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Friday 22 February 2019
New Mexico Man Sentenced to More Than 21 Years in Federal Prison for Methamphetamine TraffickingRead the Press Release
A New Mexico man was sentenced on February 22, 2019, to federal prison after he was convicted in Sioux City on September 27, 2018, following a two day jury trial.
William Thomas Hill, age 41 from Bloomfield, New Mexico, was convicted of conspiracy to distribute methamphetamine, and possession with intent to distribute methamphetamine.
The evidence at trial showed that Hill was a leader in a conspiracy to distribute ice methamphetamine in the Sioux City area. Hill recruited others to bring methamphetamine from California to sell in the Sioux City area. Hill, and others arranged large quantities of methamphetamine to be delivered to Sioux City on at least three occasions in the fall of 2017. On November 8, 2017, Hill, and co-defendant Kelvin Ross, were in possession 2 pounds of nearly pure methamphetamine from California. Hill was arrested while arranging the transfer of the drugs to a Sioux City man, and Ross was arrested at a local motel later that night. When Ross was arrested, officers of the Tri-State Drug Task Force found two pounds of high purity methamphetamine in the engine compartment of his car.
Hill was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Hill was sentenced to 262 months’ imprisonment. He must also serve a 5 year term of supervised release after the prison term. There is no parole in the federal system.
Hill is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Jack Lammers and Mikala Steenholdt, and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa. The Tri-State Drug Task Force consists of law enforcement personal from the Drug Enforcement Administration; Sioux City, Iowa Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office..
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4071-LTS.
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Nebraska Man Sentenced for Passing and Uttering a Counterfeit Check of a Political SubdivisionRead the Press Release
United States Attorney Joe Kelly announced that Joseph M. Calhoun, age 34, was sentenced today in federal court in Omaha, Nebraska, for one count of Passing and Uttering a Counterfeit Check of a Political Subdivision. The Honorable Robert F. Rossiter, Jr. sentenced Calhoun to five months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Calhoun will begin a three-year term of supervised release. Calhoun must pay $14,346 in restitution.
On January 11, 2018, co-conspirators printed three counterfeit checks payable to Calhoun. The counterfeit checks falsely indicated that they were from the Housing Authority of the City of North Platte. Calhoun traveled to banks in Lincoln and Omaha and cashed the checks. The three counterfeit checks totaled $14,346. After cashing the checks, Calhoun provided the money to the co-conspirators who had printed the checks. The co-conspirators paid Calhoun for cashing the counterfeit checks. In cashing the counterfeit checks, Calhoun intentionally defrauded the First National Bank and Trust of North Platte Nebraska.
The case was investigated by the Omaha Police Department.
Nashville Man Convicted of Distributing More Than 50 Grams of MethamphetamineRead the Press Release
NASHVILLE, Tenn. – February 22, 2019 – Travis Lamont Suggs, 43, of Nashville, Tennessee, was convicted yesterday, after a three-day trial in U.S. District Court, of distributing more than 50 grams of methamphetamine, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to evidence and testimony at trial, in March 2018, Suggs communicated with a cooperating individual (CI) about selling methamphetamine. During the course of several days, Suggs and the CI exchanged several text messages and ultimately agreed on the quantity, price and meeting place for the exchange. On March 21, 2018, Suggs met the CI at the Park-and-Ride lot near Interstate 24, in Clarksville, Tennessee. As the deal was being consummated, agents from the Tennessee Bureau of Investigation; DEA; and detectives from the Clarksville Police Department moved to arrest Suggs, at which time he jumped from his rental car and fled on foot. The officers chased and apprehended Suggs and found approximately $3,100 in his pocket and more than one-half pound of methamphetamine in his car.
Suggs faces a mandatory minimum sentence of 10 years in prison when he is sentenced later this year by U.S. District Court Judge William L. Campbell, Jr.
This case was investigated by the DEA; the Tennessee Bureau of Investigation; and the Clarksville Police Department. Assistant U.S. Attorneys Miller Bushong, Juliet Aldridge and Phillip Wehby prosecuted the case.
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Mission Man Charged with Failure to AppearRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
William J. Waukechon, age 19, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On June 12, 2018, Waukechon was indicted for multiple offenses, including Using and Carrying a Firearm During and in Relation to Crime of Violence. He made his initial appearance on that Indictment on August 13, 2018, and was subsequently released pending trial. The Indictment alleges that on January 22, 2019, Waukechon failed to appear for a scheduled hearing.
The charge is merely an accusation and Waukechon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Waukechon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Miller Man Charged with Being a Drug User in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Miller, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.
Johnathan Taylor, age 26, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 1, 2018, and December 12, 2018, Taylor, an unlawful user of and addicted to marijuana, had multiple firearms in his possession. It is a federal felony for any person to possess a firearm while regularly using, or addicted to, illegal drugs.
The charge is merely an accusation and Taylor is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Taylor was released on conditions pending trial. A trial date has not been set.
Mequon Accountant Sentenced for Tax SchemeRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin, announced that Randy D. Usow (age 63) of Mequon, Wisconsin, was sentenced in federal court for stealing more than $800,000 from the federal government by filing false tax returns in the name of one of his clients and for using the identity of that client to help commit his theft.
U.S. District Judge Pamela Pepper sentenced Usow to 30 months in prison, to be followed by three years of supervised release, and ordered him to pay more than $600,000 in restitution.
Usow, who operated an accounting business in Mequon known as Randy Usow Accounting, Inc., prepared and filed state and federal tax returns for third parties. The charges against Usow are based on his preparing and filing of false tax returns for one of his clients and his wife in which Usow fraudulently claimed refunds the clients were not entitled to and then diverting the fraudulent refunds to himself.
To conceal his activity, Usow provided clients with a different version of the tax returns that reflected the correct refund to which the clients were entitled.
As part of his scheme, Usow opened a bank account in the name of his client without the client’s knowledge or consent. Usow then directed the IRS to send a fraudulent refund to this account. After receiving the refund, Usow transferred a portion of the refund to a second bank account he had opened in the name “US Government, LLC.” Usow then used this account to pay the clients the smaller refund the clients were expecting.
During the period from April 2011 through May 2015, Usow filed at least four false federal income tax returns, fraudulently seeking more than $800,000 in federal income tax refunds and diverted those funds to himself.
This matter was investigated by the Criminal investigation Division of the Internal Revenue and was prosecuted by Assistant United States Attorney Matthew L. Jacobs.
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Man Sentenced to Prison for Causing Opioid Overdose DeathsRead the Press Release
ALEXANDRIA, Va. – A Canadian man living in Leesburg was sentenced today to 21 years in prison for conspiring to distribute heroin and fentanyl that caused two deaths and one non-fatal overdose in 2016.
“Curry’s distribution of heroin and fentanyl in Leesburg carried grave consequences, causing at least three overdoses, including two overdose deaths,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The investigation and prosecution of opioid-related crimes continues to be a top priority for the Eastern District, and we remain steadfast in our pursuit of those who spread this poison in our communities.”
According to court documents, Joseph Riley Curry, 29, obtained heroin and fentanyl from sources of supply that he distributed to customers in Loudoun County. Drugs that Curry distributed killed two people in March 2016, and caused a third individual to experience an overdose that required medical intervention. In August 2017, Curry was arrested on a state felony distribution charge. While in custody, Curry ordered another individual to destroy evidence he thought might be used against him in a possible federal prosecution.
This matter was investigated by the Leesburg Police Department and the Washington Field Office’s Safe Streets/HIDTA Task Force – Northern Virginia which is composed of FBI Agents, and Task Force Officers from the Fairfax County, Loudoun County, Leesburg, Prince William County Police Departments, HSI, ATF, with assistance from the DEA Mid-Atlantic Regional Laboratory. This matter was brought to the attention of the task force by the Leesburg Police Department.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, Michael L. Chapman, Loudoun County Sheriff, and Gregory C. Brown, Leesburg Chief of Police, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorney David A. Peters 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 is 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-396.
Man Indicted After Phishing Email Duped Crowley ISD Out of $2 MillionRead the Press Release
A Florida man has been formally indicted for his role in a scheme to steal money from Crowley Independent School District (ISD) in Crowley, Texas, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
A federal grand jury indicted Donald Howard Conkright, 61, on two counts of wire fraud after a phishing email duped the district into sending nearly $2 million to his personal bank account.
According to the indictment, in October 2018, an email was sent to Crowley ISD’s Director of Accounting, falsely claiming to contain updated banking information for a construction company with which Crowley ISD did business. In reality, the information was for Mr. Conkright’s personal bank account.
Relying on the false information provided in the email, Crowley ISD sent two wire payments, totaling $1,995,715.52, to Mr. Conkright’s account. Mr. Conkright used those funds to purchase a luxury vehicle and wrist watches, execute wire transfers, and make cash withdrawals.
“Unfortunately, these sorts of spear-phishing email attacks have become all-too-common – and perpetrators are targeting not just individuals, but corporations and public institutions as well,” said Nealy Cox. “We cannot allow bad actors to divert precious school resources away from educating our children.”
“We urge constant vigilance on email, and pledge to continue to partner with the FBI to identify perpetrators and bring them to justice,” she added.
An indictment is merely an allegation of wrongdoing, not evidence. Mr. Conkright is presumed innocent until proven guilty in a court of law.
The Federal Bureau of Investigation conducted the investigation. Assistant U.S. Attorney Robert Boudreau is prosecuting the case.
Man Charged with Unlawful Possession of Identification DocumentsRead the Press Release
LEXINGTON, Ky. – Mikhy Farrera-Brochez, of Winchester, Kentucky, was charged via criminal complaint today with the unlawful transfer of stolen identification documents and possession with intent to distribute these documents in violation of federal law.
The criminal complaint alleges that Farrera-Borchez illegally possessed and intended to distribute data containing sensitive medical and other identifying information. While living in the Eastern District of Kentucky, Farrera-Brochez sent links to the data from his e-mail account to several news outlets. He also sent e-mails to several government officials in Singapore containing links to the data.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation, jointly announce this criminal complaint. The investigation preceding the complaint was conducted by the Federal Bureau of Investigation.
The Defendant’s next court appearance is currently scheduled for Wednesday, February 27, at 11:00am, in Lexington.
The charges and allegations contained in the complaint are merely accusations. The Defendant is presumed innocent until proven guilty beyond reasonable doubt in a court of law.
Madison Man Charged with Armed RobberyRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced today the unsealing of an indictment charging a Madison man with robbing a Madison business at gunpoint. Christian Killian, 33, was charged in an indictment returned yesterday by a grand jury sitting in Madison.
The indictment alleges that Killian robbed the Pizza Hut on South Park Street in Madison on January 29, 2019, and that he displayed a firearm to a Pizza Hut employee during the robbery. The indictment also charges Killian with possessing a firearm during this crime of violence.
Killian was arrested late yesterday afternoon in Madison by Madison Police and the Dane County Sheriff’s Office. He made an initial appearance in U.S. District Court in Madison today, and was detained in custody pending a detention hearing. The date for the detention hearing has not been set.
If convicted, Killian faces a maximum penalty of 20 years in federal prison on the robbery charge, and a mandatory minimum penalty of five years on the firearm charge. Federal law requires that a penalty imposed on the firearm charge be served consecutive to any penalty imposed on the robbery charge.
The charges against Killian are the result of an investigation by the Madison Police Department and Dane County Sheriff’s Office. The prosecution of this case is being handled by Assistant U.S. Attorney Rita M. Rumbelow.
You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Lewiston Woman Pleads Guilty to Theft of Government Funds from SNAP, MaineCare, and Social SecurityRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Sherry Awadjie, 45, of Lewiston, Maine, pleaded guilty yesterday in U.S. District Court to theft of funds from the Supplemental Nutrition Assistance Program (SNAP), MaineCare, and the Social Security Administration (SSA).
