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Thursday 7 February 2019
Justice Department Awards More Than $8.3 Million to Support California Victims of the Las Vegas Mass ShootingRead the Press Release
The Justice Department today announced that the Office of Justice Programs’ (OJP) Office for Victims of Crime (OVC) awarded more than $8.3 million in Antiterrorism and Emergency Assistance Program (AEAP) funding to aid Californians who are survivors of the Oct. 1, 2017, mass shooting in Las Vegas, Nevada. Deputy Attorney General Rod J. Rosenstein made the announcement in a speech today to law enforcement at the Los Angeles Crimefighters Leadership Conference.
Fifty-eight people were killed and more than 600 physically injured when a man opened fire on the Route 91 Harvest Festival, an open-air music venue, from a hotel room on the 32nd floor of the Mandalay Bay hotel and casino on the Las Vegas strip. When officers located the gunman and entered the room, he was found dead with self-inflicted wounds.
This new grant is being awarded to the California Victim Compensation and Government Claims Board, as 35 of the 58 murder victims and approximately 200 of those physically injured were from California. By some estimates, half of the concert attendees that evening were from the state of California. This incident of mass violence significantly impacted the state resources available to victims.
"The Las Vegas mass shooting was the deadliest in American history, and it inflicted unfathomable damage to hundreds of people, many of whom were visiting from California,” Deputy Attorney General Rod J. Rosenstein said. "While we cannot undo the evil that was done that day, the Department of Justice is doing its part to support first responders and survivors. We have already provided more than $19 million in funds for law enforcement and victims' services. Today we provide an additional $8.3 million to services for victims from California. We support them and all crime victims --and we will continue to do our part to help them heal."
The $8,353,884 in funding will provide supplemental crisis response and consequence management support services to help victims as they continue to heal and cope with probable re-traumatization. These services include supplemental crime victim compensation expenses; victim assistance, such as mental health and peer support groups; outreach to identify and contact victims, including a virtual victim resiliency center; and related expenses for support staff to provide these activities. The peer support groups will occur in multiple locations to provide easier access for victims.
In addition to this grant, in November 2018, the Justice Department awarded $16,735,720 to the state of Nevada, primarily for those not residing in California, to assist victims of this terrorist attack, including ticket holders, concert staff, vendors, witnesses, law enforcement personnel, and other first responders. The grant helped to support close family members, medical personnel, coroner’s staff, taxi drivers, and others who helped the concert attendees. In addition, it defrayed the costs of counseling and therapy, vocational rehabilitation, and trauma recovery for victims and emergency responders. Funds also assisted with legal aid and supplemented the massive outlays incurred by the Nevada victim compensation program.
In June 2018, the Department awarded over $2 million to support first responders in the aftermath of the shooting. In addition, in November 2018, the Justice Department announced a new $8.7 million grant to provide multi-disciplinary, scenario-based active shooter training to first responders across the country.
“The scale of loss and suffering endured by these victims and survivors is enormous, and the trauma will follow them the rest of their lives,” said Principal Deputy Assistant Attorney General Matt M. Dummermuth. “We hope that these resources will help sustain them as they walk the path from pain and grief to healing.”
AEAP is a non-competitive solicitation specifically created to provide supplemental emergency and longer-term victim support to jurisdictions where a criminal mass violence or domestic terrorism incident occurred. OVC awards funding once local and state authorities have determined the costs associated with responding and have submitted a request for assistance.
For more information about AEAP, please visit: https://www.ovc.gov/AEAP/
The Office of Justice Programs, led by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.
Jury Convicts Former President of Oregon Foster Care Agency on Theft, Money Laundering and Tax Evasion ChargesRead the Press Release
Downloadable file: U.S. v. Ayala - Exhibit #311
PORTLAND, Ore.—A federal jury found Mary Holden Ayala, 59, of Portland, guilty today of stealing nearly $1 million from an Oregon foster care agency, money laundering and filing false personal income tax returns.
From at least 2008 to 2015, Ayala, a longtime Portland resident, served as the President, Executive Director and primary agent of Give Us This Day (GUTD), a private foster care agency and residential program for youth.
“Children in foster care rely heavily on the agency to which they are entrusted and these agencies are responsible for protecting and caring for them. Mary Holden Ayala grossly neglected her duties and selfishly stole from children in need,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “This prosecution demonstrates our firm commitment to protecting the integrity of federally-funded social service programs.”
“Abuse, drug addiction and violent crime can force children into a foster care system that is supposed to give them a second chance at a better life. One person's greed can corrupt that system, though, leading to victimization of these vulnerable kids. Help stop such victimization and strengthen important institutions by reporting public corruption when you see it,” said Renn Cannon, Special Agent in Charge of the FBI in Oregon.
“Mary Ayala’s theft of nearly $1 million was nothing short of stealing food and shelter from the most vulnerable of our population,” said Acting Special Agent in Charge Troy Burrus, IRS-Criminal Investigation, Seattle Field Office. “Instead of ensuring the children entrusted to her care were properly clothed and fed, Ayala used the money for luxury home renovations, a pilot for a reality show, extensive travel to luxury resorts, music recording studio, luxury shoes and purses. Her final act of contempt was to attempt to hide the stolen money by filing federal tax returns without declaring the stolen funds.”
“Ms. Ayala’s crimes are disturbing: she embezzled money meant to assist foster care children and their families,” said Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General. “We will continue to investigate such greed-fueled fraud schemes.”
According to court documents, since its inception in 1979, GUTD was primarily funded by the Oregon state and federal government for foster care services including hiring and screening foster parents for community placements, compensating foster parents for services and placing foster children in residential or group homes. GUTD federal funding originated from the Administration for Children and Families, a division of the U.S. Department of Health and Human Services, and was administrated by ODHS.
From 2009 through 2015, Ayala exercised sole and complete control over GUTD finances. No other GUTD employee or board member had access to the organization’s bank accounts or statements during this time. With no internal controls in place, Ayala wrote checks, used the GUTD debit card and withdrew cash at will, using the organization’s bank accounts as her own.
Ayala used the money stolen from GUTD to pay her mortgage, remodel her home and fund other retail, travel and transportation expenses. Additionally, she used the money to fund other, non-GUTD business ventures including a media company and Big Mary’s, a fish and ribs restaurant in Portland, and to purchase and flip a commercial property.
In total, Ayala stole nearly $1 million from GUTD. As a result, her employees, foster parents and foster children in GUTD’s care suffered tremendously. GUTD residential center and house managers complained about a lack of basic necessities, including but not limited to food, toiletries and cleaning supplies.
In 2015, the day after Ayala resigned her position at GUTD, she filed five false federal income tax returns for tax years 2009 through 2013. Shortly thereafter, she filed a sixth false return for tax year 2014. Ayala failed to file a tax return in 2015.
In a superseding indictment returned on May 3, 2017, a federal grand jury in Portland charged Ayala with five counts of theft concerning programs receiving federal funds, one count of concealment of money laundering, one count of failure to file a personal federal tax return and two counts each of engaging in monetary transactions with criminally derived property and filing a false personal federal tax return. The government dropped the concealment of money laundering charge prior to trial.
Ayala will be sentenced on May 29, 2019 by U.S. District Court Judge Marco A. Hernandez.
The government has seized more than $450,000 in criminally-derived proceeds from Ayala that it will seek to forfeit by court order post sentencing.
This case was investigated by the FBI, the Department of Health and Human Services Office of Inspector General and IRS-Criminal Investigation. It was prosecuted by Donna Maddux, Clemon Ashley and Julia Jarrett, Assistant U.S. Attorneys for the District of Oregon.
Jennifer Dwyer Indicted for Embezzling over $2 Million from EmployerRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jennifer Dwyer, 48, of St. Johnsbury, Vermont, has been indicted on a charge that she embezzled more than $2 million over a ten-year period from her Lyndonville employer, Northeast Agriculture Sales, Inc. (“NEAG”). Dwyer was arraigned on the charge by U.S. Magistrate Judge John M. Conroy on January 24, 2019, where Dwyer pled not guilty and was ordered released pending trial. If convicted, Dwyer faces a maximum possible penalty of 20 years in prison.
According to the Indictment, NEAG, a family business, was established in 1987 and has locations in Lyndonville and Maine. Dwyer was NEAG’s bookkeeper from approximately 1998 to 2017. As bookkeeper, her responsibilities included customer billing, handling company accounts, and managing NEAG’s payroll system. The Indictment charges that between 2007 and 2017, Dwyer embezzled approximately $2,221,079.47 from her employer through unauthorized electronic transfers of funds from NEAG’s payroll account to her personal checking account. The government further alleges that Dwyer used the misappropriated funds to engage in on-line gambling and pay personal debts. The Indictment also contains a Forfeiture Notice notifying Dwyer that it intends to seek forfeiture of any property constituting, or derived from, the proceeds of the alleged fraudulent scheme.
Dwyer was arrested in Lyndonville by FBI Agents on January 17, 2019.
The United States Attorney’s Office noted that the Indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. Any sentence in this case will be advised by the federal Sentencing Guidelines.
The Federal Bureau of Investigation is conducting the investigation in this matter.
This prosecution is being handled by First Assistant U.S. Attorney Kevin J. Doyle. Jennifer Dwyer is represented by John B. St. Francis, Esq. of Burlington.
Jacksonville Woman Sentenced to 40 Years for Producing Sexual Abuse Videos Involving A ChildRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Christine Alyce Slayman (28, Jacksonville) to 40 years in federal prison for producing child pornography. Slayman was ordered to serve a life term of supervision, following her release from prison. She had pleaded guilty to two counts of producing child pornography on August 30, 2018.
According to court documents, over a several month period in 2015, Slayman sexually abused a 6-year-old child in King William, Virginia. She recorded the abuse using her cellphone. The Jacksonville Sheriff’s Office found the videos in Slayman’s Jacksonville home, after receiving a tip. Slayman had filmed herself engaged in sexual activity with the child, which included Slayman directing the child to engage in sex acts. Federal agents located 18 different video files of Slayman sexually abusing the child.
“While today’s sentencing marks an end to the investigation and prosecution of this criminal, it is important to remember that a child will carry the scars of this crime for their lifetime,” said HSI Tampa Special Agent in Charge James C. Spero.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Kelly S. Karase and Ashley Washington.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Illinois Man Pleads Guilty to Meth and Heroin ChargesRead the Press Release
A man who possessed methamphetamine and heroin pled guilty February 7, 2019, in federal court in Sioux City.
Jerry Rhoades, 44, from Peoria, Illinois, was convicted of one count of possession with intent to distribute methamphetamine and one count of possession of heroin.
At the plea hearing, Rhoades admitted that on May 25, 2018, he was found asleep in his car at a local motel in Woodbury County, Iowa, in possession of heroin and methamphetamine. Rhoades admitted he went from Illinois to California with $6,000 to pick up 20 pounds of marijuana but the deal failed – so Rhoades bought heroin and methamphetamine instead, which Rhoades intended to sell. Rhoades further admitted to being a user of heroin and a seller (middle-man) of marijuana and methamphetamine.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Rhoades remains in custody of the United States Marshal and will remain in custody pending sentencing. On the methamphetamine conviction, Rhoades faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and three years up to life of supervised release following any imprisonment. On the heroin conviction, Rhoades faces a likely possible maximum sentence of not more than one year imprisonment, a $1,000 fine and a term of supervised release of one year.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel 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 18-4081. Follow us on Twitter @USAO_NDIA.
