federal grand jury on August 14, 2018. He pled guilty on January 8, 2019.
The conviction stemmed from an incident on June 24, 2018, when Blaine became upset with an individual during a conversation and stabbed the victim in the abdomen. Blaine then dropped the knife and began to physically assault the victim with his hands and feet. The victim had to be airlifted to Sioux Falls, where he was treated for his injuries.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Blaine was immediately turned over to the custody of the U.S. Marshals Service.
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Former Navy Federal Credit Union Employee Pleads Guilty to Producing and Possessing Child Pornography in PensacolaRead the Press Release
PENSACOLA, FLORIDA – Michael Lee DePine, 62, of Pensacola, pleaded guilty today to the production and possession of child pornography. Based upon his guilty plea, he will be required to register as a sex offender. Lawrence Keefe, United States Attorney for the Northern District of Florida, announced the guilty plea.
In December 2018, law enforcement officers received information from the National Center for Missing and Exploited Children that DePine and a local minor female were engaged in illicit sexual communications and activity via Facebook Messenger. After Homeland Security Investigations and the Pensacola Police Department geo-located DePine’s criminal activity to his Pensacola residence, law enforcement obtained a federal search warrant for the residence.
In January 2019, law enforcement searched DePine’s residence. While searching the residence, DePine was located at his place of employment, Navy Federal Credit Union. A forensic review of DePine’s seized digital media confirmed that he was in possession of multiple child pornographic images and videos of the minor victim. DePine produced these images and videos of the minor female in his bedroom at the residence. The investigation revealed that DePine had been picking the minor female up at her residence in the middle of the night to bring her back to his residence and engage in sexual acts. DePine also provided the minor female with intimate apparel and electronic funds for her expenses.
U.S. Attorney Keefe said: “Tragically, the Internet and social media can allow child predators a gateway to victimize children, the most innocent and vulnerable members of our communities. Together with our investigative partners, we will vigilantly pursue and prosecute those who hurt minors.”
“The harm this predator has caused to a young child is unimaginable to most of society,” said HSI Tampa Special Agent in Charge James C. Spero. “Thanks to the diligence of our special agents and the Pensacola Police Department, he will be held accountable for that harm, and we hope today’s guilty plea is a small step on the road to recovery for the young survivor of his crimes.”
DePine faces the following penalties:
- Production of Child Pornography – A mandatory minimum of 15 years up to a maximum of 30 years in prison;
- Possession of Child Pornography – A maximum of up to 10 years in prison;
- Registration as a Sex Offender; and
- Forfeiture of his Pensacola residence, his 2016 Lexus, and all the electronics used to commit the offenses.
The sentencing hearing is scheduled for June 14, 2019, at 3:00 p.m. at the United States Courthouse in Pensacola.
The case was investigated by United States Immigration and Customs Enforcement Homeland Security Investigations, the Pensacola Police Department, and the North Florida Internet Crimes Against Children Task Force. The case was prosecuted by Senior Litigation Counsel David L. Goldberg.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.