Court documents show that from November 2015 until May 2017, Awadjie received public assistance benefits from SNAP, MaineCare, and the SSA because she claimed to be disabled and not earning any income. In fact, from at least November 2015, Awadjie was gainfully employed and earning income, but failed to inform any of the benefit programs. On periodic reports that she was required to submit to receive the benefits, she failed to disclose her employment or income. She also concealed her employment by arranging with her employer to be paid “under the table” and later, under the name of another person. If she had disclosed her employment and income, she would not have been eligible for the benefits she received, including $3,492 in SNAP benefits, $1,654 in MaineCare benefits, and $15,072 in Social Security benefits.
Awadjie faces up to ten years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General; the Department of Homeland Security, U.S. Immigration and Customs Enforcement; the SSA, Office of the Inspector General, and the Maine Department of Health and Human Services, Fraud Investigation and Recovery Unit.
Lehigh Valley Technologies, Inc. to Pay $4 Million to Resolve False Claims Act Liability for Scheme to Avoid FDA New Drug Application FeeRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain announced today that Lehigh Valley Technologies, Inc. (“LVT”) agreed to a $4 million settlement of allegations under the False Claims Act that it designed a scheme to avoid paying fees associated with new drug applications to the United States Food and Drug Administration (“FDA”). LVT is a pharmaceutical company engaged in the development and commercialization of certain human drug products that is located in Allentown, Pennsylvania.
The FDA regulates the approval of new drugs. A company seeking such approval must submit and receive FDA approval of a new drug application (“NDA”) before the drug may be marketed or sold in the United States. The NDA application is the vehicle through which drug sponsors formally propose that the FDA approve a new drug for sale and marketing.
Congress created the Prescription Drug User Fee Act (“PDUFA”) in 1992 that authorizes and requires the FDA to collect a “prescription drug user fee” or “application fee” from companies that submit an NDA. PDUFA gives the FDA a revenue source to fund the new drug approval process.
Under 21 U.S.C. § 379h(d)(1)(C), the FDA will grant a waiver of the fee to a small business applicant submitting its first application. In making that determination, the FDA must consider “any affiliate of the applicant,” including large businesses or businesses that have already received the fee waiver. One significant purpose of the fee waiver is to incentivize and level the playing field for small businesses that submit an NDA. Limiting the waiver to first-time applicants allows a new, small business to enter the industry without the significant costs to entry that the NDA fee would otherwise impose.
Here, LVT had previously received a fee waiver in 2010 for its Oxycodone Hydrochloride NDA. Because it received that fee waiver, LVT was ineligible to receive another such fee waiver. LVT subsequently desired to submit two NDAs relating to potassium chloride for oral solution. Had LVT submitted the NDAs in its own name, the FDA would have required it to pay fees totaling over $2 million.
Knowing that it was ineligible, LVT allegedly developed a scheme with two companies to avoid the fees. Under the terms of the agreements, LVT paid the companies to submit NDAs for potassium chloride for oral solution in their own name. LVT’s payment to the companies was contingent upon the FDA granting waivers from the prescription drug user fee. LVT prepared and controlled all of the submissions that the companies made to the FDA relating to the NDA approval. Neither LVT nor the companies disclosed to the government the agreements despite the government’s request for such information. Not knowing of the agreements, the FDA granted fee waivers and approved both NDAs.
“As alleged, the sole purpose of the arrangement was for those companies to serve as a front and allow LVT to avoid the FDA fees that the FDA otherwise would have required it to pay,” said U.S. Attorney William M. McSwain. “The arrangement was illegal. Like we did today, we will hold companies accountable that scheme to avoid the fees that enable the FDA to carry out its vitally important drug approval process.”
“The FDA laws and accompanying regulations for funding drug approvals are designed, in part, to encourage companies, even small businesses, to create new drugs,” said Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations’ Metro Washington Field Office. “When companies attempt to game the system to avoid paying these critical fees, we will bring them to justice.”
This case was investigated by FDA’s Office of Criminal Investigations. For the U.S. Attorney’s Office, the investigation and settlement were handled by Civil Chief Gregory B. David, Auditor Denis Cooke, and former extern Bianca A. Valcarce.
Leader of Far Rockaway Drug Organization Sentenced to More Than 22 Years’ ImprisonmentRead the Press Release
Earlier today, Jose Rodriguez was sentenced by United States District Judge Eric N. Vitaliano to 272 months’ imprisonment for leading a Far Rockaway-based drug trafficking organization that distributed more than a kilogram of heroin, quantities of crack and powder cocaine and marijuana, and sold more than a dozen firearms, including two assault rifles. Rodriguez pleaded guilty on January 20, 2017 to conspiring to distribute narcotics and using and brandishing a firearm in furtherance of a narcotics distribution conspiracy.
Rodriguez is the fifth defendant to be sentenced in this case and a related case. In November 2017, Jose Perez was sentenced to 84 months’ imprisonment; in February 2018, Grace Jaen was sentenced to 33 months’ imprisonment; in December 2018, Jermaine Stephenson was sentenced to 72 months’ imprisonment; and in January 2019, Johnathan Johnson was sentenced to 87 months’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Division (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.
“Rodriguez’s drug organization endangered the residents of Far Rockaway, not only by distributing highly addictive drugs and guns throughout the community, but also using threats of gun violence to operate the drug business,” stated United States Attorney Donoghue. “This Office, along with our law enforcement partners, will continue to relentlessly investigate and prosecute to the fullest extent of the law those who threaten the safety of our communities.”
“The frustration and fear felt in communities plagued by drug dealers and criminal organizations protecting their turf must be exhausting for people just trying to live their lives,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI’s New York Metro Safe Streets Task Force, along with our law enforcement partners, understands one of the most powerful ways to address the problem is going after the leadership of these groups. We work day in and day out with the goal of making an impact in places where people may not feel much hope.”
“The Rodriguez organization was responsible for distributing significant amounts of illegal narcotics and guns within the community. Members of this organization utilized illegal guns to terrorize the community in order to maintain control over their lucrative drug turf,” stated ATF Special Agent-in-Charge Devito. “This case is yet another example of how the men and woman of ATF work in a collaborative manner with all of our law enforcement partners to disrupt and dismantle violent criminal organizations. I would like to thank the Unites States Attorney’s Office for their work in prosecuting this case.”
“This is another great example of how the NYPD, in close partnership with our law enforcement colleagues, precisely hones in on the worst criminals in New York City and sees their cases through to appropriate and meaningful prison sentences,” stated NYPD Commissioner O’Neill. “Anyone who illegally deals in narcotics or firearms can fully expect the nation’s best investigators to be relentless in our mission to make every neighborhood safer.”
Rodriguez’s drug organization bought distribution quantities of heroin, and packaged it in “sleeves,” each containing 100 individual bags of heroin, and in “bundles,” each containing 10 individual bags of heroin, for resale by mid-level drug dealers to users. In a recorded conversation, Rodriguez admitted earning $10,000 to $20,000 per week selling drugs.
Rodriguez and his co-conspirators sold and used firearms in furtherance of their drug trafficking activities. During the investigation, Rodriguez was intercepted ordering firearms from co-conspirator Jonathan Johnson, who acquired them in North Carolina and delivered them to Rodriguez in Far Rockaway. In another intercepted call, a drug customer complained to Rodriguez that co-conspirator Jose Perez threatened him with a gun. Rodriguez replied, “I know he pulled a gun. . . . He did that because you owed me money. That’s why I told him not to shoot you.”
This case was investigated as part of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of illegal drug and weapons trafficking organizations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ 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 government’s case is being prosecuted by Assistant United States Attorneys Kevin Trowel and Mathew S. Miller.
The Defendants:
Jose Rodriguez (also known as “Lazaro”)
Age: 51
Far Rockaway, New YorkJermaine Stephenson (also known as “Half”)
Age: 36
Far Rockaway, New YorkJose Perez
Age: 53
Far Rockaway, New YorkGrace Jaen
Age: 43
Far Rockaway, New YorkE.D.N.Y. Docket No. 15-576-ENV
JOHNATHAN JOHNSON (also known as “Black Keys”)
Age: 38
Rockingham, North CarolinaE.D.N.Y. Docket No. 17-185-ENV
Las Vegas Woman Sentenced and Ordered to Pay Nearly $14 Million in Restitution Related to Small Business Grant Schemes Targeting the Elderly and Committing Health Care FraudRead the Press Release
LAS VEGAS, Nev. – A Las Vegas woman was sentenced yesterday to 34 months in federal prison and ordered to pay more than $13.9 million in restitution to victims in connection with a series of grant fraud schemes, announced U.S. Attorney District Nicholas A. Trutanich for the District of Nevada. The woman’s fraud schemes targeted small business owners, many of them elderly, and a separate Medicare and insurance fraud scheme.
Lorraine Riddiough, aka Lorraine Ann Mader, 70, of Las Vegas, was also sentenced to five years of supervised release by U.S. District Judge Andrew P. Gordon. The sentencing combined four separate cases. Riddiough pleaded guilty last year to four counts of conspiracy to commit mail and wire fraud, two counts of wire fraud, and one count each of health care fraud and theft of government property.
From October 2009 to Spring 2013, Riddiough and others conspired to defraud small business owners by falsely telling the business owners that they qualified for grants, which Riddiough and others promised to secure for the business owners for a fee, usually between $2,500 and $7,000. Riddiough and the others did not provide the promised services or obtain grants for the small business owners. After scamming the initial $2,500 to $7,000 from the victim, Riddiough and the others often told the victims that grants had been approved, but that additional steps and fees were needed to access that grant. More than 25 victims suffered significant financial hardship as a result of the losses from the advance-fee telemarketing scheme. Riddiough herself directly obtained approximately $444,224 from the victims.
Riddiough admitted that after the telemarketing schemes were shut down by law enforcement intervention in 2014, she faked medical conditions, ailments, and injuries related to a minor, low-speed car accident to steal Medicaid benefits and funds from the Government Employees’ Insurance Company (GEICO). She filed a series of false claims related to the traffic accident and made a series of fake medical complaints including her inability to work and drive her car due to her injuries. She received treatment and medication for the non-existent injuries she falsely claimed.
The cases were investigated by the FBI. Assistant U.S. Attorney Dan Cowhig prosecuted the cases.
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Lafayette Man Sentenced to 78 Months in PrisonRead the Press Release
HAMMOND- Richard Seeger, Jr, 55 years old, of Lafayette, Indiana, was sentenced before District Court Senior Judge Joseph S. Van Bokkelen on his plea of guilty to receipt of child pornography, announced U.S. Attorney Kirsch.
Seeger received a sentence of 78 months in prison followed by 20 years of supervised release and ordered to pay $15,000 in restitution.
According to documents filed in this case, Seeger was on probation in Hendricks County, Indiana for holding a mirror under changing stalls at a public pool in order to watch small boys disrobe. He pleaded guilty in May 2016 and received a sentence of probation, which included as part of its terms that he not possess child pornography. In July 2017, law enforcement officials found Seeger in possession of child pornography in multiple formats: print magazines, videotapes, photographs, and digital downloaded images of minors engaged in sex acts. Seeger possessed over 1,000 images of such conduct.
This case was investigated by the FBI and was handled by Assistant United States Attorney Maria N. Lerner.
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Jury Returns Guilty Verdict in Bank Robbery TrialRead the Press Release
ALBANY – The first of two co-defendants charged in the armed robbery of an Albany bank was found guilty following a four day trial, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. A citizen jury found Kamilyah Whitlock, 25, of Albany guilty late Thursday afternoon on all charges, Bank Robbery and Brandishing a Firearm. The trial began Monday, February 18, 2019 and was presided by the Honorable Leslie Gardner, U.S. District Judge. A sentencing date has not been scheduled. The penalties for these crimes are a maximum 25 years in prison for Bank Robbery, and a maximum of life in prison for Brandishing a Firearm.