Honduran Man Sentenced to Federal Prison for Illegally Reentering the United States as a FelonRead the Press Release
A man entered the United States illegally from Honduras was sentenced on February 6, 2019, to five months’ in prison.
Walter Redondo-Amador, age 23, from Honduras, received the sentence after a November 13, 2018, guilty plea to one count of illegal re-entry after a felony conviction.
At the guilty plea, Redondo-Amador admitted he had illegally entered the United States from Honduras after being deported for a conviction of delivery of marijuana in 2014, in Wright County, Iowa. On July 13, 2018, Redondo-Amador was arrested for third degree sexual abuse in Humboldt County.
Redondo-Amador was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Redondo-Amador was sentenced to five months’ imprisonment. He must also serve a 2-year term of supervised release after the prison term.
Redondo-Amador is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-03050.
Follow us on Twitter @USAO_NDIA.
Honduran Man Sentenced to Federal Prison for Illegally Reentering the United StatesRead the Press Release
A man who entered the United States illegally from Honduras was sentenced on February 20, 2019, to six months’ in prison.
Enrique Garcia-Dormes, age 32, from Honduras, received the sentence after a December 12, 2018, guilty plea to one count of illegal re-entry.
At the guilty plea, Garcia-Dormes admitted he had illegally entered the United States from Honduras, on an unknown date, after previously being deported in June of 2013. On August 29, 2018, officers from the Enforcement and Removal Office from ICE, acting on information provided by the Sioux City Police Department, conducted surveillance in Spencer, Iowa, searching for ICE fugitive Garcia-Dormes. Officers witnessed Garcia-Dormes exit a hotel and enter a vehicle along with two other occupants. Officers stopped the vehicle, and arrested Garcia-Dormes.
Garcia-Dormes was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Garcia-Dormes was sentenced to six months’ imprisonment. He must also serve a 1-year term of supervised release after the prison term.
Garcia-Dormes is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-04079.
Follow us on Twitter @USAO_NDIA.
Head of Deadly Elmira Opioid Trafficking Organization Sentenced to 23 Years in PrisonRead 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 Robert Ian Thatcher, 31, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, U-47700 and 100 grams or more of furanyl fentanyl, was sentenced to serve 23 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant, along with co-conspirator Maximillian Sams, ran a large-scale opioid manufacturing and trafficking organization in the Southern Tier of New York and northern Pennsylvania between 2015 and May 2017. As part of the conspiracy, Thatcher and Sams imported bulk quantities of furanyl fentanyl and U-47700 from overseas suppliers China. They ordered the furanyl fentanyl and U-47700 on what is known as “the dark web,” and used different people and addresses in New York and Pennsylvania to receive the shipments. The defendant and Sams purchased equipment and materials – including pill presses/mechanical tableting machines, microcrystalline cellulose, lactose magnesium stearate, and powdered food coloring – which they used to manufacture tens of thousands blue pills containing furanyl fentanyl and U-47700. The pills were made to look like legitimate 30 milligram Percocet pills.
At least two individuals – a 21 year old female, and a 25 male – died after ingesting the blue pills containing furanyl fentanyl and U-47700. In addition, at least one individual – identified as J.M. – overdosed on more than one occasion after using the blue pills manufactured, but survived after being treated by first responders with Narcan.
Thatcher and Sams used residences at 604 South Lehigh Avenue in Sayre, Pennsylvania, and 665 Sawdey Road in Catlin, NY, to manufacture and process the pills for distribution. During the execution of a search warrant at the Sayre location on May 16, 2017, law enforcement agents recovered, among other things, 244 blue pills containing furanyl fentanyl, four long guns and ammunition. In addition, during the execution of a search warrant at the Catlin location on May 18, 2017, law enforcement agents recovered, among other things, materials used by the defendant and Sams to manufacture the pills for distribution. During the conspiracy, Thatcher also possessed several firearms at the Pennsylvania location and his residence in Elmira.
After manufacturing the pills, the defendant and Sams would distribute them in large quantities to other co-conspirators – including Anthony Prettyman, Jesus Rivera, Terrance Washington, and Dwayne Banks, a/k/a Fizzle, a/k/a Fizz, who would then distribute the pills to various street-level customers in the Elmira area. Pills were also supplied to an individual in the Charlotte, North Carolina area. As part of the conspiracy, Sams used co-conspirator Anthony Prettyman to transport 5,330 blue pills containing furanyl fentanyl from Elmira to North Carolina in October 2016. On October 25, 2016, in North Carolina, deputies with the Iredell County (NC) Sheriff’s Office conducted a traffic stop of the vehicle in which Prettyman was traveling. During a subsequent search, the deputies recovered and seized a paint can with a false bottom containing the 5,330 blue pills from inside Prettyman’s vehicle.In early 2017, Thatcher arranged for a package of furanyl fentanyl, that he ordered over the dark web, to be sent to co-conspirator Carlito Rios, Jr. On March 13, 2017, Customs and Border Protection officers at the John F. Kennedy International Airport Mail Branch in Queens, NY, examined a United States Postal Service package addressed to co-conspirator Rios at 1015 Oak Street in Elmira. The sender was listed as an entity in China. Upon inspection, the package was found to contain approximately 249 grams of furanyl fentanyl. The defendant and Sams intended to use the seized furanyl fentanyl to manufacture and distribute additional quantities of the blue pills.
“That the members of this organization sought to profit by pushing poison on those struggling with adiction, is reprehensible,” stated U.S. Attorney Kennedy. “In my view, however, what is even more insidious about their behavior was their efforts to press this poison into counterfeit pills, thereby given their customers a false sense of security that there was some quality and dosage control associated with their manufacture.”
To date, 13 members and associates of the defendant’s opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Each of those defendants is awaiting sentencing. Among them, Thatcher’s girlfriend, Amber Bates, who was convicted of money laundering conspiracy and sentenced to five years probation to include six months home detention. In addition, an Elmira resident, Isaiah McLaurin, was convicted in September 2017 of witness tampering, after he made threats on Facebook against an individual working with the Drug Enforcement Administration during the investigation. Chief Judge Geraci sentenced McLaurin to 57 months in federal prison.
The sentencing is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.
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Grand Jury Brings New Charges Against Alleged Beaver County Cocaine DealerRead the Press Release
PITTSBURGH, PA – A Beaver County resident has been charged in a Superseding Indictment by a federal grand jury in Pittsburgh, Pennsylvania, with violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The eight-count Superseding Indictment, returned on Feb. 5, named Rickee Dawkins, 52, of Aliquippa, PA, as the sole defendant.
According to the Superseding Indictment, from July 2016 to July 2017, in the Western District of Pennsylvania, Dawkins conspired to distribute and possess with intent to distribute a quantity of cocaine. In addition, on various dates during the course of the conspiracy, Dawkins distributed and possessed with intent to distribute quantities of cocaine.
The law provides for a maximum total sentence of 20 years in prison, 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 offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert C. Schupansky is prosecuting this case on behalf of the government.
This prosecution is part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. The GPSSTF and the United States Attorney’s Office, Western District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United Sates Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department. The Department of Homeland Security Investigators also assisted in the investigation leading to the Superseding Indictment in this case.
This investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Georgia Man Pleads Guilty to Conspiracy in Connection with A Bribery Scheme Involving Three Former Top Buncombe County OfficialsRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Andrew Murray announced that Joseph F. Wiseman, Jr., 58, of Roswell, Georgia, pleaded guilty to a conspiracy charge today, for his role in a bribery scheme involving three former top Buncombe County Officials.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Director Robert Schurmeier of the North Carolina State Bureau of Investigation (SBI); and Matthew D. Line, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), join U.S. Attorney Murray in making today’s announcement.
According to documents filed with the court, at various times from the mid-1980s through 2017, Wiseman was the agent and contractor on behalf of three businesses that collectively obtained more than $15 million in contracts with Buncombe County for consulting and engineering services. Court records show that from at least 2014 through June 30, 2018, Wiseman engaged in a bribery scheme involving three top Buncombe County Officials: former County Manager Wanda Skillington Greene; former Director of the Department of Planning and Development Jon Eugene Creighton; and former Director of the Department of Social Services, Assistant County Manager, and later Buncombe County Manager, Amanda Stone (collectively, “County Officials”).
According to court documents, the plea agreement, and statements made in court, Greene, Creighton, and Stone engaged in the bribery scheme with Wiseman and used their official positions to enrich and benefit themselves by soliciting and accepting gifts, payments, and other things of value from Wiseman, in exchange for awarding Wiseman and the companies he represented with lucrative county contracts and projects. Court records show that Wiseman understood and agreed that providing the trips, gifts, and other things of value to the three County Officials was a necessary condition for his companies to continue to obtain contracts with the County.
According to court records, prior to 2014, Greene, Creighton, and Stone went on trips that were connected in some way with legitimate county business, but during which Wiseman provided things of value such as meals, wine, tickets to sporting events, and other excursions. By 2014, the County Officials solicited and accepted valuable gifts from Wiseman that were entirely unrelated to any legitimate County business. For example, Wiseman paid for pleasure trips to various locations within the United States and abroad, including to Key West, Boston, Martha’s Vineyard, Napa Valley, San Diego, Vienna, Budapest, Cartagena, and Vancouver, among others. In addition to lodging and airfare, during those trips Wiseman also paid for sightseeing excursions, spa sessions, and gift shop purchases, such as cases of wine from the Napa Valley vineyards that the County Officials visited. To pay for the trips and other incidentals, Wiseman either provided the County Officials with his credit card number, or, as in Creighton’s case, the credit card itself.
As a result of receiving the above-cited things of value, Greene and Creighton awarded on behalf of Buncombe County multiple contracts worth over $2 million to Wiseman’s company, Environmental Infrastructure Consulting, LLC (EIC). According to the filed factual basis statement to which Wiseman agreed during the entry of his guilty plea, Wiseman contends that the expenses he incurred by providing these trips, gifts, and other things of value to the County Officials came out of what otherwise would have been part of the his own profit, rather than from any type of “padding” or inflating of the contract amounts. However, Wiseman did agree that he provided the valuable gifts for the purpose of influencing Greene, Creighton, and Stone’s decision to award the contracts, and, in doing so, Wiseman conspired with the County Officials to deprive the Government and the citizens of Buncombe County of their right to the honest services of those employees.
Wiseman pleaded guilty to conspiracy to commit honest services fraud before U.S. Magistrate Judge Carleton Metcalf. The maximum penalty for the charge is five years in prison and a fine of $250,000. A sentencing date has not been set.
In making today’s announcement, U.S. Attorney Murray thanked the FBI, IRS-CI and the SBI for their investigation of this case, and noted that the investigation into allegations of criminal activities within the Buncombe County Government is ongoing.
Assistant United States Attorney Richard Edwards of the U.S. Attorney’s Office in Asheville is prosecuting the case.
Gang Member with Gun Goes to Federal PrisonRead the Press Release
PITTSBURGH -A Pittsburgh-area gang member has been sentenced in federal court to two years of imprisonment on his conviction of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy M. Bissoon imposed the sentence on Tre Goins, 24, of Pittsburgh, PA.
According to information presented to the court, Goins was a member of the "TRAPPLE" street gang in the East End area of the City of Pittsburgh. On June 23, 2017, a 17-year-old boy was shot to death near a residence on Apple Avenue, the headquarters of the gang. Goins was observed by police leaving the alley behind this residence with an object tucked to his waist. That item was discovered to be the murder weapon used by another gang member during the killing. Since the defendant had two prior convictions for gun offenses in state court, he was also prohibited from possessing a firearm or ammunition under federal law.
Prior to imposing sentence, Judge Bissoon heard testimony from the mother of the deceased victim as she described what his death meant to her and the family. Based in part upon a sentencing guideline range of 24 to 30 months, Judge Bissoon determined that 24 months of incarceration, a $10,000 fine, and supervision by the United States Probation Office for the maximum period of three years after his release from federal prison, was the sentence that was sufficient but not more than necessary in this matter. The Judge ordered that her sentence run concurrent with any future sentence imposed by the Pennsylvania Board of Probation and Parole as a result of committing the federal gun offense while on state parole for two prior gun convictions.
Assistant United States Attorney Ross E. Lenhardt, of the Major Crimes and Violent Crimes Sections of the United States Attorney’s Office, prosecuted this case on behalf of the government.
United States Attorney Brady commended the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Goins.
This case was prosecuted as part of Project Safe Neighborhoods, 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.
Four people indicted for firearms violationsRead the Press Release
Four people were indicted in federal court for firearms crimes.
Indicted are: Jevonn Goolsby, 29, of Akron; Seirgio Kindell, 30, of Canton; Charles E. Goode Jr., 37, of Lakewood, and Dwayne J. Wilson, 34, of Euclid.
Goolsby is charged with being a felon in possession of ammunition. Goolsby possessed a Hi-Point C9 pistol and seven rounds of ammunition on August 3, 2018, despite previous convictions for aggravated robbery and robbery, according to the indictment.
Kindell is charged with being a felon in possession of a firearm and ammunition. Kindell possessed Walther .22-caliber pistol and ammunition on December 5, 2018, despite a previous conviction for felonious assault with a firearm specification, according to the indictment.
Goode is charged with being a felon in possession of a firearm and ammunition. Goode possessed Ruger 9 mm pistol and ammunition on December 2, 2018, despite a previous conviction for aggravated assault, attempted felonious assault and aggravated robbery with a firearms specification, according to the indictment.
Wilson is charged with being a felon in possession of a firearm and ammunition. Wilson possessed Smith & Wesson 9 mm pistol and ammunition on December 16, 2018, despite a previous conviction for domestic violence and burglary, according to the indictment
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Akron Police Department (Goolsby).
They are being prosecuted by Assistant U.S. Attorneys Damoun Delaviz, Aaron P. Howell and Kelly L. Galvin.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Founder and President of Online Gaming Company Charged in Manhattan Federal Court for Participating in Multimillion-Dollar Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ROBERT ALEXANDER was arrested this morning on securities fraud and wire fraud charges stemming from his participation in a scheme to defraud investors by soliciting investments in his online gaming company (the “Company”) through false representations and using investor funds for his own personal use.
ALEXANDER is expected to be presented today in Manhattan federal court before the U.S. Magistrate Judge Ona T. Wang.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Robert Alexander lied to investors in his online gaming company, fabricating information about his professional background and promising to use investor money solely to further the aims of the business. Instead, Alexander allegedly used more than $1.3 million in investor funds on, among other things, gambling excursions, entertainment venues, and other personal expenses. As this arrest demonstrates, fraud on investors is no game, and we will continue to partner with the FBI to investigate and prosecute those who defraud investors.”
FBI Assistant Director-in-Charge William F. Sweeney, Jr. said: “Time and time again, we come across evidence of investment funds being misappropriated to pay off personal debts or fund extravagant lifestyles. As evidenced by today’s arrest, those who allegedly use these funds for other than their intended purpose are taking a gamble—the bigger the risk does not always mean the greater the reward.”
According to the Complaint[1]:
Beginning in at least 2013 and continuing through in or about 2017, ALEXANDER engaged in a scheme to defraud investors in the Company. Specifically, ALEXANDER solicited and maintained investments in the Company through numerous false representations, including concerning his own professional background, the Company’s financial condition, expected returns on investment, and assurances to investors that their investments would be used solely for the Company’s business purposes.
Also in furtherance of his scheme and contrary to representations made to investors, ALEXANDER used more than approximately $1.3 million of the funds he obtained from investors for his own personal expenses instead of for the Company’s business purposes. For example, ALEXANDER used investor funds to make payments toward his personal credit cards, to fund his gambling excursions to multiple casinos, to make rental payments for his personal residence, and to make car payments for a luxury car purchased for one of ALEXANDER’s family members.
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ALEXANDER, 49, of Las Vegas, Nevada, was arrested this morning. ALEXANDER is charged with one count of securities fraud and one count of wire fraud. The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million or twice the gross gain or loss from the offense. The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the work of the FBI. He also thanked the Securities and Exchange Commission.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Elisha J. Kobre and Margaret Graham are in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Former Virginia Beach Probation Officer Sentenced to PrisonRead the Press Release
NORFOLK, Va. – A former Virginia Beach probation officer was sentenced today to eight years in prison for committing bank and wire fraud.
According to court documents, Kevin Darlene Edwards, 63, engaged in a four-year long scheme to defraud Beach Municipal Credit Union, two lenders, and other individuals of money and property. Starting in April 2015, Edwards falsified and forged numerous documents to support her application for a $650,000 loan. Through fraud and deceit, Edwards successfully obtained the loan and purchased a very large home in Chesapeake. Shortly thereafter, Edwards defaulted on the mortgage and filed a fraudulent bankruptcy to prevent the foreclosure sale, while also making numerous misrepresentations to the United States Bankruptcy Court.
In addition to committing bank fraud, Edwards also procured a fraudulent loan from another lender by falsely asserting that she needed funds to save her daughter-in-law’s home from foreclosure. To obtain this loan, Edwards created a fake attorney and forged the signatures of her children and the notary on numerous fraudulent documents. As a result, Edwards caused the lender to place a fraudulent lien on the home owned by her children.
To lull some of her victims, Edwards created fraudulent court orders involving fictitious cases and forged signatures of federal judges. After pleading guilty in this case, and while awaiting sentencing, Edwards filed another fraudulent lawsuit in Chesapeake Circuit Court to again prevent the foreclosure sale of her Chesapeake home. In that lawsuit, which the Chesapeake Circuit Court dismissed, Edwards made numerous misrepresentations and presented a letter claiming that she intended to pay off the mortgage on her home with the proceeds of a $3 trillion settlement fund that did not exist.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorneys Melissa E. O’Boyle and Daniel Shean 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 theDistrict Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-120.
Former Teemco President Sentenced to Prison for Tax FraudRead the Press Release
OKLAHOMA CITY – GREGORY DAMIEN LORSON, of Panama City Beach, Florida, was sentenced today to five years in prison for not paying federal payroll taxes withheld from wages of TEEMCO, LLC, employees, announced Robert J. Troester of the U.S. Attorney’s Office.
On April 3, 2018, Lorson was charged in a one-count Information with willful failure to collect and pay federal payroll taxes to the IRS. According to the Information, Lorson was President and Chief Executive Officer of TEEMCO, LLC, from 2010 until the business closed in mid-2015. TEEMCO was an environmental sales and consulting company in Oklahoma City. From 2010 to 2015, TEEMCO deducted and withheld federal income taxes, Social Security taxes, and Medicare taxes (commonly called "payroll taxes") from wages of TEEMCO employees. Under federal law, an employer must deduct and withhold payroll taxes from employees’ wages, and then pay those withheld taxes to the IRS at the end of each quarter. According to the Information, instead of forwarding the withheld payroll taxes to the IRS, Lorson used that money to fund TEEMCO’s extensive advertising campaign and to pay other creditors and expenses.
Lorson pleaded guilty on June 15, 2018. He admitted that TEEMCO withheld federal payroll taxes from employees’ wages and that he knew TEEMCO had a duty to pay those withheld taxes to the IRS. Lorson admitted that he directed TEEMCO employees not to forward the withheld payroll taxes to the IRS. He also admitted that he failed to file with the IRS quarterly federal tax returns for TEEMCO from 2010 to 2015. As part of his plea agreement, he agreed to pay $3,003,220.47 in restitution to the IRS for withheld payroll taxes and other federal taxes that TEEMCO never paid to the IRS for company employees. Lorson also agreed to pay an additional $542,162.53 in restitution to the Oklahoma Tax Commission for TEEMCO employees’ state taxes that were withheld but never paid to state tax authorities.
Today Chief U.S. District Judge Joe Heaton sentenced Lorson to five years in federal prison, followed by three years of supervised release. The court chose a sentence above the advisory sentencing guideline range and at the statutory maximum based on the circumstances of the offense and other factors. Lorson will also be required to pay restitution in the amount of $3,545,383.00.
This case was the result of an investigation conducted by IRS–Criminal Investigations and was prosecuted by Assistant U.S. Attorney Chris M. Stephens.
Reference is made to public filings for further information.
Former Postal Employee Pleads Guilty to Misappropriation of Postal FundsRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced yesterday that JACQUELINE M. BATISTE a/k/a Jacqueline Batiste Francois, age 48, of New Orleans, Louisiana, entered a plea of guilty to misappropriation of postal funds, in violation of Title 18, United States Code, Section 1711.
According to documents filed in federal court, BATISTE was employed by the United States Postal Service (“USPS”) as a City Letter Carrier/Supervisor working in the New Orleans Bywater Station (“Bywater”) Post Office. One of BATISTE’s responsibilities was to prepare and dispatch the Bywater Station’s daily remittances for deposit with the New Orleans Process and Delivery Center Registry Section (“PDCRS”).
The case against BATISTE began when the PDCRS contacted the USPS Office of Inspector General (“OIG”) because the Bywater Post Office failed to submit remittances. The USPS OIG’s investigation revealed that Bywater employees gave deposit money to BATISTE for remittance to the Registry Section.
On March 29, 2018, Batiste agreed to meet with special agents of the USPS OIG. BATISTE was advised of her Miranda rights and was told that the agents wanted to discuss financial issues in the Bywater Post Office. BATISTE told the agents that she had a gambling issue and liked to play the slot machines at Boomtown Casino. BATISTE said, on the date in question, she notified a fellow postal employee that she was going to place the deposit money in the safe. Special agents asked BATISTE if that happened and BATISTE replied, “No, I had the urge.” BATISTE admitted to taking the deposit money for March 10, 2018 and going to Boomtown. Special agents asked BATISTE if it was safe to say the missing $1,214.00 was now at Boomtown and she replied “Yes sir.” According to BATISTE, she had already lost her own money at Boomtown on Saturday before losing the rest of the money she had taken from the USPS.
BATISTE faces a maximum penalty of one year imprisonment followed by up to one year of supervised release, a $100,000.00 fine, and a mandatory $25.00 special assessment. Sentencing is scheduled for June 5, 2019.
U.S. Attorney Peter G. Strasser praised the work of the Office of Inspector General for the United States Postal Service. The prosecution of the case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Former Officer at Louisiana Correctional Center Pleads Guilty for Role in Conspiracy to Cover up Physical Assault of Five InmatesRead the Press Release
The Justice Department today announced that defendant Quintail Credit, a former officer at the Richwood Correctional Center, pleaded guilty in federal court yesterday for his role in a conspiracy to cover up the physical assault of five inmates by officers. Credit, 26, of Winsboro, Louisiana, pleaded guilty to conspiring with other officers to falsify documents with intent to obstruct and influence the investigation of a matter within federal jurisdiction. Assistant Attorney General Eric Dreiband for the Civil Rights Division and U.S. Attorney for the Western District of Louisiana David C. Joseph made the announcement.