Ms. Whitlock was masked when she robbed The Renasant Bank at 721 N. Westover Blvd., Albany, GA on November 6, 2017 with more than a dozen customers and employees inside, 1:30 p.m. on a Monday. A co-defendant in this case, Shataz Hampton, 25, of Albany, is charged with one count of Bank Robbery and one count of Brandishing a Firearm. No date has been set for Mr. Hampton’s trial.
“This armed robbery struck fear in the hearts of the people of this community. I want to thank the FBI, Albany Police Department and other state and local law enforcement for their hard work investigating this matter” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “The people of Southwest Georgia want a safe place to raise their families. This conviction sends a message that law enforcement is committed to providing safe neighborhoods to all of our citizens.”
The case was investigated by the Albany Police Department and the FBI. Assistant U.S. Attorney Leah McEwen is prosecuting the case for the Government.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Jury Finds Stamford Man Guilty of Health Care Fraud ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian C. Turner, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that a federal jury in New Haven has found KWASI GYAMBIBI, 40, of Stamford, guilty of health care fraud offenses.
A trial before U.S. District Judge Jeffrey A. Meyer began on February 11 and the jury returned its verdict this afternoon.
According to court documents, statements made in court and the evidence presented during the trial, Kwasi Gyambibi worked at UConn-Stamford, and his wife, Kakra Gyambibi, was a physician who worked as a hospitalist at Stamford Hospital. Advantage Pharmacy was a compounding pharmacy located in Hattiesburg, Mississippi. As a compounding pharmacy, Advantage created compound prescription drugs specifically tailored for individual patients who had a medical need for a compound drug, by mixing together individual ingredients in the exact strength and dosage prescribed by the health care provider to meet the unique needs of a patient. One tube of a compound drug cream prepared and dispensed by Advantage Pharmacy typically cost health care benefit programs thousands of dollars, and some individual tubes of cream cost more than $11,000 for a one-month supply. Kwasi Gyambibi acted as, and eventually became, a sales representative for Advantage Pharmacy.
On January 9, 2019, a grand jury in New Haven returned a 19-count indictment alleging that, in 2014 and 2015, Kwasi and Kakra Gyambibi engaged in a scheme to defraud the State of Connecticut Pharmacy Benefit Plan, TRICARE and other health care programs by submitting prescriptions for compound pharmacy medications prepared and dispensed by Advantage Pharmacy. Although the prescriptions sent to Advantage Pharmacy contained Kakra Gyambibi’s signature, Kakra Gyambibi did not treat, examine, or even meet with the patients for whom the prescriptions were written. Based on these false and misleading claims, the victim health care programs paid Advantage Pharmacy for the compound prescription drugs. Advantage Pharmacy, in tum, paid commissions of between 15 percent to 35 percent to sales representatives, including Kwasi Gyambibi’s close cousin, whom Kwasi Gyambibi considered his brother.
It is alleged that Kwasi and Kakra Gyambibi also induced the victim health care programs to pay Advantage Pharmacy more than $292,000 for their own compound prescription drugs.
The investigation has revealed that this scheme resulted in more than $1.5 million in losses to the victim health care programs.
The jury found Kwasi Gyambibi guilty of two counts of health care fraud related to fraudulent prescriptions for compound drugs that were submitted to Advantage Pharmacy in March 2015, and found him not guilty of seven counts of health care fraud. The jury could not reach a verdict on the other 10 counts in the indictment.
Judge Meyer scheduled sentencing for May 28, 2019, at which time Kwasi Gyambibi faces a maximum term of imprisonment of 20 years.
On January 18, 2019, Kakra Gyambibi pleaded guilty to one count of conspiracy to commit healthcare fraud. She also awaits sentencing.
This investigation is being conducted by New Haven Division of the FBI. U.S. Attorney Durham thanked the Office of the Attorney General of the State of Connecticut, the U.S. Attorney’s Office for the Southern District of Mississippi, the U.S. Department of Justice’s Fraud Section, and the Jackson, Mississippi Division of the FBI for their assistance with the investigation.
This case is being prosecuted by Assistant U.S. Attorneys David J. Sheldon and Christopher W. Schmeisser.
Jury Finds Stamford Man Guilty of Federal Cocaine Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that on February 21, a federal jury in Bridgeport found NORMAN PETERS, also known as “Ski,” 38, of Stamford, guilty of cocaine distribution offenses. The trial before U.S. District Judge Victor A. Bolden began on February 19.
This matter stems from an investigation headed by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force, Stamford Police Department, Norwalk Police Department and Connecticut State Police.
According to court documents and statements made in court, between approximately September 2015 and May 2016, Bobby Gutierrez, also known as “B.O.,” and others, including his brother Wilfredo Gutierrez, conspired to distribute at least 10 kilograms of heroin in Fairfield County. Bobby Gutierrez and others also acquired kilogram quantities of cocaine from sources located in Florida and New York and sold the drug locally.
The evidence at trial demonstrated that, on April 1, 2016, Peters was intercepted over a court-authorized wiretap arranging to purchase 14 grams of cocaine from Gutierrez. Peters was then observed meeting with Gutierrez at B & B Deli in Bridgeport, which was owned by the Gutierrez family and served as a hub for drug dealing. Investigators stopped Peters after he drove from Bridgeport to Stamford. A search of his person revealed approximately 14 grams of cocaine.
The jury found Peters guilty of one count of possession with intent to distribute cocaine, an offense that carries a maximum term of imprisonment of 20 years, and one count of use of a telephone to facilitate a drug trafficking felony, an offense that carries a maximum term of imprisonment of four years. A sentencing date is not scheduled.
On November 21, 2016, Bobby Gutierrez pleaded guilty to one count of conspiracy to possess with intent to distribute 500 grams or more of cocaine and one count of conspiracy to possess with intent to distribute 100 grams or more of heroin. On April 24, 2017, he was sentenced to 160 months of imprisonment and was ordered to forfeit $171,462 in cash that was seized during the investigation.
On March 16. 2017, Wilfredo Gutierrez was sentenced to 180 months of imprisonment.
This case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Elena L. Coronado.
Judge Sentences Final Defendant in Air Force Base Fraud Case; Individuals, Businesses Ordered to Pay Back MillionsRead the Press Release
MACON— The defendant in the center of a scheme to award millions of dollars in military contracts in exchange for illegal kickbacks at Robins Air Force Base was sentenced in federal court Wednesday, announced Charles “Charlie” E. Peeler, U.S. Attorney for the Middle District of Georgia. The Honorable Marc Treadwell sentenced Mark Cundiff, 60, of Macon, to 36 months in prison followed by two years supervised release, and was ordered to pay restitution in the amounts of $110,050 to the Internal Revenue Service (IRS) and $270,000 to the U.S. Treasury. Two co-defendants and businesses previously entered guilty pleas and were sentenced in this case. Co-defendant Raymond F. Williams of Canton, OH, was sentenced in Albany federal court on January 8, 2019 by the Honorable Leslie Gardner to 60 months in prison, 3 years supervised release and restitution in the amount of $870,000 to the U.S. Department of Defense on the charge of Conspiracy to Bribe a Public Official. In addition, two businesses owned by Mr. Williams, US Technology Corporation (UST) and US Technology Aerospace Engineering Corporation (USTAE) were ordered by Judge Gardner to pay $1,500,000 in fines plus $870,000 in restitution apiece on Money Laundering Conspiracy charges. Co-defendant John Christopher Reynolds of Macon, was sentenced in August 2018 by Judge Treadwell to 12 months and a day for Aiding and Abetting the Giving of a Gratuity to a Public Official. There is no parole in the federal system.
Mr. Cundiff was a long-term Department of Defense employee at Robins Air Force Base (RAFB), working from 1982 until his retirement in January 2014. He was responsible for technical engineering support to military aircraft maintenance operations, and part of his official duties was to prepare a Performance Work Statement (PWS) when RAFB was soliciting bidders for new contracts. A PWS is a document that describes the requirements necessary for a bidding company to meet the needs of the US Air Force on a particular job, and is in place to ensure fairness in the federal bidding process, where contracts can be worth tens of millions of dollars. Sometime in 2004 or 2005, Mr. Williams requested that Mr. Cundiff provide inside help with winning contracts. In exchange for cash payments, Mr. Cundiff wrote each PWS so that the contract requirements could only be met by Mr. Williams. Starting in 2011, Mr. Reynolds funneled payments to Mr. Cundiff from Mr. Williams, by submitting fake invoices to Mr. Williams’ company, UST. Mr. Reynolds was hired by UST to provide engineering support for $40,000 a month, but no work was involved in this sub-contract beyond a few small items. At the time, Mr. Cundiff was living in a home owned by Mr. Reynolds. Mr. Reynolds would take the monthly invoice payment from UST, subtract the rental money he used to pay down the mortgage on the property he owned, and give the remaining balance to Mr. Cundiff. In all, Mr. Cundiff would receive amounts of between $2,000 and $8,000 dollars in kickbacks monthly from when the scheme began in 2004 or 2005 until November 2013. Mr. Cundiff retired from RAFB in January 2014. During the course of the conspiracy, Mr. Williams directed payments from UST in the amount of $870,000 to pay bribes to Mr. Cundiff and to reward Mr. Reynolds and others for serving as intermediaries in the payment of brides to Mr. Cundiff. Mr. Williams received benefits from Mr. Cundiff’s efforts amounting to at least $14,450,000.
“Millions of dollars in federal contracts was directed to one company in exchange for cash bribes—this is not the American way,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “It is a gross injustice for all hard-working, rule-abiding people when a few individuals cheat the system for their benefit. It isn’t fair, and government fraud won’t be tolerated by this Office, especially when it impacts our military.”
This case was investigated by the Federal Bureau of Investigation, Air Force Office of Special Investigations, and Department of Defense/Defense Criminal Investigative Service. Assistant United States Attorney Paul C. McCommon, III prosecuted the case for the United States.
Questions concerning this case can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Johnstown Man Pleads Guilty to Possessing and Distributing Crack CocaineRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa. pleaded guilty in federal court in Johnstown to charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Bobby Washington, Jr., 35, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on March 17, 2018, Washington distributed a quantity of cocaine base, and on April 24, 2018, he possessed with intent to distribute 28 grams or more of cocaine base, commonly known as "crack."
Judge Gibson scheduled sentencing for June 5, 2019, at 10 a.m. The law provides for a maximum sentence of 60 years in prison and a fine of $6,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Washington.
Johnstown Man Admits Possessing HeroinRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Shawn R. Kmecak, 37, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on March 15, 2018, Kmecak possessed with the intent to distribute a quantity of heroin.
Judge Gibson scheduled sentencing for June 13, 2019, at 2 p.m. The law provides for a maximum sentence of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Kmecak.
Italian National Extradited for Cocaine TraffickingRead the Press Release
BOSTON – An Italian national was extradited and made an initial appearance in federal court in Boston yesterday in connection with various drug charges related to trafficking cocaine on board maritime vessels.
Gabriele Biondo, a/k/a El Italiano, was arraigned on one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States, and one count of possession with intent to distribute and distribution of five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. Biondo is an Italian national who was extradited to the United States from Spain.
The conspiracy and distribution charges each provide for a sentence of no greater than life in prison, a life term of supervised release and a $10 million fine. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement. Valuable assistance was provided by the Colombian National Police, the Spanish Guardia Civil, and the Portuguese Air Force. Assistant U.S. Attorney Linda Ricci, Chief of Lelling’s Narcotics and Money Laundering Unit, is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on February 19 was:
DAVID LOPEZ, 41, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Lopez faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Lopez is detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, FBI, Eastern Montana High Intensity Drug Trafficking Area and Billings Police Department. Pacer case reference. 18-128.