“Any officer who conspires to cover up any crime or physical assault against an inmate violates federal law and will be held accountable under the law,” said Assistant Attorney General Eric Dreiband. “The Justice Department will continue to prosecute unlawful misconduct by correction officers.”
“Criminal conduct by correctional officers will not be tolerated in the Western District of Louisiana,” said U.S. Attorney David C. Joseph. “Correctional officers deserve our respect for the jobs they do, but we must also hold them accountable when they willfully break the law and cover up the abuse of inmates.”
According to his guilty plea, Credit worked as a correctional officer at the Richwood Correctional Center in Richwood, Louisiana, where on Oct. 30, 2016 he and other officers abused inmates and then conspired to cover it up. According to Mr. Credit, he and other officers sprayed a chemical agent directly in the faces and eyes of five inmates while the inmates were handcuffed, compliant, kneeling on the floor, and not posing a physical threat to anyone. Following that abuse, Mr. Credit and the other officers conspired to hide their conduct by submitting false reports.
Roderick Douglas, a former supervisor at the Richwood Correctional Center, pleaded guilty in federal court on Jan. 31 for his role in the conspiracy to violate the civil rights of five inmates. Sentencing for Douglas is scheduled for June 5, 2019.
The count of conviction carries a maximum penalty of five years in prison and a criminal fine of up to $250,000. Mr. Credit is scheduled to be sentenced on May 17, 2019 by U.S. District Judge Terry A. Doughty of the Western District of Louisiana, who accepted the plea.
This case is being prosecuted by Assistant U.S. Attorney Mary Mudrick of the U.S. Attorney’s Office of the Western District of Louisiana, and Trial Attorney Anita Channapati of the Civil Rights Division, Criminal Section. The case was investigated by the Monroe Division of the FBI.
Former Memphis Police Officer Sentenced to 96 Months in Federal PrisonRead the Press Release
Memphis, TN – Former Memphis Police Officer, Terrion Bryson, 26, has been sentenced to 96 months imprisonment for narcotics and weapons possession offenses committed while on duty. U.S. Attorney D. Michael Dunavant announced the sentence today.
In early 2018, the FBI and MPD began a joint investigation of officers Kevin Coleman and Terrion Bryson. In April of 2018, Coleman and Bryson agreed to escort approximately 2.5 kilograms of heroin to a storage facility in Memphis. Coleman was on duty, in his MPD squad car, at the time of the escort. Bryson, not on duty at the time, but armed with a handgun, accompanied the driver, an undercover MPD officer, in the car with the heroin. Both Coleman and Bryson were arrested shortly thereafter.
U.S. Attorney D. Michael Dunavant said, "A very low percentage of law enforcement officers engage in official misconduct and corruption, but when they do, it tarnishes the entire criminal justice system and damages the trust and confidence of citizens in proper police authority. When police officers use their badges to become drug dealers and highway robbers, it is our duty to expose their corruption, hold them accountable, and protect society from their dishonesty. This sentence will hopefully deter other corrupt police behavior, restore the public’s faith in honest officers, and send a message that nobody is above the law."
"No one is immune to consequences. If a law enforcement officer chooses to violate the law, swift action will be taken. It is our job to uphold the law, and that is what the officers of the Memphis Police Department will continue to do," said Michael Rallings, Director, Memphis Police Department.
"Law enforcement officers who use their position for private gain undermine the integrity of and erode the public’s trust in the very framework of our justice system," says M.A. Myers, Special Agent in Charge of the FBI Memphis Field Office. "The vast majority of law enforcement officers at the local, state and federal level are honest and dedicated professionals who strive every day to uphold the law and protect their communities. Unfortunately, there is a small percentage who violate the public trust, and the FBI will continue to target them as our top criminal investigative priority."
On February 7, 2019, U.S. District Court Judge John T. Fowlkes Jr., sentenced Bryson to 96 months imprisonment followed by 5 years of supervised release. Bryson entered a guilty plea on November 19, 2018. Co-defendant Kevin Coleman, also a former Memphis Police Officer, was previously sentenced to 120 months imprisonment.
This case was investigated by the Federal Bureau of Investigation Tarnished Badge Task Force and the Memphis Police Department Organized Crime Unit.
Assistant U.S. Attorney David Pritchard prosecuted this case on the government’s behalf.
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Former Correctional Officer Pleads Guilty to Assaulting Two Handcuffed Inmates at Elayn Hunt Correctional CenterRead the Press Release
WASHINGTON – Adrian Almodovar III, a former correctional officer at Elayn Hunt Correctional Center in St. Gabriel, Louisiana, pleaded guilty in federal court today to unlawfully assaulting two handcuffed inmates and to failing to stop other correctional officers from assaulting one of the inmates.
“The Justice Department will hold correctional officers accountable to the public by investigating and prosecuting officers who inflict cruel and unusual punishment on inmates,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“This officer chose to engage in criminal activity and by doing so dishonored himself and the countless honorable corrections officers who undertake difficult and dangerous work in our penal institutions every day - for that, he was held accountable,” said U.S. Attorney Fremin. “We will remain steadfast in upholding our obligation to protect the civil rights of others and will hold accountable those, like Mr. Almodovar, who abuse their authority. I want to thank the Civil Rights Division of the Department of Justice, the FBI, and the Office of the Louisiana Inspector General for their efforts in bringing this offender to justice.”
“The integrity of the entire system is threatened when those entrusted with power and authority choose to violate that trust. It is especially egregious when it happens in the corrections system,” said Louisiana Inspector General Stephen Street. “All who engage in this criminal behavior should know that significant criminal consequences will result. The Louisiana OIG remains committed to working with our law enforcement partners to ensure this.”
"Placed in a position of public trust at the Elayn Hunt Correctional Facility, Adrian Almodovar III abused defenseless inmates, discredited our justice system, and tarnished the image of countless good officers. The FBI remains committed to upholding the Constitution and protecting the civil rights of all persons," said Eric J. Rommal, FBI New Orleans Special Agent in Charge.
Almodovar, 39, pleaded guilty to one count of willfully depriving the inmates of their right to be free from cruel and unusual punishment. Information presented during the plea hearing established that Almodovar assaulted inmate J.H. multiple times on Jan. 9, 2017, by punching him in the face. During all of these assaults, inmate J.H. was restrained in handcuffs and was not offering any resistance. Later that day, Almodovar also punched inmate L.B. in the head. During this assault, inmate L.B. was also restrained in handcuffs and was not offering any resistance.
During the plea hearing, Almodovar admitted he was aware at the time of these assaults that he did not have any legal justification for using force on the inmates but did so anyway. Almodovar also admitted that he witnessed other correctional officers assaulting inmate J.H. on two separate occasions and failed to intervene to stop them, despite knowing he had a duty to protect inmates from unlawful assaults. Two other correctional officers have previously pleaded guilty for their roles in the assaults on inmate J.H.
Almodovar faces a maximum statutory penalty of ten years in prison and a $250,000 fine.
This case is being investigated by the FBI’s Baton Rouge Resident Agency Office and the Louisiana Office of the State Inspector General. The case is being prosecuted by Trial Attorney Zachary Dembo of the Civil Rights Division’s Criminal Section.
Florida Man Sentenced in Cocaine CaseRead 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 Josue Vega, 37, of Kissimmee, Florida, who was convicted of possession of cocaine with intent to distribute, was sentenced to serve 18 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on June 2, 2017, and June 15, 2017, the defendant sold 93 grams of cocaine in Rochester. Subsequently, on August 2, 2017, Vega was observed obtaining 31 grams of cocaine with the intent to distribute it to others.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Federal Inmates Indicted for Escaping from PrisonRead the Press Release
BEAUMONT, Texas – Three federal prison inmates have been indicted for escaping from prison announced U.S. Attorney Joseph D. Brown today.
The three federal inmates were charged with escape in three separate indictments returned by a federal grand jury today.
According to the indictments on Jan. 12, 2019, the Jefferson County Sheriff’s Office received a call from a citizen near the Bureau of Prison Camp Facility in west Jefferson County reporting they had witnessed inmates crossing a pasture and getting picked by a vehicle on Hillebrandt Road. A Jefferson County Sheriff’s Deputy pulled over the vehicle shortly afterwards and found two of the escapees inside. The inmates were transported back to the prison facility by law enforcement officers. A third inmate returned to the facility on foot several hours later. Charged in the indictments are:
- Juan Carlos Acuna, 37, of Marietta, Georgia. Acuna was sentenced to 22 years in federal prison in 2006 for possession with intent to distribute over 150 kilos of cocaine.
- Clemente Valdez, Jr., 36, of Dallas. Valdez was sentenced to over 17 years in federal prison in 2012 for conspiracy to commit money laundering and conspiracy to distribute cocaine. Valdez was also convicted of marijuana trafficking in 2003 and served state prison time in North Carolina for that offense.
- Arnold Troy Crayton, 37, of Fort Worth. Crayton was sentenced to 5 years in federal prison in 2014 for possession with intent to distribute marijuana. He has prior felony convictions for conspiracy to distribute cocaine and has been in a federal prison facility since 2002.
If convicted, the defendants each face up to five years in federal prison.
This case is being investigated by the U.S. Bureau of Prisons and Jefferson County Sheriff’s Office and prosecuted by Executive Assistant U.S. Attorney Brit Featherston.
A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla. – United States Attorney Trent Shores announced today the results of the February 2019 Federal Grand Jury. An additional seven sealed indictments were also returned.
The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Benito Alba-Figueroa. Unlawful Reentry of a Removed Alien. Benito Alba-Figueroa, 23, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Aug. 8, 2015, at or near Nogales, Arizona. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.
Martin Castillo-Vasquez. Unlawful Reentry of a Removed Alien. Martin Castillo-Vasquez, 24, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Jun. 25, 2015, at or near El Paso, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.
Jesus Ponce Dominguez. Possession of Methamphetamine With Intent to Distribute; Possession of Heroin With Intent to Distribute; Maintaining a Drug-Involved Premises; Possession of Firearms While Present in United States Under Nonimmigrant Visa; and Possession of Firearms in Furtherance of Drug Trafficking Crimes. Dominguez, 29, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; possession with intent to distribute 100 grams or more of a mixture and substance containing heroin; maintaining a place to manufacture and distribute methamphetamine and heroin; possessing firearms while present in the United States while under a nonimmigrant visa; and possessing firearms in furtherance of drug trafficking crimes. Dominguez possessed a combination of seven pistols, one shotgun, and four rifles. The Tulsa Police Department, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Adrian Ponce Dominguez. Possession of Methamphetamine With Intent to Distribute; Maintaining a Drug-Involved Premises; and Possession of Firearms in Furtherance of Drug Trafficking Crimes. Dominguez, age unknown, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; maintaining a place to manufacture and distribute methamphetamine; and possessing firearms in furtherance of drug trafficking crimes, including Beretta Nano 9 mm pistol and a Masterpiece Arms Defender 9 mm pistol. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies.
Christopher Jacob Froehlich. Aggravated Identity Theft and Wire Fraud. Froehlich, 33, of Salisaw, is charged with knowingly possessing and using, without lawful authority, identification belonging to another individual while committing wire fraud, which is a felony. Froehlich used a stolen credit card to make fraudulent purchases at a Walmart, causing a loss of $1,058.29. The U.S. Secret Service and Broken Arrow Police Department are the investigative agencies.
Gustavo Adrian Lopez-Soria. Unlawful Reentry of a Removed Alien. Lopez-Soria, 26, of Amarillo, Texas, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported March 12, 2018, at Laredo, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.
Efrain Munguia-Alverez. Unlawful Reentry of a Removed Alien. Munguia-Alverez, 32, of Tulsa, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Nov. 28, 2016, at Del Rio, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.
Kenneth James Thunderburk. Possession of Methamphetamine with Intent to Distribute. Thunderburk, 37, of Bernice, is charged with possessing with intent to distribute methamphetamine. The Catoosa Police Department, Bureau of Indian Affairs and Drug Enforcement Administration are the investigative agencies.
Fayetteville Man Sentenced on Drug and Gun Charges Following Search WarrantRead the Press Release
NEW BERN — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Louise W. Flanagan sentenced Travis Ladon Fulton, 42, of Fayetteville to 117 months’ imprisonment, followed by 5 years of supervised release. On October 17, 2018, FULTON pled guilty to three counts: possession with intent to distribute quantities of heroin, cocaine, and marijuana; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a convicted felon.
In August 2017, the Fayetteville Police Department learned through a confidential informant that FULTON was selling controlled substances out of a house in Fayetteville. Over the course of the next few weeks, law enforcement successfully directed the informant to make three controlled buys of drugs from FULTON at the residence – the first two of heroin and the third of cocaine.
On October 5, 2017, members of the Fayetteville Police Department executed a search warrant at the residence. Hidden in a small popcorn machine, officers found quantities of cocaine, crack cocaine, heroin, and marijuana. Officers found several other drug-related items throughout the kitchen: a digital scale with cocaine residue, Suboxone and Fentanyl patches, a razor blade knife with cocaine residue, and both unused and torn plastic sandwich bags. In a tool bag by the front door, officers found a loaded Glock .40 caliber handgun. The confidential informant had described seeing FULTON with the gun during one of the controlled buys. It had previously been reported to law enforcement as having been stolen.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Fayetteville Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorneys Jake D. Pugh represented the government.
Engineering Contractor Sentenced to Prison for Bribery in Macomb County Corruption ProbeRead the Press Release
A former civil engineering contractor in Macomb County, Paulin Modi, 50, of Troy, Michigan, was sentenced today to twelve months in prison followed by two years of supervised release based on his conviction for conspiracy to commit bribery, United States Attorney Matthew Schneider announced.
Schneider was joined in the announcement by Timothy R. Slater, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation and Manny Muriel, Special Agent in Charge of the Detroit Field Office of the Internal Revenue Service.
In September 2017, Modi pleaded guilty to conspiring to bribe Steven Hohensee, who was then the Superintendent of the Department of Public Works for Washington Township, Michigan. Modi paid multiple cash bribes amounting to $5,000 to Hohensee in 2013 and 2014 in an effort to secure a $1 million per year engineering contract between Modi’s company and Washington Township. In addition, Modi assisted two executives from another engineering firm to pay a $2,000 bribe to Hohensee with the hope of securing more business for this other engineering firm. Unbeknownst to Modi, Hohensee was cooperating with the FBI at the time, and Hohensee recorded the bribe payment and related discussions. Modi also provided a $25,000 “loan” to another Washington Township official in order to protect his firm’s contract with the township.
After being confronted by the FBI back in 2015, Modi has worked diligently to cooperate with the government’s investigation into cooperation in Macomb County. His sentence was reduced based on that cooperation, including his June 2018 testimony at the trial of Clinton Township Trustee Dean Reynolds. Reynolds, who failed to take responsibility for his actions and did not cooperate in the investigation, was sentenced to 17 years in prison on February 6, 2019, based on his convictions for multiple conspiracies to commit bribery.
This case is part of the government’s wide-ranging corruption investigation centered in Macomb County, Michigan. The investigation of this case was conducted by the Federal Bureau of Investigation and the Internal Revenue Service. The case is being prosecuted by Assistant U.S. Attorneys David A. Gardey and R. Michael Bullotta.
Elyria man who stabbed a woman indicted in federal court for carjackingRead the Press Release
An Elyria man who stabbed a woman was indicted in federal court for carjacking.
Johnny G. Mack III, 39, was indicted on one count of carjacking after he used force to steal a 2016 Nissan Altima on December 12, 2018, according to the indictment.
Mack pulled a knife and threated to stab the driver of the Altima as he pushed her into her car. Mack stabbed the victim, causing small puncture wounds to her legs, stomach and hands, according to court documents.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being investigated by the FBI and Elyria Police Department. It is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Eastern District of Tennessee U.S. Attorney’s Office Backs the BlueRead the Press Release
Although we are only a little more than a month into 2019, statistics from the Officer Down Memorial Page indicate that across the nation 15 police officers have already been killed in the line of duty. One officer death is too many. Fifteen is an outrage!
These same statistics indicate that in 2018 a total of 150 police officers lost their lives in the line of duty. The number reaches a staggering total of 811 for the past five years. Few words are more heart wrenching than “officer down.” This violence against police officers must stop.
Brave members of the law enforcement community put their lives on the line every day to make our neighborhoods safer. They do this selflessly, not for the money, fanfare, or recognition, but because of a desire and commitment to serve their communities. They are the foundation of our cities and towns, making sacrifices 24 hours a day, seven days a week, to ensure the safety of their families, friends and complete strangers. They should never have to sacrifice their lives. They are our first call when we need help…and, that call should never be their last.
In February 2017, just weeks after taking office, President Trump issued an executive order calling on the Department of Justice to back our men and women in blue. This is exactly what our office has done and will continue to do. As United States Attorney in the Eastern District of Tennessee, I am personally committed to working in partnership with state and local law enforcement to develop strategies that work in our communities and make the streets safer for everyone, including law enforcement. Our office will continue to ensure that our laws are enforced and the public is safe.
The considerable number of law enforcement officers injured or killed across the nation in the line of duty over these past few weeks should be a reminder to us all of the hundreds of thousands of men and women in this country who put themselves in harm’s way each day. They, as well as their families, deserve our heartfelt thanks for a job well done.
While we should always surround our law enforcement community with respect and appreciation, this is especially important during the time of these senseless deaths. I challenge each of you in the coming days to make a point simply to stop and say “thank you” to an officer for doing his or her job to keep us, our families and our communities a safer place to live.
J. Douglas Overbey, United States Attorney, Eastern District of Tennessee
Dominican Republic Man Who Mailed Narcotics from St. John Sentenced to 46 Months in Prison for Possession of 2 Kilograms of Cocaine with the Intent to DistributeRead the Press Release
St. Thomas, USVI – Braulio Martinez, 33, of the Dominican Republic, was sentenced today in District Court before District Court Judge Curtis V. Gomez, to possession with the intent to distribute cocaine, United States Attorney Gretchen C.F. Shappert announced. District Court Judge Curtis V. Gomez sentenced Martinez to 46 months followed by four years supervised release. Judge Gomez additionally ordered that Martinez pay a $100 special assessment.
According to court documents, on or about July 25th, 2017, Martinez is seen on video mailing a package from St. John, Virgin Islands, to the U.S. mainland. The package was inspected by U.S. Customs and Border Protection and found to contain electronic equipment with two black plastic-like wrapped packages secreted inside the equipment. The packages were brick-like in shape and each contained a white powdery substance that field-tested positive for cocaine. The packages were sent to the DEA laboratory for testing and confirmed to be approximately two kilograms of cocaine.
The case was investigated by the Drug Enforcement Administration (DEA) and the United States Postal Inspection Services (USPIS) and prosecuted by Assistant U.S. Attorney Sigrid M. Tejo-Sprotte.
Dominican Man Pleads Guilty to Possession of Cocaine with the Intent to Distribute as a Result of His Involvement in the Mailing of Four Kilograms of Cocaine from St. ThomasRead the Press Release
St. Thomas, USVI – Domingo Diaz Diaz, 40, of the Dominican Republic, pleaded guilty today to possession of cocaine with the intent to distribute, United States Attorney Gretchen C.F. Shappert announced. Diaz was remanded pending a sentencing hearing set for June 13, 2019.
According to court records, in February of 2016, Diaz was involved in the mailing of a package through the Ottley Post Office in Sugar Estate, St. Thomas that contained approximately four kilograms of cocaine, a controlled substance. Court records indicate that Diaz’ latent prints were subsequently recovered from inside of the package.
The case was investigated by the United States Postal Inspection Service (USPIS), the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP) and prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
District Court Enters Permanent Injunction Against Pennsylvania Compounding Pharmacy and its Owner to Prevent Adulteration of DrugsRead the Press Release
The U.S. District Court for the Western District of Pennsylvania entered a consent decree of permanent injunction against defendants Ranier’s Rx Laboratory Inc., doing business as Ranier’s Compounding Laboratory, and Francis H. Ranier, its owner. The injunction permanently enjoins the defendants from doing any act that causes a drug to become adulterated based on insanitary conditions while such drug is held for sale after shipment of one or more of its components in interstate commerce, the Department of Justice announced today.
The entered permanent injunction stems from a complaint the Department filed in the U.S. District Court for the District of Western Pennsylvania on Feb. 1, 2019, at the request of the U.S. Food and Drug Administration (FDA). The complaint alleged that defendants violated the Federal Food, Drug, and Cosmetic Act by causing articles of drug to become adulterated. The complaint alleged that defendants’ drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated with filth or may have been rendered injurious to health.
“The Department of Justice aggressively pursues legal measures to help ensure that compounded drugs intended to be sterile are made under appropriate conditions and thereby to minimize risk to consumers,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work with the FDA to make sure that consumers can rely on the protections in the Federal Food, Drug, and Cosmetic Act.”
Defendants agreed to settle the complaint and be bound by a consent decree for permanent injunction. As part of the settlement, defendants represented that they are not engaged in manufacturing, holding, and/or distributing any sterile drugs manufactured at their facility. As part of the permanent injunction, if defendants intend to resume manufacturing, holding, and/or distributing any sterile drugs manufactured at their facility, they must comply with specific remedial measures set forth in the injunction. The measures include, among other things, retaining an independent person to assist with remedial efforts, submitting a work plan to FDA, and providing a certification from the independent expert that defendants have undertaken corrective actions to ensure that defendants’ facility, equipment, processes, and procedures are adequate to prevent defendants’ drugs from becoming adulterated based on insanitary conditions.
FDA conducted an inspection of defendants’ facility in May 2018. According to the complaint, FDA observed numerous insanitary conditions, including insanitary employee practices, poor aseptic technique, failure to ensure adequate air quality in the cleanroom, and inadequate environmental and personnel monitoring. Following the May 2018 inspection, defendants conducted a recall of all sterile drugs within expiry.
“We continue to see concerning activity when it comes to some compounded drugs, including problems related to the conditions under which compounded sterile medicines are made, which can raise significant risks to patients. This is an area of intense focus for the FDA. We’re committed to making sure that compounded drugs are made under appropriate production standards and, when necessary, taking enforcement actions against compounders who fail to produce sterile drugs in compliance with the law,” said FDA Commissioner Scott Gottlieb, M.D. “Despite our warning, Ranier’s and its owner placed patients at risk by compounding purportedly sterile drug products under insanitary conditions. The FDA will continue to pursue enforcement action against companies and owners who place American consumers at risk.”