Appearing on February 21 and pleading not guilty was:
GARY DUANE ERVIN, 50, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Ervin faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Ervin is detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-04.
CARLOS ALBERTO JAQUINET, 61, of Billings, on charges of false statement in application for passport. If convicted of the most serious crime, Jaquinet faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Jaquinet was released. The case was investigated by the U.S. Department of State, Diplomatic Security Service. Pacer case reference. 18-137.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on February 19 was:
JAMES DEBERRY, 24, on charges of failure to register as a sexual offender. If convicted of the most serious crime, Deberry faces a maximum 10 years in prison, a $250,000 fine and five years of supervised release. Deberry is detained. The case was investigated by the U.S. Marshals Service. Pacer case reference. 19-02.
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 Sentenced to 19 Years in Federal Prison on Cocaine and Firearm ChargesRead the Press Release
Spokane, Washington – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Marcos Ramirez-Mercado, 46, of Yakima, Washington, and Michoacán, Mexico, was sentenced today after having pleaded guilty on September 6, 2018, to a conspiracy to distribute five kilograms or more of cocaine and the possession of a firearm in furtherance of the conspiracy. Senior United States District Judge William Fremming Nielsen sentenced Ramirez-Mercado to a 19-year term of imprisonment, to be followed by a 10-year term of court supervision following his release from prison. Upon his release from prison Ramirez-Mercado will likely be removed from the United States to his native Mexico and not be permitted to return.
According to information disclosed during the court proceedings, Ramirez-Mercado was the leader and organizer of a years-long, wide-ranging drug conspiracy in which whole kilograms of powder cocaine were secreted in boxes of drywall compound and trafficked from Yakima into Spokane. When law enforcement officers arrested Ramirez-Mercado in his car in June 2017, they found three drywall boxes, each of which contained a kilogram of cocaine, four boxes of .223 ammunition, and almost $2,000 in cash. In a secret room in the basement of his house in Yakima, officers recovered almost $550,000 in cash, eight firearms and ammunition, a kilogram of cocaine, and digital scales.
Prior to Ramirez-Mercado’s arrest, the Federal Bureau of Investigation obtained a number of lawful wiretaps during the course of the investigation, which began in 2014, and resulted in indictments being brought against Ramirez-Mercado and 21 other defendants. The wiretaps revealed that Ramirez-Mercado’s organization was trafficking huge amounts of cocaine into and across Eastern Washington, in quantities as high as a kilogram every few weeks, for years. Senior Judge Nielsen noted that the amount of cocaine for which Ramirez-Mercado was actually responsible will never truly be known, but it was certainly far much more than the three kilograms recovered from his car.
At Ramirez-Mercado’s sentencing hearing, several of his family members addressed the Court, describing him as a good man who made a mistake. Judge Nielsen, however, concluded that his years of trafficking large quantities of narcotics were much more than a mistake, and that his conduct was consistent with the lifestyle of a drug dealer. As Judge Nielsen noted, Ramirez-Mercado caused his customers to become addicted to cocaine and then held them captive to their addiction so he could continue to make a profit.
Joseph H. Harrington said, “The sentence imposed today reflects the seriousness of Ramirez-Mercado’s grave criminal conduct. I commend the FBI, the Spokane Sheriff’s Department, Spokane Police Department, and Washington Department of Corrections, along with the United States Customs and Border Protection and the Yakima Police Department Safe Streets Task Force. The cooperation among federal, state, and local law enforcement officers was remarkable. I salute their diligence and tenacity in pursuing the investigation wherever it led.”
Special Agent in Charge Raymond P. Duda of the FBI’s Seattle Field Office, agreed: “The lengthy sentence for Ramirez-Mercado, the leader of this drug trafficking conspiracy, demonstrates the serious consequences for individuals who compromise the safety and wellbeing of communities in Eastern Washington by engaging in illegal drug activity. Those who seek to enrich themselves at the expense of our communities should expect similar consequences. The FBI is particularly thankful for our local, state, and federal law enforcement partners, who were integral in this investigation.”
This case was part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. This OCDETF investigation was conducted by the FBI Safe Streets Task Force, which includes law enforcement officers with the Spokane Sheriff’s Department, Spokane Police Department, and Washington Department of Corrections. United States Customs and Border Protection and the Yakima Police Department also provided invaluable assistance throughout the investigation. The case was prosecuted by David Herzog, an Assistant United States Attorneys for the Eastern District of Washington.
Husband and Wife Plead Guilty to Bank Robberies in Northern IllinoisRead the Press Release
ROCKFORD — A husband and wife from Crystal Lake have pleaded guilty in federal court to multiple bank robberies in Northern Illinois.
DANIEL R. PLUSHKIS, 27, pleaded guilty today to three counts of bank robbery, and he admitted as part of a plea agreement that he committed two other bank robberies. His wife, JESSICA E. PLUSHKIS, 29, pleaded guilty on Feb. 11, 2019, to two counts of aiding and abetting a bank robbery.
The guilty pleas were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The Cary, Huntley, Arlington Heights, Streamwood, Algonquin, and Crystal Lake Police Departments assisted in the investigation. The government is represented by Assistant U.S. Attorney Talia Bucci.
As stated in Daniel Plushkis’s written plea agreement, on Dec. 1, 2017, Daniel Plushkis robbed the Chase Bank, 300 Northwest Hwy. in Cary. Daniel Plushkis entered the bank wearing a long fake beard, a hooded black jacket, a camouflage hat, and sunglasses. He handed a teller an envelope with a note on it stating that he had a gun, and he began counting down from 30. The teller put $5,870 from the bank’s cash drawer into the envelope, and Daniel Plushkis fled from the bank with the cash.
Daniel also admitted that he robbed the TCF Bank, 13200 Village Green Dr. in Huntley, on Dec. 10, 2017, and the TCF Bank, 1860 S. Arlington Heights Rd., in Arlington Heights, on Dec. 13, 2017. In those robberies, Daniel Plushkis wore a disguise including a long fake beard and sunglasses, handed the teller an envelope with a note taped to it, and began a countdown. Daniel Plushkis stole $237 during the Dec. 10, 2017, robbery in Huntley, and $2,676 during the Dec. 13, 2017, robbery in Arlington Heights. As part of Daniel Plushkis’s written plea agreement, he also admitted that he robbed the TCF Bank, 217 E. Irving Park Rd. in Streamwood, on Dec. 20, 2017. Daniel Plushkis wore a disguise including a long fake beard, sunglasses, and a hooded black jacket. He handed the teller an envelope with a note taped to it and verbally demanded that the teller give him the money that the teller was in the process of counting. The teller handed over $500, and Daniel Plushkis fled from the bank with the cash.
As part of Jessica Plushkis’s written plea agreement, she admitted that she aided and abetted her husband in committing the Dec. 13, 2017, bank robbery in Arlington Heights. Jessica Plushkis admitted that she purchased a fake beard, black-colored hair spray, and black face paint for Daniel Plushkis a few hours before the Dec. 13, 2017, robbery, knowing that Daniel Plushkis intended to use those items as part of his disguise for the robbery.
As part of both plea agreements, the couple also admitted that Daniel Plushkis robbed the TCF Bank, 103 S. Randall Rd. in Algonquin, on Dec. 23, 2017, and that Jessica aided and abetted him in committing that robbery. After Daniel Plushkis handed the teller a note stating that he had a gun, the teller put $4,350 from the bank drawer into an envelope. Daniel Plushkis fled the premises with the envelope and cash. Daniel Plushkis headed toward the vehicle where his wife was waiting for him, but he was apprehended by a private citizen in the parking lot before making it back to the vehicle. Jessica Plushkis admitted that, after her husband was apprehended, she quickly drove out of the parking lot to avoid being apprehended by law enforcement, but was quickly pulled over by a law enforcement officer as she exited the parking lot. Law enforcement officers at the scene recovered the money Daniel Plushkis stole from the bank.
Each of the counts to which Daniel Plushkis and Jessica Plushkis pleaded guilty carries a maximum sentence of 20 years’ imprisonment, a term of supervised release of up to three years following imprisonment, and a fine of up to $250,000. Each defendant’s sentence will be determined by the United States District Court, guided by the Sentencing Guidelines. U.S. District Judge Frederick J. Kapala set sentencing for Jessica Plushkis on May 28, 2019, at 2:30 p.m., and for Daniel Plushkis on June 25, 2019, at 2:00 p.m.
Guatemalan National Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national pleaded guilty yesterday in federal court in Boston to illegally reentering the United States after deportation.
Octaviano Boche, 36, pleaded guilty to one count of illegal reentry of a previously deported alien. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for May 15, 2019. Boche is currently being detained in state custody on an unrelated matter.
In September 2018, a warrant was issued by the Framingham District Court charging Boche with rape of a child. On Sept. 7, 2018, U.S. Customs and Border Protection located and arrested Boche at the Fort Worth Airport in Texas as he attempted to board a flight to Guatemala. Boche was transported to Massachusetts where he is currently awaiting trial. Between 2004 and 2016, Boche was deported seven times.
The charge of illegal reentry carries a sentence of no greater than two years in prison, one year of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; Judson W. Murdoch II, Director of Field Office Operations, Customs and Border Protection, Houston; and Middlesex County District Attorney Marian T. Ryan made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case
Great Falls woman who distributed meth throughout central Montana sentenced to prisonRead the Press Release
GREAT FALLS—A federal judge on Thursday sentenced Donny Lynn Ferguson, of Great Falls, to 10 years and eight months in prison and five years of supervised release for conviction on distributing large quantities of meth in central Montana and on two Indian reservations, U.S. Attorney Kurt Alme said.
Ferguson, 39, pleaded guilty in September to possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Brian Morris presided.
Prosecutors said evidence would show that since at least November 2016, law enforcement received information that Ferguson was dealing multi-pound quantities of meth throughout the state but that her primary area was Great Falls, Lewistown, Havre and the Rocky Boy’s and Fort Belknap Indian Reservations. Sources also confirmed that Ferguson typically carried firearms for her protection in her drug trade.
In April 2018, law enforcement seized more than 2.8 pounds of meth from a Lewistown home and learned that Ferguson had previously supplied meth to the occupants.
Two months later, agents stopped Ferguson outside of Polson and found her in possession of about two pounds of meth, small amounts of heroin and cocaine, a firearm and ammunition, drug paraphernalia and more than $6,000 cash. Two pounds of meth is the equivalent of about 7,248 doses.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI.
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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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments this week. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Three Charged with Robbing Dane County Businesses
In three separate indictments, three individuals are charged with robbing various Dane County businesses in December 2018 and January 2019. The indictments allege that some of the robberies were armed robberies.
Marjory Dingwall, 39, Madison, Wisconsin, is charged with robbing the Stop N’ Go gas station on Monona Drive in Madison on January 6, 2019; with robbing Orange Tree Imports on Monroe Street in Madison on January 7, 2019; and with robbing the Mobil gas station on Lake Road in Windsor, Wisconsin on January 8, 2019. The indictment also charges her with brandishing a firearm during each robbery.
Aaron Stanley, 34, Madison, is charged with robbing the Speedway gas station on Monona Drive in Monona, Wisconsin on December 24, 2018; with robbing the Mobil gas station on Cottage Grove Road in Madison on December 30, 2018; with robbing the Speedway gas station on Lake Road in Windsor on January 6, 2019; and with robbing Papa Murphy’s Pizza on East Broadway in Monona on January 15, 2019. The indictment also charges him with brandishing a firearm during the December 24, 2018 robbery of the Speedway gas station.