Trial Attorney Jocelyn Hines of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Rachael Mamula of the United States Attorney’s Office for the Western District of Pennsylvania represented the United States, along with the assistance of Senior Counsel Julie Lovas of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Pennsylvania, visit its website at https://www.justice.gov/usao-wdpa.
Department of Justice announces update on combating human trafficking; Montana task force aiding in investigations, prosecutionsRead the Press Release
BILLINGS -- Montana, through a multi-agency task force on human trafficking, supports Department of Justice efforts to raise awareness about the activity and to fight this violent crime, U.S. Attorney Kurt Alme said today.
The Department of Justice dedicated January as National Slavery and Human Trafficking Prevention Month, as proclaimed by President Trump in December 2018.
In 2018, the Department of Justice fought human trafficking by investigating and prosecuting traffickers, dismantling transnational human trafficking networks, enhancing victim identification and protection of victims of trafficking and funding and providing domestic and international anti-trafficking programs.
“Human trafficking is a horrible crime against the human dignity of the victims, and it can have no place in our society,” Acting Attorney General Matthew G. Whitaker said. “But the Department of Justice is taking action against the traffickers. In fiscal year 2018, the Department of Justice secured over 500 human trafficking convictions—an increase from the previous year,” Whitaker said.
“Human trafficking, which exploits and enslaves both adults and juvenile victims, is happening in Montana,” U.S. Attorney Alme said. “However, the collaborative work of the Montana task force in sharing and discussing leads, trends and operations is key to bringing human traffickers to justice and to aiding victims. If anyone in Montana sees any evidence of human trafficking they should bring it to the attention of law enforcement right away,” he said.
In 2018, the Montana Human Trafficking Task Force assisted in the prosecution and convictions of four human trafficking related cases. The cases included Terrance Edwards, who was sentenced to 30 years in federal prison for convictions on sex trafficking and other charges; co-defendant Francine Granados, who was sentenced to two years in federal prison for witness tampering in the Edwards case; and Christina Jackson, who was sentenced to five years of federal probation for conviction of transportation of adults. In Missoula County, Walter Hill is awaiting trial in state district court on charges of promoting prostitution. In 2015, Hill was revoked on violations for a previous conviction for promoting prostitution.
The Montana Human Trafficking Task Force is composed of federal, state and other law enforcement agencies that meet quarterly to discuss trends in human trafficking in the state, operations, tactics and active cases. There are about 20 members, representing the US Attorney’s Office, FBI, Drug Enforcement Administration, Homeland Security Investigations, Bureau of Indian Affairs, IRS, the Montana Department of Justice, representatives from the Fort Peck, Ft. Belknap and Blackfeet tribes and the Missoula Police Department. The task force works in collaboration with numerous private-public task forces throughout the state. The task force was created in 2012 and its membership has evolved.
Montana communities with regional task forces include Yellowstone, Missoula, Flathead, Gallatin and Cascade counties. Anyone interested in working on community strategies or assisting victims of human trafficking should reach out to their regional task force, U.S. Attorney Alme said.
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Cuban Citizen Arrested on Charge of Making False Statements on an Application for Lawful Permanent ResidenceRead the Press Release
Indictment allege series of lies, including failure to disclose membership in the Cuban government’s Department of State Security
A Cuban citizen residing in Miami, Florida, was arrested on Feb. 5, by federal agents after being indicted on one count of making false statements in an immigration document.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Anthony Salisbury of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office made the announcement.
Saul Santos Ferro, 73, was charged in an indictment alleging that Santos made a number of lies and misrepresentations in his application to register as a permanent resident which he knowingly presented to U.S. immigration authorities, ultimately obtaining lawful permanent resident status. Specifically, the indictment asserts that, when he applied to register as a permanent resident, Santos failed to disclose his membership or affiliation with any organization, falsely stated that he never served in or been a member of a police unit, and falsely stated that he never served in any situation that involved detaining persons. In fact, Santos served as a high-ranking officer in the Cuban government’s Department of State Security or Departamento de Seguridad del Estado (DSE) for decades. Additionally, Santos falsely stated that he never by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any other immigration benefit.
“Individuals who make false statements in immigration documents expose themselves to the serious threat of federal prosecution,” said U.S. Attorney Fajardo Orshan. “Law enforcement in South Florida will continue to work together to prosecute those individuals who knowingly deceive the authorities about their criminal past or foreign ties, in order to fraudulently obtain immigration benefits.”
“Saul Santos Ferro allegedly lied to immigration authorities about his membership in the Cuban government’s internal security force to obtain lawful permanent residence status,” said Assistant Attorney General Benczkowski. “The Justice Department will continue to aggressively prosecute those who seek to exploit our immigration system through fraud and deceit.”
“The United States has a lawful system of immigration that is necessary for our country to be a prosperous and orderly nation,” said Special Agent in Charge Piro. “When the system is circumvented, the FBI and our law enforcement partners have a duty to investigate in order to protect our citizens from lawbreakers who may be hiding amongst us.”
“The arrest of Saul Santos Ferro should send a clear message that we will not tolerate individuals who purposely deceive the government and violate our immigration laws,” said HSI Special Agent in Charge Salisbury. “HSI is committed to working with our federal law enforcement partners to ensure that these crimes are properly investigated and prosecuted to the fullest extent of the law.”
Santos Ferro had his initial court appearance today before U.S. Magistrate Judge Edwin G. Torres for the Southern District of Florida, who ordered him released to home confinement with GPS monitoring and a $100,000 bond.
The charges contained in the indictment are merely allegations and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI and HSI. The case is being jointly prosecuted by Assistant U.S. Attorney Daniel Cervantes of the Southern District of Florida and Trial Attorney Rami S. Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Correctional officer and nurse indicted for scheme involving sex with federal inmateRead the Press Release
WAYCROSS, GA – A correctional officer with the rank of captain has been indicted on federal charges for having sex with an inmate, and a nurse is charged with facilitating the illicit trysts.
A federal grand jury indicted Rebecca Fussell, 48, of Waycross, for Conspiracy and Sexual Abuse of a Ward, and Melissa Batten, 47, of Waycross, for Conspiracy and False Statement, announced Bobby L. Christine, U.S. Attorney for the Southern District of Georgia, and Robert A. Bourbon, Special Agent in Charge of the U.S. Department of Justice Office of the Inspector General (DOJ-OIG), Miami Field Division.
According to the indictment, Fussell was a correctional officer and Batten was a registered nurse employed by the GEO Group, a private contractor that operates the D. Ray James Correctional Institution, in Folkston, Ga., under contract with the federal Bureau of Prisons. An investigation began after another employee saw Fussell engaging in sex with a male inmate in a medical treatment room at the prison, leading to the discovery that Batten facilitated and helped cover up repeated sexual activity between Fussell and the prisoner.
Under federal law, any sexual activity between an inmate and prison employee constitutes sexual abuse of a person in custody, and carries a penalty of up to 15 years in prison.
“Employees at prison facilities are expected to oversee safe and humane incarceration of the inmates, not prey upon them,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
“The DOJ-OIG takes allegations of sexual abuse by federal correctional officers and employees very seriously, and is committed to investigating such allegations,” stated Special Agent in Charge Bourbon.
The case was investigated by the Department of Justice Office of the Inspector General. Assistant United States Attorney Marcela C. Mateo is prosecuting the case for the United States.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Convicted Felon with Criminal Past Sentenced to 100 Months by Federal Judge on Gun ChargeRead the Press Release
ALBANY – A convicted felon with an extensive criminal history was sentenced to 100 months for possession of a firearm today in federal court, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. James T. Parker, 36, of Leary, GA, was sentenced to 100 months, plus three years supervised release, by the Honorable Leslie Gardner. Mr. Parker pled guilty to one count of Possession of a Firearm by a Convicted Felon in September 2018. There is no parole in the federal system.
An Albany Police Department officer responded to a report of a robbery by snatching, and witnesses directed the officer to Mr. Parker. During a lawful search of the defendant, the officer immediately felt a weapon, a Jennings .22 caliber pistol with six rounds of ammunition in the gun. Mr. Parker was previously convicted on Possession of Cocaine and Escape charges in Dougherty County Superior Court in January 2017. The defendant was on probation at the time of the arrest.
“Today’s strong sentence shows that our justice system has zero tolerance for dangerous felons who pick up guns and create havoc in our communities,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “I want to applaud the good work of the Albany Police Department, for quickly apprehending a dangerous person, and for their partnership helping making our region safer.”
The case was investigated by the Albany Police Department. Assistant U.S. Attorney Jim Crane prosecuted 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.
Convicted Felon Sentenced for Possessing Heroin and FirearmsRead the Press Release
NORFOLK, Va. – A previously convicted felon was sentenced today to seven years in prison for possession with intent to distribute heroin and being a felon in possession of a firearm.
According to court documents, Earl Jerome Joyce, 34, of Norfolk, was stopped for speeding by Norfolk Police in December 2017. During the stop a detective observed marijuana in plain view and Joyce was arrested. Police searched the vehicle and the other passengers and located approximately $82,000 in cash in the possession of the two passengers. After Joyce was transported to the Norfolk Police station, police discovered a plastic bag containing approximately 14 grams of heroin on the floorboard where Joyce had been seated.
While NPD was conducting surveillance outside Joyce’s residence in Norfolk, they observed a man and woman arrive in separate vehicles and enter Joyce’s residence. The man later exited Joyce’s residence carrying a safe, which Norfolk Police later discovered contained three loaded pistols, two of which were stolen. The woman later admitted to leaving Joyce’s residence with a large money-counting machine and a digital scale with drug residue.
Joyce was previously convicted of felony distribution of heroin in Norfolk Circuit Court.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, and Larry D. Boone, Chief of Norfolk Police, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Darryl J. Mitchell 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. 2:18-cr-130.
Contractor from North Royalton indicted for paying cash bribes to City of Cleveland building officialRead the Press Release
A contractor from North Royalton was indicted for paying cash bribes to a City of Cleveland building official.
Martin Fano, 69, was indicted on seven counts of honest services mail and wire fraud.
According to the indictment:
Fano owned and operated ABC Construction LLC, a business that provided demolition and construction services in the Cleveland area. The company did demolition work for the City of Cleveland, the Cuyahoga County Land Bank and private parties.
Fano paid bribes to Rufus Taylor, who served as the City of Cleveland’s Chief of the Demolition Bureau. Fano paid money to Taylor so that Taylor would use his position to ensure work performed by Fano’s company would be quickly inspected after completion and more quickly receive signed permits for work performed. This took place between June 2016 and January 2017, and this favorable treatment allowed Fano to receive faster payment for demolition jobs
Taylor has pleaded guilty to bribery and extortion charges and is scheduled to be sentenced later this year.
“Bribery is not acceptable, whether you are a contractor paying the bribe or a public official accepting the money,” U.S. Attorney Justin Herdman said. “Rooting out corruption is vital to protecting our public institutions.”
“Bribing a public official is, most assuredly, a bad business practice and against the law,” said FBI Special Agent in Charge Eric B. Smith. “The FBI will continue to root out public corruption and hold those that are stealing from our taxpaying citizens accountable in a court of law.”
Brad Geary, Special Agent in Charge of the U.S. Department of Housing and Urban Development’s Office of Inspector General, said: “The prosecution of Mr. Fano’s conduct should serve as a reminder that the HUD Office of Inspector General will vigorously pursue these individuals and bring them to justice. We wish to thank the U. S. Attorney’s Office and our federal law enforcement partners for their continued partnership throughout this investigation.”
This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General, and the Internal Revenue Service – Criminal Investigations.
It is being prosecuted by Assistant U.S. Attorneys Chelsea S. Rice and Elliot Morrison.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Colombian Veterinarian Sentenced in Brooklyn Federal Court to 72 Months’ Imprisonment for Heroin Importation ConspiracyRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Andres Lopez Elorez, a veterinarian who surgically implanted liquid heroin in puppies on behalf of Colombian drug traffickers, was sentenced by United States District Judge Sterling Johnson, Jr. to 72 months’ imprisonment. In September 2018, Elorez pleaded guilty to conspiring to import heroin into the United States. Upon completion of his sentence, the defendant will be deported.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the sentence.
“Every dog has its day, and with today’s sentence, Elorez has been held responsible for the reprehensible use of his veterinary skills to conceal heroin inside puppies as part of a scheme to import dangerous narcotics into the United States,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to investigate and prosecute drug trafficking organizations, operating here and abroad, to reduce the availability of opioids and save American lives.” Mr. Donoghue extended his grateful appreciation to the U.S. Drug Enforcement Administration, New York and Miami Divisions and Bogota and Madrid Country Offices; the United States Marshals Service; the Colombian National Police; the Government of Spain and the Spanish Guardia Civil for their assistance in the investigation, extradition and prosecution.
“This sentencing closes the case on a trafficking organization that used live puppies to smuggle drugs from Colombia to New York,” stated DEA Special Agent-in-Charge Donovan. “Today, the veterinarian responsible for surgically implanting packets of liquid heroin in puppies has been sentenced to 72 months in federal prison. I commend our law enforcement partners and U.S. Attorney’s Office, Eastern District of New York, for their diligent efforts throughout this 14-year investigation.”
According to court filings and facts presented during court proceedings, Elorez and his co-conspirators, based in Colombia, smuggled heroin into the United States using various methods to conceal the narcotics from law enforcement. Specifically, between September 8, 2004 and January 1, 2005, Elorez leased a farm in Medellin, Colombia, where he secretly raised dogs and surgically implanted bags of liquid heroin in nine puppies for importation into the United States. On January 1, 2005, law enforcement searched the farm and seized 17 bags of liquid heroin weighing nearly three kilograms, including 10 bags that were removed from the puppies. Three of the puppies died after they contracted a virus following the surgeries.
Elorez was a fugitive until he was arrested in Spain in 2015. Elorez was extradited to the United States in May 2018.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Nathan D. Reilly and Alicia N. Washington are in charge of the prosecution.
The Defendant:
ANDRES LOPEZ ELOREZ
Age: 39
Country of Birth: ColombiaE.D.N.Y. Docket No. 05-CR-835 (SJ)
Charges Filed in Gold Heist CaseRead the Press Release
A third individual has been indicted on charges related to the armed robbery of gold bars.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office made the announcement.
Pedro Santamaria, 56, is charged by indictment with conspiring to commit a Hobbs Act robbery and with conspiring to use and carry a firearm in furtherance of that robbery. The indictment alleges that Santamaria conspired to commit these crimes with Adalberto Perez and Roberto Cabrera, both of whom previously pled guilty for their involvement in the robbery (Case Nos. 16-Cr-20158-JAL and 16-Cr-20160-KMM).
According to the court records, including the indictment, Santamaria, Perez and Cabrera caused noxious fumes to fill the cabin of the TransValue, Inc. truck that was transporting gold bars to Massachusetts. At gunpoint, two robbers removed and bound the TransValue employees. The robbers then transferred the gold bars to their vehicle and fled.
An indictment contains allegations. Every defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Fajardo Orshan commended the FBI for their continued assistance in this matter. The case is being prosecuted by Assistant U.S. Attorneys Michael Gilfarb and Alejandra Lopez.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
California Man Sentenced for Threatening CommunicationsRead the Press Release
United States Attorney Ron Parsons announced that a California man convicted of Interstate Communications of Threats to Injure was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.
Zackary Anthony Mitchell, age 23, was sentenced to time served through February 6, 2019, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. As part of the supervised release plan, he will return to California and be on home confinement to his father’s home for 5 months.
Mitchell was indicted by a federal grand jury on October 16, 2018. He pled guilty on January 3, 2019.
The conviction stemmed from an incident that occurred between December 23, 2017, and January 14, 2018, when Mitchell repeatedly texted the victim threatening harm and injury to her and threats of killing her family.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mitchell was immediately turned over to the custody of the U.S. Marshals Service.
Burgaw Man Sentenced to More Than 18 Years for Child Pornography OffenseRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, Chief United States District Judge Terrence W Boyle sentenced Cheyne Martin Potrafka, 35, of Burgaw to 220 months’ imprisonment, followed by a lifetime of supervised release. POTRAFKA pled guilty to one count of receipt of child pornography on November 1, 2018.
The charge arose from a state probation search. On August 9, 2016, Potrafka began a term of state post-release supervision, following a 2013 conviction on two counts of Indecent Liberties with a Child in Pender County Superior Court. Not long after POTRAFKA began post-release supervision, his probation officer became concerned about POTRAFKA’s compliance. Specifically, the officer learned that POTRAFKA admitted during sex-offender treatment to having sexually abused multiple children in the past and that members of Potrafka’s church had begun complaining about him lingering near children.
On March 1, 2017, probation conducted a warrantless search of POTRAFKA’s residence, pursuant to the terms of his supervision agreement. His computer and hard drives were examined on site and found to contain over 150 images and a video of child pornography. A later forensic examination revealed additional files that had been deleted. In an interview, Potrafka admitted to possessing child pornography. He also admitted to sexually abusing approximately 14 children during his lifetime, describing in detail the multiple incidents of past sexual abuse.
Mr. Higdon commented: “Cases like this one are among the most important we handle as federal prosecutors. This case alone revealed how pervasive this problem is and how offenders like this defendant often leave many victims in their wake-here, by the defendant’s own admission, 14 children plus those victimized in the videos and pictures he possessed. The Justice Department remains firmly committed to protecting our most vulnerable citizens-our children, by aggressively investigating and prosecuting these cases wherever we find them.”
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
The investigation of this case was conducted by the Pender County Sheriff’s Office, the North Carolina State Bureau of Investigation, and the Federal Bureau of Investigation. Assistant United States Attorney Jake D. Pugh represented the government.
Buffalo Business Owner Pleads to Tax Fraud Charge and Harboring an Illegal AlienRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Todd Cameron, 47, of Buffalo, NY, pleaded guilty to filing a false tax return and transporting and harboring an illegal alien, before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that between June 2012 and December 2015, Cameron operated the Buffalo Remodeling & Construction Co. of W.N.Y. and Buffalo Roofing Co. For the tax years 2013-2015, the defendant failed accurately to report income generated from his businesses to the Internal Revenue Service.
In addition, between July 2015 and December 2015, Cameron transported and harbored six illegal aliens for the purpose of commercial advantage and private financial gain. The defendant paid for the illegal aliens to be transported from the State of Maryland here to the Western District of New York to work for his roofing business. Cameron then paid to house the illegal aliens, first at a local hotel, and then at a house owned by a business of the defendant.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent- in-Charge, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for May 13, 2019, at 12:30 p.m. before Judge Arcara.
Bronx Couple Admit Sex Trafficking of MinorRead the Press Release
TRENTON, N.J. – A Bronx, New York, man and woman today admitted their roles in a month-long scheme to advertise and provide a minor for sexual acts for money, U.S. Attorney Craig Carpenito announced.
Richard Ortiz, 23, a/k/a “Ace,” and Gabriella Colon, 19, both of Bronx, New York, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to informations charging them with conspiracy to commit sex trafficking of a child.
According to documents filed in this case and statements made in court:
From January 2018 through February 2018, Ortiz and Colon recruited, enticed, and advertised Victim-1, knowing that Victim-1 was less than 18 years old and would be caused to engage in one or more commercial sex acts. Colon and Ortiz acknowledged having transported Victim-1 from New York into New Jersey and Colon admitted to photographing Victim-1 in various states of undress and posting the photographs on a website advertising Victim-1 for sexual services. Colon and Ortiz admitted collecting money from numerous individuals who paid to have sexual relations with Victim-1.
The count to which Ortiz and Colon pleaded guilty carries a maximum term of life imprisonment. Sentencing for Colon is scheduled for May 13, 2019, and for Ortiz, May 14, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; and detectives with the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Andrew Carey, with the investigation leading to today’s guilty pleas. He also thanked the East Brunswick and Fort Lee, New Jersey, police departments for their assistance.
The government is represented by Special Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Organized Crime Drug Enforcement Task Force/Narcotics Unit in Newark.
Defense counsel:
Ortiz: Olubukola Adetula Esq., Irvington, New Jersey
Colon: Candace Hom Esq., Assistant Federal Public Defender, NewarkBrazilian National Currently Serving Murder Sentence Charged with Illegal ReentryRead the Press Release
BOSTON - A Brazilian national was indicted and charged with illegally reentering the United States after deportation.
Walter Gomes DaSilva, 47, was indicted on one count of illegal reentry after deportation. He appeared in federal court in Boston today.
According to court records, DaSilva was first encountered by law enforcement in 1998 while an inmate at the Bristol House of Corrections. At that time, DaSilva was serving a two-year sentence for domestic assault and battery. Upon completion of his sentence, he was placed in removal proceedings, and on Nov. 29, 1999, he was deported to Brazil.
Sometime thereafter, DaSilva illegally reentered the United States. In 2003, DaSilva was convicted in Middlesex Superior Court of assault and battery with a dangerous weapon and assault to kill and was sentenced to 8-10 years in prison. After completing his sentence, DaSilva was placed into removal proceedings, and on March 27, 2012, he was deported to Brazil.
DaSilva again illegally reentered the United States, and in 2016, he was charged in Bristol County with illegal possession of a firearm and the murder of his daughter. In 2018, DaSilva was convicted of murder and sentenced to 25-years-to-life in prison.
The charging statute provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Brazilian National Charged with Making False Statements Concerning South Boston School ShootingRead the Press Release
BOSTON – A Brazilian national was arrested today and charged in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018.
Clebio P. De Lima, 43, a Brazilian national illegally residing in Quincy, was arrested and charged in an indictment unsealed today with two counts of making false statements to federal authorities. De Lima will appear at 11:30 a.m. in federal court in Boston.
According to the charging documents, in February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. It is alleged that the letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.”
Following an investigation, it was determined that the allegations in the letter were false. During an interview with agents in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS.
The charging statute provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Biodiesel Fuel Company Sentenced for Releasing More Than 45,000 Gallons of Wastewater into Arthur KillRead the Press Release
NEWARK, N.J. – An Elizabeth, New Jersey, biodiesel fuel company was sentenced today for discharging more than 45,000 gallons of wastewater from its commercial biodiesel fuel production facility into the Arthur Kill, a narrow waterway that separates New Jersey from Staten Island, New York, U.S Attorney Craig Carpenito announced.