Eric Clay, 28, Madison, is charged with robbing a Union Cab in Madison on December 14, 2018; with robbing the BP Stop-N-Go on Tower Drive in Sun Prairie, Wisconsin on December 14, 2018; and with robbing a Green Cab in Madison on December 15, 2018. The indictment also charges him with brandishing a firearm during the December 15 robbery of a Green Cab.
If convicted, the defendants face a maximum penalty of 20 years in federal prison on each robbery count. The charge of brandishing a firearm during a crime of violence carries a mandatory minimum penalty of seven years in federal prison. Federal law requires that any penalty imposed for the charge of brandishing a firearm be served consecutive to any sentence imposed on the robbery charges.
The charges against Dingwall and Stanley are the result of investigations by the Madison Police Department, Monona Police Department, and Dane County Sheriff’s Office. The charges against Clay are the result of an investigation by the Madison and Sun Prairie Police Departments. The prosecutions of Dingwall and Stanley are being handled by Assistant U.S. Attorney Rita M. Rumbelow. The prosecution of Clay is being handled by Special Assistant U.S. Attorney Chadwick Elgersma and Assistant U.S. Attorney Rumbelow.
McFarland Man Charged with Bank Robberies
Jason J. Yapp, 47, McFarland, Wisconsin, is charged with one count of bank robbery and one count of attempted bank robbery. The indictment alleges that he robbed the Associated Bank on West Broadway in Madison on September 17, 2018, and attempted to rob the Associated Bank on Cottage Grove Road in Madison on September 21, 2018.
If convicted, Yapp face 20 years in federal prison on each charge. The charges against him are the result of investigations by the Madison Police Department and Federal Bureau of Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Corey Stephan.
The indictments against Dingwall, Stanley, Clay, and Yapp have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address violent crime.
Madison Man Charged with Production of Child Pornography and Lying to Federal Agent
Bryan Rogers, 31, Madison, Wisconsin, is charged with persuading a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. The indictment alleges that Rogers did so between December 24, 2018 and January 13, 2019, and that the visual depiction was transported in interstate commerce from Tennessee to Wisconsin. Rogers is also charged with lying to an FBI agent during an interview.
Rogers was previously charged with the production of child pornography offense in a complaint filed in U.S. District Court for the Western District of Wisconsin on February 4, 2019. Federal law requires that felony offenses be charged by an indictment returned by a grand jury within 30 days of the date a criminal complaint is filed.
If convicted, Rogers faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison on the child pornography charge, and five years in prison on the charge of lying to investigators. The charges against him are the result of an investigation by the Wisconsin Department of Justice Division of Criminal Investigation, Federal Bureau of Investigation, Madison Police Department, Dane County Sheriff’s Office, and Monroe County (Tennessee) Sheriff’s Office. The prosecution of this case is being handled by Assistant U.S. Attorney Julie Pfluger.
Minnesota Man Charged with Drug Crime
Pheng Yang, 29, St. Paul, Minnesota, is charged with possessing 500 grams or more of methamphetamine with intent to distribute. The indictment alleges that he possessed the methamphetamine on February 4, 2019.
If convicted, Yang faces a mandatory minimum penalty of 10 years and a maximum of life in federal prison. The charge against him is the result of an investigation by the Drug Enforcement Administration in Wisconsin and Minnesota, the West Central Drug Task Force, Eau Claire Sheriff’s Office, Eau Claire Police Department, Buffalo County Sheriff’s Office, and Wisconsin Department of Justice Division of Criminal Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Meredith Duchemin.
McFarland Woman Charged with Attempting to Possess Fentanyl
Elizabeth Cirves, 55, McFarland, Wisconsin is charged with two counts of attempting to possess fentanyl with intent to distribute. The indictment alleges that she attempted to possess fentanyl on January 10 and 14, 2019.
If convicted, Cirves faces a maximum penalty of 20 years in federal prison on each count. The charges against her are the result of an investigation by the U.S. Postal Inspection Service. The prosecution of this case is being handled by Assistant U.S. Attorney Aaron Wegner.
Wausau Woman Charged with Making False Statements
Marjean Seehafer, 43, Wausau, Wisconsin is charged with two counts of making false statements for use in determining rights to payment under the Social Security Act. The indictment alleges that on November 20, 2017 and July 27, 2018, she falsely stated that she had not worked for private businesses in 2016 or 2017 while she was receiving Social Security disability benefits.
If convicted, Seehafer faces a maximum penalty of five years in federal prison on each count. The charges against her are the result of an investigation by the Social Security Administration, Office of Inspector General. The prosecution of this case is being handled by Assistant U.S. Attorney Robert Anderson.
Gates Man Pleads Guilty to Child Pornography ChargeRead 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 Sean Blackwell, 34, of Gates, NY, pleaded guilty to possession of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Blackwell was discovered actively trading child pornography from an apartment in Gates during an operation conducted by the FBI. Special Agents executed a search warrant at a residence that the defendant occupied during the period in question and seized digital items belonging to Blackwell. A forensic examination determined that the items contained multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors.
Sentencing is scheduled for May 22, 2019, before Judge Wolford.
The plea is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent in Charge Gary Loeffert.
Four Additional People Charged in Conspiracy to Distribute over Five Kilograms of CocaineRead the Press Release
NEWARK, N.J. – Four additional people have been charged for their respective roles in a conspiracy to distribute more than five kilograms of cocaine, U.S. Attorney Craig Carpenito announced today.
Victoria Irizarry, 30, of Fort Lee, New Jersey; Marisol Vargas, 34, of Rowland Heights, California; Daniel Estrella, 28, of Lyndhurst, New Jersey; and Cohen Easton, 46, a/k/a “Power,” of Paterson, New Jersey, are charged by complaint with one count of conspiracy to possess with intent to distribute approximately five kilograms or more of suspected cocaine.
Vargas and Irizarry appeared this afternoon before U.S. Magistrate Judge Steven C. Mannion in Newark federal court and were released on bail. Easton appeared Feb. 21, 2019, before Judge Mannion and was detained. Estrella remains at large. Previously, Derik Sanchez, 32, of Fort Lee, New Jersey, and James Ferrer, 34, of Belleville, New Jersey were charged in related federal conspiracy complaints.
According to documents filed in this case and statements made in court:
In September and October 2018, Vargas, who allegedly maintained a narcotics stash house in California, brokered the shipment of boxes of cocaine to Sanchez, Irizarry, and others in New Jersey using the U.S. Postal Service. The cocaine, which was intercepted by law enforcement, was to be sold in New Jersey and New York by Sanchez and other members of the conspiracy, including Ferrer, Easton, and Estrella.
Each defendant faces a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine.
U.S. Attorney Craig Carpenito credited special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, New Jersey Division, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Ari Fontecchio of the Economic Crimes Unit and Senior Trial Counsel Jamie Hoxie of the OCDETF/Narcotics Unit in Newark.
Fortine woman sentenced to prison for embezzling from Eureka community programsRead the Press Release
MISSOULA—Fortine resident Roseann Robyn Kipp, who admitted stealing from two Eureka community programs, was sentenced today to eight months in prison, three years of supervised release and ordered to pay $48,431 restitution, U.S. Attorney Kurt Alme said.
Kipp, 40, pleaded guilty in November to wire fraud.
U.S. District Judge Donald W. Molloy presided.
Prosecutors said evidence showed that for about two years, Kipp embezzled funds from the Eureka Rural Development Partners (ERDP), which promoted and assisted businesses, and from the Area Chamber of Commerce, which put on an annual event called the “Rendezvous.” Kipp was an administrative assistant who provided bookkeeping services for ERDP. She also was the treasurer for the Chamber of Commerce and collected funds in a PayPal account for the Rendezvous.
Kipp was fired on Nov. 25, 2015 after she admitted to embezzling funds from the ERDP MasterCard account. The amount stolen was about $45,909. Kipp also stole about $2,501 from the Chamber’s PayPal account for the Rendezvous.
In a January 2018 interview with law enforcement, Kipp admitted to embezzling from ERDP.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.
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Former Turtle Creek Man Sentenced to Nearly 4 Years in Prison for Possessing Two Firearms while on Parole for Homicide as part of Project Safe NeighborhoodsRead the Press Release
PITTSBURGH, Pa – A former resident of Turtle Creek, PA has been sentenced in federal court to three years and 10 months in prison, to be followed by three years of supervised release, on his convictions on a federal firearms charge, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on Hashim Rashad, age 28. Rashad was detained after his initial appearance and will remain detained as he begins to serve his sentence. Rashad was on state parole for manslaughter when he committed the offense he was sentenced for today.
Accordingly to information presented to the court, on October 18, 2017, City of Pittsburgh Police executed a search warrant at a home on Larimer Avenue in Turtle Creek, PA while Hashim Rashad was detained in the house. Police recovered an EZ9 9mm handgun with an obliterated serial number from the couch of the location. Police then recovered a Bryco Arms Jennings J-22, 22LR handgun, inside a purse in the living room of the house. The Bryco Arms Jennings 22 handgun was previously reported stolen. Prior, to possessing these firearms, Rashad was previously convicted of voluntary manslaughter, a crime punishable by more than one year in jail.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Agency and the Pittsburgh Bureau of Police – Narcotics and Vice Unit conducted the investigation leading to the sentence in this case.
Former Postal Employee Pleads Guilty to Stealing MailRead the Press Release
Jackson, Miss. – Latoya Rosell, 34, of Flora, pled guilty Wednesday before U.S. District Judge Carlton W. Reeves to embezzling mail matter during the course of her employment with the U.S. Postal Service, announced U.S. Attorney Mike Hurst and Special Agent in Charge Chris Cave with the U.S. Postal Service Office of Inspector General, Southern Area Field Office.
Rosell was employed as a Rural Carrier Associate at the Ridgeland Post Office in Ridgeland, Mississippi. On August 15, 2018, agents were notified that expected mail matter was not being delivered along Rosell’s route. A subsequent operation run by investigators utilized monitored test pieces to confirm that Rosell was embezzling mail containing gift cards and U.S. currency. When confronted, Rosell admitted she had been embezzling the mail and immediately resigned her position. Agents recovered some but not all of the property embezzled by Rosell.
Rosell will be sentenced by Judge Reeves on May 22, 2019 at 9:30 a.m. She faces a maximum penalty of 5 years in prison and a $250,000 fine.
This case was investigated by agents from the U.S. Postal Service Office of Inspector General. It is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Former Chief Operating Officer of Montgomery County Department of Economic Development Sentenced to Four Years in Federal Prison for Embezzling over $6.7 Million in County FundsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Byung Il Bang, a/k/a Peter Bang, age 59, of Germantown, Maryland, today to four years in prison, followed by three years of supervised release for federal wire fraud and tax charges, in connection with a scheme in which he embezzled over $6.7 million from the Montgomery County government and failed to report the money as income on his tax returns. Judge Xinis continued the sentencing hearing concerning restitution and forfeiture until Friday, March 1, 2019, at which time the judgment will be finalized.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Montgomery County State’s Attorney John McCarthy.
“Mr. Bang lied to his colleagues, government officials and the IRS over an extended period of time. The $6.7 million that he embezzled deprived Montgomery County taxpayers of funds that could have been used for schools, libraries, and other expenditures, and harmed the County’s reputation,” said U.S. Attorney Robert K. Hur. “Corrupt public employees undermine everyone’s faith in government.”
“Through strong Federal and County cooperation and investigation we were able to bring Mr. Bang to justice. It is important that people who betray the public trust be held accountable. Today’s sentence is the next step in our effort to close this chapter of greed and corruption in the career and life of Byung Il “Peter” Bang,” said State’s Attorney John McCarthy.
According to his plea agreement and other court documents, from 2010 through July 2016, Bang was the Chief Operating Officer (COO) of the Department of Economic Development for Montgomery County, Maryland (MC-DED). In 2016, the MC-DED was privatized and Bang’s position was moved to the Montgomery County Department of Finance, where he was employed until May 2017.
The MC-DED established business incubator and/or innovation centers throughout the County. As COO, Bang oversaw budgets for these incubators and was authorized to request disbursement of County funds to the incubators to further the program. Bang’s position also enabled him to authorize and direct the disbursement of money from County partners, including the Maryland Economic Development Corporation (MEDCO), and the Maryland Conference & Visitors Bureau, without any significant oversight or approval.
In 2010, Montgomery County and the Chungcheongbuk-Do province of South Korea entered into an agreement to develop an incubator fund. On July 20, 2010, Bang caused a company called Chungbuk Incubator Fund LLC to be incorporated in the State of Maryland and opened four bank accounts in the name of the company, listing his home address as the address of the LLC.
Bang admitted that between 2010 and 2016, he fraudulently authorized the disbursement of $6,705,669.37 from the Montgomery County government to the bank accounts of the fraudulent entities that Bang created and controlled. Bang admitted that most of the funds were used to fuel his gambling addiction.
Bang did not report the money he embezzled as income on his individual tax returns. His failure to report those funds as income resulted in $2,335,913 in taxes owed to the IRS.
Bang also lied on his County financial disclosure statements for the years 2012 through 2016, by failing to disclose his interest in the Chungbuk entities, including: property holdings; relationship with an income source; and the type and amount of income received.
Bang previously plead guilty to the following charges in the Circuit Court for Montgomery County: theft scheme over $100,000; and misconduct in office. His sentencing on those charges is scheduled for March 7, 2019. Judge Xinis ordered that Bang’s federal sentence will be served concurrent to whatever sentence is imposed on his state charges.
United States Attorney Robert K. Hur commended the IRS-CI and the Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Thomas M. Sullivan and Erin B. Pulice who are prosecuting the case.
Five Men Indicted for Timber Theft Conspiracy on Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on February 20, 2018, a federal grand jury returned a one-count indictment against five people who allegedly conspired to cut and remove timber from tribal forestlands on the Menominee Indian Reservation in order to sell them to saw mills outside the reservation without consent from the tribe. The indictment named:
Name
Age
Residence
Melvin T. Caldwell,Jr.
43
Neopit
Arthur P. “Herman” Fish
49
Keshena
Chauncey J. Webster, Jr
49
Neopit
Derrin B. Webster
30
Neopit
Dugan R. Webster
41
Shawano
Caldwell, Fish, Chauncey Webster, and Derrin Webster are enrolled members of the Menominee Indian Tribe of Wisconsin. Dugan Webster is an enrolled member of the Oneida Nation of Wisconsin.
The indictment charges the defendants with Conspiracy in violation of 18 U.S.C. § 371. If convicted, the defendants each face up to 5 years in prison, up to a $250,000 fine, and up to 3 years on supervised release. The charge also carries a $100 special assessment.
According to the indictment, the defendants logged timber from designated areas on the Menominee Indian Reservation. On at least 100 occasions, the defendants and others cut down extra trees beyond those they were authorized to log. Fish then allegedly transported the extra timber to sawmills outside the boundaries of the reservation. Dugan and Derrin Webster allegedly received payments from the mills for the timber, which the defendants divided amongst themselves. The sawmills paid Dugan and Derrin Webster approximately $400,000 between January 2012 and September 2018 for the timber the defendants and others removed from the reservation without permission.
The case was investigated by the Menominee Tribal Police Department, Menominee Conservation Department, United States Forest Service, and Federal Bureau of Investigation. The case will be prosecuted by Assistant United States Attorney Andrew J. Maier.
An indictment is only a charge and not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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First of Four IDOC Correctional Officers Sentenced to 37 Months for Crime Stemming from FBI StingRead the Press Release
BOISE - Yesterday, former IDOC correctional officer Robert Wallin, 36, was sentenced to 37 months in prison, U.S. Attorney Bart M. Davis announced. U.S. District Judge B. Lynn Winmill also ordered Wallin to serve three years’ supervised release after he is released from prison.
The case stemmed from a sting operation initiated by the FBI at IDOC’s request to weed out corruption among IDOC correctional officers. The FBI was able to locate corrupt prison guards by using undercover agents who invited the guards to commit crimes outside of IDOC’s facilities. The defendants believed that the undercover agents they were assisting were large‑scale drug traffickers. The guards provided security and completed other tasks for the undercover agents during staged deliveries of drug loads and drug money. No drugs were in the sole possession of the defendants, and no drugs or other contraband were brought into any IDOC facility as part of these operations.
Wallin pleaded guilty to conspiracy to aid and abet drug trafficking. According to court records, Wallin joined co-defendant Timothy Landon, 36, in assisting the drug trafficking organization. This included participating in operations in which large quantities of drugs and cash were delivered to the purported drug trafficking organization.
Co‑defendants and former IDOC correctional officers Richard McCollough, 37, Erik Thompson, 38, and Landon also pleaded guilty to related crimes and are awaiting sentencing.
McCollough will be sentenced on February 25, 2019, Landon will be sentenced on February 26, 2019, and Thompson will be sentenced on April 7, 2019. Judge Winmill is the sentencing judge for all defendants.
In addition to the FBI, the Boise Police Department, the Meridian Police Department, IDOC’s Special Investigations Unit, and the Ada County Prosecutor’s Office participated in the investigation.
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Fifteen Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging BARTOLO ALVAREZ-CRUZ, age 32, of Mexico, JORGE ALBERTO MALDONADO-BROON, age 35, of Mexico, ANTONIO CANDELA-SANTOS, age 42, of Mexico, ACELINO CORONA-ARAUJO, age 45, of Mexico, MARIO EXEQUIAS GARAY, age 44, of El Salvador, IVAN GONZALEZ-COLON, age 28, of Mexico, DENIS JOEL GUTIERREZ-RIVAS, age 34, of Honduras, RUBEN GUZMAN-VALERIO, age 34, of Mexico, RAMON HERNANDEZ-LOPEZ, age 44, of Mexico, DLADIMIR AQUILINO MORALES-DIAZ, age 22, of Guatemala, ELDER TOMAS MORALES-DIAZ, age 35, of Guatemala, ALEJANDRO OLIVA-HERNANDEZ, age 23, of Mexico, JESUS ORTIZ-JIMENEZ, age 28, of Mexico, ALEJANDRO PIZANA-MORONES, age 24, of Mexico, RAMON CRUZ-CRISANTO, age 34, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, ALVAREZ-CRUZ, found in Wake County, MALDONADO-BROON, previously deported twice and found in Wake County, CANDELA-SANTOS, previously deported seven times and found in Wake County, CORONA-ARAUJO, found in Wake County, GARAY, found in Wake County, GONZALEZ-COLON, found in Wake County, GUTIERREZ-RIVAS, previously deported three times and found in New Hanover County, GUZMAN-VALERIO, previously deported three times and found in Wake County, D. A. MORALES-DIAZ, found in Wake County, E.T. MORALES-DIAZ, found in Wake County, OLIVA-HERNANDEZ, found in Wake County, ORTIZ-JIMENEZ, previously deported twice and found in Johnston County, and PIZANA-MORONES, previously deported three times and found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
HERNANDEZ-LOPEZ, previously deported twice and found in Johnston County, is alleged to have been previously deported subsequent to a felony conviction (possession of cocaine). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to an aggravated felony (possession with intent to distribute and distribution of methamphetamine), CRUZ-CRISANTO, previously deported twice and found in Wake County, would face maximum penalties of 20 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations.
Federal Jury Convicts Boise Man Involved in Large Drug Trafficking OrganizationRead the Press Release
BOISE – U.S. Attorney Bart M. Davis announced today that a federal jury convicted Andrew Munoz, 34, of Boise, of conspiracy to distribute methamphetamine and heroin, distribution of heroin, and distribution of methamphetamine. The jury acquitted Munoz of a separate count of possession with intent to distribute methamphetamine. Munoz was indicted by a federal grand jury on March 20, 2018. The trial began on Tuesday, February 19, 2019, and concluded on Thursday evening when the jury returned their verdicts. The case was tried before Senior U.S. District Judge Edward J. Lodge.
Munoz’s case stemmed from an investigation into a large drug trafficking organization that was moving methamphetamine and heroin from Mexico, through California and Nevada, up to the Boise area. Law enforcement discovered the conspiracy and began investigating. Munoz was a distributor for the organization, here in the Treasure Valley, and ultimately delivered methamphetamine and heroin on two occasions to an undercover officer.
Sentencing is scheduled for May 9, 2019, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. The crime of conspiracy to distribute methamphetamine and heroin and distribution of methamphetamine and heroin is punishable by at least ten years, up to life, in prison and five years of supervised release. The crime of distribution of heroin is punishable by up to twenty years of prison and at least three years of supervised release.
The case was investigated by the Drug Enforcement Administration, the Ada County Sheriff’s Office, the Boise Police Department, and the Meridian Police Department.
This indictment was the result of a joint investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF), which includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigation; and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada and Canyon County.
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Federal Court Bars Florida Tax Return Preparer and Business from Preparing Tax ReturnsRead the Press Release
A federal court in Orlando, Florida, entered a permanent injunction against Ndaiziwei Kaya Chipungu and Society Financial Solutions LLC, barring them from preparing federal tax returns for others and owning or operating a tax preparation business, the Justice Department today announced. The order was signed by Judge G. Kendall Sharp of the U.S. District Court for the Middle District of Florida.
The court also ordered that Chipungu and Society Financial Solutions LLC disgorge $487,879.24, representing the ill-gotten gains that they received for the preparation of tax returns.
The government alleged that the defendants prepared tax returns making false or fraudulent claims for the Earned Income Tax Credit. The government further alleged that the defendants prepared tax returns that falsely claimed the customers had non-existent businesses. Defendants also allegedly prepared returns with fabricated unreimbursed employee business expenses to falsely lower customers’ reported taxable income.
The court concluded that the government’s allegations established that the “Defendants engaged in business practices that violate the Internal Revenue Code, that the Government is entitled to a permanent injunction, and that Defendants unjustly enriched themselves through their wrongful conduct.”
The IRS has information on its website about selecting a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Federal Complaint Filed Against San Diego Man for Temple Bank RobberyRead the Press Release
In Waco, 49–year-old Ronnie Lee Tanner, Jr., of San Diego, CA, remains in federal custody charged with robbing a Wells Fargo Bank branch located in Temple, TX, on Wednesday, announced United States Attorney John F. Bash, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Temple Police Chief Floyd O. Mitchell.
A federal criminal complaint unsealed today alleges that on the afternoon of February 20, 2019, Tanner entered the bank located on South 31st Street, handed a robbery note to a teller, then exited the bank with approximately $4,000.
Acting on information supplied by the public, Temple Police officers were able to locate Tanner and arrest him without incident yesterday.
Tanner faces up to 20 years in federal prison upon conviction. He remains in federal custody pending a detention hearing scheduled for 1:30pm on March 4, 2019, in federal court in Waco.
The FBI, together with the Temple Police Department, is investigating this case. Assistant U.S. Attorney Greg Gloff is prosecuting the case on behalf of the Government.