Fuel Bio One LLC was sentenced by U.S. District Judge William J. Martini to pay a criminal fine of $100,000. The company was also sentenced to probation for a period of five years, during which the company must: provide biannual reports to the Court and the Government documenting its waste generation, handling and disposal practices; develop, implement, and fund an employee training program to ensure that all employees are aware of proper waste handling and disposal practices and to ensure that all storage, treatment and disposal of wastewater complies with the Clean Water Act; and allow U.S. Environmental Protection Agency full access to all offices, warehouses and facilities owned or operated by the company.
Fuel Bio One LLC previously pleaded guilty before U.S. Magistrate Judge James B. Clark 3rd to an information charging it with one count of violating the Clean Water Act, a statute that was enacted to prevent, reduce, and eliminate water pollution in the United States.
“Protecting the environment and our natural resources is one of the many ways this office works to keep New Jersey safe for everyone,” U.S. Attorney Carpenito said. “The sentence imposed today as a result of Fuel Bio One’s previous guilty plea ensures that the company will be punished for its past crimes, and the plea agreement puts in place a plan to ensure they don’t pollute our waterways in the future.”
According to court documents filed in this case and statements made in court:
Fuel Bio One generated wastewater that included methanol, biodiesel and other contaminants, as a byproduct of its biodiesel fuel production at its Elizabeth, New Jersey, plant. On Sept. 6, 2013, and Nov. 9, 2013, employees of Fuel Bio One released approximately 45,000 gallons of wastewater into a storm water pit at the Elizabeth plant, causing the pump to operate and, as a result, wastewater to be discharged into the Arthur Kill. A representative of Fuel Bio One admitted to this conduct in court.
U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency, under the direction Special Agent in Charge Tyler Amon, with the investigation leading to today’s sentencing.
The Government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark and Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.
Bible-Wielding Drug Dealer Found Guilty of Federal Gun and Drug ChargesRead the Press Release
DENVER – Miguel Antonio Garcia, age 40, of Denver, was found guilty yesterday of federal drug and gun crimes following a three-day trial before U.S. District Court Judge Raymond P. Moore, U.S. Attorney Jason Dunn and ATF Denver Special Agent Debbie Livingston announced. Garcia appeared at the trial in custody and was remanded to the custody of the U.S. Marshals Service at the trial’s conclusion.
Garcia was first charged by criminal complaint on July 13, 2018, and was subsequently charged by indictment on July 26, 2018. A superseding indictment was filed on January 10, 2019. On February 6, 2019, he was found guilty, following a three-day jury trial, of Possession of a Firearm and Ammunition by a Prohibited Person, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. The jury deliberated for an hour and a half before returning its verdicts.
According to court documents, as well as facts presented during trial, on July 11, 2018, an individual called 911 claiming Garcia, who was walking the streets of Denver with a backpack and a bible, had asked him for a drink. The 911 caller claimed he invited the defendant up to his apartment and gave him some water when the defendant pulled a gun from inside his waistband, and another from inside a bible case. The defendant then fled the scene when the individual called 911. Within minutes, the defendant was located on the same block carrying a bible, but without the backpack or the two guns.
Soon thereafter, the backpack was recovered under a nearby tree. It contained a loaded 10mm semi-automatic handgun, a loaded 9mm semi-automatic handgun, approximately 360 grams of methamphetamine, two scales, and several empty plastic baggies. The backpack also contained a motel room key sleeve which matched a motel key found in Garcia’s pocket and the backplate of a cellphone which matched the phone in Garcia’s pocket. Additionally, the bible Garcia had at the time of his arrest contained indentation marks on the cover and the case which matched the 10mm handgun in the backpack.
Garcia faces not less than 15 years, and up to life in federal prison.
This trial was handled by Assistant U.S. Attorneys Peter McNeilly and Conor Flanigan.
Bedford Man Charged with KidnappingRead the Press Release
BOSTON – A Bedford, Mass. man was arrested late last night on a federal arrest warrant in Key West, Fla., and charged in connection with a kidnapping that began in Concord, Mass., and ended in Connecticut.
Julian Field, 24, was charged with one count of kidnapping and will appear in federal court in Key West, Fla., on Friday, Feb. 8, 2019. Field will be brought to Massachusetts at a later date.
According to court documents, on the evening of Feb. 3, 2019, Field broke into the home of a Concord resident and forced the victim to drive him to a train station in Connecticut, first stopping in Springfield, Mass., to attempt to procure illegal drugs. Field ultimately allowed the victim to leave. Authorities subsequently tracked Field to Florida, where he was arrested.
The charge of kidnapping provides for a sentence of up to life in prison, up to five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation Boston Field Division; Concord Police Chief Joseph O’Connor; and Bedford Police Chief Robert Bongiorno made the announcement today. FBI Miami and the Monroe County (FL) Sheriff’s Office provided valuable assistance with the investigation. Assistant U.S. Attorney Anne Paruti with Lelling’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Avondale Man Pleads Guilty to Theft of Social Security FundsRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that JERRY CAMPBELL (“CAMPBELL”), age 60, of Avondale, Louisiana, entered a plea of guilty yesterday to Theft of Government Funds, in violation of Title 18, United States Code, Section 641.
According to documents filed in federal court, CAMPBELL’s sister was authorized to receive Social Security Administration (“SSA”) Title XVI Supplemental Security Income (“SSI”) disability benefits up until her death which occurred on November 8, 2013. An investigation by special agents with the SSA Office of Inspector General and the Louisiana State Police revealed CAMPBELL was in possession of his late sister’s Chase Bank ATM card and began withdrawing money from her account after her death. CAMPBELL admitted to federal authorities on January 22, 2018, that he used his late sister’s ATM card to pay for his own personal expenses knowing he was not entitled to her Social Security benefits. CAMPBELL failed to notify the SSA of his sister’s death and took approximately $32,836.00 in SSI benefits from her account.
CAMPBELL faces a maximum penalty of ten years imprisonment, followed by up to three years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment. Sentencing is scheduled for June 5, 2019.
U.S. Attorney Peter G. Strasser praised the work of the Social Security Administration, Office of Inspector General and the Louisiana State Police. The prosecution of this case is being handled by Assistant U. S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Akron man indicted for stamping pills containing fentanyl and other drugs to look like Percocet, as well as firearms chargesRead the Press Release
An Akron man was indicted in federal court on fentanyl, firearms and other drug charges, as well as having an illegal pill press.
Donyea Nelson, 42, was indicted on charges including possession of die used to manufacture a counterfeit substance, possession of equipment to manufacture a controlled substance, possession of a firearm in furtherance of drug trafficking, possession with intent to distribute fentanyl, possession with intent to distribute fentanyl analogues and other charges.
According to the nine-count indictment and related court documents:
Law enforcement became aware in December 2018 of several packages sent from China to 1305 Bellows Street in Akron. Some of the shipments were consistent with parts used to press pills.
A search of one of the parcels on January 2, 2019 revealed several parts used to press and stamp pills. The die pieces recovered were designed to print and/or reproduce the trade name and mark of acetaminophen oxycodone hydrochloride, more commonly known as Percocet.
Law enforcement made an undercover controlled delivery of the package the next day. Nelson accepted and signed for the package, which was addressed to a Nelsohn Donnier.
Police entered the home and found numerous powders, capsules, items consistent with a pill press operation, as well as a .45-caliber Blackhawk pistol. The drugs were determined to include fentanyl, methamphetamine, butyrylfentanyl and 4-ANPP.
“This case is a stark reminder that people who buy drugs on the street have no idea what they are putting into their body,” said U.S. Attorney Justin Herdman. “This defendant was pressing pills to look like Percocet but his home was filled with deadly fentanyl, fentanyl analogues and other drugs. I am confident this arrest saved lives.”
“Opioid trafficking continues to be among HSI’s highest investigative priorities,” said Homeland Security Investigations’ Special Agent in Charge Steve Francis. “These deadly drugs pose an extremely serious threat to public safety in our communities. HSI and our partners will be relentless in our effort to bring traffickers of this poison to justice. ”
This case was investigated by Homeland Security Investigations, U.S. Customs and Border Protection and the Akron Police Department. It is being prosecuted by Assistant U.S. Attorney Damoun Delaviz.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Wednesday 6 February 2019
Woburn Man Charged with Being a Felon in Possession of FirearmRead the Press Release
BOSTON – A Woburn man was indicted today in federal court in Boston for being a felon in possession of a firearm.
Vasily Hardy, 28, was indicted on one count of being a felon in possession of a firearm and ammunition. On Jan. 18, 2019, Hardy was charged by criminal complaint and arrested.
According to charging documents, on Nov. 14, 2018, a police officer conducted a vehicle stop after observing the driver committing multiple traffic violations. After identifying the driver as Hardy, the officer was informed over the radio that there was an active warrant for Hardy’s arrest. Hardy was subsequently arrested and his vehicle was searched. During the search, the officer recovered a Sig Sauer, semi-automatic pistol loaded with an eight-round magazine of .45 caliber ammunition as well as a second eight-round magazine. During an interview with law enforcement, Hardy confirmed that the handgun belonged to him and that he did not have a license to carry a firearm in Massachusetts. Further investigation revealed that Hardy was prohibited from possessing firearms and ammunition due to previous convictions, including assault and battery in 2012 and larceny from a person in 2013, which are each punishable by more than a year in jail.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Wellesley Police Department, Norfolk County District Attorney’s Office and the Hillsborough County Attorney’s Office in New Hampshire. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Union General Hospital to pay $5 million to resolve alleged False Claims Act violationsRead the Press Release
ATLANTA – Union General Hospital (“UGH”), located in Blairsville, Georgia, has agreed to pay $5 million to resolve allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians.
“It is imperative that all medical decisions are based on the best interest of the patient not on financial gain,” said U.S. Attorney Byung J. “BJay” Pak. “This settlement demonstrates our commitment to ensuring healthcare providers stay focused on the patient and not enriching themselves.”
“It is a priority for the FBI to protect taxpayers from those who would circumvent our healthcare laws,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Not only do taxpayers lose, but so do citizens who count on programs like Medicare for their healthcare needs.”
“It is unacceptable for hospitals to provide financial incentives to induce physicians to steer patients their way, said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “The OIG will vigorously pursue providers who enter into arrangements that can potentially corrupt medical decision making.”
In early 2016, the U.S. Attorney’s Office for the Northern District of Georgia initiated a civil health care fraud investigation into UGH after receiving information from law enforcement agents who arrested several UGH employees for alleged criminal misconduct regarding controlled substances. Shortly after these arrests, UGH replaced the majority of its executive team, conducted an internal investigation, and voluntarily disclosed significant amounts of information related to several financial relationships with physicians and physician practices.
This settlement resolves allegations that UGH engaged in several different improper financial relationships with physicians between 2012 and 2016, in violation of the Stark Law. The Stark Law forbids hospitals from billing Medicare for certain services referred by physicians who have a financial relationship with the hospital unless the relationship falls within a defined exception. The United States alleges that the relationships UGH had with certain physicians were prohibited because UGH compensated the physicians in amounts that were above or inconsistent with fair market value or in a manner that took into account the volume or value of the physicians’ referrals.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, and the Federal Bureau of Investigation, with assistance from the Tactical Diversion Squad from the Drug Enforcement Administration.
The civil settlement was reached by Assistant U.S. Attorneys Lena Amanti and Gabriel Mendel.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.