It is important to note that a complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
February Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 29 indictments charging 36 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Andres Barrera-Solis, age 46, is charged with illegal reentry after deportation from on or about January 15, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Thonny Escobar Castaneda, age 34, is charged with illegal reentry after deportation from on or about January 18, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Anahi Chan-Cruz, age 20, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with false representation of a social security number on or about July 22, 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraud and misuse of visas and other documents on or about July 22, 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with false claim of citizenship on or about July 22, 2017. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Anthony James Hanel, age 29, of Orting, Washington, and Courtney Laparele Clark, age 32, of Arlington, Washington, are charged in a three-count Indictment. Count I charges the defendants with illegal possession of device-making equipment on or about February 5, 2019. The maximum possible penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges Hanel with felon in possession on or about February 5, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendants with possession of a firearm with obliterated serial number on or about February 5, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Christopher E. Collins, age 27, of Omaha, Marcus D. Evans, age 24, of Omaha, and Ervin L. Smith, Jr., age 23, of Omaha, are charged in a five-count Indictment. Count I charges the defendants with Robbery by force from an employee at Bucky’s Gas on or about January 1, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendants with brandishing a firearm on or about January 1, 2019. The possible penalty if convicted is 7 years’ to Life imprisonment consecutive to any other sentence, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count III charges the defendants with Robbery by force from an employee at Kwik Shop on or about January 1, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with Robbery by force from an employee at Phillips 66 on or about January 1, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count V charges the defendants with discharging a firearm on or about January 1, 2019, during the Phillips 66 robbery. The possible penalty if convicted is 10 years’ to Life imprisonment consecutive to the other sentence, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Sean Odean, age 35, of Kearney, Nebraska, and Sara Duncan, age 33, of Kearney, Nebraska, are charged with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine on November, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
* Santiel Flores Trejo, age 29, is charged with illegal reentry after deportation following a felony conviction on or about February 3, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Kelmin Gonzalez-Mendoza, age 31, of Freemont, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with false representation of a social security number on or about December 18, 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraud and misuse of visas and other documents on or about December 18, 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with false claim of citizenship on or about December 18, 2017. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Edgar Alberto Guerra Palomares, age 35, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about October 12, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with illegal reentry after deportation on or about October 12, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Esteban Hirales-Murillo, age 48, is charged with illegal reentry after deportation following a felony conviction on or about January 17, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Max Kerkman, age 29, of Oakdale, Nebraska, is charged with unlawful user in possession of a firearm on or about June 20, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Mark H. King, age 56, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography on or about January 17, 201,9 through February 6. 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, 5-years to Life term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession of child pornography on February 6, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 5 years to Life term of supervised release, and a $100 special assessment.
* Christopher D. Longo, age 37, of Columbus, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography on or about April 23, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, 5-years to Life term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession of child pornography on or about November 1, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 5 years to Life term of supervised release, and a $100 special assessment.
* Michael Dean McCullar, age 47, of Dwight, Nebraska, is charged in a four-count Indictment. Count I of the Indictment charges the defendant with production of child pornography on or about January 5, 2017. The maximum possible penalty if convicted is 30 years’ imprisonment, $250,000 fine, 5-years to Life term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with distribution of child pornography on or about October 25, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 5 years Life term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with distribution of child pornography on or about November 29, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 5 years to Life term of supervised release, and a $100 special assessment. Count IV of the Indictment charges the defendant with possession of child pornography on or about October 25, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 5 years to Life term of supervised release, and a $100 special assessment.
* Cesar Medina, age 30, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about November 20, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Roberto Ochoa-Andrade, age 41, is charged with illegal reentry after deportation on or about February 5, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Hannah Pauly, Dustin Pauly and Jose Santos-Zepeda, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, between on or about December 21, 2018 and January 11, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II charges Hannah Pauly with possession with intent to distribute 500 grams or more of methamphetamine on or about January 11, 2019. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count III charges Santos-Zepeda with possession with intent to distribute 50 grams or more of methamphetamine on or about January 11, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
* Martell W. Runningshield, age 32, of Macy, Nebraska, is charged in a three-count Indictment. Counts I-III charges the defendant with possession with intent to distribute a mixture and substance containing methamphetamine on or about October 24, 2017 through July 11, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment on each count, a $1,000,000 fine, a 3-year term of supervised release each count, and a $100 special assessment each count.
* Adela Sabino Perez, age 20, and Ivan Ventura Sabino, age 42, are charged in a four-count Indictment. Count I charges Sabino Perez with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine between on or about June, 2018 and about October 29, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II charges Sabino Perez with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 29, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count III charges Ventura Sabino with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about October 29, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. Count IV charges Sabino Perez with illegal reentry after deportation on or about October 29, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Ramon Simpson, age 48, of Norfolk, Nebraska, is charged in a two-count Indictment. In Counts I and II defendant is charged with false statement on or about November 8, 2018 continuing through November 21, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Linzy M. Swisher, age 23, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about November 19, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 10-year term of supervised release, and a $100 special assessment.
* Dilson Villatoro, age 35, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 18, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5-year term of supervised release, and a $100 special assessment.
* Joseph Lloyd James, age 47, is charged in a four-count Indictment. Court I charges James with murder in Indian Country from on or about November 5, 2018. The maximum possible penalty if convicted is mandatory Life in prison, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count II charges James with felony murder in Indian Country. The maximum possible penalty if convicted is mandatory Life in prison, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count III charges James with kidnapping resulting in death. The maximum possible penalty if convicted is mandatory Life in prison or the death penalty, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count IV charges James with carjacking resulting in death. The maximum possible penalty if convicted is up to Life in prison or the death penalty, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment
* Luis Enrique Perez-Osuna, age 26, is charged with illegal reentry after deportation from on or about February 6, 20199. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Francisco Pelaez-Melo, age 54, is charged with illegal reentry after deportation on or about February 12, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Justin Beall, age 36, of Omaha, is charged with interstate communications with intent to extort on or about November 27, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jose Mena-Valdez, age 35, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about October 30, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with use of a firearm in relation to a drug trafficking crime on or about October 30, 2018. The possible penalty if convicted is 5 years’ to Life imprisonment consecutive to the other sentence, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment..
* Timothy R. Cessor, age 27, of Cheyenne, Wyoming, is charged with threats against the President of the United States on or about February 4, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Steven McCain, age 38, of Omaha is charged with being a felon in possession of ammunition on or about January 15, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
Former English Language Teacher in China Sentenced to Eight Years in Prison for Distribution of Child PornographyRead the Press Release
WASHINGTON – A previously convicted child pornography offender was sentenced today to 96 months in prison followed by seven years of supervised release for distributing child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew D. Krueger for the Eastern District of Wisconsin and Special Agent in Charge R. Justin Tolomeo of the FBI’s Milwaukee Field Office, made the announcement.
Christopher Eklund, 47, formerly an English language teacher in China, pleaded guilty before U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin on Nov. 2, 2018 to one count of distribution of child pornography.
According to admissions made in connection with his guilty plea, between approximately Dec. 2014 and July 2015, Eklund advertised and shared thousands of images of child pornography, which was discovered during an undercover investigation into the distribution of child pornography over an internet file-sharing network. Eklund also used the network to write detailed, sexualized blog posts discussing his affinity for child pornography. FBI agents in Milwaukee reviewed these postings and downloaded several child pornography files that Eklund was sharing over the network.
During the investigation, the FBI learned that Eklund was a U.S. citizen who was living in Wuhan, China, teaching English classes to children. The FBI then provided investigative information to Chinese authorities. In Oct. 2016, after conducting their own investigation, Chinese authorities charged and convicted Eklund for child pornography offenses. In May of 2018, after Eklund was released from prison in China, he was deported to the United States for prosecution.
The case was investigated by the FBI Milwaukee Crimes Against Children Task Force, including participants from the Milwaukee Police Department, West Allis Police Department, Sheboygan County Sheriff’s Department, and Milwaukee County Sherriff Department, with the cooperation of the Chinese Ministry of Public Security and Public Security Bureau.
The case is being prosecuted by Trial Attorney Ralph Paradiso of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Benjamin W. Proctor of the Eastern District of Wisconsin.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Ex-Probation Officer Sentenced for Obstructing Federal InvestigationRead the Press Release
ALEXANDRIA, Va. – A former probation officer was sentenced today to nearly four years in prison for obstructing a federal grand jury investigation into armed drug traffickers and gang members.
According to court documents, Abass Conteh, 28, of Dumfries, served as a Virginia Department of Corrections Probation and Parole Officer working in Prince William County in 2017. As part of his duties, Conteh met with law enforcement officers and discussed ongoing criminal investigations, including with a Prince William County Police Department (PWCPD) gang detective. During the course of 2017, Conteh used his cell phone and social media accounts to convey confidential law enforcement information about ongoing federal investigations into drug traffickers and gang members. Conteh learned this information from the PWCPD detective and other sources. During these communications, Conteh provided advice to individuals under investigation on how to avoid being prosecuted.
For example, Conteh informed his cousin Nasiru Carew, a multi-time convicted felon who was sentenced to 16 years in federal prison in August 2018, that federal law enforcement were investigating the individuals who supplied local rappers with guns, money, and drugs. Conteh revealed further information to Carew which he learned from the PWCPD detective, including revealing the identities of several individuals who the "FEDS" were investigating, as well as the strategy of the investigation.
In March 2017, Conteh informed Carew that federal law enforcement were investigating Tarvell Vandiver, who was the leader of the Imperial Gangsta Blood gang. Carew later passed this information to Vandiver, who he had conspired with to distribute controlled substances. Vandiver was later sentenced to 20 years in federal prison.
In December 2017, the PWCPD Detective informed Conteh that federal law enforcement were investigating Alpha Kamara, who was later sentenced to five years in federal prison, and his sources of supply for narcotics. Shortly thereafter, Conteh revealed the information to Carew and later another individual. Conteh wrote, “[The PWCPD detective] brought All their names up. He never brought their names up until Alpha got womped. The feds goal is to find the supplier for the guns and drugs… They can’t do [expletive] to nobody if alpha [Kamara] don’t snitch”.
Conteh, Carew, Vandiver, and Kamara were prosecuted as part of Operation Tin Panda, which has resulted in 48 federal convictions and was investigated as part of the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Barry M. Barnard, Chief of Prince William County Police, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorneys Uzo Asonye and Carina A. Cuellar 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 is 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-367.
Eviction Notice Leads to 60 Month Prison Sentence for Manitowoc ManRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on February 20, 2019, Anthony C. Moore (age: 33), of Manitowoc, Wisconsin, was sentenced for violating Title 18, United States Code, Section 924(c). Moore previously pled guilty to possession of a firearm in furtherance of a drug crime.
According to court documents, a Manitowoc County Sheriff’s Deputy assigned to enforce a court ordered eviction of Moore from his residence observed drug remnants and drug paraphernalia inside the apartment. That deputy contacted a detective assigned to the Manitowoc Metro Drug Unit who obtained a search warrant for the residence. A search turned up small amounts of methamphetamine and marijuana, as well as a .380 Taurus handgun with a loaded magazine. Further investigation revealed that Moore had engaged in drug dealing at the residence.
While pronouncing Moore’s sentence, Chief District Judge William C. Griesbach noted the inherent danger that exists when those who sell controlled substances possess firearms. He further stated his belief that a 60-month prison sentence was just punishment for Moore who has not previously been to prison. Following his 5-year prison sentence, Moore will serve 3 years on federal supervised release.
The case was investigated by the Manitowoc County Sheriff’s Office and the Manitowoc County Metro Drug Unit. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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Ethiopian Human Rights Abuser Pleads Guilty to Fraudulently Obtaining U.S. Citizenship by Admitted Series of Lies in Naturalization Process, Including Failure to Disclose Participation in Persecution During the Red Terror Period in EthiopiaRead the Press Release
A naturalized U.S. citizen residing in Alexandria, Virginia pleaded guilty today to a felony charge of having fraudulently obtained U.S. citizenship.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Washington, D.C made the announcement.
Mergia Negussie Habteyes, 58, pleaded guilty to one count of unlawfully procuring naturalization contrary to law before U.S. District Judge T. S. Ellis III of the Eastern District of Virginia. A sentencing hearing before Judge Ellis is scheduled for May 17, 2019. Negussie was charged in an indictment returned by a federal grand jury in the Eastern District of Virginia on Aug. 14, 2018.
By his own admission, Negussie participated in the persecution of detainees in Ethiopia from roughly 1977 to 1978 during the “Red Terror,” a campaign of brual violence during which Ethiopia’s ruling military council, the Derg, and its affiliates arrested, extra-judicially detained, interrogated and tortured tens of thousands of members, perceived members and supporters of political opposition groups. Negussie injured and abused detainees on account of their political opinion by beating them with weapons including belts, rods, and other objects, causing in many instances permanent scarring and injury. During these beatings, Negussie questioned the detainees about their affiliation with the Ethiopian People’s Revolutionary Party (EPRP) and opposition activities of the EPRP, which was the Derg’s primary political opponent at the time.
Negussie came to the United States in 1999 after telling a series of lies to U.S. immigration officials in the course of obtaining authority to enter the United States as a refugee. He ultimately became a naturalized U.S. citizen in 2008. At his plea hearing, Negussie specifically admitted that, during his sworn naturalization interview, he falsely stated that he had never persecuted persons because of their political opinion, and he failed to disclose that he had committed a crime or offense for which he was not arrested. Additionally, Negussie admitted that he falsely stated that he had never given false or misleading information to any U.S. government official while applying for any immigration benefit and that he had never lied to U.S. immigration officials to gain entry or admission into the United States.
Negussie’s materially false representations in sworn statements to U.S. immigration officials resulted in his procurement of naturalization contrary to law.
“Individuals who participate in the kind of brutal human rights violations perpetrated by this defendant should not be able to find safe haven in the United States by misrepresenting themselves and their past,” said Assistant Attorney General Benczkowski. “The Justice Department and its partners will continue to pursue those, like Negussie, who seek to subvert the U.S. immigration and naturalization system this way.”
“Negussie sought to outrun his past by employing deception to fraudulently obtain United States citizenship,” said U.S. Attorney Terwilliger. “We remain committed to investigating and prosecuting criminal immigration cases, including those involving human rights violators.”
“The conscious choice to become a citizen is a great pillar and a richly beautiful tradition of the United States,” said HSI SAC Lechleitner. “It is the highest and most egregious offense to this special fabric of our country to commit fraud in order to obtain that citizenship, but it is immeasurably deplorable for Negussie to have willfully concealed his participation in raw inhumanity.”
Conviction will result in automatic revocation of Negussie’s U.S. citizenship.
The case was investigated by HSI Washington, D.C. with the support of the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation or the use or recruitment of child soldiers. The HRVWCC leverages the expertise of a select group of agents, lawyers, intelligence and research specialists, historians and analysts who direct the government’s broader enforcement efforts against these offenders. The HRVWCC comprises ICE HSI’s Human Rights Violators and War Crimes Unit, ICE’s Human Rights Law Section, FBI’s International Human Rights Unit and the Justice Department’s Human Rights and Special Prosecutions Section (HRSP).
The case was jointly prosecuted by Trial Attorney Jamie Perry of the Criminal Division’s HRSP and Assistant U.S. Attorney Alexander Blanchard of the Eastern District of Virginia with assistance from HRSP Historian Dr. Christopher Hayden and HRSP paralegal specialist Claire Garvin and EDVA paralegal specialist Angela Lawrence.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE or its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.
Eagle Butte Woman Charged with Assault and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury to a Child and Child Abuse.
Leilih Smart, age 31, was indicted on February 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 31, 2018, and January 1, 2019, Smart abused and assaulted a child under the age of 7 years old, causing serious bodily injury to the child.
The charges are merely accusations and Smart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Smart was released on bond pending trial. A trial date has not been set.
Domestic Violence Offender Federally Charged for Illegal Possession of FirearmRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Kyle Steven Moody, 32, of Fairbanks, has been charged in federal court with one count of being a prohibited person in possession of a firearm.
The federal indictment alleges that, on Dec. 6, 2018, Moody knowingly possessed a .22 caliber Ruger Mark IV handgun, despite having a previous domestic violence conviction in the State of Alaska. According to state court documents, law enforcement received a report of an assault and that Moody was in violation of his conditions of release, where the court had ordered that he have no contact with the victim.
Moody has a history of domestic violence offenses in the State of Alaska involving the same victim, and currently has pending state charges against him in connection with the events leading to the federal charges. As someone previously convicted of a misdemeanor crime of domestic violence, Moody was prohibited from possessing a firearm.
If convicted, Moody faces a maximum of up to 10 years in prison and a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Alaska State Troopers (AST) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the charges in this case. This case is being prosecuted by Assistant U.S. Attorney Ryan Tansey.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Doctor Convicted in Manhattan Federal Court of Nine Counts in Connection with Oxycodone and Fentanyl Diversion SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced the conviction yesterday of ERNESTO LOPEZ, a New York-licensed medical doctor who wrote thousands of medically unnecessary prescriptions for oxycodone and fentanyl over an approximately three-year period, following an eight-day trial before the Honorable Denise L. Cote. LOPEZ was remanded into custody following his conviction. Audra Baker, a medical assistant who worked in one of LOPEZ’s medical offices, and who was tried with LOPEZ, was acquitted of all charges against her.
U.S. Attorney Geoffrey S. Berman stated: “As the jury unanimously recognized, Ernesto Lopez betrayed his patients and the public, peddling dangerous opioids to addicts and drug dealers for his own personal financial profit. His flagrant drug dealing is all the more shocking coming as it did from a licensed medical professional who has taken an oath to do no harm to his patients.”
As reflected in the Indictment, documents previously filed in the case, and evidence introduced at trial:
From approximately 2015 until his arrest in November 2017, LOPEZ operated medical clinics in New York, New York, Jackson Heights, New York, and Franklin Square, New York, where LOPEZ, who purported to specialize in pain management, wrote thousands of prescriptions for oxycodone and fentanyl in exchange for cash payments. In total, LOPEZ wrote prescriptions for nearly one million oxycodone pills, with a street value of approximately $20 million. LOPEZ typically charged $200 to $300 in cash for patient visits, despite the fact that nearly 80 percent of his patients had health insurance. During many patient visits, LOPEZ neither performed a meaningful physical examination of patients, nor attempted to diagnose them. Instead, a typical such patient visit consisted primarily of recording a patient’s vital signs and sometimes involved the brief movement of a patient’s limbs. LOPEZ then prescribed large quantities of oxycodone, most frequently 120 30-milligram tablets, and fentanyl patches.
In addition to prescribing oxycodone and fentanyl patches to patients without a legitimate medical need, LOPEZ also prescribed to many patients a fentanyl-based spray, called Subsys, which was intended to treat breakthrough cancer pain, for which those patients – many of whom did not have cancer – had no legitimate medical need. In connection with these prescriptions, LOPEZ submitted an application to INSYS Therapeutics to join a so-called “speaker’s program,” where doctors received payments in exchange for prescribing the fentanyl-based spray to patients.
LOPEZ also provided loose oxycodone pills, without a prescription, directly to at least one patient on multiple occasions, instructed an employee to fill a prescription for oxycodone pills and then to give the pills to LOPEZ, and instructed the same employee to crush an oxycodone pill and put the resulting powder into a urine sample, so as to cheat a drug test.
At the time of LOPEZ’s arrest, law enforcement agents recovered, among other things, hundreds of fentanyl sprays and patches from his residence, along with approximately $729,000 in cash in boxes.
After the verdict was announced, Judge Cote said: “Lives were destroyed and damaged. People have suffered enormously because of what the doctor chose to do for those years.”
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LOPEZ, 75, of Flushing, New York, was convicted of one count of conspiring to distribute oxycodone and fentanyl outside the usual course of professional practice and without legitimate medical need, and eight counts of distributing oxycodone outside the usual course of professional practice and without legitimate medical need. Each count carries a maximum sentence of 20 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendant will be determined by Judge Cote on June 11, 2019.
Mr. Berman praised the outstanding investigative work of the Drug Enforcement Administration’s New York Tactical Diversion Squad. Mr. Berman also thanked the New York City Police Department, the Department of Health and Human Services, the New York City Department of Investigation, the New York State Office of the Medicaid Inspector General, the New York City Human Resources Administration, the Nassau County Police Department and Asset Forfeiture Unit, the Nassau County District Attorney’s Office, the New York County District Attorney’s Office, and the New York State Department of Financial Services for their work on the investigation.
Parts of this case were conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state, and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Nicholas Folly, Elizabeth Hanft, and Michael McGinnis are in charge of the prosecution.
Convicted Felon Charged with Illegally Possessing Machine Gun and Ammunition in His Lake County HomeRead the Press Release
CHICAGO — A convicted felon was charged today with federal firearm violations for allegedly illegally possessing a machine gun, silencers and ammunition in his Lake County home.
GREGORY DOMENICO, 35, of Wauconda, is charged with one count of illegal possession of ammunition by a convicted felon, and one count of illegal possession of an unregistered machine gun and three silencers. Domenico possessed the machine gun, silencers and five rifle cartridges at his residence in December 2018 and January 2019, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago. Domenico was arrested Thursday, and law enforcement carried out a court-authorized search of his residence.
Domenico made an initial court appearance today before U.S. Magistrate Judge Sheila Finnegan in Chicago and was ordered to remain in federal custody. A detention hearing was scheduled for Feb. 27, 2019, at 10:30 a.m.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; John Idleburg, Lake County Sheriff; and David Wermes, Chief of the Wauconda Police Department. The case was investigated by the Lake County Gang Crimes Task Force. The government is represented by Assistant U.S. Attorney Tiffany Ardam.
According to the complaint, an undercover law enforcement officer made several purchases of unregistered firearm parts from Domenico. The sales occurred at Domenico’s residence, the complaint states.
According to the complaint, Domenico sold the undercover officer two silencers on Dec. 13, 2018; a silencer and an auto-sear, which is designed to convert a semi-automatic pistol into a machine gun, on Dec. 18, 2018; and five rifle cartridges on Jan. 22, 2019. Domenico was previously convicted of a felony and could not lawfully possess a firearm, firearm parts, or ammunition. Domenico has never held a federal firearms license nor has he registered the possession and transfer of any items with the National Firearm Registration and Transfer Record, the complaint states.
Colombian Man Pleads Guilty to Drug ChargeRead the Press Release
Tampa, Florida – Genaro Cuero (64, Buenaventura, Colombia) today pleaded guilty to a conspiracy violation of the Maritime Drug Law Enforcement Act. He faces a minimum mandatory term of 10 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Cuero was responsible for arranging the transportation of several maritime cocaine smuggling ventures in international waters of the Eastern Pacific Ocean. He represented the head of a drug-trafficking organization (DTO) and assisted with the smuggling of large quantities of cocaine. In April 2011, the U.S. Coast Guard (USCG) interdicted a self-propelled semi-submersible (SPSS) vessel that had been dispatched from Colombia by the DTO. The mariners aboard the SPSS vessel scuttled it, but the USCG successfully recovered 93 kilograms of cocaine.
In July 2014, the USCG interdicted a go-fast vessel dispatched from Colombia by the DTO. During that intercept, the USCG seized approximately 40 kilograms of cocaine out of a total load of 200 kilograms, most of which had been jettisoned.
Cuero was arrested in Colombia in November 2017 and extradited to the United States in December 2018.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the U.S. Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The Department of Justice’s Office of International Affairs and the U.S. Embassy, Bogotá, Colombia, assisted with the extradition process. The case is being prosecuted by Assistant United States Attorney Christopher F. Murray.